| 1 | 1 | | General Assembly Raised Bill No. 294 |
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| 2 | 2 | | February Session, 2018 LCO No. 1779 |
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| 3 | 3 | | *01779_______PH_* |
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| 4 | 4 | | Referred to Committee on PUBLIC HEALTH |
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| 5 | 5 | | Introduced by: |
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| 6 | 6 | | (PH) |
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| 7 | 7 | | |
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| 8 | 8 | | General Assembly |
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| 9 | 9 | | |
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| 10 | 10 | | Raised Bill No. 294 |
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| 11 | 11 | | |
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| 12 | 12 | | February Session, 2018 |
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| 13 | 13 | | |
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| 14 | 14 | | LCO No. 1779 |
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| 15 | 15 | | |
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| 16 | 16 | | *01779_______PH_* |
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| 17 | 17 | | |
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| 18 | 18 | | Referred to Committee on PUBLIC HEALTH |
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| 19 | 19 | | |
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| 20 | 20 | | Introduced by: |
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| 21 | 21 | | |
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| 22 | 22 | | (PH) |
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| 23 | 23 | | |
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| 24 | 24 | | AN ACT CONCERNING THE PSYCHIATRIC SECURITY REVIEW BOARD. |
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| 25 | 25 | | |
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| 26 | 26 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 27 | 27 | | |
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| 28 | 28 | | Section 1. Section 17a-497 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 29 | 29 | | |
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| 30 | 30 | | (a) The jurisdiction of the commitment of a person with psychiatric disabilities to a hospital for psychiatric disabilities shall be vested in the Probate Court for the district in which such person resides or, when his or her place of residence is out of the state or unknown, in which he or she may be at the time of filing the application, except in cases where it is otherwise expressly provided by law. In any case in which the person is hospitalized in accordance with the provisions of sections 17a-498, 17a-502, [or] 17a-506 or 17a-582 and an application for the commitment of such person is filed in accordance with the provisions of said sections, the jurisdiction shall be vested in the Probate Court for the district in which the hospital where such person is a patient is located. In the event that an application has been previously filed in another Probate Court with respect to the same confinement, no further action shall be taken on such prior application. If the respondent is confined to a hospital, notwithstanding the provisions of section 45a-7, the probate judge from the district where the application was filed shall hold the hearing on such commitment at the hospital where such person is confined [,] if, in the opinion of at least one of the physicians appointed by the court to examine [him] the respondent, (1) it would be detrimental to the health and welfare of the respondent to travel to the Probate Court where the application was filed, or [if] (2) it could be dangerous to the respondent or others for [him] the respondent to travel to such court. The Probate Court shall exercise such jurisdiction only upon written application alleging in substance that such person has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled. Such application may be filed by any person and, if any person with psychiatric disabilities is at large and dangerous to the community, the first selectman or chief executive officer of the town in which he or she resides or in which he or she is at large shall make such application. |
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| 31 | 31 | | |
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| 32 | 32 | | (b) Upon the motion of any respondent or [his or her] respondent's counsel, or the probate judge having jurisdiction over such application, filed not later than three days prior to any hearing scheduled on such application, the Probate Court Administrator shall appoint a three-judge court from among the probate judges to hear such application. The judge of the Probate Court having jurisdiction over such application under the provisions of this section shall be a member, provided such judge may disqualify himself or herself, in which case all three members of such court shall be appointed by the Probate Court Administrator. Such three-judge court when convened shall have all the powers and duties set forth under sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, and shall be subject to all of the provisions of law as if it were a single-judge court. No such respondent shall be involuntarily confined without the vote of at least two of the three judges convened hereunder. The judges of such court shall designate a chief judge from among their members. All records for any case before the three-judge court shall be maintained in the Probate Court having jurisdiction over the matter as if the three-judge court had not been appointed. |
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| 33 | 33 | | |
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| 34 | 34 | | Sec. 2. Section 17a-584 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 35 | 35 | | |
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| 36 | 36 | | At any hearing before the board considering the discharge, conditional release or confinement of the acquittee, except a hearing pursuant to section 17a-592 or subsection (d) of section 17a-593, as amended by this act, the board shall make a finding as to the mental condition of the acquittee and, considering that its primary concern is to (1) balance the protection of society, (2) consider whether or not a less restrictive placement is available, and (3) protect the rights of patients hospitalized or treated in any public or private facility for the treatment of persons with psychiatric disabilities pursuant to section 17a-541, shall do one of the following: |
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| 37 | 37 | | |
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| 38 | 38 | | (1) If the board finds that the acquittee is a person who should be discharged, it shall recommend such discharge to the court pursuant to section 17a-593, as amended by this act. |
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| 39 | 39 | | |
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| 40 | 40 | | (2) If the board finds that the acquittee is a person who should be conditionally released, the board shall order the acquittee conditionally released subject to such conditions as are necessary to prevent the acquittee from constituting a danger to himself or herself or others. |
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| 41 | 41 | | |
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| 42 | 42 | | (3) If the board finds that the acquittee is a person who should be confined, the board shall order the [person] acquittee confined in a hospital for psychiatric disabilities or placed with the Commissioner of Developmental Services for custody, care and treatment. |
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| 43 | 43 | | |
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| 44 | 44 | | Sec. 3. Section 17a-593 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 45 | 45 | | |
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| 46 | 46 | | (a) The board, pursuant to section 17a-584, as amended by this act, or 17a-592, may recommend to the court the discharge of the acquittee from custody or the acquittee may apply directly to the court for discharge from custody. The court shall send copies of the recommendation or application to the state's attorney and to counsel for the acquittee. An acquittee may apply for discharge not more than once every six months and no sooner than six months after the initial board hearing held pursuant to section 17a-583. |
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| 47 | 47 | | |
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| 48 | 48 | | (b) The recommendation or application shall contain the dates on which any prior recommendations or applications for discharge had been filed with the court, the dates on which decisions thereon were rendered, and a statement of facts, including any change in circumstances since the determination on the most recent recommendation or application, sufficient to qualify the acquittee as a person who should be discharged. A recommendation by the board shall contain findings and conclusions to support the recommendation. |
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| 49 | 49 | | |
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| 50 | 50 | | (c) If reasonable cause exists to believe that the acquittee (1) remains a person with psychiatric disabilities or a person with intellectual disability to the extent that [his] such acquittee's discharge at the expiration of [his] such aquittee's maximum term of commitment would constitute a danger to himself or herself or others, or (2) is gravely disabled, the state's attorney [, at least one hundred thirty-five days prior to such expiration, may petition the court for an order of continued commitment of the acquittee] may make an application for commitment of such acquittee to a hospital for psychiatric disabilities pursuant to part II of chapter 319i. |
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| 51 | 51 | | |
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| 52 | 52 | | (d) The court shall forward any application for discharge received from the acquittee [and any petition for continued commitment of the acquittee] to the board. The board shall, [within] not later than ninety days after the date of its receipt of the application or petition, file a report with the court, and send a copy thereof to the state's attorney and counsel for the acquittee, setting forth its findings and conclusions as to whether the acquittee is a person who should be discharged. The board may hold a hearing or take other action appropriate to assist it in preparing its report. |
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| 53 | 53 | | |
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| 54 | 54 | | (e) [Within] Not later than ten days after the date of receipt of a recommendation for discharge filed by the board under subsection (a) of this section or receipt of the board's report filed under subsection (d) of this section, either the state's attorney or counsel for the acquittee may file notice of intent to perform a separate examination of the acquittee. An examination conducted on behalf of the acquittee may be performed by a psychiatrist or psychologist of the acquittee's own choice and shall be performed at the expense of the acquittee unless [he] the acquittee is indigent. If the acquittee is indigent, the court shall provide [him] the acquittee with the services of a psychiatrist or psychologist to perform the examination at the expense of the state. Any such separate examination report shall be filed with the court [within] not later than thirty days after the filing date of the notice of intent to perform the examination. To facilitate examinations of the acquittee, the court may order [him] the acquittee to be placed in the temporary custody of any hospital for psychiatric disabilities or other suitable facility or [placed] with the Commissioner of Developmental Services. |
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| 55 | 55 | | |
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| 56 | 56 | | (f) After receipt of the board's report and any separate examination reports, the court shall promptly commence a hearing on the recommendation or application for discharge. [or petition for continued commitment.] At the hearing, the acquittee shall have the burden of proving by a preponderance of the evidence that the acquittee is a person who should be discharged. |
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| 57 | 57 | | |
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| 58 | 58 | | (g) The court shall make a finding as to the mental condition of the acquittee and, considering that its primary concern is the balance between the protection of society and the rights of patients hospitalized or treated in any public or private facility for the treatment of persons with psychiatric disabilities pursuant to section 17a-541, make one of the following orders: (1) If the court finds that the acquittee is not a person who should be discharged, the court shall order the recommendation or application for discharge be dismissed; or (2) if the court finds that the acquittee is a person who should be discharged, the court shall order the acquittee discharged from custody. The court shall send a copy of such finding and order to the board. |
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| 59 | 59 | | |
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| 60 | 60 | | Sec. 4. Section 17a-587 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 61 | 61 | | |
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| 62 | 62 | | (a) If at any time after the confinement of an acquittee in a hospital for psychiatric disabilities or the placement of an acquittee with the Commissioner of Developmental Services pursuant to an order of the board, the superintendent of such hospital or said commissioner is of the opinion that the acquittee's psychiatric supervision and treatment would be advanced by permitting the acquittee to leave such hospital or the custody of said commissioner temporarily, the superintendent or said commissioner shall apply to the board for an order authorizing temporary leaves. The application shall include a statement of reasons in support thereof. The board shall send a copy of the application to the state's attorney. The board may order a hearing on the application and shall order such a hearing if the state's attorney files with the board a request therefor [within] not later than ten days after the date of his or her receipt of the application. The board shall grant the application, subject to such conditions and supervision as the board may set in the order for temporary leave, if it concludes that the acquittee's temporary leave, under the conditions specified, would not constitute a danger to himself or herself or others. If such application is granted, the acquittee may be permitted to leave such hospital or the custody of said commissioner temporarily, under the charge of [his] the acquittee's guardian, relatives or friends, or by himself or herself, at such times and under such conditions as the superintendent or said commissioner deems appropriate, unless the order of the board provides otherwise. The provisions of section 17a-521 not inconsistent with this section shall be applicable to temporary leaves authorized by this section. |
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| 63 | 63 | | |
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| 64 | 64 | | (b) At any time after the confinement of an acquittee in a hospital for psychiatric disabilities or the placement of an acquittee with the Commissioner of Developmental Services, the acquittee or a legal guardian or representative acting on the acquittee's behalf may apply to the board for an order of temporary release. Following receipt of the application, the board shall request the superintendent of the hospital or said commissioner to report whether such superintendent or said commissioner is of the opinion that the acquittee is a person who should be temporarily released. The report shall set forth the facts supporting the opinion. An application for temporary release under this subsection shall not be filed more than once every six months from the date of the initial board hearing held pursuant to section 17a-583. The board is not required to hold a hearing on a first application under this subsection any sooner than ninety days after the date of the initial hearing. Hearings resulting from any subsequent requests shall be held not later than sixty days after the filing date of the application. |
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| 65 | 65 | | |
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| 66 | 66 | | [(b)] (c) The board may designate any capable person or appropriate public or private agency to supervise the acquittee on temporary leave pursuant to subsection (a) of this section. Prior to any designation, the board shall notify the person or agency that the board contemplates designating to supervise the acquittee's temporary leave and provide the person or agency with an opportunity to be heard before the board. Any person or agency designated by the board to supervise the acquittee's temporary leave shall comply with such conditions as the board sets in the order for temporary leave. |
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| 67 | 67 | | |
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| 68 | 68 | | Sec. 5. (NEW) (Effective October 1, 2018) Notwithstanding any provisions of the general statutes concerning the confidentiality of records, (1) all information and media pertaining to the Department of Mental Health and Addiction Services, Connecticut Valley Hospital or the Psychiatric Security Review Board, and (2) all records and media recorded within or on the property of any such facility, in which an acquittee is present or in regard to an acquittee, shall be disclosable to counsel for the acquittee without the acquittee's consent. As used in this section, "records and media" include, but are not limited to, (A) still or electronically stored photographs, (B) security cameras or videos, (C) CDs, (D) DVDs, (E) flash drive recordings, (F) cellphones, (G) tablets, or (H) any other electronic media and storage, whether stored locally or remotely. |
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| 69 | 69 | | |
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| 70 | 70 | | Sec. 6. Subsection (a) of section 17a-458a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018): |
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| 71 | 71 | | |
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| 72 | 72 | | (a) Whenever the term "mental illness" is used or referred to in the following sections of the general statutes, the term "psychiatric disabilities" shall be substituted in lieu thereof: 17a-474, 17a-478, 17a-479, 17a-495, to 17a-508, inclusive, 17a-510 to 17a-513, inclusive, 17a-515, 17a-521, 17a-523, 17a-524, 17a-526, 17a-528, 17a-540 to 17a-543, inclusive, 17a-546, 17a-582, 17a-584, 17a-586 to 17a-588, inclusive, 17a-592, 17a-593, 17a-594 [,] and 17a-596. [and 17a-599.] |
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| 73 | 73 | | |
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| 74 | 74 | | Sec. 7. Section 17a-599 of the 2018 supplement to the general statutes is repealed. (Effective October 1, 2018) |
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| 75 | 75 | | |
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| 76 | 76 | | |
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| 77 | 77 | | |
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| 78 | 78 | | |
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| 79 | 79 | | This act shall take effect as follows and shall amend the following sections: |
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| 80 | 80 | | Section 1 October 1, 2018 17a-497 |
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| 81 | 81 | | Sec. 2 October 1, 2018 17a-584 |
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| 82 | 82 | | Sec. 3 October 1, 2018 17a-593 |
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| 83 | 83 | | Sec. 4 October 1, 2018 17a-587 |
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| 84 | 84 | | Sec. 5 October 1, 2018 New section |
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| 85 | 85 | | Sec. 6 October 1, 2018 17a-458a(a) |
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| 86 | 86 | | Sec. 7 October 1, 2018 Repealer section |
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| 87 | 87 | | |
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| 88 | 88 | | This act shall take effect as follows and shall amend the following sections: |
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| 89 | 89 | | |
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| 90 | 90 | | Section 1 |
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| 91 | 91 | | |
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| 92 | 92 | | October 1, 2018 |
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| 93 | 93 | | |
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| 94 | 94 | | 17a-497 |
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| 95 | 95 | | |
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| 96 | 96 | | Sec. 2 |
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| 97 | 97 | | |
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| 98 | 98 | | October 1, 2018 |
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| 99 | 99 | | |
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| 100 | 100 | | 17a-584 |
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| 101 | 101 | | |
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| 102 | 102 | | Sec. 3 |
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| 103 | 103 | | |
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| 104 | 104 | | October 1, 2018 |
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| 105 | 105 | | |
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| 106 | 106 | | 17a-593 |
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| 107 | 107 | | |
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| 108 | 108 | | Sec. 4 |
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| 109 | 109 | | |
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| 110 | 110 | | October 1, 2018 |
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| 111 | 111 | | |
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| 112 | 112 | | 17a-587 |
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| 113 | 113 | | |
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| 114 | 114 | | Sec. 5 |
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| 115 | 115 | | |
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| 116 | 116 | | October 1, 2018 |
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| 117 | 117 | | |
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| 118 | 118 | | New section |
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| 119 | 119 | | |
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| 120 | 120 | | Sec. 6 |
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| 121 | 121 | | |
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| 122 | 122 | | October 1, 2018 |
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| 123 | 123 | | |
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| 124 | 124 | | 17a-458a(a) |
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| 125 | 125 | | |
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| 126 | 126 | | Sec. 7 |
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| 127 | 127 | | |
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| 128 | 128 | | October 1, 2018 |
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| 129 | 129 | | |
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| 130 | 130 | | Repealer section |
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| 131 | 131 | | |
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| 132 | 132 | | Statement of Purpose: |
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| 133 | 133 | | |
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| 134 | 134 | | To amend the Psychiatric Review Board process on intra-hospital transfers and to make the commitment process conform to the psychiatric model. |
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| 135 | 135 | | |
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| 136 | 136 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.] |
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