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General Assembly Raised Bill No. 926
January Session, 2023
LCO No. 3118
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING PERSONS COMMITTED TO THE
JURISDICTION OF THE PSYCHIATRIC SECURITY REVIEW BOARD.
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 Section 17a-593 of the general statutes is repealed and the 1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, 2023): 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. 926
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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 others or is gravely disabled, the state's 24
attorney may make application for commitment of the acquittee to a 25
hospital for psychiatric disabilities pursuant to part II of this chapter, at 26
least one hundred thirty-five days prior to such expiration, may petition 27
the court for an order of continued commitment of the acquittee. 28
(d) The court shall forward any application for discharge received 29
from the acquittee [and any petition for continued commitment of the 30
acquittee] to the board. The board shall, [within] not later than ninety 31
days after the date of its receipt of the application or petition, file a report 32
with the court, and send a copy thereof to the state's attorney and 33
counsel for the acquittee, setting forth its findings and conclusions as to 34
whether the acquittee is a person who should be discharged. The board 35
may hold a hearing or take other action appropriate to assist it in 36
preparing its report. 37
(e) [Within] Not later than ten days after the date of receipt of a 38
recommendation for discharge filed by the board under subsection (a) 39
of this section or receipt of the board's report filed under subsection (d) 40
of this section, either the state's attorney or counsel for the acquittee may 41
file notice of intent to perform a separate examination of the acquittee. 42
An examination conducted on behalf of the acquittee may be performed 43
by a psychiatrist or psychologist of the acquittee's own choice and shall 44
be performed at the expense of the acquittee unless [he] the acquittee is 45
indigent. If the acquittee is indigent, the court shall provide [him] the 46
acquittee with the services of a psychiatrist or psychologist to perform 47
the examination at the expense of the state. Any such separate 48 Raised Bill No. 926
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examination report shall be filed with the court [within] not later than 49
thirty days after the date of the notice of intent to perform the 50
examination. To facilitate examinations of the acquittee, the court may 51
order [him] the acquittee placed in the temporary custody of any 52
hospital for psychiatric disabilities or other suitable facility or placed 53
with the Commissioner of Developmental Services. 54
(f) After receipt of the board's report and any separate examination 55
reports, the court shall promptly commence a hearing on the 56
recommendation or application for discharge. [or petition for continued 57
commitment.] At the hearing, the acquittee shall have the burden of 58
proving by a preponderance of the evidence that the acquittee is a 59
person who should be discharged. 60
(g) The court shall make a finding as to the mental condition of the 61
acquittee and, considering that its primary concern is the protection of 62
society and its secondary concern is the safety and well-being of the 63
acquittee, 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 order 65
the recommendation or application for discharge be dismissed; or (2) if 66
the court finds that the acquittee is a person who should be discharged, 67
the court shall order the acquittee discharged from custody. The court 68
shall send a copy of such finding and order to the board. 69
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2023 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.] Raised Bill No. 926
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