2005 Connecticut Code - Sec. 54-56j. Pretrial school violence prevention program.
Sec. 54-56j. Pretrial school violence prevention program. (a) There shall be a
school violence prevention program for students of a public or private secondary school
charged with an offense involving the use or threatened use of physical violence in or
on the real property comprising a public or private elementary or secondary school or
at a school-sponsored activity as defined in subsection (h) of section 10-233a. Upon
application by any such person for participation in such program, the court shall, but
only as to the public, order the court file sealed, provided such person states under
oath, in open court or before any person designated by the clerk and duly authorized to
administer oaths, under penalties of perjury that such person has never had such system
invoked in such person's behalf and that such person has not been convicted of an offense
involving the threatened use of physical violence in or on the real property comprising
a public or private elementary or secondary school or at a school-sponsored activity as
defined in subsection (h) of section 10-233a, and that such person has not been convicted
in any other state at any time of an offense the essential elements of which are substantially the same as such an offense.
(c) Any person who enters the program shall agree: (1) To the tolling of the statute of limitations with respect to such crime, (2) to a waiver of the right to a speedy trial, (3) to participate in a school violence prevention program offered by a provider under contract with the Office of Alternative Sanctions pursuant to subsection (g) of this section, and (4) to successfully complete the assigned program. If the Bail Commission informs the court that the defendant is ineligible for the program and the court makes a determination of ineligibility or if the program provider certifies to the court that the defendant did not successfully complete the assigned program, the court shall order the court file to be unsealed, enter a plea of not guilty for such defendant and immediately place the case on the trial list.
(d) The Office of Alternative Sanctions shall monitor the defendant's participation in the assigned program and the defendant's compliance with the orders of the court including, but not limited to, maintaining contact with the student and officials of the student's school.
(e) If such defendant satisfactorily completes the assigned program and one year has elapsed since the defendant was placed in the program, such defendant may apply for dismissal of the charges against such defendant and the court, on reviewing the record of such defendant's participation in such program submitted by the Office of Alternative Sanctions and on finding such satisfactory completion, shall dismiss the charges. If the defendant does not apply for dismissal of the charges against the defendant after satisfactorily completing the assigned program and one year has elapsed since the defendant was placed in the program, the court, upon receipt of the record of the defendant's participation in such program submitted by the Office of Alternative Sanctions, may on its own motion make a finding of such satisfactory completion and dismiss the charges.
(f) The cost of participation in such program shall be paid by the parent or guardian of such student, except that no student shall be excluded from such program for inability to pay such cost provided (1) the parent or guardian of such student files with the court an affidavit of indigency or inability to pay, and (2) the court enters a finding thereof.
(g) The Office of Alternative Sanctions shall contract with service providers, develop standards and oversee appropriate school violence prevention programs to meet the requirements of this section.
(h) The school violence prevention program shall consist of at least eight group counseling sessions in anger management and nonviolent conflict resolution.
(P.A. 99-259, S. 2, 3.)
History: P.A. 99-259 effective January 1, 2000.
See Sec.46b-133e re school violence prevention program for children under sixteen years of age.
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