Connecticut 2019 Regular Session

Connecticut Senate Bill SB01112 Compare Versions

Version 1 (Old)

Version 2 (New)

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3		-	LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-01112-R01-
4		-	SB.docx
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	3	+	LCO No. 6522 1 of 4
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7		-	General Assembly ~~Substitute~~ Bill No. 1112
	5	+	General Assembly Raised Bill No. 1112
8	6		January Session, 2019
	7	+	LCO No. 6522
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	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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14	19		AN ACT CONCERNING CO MMITMENT OF A PERSON FOUND NOT
15	20		GUILTY BY REASON OF MENTAL DISEASE OR DE FECT.
16	21		Be it enacted by the Senate and House of Representatives in General
17	22		Assembly convened:
18	23
19	24		Section 1. Section 17a-593 of the general statutes is repealed and the 1
20	25		following is substituted in lieu thereof (Effective October 1, 2019): 2
21	26		(a) The board, pursuant to section 17a-584 or 17a-592, may 3
22	27		recommend to the court the discharge of the acquittee from custody or 4
23	28		the acquittee may apply directly to the court for discharge from 5
24	29		custody. The court shall send copies of the recommendation or 6
25	30		application to the state's attorney and to counsel for the acquittee. An 7
26	31		acquittee may apply for discharge not more than once every six 8
27	32		months and no sooner than six months after the initial board hearing 9
28	33		held pursuant to section 17a-583. 10
29	34		(b) The recommendation or application shall contain the dates on 11
30	35		which any prior recommendations or applications for discharge had 12
31	36		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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	41	+	LCO No. 6522 2 of 4
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33	43		of facts, including any change in circumstances since the determination 15
34	44		on the most recent recommendation or application, sufficient to qualify 16
35	45		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
43	47		to support the recommendation. 19
44	48		(c) If reasonable cause exists to believe that the acquittee remains a 20
45	49		person with psychiatric disabilities or a person with intellectual 21
46	50		disability to the extent that [his] the acquittee's discharge at the 22
47	51		expiration of [his] the acquittee's maximum term of commitment 23
48	52		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
54	58		(d) The court shall forward any application for discharge received 30
55	59		from the acquittee [and any petition for continued commitment of the 31
56	60		acquittee] to the board. The board shall, within ninety days of its 32
57	61		receipt of the application or petition, file a report with the court, and 33
58	62		send a copy thereof to the state's attorney and counsel for the 34
59	63		acquittee, setting forth its findings and conclusions as to whether the 35
60	64		acquittee is a person who should be discharged. The board may hold a 36
61	65		hearing or take other action appropriate to assist it in preparing its 37
62	66		report. 38
63	67		(e) Within ten days of receipt of a recommendation for discharge 39
64	68		filed by the board under subsection (a) of this section or receipt of the 40
65	69		board's report filed under subsection (d) of this section, either the 41
66	70		state's attorney or counsel for the acquittee may file notice of intent to 42
67	71		perform a separate examination of the acquittee. An examination 43
68	72		conducted on behalf of the acquittee may be performed by a 44
69	73		psychiatrist or psychologist of the acquittee's own choice and shall be 45
70	74		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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	79	+	LCO No. 6522 3 of 4
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72	81		acquittee with the services of a psychiatrist or psychologist to perform 48
73	82		the examination at the expense of the state. Any such separate 49
74	83		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
82	85		examinations of the acquittee, the court may order [him] the acquittee 52
83	86		placed in the temporary custody of any hospital for psychiatric 53
84	87		disabilities or other suitable facility or placed with the Commissioner 54
85	88		of Developmental Services. 55
86	89		(f) After receipt of the board's report and any separate examination 56
87	90		reports, the court shall promptly commence a hearing on the 57
88	91		recommendation or application for discharge. [or petition for 58
89	92		continued commitment.] At the hearing, the acquittee shall have the 59
90	93		burden of proving by a preponderance of the evidence that the 60
91	94		acquittee is a person who should be discharged. 61
92	95		(g) The court shall make a finding as to the mental condition of the 62
93	96		acquittee and, considering that its primary concern is the protection of 63
94	97		society, make one of the following orders: (1) If the court finds that the 64
95	98		acquittee is not a person who should be discharged, the court shall 65
96	99		order the recommendation or application for discharge be dismissed; 66
97	100		or (2) if the court finds that the acquittee is a person who should be 67
98	101		discharged, the court shall order the acquittee discharged from 68
99	102		custody. The court shall send a copy of such finding and order to the 69
100	103		board. 70
101	104		This act shall take effect as follows and shall amend the following
102	105		sections:
103	106
104	107		Section 1 October 1, 2019 17a-593
105	108
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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	118	+	LCO No. 6522 4 of 4
	119	+
	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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