Connecticut 2020 Regular Session

Connecticut Senate Bill SB00316 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 2157 1 of 3
4	4
5	5	General Assembly Raised Bill No. 316
6	6	February Session, 2020
7	7	LCO No. 2157
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
15	15
16	16
17	17
18	18
19	19	AN ACT CONCERNING CO MMITMENT OF A PERSON FOUND NOT
20	20	GUILTY BY REASON OF MENTAL DISEASE OR DEFECT.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 17a-593 of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective October 1, 2020): 2
26	26	(a) The board, pursuant to section 17a-584 or 17a-592, may 3
27	27	recommend to the court the discharge of the acquittee from custody or 4
28	28	the acquittee may apply directly to the court for discharge from custody. 5
29	29	The court shall send copies of the recommendation or application to the 6
30	30	state's attorney and to counsel for the acquittee. An acquittee may apply 7
31	31	for discharge not more than once every six months and no sooner than 8
32	32	six months after the initial board hearing held pursuant to section 17a-9
33	33	583. 10
34	34	(b) The recommendation or application shall contain the dates on 11
35	35	which any prior recommendations or applications for discharge had 12
36	36	been filed with the court, the dates on which decisions [thereon] on such 13
37	37	recommendations or applications were rendered, and a statement of 14
38	38	facts, including any change in circumstances since the determination on 15 Raised Bill No. 316
39	39
40	40
41	41
42	42	LCO No. 2157 2 of 3
43	43
44	44	the most recent recommendation or application, sufficient to qualify the 16
45	45	acquittee as a person who should be discharged. A recommendation by 17
46	46	the board shall contain findings and conclusions to support the 18
47	47	recommendation. 19
48	48	(c) If reasonable cause exists to believe that the acquittee remains a 20
49	49	person with psychiatric disabilities or a person with intellectual 21
50	50	disability to the extent that [his] the acquittee's discharge at the 22
51	51	expiration of [his] the acquittee's maximum term of commitment would 23
52	52	constitute a danger to himself or herself or others or is gravely disabled, 24
53	53	the state's attorney [, at least one hundred thirty-five days prior to such 25
54	54	expiration, may petition the court for an order of continued 26
55	55	commitment of the acquittee] may make application for commitment of 27
56	56	the acquittee to a hospital for psychiatric disabilities pursuant to part II 28
57	57	of this chapter. 29
58	58	(d) The court shall forward any application for discharge received 30
59	59	from the acquittee [and any petition for continued commitment of the 31
60	60	acquittee] to the board. The board shall, within ninety days of its receipt 32
61	61	of the application or petition, file a report with the court, and send a 33
62	62	copy thereof to the state's attorney and counsel for the acquittee, setting 34
63	63	forth its findings and conclusions as to whether the acquittee is a person 35
64	64	who should be discharged. The board may hold a hearing or take other 36
65	65	action appropriate to assist it in preparing its report. 37
66	66	(e) Within ten days of receipt of a recommendation for discharge filed 38
67	67	by the board under subsection (a) of this section or receipt of the board's 39
68	68	report filed under subsection (d) of this section, either the state's 40
69	69	attorney or counsel for the acquittee may file notice of intent to perform 41
70	70	a separate examination of the acquittee. An examination conducted on 42
71	71	behalf of the acquittee may be performed by a psychiatrist or 43
72	72	psychologist of the acquittee's own choice and shall be performed at the 44
73	73	expense of the acquittee unless [he] the acquittee is indigent. If the 45
74	74	acquittee is indigent, the court shall provide [him] the acquittee with the 46
75	75	services of a psychiatrist or psychologist to perform the examination at 47
76	76	the expense of the state. Any such separate examination report shall be 48 Raised Bill No. 316
77	77
78	78
79	79
80	80	LCO No. 2157 3 of 3
81	81
82	82	filed with the court within thirty days of the notice of intent to perform 49
83	83	the examination. To facilitate examinations of the acquittee, the court 50
84	84	may order [him] the acquittee placed in the temporary custody of any 51
85	85	hospital for psychiatric disabilities or other suitable facility or placed 52
86	86	with the Commissioner of Developmental Services. 53
87	87	(f) After receipt of the board's report and any separate examination 54
88	88	reports, the court shall promptly commence a hearing on the 55
89	89	recommendation or application for discharge. [or petition for continued 56
90	90	commitment.] At the hearing, the acquittee shall have the burden of 57
91	91	proving by a preponderance of the evidence that the acquittee is a 58
92	92	person who should be discharged. 59
93	93	(g) The court shall make a finding as to the mental condition of the 60
94	94	acquittee and, considering that its primary concern is the protection of 61
95	95	society, make one of the following orders: (1) If the court finds that the 62
96	96	acquittee is not a person who should be discharged, the court shall order 63
97	97	the recommendation or application for discharge be dismissed; or (2) if 64
98	98	the court finds that the acquittee is a person who should be discharged, 65
99	99	the court shall order the acquittee discharged from custody. The court 66
100	100	shall send a copy of such finding and order to the board. 67
101	101	This act shall take effect as follows and shall amend the following
102	102	sections:
103	103
104	104	Section 1 October 1, 2020 17a-593
105	105
106	106	Statement of Purpose:
107	107	To allow the state's attorney to make application for commitment of
108	108	certain acquittees to a hospital for psychiatric disabilities prior to the
109	109	acquittee's discharge at the expiration of the acquittee's maximum term
110	110	of commitment if the acquittee would constitute a danger to himself or
111	111	herself or others or is gravely disabled.
112	112	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
113	113	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
114	114	underlined.]
115	115