Free MOTION FOR SUSPENSION OF PROSECUTION AND ORDER OF TREATMENT - ALCOHOL OR DRUG DEPENDENCY - Connecticut

MOTION FOR SUSPENSION OF PROSECUTION AND ORDER OF TREATMENT - ALCOHOL OR DRUG
DEPENDENCY
JD-CR-90 Rev. 6-04 C.G.S. § 17a-696

INSTRUCTIONS TO DEFENDANT: Forward original to Clerk of Court and send a copy to the state's attorney. TO CLERK: Send a copy of the final court order granting or denying the motion to the Court Support Services Division and the DMHAS treatment facility
SUPERIOR COURT DOCKET NO. ADDRESS OF DEFENDANT (Number, Street, Town) ADDRESS OF COURT

TO: The Superior Court of the State of Connecticut
FROM (Name of Defendant) JUDICIAL DISTRICT OR G.A. CRIME(S) CHARGED AGAINST DEFENDANT (Name and Statute No )

MOTION (To Be Completed by Defendant)

I, the undersigned Defendant, hereby make the following statements: 1. I AM NOT CHARGED WITH SEEK WAIVER OF MY INELIGIBILITY BECAUSE OF BEING CHARGED WITH a violation of Section 14-227a or Section 53a-60d of the General Statutes or with a class A, B or C felony. 2. I WAS NOT TWICE PREVIOUSLY ORDERED TREATED SEEK WAIVER OF MY INELIGIBILITY BECAUSE I WAS TWICE PREVIOUSLY ORDERED TREATED under the provisions of Section 17a-696, subsection (i) of Section 17-155y, Section 19a-386 or Section 21a-284 of the General Statutes, revised to 1989, or any combination thereof. 3. I agree, with respect to the Crime(s) Charged above, to the tolling of the statute of limitations during the period of any suspension granted and waive the right to a speedy trial. 4. I was an alcohol-dependent or drug-dependent person at the time of the Crime(s) Charged above. 5. I agree to give notice of this motion to the victim(s) of said crime(s) so that the victim(s) will have an opportunity to be heard in this matter.

6. I agree that (a) prosecution may be suspended for a period not exceeding two years, (b) during said period I shall be placed in the custody of the Court Support Services Division for treatment of alcohol or drug dependency, and (c) the court or the Court Support Services Division may require me to (1) comply with the conditions specified in subsections (a) and (b) of Section 53a-30 of the General Statutes and (2) be tested for use of alcohol or drugs during the period of suspension. 7. I agree, if this motion is granted, to pay to the court forthwith an administration fee of $25, unless such fee is waived. I understand that the court may waive the administration fee if it finds that I am indigent or unable to pay the $25 administration fee. ("X" one of the following) I intend to claim indigency or inability to pay. I intend to pay the $25 administration fee. WHEREFORE, the undersigned moves that the prosecution of the above Crime(s) Charged be suspended and that I be ordered treated for alcohol or drug dependency.

I have read the above and understand it. I agree to the foregoing statements.
CONSENTED TO BY (Parent or guardian if minor)

SIGNED (Defendant) SIGNED (Attorney for Defendant)

DATE SIGNED

1st ORDER

The foregoing motion is denied. The foregoing motion is continued to the following Court Date, so that the defendant may notify the victim(s) of the
COURT HEARING DATE AND TIME NOTICE DATE

opportunity to be heard on this matter. Notice to the Victim(s) must be given on form JD-CR-89 by Registered or Certified Mail on or before the Notice Date indicated below.
SIGNED (Judge or Assistant Clerk) DATE SIGNED

2nd ORDER (if applicable)

The foregoing motion is denied. Due notice to the victim(s) having been given, the court finds that the defendant was an alcohol-dependent or drug-dependent person at the time of the crime(s) charged, the defendant presently needs and is likely to benefit from treatment for the dependency, and suspension of prosecution will advance the interests of justice. The motion is granted; the prosecution is suspended and the case is continued to the below date; and the defendant is released to the custody of the Court Support Services Division for treatment for alcohol or drug dependency for the Period of Probation specified below, subject to the following conditions and payment of the administration fee and cost of treatment ordered unless waived below. The court, having found that the defendant has an estate insufficient to provide for the defendant's support and that there is no person legally liable or able to support the defendant, CASE CONTINUED TO (Date and Time) Waives the payment of the $25 administration fee. Waives the payment of the cost of treatment. Other (Specify):
PERIOD OF PROBATION (Not to exceed two years)

CONDITIONS OF PROBATION: 1. The defendant shall be tested, as the probation officer deems appropriate, for use of alcohol or drugs. 2. OTHER CONDITIONS SPECIFIED ON ATTACHED SHEET.
BY THE COURT (Name of Judge) SIGNED (Assistant Clerk) DATE SIGNED

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