Free APPLICATION FOR ACCELERATED PRETRIAL REHABILITATION - Connecticut

APPLICATION FOR ACCELERATED PRETRIAL REHABILITATION
JD-CR-9 Rev. 3-09 C.G.S. 54-56e Pr. Bk. Sec. 39-33

To: The Superior Court of the State of Connecticut
From (Name of Accused) Alias/Maiden name Judicial District or Geographical Area Date of birth

Instructions to Person Filing the Application 1. Fill out the sections of this form above the "Oath" section. 2. Send the first two copies to the clerk of court. 3. Send the third copy to the prosecuting attorney. Keep the last copy. 4. A $35.00 application fee, or an application for waiver of the fee, www.jud.ct.gov must be filed with this application. Docket number (For court use only) Place of birth Race Sex Last 4 digits of Social Security number

xxx-xxAddress (Number, street and town) Address of Court Telephone

Crime(s) or Motor Vehicle Violation(s) charged against the Accused (Name and statute)

I am charged with the above Crime(s) or Motor Vehicle violation(s) or both and I am applying for Accelerated Pretrial Rehabilitation. I agree with the following statements: 1. The Crime(s), and/or motor vehicle violation(s) I am charged with could result in a sentence of imprisonment. The Crime(s), and/or motor vehicle violation(s) do not include: (1) a class A felony, (2) a class B felony, except a violation of section 53a-122 that does not involve the use, attempted use or threatened use of physical force against another person, (3) a violation of section(s) 9-359, 9-359a, 14-227a, 53-21(a)(2), 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b, 53a-90a, 53a-196e, 53a-196f of the Connecticut General Statutes, (4) a crime or motor vehicle violation which caused the death of another person, (5) a family violence crime (a) for which I am eligible for the pretrial family violence education program or (b) for which I have already had the pretrial family violence education program, or (6) a violation of section 21a-267 or 21a-279 of the Connecticut General Statutes if (a) I am eligible for the pretrial drug education program under section 54-56i of the Connecticut General Statutes, or (b) I have already had the pretrial drug education program. 2. I have not been adjudged a youthful offender within the last 5 years under sections 54-76b through 54-76n of the Connecticut General Statutes. 3. If the Crime(s) I am charged with are a class C felony, there is good cause for granting this application. 4. I have no record of conviction of a crime or of a violation of Connecticut General Statutes 14-196, 14-215(c), 14-222a, 14-224(a), or 14-227a. I have read this entire application and I understand it. I agree with the statements above and affirm under penalty of perjury that the statements are true.
Consented to by (Parent or guardian)

5. I give the state more time to prosecute me for this charge or charges (the tolling of any statute of limitations and to waive the right to a speedy trial,) with respect to the Crime(s) or Motor Vehicle Violation(s) charged above. 6. I will give the victim(s) of this Crime(s) or Motor Vehicle Violation(s) notice of this Application so that the victim(s) will have an opportunity to be heard in this matter. 7. I never had this program before, and will say so in open court under the penalties of perjury. 8. I agree, if my application is granted, that any physical evidence being held by the police may, at the discretion of the Court, be returned to the rightful owner before the end of the case. I also agree that, if the case must be eventually tried, secondary evidence, for example photographs, etc., may be admitted in evidence instead of the physical evidence. 9. If this application is granted, I will pay the court a fee of $100, or $425 if I am ordered to take part in a Hate Crimes Diversion Program, except that if I cannot pay or I am indigent, I will file with the court an Affidavit saying that I cannot pay or that I am indigent and the Court may decide that I do not have to pay the program fee if it finds that I am unable to pay either the $100 fee or the $425 fee or that I am indigent. ("X" one of the following) I intend to claim inability to pay or indigency. I intend to pay the $100 program fee or the $425 program fee, if ordered to. By signing this form, I am saying that I understand all of the above and I request that I be granted pretrial rehabilitation (Connecticut General Statute § 54-56e).
Signed (Accused) Date signed

Application

Signed (Attorney for Accused) Signed (Assistant clerk/duly authorized person) Date signed

The Accused stated, under penalties of perjury, that (s)he never had this program invoked before on his/her behalf.

First Order of the Court
The foregoing Application is denied. The foregoing Application is continued to the following Court Hearing Date, for a determination of eligibility and so that the Accused may notify the victim(s) of the opportunity to be heard on this matter. Notice to the victim(s) must be given on form JD-CR-10 by Registered or Certified Mail on or before the Notice Date indicated below.
Court hearing date and time Notice date Signed (Judge or assistant clerk) Date signed

Oath

For Court Use Only
File date

Eligibility Report
The Accused is eligible The Accused is not eligible for the following reasons: Prior conviction - See attached Prior Accelerated Rehabilitation participation Youthful Offender within 5 years
Eligibility report provided by Date of report Client number State Identification number

Other (Specify):

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Second Order of the Court
The court finds that due notice to the victim(s) was given and the case continued to the date specified below: The foregoing Application is denied. The Accused, having reached the age of 16 years but not having reached the age of 18 years, the case is continued to the date specified below for receipt of an assessment by a youth service bureau or its designee. Due notice to the victim(s) having been given, the Court, believing that the Accused probably will not offend in the future and that the Accused has not been adjudicated as a youthful offender within the preceding 5 years and has no previous record of conviction of a crime or of a violation of section 14-196, 14-215(c), 14-222(a), 14-224a or 14-227a of the Connecticut General Statutes, the Application is granted; the case is continued to the below date; and the Accused, unless otherwise noted below, is released to the custody of the Court Support Services Division for the Period of Probation specified below, subject to the following conditions, which the Accused has accepted. The Accused is transferred, under the conditions specified and accepted below, to the court handling the criminal docket for drug dependent persons, established pursuant to section 51-181b of the Connecticut General Statutes. The court denies the application for a fee waiver and the Accused is ordered to pay the clerk forthwith a program fee of $100. $425 if ordered to participate in a Hate Crimes Diversion Program. The court waives the fee having found that the Accused is indigent or unable to pay.
Date of finding Clerk's initials

Additional conditions accepted by the Accused The Accused having been charged with a violation of section 46a-58, 53-37a, 53a-181j, 53a-181k or 53a-181l, shall participate in a Hate Crimes Diversion Program in accordance with 54-56e(e), consisting of an educational program and supervised community service. The Accused shall pay a program fee of $425, unless such fee was ordered waived (see above court orders).
The Accused acknowledges these conditions (Sign) Case continued to (Date and time) Period of probation or supervision By the Court (Name of judge) Date signed

__.M.
Signed (Assistant clerk)

Final Progress Report
The Accused named above: Has satisfactorily completed the period of probation and/or supervision. Has not satisfactorily completed the period of probation and/or supervision. Reasons for non-compliance:

Signed (Court Support Services Division officer/duly authorized personnel)

Date signed

Disposition
Probation/Supervision successfully completed and charges dismissed Probation/Supervision not satisfactorily completed, a plea of not guilty entered and this case immediately placed on the trial list.
By the Court (Name of Judge) Signed (Assistant Clerk) Date signed

JD-CR-9 Rev. 3-09 (Page 2 of 2)

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