Connecticut 2023 Regular Session

Connecticut Senate Bill SB00926 Compare Versions

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

Old	New	Differences
1	1
2	2
3	3	LCO No. 3118 1 of 4
4	4
5	5	General Assembly Raised Bill No. 926
6	6	January Session, 2023
7	7	LCO No. 3118
8	8
9	9
10	10	Referred to Committee on JUDICIARY
11	11
12	12
13	13	Introduced by:
14	14	(JUD)
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17	17
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19	19	AN ACT CONCERNING PERSONS COMMITTED TO THE
20	20	JURISDICTION OF THE PSYCHIATRIC SECURITY REVIEW BOARD.
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 Section 17a-593 of the general statutes is repealed and the 1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, 2023): 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. 926
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40	40
41	41
42	42	LCO No. 3118 2 of 4
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 others or is gravely disabled, the state's 24
53	53	attorney may make application for commitment of the acquittee to a 25
54	54	hospital for psychiatric disabilities pursuant to part II of this chapter, at 26
55	55	least one hundred thirty-five days prior to such expiration, may petition 27
56	56	the court for an order of continued commitment of the acquittee. 28
57	57	(d) The court shall forward any application for discharge received 29
58	58	from the acquittee [and any petition for continued commitment of the 30
59	59	acquittee] to the board. The board shall, [within] not later than ninety 31
60	60	days after the date of its receipt of the application or petition, file a report 32
61	61	with the court, and send a copy thereof to the state's attorney and 33
62	62	counsel for the acquittee, setting forth its findings and conclusions as to 34
63	63	whether the acquittee is a person who should be discharged. The board 35
64	64	may hold a hearing or take other action appropriate to assist it in 36
65	65	preparing its report. 37
66	66	(e) [Within] Not later than ten days after the date of receipt of a 38
67	67	recommendation for discharge filed by the board under subsection (a) 39
68	68	of this section or receipt of the board's report filed under subsection (d) 40
69	69	of this section, either the state's attorney or counsel for the acquittee may 41
70	70	file notice of intent to perform a separate examination of the acquittee. 42
71	71	An examination conducted on behalf of the acquittee may be performed 43
72	72	by a psychiatrist or psychologist of the acquittee's own choice and shall 44
73	73	be performed at the expense of the acquittee unless [he] the acquittee is 45
74	74	indigent. If the acquittee is indigent, the court shall provide [him] the 46
75	75	acquittee with the services of a psychiatrist or psychologist to perform 47
76	76	the examination at the expense of the state. Any such separate 48 Raised Bill No. 926
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78	78
79	79
80	80	LCO No. 3118 3 of 4
81	81
82	82	examination report shall be filed with the court [within] not later than 49
83	83	thirty days after the date of the notice of intent to perform the 50
84	84	examination. To facilitate examinations of the acquittee, the court may 51
85	85	order [him] the acquittee placed in the temporary custody of any 52
86	86	hospital for psychiatric disabilities or other suitable facility or placed 53
87	87	with the Commissioner of Developmental Services. 54
88	88	(f) After receipt of the board's report and any separate examination 55
89	89	reports, the court shall promptly commence a hearing on the 56
90	90	recommendation or application for discharge. [or petition for continued 57
91	91	commitment.] At the hearing, the acquittee shall have the burden of 58
92	92	proving by a preponderance of the evidence that the acquittee is a 59
93	93	person who should be discharged. 60
94	94	(g) The court shall make a finding as to the mental condition of the 61
95	95	acquittee and, considering that its primary concern is the protection of 62
96	96	society and its secondary concern is the safety and well-being of the 63
97	97	acquittee, make one of the following orders: (1) If the court finds that the 64
98	98	acquittee is not a person who should be discharged, the court shall order 65
99	99	the recommendation or application for discharge be dismissed; or (2) if 66
100	100	the court finds that the acquittee is a person who should be discharged, 67
101	101	the court shall order the acquittee discharged from custody. The court 68
102	102	shall send a copy of such finding and order to the board. 69
103	103	This act shall take effect as follows and shall amend the following
104	104	sections:
105	105
106	106	Section 1 October 1, 2023 17a-593
107	107
108	108	Statement of Purpose:
109	109	To allow the state's attorney to make application for commitment of
110	110	certain acquittees to a hospital for psychiatric disabilities prior to the
111	111	acquittee's discharge at the expiration of the acquittee's maximum term
112	112	of commitment if the acquittee would constitute a danger to himself or
113	113	herself or others or is gravely disabled.
114	114	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
115	115	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
116	116	underlined.] Raised Bill No. 926
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118	118
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120	120	LCO No. 3118 4 of 4
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