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Motion For Suspension Of Prosecution And Order Of Treament - Alcohol Or Drug Dependency JD-CR-90 - Connecticut
| Motion For Suspension Of Prosecution And Order Of Treament - Alcohol Or Drug Dependency Form. This is a Connecticut form and can be used in Criminal Statewide . |
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MOTION FOR SUSPENSION OF INSTRUCTIONS PROSECUTION AND ORDER OF TO DEFENDANT: Forward original to Clerk of Court and TREATMENT - ALCOHOL OR DRUG send a copy to the states attorney. DEPENDENCY TO CLERK: Send a copy of the final court order granting JD-CR-90 Rev. 6-04 or denying the motion to the Court Support Services C.G.S. 17a-696 Division and the DMHAS treatment facility SUPERIOR COURT DOCKET NO. TO: The Superior Court of the State of Connecticut FROM (Name of Defendant) ADDRESS OF DEFENDANT (Number, Street, Town) JUDICIAL DISTRICT OR G.A. ADDRESS OF COURT CRIME(S) CHARGED AGAINST DEFENDANT (Name and Statute No.) I, the undersigned Defendant, hereby make the following statements: 1. I AM NOT CHARGED WITH SEEK WAIVER OF MY INELIGIBILITY BECAUSE OF 6. I agree that (a) prosecution may be suspended for a BEING CHARGED WITH period not exceeding two years, (b) during said period a violation of Section 14-227a or Section 53a-60d of the I shall be placed in the custody of the Court Support General Statutes or with a class A, B or C felony. Services Division for treatment of alcohol or drug dependency, and (c) the court or the Court Support 2. I WAS NOT TWICE PREVIOUSLY ORDERED TREATED Services Division may require me to (1) comply with the SEEK WAIVER OF MY INELIGIBILITY BECAUSE I conditions specified in subsections (a) and (b) of Section WAS TWICE PREVIOUSLY ORDERED TREATED 53a-30 of the General Statutes and (2) be tested for use under the provisions of Section 17a-696, subsection (i) of of alcohol or drugs during the period of suspension. Section 17-155y,Section 19a-386 or Section 21a-284 of the 7. I agree, if this motion is granted, to pay to the court General Statutes, revised to 1989, or any combination thereof. forthwith an administration fee of $25, unless such fee is waived. I understand that the court may waive the o Be Completed by Defendant)(T3. I agree, with respect to the Crime(s) Charged above, to theadministration fee if it finds that I am indigent or unable to tolling of the statute of limitations during the period of pay the $25 administration fee. ("X" one of the following) any suspension granted and waive the right to a speedy trial. I intend to claim indigency or inability to pay. MOTION 4. I was an alcohol-dependent or drug-dependent person at I intend to pay the $25 administration fee. the time of the Crime(s) Charged above. 5. I agree to give notice of this motion to the victim(s) of said WHEREFORE, the undersigned moves that the prosecution of crime(s) so that the victim(s) will have an opportunity to the above Crime(s) Charged be suspended and that I be be heard in this matter. ordered treated for alcohol or drug dependency. I have read the above and understand it. SIGNED (Defendant) DATE SIGNED I agree to the foregoing statements. CONSENTED TO BY (Parent or guardian if minor) SIGNED (Attorney for Defendant) The foregoing motion is denied. opportunity to be heard on this matter. Notice to the Victim(s) must The foregoing motion is continued to the following Court be given on form JD-CR-89 by Registered or Certified Mail on or Date, so that the defendant may notify the victim(s) of the before the Notice Date indicated below. COURT HEARING DATE AND TIME NOTICE DATE SIGNED (Judge or Assistant Clerk) DATE SIGNED 1st ORDER 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 defendants support and that there is no (if applicable) 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. PERIOD OF PROBATION (Not to exceed two years) Other (Specify): CONDITIONS OF PROBATION: 1. The defendant shall be tested, as the probation officer deems appropriate, for use of alcohol or drugs.2nd ORDER 2. OTHER CONDITIONS SPECIFIED ON ATTACHED SHEET. BY THE COURT (Name of Judge) SIGNED (Assistant Clerk) DATE SIGNED
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