10 | 15 | | |
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11 | 16 | | |
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12 | 17 | | |
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13 | 18 | | |
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14 | 19 | | AN ACT CONCERNING CO MMITMENT OF A PERSON FOUND NOT |
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15 | 20 | | GUILTY BY REASON OF MENTAL DISEASE OR DE FECT. |
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16 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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17 | 22 | | Assembly convened: |
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18 | 23 | | |
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19 | 24 | | Section 1. Section 17a-593 of the general statutes is repealed and the 1 |
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20 | 25 | | following is substituted in lieu thereof (Effective October 1, 2019): 2 |
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21 | 26 | | (a) The board, pursuant to section 17a-584 or 17a-592, may 3 |
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22 | 27 | | recommend to the court the discharge of the acquittee from custody or 4 |
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23 | 28 | | the acquittee may apply directly to the court for discharge from 5 |
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24 | 29 | | custody. The court shall send copies of the recommendation or 6 |
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25 | 30 | | application to the state's attorney and to counsel for the acquittee. An 7 |
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26 | 31 | | acquittee may apply for discharge not more than once every six 8 |
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27 | 32 | | months and no sooner than six months after the initial board hearing 9 |
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28 | 33 | | held pursuant to section 17a-583. 10 |
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29 | 34 | | (b) The recommendation or application shall contain the dates on 11 |
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30 | 35 | | which any prior recommendations or applications for discharge had 12 |
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31 | 36 | | been filed with the court, the dates on which decisions [thereon] on 13 |
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49 | | - | disabled, the state's attorney [, at least one hundred thirty-five days 25 |
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50 | | - | prior to such expiration, may petition the court for an order of 26 |
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51 | | - | continued commitment of the acquittee] may make application for 27 |
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52 | | - | commitment of the acquittee to a hospital for psychiatric disabilities 28 |
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53 | | - | pursuant to part II of this chapter. 29 |
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| 53 | + | disabled, the state's attorney may make application for commitment of 25 |
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| 54 | + | the acquittee to a hospital for psychiatric disabilities pursuant to part II 26 |
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| 55 | + | of this chapter, at least one hundred thirty-five days prior to such 27 |
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| 56 | + | expiration, may petition the court for an order of continued 28 |
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| 57 | + | commitment of the acquittee. 29 |
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54 | 58 | | (d) The court shall forward any application for discharge received 30 |
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55 | 59 | | from the acquittee [and any petition for continued commitment of the 31 |
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56 | 60 | | acquittee] to the board. The board shall, within ninety days of its 32 |
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57 | 61 | | receipt of the application or petition, file a report with the court, and 33 |
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58 | 62 | | send a copy thereof to the state's attorney and counsel for the 34 |
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59 | 63 | | acquittee, setting forth its findings and conclusions as to whether the 35 |
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60 | 64 | | acquittee is a person who should be discharged. The board may hold a 36 |
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61 | 65 | | hearing or take other action appropriate to assist it in preparing its 37 |
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62 | 66 | | report. 38 |
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63 | 67 | | (e) Within ten days of receipt of a recommendation for discharge 39 |
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64 | 68 | | filed by the board under subsection (a) of this section or receipt of the 40 |
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65 | 69 | | board's report filed under subsection (d) of this section, either the 41 |
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66 | 70 | | state's attorney or counsel for the acquittee may file notice of intent to 42 |
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67 | 71 | | perform a separate examination of the acquittee. An examination 43 |
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68 | 72 | | conducted on behalf of the acquittee may be performed by a 44 |
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69 | 73 | | psychiatrist or psychologist of the acquittee's own choice and shall be 45 |
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70 | 74 | | performed at the expense of the acquittee unless [he] the acquittee is 46 |
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82 | 85 | | examinations of the acquittee, the court may order [him] the acquittee 52 |
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83 | 86 | | placed in the temporary custody of any hospital for psychiatric 53 |
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84 | 87 | | disabilities or other suitable facility or placed with the Commissioner 54 |
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85 | 88 | | of Developmental Services. 55 |
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86 | 89 | | (f) After receipt of the board's report and any separate examination 56 |
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87 | 90 | | reports, the court shall promptly commence a hearing on the 57 |
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88 | 91 | | recommendation or application for discharge. [or petition for 58 |
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89 | 92 | | continued commitment.] At the hearing, the acquittee shall have the 59 |
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90 | 93 | | burden of proving by a preponderance of the evidence that the 60 |
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91 | 94 | | acquittee is a person who should be discharged. 61 |
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92 | 95 | | (g) The court shall make a finding as to the mental condition of the 62 |
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93 | 96 | | acquittee and, considering that its primary concern is the protection of 63 |
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94 | 97 | | society, make one of the following orders: (1) If the court finds that the 64 |
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95 | 98 | | acquittee is not a person who should be discharged, the court shall 65 |
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96 | 99 | | order the recommendation or application for discharge be dismissed; 66 |
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97 | 100 | | or (2) if the court finds that the acquittee is a person who should be 67 |
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98 | 101 | | discharged, the court shall order the acquittee discharged from 68 |
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99 | 102 | | custody. The court shall send a copy of such finding and order to the 69 |
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100 | 103 | | board. 70 |
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101 | 104 | | This act shall take effect as follows and shall amend the following |
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102 | 105 | | sections: |
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103 | 106 | | |
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104 | 107 | | Section 1 October 1, 2019 17a-593 |
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105 | 108 | | |
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106 | | - | JUD Joint Favorable Subst. |
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| 109 | + | Statement of Purpose: |
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| 110 | + | To allow the state's attorney to make application for commitment of |
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| 111 | + | certain acquittees to a hospital for psychiatric disabilities prior to the |
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| 112 | + | acquittee's discharge at the expiration of the acquittee's maximum term |
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| 113 | + | of commitment if the acquittee would constitute a danger to himself or |
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| 114 | + | herself or others or is gravely disabled. Raised Bill No. 1112 |
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| 115 | + | |
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| 116 | + | |
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| 117 | + | |
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| 118 | + | LCO No. 6522 4 of 4 |
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| 119 | + | |
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| 120 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, |
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| 121 | + | except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is |
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| 122 | + | not underlined.] |
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