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General Assembly Substitute Bill No. 1112
January Session, 2019
AN ACT CONCERNING CO MMITMENT OF A PERSON FOUND NOT
GUILTY BY REASON OF MENTAL DISEASE OR DEFECT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 17a-593 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2019): 2
(a) The board, pursuant to section 17a-584 or 17a-592, may 3
recommend to the court the discharge of the acquittee from custody or 4
the acquittee may apply directly to the court for discharge from 5
custody. The court shall send copies of the recommendation or 6
application to the state's attorney and to counsel for the acquittee. An 7
acquittee may apply for discharge not more than once every six 8
months and no sooner than six months after the initial board hearing 9
held pursuant to section 17a-583. 10
(b) The recommendation or application shall contain the dates on 11
which any prior recommendations or applications for discharge had 12
been filed with the court, the dates on which decisions [thereon] on 13
such recommendations or applications were rendered, and a statement 14
of facts, including any change in circumstances since the determination 15
on the most recent recommendation or application, sufficient to qualify 16
the acquittee as a person who should be disc harged. A 17
recommendation by the board shall contain findings and conclusions 18 Substitute Bill No. 1112
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to support the recommendation. 19
(c) If reasonable cause exists to believe that the acquittee remains a 20
person with psychiatric disabilities or a person with intellectual 21
disability to the extent that [his] the acquittee's discharge at the 22
expiration of [his] the acquittee's maximum term of commitment 23
would constitute a danger to himself or herself or others or is gravely 24
disabled, the state's attorney [, at least one hundred thirty-five days 25
prior to such expiration, may petition the court for an order of 26
continued commitment of the acquittee] may make application for 27
commitment of the acquittee to a hospital for psychiatric disabilities 28
pursuant to part II of this chapter. 29
(d) The court shall forward any application for discharge received 30
from the acquittee [and any petition for continued commitment of the 31
acquittee] to the board. The board shall, within ninety days of its 32
receipt of the application or petition, file a report with the court, and 33
send a copy thereof to the state's attorney and counsel for the 34
acquittee, setting forth its findings and conclusions as to whether the 35
acquittee is a person who should be discharged. The board may hold a 36
hearing or take other action appropriate to assist it in preparing its 37
report. 38
(e) Within ten days of receipt of a recommendation for discharge 39
filed by the board under subsection (a) of this section or receipt of the 40
board's report filed under subsection (d) of this section, either the 41
state's attorney or counsel for the acquittee may file notice of intent to 42
perform a separate examination of the acquittee. An examination 43
conducted on behalf of the acquittee may be performed by a 44
psychiatrist or psychologist of the acquittee's own choice and shall be 45
performed at the expense of the acquittee unless [he] the acquittee is 46
indigent. If the acquittee is indigent, the court shall provide [him] the 47
acquittee with the services of a psychiatrist or psychologist to perform 48
the examination at the expense of the state. Any such separate 49
examination report shall be filed with the court within thirty days of 50
the notice of intent to perform the examination. To facilitate 51 Substitute Bill No. 1112
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examinations of the acquittee, the court may order [him] the acquittee 52
placed in the temporary custody of any hospital for psychiatric 53
disabilities or other suitable facility or placed with the Commissioner 54
of Developmental Services. 55
(f) After receipt of the board's report and any separate examination 56
reports, the court shall promptly commence a hearing on the 57
recommendation or application for discharge. [or petition for 58
continued commitment.] At the hearing, the acquittee shall have the 59
burden of proving by a preponderance of the evidence that the 60
acquittee is a person who should be discharged. 61
(g) The court shall make a finding as to the mental condition of the 62
acquittee and, considering that its primary concern is the protection of 63
society, make one of the following orders: (1) If the court finds that the 64
acquittee is not a person who should be discharged, the court shall 65
order the recommendation or application for discharge be dismissed; 66
or (2) if the court finds that the acquittee is a person who should be 67
discharged, the court shall order the acquittee discharged from 68
custody. The court shall send a copy of such finding and order to the 69
board. 70
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 17a-593
JUD Joint Favorable Subst.