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General Assembly Substitute Bill No. 939
January Session, 2019
AN ACT CONCERNING PS YCHIATRIC COMMITMENT EVALUATIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17a-498 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) Upon an application being filed in the Probate Court pursuant to 3
the Probate Court's jurisdiction under section 17a-497, as amended by 4
this act, such court shall assign a time, not later than ten business days 5
after the date the application was filed, and a place for hearing such 6
application, and shall cause reasonable notice of such hearing to be 7
given to the respondent and to such relative or relatives and friends as 8
the court deems advisable. The notice shall inform the respondent that 9
he or she has a right to be present at the hearing; that he or she has a 10
right to counsel; that he or she, if indigent, has a right to have counsel 11
appointed to represent him or her; and that he or she has a right to 12
cross-examine witnesses testifying at any hearing upon such 13
application. 14
(b) (1) If the court finds such respondent is indigent or otherwise 15
unable to pay for counsel, the court shall appoint counsel for such 16
respondent, unless such respondent refuses counsel and the court 17
finds that the respondent understands the nature of his or her refusal. 18
The court shall provide such respondent a reasonable opportunity to 19 Substitute Bill No. 939
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select his or her own counsel to be appointed by the court. If the 20
respondent does not select counsel or if counsel selected by the 21
respondent refuses to represent such respondent or is not available for 22
such representation, the court shall appoint counsel for the respondent 23
from a panel of attorneys admitted to practice in this state provided by 24
the Probate Court Administrator in accordance with regulations 25
promulgated by the Probate Court Administrator in accordance with 26
section 45a-77. The reasonable compensation of appointed counsel 27
shall be established by, and paid from funds appropriated to, the 28
Judicial Department, except that if funds have not been included in the 29
budget of the Judicial Department for such purposes, such 30
compensation shall be established by the Probate Court Administrator 31
and paid from the Probate Court Administration Fund. 32
(2) Prior to such hearing, such respondent or his or her counsel, in 33
accordance with the provisions of sections 52-146d to 52-146i, 34
inclusive, shall be afforded access to all records including, but not 35
limited to, hospital records if such respondent is hospitalized, and 36
shall be entitled to take notes from any of such records. If such 37
respondent is hospitalized at the time of the hearing, the hospital shall 38
make available at such hearing for use by such hospitalized 39
respondent or his or her counsel all records in its possession relating to 40
the condition of such hospitalized respondent. Notwithstanding the 41
provisions of sections 52-146d to 52-146i, inclusive, and subject to the 42
rules of evidence as provided in subsection (h) of this section, all such 43
hospital records directly relating to the hospitalized respondent shall 44
be admissible at the request of any party or the Probate Court in any 45
proceeding relating to confinement to or release from a hospital for 46
psychiatric disabilities. 47
(c) (1) The court shall require [the certificates] a certificate, signed 48
under penalty of false statement, of [at least two impartial physicians] 49
an impartial psychiatrist selected by the court, [one of whom] who 50
[shall be a practicing psychiatrist, and each of whom shall be] is 51
licensed to practice medicine in the state of Connecticut and shall have 52 Substitute Bill No. 939
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been a practitioner of medicine for at least one year and shall not be 53
connected with the hospital for psychiatric disabilities to which the 54
application is being made, or related by blood or marriage to the 55
applicant [,] or [to the] respondent. [Such certificates] The certificate 56
shall indicate that the [physicians have] psychiatrist has personally 57
examined the respondent not more than ten days prior to such 58
hearing. The court shall appoint [such physicians] the psychiatrist 59
from a list of [physicians and] psychiatrists provided by the 60
Commissioner of Mental Health and Addiction Services and such 61
[appointments] appointment shall be made in accordance with 62
regulations promulgated by the Probate Court Administrator in 63
accordance with section 45a-77. [Each such physician] The psychiatrist 64
shall make a report on a separate form provided for that purpose by 65
the Probate Court Administrator and shall answer such questions as 66
may be set forth on such form as fully and completely as reasonably 67
possible. Such form shall include, but not be limited to, questions 68
relating to the specific psychiatric disabilities alleged, whether or not 69
the respondent is dangerous to himself or herself or others, whether or 70
not such illness has resulted or will result in serious disruption of the 71
respondent's mental and behavioral functioning, whether or not 72
hospital treatment is both necessary and available, whether or not less 73
restrictive placement is recommended and available and whether or 74
not the respondent is incapable of understanding the need to accept 75
the recommended treatment on a voluntary basis. [Each such 76
physician] The psychiatrist shall state upon the form the reasons for 77
his or her opinions. Such respondent or his or her counsel shall have 78
the right to present evidence and cross-examine witnesses who testify 79
at any hearing on the application. If such respondent notifies the court 80
not less than three days before the hearing that he or she wishes to 81
cross-examine the examining [physicians] psychiatrist, the court shall 82
order [such physicians] the psychiatrist to appear. 83
(2) The court shall cause a recording of the testimony of such 84
hearing to be made, to be transcribed only in the event of an appeal 85
from the decree rendered under this section. A copy of such transcript 86 Substitute Bill No. 939
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shall be furnished without charge to any appellant whom the Probate 87
Court finds unable to pay for such copy. The cost of such transcript 88
shall be paid from funds appropriated to the Judicial Department. 89
(3) If the court finds by clear and convincing evidence that the 90
respondent has psychiatric disabilities and is dangerous to himself or 91
herself or others or gravely disabled, the court shall make an order for 92
his or her commitment, considering whether or not a less restrictive 93
placement is available, to a hospital for psychiatric disabilities to be 94
named in such order, there to be confined for the period of the 95
duration of such psychiatric disabilities or until he or she is discharged 96
or converted to voluntary status pursuant to section 17a-506 in due 97
course of law. Such court order shall further command some suitable 98
person to convey such person to such hospital for psychiatric 99
disabilities and deliver him or her, with a copy of such order and of 100
such [certificates] certificate, to the keeper thereof. In appointing a 101
person to execute such order, the court shall give preference to a near 102
relative or friend of the person with psychiatric disabilities, so far as 103
the court deems it practicable and judicious. Notice of any action taken 104
by the court shall be given to the respondent and his or her attorney, if 105
any, in such manner as the court concludes would be appropriate 106
under the circumstances. 107
(d) If the respondent refuses to be examined by the court-appointed 108
[physicians] psychiatrist as provided in subsection (c) of this section, 109
the court may issue a warrant for the apprehension of the respondent 110
and a police officer for the town in which such court is located or if 111
there is no such police officer then the state police shall deliver the 112
respondent to a general hospital where the respondent shall be 113
examined by [two physicians, one of whom shall be a practicing] a 114
psychiatrist, in accordance with subsection (c) of this section. If as a 115
result of such examination, the respondent is committed under section 116
17a-502, transportation of the respondent to any such hospital, if such 117
respondent is a female, shall be in accordance with the provisions of 118
section 17a-505. If the respondent is not committed under section 17a-119 Substitute Bill No. 939
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502, the respondent shall be released and the [reports of such 120
physicians] certificate of the psychiatrist shall be sent to the Probate 121
Court to satisfy the requirement of examination by [two physicians] a 122
psychiatrist under subsection (c) of this section. 123
(e) The respondent shall be given the opportunity to elect voluntary 124
status under section 17a-506 at any time prior to adjudication of the 125
application, subject to the following provisions: (1) In the event that a 126
patient is in the hospital, the patient shall be informed by a member of 127
the hospital staff within twenty-four hours prior to the time an 128
application is filed with the court, that he or she may continue in the 129
hospital on a voluntary basis under the provisions of section 17a-506, 130
and any application for involuntary commitment by the hospital shall 131
include a statement that such voluntary status has been offered to the 132
respondent and refused, and (2) in the event that a respondent is not 133
hospitalized, the notice of hearing shall inform the respondent that the 134
respondent has the right to enter the hospital on a voluntary basis 135
under the provisions of section 17a-506, and, if the respondent enters 136
the hospital under section 17a-506, the application for involuntary 137
commitment shall be withdrawn. When any patient who has elected 138
voluntary status following the filing of an application but prior to 139
adjudication in any proceeding for involuntary commitment thereafter 140
notifies the hospital that he or she wants to be released, a new 141
application for involuntary commitment may be filed. If such new 142
application is filed not later than forty-five days after the patient's 143
election of voluntary status on a prior application, the application for 144
involuntary commitment may, at the discretion of the judge, be heard 145
on the merits, notwithstanding the patient's subsequent request to 146
remain a voluntary patient under the provisions of section 17a-506. 147
Notwithstanding the provisions of sections 17a-29, 17a-540, 17a-543, 148
17a-544, subsection (f) of section 17a-547 and section 17a-548, if a 149
patient under section 17a-506 refuses to accept medication or treatment 150
in accordance with the treatment plan prescribed by the attending 151
physician and such patient is imminently dangerous to himself or 152
others, an application for involuntary commitment may be filed for 153 Substitute Bill No. 939
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such patient in accordance with the provisions of this section. 154
(f) The respondent shall be present at any hearing for his or her 155
commitment under this section. If the respondent is medicated at that 156
time, the hospital shall provide written notice to the court of such fact 157
and of the common effects of such medication. 158
(g) The hospital shall notify each patient at least annually that such 159
patient has a right to a further hearing pursuant to this section. If the 160
patient requests such hearing, it shall be held by the Probate Court for 161
the district in which the hospital is located. Any such request shall be 162
immediately filed with the appropriate court by the hospital. After 163
such request is filed with the Probate Court, it shall proceed in the 164
manner provided in subsections (a), (b), (c) and (f) of this section. In 165
addition, the hospital shall furnish the Probate Court for the district in 166
which the hospital is located on a monthly basis with a list of all 167
patients confined in the hospital involuntarily without release for one 168
year since the last annual review under this section of the patient's 169
commitment or since the original commitment. The hospital shall 170
include in such notification the type of review the patient last received. 171
If the patient's last annual review had a hearing, the Probate Court 172
shall, within fifteen business days thereafter, appoint an impartial 173
[physician who is a] psychiatrist from the list provided by the 174
Commissioner of Mental Health and Addiction Services as set forth in 175
subsection (c) of this section and not connected with the hospital in 176
which the patient is confined or related by blood or marriage to the 177
original applicant or to the respondent, which [physician] psychiatrist 178
shall see and examine each such patient within fifteen business days 179
after such [physician's] psychiatrist's appointment and make a report 180
forthwith to such court of the condition of the patient on forms 181
provided by the Probate Court Administrator. If the Probate Court 182
concludes that the confinement of any such patient should be reviewed 183
by such court for possible release of the patient, the court, on its own 184
motion, shall proceed in the manner provided in subsections (a), (b), 185
(c) and (f) of this section. [, except that the examining physician shall 186 Substitute Bill No. 939
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be considered one of the physicians required by] The psychiatrist's 187
report shall satisfy the requirement for a report under subsection (c) of 188
this section. If the patient's last annual review did not result in a 189
hearing, and in any event at least every two years, the Probate Court 190
shall, within fifteen business days, proceed with a hearing in the 191
manner provided in subsections (a), (b), (c) and (f) of this section. All 192
costs and expenses [, including Probate Court entry fees provided by 193
statute,] in conjunction with the annual psychiatric review and the 194
judicial review under this subsection, except costs for [physicians] a 195
psychiatrist appointed pursuant to this subsection, shall be established 196
by, and paid from funds appropriated to, the Judicial Department, 197
except that if funds have not been included in the budget of the 198
Judicial Department for such costs and expenses, such payment shall 199
be made from the Probate Court Administration Fund. Compensation 200
of any [physician] psychiatrist appointed to conduct the annual 201
psychiatric review, to examine a patient for any hearing held as a 202
result of such annual review or for any other biennial hearing required 203
pursuant to sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, 204
inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 205
17a-560 to 17a-575, inclusive, and 17a-615 to 17a-618, inclusive, shall be 206
paid by the state from funds appropriated to the Department of Mental 207
Health and Addiction Services in accordance with rates established by 208
the Department of Mental Health and Addiction Services. 209
(h) The rules of evidence applicable to civil matters in the Superior 210
Court shall apply to hearings under this section. 211
Sec. 2. Section 17a-77 of the general statutes is repealed and the 212
following is substituted in lieu thereof (Effective July 1, 2019): 213
(a) Upon receipt of such application, the court shall assign a time for 214
the hearing, not later than ten business days after such receipt, unless 215
such application has been transferred in accordance with section 17a-216
76, as amended by this act, in which event such hearing shall be held 217
by the Superior Court within ten business days of receipt of such 218
application. The court hearing the matter shall further assign a place 219 Substitute Bill No. 939
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for hearing such application and shall cause reasonable notice thereof 220
to be given to the child, his or her parents and the hospital for mental 221
illness named in such application and to such relatives and others as it 222
deems advisable. The notice shall inform the child (1) that he or she 223
has a right to be present at the hearing; (2) that he or she has a right to 224
present evidence and to cross-examine witnesses testifying at any 225
hearing upon such application; (3) that the court has appointed an 226
attorney to represent him or her, and the name, address and telephone 227
number of such attorney. Counsel appointed to represent such child 228
shall also be appointed guardian ad litem for such child unless the 229
court deems it appropriate to appoint a separate guardian ad litem. 230
The fees for counsel appointed to represent the child shall be paid by 231
the parents or guardian or the estate of such child. The notice to the 232
child's parents or legal guardian shall inform them that (A) they have 233
the right to be present at the hearing; (B) they have the right to present 234
evidence and to cross-examine witnesses testifying at the hearing upon 235
such application; and (C) they may be represented by an attorney and 236
if they cannot afford an attorney, that the court shall appoint an 237
attorney to represent them. The notice to the hospital for mental illness 238
of children shall inform such hospital of the time and place of the 239
hearing, and request that if such hospital is unable to admit such child, 240
it shall so inform the court immediately. Prior to such hearing, counsel 241
for the child and counsel for the parents, respectively, in accordance 242
with the provisions of section 52-146e, shall be afforded access to all 243
records including, without limitation, hospital records if such child is 244
hospitalized, and shall be entitled to take notes therefrom. If such child 245
is hospitalized at the time of any hearing held under this section, the 246
hospital shall make available at such hearing for use by the court or his 247
or her counsel and by counsel for the parents all records in its 248
possession relating to the child's need for hospitalization. The 249
reasonable compensation of counsel appointed under the provisions of 250
this section for persons who are indigent or otherwise unable to pay 251
shall be established by, and paid from funds appropriated to, the 252
Judicial Department, however, if funds have not been included in the 253
budget of the Judicial Department for such purposes, such 254 Substitute Bill No. 939
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compensation shall be established by the Probate Court Administrator 255
and paid from the Probate Court Administration Fund. 256
(b) The court hearing the matter shall require a sworn certificate 257
from [at least two impartial physicians] a psychiatrist selected by the 258
court. [, one of whom shall be a physician specializing in psychiatry. 259
Both physicians] The psychiatrist shall be licensed to practice medicine 260
in this state, [and] shall have practiced medicine for at least one year 261
and shall not be connected to the hospital to which the petition is being 262
made or related by blood or marriage to the petitioner or the child. All 263
appointments shall be made in accordance with procedures adopted 264
by the Judicial Department. If such [appointments have] appointment 265
has not already been made for a case transferred from the Probate 266
Court to the Superior Court under subsections (b) and (c) of section 267
17a-76, then [such physicians] the psychiatrist shall be appointed as 268
soon as reasonably possible by the [superior court to which such 269
matter has been transferred. Each physician] Superior Court. The 270
psychiatrist shall make a report on a [separate] form adopted for such 271
purpose by the Probate Court Administrator or the Superior Court. 272
The [certificates] certificate shall include a statement from [each 273
physician] the psychiatrist that he or she has personally examined such 274
child within ten days of the hearing. The charges for [such physicians] 275
the psychiatrist shall be established by the Judicial Department and 276
shall be paid in accordance with section 17a-82. 277
(c) If the child refuses to be examined by the court-appointed 278
[physicians as herein provided] psychiatrist, the court may issue a 279
warrant for the apprehension of the child and a police officer for the 280
town in which such court is located or if there is no such police officer 281
then the state police shall deliver the child to a general hospital where 282
the child shall be examined by [two physicians one of whom shall be] a 283
psychiatrist, in accordance with subsection (b) of this section. If, as a 284
result of such examination, the child is committed under subsection (e) 285
of this section, transportation of the child to any such hospital shall be 286
in accordance with said subsection (e). If the child is not committed 287 Substitute Bill No. 939
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under subsection (e) of this section, he or she shall be released and the 288
[reports of such physicians] certificate of the psychiatrist shall be sent 289
to the [Court of] Probate Court to satisfy the requirement of 290
examination [of two physicians] by a psychiatrist under subsection (b) 291
of this section. 292
(d) The child shall be present at any hearing for his or her 293
commitment under the provisions of this section, provided the court 294
may exclude him or her from such portions of the hearing at which 295
testimony is given which the court determines would be seriously 296
detrimental to his or her emotional or mental condition. If the child is 297
medicated at that time, a representative from the hospital shall inform 298
the court of such fact and of the common effects of such medication. At 299
the request of counsel for such child or if in the opinion of [at least one 300
physician] the court-appointed psychiatrist the child could be a danger 301
to himself or herself or others or it would be detrimental to the child's 302
health and welfare to travel to the court facility hearing the 303
application, then such hearing shall be held at the hospital in which the 304
child is hospitalized. In that event, such hospital shall provide 305
adequate facilities for such hearing. All interested parties shall have 306
the right to present evidence and cross-examine witnesses who testify 307
at any hearing on the application. 308
(e) If, after such hearing, the court finds by clear and convincing 309
evidence that the child suffers from a mental disorder, is in need of 310
hospitalization for treatment, and such treatment is available, and such 311
hospitalization is the least restrictive available alternative, it shall make 312
an order for his or her commitment for a definite period not to exceed 313
six months to a hospital for mental illness of children to be named in 314
such order. Unless already hospitalized, such order shall direct some 315
suitable person to convey the child to such hospital together with a 316
copy of such order. In appointing a person to execute such order, the 317
court shall give preference to a near relative or friend of the child, so 318
far as it deems practicable and judicious. All costs for transportation 319
shall be paid in accordance with section 17a-82. Such hospital shall 320 Substitute Bill No. 939
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release the child when it concludes that he or she is no longer in need 321
of hospitalization. 322
(f) Any child who has been committed by any court to a hospital for 323
mental illness of children may be transferred to any other hospital for 324
mental illness of children upon agreement of the superintendents of 325
the respective institutions from and to which it is desired to make such 326
transfer. Such agreement shall be in writing, executed in triplicate and 327
in accordance with a form prescribed by the Attorney General, which 328
form shall be uniform throughout the state. One copy of such 329
agreement shall be filed for record in the court by which such person 330
was committed and one copy retained in the files of each of the 331
institutions participating in such transfer. Any such agreement shall 332
have the same effect as an order of the court committing the person 333
named in such order. No such transfer shall be made until the parent 334
or representative of the child has received written notification. The 335
parent of any child so transferred, or his or her next friend, may make 336
application to the court which made the order of commitment, for a 337
revocation or modification of such agreement, and such court shall 338
order such notice of the time and place of hearing on such application 339
as it finds reasonable and upon such hearing may revoke, modify or 340
affirm such transfer. Such application shall act as a stay of any such 341
order of transfer. Such hospital shall release the child when it 342
concludes that he or she is no longer in need of hospitalization. 343
(g) No later than ten days prior to the expiration of the period of 344
commitment, or prior to the expiration of any period of recommitment 345
under the provisions of sections 17a-75 to 17a-83, inclusive, an 346
application for recommitment may be brought by any person to the 347
court which heard the original application. Such application shall be 348
brought in conformity with the provisions of this section and section 349
17a-76, as amended by this act, and may result in a further 350
commitment for a definite period not to exceed six months. In the 351
event such an application is filed, the original commitment or 352
recommitment order shall be extended for a sufficient time to hold a 353 Substitute Bill No. 939
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hearing under this section and section 17a-76, as amended by this act, 354
but in no event for more than twenty days beyond the expiration of the 355
original commitment or recommitment. All fees and expenses incurred 356
upon proceedings required by this section shall be payable as provided 357
in section 17a-82. 358
Sec. 3. Subsection (d) of section 17a-76 of the general statutes is 359
repealed and the following is substituted in lieu thereof (Effective July 360
1, 2019): 361
(d) The Probate Court shall appoint an attorney for such child from 362
the panel of attorneys established by subsection (b) of section 17a-498, 363
as amended by this act, on the next business day after receipt of the 364
application, and as soon as reasonably possible shall appoint 365
[physicians] a psychiatrist as required under section 17a-77, as 366
amended by this act, which appointments shall remain in full force 367
and effect notwithstanding the fact that the matter has been transferred 368
to the Superior Court. 369
Sec. 4. Subsection (a) of section 17a-497 of the general statutes is 370
repealed and the following is substituted in lieu thereof (Effective July 371
1, 2019): 372
(a) The jurisdiction of the commitment of a person with psychiatric 373
disabilities to a hospital for psychiatric disabilities shall be vested in 374
the Probate Court for the district in which such person resides or, 375
when his or her place of residence is out of the state or unknown, in 376
which he or she may be at the time of filing the application, except in 377
cases where it is otherwise expressly provided by law. In any case in 378
which the person is hospitalized in accordance with the provisions of 379
sections 17a-498, as amended by this act, 17a-502 or 17a-506, and an 380
application for the commitment of such person is filed in accordance 381
with the provisions of said sections, the jurisdiction shall be vested in 382
the Probate Court for the district in which the hospital where such 383
person is a patient is located. In the event that an application has been 384
previously filed in another Probate Court with respect to the same 385 Substitute Bill No. 939
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confinement, no further action shall be taken on such prior application. 386
If the respondent is confined to a hospital, notwithstanding the 387
provisions of section 45a-7, the probate judge from the district where 388
the application was filed shall hold the hearing on such commitment at 389
the hospital where such person is confined, if in the opinion of [at least 390
one of the physicians] the psychiatrist appointed by the court to 391
examine him, it would be detrimental to the health and welfare of the 392
respondent to travel to the Probate Court where the application was 393
filed or if it could be dangerous to the respondent or others for him to 394
travel to such court. The Probate Court shall exercise such jurisdiction 395
only upon written application alleging in substance that such person 396
has psychiatric disabilities and is dangerous to himself or herself or 397
others or gravely disabled. Such application may be filed by any 398
person and, if any person with psychiatric disabilities is at large and 399
dangerous to the community, the first selectman or chief executive 400
officer of the town in which he or she resides or in which he or she is at 401
large shall make such application. 402
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 17a-498
Sec. 2 July 1, 2019 17a-77
Sec. 3 July 1, 2019 17a-76(d)
Sec. 4 July 1, 2019 17a-497(a)
Statement of Legislative Commissioners:
Sections 3 and 4 were added to the bill to make conforming changes
for consistency with the provisions of sections 1 and 2 of the bill.
JUD Joint Favorable Subst.