Connecticut 2023 Regular Session

Connecticut Senate Bill SB01231 Compare Versions

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Version 2 (New)

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7		-	General Assembly ~~Substitute~~ Bill No. 1231
	5	+	General Assembly Raised Bill No. 1231
8	6		January Session, 2023
	7	+	LCO No. 6129
	8	+
	9	+
	10	+	Referred to Committee on JUDICIARY
	11	+
	12	+
	13	+	Introduced by:
	14	+	(JUD)
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14	20		AN ACT CONCERNING A DEFENDANT'S COMPETENCY TO STAND
15	21		TRIAL AND EARLY RELEASE INTO THE COMMUNITY.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Section 54-56d of the general statutes is repealed and the 1
20	26		following is substituted in lieu thereof (Effective October 1, 2023): 2
21	27		(a) A defendant shall not be tried, convicted or sentenced while the 3
22		-	defendant is not competent. For the purposes of this section, a 4
23		-	defendant is not competent if the defendant is unable to understand 5
24		-	the proceedings against him or her or to assist in his or her own 6
25		-	defense. 7
26		-	(b) A defendant is presumed to be competent. The burden of 8
27		-	proving that the defendant is not competent by a preponderance of the 9
28		-	evidence and the burden of going forward with the evidence are on the 10
29		-	party raising the issue. The burden of going forward with the evidence 11
30		-	shall be on the state if the court raises the issue. The court may call its 12
31		-	own witnesses and conduct its own inquiry. 13
32		-	(c) If, at any time during a criminal proceeding, it appears that the 14
33		-	defendant is not competent, counsel for the defendant or for the state, 15
34		-	or the court, on its own motion, may request an examination to 16
35		-	determine the defendant's competency. 17 Substitute Bill No. 1231
	28	+	defendant is not competent. For the purposes of this section, a defendant 4
	29	+	is not competent if the defendant is unable to understand the 5
	30	+	proceedings against him or her or to assist in his or her own defense. 6
	31	+	(b) A defendant is presumed to be competent. The burden of proving 7
	32	+	that the defendant is not competent by a preponderance of the evidence 8
	33	+	and the burden of going forward with the evidence are on the party 9
	34	+	raising the issue. The burden of going forward with the evidence shall 10
	35	+	be on the state if the court raises the issue. The court may call its own 11
	36	+	witnesses and conduct its own inquiry. 12
	37	+	(c) If, at any time during a criminal proceeding, it appears that the 13 Raised Bill No. 1231
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42		-	(d) If the court finds that the request for an examination is justified 18
43		-	and that, in accordance with procedures established by the judges of 19
44		-	the Superior Court, there is probable cause to believe that the 20
45		-	defendant has committed the crime for which the defendant is 21
46		-	charged, the court shall order an examination of the defendant as to his 22
47		-	or her competency. The court may (1) appoint one or more physicians 23
48		-	specializing in psychiatry to examine the defendant, or (2) order the 24
49		-	Commissioner of Mental Health and Addiction Services to conduct the 25
50		-	examination either (A) by a clinical team consisting of a physician 26
51		-	specializing in psychiatry, a clinical psychologist and one of the 27
52		-	following: A clinical social worker licensed pursuant to chapter 383b or 28
53		-	a psychiatric nurse clinical specialist holding a master's degree in 29
54		-	nursing, or (B) by one or more physicians specializing in psychiatry, 30
55		-	except that no employee of the Department of Mental Health and 31
56		-	Addiction Services who has served as a member of a clinical team in 32
57		-	the course of such employment for at least five years prior to October 33
58		-	1, 1995, shall be precluded from being appointed as a member of a 34
59		-	clinical team. If the Commissioner of Mental Health and Addiction 35
60		-	Services is ordered to conduct the examination, the commissioner shall 36
61		-	select the members of the clinical team or the physician or physicians. 37
62		-	When performing an examination under this section, the examiners 38
63		-	shall have access to information on treatment dates and locations in the 39
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	42	+
	43	+	defendant is not competent, counsel for the defendant or for the state, 14
	44	+	or the court, on its own motion, may request an examination to 15
	45	+	determine the defendant's competency. 16
	46	+	(d) If the court finds that the request for an examination is justified 17
	47	+	and that, in accordance with procedures established by the judges of the 18
	48	+	Superior Court, there is probable cause to believe that the defendant has 19
	49	+	committed the crime for which the defendant is charged, the court shall 20
	50	+	order an examination of the defendant as to his or her competency. The 21
	51	+	court may [(1)] appoint one or more physicians specializing in 22
	52	+	psychiatry to examine the defendant, [or (2) order the Commissioner of 23
	53	+	Mental Health and Addiction Services to conduct the examination either 24
	54	+	(A) by a clinical team consisting of a physician specializing in 25
	55	+	psychiatry, a clinical psychologist and one of the following: A clinical 26
	56	+	social worker licensed pursuant to chapter 383b or a psychiatric nurse 27
	57	+	clinical specialist holding a master's degree in nursing, or (B) by one or 28
	58	+	more physicians specializing in psychiatry, except that no employee of 29
	59	+	the Department of Mental Health and Addiction Services who has 30
	60	+	served as a member of a clinical team in the course of such employment 31
	61	+	for at least five years prior to October 1, 1995, shall be precluded from 32
	62	+	being appointed as a member of a clinical team. If the Commissioner of 33
	63	+	Mental Health and Addiction Services is ordered to conduct the 34
	64	+	examination, the commissioner shall select the members of the clinical 35
	65	+	team or the physician or physicians] which may include any such 36
	66	+	physician, as recommended by the prosecuting authority. When 37
	67	+	performing an examination under this section, the examiners shall have 38
	68	+	access to information on treatment dates and locations in the 39
64	69		defendant's treatment history contained in the Department of Mental 40
65	70		Health and Addiction Services' database of treatment episodes for the 41
66	71		purpose of requesting a release of treatment information from the 42
67	72		defendant. If the examiners determine that the defendant is not 43
68	73		competent, the examiners shall then determine whether there is a 44
69	74		substantial probability that the defendant, if provided with a course of 45
70	75		treatment, will regain competency within the maximum period of any 46
71		-	placement order under this section. If the examiners determine that 47
	76	+	placement order under this section. If the examiners determine that 47 Raised Bill No. 1231
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72	82		there is a substantial probability that the defendant, if provided with a 48
73	83		course of treatment, will regain competency within the maximum 49
74	84		period of any placement order under this section, the examiners shall 50
75	85		then determine whether the defendant appears to be eligible for civil 51
76		-	commitment, with monitoring by the Court Support Services Division, 52 Substitute Bill No. 1231
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	86	+	commitment, with monitoring by the Court Support Services Division, 52
83	87		pursuant to subdivision (2) of subsection (h) of this section. If the 53
84	88		examiners determine that there is not a substantial probability that the 54
85	89		defendant, if provided with a course of treatment, will regain 55
86		-	competency within the maximum period of any placement order 56
87		-	~~under~~ this section, the examiners shall then determine whether the 57
88		-	~~defendant~~ appears to be eligible for civil commitment to a hospital for 58
89		-	~~psychiatric~~ disabilities pursuant to subsection (m) of this section and 59
90		-	~~make a~~ recommendation to the court regarding the appropriateness of 60
91		-	~~such~~ civil commitment. The court may authorize a physician 61
92		-	~~specializing in~~ psychiatry, a clinical psychologist, a clinical social 62
93		-	~~worker licensed~~ pursuant to chapter 383b or a psychiatric nurse 63
94		-	~~clinical specialist~~ holding a master's degree in nursing selected by the 64
95		-	~~defendant to~~ observe the examination. Counsel for the defendant may 65
96		-	~~observe the~~ examination. The examination shall be completed within 66
97		-	~~fifteen~~ business days from the date it was ordered and the examiners 67
98		-	~~shall~~ prepare and sign, without notarization, a written report and file 68
99		-	~~such~~ report with the court within twenty-one business days of the date 69
100		-	~~of the~~ order. On receipt of the written report, the clerk of the court 70
101		-	~~shall cause~~ copies to be delivered immediately to the state's attorney 71
102		-	~~and to counsel~~ for the defendant. 72
	90	+	competency within the maximum period of any placement order under 56
	91	+	this section, the examiners shall then determine whether the defendant 57
	92	+	appears to be eligible for civil commitment to a hospital for psychiatric 58
	93	+	disabilities pursuant to subsection (m) of this section and make a 59
	94	+	recommendation to the court regarding the appropriateness of such 60
	95	+	civil commitment. The court may authorize a physician specializing in 61
	96	+	psychiatry, a clinical psychologist, a clinical social worker licensed 62
	97	+	pursuant to chapter 383b or a psychiatric nurse clinical specialist 63
	98	+	holding a master's degree in nursing selected by the defendant to 64
	99	+	observe the examination. Counsel for the defendant may observe the 65
	100	+	examination. The examination shall be completed within fifteen 66
	101	+	business days from the date it was ordered and the examiners shall 67
	102	+	prepare and sign, without notarization, a written report and file such 68
	103	+	report with the court within twenty-one business days of the date of the 69
	104	+	order. On receipt of the written report, the clerk of the court shall cause 70
	105	+	copies to be delivered immediately to the state's attorney and to counsel 71
	106	+	for the defendant. 72
103	107		(e) The court shall hold a hearing as to the competency of the 73
104	108		defendant not later than ten days after the court receives the written 74
105	109		report. Any evidence regarding the defendant's competency, including 75
106	110		the written report, may be introduced at the hearing by either the 76
107	111		defendant or the state, except that no treatment information contained 77
108		-	in the Department of Mental Health and Addiction Services' database 78
109		-	of treatment episodes may be included in the written report or 79
110		-	introduced at the hearing unless the defendant released the treatment 80
111		-	information pursuant to subsection (d) of this section. If the written 81
112		-	report is introduced, at least one of the examiners shall be present to 82
113		-	testify as to the determinations in the report, unless the examiner's 83
114		-	presence is waived by the defendant and the state. Any member of the 84
115		-	clinical team shall be considered competent to testify as to the team's 85
116		-	determinations. A defendant and the defendant's counsel may waive 86 Substitute Bill No. 1231
	112	+	in the Department of Mental Health and Addiction Services' database of 78
	113	+	treatment episodes may be included in the written report or introduced 79
	114	+	at the hearing unless the defendant released the treatment information 80
	115	+	pursuant to subsection (d) of this section. If the written report is 81 Raised Bill No. 1231
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123		-	the court hearing only if the examiners, in the written report, 87
124		-	determine without qualification that the defendant is competent. 88
125		-	Nothing in this subsection shall limit any other release or use of 89
126		-	information from said database permitted by law. 90
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	121	+	introduced, at least one of the examiners shall be present to testify as to 82
	122	+	the determinations in the report, unless the examiner's presence is 83
	123	+	waived by the defendant and the state. Any member of the clinical team 84
	124	+	shall be considered competent to testify as to the team's determinations. 85
	125	+	A defendant and the defendant's counsel may waive the court hearing 86
	126	+	only if the examiners, in the written report, determine without 87
	127	+	qualification that the defendant is competent. Nothing in this subsection 88
	128	+	shall limit any other release or use of information from said database 89
	129	+	permitted by law. 90
127	130		(f) If the court, after the hearing, finds that the defendant is 91
128		-	competent, the court shall continue with the criminal proceedings. If 92
129		-	the court finds that the defendant is not competent, the court shall also 93
130		-	find whether there is a substantial probability that the defendant, if 94
131		-	provided with a course of treatment, will regain competency within 95
132		-	the maximum period of any placement order permitted under this 96
133		-	section. 97
134		-	(g) If, at the hearing, the court finds that there is not a substantial 98
135		-	probability that the defendant, if provided with a course of treatment, 99
136		-	will regain competency within the period of any placement order 100
137		-	under this section, the court shall follow the procedure set forth in 101
138		-	subsection (m) of this section. 102
139		-	(h) (1) If, at the hearing, the court finds that there is a substantial 103
140		-	probability that the defendant, if provided with a course of treatment, 104
141		-	will regain competency within the period of any placement order 105
142		-	under this section, the court shall either (A) order placement of the 106
143		-	defendant for treatment for the purpose of rendering the defendant 107
144		-	competent, or (B) order placement of the defendant at a treatment 108
145		-	facility pending civil commitment proceedings pursuant to 109
146		-	subdivision (2) of this subsection. 110
147		-	(2) (A) Except as provided in subparagraph (B) of this subdivision, if 111
148		-	the court makes a finding pursuant to subdivision (1) of this subsection 112
149		-	and does not order placement pursuant to subparagraph (A) of said 113
150		-	subdivision, the court shall, on its own motion or on motion of the 114
151		-	state or the defendant, order placement of the defendant in the custody 115
152		-	of the Commissioner of Mental Health and Addiction Services at a 116
153		-	treatment facility pending civil commitment proceedings. The 117
154		-	treatment facility shall be determined by the Commissioner of Mental 118 Substitute Bill No. 1231
	131	+	competent, the court shall continue with the criminal proceedings. If the 92
	132	+	court finds that the defendant is not competent, the court shall also find 93
	133	+	whether there is a substantial probability that the defendant, if provided 94
	134	+	with a course of treatment, will regain competency within the maximum 95
	135	+	period of any placement order permitted under this section. 96
	136	+	(g) If, at the hearing, the court finds that there is not a substantial 97
	137	+	probability that the defendant, if provided with a course of treatment, 98
	138	+	will regain competency within the period of any placement order under 99
	139	+	this section, the court shall follow the procedure set forth in subsection 100
	140	+	(m) of this section. 101
	141	+	(h) (1) If, at the hearing, the court finds that there is a substantial 102
	142	+	probability that the defendant, if provided with a course of treatment, 103
	143	+	will regain competency within the period of any placement order under 104
	144	+	this section, the court shall either (A) order placement of the defendant 105
	145	+	for treatment for the purpose of rendering the defendant competent, or 106
	146	+	(B) order placement of the defendant at a treatment facility pending civil 107
	147	+	commitment proceedings pursuant to subdivision (2) of this subsection. 108
	148	+	(2) (A) Except as provided in subparagraph (B) of this subdivision, if 109
	149	+	the court makes a finding pursuant to subdivision (1) of this subsection 110
	150	+	and does not order placement pursuant to subparagraph (A) of said 111
	151	+	subdivision, the court shall, on its own motion or on motion of the state 112
	152	+	or the defendant, order placement of the defendant in the custody of the 113 Raised Bill No. 1231
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161		-	Health and Addiction Services. Such order shall: (i) Include an 119
162		-	authorization for the Commissioner of Mental Health and Addiction 120
163		-	Services to apply for civil commitment of such defendant pursuant to 121
164		-	sections 17a-495 to 17a-528, inclusive; (ii) permit the defendant to agree 122
165		-	to request voluntarily to be admitted under section 17a-506 and 123
166		-	participate voluntarily in a treatment plan prepared by the 124
167		-	Commissioner of Mental Health and Addiction Services, and require 125
168		-	that the defendant comply with such treatment plan; and (iii) provide 126
169		-	that if the application for civil commitment is denied or not pursued 127
170		-	by the Commissioner of Mental Health and Addiction Services, or if 128
171		-	the defendant is unwilling or unable to comply with a treatment plan 129
172		-	despite reasonable efforts of the treatment facility to encourage the 130
173		-	defendant's compliance, the person in charge of the treatment facility, 131
174		-	or such person's designee, shall submit a written progress report to the 132
175		-	court and the defendant shall be returned to the court for a hearing 133
176		-	pursuant to subsection (k) of this section. Such written progress report 134
177		-	shall include the status of any civil commitment proceedings 135
178		-	concerning the defendant, the defendant's compliance with the 136
179		-	treatment plan, an opinion regarding the defendant's current 137
180		-	competency to stand trial, the clinical findings of the person 138
181		-	submitting the report and the facts upon which the findings are based, 139
182		-	and any other information concerning the defendant requested by the 140
183		-	court, including, but not limited to, the method of treatment or the 141
184		-	type, dosage and effect of any medication the defendant is receiving. 142
185		-	The Court Support Services Division shall monitor the defendant's 143
186		-	compliance with any applicable provisions of such order. The period 144
187		-	of placement and monitoring under such order shall not exceed the 145
188		-	period of the maximum sentence which the defendant could receive on 146
189		-	conviction of the charges against such defendant, or eighteen months, 147
190		-	whichever is less. If the defendant has complied with such treatment 148
191		-	plan and any applicable provisions of such order, at the end of the 149
192		-	period of placement and monitoring, the court shall approve the entry 150
193		-	of a nolle prosequi to the charges against the defendant or shall 151
194		-	dismiss such charges. 152 Substitute Bill No. 1231
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	157	+
	158	+	Commissioner of Mental Health and Addiction Services at a treatment 114
	159	+	facility pending civil commitment proceedings. The treatment facility 115
	160	+	shall be determined by the Commissioner of Mental Health and 116
	161	+	Addiction Services. Such order shall: (i) Include an authorization for the 117
	162	+	Commissioner of Mental Health and Addiction Services to apply for 118
	163	+	civil commitment of such defendant pursuant to sections 17a-495 to 17a-119
	164	+	528, inclusive; (ii) permit the defendant to agree to request voluntarily 120
	165	+	to be admitted under section 17a-506 and participate voluntarily in a 121
	166	+	treatment plan prepared by the Commissioner of Mental Health and 122
	167	+	Addiction Services, and require that the defendant comply with such 123
	168	+	treatment plan; and (iii) provide that if the application for civil 124
	169	+	commitment is denied or not pursued by the Commissioner of Mental 125
	170	+	Health and Addiction Services, or if the defendant is unwilling or 126
	171	+	unable to comply with a treatment plan despite reasonable efforts of the 127
	172	+	treatment facility to encourage the defendant's compliance, the person 128
	173	+	in charge of the treatment facility, or such person's designee, shall 129
	174	+	submit a written progress report to the court and the defendant shall be 130
	175	+	returned to the court for a hearing pursuant to subsection (k) of this 131
	176	+	section. Such written progress report shall include the status of any civil 132
	177	+	commitment proceedings concerning the defendant, the defendant's 133
	178	+	compliance with the treatment plan, an opinion regarding the 134
	179	+	defendant's current competency to stand trial, the clinical findings of the 135
	180	+	person submitting the report and the facts upon which the findings are 136
	181	+	based, and any other information concerning the defendant requested 137
	182	+	by the court, including, but not limited to, the method of treatment or 138
	183	+	the type, dosage and effect of any medication the defendant is receiving. 139
	184	+	The Court Support Services Division shall monitor the defendant's 140
	185	+	compliance with any applicable provisions of such order. The period of 141
	186	+	placement and monitoring under such order shall not exceed the period 142
	187	+	of the maximum sentence which the defendant could receive on 143
	188	+	conviction of the charges against such defendant, or [eighteen] twenty-144
	189	+	four months, whichever is less. If the defendant has complied with such 145
	190	+	treatment plan and any applicable provisions of such order, at the end 146
	191	+	of the period of placement and monitoring, the court shall approve the 147
	192	+	entry of a nolle prosequi to the charges against the defendant or shall 148 Raised Bill No. 1231
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201		-	(B) This subdivision shall not apply: (i) To any person charged with 153
202		-	a class A felony, a class B felony, except a violation of section 53a-122 154
203		-	that does not involve the use, attempted use or threatened use of 155
204		-	physical force against another person, or a violation of section 53a-70b 156
205		-	of the general statutes, revision of 1958, revised to January 1, 2019, or 157
206		-	section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of 158
207		-	section 14-227n, subdivision (2) of subsection (a) of section 53-21 or 159
208		-	section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b; 160
209		-	(ii) to any person charged with a crime or motor vehicle violation who, 161
210		-	as a result of the commission of such crime or motor vehicle violation, 162
211		-	causes the death of another person; or (iii) unless good cause is shown, 163
212		-	to any person charged with a class C felony. 164
213		-	(i) The placement of the defendant for treatment for the purpose of 165
214		-	rendering the defendant competent shall comply with the following 166
215		-	conditions: (1) The period of placement under the order or 167
216		-	combination of orders shall not exceed the period of the maximum 168
217		-	sentence which the defendant could receive on conviction of the 169
218		-	charges against the defendant or [eighteen] twenty-four months, 170
219		-	whichever is less; (2) the placement shall be either (A) in the custody of 171
220		-	the Commissioner of Mental Health and Addiction Services, the 172
221		-	Commissioner of Children and Families or the Commissioner of 173
222		-	Developmental Services, except that any defendant placed for 174
223		-	treatment with the Commissioner of Mental Health and Addiction 175
224		-	Services may remain in the custody of the Department of Correction 176
225		-	pursuant to subsection (p) of this section; or, (B) if the defendant or the 177
226		-	appropriate commissioner agrees to provide payment, in the custody 178
227		-	of any appropriate mental health facility or treatment program which 179
228		-	agrees to provide treatment to the defendant and to adhere to the 180
229		-	requirements of this section; and (3) the court shall order the 181
230		-	placement, on either an inpatient or an outpatient basis, which the 182
231		-	court finds is the least restrictive placement appropriate and available 183
232		-	to restore competency. If outpatient treatment is the least restrictive 184
233		-	placement for a defendant who has not yet been released from a 185
234		-	correctional facility, the court shall consider whether the availability of 186 Substitute Bill No. 1231
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	198	+	dismiss such charges. 149
	199	+	(B) This subdivision shall not apply: (i) To any person charged with 150
	200	+	a class A felony, a class B felony, except a violation of section 53a-122 151
	201	+	that does not involve the use, attempted use or threatened use of 152
	202	+	physical force against another person, or a violation of section 53a-70b 153
	203	+	of the general statutes, revision of 1958, revised to January 1, 2019, or 154
	204	+	section 14-227a or 14-227m, subdivision (1) or (2) of subsection (a) of 155
	205	+	section 14-227n, subdivision (2) of subsection (a) of section 53-21 or 156
	206	+	section 53a-56b, 53a-60d, 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b; (ii) 157
	207	+	to any person charged with a crime or motor vehicle violation who, as a 158
	208	+	result of the commission of such crime or motor vehicle violation, causes 159
	209	+	the death of another person; or (iii) unless good cause is shown, to any 160
	210	+	person charged with a class C felony. 161
	211	+	(i) The placement of the defendant for treatment for the purpose of 162
	212	+	rendering the defendant competent shall comply with the following 163
	213	+	conditions: (1) The period of placement under the order or combination 164
	214	+	of orders shall not exceed the period of the maximum sentence which 165
	215	+	the defendant could receive on conviction of the charges against the 166
	216	+	defendant or eighteen months, whichever is less; (2) the placement shall 167
	217	+	be either (A) in the custody of the Commissioner of Mental Health and 168
	218	+	Addiction Services, the Commissioner of Children and Families or the 169
	219	+	Commissioner of Developmental Services, except that any defendant 170
	220	+	placed for treatment with the Commissioner of Mental Health and 171
	221	+	Addiction Services may remain in the custody of the Department of 172
	222	+	Correction pursuant to subsection (p) of this section; or, (B) if the 173
	223	+	defendant or the appropriate commissioner agrees to provide payment, 174
	224	+	in the custody of any appropriate mental health facility or treatment 175
	225	+	program which agrees to provide treatment to the defendant and to 176
	226	+	adhere to the requirements of this section; and (3) the court shall order 177
	227	+	the placement, on either an inpatient or an outpatient basis, which the 178
	228	+	court finds is the least restrictive placement appropriate and available 179
	229	+	to restore competency. If outpatient treatment is the least restrictive 180
	230	+	placement for a defendant who has not yet been released from a 181
	231	+	correctional facility, the court shall consider whether the availability of 182 Raised Bill No. 1231
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241		-	such treatment is a sufficient basis on which to release the defendant 187
242		-	on a promise to appear, conditions of release, cash bail or bond. If the 188
243		-	court determines that the defendant may not be so released, the court 189
244		-	shall order treatment of the defendant on an inpatient basis at a mental 190
245		-	health facility or facility for persons with intellectual disability. Not 191
246		-	later than twenty-four hours after the court orders placement of the 192
247		-	defendant for treatment for the purpose of rendering the defendant 193
248		-	competent, the examiners shall transmit information obtained about 194
249		-	the defendant during the course of an examination pursuant to 195
250		-	subsection (d) of this section to the health care provider named in the 196
251		-	court's order. 197
252		-	(j) The person in charge of the treatment facility, or such person's 198
253		-	designee, or the Commissioner of Mental Health and Addiction 199
254		-	Services with respect to any defendant who is in the custody of the 200
255		-	Commissioner of Correction pursuant to subsection (p) of this section, 201
256		-	shall submit a written progress report to the court (1) at least seven 202
257		-	days prior to the date of any hearing on the issue of the defendant's 203
258		-	competency; (2) whenever he or she believes that the defendant has 204
259		-	attained competency; (3) whenever he or she believes that there is not a 205
260		-	substantial probability that the defendant will attain competency 206
261		-	within the period covered by the placement order; (4) whenever, 207
262		-	within the first one hundred twenty days of the period covered by the 208
263		-	placement order, he or she believes that the defendant would be 209
264		-	eligible for civil commitment pursuant to subdivision (2) of subsection 210
265		-	(h) of this section; or (5) whenever he or she believes that the 211
266		-	defendant is still not competent but has improved sufficiently such 212
267		-	that continued inpatient commitment is no longer the least restrictive 213
268		-	placement appropriate and available to restore competency. The 214
269		-	progress report shall contain: (A) The clinical findings of the person 215
270		-	submitting the report and the facts on which the findings are based; (B) 216
271		-	the opinion of the person submitting the report as to whether the 217
272		-	defendant has attained competency or as to whether the defendant is 218
273		-	making progress, under treatment, toward attaining competency 219
274		-	within the period covered by the placement order; (C) the opinion of 220 Substitute Bill No. 1231
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	237	+	such treatment is a sufficient basis on which to release the defendant on 183
	238	+	a promise to appear, conditions of release, cash bail or bond. If the court 184
	239	+	determines that the defendant may not be so released, the court shall 185
	240	+	order treatment of the defendant on an inpatient basis at a mental health 186
	241	+	facility or facility for persons with intellectual disability. Not later than 187
	242	+	twenty-four hours after the court orders placement of the defendant for 188
	243	+	treatment for the purpose of rendering the defendant competent, the 189
	244	+	examiners shall transmit information obtained about the defendant 190
	245	+	during the course of an examination pursuant to subsection (d) of this 191
	246	+	section to the health care provider named in the court's order. 192
	247	+	(j) The person in charge of the treatment facility, or such person's 193
	248	+	designee, or the Commissioner of Mental Health and Addiction Services 194
	249	+	with respect to any defendant who is in the custody of the 195
	250	+	Commissioner of Correction pursuant to subsection (p) of this section, 196
	251	+	shall submit a written progress report to the court (1) at least seven days 197
	252	+	prior to the date of any hearing on the issue of the defendant's 198
	253	+	competency; (2) whenever he or she believes that the defendant has 199
	254	+	attained competency; (3) whenever he or she believes that there is not a 200
	255	+	substantial probability that the defendant will attain competency within 201
	256	+	the period covered by the placement order; (4) whenever, within the 202
	257	+	first one hundred twenty days of the period covered by the placement 203
	258	+	order, he or she believes that the defendant would be eligible for civil 204
	259	+	commitment pursuant to subdivision (2) of subsection (h) of this section; 205
	260	+	or (5) whenever he or she believes that the defendant is still not 206
	261	+	competent but has improved sufficiently such that continued inpatient 207
	262	+	commitment is no longer the least restrictive placement appropriate and 208
	263	+	available to restore competency. The progress report shall contain: (A) 209
	264	+	The clinical findings of the person submitting the report and the facts on 210
	265	+	which the findings are based; (B) the opinion of the person submitting 211
	266	+	the report as to whether the defendant has attained competency or as to 212
	267	+	whether the defendant is making progress, under treatment, toward 213
	268	+	attaining competency within the period covered by the placement order; 214
	269	+	(C) the opinion of the person submitting the report as to whether the 215
	270	+	defendant appears to be eligible for civil commitment to a hospital for 216 Raised Bill No. 1231
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281		-	the person submitting the report as to whether the defendant appears 221
282		-	to be eligible for civil commitment to a hospital for psychiatric 222
283		-	disabilities pursuant to subsection (m) of this section and the 223
284		-	appropriateness of such civil commitment, if there is not a substantial 224
285		-	probability that the defendant will attain competency within the 225
286		-	period covered by the placement order; and (D) any other information 226
287		-	concerning the defendant requested by the court, including, but not 227
288		-	limited to, the method of treatment or the type, dosage and effect of 228
289		-	any medication the defendant is receiving. Not later than five business 229
290		-	days after the court finds either that the defendant will not attain 230
291		-	competency within the period of any placement order under this 231
292		-	section or that the defendant has regained competency, the person in 232
293		-	charge of the treatment facility, or such person's designee, or the 233
294		-	Commissioner of Mental Health and Addiction Services with respect 234
295		-	to any defendant who is in the custody of the Commissioner of 235
296		-	Correction pursuant to subsection (p) of this section, shall provide a 236
297		-	copy of the written progress report to the examiners who examined the 237
298		-	defendant pursuant to subsection (d) of this section. 238
299		-	(k) (1) Whenever any placement order for treatment is rendered or 239
300		-	continued, the court shall set a date for a hearing, to be held within 240
301		-	ninety days, for reconsideration of the issue of the defendant's 241
302		-	competency. Whenever the court (A) receives a report pursuant to 242
303		-	subsection (j) of this section which indicates that (i) the defendant has 243
304		-	attained competency, (ii) the defendant will not attain competency 244
305		-	within the remainder of the period covered by the placement order, 245
306		-	(iii) the defendant will not attain competency within the remainder of 246
307		-	the period covered by the placement order absent administration of 247
308		-	psychiatric medication for which the defendant is unwilling or unable 248
309		-	to provide consent, (iv) the defendant would be eligible for civil 249
310		-	commitment pursuant to subdivision (2) of subsection (h) of this 250
311		-	section, or (v) the defendant is still not competent but has improved 251
312		-	sufficiently such that continued inpatient commitment is no longer the 252
313		-	least restrictive placement appropriate and available to restore 253
314		-	competency, or (B) receives a report pursuant to subparagraph (A)(iii) 254 Substitute Bill No. 1231
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	276	+	psychiatric disabilities pursuant to subsection (m) of this section and the 217
	277	+	appropriateness of such civil commitment, if there is not a substantial 218
	278	+	probability that the defendant will attain competency within the period 219
	279	+	covered by the placement order; and (D) any other information 220
	280	+	concerning the defendant requested by the court, including, but not 221
	281	+	limited to, the method of treatment or the type, dosage and effect of any 222
	282	+	medication the defendant is receiving. Not later than five business days 223
	283	+	after the court finds either that the defendant will not attain competency 224
	284	+	within the period of any placement order under this section or that the 225
	285	+	defendant has regained competency, the person in charge of the 226
	286	+	treatment facility, or such person's designee, or the Commissioner of 227
	287	+	Mental Health and Addiction Services with respect to any defendant 228
	288	+	who is in the custody of the Commissioner of Correction pursuant to 229
	289	+	subsection (p) of this section, shall provide a copy of the written 230
	290	+	progress report to the examiners who examined the defendant pursuant 231
	291	+	to subsection (d) of this section. 232
	292	+	(k) (1) Whenever any placement order for treatment is rendered or 233
	293	+	continued, the court shall set a date for a hearing, to be held within 234
	294	+	ninety days, for reconsideration of the issue of the defendant's 235
	295	+	competency. Whenever the court (A) receives a report pursuant to 236
	296	+	subsection (j) of this section which indicates that (i) the defendant has 237
	297	+	attained competency, (ii) the defendant will not attain competency 238
	298	+	within the remainder of the period covered by the placement order, (iii) 239
	299	+	the defendant will not attain competency within the remainder of the 240
	300	+	period covered by the placement order absent administration of 241
	301	+	psychiatric medication for which the defendant is unwilling or unable 242
	302	+	to provide consent, (iv) the defendant would be eligible for civil 243
	303	+	commitment pursuant to subdivision (2) of subsection (h) of this section, 244
	304	+	or (v) the defendant is still not competent but has improved sufficiently 245
	305	+	such that continued inpatient commitment is no longer the least 246
	306	+	restrictive placement appropriate and available to restore competency, 247
	307	+	or (B) receives a report pursuant to subparagraph (A)(iii) of subdivision 248
	308	+	(2) of subsection (h) of this section which indicates that (i) the 249
	309	+	application for civil commitment of the defendant has been denied or 250 Raised Bill No. 1231
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321		-	of subdivision (2) of subsection (h) of this section which indicates that 255
322		-	(i) the application for civil commitment of the defendant has been 256
323		-	denied or has not been pursued by the Commissioner of Mental Health 257
324		-	and Addiction Services, or (ii) the defendant is unwilling or unable to 258
325		-	comply with a treatment plan despite reasonable efforts of the 259
326		-	treatment facility to encourage the defendant's compliance, the court 260
327		-	shall set the matter for a hearing not later than ten days after the report 261
328		-	is received. The hearing may be waived by the defendant only if the 262
329		-	report indicates that the defendant is competent. With respect to a 263
330		-	defendant who is in the custody of the Commissioner of Correction 264
331		-	pursuant to subsection (p) of this section, the Commissioner of Mental 265
332		-	Health and Addiction Services shall retain responsibility for providing 266
333		-	testimony at any hearing under this subsection. The court shall 267
334		-	determine whether the defendant is competent or is making progress 268
335		-	toward attaining competency within the period covered by the 269
336		-	placement order. If the court finds that the defendant is competent, the 270
337		-	defendant shall be returned to the custody of the Commissioner of 271
338		-	Correction or released, if the defendant has met the conditions for 272
339		-	release, and the court shall continue with the criminal proceedings. If 273
340		-	the court finds that the defendant is still not competent but that the 274
341		-	defendant is making progress toward attaining competency, the court 275
342		-	may continue or modify the placement order. If the court finds that the 276
343		-	defendant is still not competent but that the defendant is making 277
344		-	progress toward attaining competency and inpatient placement is no 278
345		-	longer the least restrictive placement appropriate and available to 279
346		-	restore competency, the court shall consider whether the availability of 280
347		-	such less restrictive placement is a sufficient basis on which to release 281
348		-	the defendant on a promise to appear, conditions of release, cash bail 282
349		-	or bond and may order continued treatment to restore competency on 283
350		-	an outpatient basis. If the court finds that the defendant is still not 284
351		-	competent and will not attain competency within the remainder of the 285
352		-	period covered by the placement order absent administration of 286
353		-	psychiatric medication for which the defendant is unwilling or unable 287
354		-	to provide consent, the court shall proceed as provided in subdivisions 288
355		-	(2), (3) and (4) of this subsection. If the court finds that the defendant is 289 Substitute Bill No. 1231
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	315	+	has not been pursued by the Commissioner of Mental Health and 251
	316	+	Addiction Services, or (ii) the defendant is unwilling or unable to 252
	317	+	comply with a treatment plan despite reasonable efforts of the treatment 253
	318	+	facility to encourage the defendant's compliance, the court shall set the 254
	319	+	matter for a hearing not later than ten days after the report is received. 255
	320	+	The hearing may be waived by the defendant only if the report indicates 256
	321	+	that the defendant is competent. With respect to a defendant who is in 257
	322	+	the custody of the Commissioner of Correction pursuant to subsection 258
	323	+	(p) of this section, the Commissioner of Mental Health and Addiction 259
	324	+	Services shall retain responsibility for providing testimony at any 260
	325	+	hearing under this subsection. The court shall determine whether the 261
	326	+	defendant is competent or is making progress toward attaining 262
	327	+	competency within the period covered by the placement order. If the 263
	328	+	court finds that the defendant is competent, the defendant shall be 264
	329	+	returned to the custody of the Commissioner of Correction or released, 265
	330	+	if the defendant has met the conditions for release, and the court shall 266
	331	+	continue with the criminal proceedings. If the court finds that the 267
	332	+	defendant is still not competent but that the defendant is making 268
	333	+	progress toward attaining competency, the court may continue or 269
	334	+	modify the placement order. If the court finds that the defendant is still 270
	335	+	not competent but that the defendant is making progress toward 271
	336	+	attaining competency and inpatient placement is no longer the least 272
	337	+	restrictive placement appropriate and available to restore competency, 273
	338	+	the court shall consider whether the availability of such less restrictive 274
	339	+	placement is a sufficient basis on which to release the defendant on a 275
	340	+	promise to appear, conditions of release, cash bail or bond and may 276
	341	+	order continued treatment to restore competency on an outpatient basis. 277
	342	+	If the court finds that the defendant is still not competent and will not 278
	343	+	attain competency within the remainder of the period covered by the 279
	344	+	placement order absent administration of psychiatric medication for 280
	345	+	which the defendant is unwilling or unable to provide consent, the court 281
	346	+	shall proceed as provided in subdivisions (2), (3) and (4) of this 282
	347	+	subsection. If the court finds that the defendant is eligible for civil 283
	348	+	commitment, the court may order placement of the defendant at a 284
	349	+	treatment facility pending civil commitment proceedings pursuant to 285 Raised Bill No. 1231
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362		-	eligible for civil commitment, the court may order placement of the 290
363		-	defendant at a treatment facility pending civil commitment 291
364		-	proceedings pursuant to subdivision (2) of subsection (h) of this 292
365		-	section. 293
366		-	(2) If the court finds that the defendant will not attain competency 294
367		-	within the remainder of the period covered by the placement order 295
368		-	absent administration of psychiatric medication for which the 296
369		-	defendant is unwilling or unable to provide consent, and after any 297
370		-	hearing held pursuant to subdivision (3) of this subsection, the court 298
371		-	may order the involuntary medication of the defendant if the court 299
372		-	finds by clear and convincing evidence that: (A) To a reasonable 300
373		-	degree of medical certainty, involuntary medication of the defendant 301
374		-	will render the defendant competent to stand trial, (B) an adjudication 302
375		-	of guilt or innocence cannot be had using less intrusive means, (C) the 303
376		-	proposed treatment plan is narrowly tailored to minimize intrusion on 304
377		-	the defendant's liberty and privacy interests, (D) the proposed drug 305
378		-	regimen will not cause an unnecessary risk to the defendant's health, 306
379		-	and (E) the seriousness of the alleged crime is such that the criminal 307
380		-	law enforcement interest of the state in fairly and accurately 308
381		-	determining the defendant's guilt or innocence overrides the 309
382		-	defendant's interest in self-determination. 310
383		-	(3) (A) If the court finds that the defendant is unwilling or unable to 311
384		-	provide consent for the administration of psychiatric medication, and 312
385		-	prior to deciding whether to order the involuntary medication of the 313
386		-	defendant under subdivision (2) of this subsection, the court shall 314
387		-	appoint a health care guardian who shall be a licensed health care 315
388		-	provider with specialized training in the treatment of persons with 316
389		-	psychiatric disabilities to represent the health care interests of the 317
390		-	defendant before the court. Notwithstanding the provisions of section 318
391		-	52-146e, such health care guardian shall have access to the psychiatric 319
392		-	records of the defendant. Such health care guardian shall file a report 320
393		-	with the court not later than thirty days after his or her appointment. 321
394		-	The report shall set forth such health care guardian's findings and 322 Substitute Bill No. 1231
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	355	+	subdivision (2) of subsection (h) of this section. 286
	356	+	(2) If the court finds that the defendant will not attain competency 287
	357	+	within the remainder of the period covered by the placement order 288
	358	+	absent administration of psychiatric medication for which the defendant 289
	359	+	is unwilling or unable to provide consent, and after any hearing held 290
	360	+	pursuant to subdivision (3) of this subsection, the court may order the 291
	361	+	involuntary medication of the defendant if the court finds by clear and 292
	362	+	convincing evidence that: (A) To a reasonable degree of medical 293
	363	+	certainty, involuntary medication of the defendant will render the 294
	364	+	defendant competent to stand trial, (B) an adjudication of guilt or 295
	365	+	innocence cannot be had using less intrusive means, (C) the proposed 296
	366	+	treatment plan is narrowly tailored to minimize intrusion on the 297
	367	+	defendant's liberty and privacy interests, (D) the proposed drug 298
	368	+	regimen will not cause an unnecessary risk to the defendant's health, 299
	369	+	and (E) the seriousness of the alleged crime is such that the criminal law 300
	370	+	enforcement interest of the state in fairly and accurately determining the 301
	371	+	defendant's guilt or innocence overrides the defendant's interest in self-302
	372	+	determination. 303
	373	+	(3) (A) If the court finds that the defendant is unwilling or unable to 304
	374	+	provide consent for the administration of psychiatric medication, and 305
	375	+	prior to deciding whether to order the involuntary medication of the 306
	376	+	defendant under subdivision (2) of this subsection, the court shall 307
	377	+	appoint a health care guardian who shall be a licensed health care 308
	378	+	provider with specialized training in the treatment of persons with 309
	379	+	psychiatric disabilities to represent the health care interests of the 310
	380	+	defendant before the court. Notwithstanding the provisions of section 311
	381	+	52-146e, such health care guardian shall have access to the psychiatric 312
	382	+	records of the defendant. Such health care guardian shall file a report 313
	383	+	with the court not later than thirty days after his or her appointment. 314
	384	+	The report shall set forth such health care guardian's findings and 315
	385	+	recommendations concerning the administration of psychiatric 316
	386	+	medication to the defendant, including the risks and benefits of such 317
	387	+	medication, the likelihood and seriousness of any adverse side effects 318
	388	+	and the prognosis with and without such medication. The court shall 319 Raised Bill No. 1231
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401		-	recommendations concerning the administration of psychiatric 323
402		-	medication to the defendant, including the risks and benefits of such 324
403		-	medication, the likelihood and seriousness of any adverse side effects 325
404		-	and the prognosis with and without such medication. The court shall 326
405		-	hold a hearing on the matter not later than ten days after receipt of 327
406		-	such health care guardian's report and shall, in deciding whether to 328
407		-	order the involuntary medication of the defendant, take into account 329
408		-	such health care guardian's opinion concerning the health care 330
409		-	interests of the defendant. 331
410		-	(B) The court, in anticipation of considering continued involuntary 332
411		-	medication of the defendant under subdivision (4) of this subsection, 333
412		-	shall order the health care guardian to file a supplemental report 334
413		-	updating the findings and recommendations contained in the health 335
414		-	care guardian's report filed under subparagraph (A) o f this 336
415		-	subdivision. 337
416		-	(4) If, after the defendant has been found to have attained 338
417		-	competency by means of involuntary medication ordered under 339
418		-	subdivision (2) of this subsection, the court determines by clear and 340
419		-	convincing evidence that the defendant will not remain competent 341
420		-	absent the continued administration of psychiatric medication for 342
421		-	which the defendant is unable to provide consent, and after any 343
422		-	hearing held pursuant to subdivision (3) of this subsection and 344
423		-	consideration of the supplemental report of the health care guardian, 345
424		-	the court may order continued involuntary medication of the 346
425		-	defendant if the court finds by clear and convincing evidence that: (A) 347
426		-	To a reasonable degree of medical certainty, continued involuntary 348
427		-	medication of the defendant will maintain the defendant's competency 349
428		-	to stand trial, (B) an adjudication of guilt or innocence cannot be had 350
429		-	using less intrusive means, (C) the proposed treatment plan is 351
430		-	narrowly tailored to minimize intrusion on the defendant's liberty and 352
431		-	privacy interests, (D) the proposed drug regimen will not cause an 353
432		-	unnecessary risk to the defendant's health, and (E) the seriousness of 354
433		-	the alleged crime is such that the criminal law enforcement interest of 355 Substitute Bill No. 1231
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	394	+	hold a hearing on the matter not later than ten days after receipt of such 320
	395	+	health care guardian's report and shall, in deciding whether to order the 321
	396	+	involuntary medication of the defendant, take into account such health 322
	397	+	care guardian's opinion concerning the health care interests of the 323
	398	+	defendant. 324
	399	+	(B) The court, in anticipation of considering continued involuntary 325
	400	+	medication of the defendant under subdivision (4) of this subsection, 326
	401	+	shall order the health care guardian to file a supplemental report 327
	402	+	updating the findings and recommendations contained in the health 328
	403	+	care guardian's report filed under subparagraph (A) of this subdivision. 329
	404	+	(4) If, after the defendant has been found to have attained competency 330
	405	+	by means of involuntary medication ordered under subdivision (2) of 331
	406	+	this subsection, the court determines by clear and convincing evidence 332
	407	+	that the defendant will not remain competent absent the continued 333
	408	+	administration of psychiatric medication for which the defendant is 334
	409	+	unable to provide consent, and after any hearing held pursuant to 335
	410	+	subdivision (3) of this subsection and consideration of the supplemental 336
	411	+	report of the health care guardian, the court may order continued 337
	412	+	involuntary medication of the defendant if the court finds by clear and 338
	413	+	convincing evidence that: (A) To a reasonable degree of medical 339
	414	+	certainty, continued involuntary medication of the defendant will 340
	415	+	maintain the defendant's competency to stand trial, (B) an adjudication 341
	416	+	of guilt or innocence cannot be had using less intrusive means, (C) the 342
	417	+	proposed treatment plan is narrowly tailored to minimize intrusion on 343
	418	+	the defendant's liberty and privacy interests, (D) the proposed drug 344
	419	+	regimen will not cause an unnecessary risk to the defendant's health, 345
	420	+	and (E) the seriousness of the alleged crime is such that the criminal law 346
	421	+	enforcement interest of the state in fairly and accurately determining the 347
	422	+	defendant's guilt or innocence overrides the defendant's interest in self-348
	423	+	determination. Continued involuntary medication ordered under this 349
	424	+	subdivision may be administered to the defendant while the criminal 350
	425	+	charges against the defendant are pending and the defendant is in the 351
	426	+	custody of the Commissioner of Correction or the Commissioner of 352
	427	+	Mental Health and Addiction Services. An order for continued 353 Raised Bill No. 1231
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440		-	the state in fairly and accurately determining the defendant's guilt or 356
441		-	innocence overrides the defendant's interest in self-determination. 357
442		-	Continued involuntary medication ordered under this subdivision 358
443		-	may be administered to the defendant while the criminal charges 359
444		-	against the defendant are pending and the defendant is in the custody 360
445		-	of the Commissioner of Correction or the Commissioner of Mental 361
446		-	Health and Addiction Services. An order for continued involuntary 362
447		-	medication of the defendant under this subdivision shall be reviewed 363
448		-	by the court every one hundred eighty days while such order remains 364
449		-	in effect. The court shall order the health care guardian to file a 365
450		-	supplemental report for each such review. After any hearing held 366
451		-	pursuant to subdivision (3) of this subsection and consideration of the 367
452		-	supplemental report of the health care guardian, the court may 368
453		-	continue such order if the court finds, by clear and convincing 369
454		-	evidence, that the criteria enumerated in subparagraphs (A) to (E), 370
455		-	inclusive, of this subdivision are met. 371
456		-	(5) The state shall hold harmless and indemnify any health care 372
457		-	guardian appointed by the court pursuant to subdivision (3) of this 373
458		-	subsection from financial loss and expense arising out of any claim, 374
459		-	demand, suit or judgment by reason of such health care guardian's 375
460		-	alleged negligence or alleged deprivation of any person's civil rights or 376
461		-	other act or omission resulting in damage or injury, provided the 377
462		-	health care guardian is found to have been acting in the discharge of 378
463		-	his or her duties pursuant to said subdivision and such act or omission 379
464		-	is found not to have been wanton, reckless or malicious. The 380
465		-	provisions of subsections (b), (c) and (d) of section 5-141d shall apply 381
466		-	to such health care guardian. The provisions of chapter 53 shall not 382
467		-	apply to a claim against such health care guardian. 383
468		-	(l) If a defendant who has been ordered placed for treatment on an 384
469		-	inpatient basis at a mental health facility or a facility for persons with 385
470		-	intellectual disability is released from such facility on a furlough or for 386
471		-	work, therapy or any other reason and fails to return to the facility in 387
472		-	accordance with the terms and conditions of the defendant's release, 388 Substitute Bill No. 1231
	431	+	LCO No. 6129 12 of 18
	432	+
	433	+	involuntary medication of the defendant under this subdivision shall be 354
	434	+	reviewed by the court every one hundred eighty days while such order 355
	435	+	remains in effect. The court shall order the health care guardian to file a 356
	436	+	supplemental report for each such review. After any hearing held 357
	437	+	pursuant to subdivision (3) of this subsection and consideration of the 358
	438	+	supplemental report of the health care guardian, the court may continue 359
	439	+	such order if the court finds, by clear and convincing evidence, that the 360
	440	+	criteria enumerated in subparagraphs (A) to (E), inclusive, of this 361
	441	+	subdivision are met. 362
	442	+	(5) The state shall hold harmless and indemnify any health care 363
	443	+	guardian appointed by the court pursuant to subdivision (3) of this 364
	444	+	subsection from financial loss and expense arising out of any claim, 365
	445	+	demand, suit or judgment by reason of such health care guardian's 366
	446	+	alleged negligence or alleged deprivation of any person's civil rights or 367
	447	+	other act or omission resulting in damage or injury, provided the health 368
	448	+	care guardian is found to have been acting in the discharge of his or her 369
	449	+	duties pursuant to said subdivision and such act or omission is found 370
	450	+	not to have been wanton, reckless or malicious. The provisions of 371
	451	+	subsections (b), (c) and (d) of section 5-141d shall apply to such health 372
	452	+	care guardian. The provisions of chapter 53 shall not apply to a claim 373
	453	+	against such health care guardian. 374
	454	+	(l) If a defendant who has been ordered placed for treatment on an 375
	455	+	inpatient basis at a mental health facility or a facility for persons with 376
	456	+	intellectual disability is released from such facility on a furlough or for 377
	457	+	work, therapy or any other reason and fails to return to the facility in 378
	458	+	accordance with the terms and conditions of the defendant's release, the 379
	459	+	person in charge of the facility, or such person's designee, shall, within 380
	460	+	twenty-four hours of the defendant's failure to return, report such 381
	461	+	failure to the prosecuting authority for the court location which ordered 382
	462	+	the placement of the defendant. Upon receipt of such a report, the 383
	463	+	prosecuting authority shall, within available resources, make 384
	464	+	reasonable efforts to notify any victim or victims of the crime for which 385
	465	+	the defendant is charged of such defendant's failure to return to the 386
	466	+	facility. No civil liability shall be incurred by the state or the prosecuting 387 Raised Bill No. 1231
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478	469
479		-	the person in charge of the facility, or such person's designee, shall, 389
480		-	within twenty-four hours of the defendant's failure to return, report 390
481		-	such failure to the prosecuting authority for the court location which 391
482		-	ordered the placement of the defendant. Upon receipt of such a report, 392
483		-	the prosecuting authority shall, within available resources, make 393
484		-	reasonable efforts to notify any victim or victims of the crime for which 394
485		-	the defendant is charged of such defendant's failure to return to the 395
486		-	facility. No civil liability shall be incurred by the state or the 396
487		-	prosecuting authority for failure to notify any victim or victims in 397
488		-	accordance with this subsection. The failure of a defendant to return to 398
489		-	the facility in which the defendant has been placed may constitute 399
490		-	sufficient cause for the defendant's rearrest upon order by the court. 400
491		-	(m) (1) If at any time the court determines that there is not a 401
492		-	substantial probability that the defendant will attain competency 402
493		-	within the period of treatment allowed by this section, or if at the end 403
494		-	of such period the court finds that the defendant is still not competent, 404
495		-	the court shall consider any recommendation made by the examiners 405
496		-	pursuant to subsection (d) of this section and any opinion submitted 406
497		-	by the treatment facility pursuant to subparagraph (C) of subsection (j) 407
498		-	of this section regarding eligibility for, and the appropriateness of, civil 408
499		-	commitment to a hospital for psychiatric disabilities and shall either 409
500		-	release the defendant from custody or order the defendant placed in 410
501		-	the custody of the Commissioner of Mental Health and Addiction 411
502		-	Services, the Commissioner of Children and Families or the 412
503		-	Commissioner of Developmental Services. If the court orders the 413
504		-	defendant placed in the custody of the Commissioner of Children and 414
505		-	Families or the Commissioner of Developmental Services, the 415
506		-	commissioner given custody, or the commissioner's designee, shall 416
507		-	then apply for civil commitment in accordance with sections 17a-75 to 417
508		-	17a-83, inclusive, or 17a-270 to 17a-282, inclusive. If the court orders 418
509		-	the defendant placed in the custody of the Commissioner of Mental 419
510		-	Health and Addiction Services, the court may order the commissioner, 420
511		-	or the commissioner's designee, to apply for civil commitment in 421
512		-	accordance with sections 17a-495 to 17a-528, inclusive, or order the 422 Substitute Bill No. 1231
	470	+	LCO No. 6129 13 of 18
	471	+
	472	+	authority for failure to notify any victim or victims in accordance with 388
	473	+	this subsection. The failure of a defendant to return to the facility in 389
	474	+	which the defendant has been placed may constitute sufficient cause for 390
	475	+	the defendant's rearrest upon order by the court. 391
	476	+	(m) (1) If at any time the court determines that there is not a 392
	477	+	substantial probability that the defendant will attain competency within 393
	478	+	the period of treatment allowed by this section, or if at the end of such 394
	479	+	period the court finds that the defendant is still not competent, the court 395
	480	+	shall consider any recommendation made by the examiners pursuant to 396
	481	+	subsection (d) of this section and any opinion submitted by the 397
	482	+	treatment facility pursuant to subparagraph (C) of subsection (j) of this 398
	483	+	section regarding eligibility for, and the appropriateness of, civil 399
	484	+	commitment to a hospital for psychiatric disabilities and shall either 400
	485	+	release the defendant from custody or order the defendant placed in the 401
	486	+	custody of the Commissioner of Mental Health and Addiction Services, 402
	487	+	the Commissioner of Children and Families or the Commissioner of 403
	488	+	Developmental Services. If the court orders the defendant placed in the 404
	489	+	custody of the Commissioner of Children and Families or the 405
	490	+	Commissioner of Developmental Services, the commissioner given 406
	491	+	custody, or the commissioner's designee, shall then apply for civil 407
	492	+	commitment in accordance with sections 17a-75 to 17a-83, inclusive, or 408
	493	+	17a-270 to 17a-282, inclusive. If the court orders the defendant placed in 409
	494	+	the custody of the Commissioner of Mental Health and Addiction 410
	495	+	Services, the court may order the commissioner, or the commissioner's 411
	496	+	designee, to apply for civil commitment in accordance with sections 17a-412
	497	+	495 to 17a-528, inclusive, or order the commissioner, or the 413
	498	+	commissioner's designee, to provide services to the defendant in a less 414
	499	+	restrictive setting, provided the examiners have determined in the 415
	500	+	written report filed pursuant to subsection (d) of this section or have 416
	501	+	testified pursuant to subsection (e) of this section that such services are 417
	502	+	available and appropriate. If the court orders the defendant placed in 418
	503	+	the custody of the Commissioner of Mental Health and Addiction 419
	504	+	Services and orders the commissioner to apply for civil commitment 420
	505	+	pursuant to this subsection, the court [may] shall order the 421 Raised Bill No. 1231
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518	508
519		-	commissioner, or the commissioner's designee, to provide services to 423
520		-	the defendant in a less restrictive setting, provided the examiners have 424
521		-	determined in the written report filed pursuant to subsection (d) of this 425
522		-	section or have testified pursuant to subsection (e) of this section that 426
523		-	such services are available and appropriate. If the court orders the 427
524		-	defendant placed in the custody of the Commissioner of Mental Health 428
525		-	and Addiction Services and orders the commissioner to apply for civil 429
526		-	commitment pursuant to this subsection, the court [may] shall order 430
527		-	the commissioner to give the court notice when the defendant is 431
528		-	released from the commissioner's custody if such release is prior to the 432
529		-	expiration of the time within which the defendant may be prosecuted 433
530		-	for the crime with which the defendant is charged [, provided] and 434
531		-	such order [indicates] shall indicate when such time expires. Upon 435
532		-	receipt of such notice by the court, the clerk shall docket the matter 436
533		-	which will result in any victim of the crime who has requested 437
534		-	notification through the state-wide automated victim information and 438
535		-	notification system being informed of case activity in the criminal 439
536		-	proceeding through such system. If the court orders the defendant 440
537		-	placed in the custody of the Commissioner of Developmental Services 441
538		-	for purposes of commitment under any provision of sections 17a-270 442
539		-	to 17a-282, inclusive, the court [may] shall order the Commissioner of 443
540		-	Developmental Services to give the court notice when the defendant's 444
541		-	commitment is terminated if such termination is prior to the expiration 445
542		-	of the time within which the defendant may be prosecuted for the 446
543		-	crime with which the defendant is charged [, provided] and such order 447
544		-	[indicates] shall indicate when such time expires. Upon receipt of such 448
545		-	notice by the court, the clerk shall docket the matter which will result 449
546		-	in any victim of the crime who has requested notification through the 450
547		-	state-wide automated victim information and notification system 451
548		-	being informed of case activity in the criminal proceeding through 452
549		-	such system. For purposes of this section, "victim" has the same 453
550		-	meaning as provided in section 1-1k. 454
551		-	(2) The court shall hear arguments as to whether the defendant 455
552		-	should be released or should be placed in the custody of the 456 Substitute Bill No. 1231
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	510	+
	511	+	commissioner to give the court and any victim of the crime with which 422
	512	+	the defendant is charged who is registered with the Office of Victim 423
	513	+	Services within the Judicial Department notice when the defendant is 424
	514	+	released from the commissioner's custody if such release is prior to the 425
	515	+	expiration of the time within which the defendant may be prosecuted 426
	516	+	for the crime with which the defendant is charged [, provided] and such 427
	517	+	order [indicates] shall indicate when such time expires. If the court 428
	518	+	orders the defendant placed in the custody of the Commissioner of 429
	519	+	Developmental Services for purposes of commitment under any 430
	520	+	provision of sections 17a-270 to 17a-282, inclusive, the court [may] shall 431
	521	+	order the Commissioner of Developmental Services to give the court 432
	522	+	and any victim of the crime with which the defendant is charged who is 433
	523	+	registered with the Office of Victim Services within the Judicial 434
	524	+	Department notice when the defendant's commitment is terminated if 435
	525	+	such termination is prior to the expiration of the time within which the 436
	526	+	defendant may be prosecuted for the crime with which the defendant is 437
	527	+	charged [, provided] and such order [indicates] shall indicate when such 438
	528	+	time expires. For purposes of this section, "victim" has the same meaning 439
	529	+	as provided in section 1-1k. 440
	530	+	(2) The court shall hear arguments as to whether the defendant 441
	531	+	should be released or should be placed in the custody of the 442
	532	+	Commissioner of Mental Health and Addiction Services, the 443
	533	+	Commissioner of Children and Families or the Commissioner of 444
	534	+	Developmental Services. 445
	535	+	(3) If the court orders the release of a defendant charged with the 446
	536	+	commission of a crime that resulted in the death or serious physical 447
	537	+	injury, as defined in section 53a-3, of another person, or with a violation 448
	538	+	of section 53a-70b of the general statutes, revision of 1958, revised to 449
	539	+	January 1, 2019, or subdivision (2) of subsection (a) of section 53-21, 450
	540	+	subdivision (2) of subsection (a) of section 53a-60 or section 53a-60a, 53a-451
	541	+	70, 53a-70a, 53a-71, 53a-72a or 53a-72b, or orders the placement of such 452
	542	+	defendant in the custody of the Commissioner of Mental Health and 453
	543	+	Addiction Services or the Commissioner of Developmental Services, the 454
	544	+	court may, on its own motion or on motion of the prosecuting authority, 455 Raised Bill No. 1231
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558	547
559		-	Commissioner of Mental Health and Addiction Services, the 457
560		-	Commissioner of Children and Families or the Comm issioner of 458
561		-	Developmental Services. 459
562		-	(3) If the court orders the release of a defendant charged with the 460
563		-	commission of a crime that resulted in the death or serious physical 461
564		-	injury, as defined in section 53a-3, of another person, or with a 462
565		-	violation of section 53a-70b of the general statutes, revision of 1958, 463
566		-	revised to January 1, 2019, or subdivision (2) of subsection (a) of 464
567		-	section 53-21, subdivision (2) of subsection (a) of section 53a-60 or 465
568		-	section 53a-60a, 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b, or orders 466
569		-	the placement of such defendant in the custody of the Commissioner 467
570		-	of Mental Health and Addiction Services or the Commissioner of 468
571		-	Developmental Services, the court may, on its own motion or on 469
572		-	motion of the prosecuting authority, order, as a condition of such 470
573		-	release or placement, periodic examinations of the defendant as to the 471
574		-	defendant's competency at intervals of not less than six months. If, at 472
575		-	any time after the initial periodic examination, the court finds again, 473
576		-	based upon an examiner's recommendation, that there is a substantial 474
577		-	probability that the defendant, if provided with a course of treatment, 475
578		-	will never regain competency, then any subsequent periodic 476
579		-	examination of the defendant as to the defendant's competency shall 477
580		-	be at intervals of not less than eighteen months. Such an examination 478
581		-	shall be conducted in accordance with subsection (d) of this section. 479
582		-	Periodic examinations ordered by the court under this subsection shall 480
583		-	continue until the court finds that the defendant has attained 481
584		-	competency or until the time within which the defendant may be 482
585		-	prosecuted for the crime with which the defendant is charged, as 483
586		-	provided in section 54-193, has expired, whichever occurs first. At any 484
587		-	point that the Commissioner of Mental Health and Addiction Services 485
588		-	or the Commissioner of Developmental Services, as applicable, intends 486
589		-	to release from such commissioner's custody a defendant charged with 487
590		-	the commission of a crime that resulted in the death or serious physical 488
591		-	injury, as defined in section 53a-3, of another person, or with a 489
592		-	violation of section 53a-70b of the general statutes, revision of 1958, 490 Substitute Bill No. 1231
	548	+	LCO No. 6129 15 of 18
	549	+
	550	+	order, as a condition of such release or placement, periodic 456
	551	+	examinations of the defendant as to the defendant's competency at 457
	552	+	intervals of not less than six months. If, at any time after the initial 458
	553	+	periodic examination, the court finds again, based upon an examiner's 459
	554	+	recommendation, that there is a substantial probability that the 460
	555	+	defendant, if provided with a course of treatment, will never regain 461
	556	+	competency, then any subsequent periodic examination of the 462
	557	+	defendant as to the defendant's competency shall be at intervals of not 463
	558	+	less than eighteen months. Such an examination shall be conducted in 464
	559	+	accordance with subsection (d) of this section. Periodic examinations 465
	560	+	ordered by the court under this subsection shall continue until the court 466
	561	+	finds that the defendant has attained competency or until the time 467
	562	+	within which the defendant may be prosecuted for the crime with which 468
	563	+	the defendant is charged, as provided in section 54-193, has expired, 469
	564	+	whichever occurs first. At no point may the Commissioner of Mental 470
	565	+	Health and Addiction Services or the Commissioner of Developmental 471
	566	+	Services, as applicable, release from such commissioner's custody a 472
	567	+	defendant charged with the commission of a crime that resulted in the 473
	568	+	death or serious physical injury, as defined in section 53a-3, of another 474
	569	+	person, or with a violation of section 53a-70b of the general statutes, 475
	570	+	revision of 1958, revised to January 1, 2019, or subdivision (2) of 476
	571	+	subsection (a) of section 53-21, subdivision (2) of subsection (a) of section 477
	572	+	53a-60 or section 53a-60a, 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b, 478
	573	+	without a final examination conducted in accordance with the 479
	574	+	provisions of this section. 480
	575	+	(4) Upon receipt of the written report as provided in subsection (d) of 481
	576	+	this section, the court shall, upon the request of either party filed not 482
	577	+	later than thirty days after the court receives such report, conduct a 483
	578	+	hearing as provided in subsection (e) of this section. Such hearing shall 484
	579	+	be held not later than ninety days after the court receives such report. If 485
	580	+	the court finds that the defendant has attained competency, the 486
	581	+	defendant shall be returned to the custody of the Commissioner of 487
	582	+	Correction or released, if the defendant has met the conditions for 488
	583	+	release, and the court shall continue with the criminal proceedings. 489 Raised Bill No. 1231
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598	586
599		-	revised to January 1, 2019, or subdivision (2) of subsection (a) of 491
600		-	section 53-21, subdivision (2) of subsection (a) of section 53a-60 or 492
601		-	section 53a-60a, 53a-70, 53a-70a, 53a-71, 53a-72a or 53a-72b, a state's 493
602		-	attorney may move for and the court may order an independent 494
603		-	evaluation of such defendant prior to the release from custody of such 495
604		-	defendant. 496
605		-	(4) Upon receipt of the written report as provided in subsection (d) 497
606		-	of this section, the court shall, upon the request of either party filed not 498
607		-	later than thirty days after the court receives such report, conduct a 499
608		-	hearing as provided in subsection (e) of this section. Such hearing shall 500
609		-	be held not later than ninety days after the court receives such report. 501
610		-	If the court finds that the defendant has attained competency, the 502
611		-	defendant shall be returned to the custody of the Commissioner of 503
612		-	Correction or released, if the defendant has met the conditions for 504
613		-	release, and the court shall continue with the criminal proceedings. 505
614		-	(5) The court shall dismiss, with or without prejudice, any charges 506
615		-	for which a nolle prosequi is not entered when the time within which 507
616		-	the defendant may be prosecuted for the crime with which the 508
617		-	defendant is charged, as provided in section 54-193, has expired. 509
618		-	Notwithstanding the record erasure provisions of section 54-142a, 510
619		-	police and court records and records of any state's attorney pertaining 511
620		-	to a charge which is nolled or dismissed without prejudice while the 512
621		-	defendant is not competent shall not be erased until the time for the 513
622		-	prosecution of the defendant expires under section 54-193. A 514
623		-	defendant who is not civilly committed as a result of an application 515
624		-	made by the Commissioner of Mental Health and Addiction Services, 516
625		-	the Commissioner of Children and Families or the Commissioner of 517
626		-	Developmental Services pursuant to this section shall be released. A 518
627		-	defendant who is civilly committed pursuant to such an application 519
628		-	shall be treated in the same manner as any other civilly committed 520
629		-	person. 521
630		-	(n) The cost of the examination effected by the Commissioner of 522
631		-	Mental Health and Addiction Services and of testimony of persons 523 Substitute Bill No. 1231
	587	+	LCO No. 6129 16 of 18
	588	+
	589	+	(5) The court shall dismiss, with or without prejudice, any charges for 490
	590	+	which a nolle prosequi is not entered when the time within which the 491
	591	+	defendant may be prosecuted for the crime with which the defendant is 492
	592	+	charged, as provided in section 54-193, has expired. Notwithstanding 493
	593	+	the record erasure provisions of section 54-142a, police and court 494
	594	+	records and records of any state's attorney pertaining to a charge which 495
	595	+	is nolled or dismissed without prejudice while the defendant is not 496
	596	+	competent shall not be erased until the time for the prosecution of the 497
	597	+	defendant expires under section 54-193. A defendant who is not civilly 498
	598	+	committed as a result of an application made by the Commissioner of 499
	599	+	Mental Health and Addiction Services, the Commissioner of Children 500
	600	+	and Families or the Commissioner of Developmental Services pursuant 501
	601	+	to this section shall be released. A defendant who is civilly committed 502
	602	+	pursuant to such an application shall be treated in the same manner as 503
	603	+	any other civilly committed person. 504
	604	+	(n) The cost of the examination effected by the Commissioner of 505
	605	+	Mental Health and Addiction Services and of testimony of persons 506
	606	+	conducting the examination effected by the commissioner shall be paid 507
	607	+	by the Department of Mental Health and Addiction Services. The cost 508
	608	+	of the examination and testimony by physicians appointed by the court 509
	609	+	shall be paid by the Judicial Department. If the defendant is indigent, 510
	610	+	the fee of the person selected by the defendant to observe the 511
	611	+	examination and to testify on the defendant's behalf shall be paid by the 512
	612	+	Public Defender Services Commission. The expense of treating a 513
	613	+	defendant placed in the custody of the Commissioner of Mental Health 514
	614	+	and Addiction Services, the Commissioner of Children and Families or 515
	615	+	the Commissioner of Developmental Services pursuant to subdivision 516
	616	+	(2) of subsection (h) of this section or subsection (i) of this section shall 517
	617	+	be computed and paid for in the same manner as is provided for persons 518
	618	+	committed by a probate court under the provisions of sections 17b-122, 519
	619	+	17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 520
	620	+	17b-197, inclusive, 17b-222 to 17b-250, inclusive, 17b-263, 17b-340 to 17b-521
	621	+	350, inclusive, 17b-689b and 17b-743 to 17b-747, inclusive. 522
	622	+	(o) Until the hearing is held, the defendant, if not released on a 523 Raised Bill No. 1231
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637	625
638		-	conducting the examination effected by the commissioner shall be paid 524
639		-	by the Department of Mental Health and Addiction Services. The cost 525
640		-	of the examination and testimony by physicians appointed by the 526
641		-	court shall be paid by the Judicial Department. If the defendant is 527
642		-	indigent, the fee of the person selected by the defendant to observe the 528
643		-	examination and to testify on the defendant's behalf shall be paid by 529
644		-	the Public Defender Services Commission. The expense of treating a 530
645		-	defendant placed in the custody of the Commissioner of Mental Health 531
646		-	and Addiction Services, the Commissioner of Children and Families or 532
647		-	the Commissioner of Developmental Services pursuant to subdivision 533
648		-	(2) of subsection (h) of this section or subsection (i) of this section shall 534
649		-	be computed and paid for in the same manner as is provided for 535
650		-	persons committed by a probate court under the provisions of sections 536
651		-	17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 537
652		-	17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, 17b-263, 538
653		-	17b-340 to 17b-350, inclusive, 17b-689b and 17b-743 to 17b-747, 539
654		-	inclusive. 540
655		-	(o) Until the hearing is held, the defendant, if not released on a 541
656		-	promise to appear, conditions of release, cash bail or bond, shall 542
657		-	remain in the custody of the Commissioner of Correction unless 543
658		-	hospitalized as provided in sections 17a-512 to 17a-517, inclusive. 544
659		-	(p) (1) This section shall not be construed to require the 545
660		-	Commissioner of Mental Health and Addiction Services to place any 546
661		-	defendant who presents a significant security, safety or medical risk in 547
662		-	a hospital for psychiatric disabilities which does not have the trained 548
663		-	staff, facilities or security to accommodate such a person, as 549
664		-	determined by the Commissioner of Mental Health and Addiction 550
665		-	Services in consultation with the Commissioner of Correction. 551
666		-	(2) If a defendant is placed for treatment with the Commissioner of 552
667		-	Mental Health and Addiction Services pursuant to subsection (i) of this 553
668		-	section and such defendant is not placed in a hospital for psychiatric 554
669		-	disabilities pursuant to a determination made by the Commissioner of 555
670		-	Mental Health and Addiction Services under subdivision (1) of this 556 Substitute Bill No. 1231
	626	+	LCO No. 6129 17 of 18
	627	+
	628	+	promise to appear, conditions of release, cash bail or bond, shall remain 524
	629	+	in the custody of the Commissioner of Correction unless hospitalized as 525
	630	+	provided in sections 17a-512 to 17a-517, inclusive. 526
	631	+	(p) (1) This section shall not be construed to require the 527
	632	+	Commissioner of Mental Health and Addiction Services to place any 528
	633	+	defendant who presents a significant security, safety or medical risk in 529
	634	+	a hospital for psychiatric disabilities which does not have the trained 530
	635	+	staff, facilities or security to accommodate such a person, as determined 531
	636	+	by the Commissioner of Mental Health and Addiction Services in 532
	637	+	consultation with the Commissioner of Correction. 533
	638	+	(2) If a defendant is placed for treatment with the Commissioner of 534
	639	+	Mental Health and Addiction Services pursuant to subsection (i) of this 535
	640	+	section and such defendant is not placed in a hospital for psychiatric 536
	641	+	disabilities pursuant to a determination made by the Commissioner of 537
	642	+	Mental Health and Addiction Services under subdivision (1) of this 538
	643	+	subsection, the defendant shall remain in the custody of the 539
	644	+	Commissioner of Correction. The Commissioner of Correction shall be 540
	645	+	responsible for the medical and psychiatric care of the defendant, and 541
	646	+	the Commissioner of Mental Health and Addiction Services shall 542
	647	+	remain responsible to provide other appropriate services to restore 543
	648	+	competency. 544
	649	+	(3) If a defendant remains in the custody of the Commissioner of 545
	650	+	Correction pursuant to subdivision (2) of this subsection and the court 546
	651	+	finds that the defendant is still not competent and will not attain 547
	652	+	competency within the remainder of the period covered by the 548
	653	+	placement order absent administration of psychiatric medication for 549
	654	+	which the defendant is unwilling or unable to provide consent, the court 550
	655	+	shall proceed as provided in subdivisions (2), (3) and (4) of subsection 551
	656	+	(k) of this section. Nothing in this subdivision shall prevent the court 552
	657	+	from making any other finding or order set forth in subsection (k) of this 553
	658	+	section. 554
	659	+	(q) This section shall not prevent counsel for the defendant from 555 Raised Bill No. 1231
671	660
672	661
673		-	LCO {\\PRDFS1\SCOUSERS\ANTONAKOSM \WS\2023SB-
674		-	01231-R01-SB.docx }
675		-	18 of 18
676	662
677		-	subsection, the defendant shall remain in the custody of the 557
678		-	Commissioner of Correction. The Commissioner of Correction shall be 558
679		-	responsible for the medical and psychiatric care of the defendant, and 559
680		-	the Commissioner of Mental Health and Addiction Services shall 560
681		-	remain responsible to provide other appropriate services to restore 561
682		-	competency. 562
683		-	(3) If a defendant remains in the custody of the Commissioner of 563
684		-	Correction pursuant to subdivision (2) of this subsection and the court 564
685		-	finds that the defendant is still not competent and will not attain 565
686		-	competency within the remainder of the period covered by the 566
687		-	placement order absent administration of psychiatric medication for 567
688		-	which the defendant is unwilling or unable to provide consent, the 568
689		-	court shall proceed as provided in subdivisions (2), (3) and (4) of 569
690		-	subsection (k) of this section. Nothing in this subdivision shall prevent 570
691		-	the court from making any other finding or order set forth in 571
692		-	subsection (k) of this section. 572
693		-	(q) This section shall not prevent counsel for the defendant from 573
694		-	raising, prior to trial and while the defendant is not competent, any 574
695		-	issue susceptible of fair determination. 575
696		-	(r) Actual time spent in confinement on an inpatient basis pursuant 576
697		-	to this section shall be credited against any sentence imposed on the 577
698		-	defendant in the pending criminal case or in any other case arising out 578
699		-	of the same conduct in the same manner as time is credited for time 579
700		-	spent in a correctional facility awaiting trial. 580
	663	+	LCO No. 6129 18 of 18
	664	+
	665	+	raising, prior to trial and while the defendant is not competent, any issue 556
	666	+	susceptible of fair determination. 557
	667	+	(r) Actual time spent in confinement on an inpatient basis pursuant 558
	668	+	to this section shall be credited against any sentence imposed on the 559
	669	+	defendant in the pending criminal case or in any other case arising out 560
	670	+	of the same conduct in the same manner as time is credited for time 561
	671	+	spent in a correctional facility awaiting trial. 562
701	672		This act shall take effect as follows and shall amend the following
702	673		sections:
703	674
704	675		Section 1 October 1, 2023 54-56d
705	676
706		-	JUD Joint Favorable Subst.
	677	+	Statement of Purpose:
	678	+	To revise laws concerning defendants who are found not competent to
	679	+	stand trial and their early release into the community by providing for
	680	+	(1) better notice to victims and their families, (2) independent
	681	+	examinations, (3) an extension of the period of placement and
	682	+	monitoring under a placement order, and (4) one final exam before
	683	+	release.
	684	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	685	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	686	+	underlined.]
707	687