Connecticut 2019 Regular Session

Connecticut Senate Bill SB01112 Compare Versions

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7-General Assembly Substitute Bill No. 1112
5+General Assembly Raised Bill No. 1112
86 January Session, 2019
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10+Referred to Committee on JUDICIARY
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13+Introduced by:
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1419 AN ACT CONCERNING CO MMITMENT OF A PERSON FOUND NOT
1520 GUILTY BY REASON OF MENTAL DISEASE OR DE FECT.
1621 Be it enacted by the Senate and House of Representatives in General
1722 Assembly convened:
1823
1924 Section 1. Section 17a-593 of the general statutes is repealed and the 1
2025 following is substituted in lieu thereof (Effective October 1, 2019): 2
2126 (a) The board, pursuant to section 17a-584 or 17a-592, may 3
2227 recommend to the court the discharge of the acquittee from custody or 4
2328 the acquittee may apply directly to the court for discharge from 5
2429 custody. The court shall send copies of the recommendation or 6
2530 application to the state's attorney and to counsel for the acquittee. An 7
2631 acquittee may apply for discharge not more than once every six 8
2732 months and no sooner than six months after the initial board hearing 9
2833 held pursuant to section 17a-583. 10
2934 (b) The recommendation or application shall contain the dates on 11
3035 which any prior recommendations or applications for discharge had 12
3136 been filed with the court, the dates on which decisions [thereon] on 13
32-such recommendations or applications were rendered, and a statement 14
37+such recommendations or applications were rendered, and a statement 14 Raised Bill No. 1112
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3343 of facts, including any change in circumstances since the determination 15
3444 on the most recent recommendation or application, sufficient to qualify 16
3545 the acquittee as a person who should be discharged. A 17
36-recommendation by the board shall contain findings and conclusions 18 Substitute Bill No. 1112
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46+recommendation by the board shall contain findings and conclusions 18
4347 to support the recommendation. 19
4448 (c) If reasonable cause exists to believe that the acquittee remains a 20
4549 person with psychiatric disabilities or a person with intellectual 21
4650 disability to the extent that [his] the acquittee's discharge at the 22
4751 expiration of [his] the acquittee's maximum term of commitment 23
4852 would constitute a danger to himself or herself or others or is gravely 24
49-disabled, the state's attorney [, at least one hundred thirty-five days 25
50-prior to such expiration, may petition the court for an order of 26
51-continued commitment of the acquittee] may make application for 27
52-commitment of the acquittee to a hospital for psychiatric disabilities 28
53-pursuant to part II of this chapter. 29
53+disabled, the state's attorney may make application for commitment of 25
54+the acquittee to a hospital for psychiatric disabilities pursuant to part II 26
55+of this chapter, at least one hundred thirty-five days prior to such 27
56+expiration, may petition the court for an order of continued 28
57+commitment of the acquittee. 29
5458 (d) The court shall forward any application for discharge received 30
5559 from the acquittee [and any petition for continued commitment of the 31
5660 acquittee] to the board. The board shall, within ninety days of its 32
5761 receipt of the application or petition, file a report with the court, and 33
5862 send a copy thereof to the state's attorney and counsel for the 34
5963 acquittee, setting forth its findings and conclusions as to whether the 35
6064 acquittee is a person who should be discharged. The board may hold a 36
6165 hearing or take other action appropriate to assist it in preparing its 37
6266 report. 38
6367 (e) Within ten days of receipt of a recommendation for discharge 39
6468 filed by the board under subsection (a) of this section or receipt of the 40
6569 board's report filed under subsection (d) of this section, either the 41
6670 state's attorney or counsel for the acquittee may file notice of intent to 42
6771 perform a separate examination of the acquittee. An examination 43
6872 conducted on behalf of the acquittee may be performed by a 44
6973 psychiatrist or psychologist of the acquittee's own choice and shall be 45
7074 performed at the expense of the acquittee unless [he] the acquittee is 46
71-indigent. If the acquittee is indigent, the court shall provide [him] the 47
75+indigent. If the acquittee is indigent, the court shall provide [him] the 47 Raised Bill No. 1112
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7281 acquittee with the services of a psychiatrist or psychologist to perform 48
7382 the examination at the expense of the state. Any such separate 49
7483 examination report shall be filed with the court within thirty days of 50
75-the notice of intent to perform the examination. To facilitate 51 Substitute Bill No. 1112
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84+the notice of intent to perform the examination. To facilitate 51
8285 examinations of the acquittee, the court may order [him] the acquittee 52
8386 placed in the temporary custody of any hospital for psychiatric 53
8487 disabilities or other suitable facility or placed with the Commissioner 54
8588 of Developmental Services. 55
8689 (f) After receipt of the board's report and any separate examination 56
8790 reports, the court shall promptly commence a hearing on the 57
8891 recommendation or application for discharge. [or petition for 58
8992 continued commitment.] At the hearing, the acquittee shall have the 59
9093 burden of proving by a preponderance of the evidence that the 60
9194 acquittee is a person who should be discharged. 61
9295 (g) The court shall make a finding as to the mental condition of the 62
9396 acquittee and, considering that its primary concern is the protection of 63
9497 society, make one of the following orders: (1) If the court finds that the 64
9598 acquittee is not a person who should be discharged, the court shall 65
9699 order the recommendation or application for discharge be dismissed; 66
97100 or (2) if the court finds that the acquittee is a person who should be 67
98101 discharged, the court shall order the acquittee discharged from 68
99102 custody. The court shall send a copy of such finding and order to the 69
100103 board. 70
101104 This act shall take effect as follows and shall amend the following
102105 sections:
103106
104107 Section 1 October 1, 2019 17a-593
105108
106-JUD Joint Favorable Subst.
109+Statement of Purpose:
110+To allow the state's attorney to make application for commitment of
111+certain acquittees to a hospital for psychiatric disabilities prior to the
112+acquittee's discharge at the expiration of the acquittee's maximum term
113+of commitment if the acquittee would constitute a danger to himself or
114+herself or others or is gravely disabled. Raised Bill No. 1112
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120+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
121+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
122+not underlined.]
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