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General Assembly Raised Bill No. 316
February Session, 2020
LCO No. 2157
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
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 Section 17a-593 of the general statutes is repealed and the 1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, 2020): 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 custody. 5
The court shall send copies of the recommendation or application to the 6
state's attorney and to counsel for the acquittee. An acquittee may apply 7
for discharge not more than once every six months and no sooner than 8
six months after the initial board hearing held pursuant to section 17a-9
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 such 13
recommendations or applications were rendered, and a statement of 14
facts, including any change in circumstances since the determination on 15 Raised Bill No. 316
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the most recent recommendation or application, sufficient to qualify the 16
acquittee as a person who should be discharged. A recommendation by 17
the board shall contain findings and conclusions to support the 18
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 would 23
constitute a danger to himself or herself or others or is gravely disabled, 24
the state's attorney [, at least one hundred thirty-five days prior to such 25
expiration, may petition the court for an order of continued 26
commitment of the acquittee] may make application for commitment of 27
the acquittee to a hospital for psychiatric disabilities pursuant to part II 28
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 receipt 32
of the application or petition, file a report with the court, and send a 33
copy thereof to the state's attorney and counsel for the acquittee, setting 34
forth its findings and conclusions as to whether the acquittee is a person 35
who should be discharged. The board may hold a hearing or take other 36
action appropriate to assist it in preparing its report. 37
(e) Within ten days of receipt of a recommendation for discharge filed 38
by the board under subsection (a) of this section or receipt of the board's 39
report filed under subsection (d) of this section, either the state's 40
attorney or counsel for the acquittee may file notice of intent to perform 41
a separate examination of the acquittee. An examination conducted on 42
behalf of the acquittee may be performed by a psychiatrist or 43
psychologist of the acquittee's own choice and shall be performed at the 44
expense of the acquittee unless [he] the acquittee is indigent. If the 45
acquittee is indigent, the court shall provide [him] the acquittee with the 46
services of a psychiatrist or psychologist to perform the examination at 47
the expense of the state. Any such separate examination report shall be 48 Raised Bill No. 316
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filed with the court within thirty days of the notice of intent to perform 49
the examination. To facilitate examinations of the acquittee, the court 50
may order [him] the acquittee placed in the temporary custody of any 51
hospital for psychiatric disabilities or other suitable facility or placed 52
with the Commissioner of Developmental Services. 53
(f) After receipt of the board's report and any separate examination 54
reports, the court shall promptly commence a hearing on the 55
recommendation or application for discharge. [or petition for continued 56
commitment.] At the hearing, the acquittee shall have the burden of 57
proving by a preponderance of the evidence that the acquittee is a 58
person who should be discharged. 59
(g) The court shall make a finding as to the mental condition of the 60
acquittee and, considering that its primary concern is the protection of 61
society, make one of the following orders: (1) If the court finds that the 62
acquittee is not a person who should be discharged, the court shall order 63
the recommendation or application for discharge be dismissed; or (2) if 64
the court finds that the acquittee is a person who should be discharged, 65
the court shall order the acquittee discharged from custody. The court 66
shall send a copy of such finding and order to the board. 67
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 17a-593
Statement of Purpose:
To allow the state's attorney to make application for commitment of
certain acquittees to a hospital for psychiatric disabilities prior to the
acquittee's discharge at the expiration of the acquittee's maximum term
of commitment if the acquittee would constitute a danger to himself or
herself or others or is gravely disabled.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]