CHAPTER 319i*
PERSONS WITH PSYCHIATRIC DISABILITIES

*Annotations to former part Ib of chapter 306:
Patients' bill of rights, Secs. 17-206a−17-206k cited. 213 C. 548, 549, 551, 552, 555, 556, 558, 559, 561, 562.
Annotations to present part III:
Patient's bill of rights, Sec. 17a-540 et seq. cited. 233 C. 44, 77, 78.

Sec. 17a-540. (Formerly Sec. 17-206a). Definitions. When used in sections 17a- 540 to 17a-550, inclusive, unless otherwise expressly stated or unless the context otherwise requires:
(a) "Facility" means any inpatient or outpatient hospital, clinic, or other facility for the diagnosis, observation or treatment of persons with psychiatric disabilities;
(b) "Patient" means any person being treated in a facility;
(c) "Persons with psychiatric disabilities" means those children and adults who are suffering from one or more mental disorders as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";
(d) "Voluntary patient" means any patient sixteen years of age or older who applies in writing for and is admitted to a hospital for observation, diagnosis or treatment of a mental disorder or any patient under sixteen years of age whose parent or legal guardian applies in writing for such observation, diagnosis or treatment;
(e) "Involuntary patient" means any patient hospitalized pursuant to an order of a judge of the Probate Court after an appropriate hearing or a patient hospitalized for emergency diagnosis, observation or treatment upon certification of a qualified physician;
(f) "Family" means spouse or next of kin;
(g) "Head of the hospital" or "head of the facility" means the superintendent or medical director of a hospital or facility, or his designated delegate;
(h) "Informed consent" means permission given competently and voluntarily after a patient has been informed of the reason for treatment, the nature of the proposed treatment, the advantages or disadvantages of the treatment, medically acceptable alternative treatment, the risks associated with receiving the proposed treatment and the risk of no treatment;
(i) "Medically harmful" means capable of inflicting serious mental or physical injury on the patient, or producing in the patient a disturbed mental state or impaired judgment which may be grossly detrimental to his physical or mental well being;
(j) "Psychosurgery" means those operations defined as lobotomy, psychiatric surgery, behavioral surgery, and all other forms of brain surgery, if the surgery is performed for the purpose of modification or control of thoughts, feelings, actions, or behavior rather than the treatment of a known and diagnosed physical disease of the brain;
(k) "Shock therapy" means a form of psychiatric treatment in which electric current, insulin, carbon dioxide, or indoklon, or other similar agents is administered to the patient and results in a loss of consciousness or a convulsive or comatose reaction;
(1) "Direct threat of harm" means that the patient's clinical history demonstrates a pattern of serious physical injury or life-threatening injury to self or to others which is caused by the psychiatric disabilities with which the patient has been diagnosed and is documented by objective medical and other factual evidence. Such evidence of past pattern of dangerous behavior shall be manifested in the patient's medical history and there shall exist a high probability that the patient will inflict substantial harm on himself or others.
(1971, P.A. 834, S. 1; P.A. 74-8, S. 1, 2; 74-9, S. 1, 2; P.A. 78-219, S. 5; P.A. 93-369, S. 2; P.A. 95-257, S. 48, 58.)
History: P.A. 74-8 redefined "voluntary patient" by replacing "over sixteen years of age" with "sixteen years of age or older"; P.A. 74-9 added Subdiv. (i) defining "medically harmful"; P.A. 78-219 defined "psychosurgery" and "shock therapy" in new Subdivs. (j) and (k) and referred to "most recent" edition of Manual of Mental Disorders in Subdiv. (c) rather than the "second" "1968" edition; Sec. 17-206a transferred to Sec. 17a-540 in 1991; P.A. 93-369 changed "the mentally disordered" to "persons with a mental illness", redefined "informed consent" and added definition of "direct threat of harm"; P.A. 95-257 replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995.
Annotations to former section 17-206a:
Cited. 17 CA 130, 134, 135.
Sixteen-year-old voluntary patient's rights same as adult. 30 CS 320.
Subsec. (a):
Cited. 213 C. 548, 557.
Subsec. (b):
Cited. 213 C. 548, 557.
Subsec. (d):
Cited. 213 C. 548, 557.
Subsec. (e):
Cited. 213 C. 548, 557.
Subsec. (d):
Cited. 33 CS 191, 193.
Annotations to present section:
Cited. 233 C. 44, 77.
Cited. 44 CS 53−55.

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Sec. 17a-541. (Formerly Sec. 17-206b). Deprivation of rights of patient prohibited. Exception. No patient hospitalized or treated in any public or private facility for the treatment of persons with psychiatric disabilities shall be deprived of any personal, property or civil rights, including the right to vote, hold or convey property, and enter into contracts, except in accordance with due process of law, and unless such patient has been declared incapable pursuant to sections 45a-644 to 45a-662, inclusive. Any finding of incapability shall specifically state which civil or personal rights the patient is incapable of exercising.
(1971, P.A. 834, S. 2; P.A. 93-369, S. 3; P.A. 95-257, S. 48, 58; P.A. 96-202, S. 1; June Sp. Sess. P.A. 98-1, S. 15, 121.)
History: Sec. 17-206b transferred to Sec. 17a-541 in 1991; P.A. 93-369 changed "the mentally disordered" to "persons with a mental illness"; P.A. 95-257 substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995; P.A. 96-202 changed "incompetent" to "incapable"; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998.
Annotations to former section 17-206b:
Cited. 210 C. 806. Right to treatment and safe environment applies whether confinement voluntary or involuntary. 213 C. 548−558, 568−572. Cited. 230 C. 828, 839. Cited. 235 C. 426, 436.
Cited. 17 CA 130−138, 141.
A child 17 years of age may demand, on his own authority, release from a psychiatric institution to which he was voluntarily admitted at 15 years of age upon written request of his parents. 30 CS 886.
Annotations to present section:
Cited. 235 C. 426, 436.
Cited. 44 CS 53−55.

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Sec. 17a-542. (Formerly Sec. 17-206c). Humane and dignified treatment required. Formulation of discharge plan. Every patient treated in any facility for treatment of persons with psychiatric disabilities shall receive humane and dignified treatment at all times, with full respect for his personal dignity and right to privacy. Each patient shall be treated in accordance with a specialized treatment plan suited to his disorder. Such treatment plan shall include a discharge plan which shall include, but not be limited to, (1) reasonable notice to the patient of his impending discharge, (2) active participation by the patient in planning for his discharge and (3) planning for appropriate aftercare to the patient upon his discharge.
(1971, P.A. 834, S. 3; P.A. 82-329, S. 1, 3; P.A. 93-369, S. 4; P.A. 95-257, S. 48, 58.)
History: P.A. 82-329 clarified that specialized treatment plans include a discharge plan; Sec. 17-206c transferred to Sec. 17a-542 in 1991; P.A. 93-369 changed "the mentally disordered" to "persons with a mental illness"; P.A. 95-257 substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995.
Annotations to former section 17-206c:
Cited. 210 C. 806. Issue is whether good faith efforts made to improve health. 213 C. 548−555, 557, 558, 562−568. Cited. 221 C. 346, 353.
Cited. 13 CA 493, 496. Cited. 17 CA 130−142.
Annotations to present section:
Cited. 233 C. 44, 78, 79, 85.
Cited. 44 CS 53−55.

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Sec. 17a-543. (Formerly Sec. 17-206d). Procedures governing medication, treatment, psychosurgery and shock therapy. (a) No patient shall receive medication for the treatment of the psychiatric disabilities of such patient without the informed consent of such patient, except in accordance with procedures set forth in subsections (b), (d), (e) and (f) of this section or in accordance with section 17a-566 or 54-56d.
(b) No medical or surgical procedures may be performed without the patient's written informed consent or, if the patient has been declared incapable of caring for himself or herself pursuant to sections 45a-644 to 45a-662, inclusive, and a conservator of the person has been appointed pursuant to section 45a-650, the written consent of such conservator. If the head of the hospital, in consultation with a physician, determines that the condition of an involuntary patient not declared incapable of caring for himself or herself pursuant to said sections is of an extremely critical nature and such patient is incapable of informed consent, medical or surgical procedures may be performed with the written informed consent of: (1) The patient's conservator or guardian, if he or she has one; or (2) such person's next of kin; or (3) a qualified physician appointed by a judge of the Probate Court. Notwithstanding the provisions of this section, if obtaining the consent provided for in this section would cause a medically harmful delay to a voluntary or involuntary patient whose condition is of an extremely critical nature, as determined by personal observation by a physician or the senior clinician on duty, emergency treatment may be provided without consent.
(c) No psychosurgery or shock therapy shall be administered to any patient without such patient's written informed consent, except as provided in this subsection. Such consent shall be for a maximum period of thirty days and may be revoked at any time. If it is determined by the head of the hospital and two qualified physicians that the patient has become incapable of giving informed consent, shock therapy may be administered upon order of the Court of Probate if, after hearing, such court finds that the patient is incapable of informed consent and there is no other reasonable alternative procedure.
(d) A facility may establish an internal procedure governing decisions concerning involuntary medication treatment for inpatients. This procedure shall provide (1) that any decision concerning involuntary medication treatment shall be made by a person who is not employed by the facility in which the patient is receiving treatment, provided the selection of such person shall not be made until the patient's advocate has had reasonable opportunity to discuss such selection with the facility, (2) written and oral notification to the patient of available advocacy services, (3) notice to the patient and his advocate, if one has been chosen, of any proceeding for the determination of the necessity for involuntary treatment not less than forty-eight hours prior to such proceeding, (4) the right of the patient to representation during any such proceeding, (5) questioning of any witness at any such proceeding including, if requested, one or both of the physicians who made the determination pursuant to subsection (e) of this section concerning the patient's capacity to give informed consent and the necessity of medication for the patient's treatment, and (6) a written decision. If a decision is made in accordance with the standards set forth in this section that a patient shall receive involuntary medication, and there is substantial probability that without such medication for the treatment of the psychiatric disabilities of such patient the condition of the patient will rapidly deteriorate, such involuntary medication may be provided for a period not to exceed thirty days or until a decision is made by the Probate Court under subsection (e) or (f), whichever is sooner.
(e) (1) If it is determined by the head of the hospital and two qualified physicians that a patient is incapable of giving informed consent to medication for the treatment of such patient's psychiatric disabilities and such medication is deemed to be necessary for such patient's treatment, a facility may utilize the procedures established in subsection (d) of this section and may apply to the Court of Probate for appointment of a conservator of the person with specific authority to consent to the administration of medication or, in a case where a conservator of the person has previously been appointed under section 45a-650, the facility or the conservator may petition the Probate Court to grant such specific authority to the conservator. The conservator shall meet with the patient and the physician, review the patient's written record and consider the risks and benefits from the medication, the likelihood and seriousness of adverse side effects, the preferences of the patient, the patient's religious views, and the prognosis with and without medication. After consideration of such information, the conservator shall either consent to the patient receiving medication for the treatment of the patient's psychiatric disabilities or refuse to consent to the patient receiving such medication.
(2) The authority of a conservator to consent to the administration of medication under subdivision (1) of this subsection shall be effective for no more than one hundred twenty days. In the case of continuous hospitalization of the patient beyond such one hundred twenty days, if the head of the hospital and two qualified physicians determine that the patient continues to be incapable of giving informed consent to medication for the treatment of such patient's psychiatric disabilities and such medication is deemed to be necessary for such patient's treatment, the authority of the conservator to consent to the administration of medication may be extended for a period not to exceed one hundred twenty days by order of the Probate Court without a hearing upon application by the head of the hospital. Prompt notice of the order shall be given to the patient, conservator and facility.
(f) (1) If it is determined by the head of the hospital and two qualified physicians that (A) a patient is capable of giving informed consent but refuses to consent to medication for treatment of such patient's psychiatric disabilities, (B) there is no less intrusive beneficial treatment and (C) without medication, the psychiatric disabilities with which the patient has been diagnosed will continue unabated, and place the patient or others in direct threat of harm, as defined in subsection (l) of section 17a-540, the facility may utilize the procedures established in subsection (d) of this section and may apply to the Court of Probate to authorize the administration to the patient of medication for the treatment of the patient's psychiatric disabilities, despite the refusal of the patient to consent to such medication.
(2) An order authorizing the administration of medication under subdivision (1) of this subsection shall be effective for no more than one hundred twenty days. In the case of continuous hospitalization of the patient beyond such one hundred twenty days, if the head of the hospital and two qualified physicians determine that (A) the patient continues to be capable of giving informed consent but refuses to consent to medication for treatment of such patient's psychiatric disabilities, (B) there is no less intrusive beneficial treatment and (C) without medication, the psychiatric disabilities with which the patient has been diagnosed will continue unabated, and place the patient or others in direct threat of harm, as defined in subsection (l) of section 17a-540, the order may be extended for a period not to exceed one hundred twenty days by order of the Probate Court without a hearing. Prompt notice of the order shall be given to the patient and facility.
(g) If a decision has been made to administer involuntary medication to a patient pursuant to subsection (d) of this section, the patient may petition the Court of Probate to expedite the hearing on an application filed by the facility pursuant to subsection (e) or (f) of this section or, if no application has been filed, to hold a hearing to decide whether to allow the administration of involuntary medication. Either hearing shall be held within fifteen days after the date of the patient's petition.
(h) For the purposes of this section, "voluntary patient" means any patient sixteen years of age or older who applies in writing for, and is admitted to, a hospital for observation, diagnosis or treatment of a mental disorder.
(i) Unless there is a serious risk of harm to the patient or others, based upon the patient's past history or current condition, nothing in this section authorizes any form of involuntary medical, psychological or psychiatric treatment of any patient who in the sincere practice of his religious beliefs is being treated by prayer alone in accordance with the principles and practices of a church or religious denomination by a duly accredited practitioner or ordained minister, priest or rabbi thereof. The Department of Mental Health and Addiction Services shall adopt regulations, in accordance with chapter 54, to implement the purposes of this subsection.
(1971, P.A. 834, S. 4; P.A. 74-35, S. 1, 2; P.A. 76-227, S. 6, 7; P.A. 77-4, S. 1, 2; 77-595, S. 9; P.A. 78-219, S. 1; P.A. 80-189, S. 3; P.A. 93-369, S. 1; P.A. 95-257, S. 5, 11, 48, 58; P.A. 96-180, S. 47, 166; 96-202, S. 2; 96-215, S. 1, 4; June 18 Sp. Sess. P.A. 97-8, S. 2, 88.)
History: P.A. 74-35 set forth conditions under which patient may be treated by procedures without his consent; P.A. 76-227 added feminine personal pronouns and forbade facility to require blanket consent to all procedures as condition of admission or treatment; P.A. 77-4 and 77-595 changed effective date of 1976 act from March 1, 1977, to October 1, 1977; P.A. 78-219 divided section into Subsecs. (a) to (c) and (e), prohibited forcing patients to accept unwanted medication or treatment except as provided, deleted references to electroshock therapy in previous provisions, deleted proviso for performing procedures on voluntary patient without his consent, replaced requirement that patient's condition would be "immediately fatal" with "extremely critical" condition for emergency procedure with no one's consent and required one rather than two consulting physicians and inserted new Subsec. (d) re psychosurgery and shock therapy; P.A. 80-189 clarified consent provisions re involuntary patients in Subsec. (b); Sec. 17-206d transferred to Sec. 17a-543 in 1991; P.A. 93-369 revised section by deleting former provisions re treatment of involuntary patients and substituting provisions that (1) no patient shall receive medication or treatment of mental illness without informed consent of patient, except in accordance with section or Sec. 17a-566 or 54-56d, (2) no medical or surgical procedures may be performed without written informed consent of patient or conservator, unless condition is of critical nature, specifying that emergency treatment may be provided without consent, (3) facility may establish internal procedures re involuntary medication treatment of inpatients and added provisions re content of such procedures, duration of order for medication, expedited hearing in probate court re order for involuntary medication and definition of voluntary patient; P.A. 95-257 replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995; P.A. 96-180 made a technical correction in Subsec. (f), substituting reference to Subsec. (l) for Subsec. (h) of Sec. 17a-540, effective June 3, 1996; P.A. 96-202 made technical change in Subsec. (b) (1) adding reference to conservators; P.A. 96-215 inserted new Subdiv. (3) of Subsec. (d) requiring procedures to provide notice to patient or advocate re proceeding to determine necessity of involuntary treatment not less than forty-eight hours prior to proceedings and new Subdiv. (5) re questioning of physicians who made determination of capacity to give informed consent and necessity of medication, renumbering prior Subdivs. as necessary; amended Subdiv. (1) of Subsec. (e) re appointment of conservator with specific authority and added Subdiv. (2) re authority of conservator to consent to medication; amended Subsec. (f) by adding Subdiv. (2) re duration of order authorizing administration of medication; deleted former Subsec. (g) re duration of medication order and hearing, relettering former Subsecs. (h) and (i) accordingly; amended redesignated Subdiv. (h) by changing age of "voluntary patient" from eighteen to sixteen years of age; added Subsec. (i) re treatment by prayer alone unless serious risk of harm to patient or others and added Subsec. (j) re regulations (Revisor's note: P.A. 95-257 authorized substitution of "Department of Mental Health and Addiction Services" for "Department of Mental Health" in public and special acts of the 1996 session of the General Assembly); June 18 Sp. Sess. P.A. 97-8 combined the former Subsec. (j) with Subsec. (i) limiting the regulations requirement to (i) re religious beliefs, effective July 1, 1997.
Annotation to former section 17-206d:
Cited. 17 CA 130, 134, 135.
Annotations to present section:
Cited. 233 C. 44, 78, 90.
Cited. 44 CS 53−55, 59.
Subsec. (a):
Cited. 233 C. 44, 77.
Cited. 44 CS 53, 55, 56.
Subsec. (b):
Cited. 44 CS 53, 55−57, 59.
Subsec. (d):
Cited. 44 CS 53, 55−57, 59.
Subsec. (e):
Cited. 44 CS 53, 55−57, 59.
Subsec. (f):
Cited. 233 C. 44, 75.
Cited. 44 CS 53, 56, 59.

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Sec. 17a-544. (Formerly Sec. 17-206e). Placement of patient in seclusion or mechanical restraint. Medication not to be used as substitute for habilitation. (a) No patient may be placed involuntarily in seclusion or a mechanical restraint unless necessary because there is imminent physical danger to the patient or others and a physician so orders. A written memorandum of such order, and the reasons therefor, shall be placed in the patient's permanent clinical record within twenty-four hours.
(b) Medication shall not be used as a substitute for an habilitation program.
(1971, P.A. 834, S. 5; P.A. 78-219, S. 2.)
History: P.A. 78-219 clarified provisions re placement of patient in seclusion, required that memorandum re seclusion of patient be included in clinical record within twenty-four hours and added Subsec. (b); Sec. 17-206e transferred to Sec. 17a-544 in 1991.
Annotation to former section 17-206e:
Cited. 17 CA 130, 134, 135.

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Sec. 17a-545. (Formerly Sec. 17-206f). Physical and psychiatric examinations. Every patient hospitalized under any of sections 17a-540 to 17a-550, inclusive, shall receive a physical examination within five days of his hospitalization, and at least once each year thereafter. Every patient shall be examined by a psychiatrist within forty-eight hours of his hospitalization, and at least once each six months thereafter. Reports of all physical and psychiatric examinations shall be completed and signed by the examining physicians and made a part of the patient's permanent clinical record.
(1971, P.A. 834, S. 6.)
History: Sec. 17-206f transferred to Sec. 17a-545 in 1991.
Annotations to former section 17-206f:
Cited. 17 CA 130, 134, 135.
A child 17 years of age may demand, on his own authority, release from a psychiatric institution to which he was voluntarily admitted at 15 years of age upon written request of his parents. 30 CS 886.

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Sec. 17a-547. (Formerly Sec. 17-206h). Visitors. Restrictions on mail, telephone and visitor privileges, when allowed. (a) Every patient shall be permitted to receive visitors at regular visiting hours, except as herein provided. The head of the hospital shall: (1) Establish visiting hours, and inform all patients and their families and other visitors of these hours; and (2) designate the areas of the hospital where a patient may receive visitors, and inform all patients and their families and other visitors of these areas.
(b) If, because of extenuating circumstances, a patient's family cannot visit during the regular visiting hours, the head of the hospital shall designate one two-hour period per week, at a mutually convenient time, during which the patient's family may visit the patient.
(c) A patient's clergyman, lawyer or physician may visit the patient at any reasonable time.
(d) If the head of the hospital determines that it is medically harmful for the patient to receive visitors, he shall so inform the patient's family and other visitors. When the patient has recovered sufficiently to receive visitors, the head of the hospital shall immediately notify the patient's family and other visitors who have requested notification. A copy of the notification of any restriction of visitors, and the reasons therefor, shall be signed by the head of the hospital and placed in the patient's permanent clinical record.
(e) The provisions of this section shall not apply to any patient in a program or facility for the treatment of drug-dependent persons.
(f) No restriction of any patient's rights to send and receive mail, make and receive telephone calls, or receive visitors shall be made in any manner, or for any reasons, other than prescribed in section 17a-546 and this section.
(1971, P.A. 834, S. 8; P.A. 78-219, S. 3; P.A. 82-329, S. 2, 3.)
History: P.A. 78-219 added Subsec. (f) re patient's communication rights; P.A. 82-329 amended Subsec. (a) to require the head of a facility for the mentally disordered to designate those areas of the hospital where a patient may receive visitors; Sec. 17-206h transferred to Sec. 17a-547 in 1991.
Annotations to former section 17-206h:
Cited. 213 C. 548, 561.
Cited. 17 CA 130, 134, 135.

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Sec. 17a-548. (Formerly Sec. 17-206i). Patient's rights re clothing, possessions, money and access to records. List of rights to be posted. (a) Any patient shall be permitted to wear his or her own clothes; to keep and use personal possessions including toilet articles; except for patients hospitalized in Whiting Forensic Division; to be present during any search of his personal possessions; to have access to individual storage space for such possessions; and in such manner as determined by the facility to spend a reasonable sum of his or her own money for canteen expenses and small purchases. These rights shall be denied only if the superintendent, director, or his authorized representative determines that it is medically harmful to the patient to exercise such rights. An explanation of such denial shall be placed in the patient's permanent clinical record.
(b) In connection with any litigation related to hospitalization, or at any time following discharge from the facility, any patient or his or her attorney shall have the right, upon written request, to inspect all of such patient's hospital records, and to make copies thereof. Unless the request is made in connection with any litigation related to hospitalization, a mental health facility, as defined in subdivision (5) of section 52-146d, may refuse to disclose any portion of a patient's record which the mental health facility determines: (1) Would create a substantial risk that the patient would inflict life-threatening injury to self or to others or experience a severe deterioration in mental state; (2) would constitute an invasion of privacy of another person; or (3) would violate an assurance of confidentiality furnished to another person, provided only such portion of the record the disclosure of which would not constitute an invasion of privacy of another person or violate an assurance of confidentiality furnished to another person shall be disclosed. Any patient aggrieved by a facility's refusal to disclose under this subsection may petition the Superior Court for relief in the same manner as a patient proceeding under section 4-105, except that in addition to notice and a hearing, the court may conduct an in camera review of the record. The court shall order disclosure of the record by such facility unless the court determines that the disclosure (A) would create a substantial risk that the patient would inflict life-threatening injury to self or to others or experience a severe deterioration in mental state, or (B) would constitute an invasion of privacy of another person, or (C) would violate an assurance of confidentiality furnished to another person, provided if the court orders disclosure of the record, only such portion of the record the disclosure of which would not constitute an invasion of privacy of another person or violate an assurance of confidentiality furnished to another person shall be disclosed.
(c) A list of all in-hospital rights shall be prominently posted in each ward where mental health services are provided. Such list shall include, but not be limited to, the right to leave, as afforded by subsection (a) of section 17a-506, the right to a hearing, as afforded by subsection (d) of section 17a-502, and the right to file a complaint, as afforded by the hospital's complaint procedure.
(d) Nothing in subsection (b) of this section shall limit a patient's right of access to his records under section 4-104.
(1971, P.A. 834, S. 9; P.A. 78-219, S. 4; P.A. 79-389, S. 1, 2; P.A. 93-119; P.A. 95-257, S. 20, 58; June 18 Sp. Sess. P.A. 97-8, S. 80, 88; P.A. 98-18.)
History: P.A. 78-219 wholly replaced previous provisions which had protected patients' communication rights, now incorporated as Subsec. (f) of Sec. 17-206h; P.A. 79-389 added provisions in Subsec. (b) re valid reasons for nondisclosure of record and court decision on validity of facility's refusal to disclose record and added Subsec. (d); Sec. 17-206i transferred to Sec. 17a-548 in 1991; P.A. 93-119 amended Subsec. (a) to permit patients to be present during any search of personal possessions except for patients in Whiting Forensic Institute; P.A. 95-257 substituted "Whiting Forensic Division" for "Whiting Forensic Institute", effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 amended Subsec. (b) to specify definition of mental health facility, to replace medically harmful with substantial risk language and to limit disclosure of records, effective July 1, 1997; P.A. 98-18 expanded Subsec. (c) to specifically include rights to leave, to a hearing and to file a complaint.
Annotations to former section 17-206i:
Cited. 213 C. 548, 561.
Cited. 17 CA 130, 134, 135.

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Sec. 17a-549. (Formerly Sec. 17-206j). Denial of employment, housing, licenses, because of history of mental disorder restricted. (a) No person shall be denied employment, housing, civil service rank, any license or permit, including a professional license, or any other civil or legal right, solely because of a present or past history of mental disorder, except as so provided by the general statutes.
(b) The burden shall be on the person or agency denying any such right to prove that the person so denied is not suitable solely because of his present or past history of mental disorder.
(1971, P.A. 834, S. 10.)
History: Sec. 17-206j transferred to Sec. 17a-549 in 1991.
Annotation to former section 17-206j:
Cited. 17 CA 130, 134, 135.

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Sec. 17a-550. (Formerly Sec. 17-206k). Remedies of aggrieved persons. Any person aggrieved by a violation of sections 17a-540 to 17a-549, inclusive, may petition the superior court within whose jurisdiction the person is or resides for appropriate relief, including temporary and permanent injunctions, or may bring a civil action for damages.
(1971, P.A. 834, S. 11; P.A. 76-436, S. 365, 681.)
History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 17-206k transferred to Sec. 17a-550 in 1991.
Annotations to former section 17-206k:
Cited. 210 C. 806. Abrogates state's sovereign immunity. 213 C. 548−553, 555−558, 562.
Authorizes "direct civil actions" against the state or its commissioners by patients of state mental health facilities aggrieved by violation of sections 17-206b and 17-206c. 17 CA 130, 131, 133−136, 141.
A child 17 years of age may demand, on his own authority, release from a psychiatric institution to which he was voluntarily admitted at 15 years of age upon written request of his parents. 30 CS 886.

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Secs. 17a-551 to 17a-559. Reserved for future use.

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PART IV
WHITING FORENSIC DIVISION

Sec. 17a-560. (Formerly Sec. 17-238). Definitions. As used in sections 17a-560 to 17a-576, inclusive, unless specifically provided otherwise, "division", means the Whiting Forensic Division, including the diagnostic unit established under the provisions of section 17a-562, or any other facility of the Department of Mental Health and Addiction Services which the commissioner may designate as appropriate. The words "institute" or "diagnostic unit" as used in sections 17a-566, 17a-567, 17a-570 and 17a- 576 when applied to children or youth under the age of eighteen, mean any facility of the Department of Children and Families designated by the Commissioner of Children and Families. "Board" means the advisory and review board appointed under the provisions of section 17a-565. "Commissioner" means the Commissioner of Mental Health and Addiction Services or in the case of children, the Commissioner of Children and Families.
(1957, P.A. 650, S. 1; P.A. 73-245, S. 2; P.A. 75-603, S. 13, 15; P.A. 80-470, S. 1, 11; P.A. 81-472, S. 38, 159; P.A. 91-121; P.A. 93-91, S. 1, 2; P.A. 95-257, S. 11, 20, 58.)
History: P.A. 73-245 defined "institute" rather than "center" reflecting change of security treatment center to Whiting Forensic Institute; P.A. 75-603 revised provisions to reflect transfer of programs, services, institutions etc. for children to control of department of children and youth services; P.A. 80-470 removed reference to repealed Sec. 17-246, referred to facilities rather than institutions and changed age limit with reference to children "or youth" from fifteen to eighteen; P.A. 81-472 made technical changes; Sec. 17-238 transferred to Sec. 17a-560 in 1991; P.A. 91-121 removed restriction on placing women in Whiting Forensic Institute; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and "Whiting Forensic Institute" with "Whiting Forensic Division", effective July 1, 1995.
Annotation to former section 17-238:
Cited. 41 CS 229, 244.

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Sec. 17a-560a. Whiting Forensic Division of Connecticut Valley Hospital substituted for Whiting Forensic Institute. (a) On and after July 1, 1995, wherever the words "Whiting Forensic Institute" are used or referred to in the following general statutes, the words "Whiting Forensic Division" shall be substituted in lieu thereof and wherever the word "institute" is used or referred to in the following general statutes, the word "division" shall be substituted in lieu thereof: 5-145a, 5-173, 5-192f, 17a-517, 17a-521, 17a-548 and 17a-560 to 17a-576, inclusive.
(b) If the term "Whiting Forensic Institute" is used or referred to in any public or special act of 1995 or 1996 or in any section of the general statutes which is amended in 1995 or 1996 it shall be deemed to mean or refer to the Whiting Forensic Division of the Connecticut Valley Hospital.
(P.A. 95-257, S. 20, 58.)
History: P.A. 95-257, S. 20 effective July 1, 1995.

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Sec. 17a-561. (Formerly Sec. 17-239). Persons to be treated at Whiting Forensic Division. The Whiting Forensic Division of the Connecticut Valley Hospital shall exist for the care and treatment of (1) patients with psychiatric disabilities, confined in facilities under the control of the Department of Mental Health and Addiction Services, who require care and treatment under maximum security conditions, (2) persons convicted of any offense enumerated in section 17a-566 who, after examination by the staff of the diagnostic unit of the division as herein provided, are determined to have psychiatric disabilities and be dangerous to themselves or others and to require custody, care and treatment at the division and (3) inmates in the custody of the Commissioner of Correction who are transferred in accordance with sections 17a-512 to 17a-517, inclusive, and who require custody, care and treatment at the division.
(1957, P.A. 650, S. 2; 1959, P.A. 426, S. 1; P.A. 73-245, S. 3; P.A. 80-470, S. 2, 11; P.A. 95-257, S. 18, 20, 58.)
History: 1959 act changed wording of Subdiv. (2) and deleted stipulation that persons convicted, etc., be mentally ill, mentally deficient or emotionally unbalanced; P.A. 73-245 replaced "security treatment center" with "Whiting Forensic Institute"; P.A. 80-470 reworded provisions; Sec. 17-239 transferred to Sec. 17a-561 in 1991; P.A. 95-257 replaced Whiting Forensic Institute with Whiting Forensic Division of the Connecticut Valley Hospital, replaced references to mentally ill persons with references to persons with psychiatric disabilities and replaced Department of Mental Health with Department of Mental Health and Addiction Services, effective July 1, 1995.
Annotations to former section 17-239:
Cited. 224 C. 168, 171.
Cited. 20 CA 737, 755, 756.
Cited. 41 CS 229, 241, 242.
Annotations to present section:
Cited. 224 C. 168, 171.

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Sec. 17a-562. (Formerly Sec. 17-240). Whiting Forensic Division under control and supervision of Department of Mental Health and Addiction Services. The Whiting Forensic Division of the Connecticut Valley Hospital shall be within the general administrative control and supervision of the Department of Mental Health and Addiction Services. The director, with the approval of the commissioner and the board, shall establish such subdivisions, which may be located geographically separate from the division, as may be deemed proper for the administrative control and the efficient operation thereof, one of which subdivisions shall be the diagnostic unit.
(1957, P.A. 650, S. 3; 1959, P.A. 208; P.A. 73-245, S. 4; P.A. 95-257, S. 19, 58.)
History: 1959 act deleted stipulation that divisions and subdivisions be within the center and added that they may be geographically separate; P.A. 73-245 replaced "center" with "institute" reflecting change of security treatment center to Whiting Forensic Institute; Sec. 17-240 transferred to Sec. 17a-562 in 1991; P.A. 95-257 replaced Whiting Forensic Institute with Whiting Forensic Division of the Connecticut Valley Hospital, replaced "divisions" with "subdivisions" and replaced Department of Mental Health with Department of Mental Health and Addiction Services, effective July 1, 1995.

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Sec. 17a-563. (Formerly Sec. 17-242). Appointment of staff. The director shall appoint, subject to chapter 67 and with the approval of the advisory and review board, adequate staff including psychiatrists, certified psychologists, social workers, a dentist and such other professional and clerical assistance as is necessary.
(1957, P.A. 650, S. 5.)
History: Sec. 17-242 transferred to Sec. 17a-563 in 1991.

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Sec. 17a-564. (Formerly Sec. 17-242a). Director to make report to board. The director of the Whiting Forensic Division shall quarterly make a report to the Board of Mental Health and Addiction Services on the affairs of the institute, including reports of reexaminations and recommendations.
(1959, P.A. 607, S. 2; P.A. 73-245, S. 5; P.A. 95-257, S. 13, 20, 29, 58.)
History: P.A. 73-245 replaced "security treatment center" with "Whiting Forensic Institute"; Sec. 17-242a transferred to Sec. 17a-564 in 1991; P.A. 95-257 replaced Whiting Forensic Institute with Whiting Forensic Division and Board of Mental Health with Board of Mental Health and Addiction Services, effective July 1, 1995.

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Sec. 17a-565. (Formerly Sec. 17-243). Advisory and review board. There shall be an advisory board for the division, constituted as follows: The Commissioner of Mental Health and Addiction Services, three physicians licensed to practice in this state, two of whom shall be psychiatrists, two attorneys of this state, at least one of whom shall be in active practice and have at least five years' experience in the trial of criminal cases, one licensed psychologist with experience in clinical psychology, one social worker who is masters level or higher, and one person actively engaged in business who shall have at least ten years' experience in business management. Annually, on October first, the Governor shall appoint a member or members to replace those whose terms expire for terms of five years each. The board shall elect a chairman and a secretary, who shall keep full and accurate minutes of its meetings and preserve the same. The board shall meet at the call of the chairman at least quarterly. Members of the board shall receive no compensation for their duties as such but shall be reimbursed for their actual expenses incurred in the course of their duties. Said board shall confer with the staff of the division and give general consultative and advisory services on problems and matters relating to its work. On any matter relating to the work of the division, the board may also confer with the warden or superintendent of the affected Connecticut correctional institution.
(1957, P.A. 650, S. 6; P.A. 73-245, S. 6; P.A. 86-186, S. 6; P.A. 91-278, S. 4; P.A. 93-216, S. 7; P.A. 94-10, S. 1, 2; P.A. 95-257, S. 11, 20, 58.)
History: P.A. 73-245 replaced "center" with "institute", reflecting change of "security treatment center" to "Whiting Forensic Institute" and replaced State Prison, Connecticut Reformatory and Connecticut State Farm for Women with Connecticut Correctional Institutions at Somers, Cheshire and Niantic; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; Sec. 17-243 transferred to Sec. 17a- 565 in 1991; P.A. 91-278 removed references to Mansfield Training School; P.A. 93-216 removed the reference to the Connecticut School for Boys; P.A. 94-10 changed the composition of the board to specify three physicians, two of whom are psychiatrists, deleted requirement that a staff psychiatrist from the Institute of Living be member, removed two professors one in sociology and one in psychology, replacing them with one licensed psychologist and one masters level social worker and raised the required experience in business management from ten to fifteen years for business representative, effective April 25, 1994; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted "division" for "institute", effective July 1, 1995.

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Sec. 17a-566. (Formerly Sec. 17-244). Certain convicted persons to be examined. Report and recommendation. (a) Except as provided in section 17a-574 any court prior to sentencing a person convicted of an offense for which the penalty may be imprisonment in the Connecticut Correctional Institution at Somers, or of a sex offense involving (1) physical force or violence, (2) disparity of age between an adult and a minor or (3) a sexual act of a compulsive or repetitive nature, may if it appears to the court that such person has psychiatric disabilities and is dangerous to himself or others, upon its own motion or upon request of any of the persons enumerated in subsection (b) of this section and a subsequent finding that such request is justified, order the commissioner to conduct an examination of the convicted defendant by qualified personnel of the division. Upon completion of such examination the examiner shall report in writing to the court. Such report shall indicate whether the convicted defendant should be committed to the diagnostic unit of the division for additional examination or should be sentenced in accordance with the conviction. Such examination shall be conducted and the report made to the court not later than fifteen days after the order for the examination. Such examination may be conducted at a correctional facility if the defendant is confined or it may be conducted on an outpatient basis at the division or other appropriate location. If the report recommends additional examination at the diagnostic unit, the court may, after a hearing, order the convicted defendant committed to the diagnostic unit of the division for a period not to exceed sixty days, except as provided in section 17a-567 provided the hearing may be waived by the defendant. Such commitment shall not be effective until the director certifies to the court that space is available at the diagnostic unit. While confined in said diagnostic unit, the defendant shall be given a complete physical and psychiatric examination by the staff of the unit and may receive medication and treatment without his consent. The director shall have authority to procure all court records, institutional records and probation or other reports which provide information about the defendant.
(b) The request for such examination may be made by the state's attorney or assistant state's attorney who prosecuted the defendant for an offense specified in this section, or by the defendant or his attorney in his behalf. If the court orders such examination, a copy of the examination order shall be served upon the defendant to be examined.
(c) Upon completion of the physical and psychiatric examination of the defendant, but not later than sixty days after admission to the diagnostic unit, a written report of the results thereof shall be filed in quadruplicate with the clerk of the court before which he was convicted, and such clerk shall cause copies to be delivered to the state's attorney, to counsel for the defendant and to the Office of Adult Probation.
(d) Such report shall include the following: (1) A description of the nature of the examination; (2) a diagnosis of the mental condition of the defendant; (3) an opinion as to whether the diagnosis and prognosis demonstrate clearly that the defendant is actually dangerous to himself or others and requires custody, care and treatment at the division; and (4) a recommendation as to whether the defendant should be sentenced in accordance with the conviction, sentenced in accordance with the conviction and confined in the institute for custody, care and treatment, placed on probation by the court or placed on probation by the court with the requirement, as a condition to probation, that he receive outpatient psychiatric treatment.
(1957, P.A. 650, S. 7; 1959, P.A. 426, S. 2; P.A. 73-245, S. 7; P.A. 80-470, S. 3, 11; P.A. 81-472, S. 39, 159; P.A. 85- 350, S. 1; P.A. 95-257, S. 20, 48, 58.)
History: 1959 act deleted prerequisite for finding in Subsec. (d)(3) as to whether defendant is mentally ill, mentally deficient or emotionally unbalanced and added requirement for opinion as to whether he is a danger to himself; P.A. 73- 245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute, and replaced "State Prison" with "Connecticut Correctional Institution, Somers"; P.A. 80-470 clarified provisions re psychiatric examinations of convicted offenders and treatment in lieu of or in addition to imprisonment; P.A. 81-472 made technical changes; P.A. 85-350 amended Subsec. (c) by replacing "triplicate" with "quadruplicate" and by requiring copies to be delivered to the office of adult probation; Sec. 17a-244 transferred to Sec. 17a-566 in 1991; P.A. 95-257 substituted "has psychiatric disabilities" for "is mentally ill" and "division" for "institute", effective July 1, 1995.
See Sec. 53-22 re court-ordered psychiatric examinations.
Annotations to former section 17-244:
Cited. 190 C. 327, 329, 331, 340, 341. Cited. 198 C. 397−401. Cited. 200 C. 224, 238−242. Cited. 205 C. 27, 32. Cited. 210 C. 304, 306. Cited. Id., 519, 523, 528. Cited. 216 C. 699, 703. Cited. 224 C. 168, 171, 173, 180, 184. Cited. 227 C. 448, 453.
Cited. 10 CA 546, 550. Cited. 12 CA 32, 34, 42. Cited. 20 CA 737, 739, 755, 756. Cited. 21 CA 172, 177, 179, 182. Cited. 22 CA 601, 603. Cited. 24 CA 13, 15, 23. Cited. 29 CA 386, 388. Cited. 36 CA 641, 645.
Cited. 41 CS 229, 233, 241.
Subsec. (a):
Cited. 190 C. 327, 330, 341. Cited. 200 C. 224, 241. Cited. 205 C. 27, 28. Cited. 224 C. 168, 173. Cited. 227 C. 448, 452.
Subsec. (b):
Cited. 227 C. 448, 452.
Subsec. (c):
Cited. 190 C. 327, 341.
Subsec. (d):
Subdiv. (4) cited. 190 C. 327, 328, 341, 342. Subdiv. (3) cited. 224 C. 168, 179.
Annotations to present section:
Cited. 224 C. 168, 171, 173, 180, 184. Cited. 227 C. 448, 453. Cited. Id., 928. Cited. 230 C. 591, 592, 607. Cited. 236 C. 31, 32, 34, 61−63. Cited. 237 C. 633.
Cited. 29 CA 386, 388. Cited. 32 CA 448, 449, 459. Cited. 36 CA 641, 645. Cited. 37 CA 500, 503; judgment reversed, see 237 C. 633 et seq.
Subsec. (a):
Cited. 224 C. 168, 173. Cited. 227 C. 448, 452. Cited. 237 C. 633.
Subsec. (b):
Cited. 227 C. 448, 452.
Subsec. (d):
Subdiv. (3) cited. 224 C. 168, 179.

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Sec. 17a-567. (Formerly Sec. 17-245). Disposition of defendant after report. (a) If the report recommends that the defendant be sentenced in accordance with the conviction, placed on probation by the court or placed on probation by the court with the requirement, as a condition of such probation, that he receive outpatient psychiatric treatment, the defendant shall be returned directly to the court for disposition. If the report recommends sentencing in accordance with the conviction and confinement in the division for custody, care and treatment, then during the period between the submission of the report and the disposition of the defendant by the court such defendant shall remain at the division and may receive such custody, care and treatment as is consistent with his medical needs.
(b) If the report recommends confinement at the division for custody, care and treatment, the court shall set the matter for a hearing not later than fifteen days after receipt of the report. Any evidence, including the report ordered by the court, regarding the defendant's mental condition may be introduced at the hearing by either party. Any staff member of the diagnostic unit who participated in the examination of the defendant and who signed the report may testify as to the contents of the report. The defendant may waive the court hearing.
(c) If at such hearing the court finds the defendant is not in need of custody, care and treatment at the division, it shall sentence him in accordance with the conviction or place him on probation. If the court finds that such person is in need of outpatient psychiatric treatment, it may place him on probation on condition that he receive such treatment. If the court finds such person to have psychiatric disabilities and to be dangerous to himself or others and to require custody, care and treatment at the division, it shall sentence him in accordance with the conviction and order confinement in the division for custody, care and treatment provided no court may order such confinement if the report does not recommend confinement at the division. The defendant shall not be subject to custody, care and treatment under sections 17a-560 to 17a-576, inclusive, beyond the maximum period specified in the sentence.
(1957, P.A. 650, S. 8; P.A. 73-245, S. 8; P.A. 80-470, S. 4, 11; P.A. 95-257, S. 20, 48, 58.)
History: P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute; P.A. 80-470 made previous provisions Subsecs. (a) and (c) with slight changes, adding proviso forbidding confinement at institution unless recommended by report, and inserted new Subsec. (b) re hearing on report; Sec. 17-245 transferred to Sec. 17a-567 in 1991; P.A. 95-257 substituted "have psychiatric disabilities" for "be mentally ill" and "division" for "institute", effective July 1, 1995.
Annotations to former section 17-245:
Cited. 190 C. 327, 331, 333, 340, 341. Cited. 200 C. 224, 240. Good conduct statutes do not require different treatment in computation of sentences between those sentenced and confined to Whiting Forensic Institute and those transferred to Whiting from correctional institutions. 205 C. 27−29, 35, 36, 38. Cited. 210 C. 519, 522, 523, 528. Cited. 224 C. 168−170, 173−186, 188.
Cited. 12 CA 32, 35, 42. Cited. 20 CA 737, 757. Cited. 21 CA 172, 177, 178, 182. Cited. 29 CA 386, 388.
Cited. 41 CS 229, 244.
Subsec. (a):
Cited. 224 C. 168, 175, 176.
Subsec. (b):
Statute creates rational classification designed as much to aid the defendant as it is to protect the rights of the state. 190 C. 327, 328, 334, 342, 343.
Subsec. (c):
Cited. 205 C. 27, 29, 33. Cited. 210 C. 519, 527. Cited. 224 C. 168, 175.
Cited. 12 CA 32, 42, 43. Cited. 20 CA 737, 757. Cited. 22 CA 199, 204.
Annotations to present section:
Section is constitutional; not in violation of separation of powers doctrine, due process or equal protection rights. 224 C. 168−170, 173−186, 188.
Cited. 29 CA 386, 388.
Subsec. (a):
Cited. 224 C. 168, 175, 176.
Subsec. (c):
Cited. 224 C. 168, 175.

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Sec. 17a-568. (Formerly Sec. 17-247). Other statutes not affected. Nothing in sections 17a-560 to 17a-576, inclusive, shall affect proceedings under sections 17a-580 to 17a-602, inclusive, 17b-249, 17b-250 and 54-56d.
(1957, P.A. 650, S. 10; 1967, P.A. 183, S. 2; P.A. 80-470, S. 5, 11; P.A. 85-506, S. 28, 32.)
History: 1967 act deleted reference to Sec. 17-181 which was repealed by same act; P.A. 80-470 deleted reference to repealed Secs. 54-37 and 54-38; P.A. 85-506 deleted reference to repealed Sec. 53a-47 and added reference to Secs. 17- 257a to 17-257w, inclusive; Sec. 17-247 transferred to Sec. 17a-568 in 1991.

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Sec. 17a-569. (Formerly Sec. 17-250). Periodic examinations of patients. Not less than once every six months the staff of the institute shall give a complete psychiatric examination to every patient confined in the division. As used in this section and sections 17a-570 to 17a-573, inclusive, the word "patient" means any person confined for custody, care and treatment under section 17a-567. Such examination shall ascertain whether the patient has psychiatric disabilities and is in need of custody, care and treatment at the division and, in making such determination, the staff shall assemble such information and follow such procedures as are used in initial examinations by the diagnostic unit to indicate the need for custody, care and treatment. The record of the examination shall include the information required in subdivisions (1), (2) and (3) of subsection (d) of section 17a-566 and a recommendation for the future treatment of the patient examined. The record of the examination may include a recommendation for transfer of the patient or change in confinement status.
(1957, P.A. 650, S. 13; 1959, P.A. 332, S. 2; P.A. 73-245, S. 11; P.A. 80-470, S. 6, 11; P.A. 95-257, S. 20, 48, 58.)
History: 1959 act specified that center rather than diagnostic unit give reexamination, deleted requirement that report of reexamination and recommendation be submitted to the board, and stated that examination record may include recommendation of transfer or change in confinement status of patient; P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute; P.A. 80-470 referred to examinations rather than reexaminations, required examination at least every six months rather than one year and made minor language changes; Sec. 17-250 transferred to Sec. 17a-569 in 1991; P.A. 95-257 substituted "has psychiatric disabilities" for "is mentally ill" and "division" for "institute", effective July 1, 1995.
Annotations to former section 17-250:
Cited. 205 C. 27, 34.
Cited. 12 CA 32, 35.

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Sec. 17a-570. (Formerly Sec. 17-251). Review of cases after periodic examinations. Disposition of cases: Further treatment, transfer, leave of absence, parole. (a) As soon as is practicable the director shall act upon the examination reports of his staff. Upon review of each report and upon consideration of what is for the benefit of the patient and for the benefit of society, the director shall determine that such patient: (1) Remain in the division for further treatment or be transferred to some other facility under the control of the commissioner or (2), if such patient is under commitment, be granted a leave of absence or extended visit or (3) has sufficiently improved to warrant his discharge from the division provided if such person was sentenced and confined in the division under section 17a-567, he shall not be released except upon order of the court by which he was confined under said section, after notice to said court by the director.
(b) The court, upon its own motion or at the request of the defendant or his attorney, may at any time hold a hearing to determine whether such person should be discharged from the division prior to the expiration of the maximum period of his sentence. Prior to such hearing, the division shall file a report with the court concerning the patient's mental condition. The court may appoint a physician specializing in psychiatry to examine the patient and report to the court. Such hearing shall be held at least once every five years. If the court determines the patient should be discharged from the division, he shall be returned to the custody of the Commissioner of Correction.
(1957, P.A. 650, S. 14; 1959, P.A. 332, S. 3; P.A. 73-245, S. 12; P.A. 80-470, S. 7, 11; P.A. 89-89; P.A. 95-257, S. 20, 58.)
History: 1959 act deleted requirement that board meet monthly to act on reports, substituting provision for action by director, deleted requirement for board acting as parole board, and provisions requiring compliance with Subdiv. (3) in case of persons sentenced, confined or transferred under Sec. 17-245 or 17-246 and added that, for person sentenced or confined under Sec. 17-245, discharge be only on order of court; P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute; P.A. 80-470 substituted "examination" for "reexamination" and "facility" for "institution", deleted provisions detailing leaves of absence and extended visits in Subdiv. (2) and deleted provisions re return of discharged patient to institute from which transferred to serve out sentence and added Subsec. (b) re hearing to determine whether patient should be discharged; P.A. 89-89 amended Subsec. (a) by deleting Subdiv. (3) re the authority of the director to determine that a patient be granted parole if such patient is under sentence and eligible for parole and redesignating former Subdiv. (4) as Subdiv. (3), and amended Subsec. (b) by replacing provision requiring court after it finds that a patient should be discharged to determine whether the patient should be released, granted parole or returned to the custody of the commissioner of correction with the requirement that such patient be returned to the custody of said commissioner; Sec. 17-251 transferred to Sec. 17a-570 in 1991; P.A. 95-257 replaced "institute" with "division", effective July 1, 1995.
Annotations to former section 17-251:
Cited. 205 C. 27, 34, 35. Cited. 210 C. 519−523, 527, 529. Cited. 224 C. 168, 186, 187.
Cited. 12 CA 32, 34, 35, 41, 46.
Subsec. (a):
Subdiv. (4) cited. 12 CA 32, 43.
Subsec. (b):
Cited. 205 C. 27, 30. Authorizes trial court to consider release of a sentenced patient upon discharge from Whiting despite apparent conflict with Sec. 53a-39. 210 C. 519, 520, 523, 524, 526−528, 530.
Cited. 12 CA 32, 43, 44. Cited. 22 CA 199, 204. Cited. 29 CA 386−392.
Annotations to present section:
Cited. 224 C. 168, 186, 187.
Subsec. (b):
Cited. 29 CA 386−392.

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Sec. 17a-571. (Formerly Sec. 17-252). Notice of director's action. Copies of the patient's examination report submitted to the director and copies of the director's determination shall be sent to the court which sentenced him if the patient was sentenced under section 17a-567.
(1957, P.A. 650, S. 15; P.A. 80-470, S. 8, 11; P.A. 81-472, S. 40, 159.)
History: P.A. 80-470 substituted "examination" for "reexamination" and required that copies of report and determination be sent only to sentencing court, deleting requirement that copies be sent to next-of-kin and warden or superintendent of institution from which patient was transferred; P.A. 81-472 made technical changes; Sec. 17-252 transferred to Sec. 17a- 571 in 1991.

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Sec. 17a-572. (Formerly Sec. 17-253). Records to be confidential. All certificates, applications, records and reports made for the purpose of sections 17a-560 to 17a- 576, inclusive, and directly or indirectly identifying a person subject to it shall be kept confidential and shall not be disclosed by any person except so far (1) as the individual identified or his legal guardian, if any, or, if he is a minor, his parent or legal guardian, consents or (2) as disclosure may be necessary to carry out any of the provisions of said sections or (3) as a court may direct upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make such disclosure would be contrary to the public interest.
(1957, P.A. 650, S. 16; P.A. 80-470, S. 9, 11.)
History: P.A. 80-470 deleted statement that provisions do not preclude disclosure of medical information to family members or relatives; Sec. 17-253 transferred to Sec. 17a-572 in 1991.

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Sec. 17a-573. (Formerly Sec. 17-254). When director may institute commitment proceedings. Within two months prior to the expiration of the maximum term of confinement authorized for any patient under section 17a-567, the director of the division may, upon the recommendation of the board, initiate proceedings under section 17a- 497 or 17a-520 for the commitment or further commitment, as the case may be, of the patient.
(1957, P.A. 650, S. 17; 1961, P.A. 249; P.A. 73-245, S. 13; P.A. 82-472, S. 153, 183; P.A. 95-257, S. 20, 58.)
History: 1961 act changed time limit from within six months prior to expiration of term to within two months prior and substituted director of center for welfare commissioner; P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute; P.A. 82-472 removed the reference to patients' confinement under the terms of Sec. 17-246; Sec. 17-254 transferred to Sec. 17a-573 in 1991; P.A. 95-257 substituted "division" for "institute", effective July 1, 1995.

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Sec. 17a-574. (Formerly Sec. 17-255). Cases affecting juveniles unaffected. Nothing in sections 17a-560 to 17a-576, inclusive, shall be construed to extend to or affect any case in the Superior Court involving a juvenile matter, or to any person arrested for an offense which is not punishable by imprisonment for more than one year or by a fine of not more than one thousand dollars or both or except as provided in section 46b-127.
(1957, P.A. 650, S. 18; 1961, P.A. 517, S. 18; P.A. 74-183, S. 214, 291; P.A. 76-436, S. 183, 681; P.A. 95-225, S. 40.)
History: 1961 act substituted circuit court for obsolete municipal and trial justice courts; P.A. 74-183 replaced circuit court with court of common pleas; P.A. 76-436 replaced juvenile court with superior court and specified cases involving juvenile matters, deleted reference to court of common pleas and extended exclusion to persons arrested for offenses where maximum penalty is $1,000 fine and/or one year's imprisonment and to provisions of Secs. 46b-126 and 46b-127, effective July 1, 1978; Sec. 17-255 transferred to Sec. 17a-574 in 1991; P.A. 95-225 deleted from the exception the reference to Sec. 46b-126.

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Sec. 17a-575. (Formerly Sec. 17-256). Habeas corpus unaffected. Nothing in sections 17a-560 to 17a-576, inclusive, shall be construed to limit or suspend the writ of habeas corpus.
(1957, P.A. 650, S. 19.)
History: Sec. 17-256 transferred to Sec. 17a-575 in 1991.

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Sec. 17a-576. (Formerly Sec. 17-257). Effective date. Sections 17a-566 to 17a- 575, inclusive, shall take effect when the Commissioner of Mental Health and Addiction Services certifies to the Secretary of the State that the division, including the diagnostic unit, is established and is adequate to perform the functions contemplated by sections 17a-560 to 17a-576, inclusive.
(1957, P.A. 650, S. 23; P.A. 73-245, S. 14; P.A. 95-257, S. 11, 20, 58.)
History: P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute; Sec. 17-257 transferred to Sec. 17a-576 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted "division" for "institute", effective July 1, 1995.
Annotations to former section 17-257:
Cited. 211 C. 591, 593, 597, 604.
Cited. 15 CA 74, 76; judgment reversed, see 211 C. 591 et seq.

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Secs. 17a-577 to 17a-579. Reserved for future use.
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PART V*
PSYCHIATRIC SECURITY REVIEW BOARD

*Annotations to former part IVa of chapter 306:
Secs. 17-257a−17-257n cited. 208 C. 125, 141, 144. Former Sec. 53a-47 also cited. Id. Sec. 17-257a et seq. cited. 211 C. 591, 593, 596, 597, 604. Secs. 17-257a−17-257w cited. 215 C. 675, 683.
Secs. 17-257a to 17-257w, inclusive, cited. 10 CA 50, 51; 12 CA 32, 43. Sec. 17-257a et seq. cited. 20 CA 96, 97.
Annotations to present part V:
Cited. 41 CA 221−223. Secs. 17a-580−17a-603 cited. Id.; 43 CA 592. Repealed section 53a-47 cited. Id. Secs. 17a- 580−17a-603 cited. 46 CA 486.

Sec. 17a-580. (Formerly Sec. 17-257a). Definitions. As used in sections 17a-581 to 17a-602, inclusive, and this section:
(1) "Acquittee" means any person found not guilty by reason of mental disease or defect pursuant to section 53a-13;
(2) "Board" means the Psychiatric Security Review Board established pursuant to section 17a-581;
(3) "Conditional release" means release subject to the jurisdiction of the board for supervision and treatment on an outpatient basis and includes, but is not limited to, the monitoring of mental and physical health treatment;
(4) "Court" means the Superior Court;
(5) "Danger to himself or others" includes danger to the property of others;
(6) "Hospital for mental illness" means any public or private hospital, retreat, institution, house or place in which a person with psychiatric disabilities or drug-dependent person is received or detained as a patient, but does not include any correctional institution of the state;
(7) "Mental illness" includes any mental illness in a state of remission when the illness may, with reasonable medical probability, become active;
(8) "Mental retardation" means mental retardation as defined in section 1-1g;
(9) "Person who should be conditionally released" means an acquittee who has psychiatric disabilities or is mentally retarded to the extent that his final discharge would constitute a danger to himself or others but who can be adequately controlled with available supervision and treatment on conditional release;
(10) "Person who should be confined" means an acquittee who has psychiatric disabilities or is mentally retarded to the extent that his discharge or conditional release would constitute a danger to himself or others and who cannot be adequately controlled with available supervision and treatment on conditional release;
(11) "Person who should be discharged" means an acquittee who does not have psychiatric disabilities or is not mentally retarded to the extent that his discharge would constitute a danger to himself or others;
(12) "Psychiatrist" means a physician specializing in psychiatry and licensed under the provisions of sections 20-9 to 20-12, inclusive;
(13) "Psychologist" means a clinical psychologist licensed under the provisions of sections 20-186 to 20-195, inclusive;
(14) "State's attorney" means the state's attorney for the judicial district wherein the acquittee was found not guilty by reason of mental disease or defect pursuant to section 53a-13;
(15) "Superintendent" means any person, body of persons or corporation, or the designee of any such person, body of persons or corporation, which has the immediate supervision, management and control of a hospital for mental illness and the patients therein.
(P.A. 85-506, S. 1, 32; P.A. 87-486, S. 1; P.A. 95-257, S. 48, 58.)
History: P.A. 87-486 added definition of "mental retardation" and included an acquittee who is mentally retarded within definitions of "person who should be conditionally released", "person who should be confined" and "person who should be discharged"; Sec. 17-257a transferred to Sec. 17a-580 in 1991; P.A. 95-257 replaced variants of "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995.
Annotations to former section 17-257a:
Cited. 20 CA 96, 97.
Subdiv. (5):
Cited. 211 C. 591, 600.
Subdiv. (10):
Cited. 211 C. 591, 599.
Annotations to present section:
Subdiv. (1):
Cited. 230 C. 400, 405.
Cited. 41 CA 221, 222. Cited. 43 CA 592.
Subdiv. (12):
Cited. 219 C. 314, 337.

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Sec. 17a-581. (Formerly Sec. 17-257b). Psychiatric Security Review Board. Membership. Meetings. Regulations. (a) There is hereby established a Psychiatric Security Review Board which shall be an autonomous body within the Department of Mental Health and Addiction Services for administrative purposes only. The board shall consist of six members who shall serve for a term of four years and shall be appointed by the Governor with the advice and consent of either house of the General Assembly, except that of the members first appointed to the board: (1) One shall serve for a term ending June 30, 1987; (2) two shall serve for terms ending June 30, 1988; (3) two shall serve for terms ending June 30, 1989; and (4) one appointed pursuant to subdivision (6) of subsection (b) of this section shall serve for a term ending June 30, 1999.
(b) The membership shall be composed of: (1) A psychiatrist experienced with the criminal justice system and not otherwise employed on a permanent basis by the state; (2) a psychologist experienced with the criminal justice system and not otherwise employed on a permanent basis by the state; (3) a person with substantial experience in the process of probation; (4) a member of the general public; (5) an attorney who is a member of the bar of this state; and (6) a member of the general public with substantial experience in victim advocacy.
(c) No employee of the Division of Criminal Justice or the Public Defender Services Commission shall be a member of the board.
(d) The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office.
(e) A member of the board not otherwise employed full-time by the state shall be paid seventy-five dollars for each day during which the member is engaged in the performance of official duties. In addition, subject to sections 4-15 and 5-141c regulating travel and other expenses of state officers and employees, the member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.
(f) Subject to any applicable provision of sections 5-193 to 5-268, inclusive, the board may hire employees to assist in the performance of its duties under sections 17a- 580 to 17a-602, inclusive.
(g) A majority of the members of the board constitutes a quorum for the transaction of business. Hearings shall be held before members of the board.
(h) The board shall meet at least twice every month, unless the chairman determines that there is not sufficient business before the board to warrant a meeting at the scheduled time. The board shall also meet at other times and places specified by the call of the chairman or of a majority of the members of the board.
(i) No member of the board shall be personally liable for damage or injury caused in the discharge of his duties. Any person having a complaint for such damage or injury shall present it as a claim against the state under the provisions of chapter 53.
(j) The board may adopt in accordance with chapter 54 such regulations as may be necessary to carry out the purposes of sections 17a-580 to 17a-602, inclusive.
(P.A. 85-506, S. 2, 32; P.A. 95-257, S. 11, 58; P.A. 96-121, S. 1, 3.)
History: Sec. 17-257b transferred to Sec. 17a-581 in 1991; in 1993 obsolete reference in Subsec. (e) to repealed Sec. 5-141a was deleted editorially; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 96-121 amended Subsec. (a) by adding Subdiv. (4) re term of member appointed pursuant to Subdiv. (6) of Subsec. (b) of this section and amended Subsec. (b) by adding Subdiv. (6) re member of the general public with substantial experience in victim advocacy, effective May 24, 1996.
See Sec. 4-38f for definition of "administrative purposes only".
Annotation to former section 17-257b:
Cited. 215 C. 675−677.

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Sec. 17a-582. (Formerly Sec. 17-257c). Confinement of acquittee for examination. Court order of commitment to board or discharge. (a) When any person charged with an offense is found not guilty by reason of mental disease or defect pursuant to section 53a-13, the court shall order such acquittee committed to the custody of the Commissioner of Mental Health and Addiction Services who shall cause such acquittee to be confined, pending an order of the court pursuant to subsection (e) of this section, in any of the state hospitals for psychiatric disabilities or to the custody of the Commissioner of Mental Retardation, for an examination to determine his mental condition.
(b) Within forty-five days of the order of commitment pursuant to subsection (a) of this section, the superintendent of such hospital or the Commissioner of Mental Retardation shall cause the acquittee to be examined and file a report of the examination with the court, and shall send a copy thereof to the state's attorney and counsel for the acquittee, setting forth the superintendent's or said commissioner's findings and conclusions as to whether the acquittee is a person who should be discharged.
(c) Within ten days of receipt of such superintendent's or said commissioner's report, either the state's attorney or counsel for the acquittee may file notice of intent to perform a separate examination of the acquittee. An examination conducted on behalf of the acquittee may be performed by a psychiatrist or psychologist chosen by the acquittee and shall be performed at the acquittee's expense unless he is indigent. If the acquittee is indigent, the court shall provide him with the services of a psychiatrist or psychologist to perform the examination at the expense of the state. The superintendent or said commissioner who conducted the initial examination shall, within five days of a request of any party conducting a separate examination pursuant to this subsection, release to such party all records and reports compiled in the initial examination of the acquittee. Any separate examination report shall be filed with the court within thirty days of the filing with the court of the initial examination report by the superintendent or said commissioner.
(d) The court shall commence a hearing within fifteen days of its receipt of any separate examination report or if no notice of intent to perform a separate examination has been filed under subsection (c) of this section, within twenty-five days of the filing of such initial examination report.
(e) At the hearing, the court shall make a finding as to the mental condition of the acquittee and, considering that its primary concern is the protection of society, make one of the following orders:
(1) If the court finds that the acquittee is a person who should be confined or conditionally released, the court shall order the acquittee committed to the jurisdiction of the board and either confined in a hospital for psychiatric disabilities or placed with the Commissioner of Mental Retardation, for custody, care and treatment pending a hearing before the board pursuant to section 17a-583; provided (A) the court shall fix a maximum term of commitment, not to exceed the maximum sentence that could have been imposed if the acquittee had been convicted of the offense, and (B) if there is reason to believe that the acquittee is a person who should be conditionally released, the court shall include in the order a recommendation to the board that the acquittee be considered for conditional release pursuant to subdivision (2) of section 17a-584; or
(2) If the court finds that the acquittee is a person who should be discharged, the court shall order the acquittee discharged from custody.
(f) At the hearing before the court, the acquittee shall have the burden of proving by a preponderance of the evidence that he is a person who should be discharged.
(g) An order of the court pursuant to subsection (e) of this section may be appealed by the acquittee or the state's attorney to the Appellate Court. The court shall so notify the acquittee.
(h) During any term of commitment to the board, the acquittee shall remain under the jurisdiction of the board until discharged by the court pursuant to section 17a-593. Except as provided in subsection (c) of said section, the acquittee shall be immediately discharged at the expiration of the maximum term of commitment.
(i) On committing an acquittee to the jurisdiction of the board, the court shall advise the acquittee of the right to a hearing before the board in accordance with section 17a-583.
(P.A. 85-506, S. 3, 32; P.A. 87-486, S. 2; P.A. 95-257, S. 11, 48, 58.)
History: P.A. 87-486 amended Subsec. (a) to permit the court to commit the acquittee to the custody of the commissioner of mental retardation, amended Subsecs. (b) and (c) to add references to the commissioner of mental retardation, and amended Subsec. (e) to include the situation where the court finds that the acquittee is a person who should be conditionally released and to permit the court to commit the acquittee to the jurisdiction of the board for placement with the commissioner of mental retardation; Sec. 17-257c transferred to Sec. 17a-582 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995.
Annotations to former section 17-257c:
Cited. 211 C. 591, 607, 612.
Subsec. (a):
Cited. 211 C. 591, 597.
Subsec. (b):
Cited. 211 C. 591, 598.
Subsec. (c):
Cited. 211 C. 591, 598.
Subsec. (e):
Cited. 211 C. 591, 598, 611. Subdiv. (1) cited. Id., 591, 598, 612. Subdiv. (1)(A) cited. Id., 591, 593, 596−598, 600. Subdiv. (2) cited. Id., 591, 598.
Subdiv. (1) cited. 12 CA 32, 44; 15 CA 74, 81; judgment reversed, see 211 C. 591 et seq. Subdiv. (1)(A) cited. 20 CA 96, 97.
Subsec. (f):
Cited. 211 C. 591, 598.
Subsec. (h):
Cited. 211 C. 591, 598.
Annotations to present section:
Cited. 230 C. 400, 402.
Subsec. (e):
Subdiv. (1) cited. 230 C. 400, 402. Subdiv. (1)(A) cited. Id., 400, 406, 408, 412, 418, 420, 421, 425. Cited. Id., 400, 406, 425.
Subsec. (f):
Cited. 230 C. 400, 406.

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Sec. 17a-583. (Formerly Sec. 17-257d). Initial hearing by board after commitment. (a) The board shall conduct a hearing to review the status of the acquittee within ninety days of an order committing the acquittee to the jurisdiction of the board, provided, if the court has recommended consideration of conditional release, the board shall, absent good cause shown, conduct a hearing to review the status of the acquittee at its next regularly scheduled meeting.
(b) At any hearing held pursuant to this section, the board shall make a finding and act pursuant to section 17a-584.
(P.A. 85-506, S. 4, 32.)
History: Sec. 17-257d transferred to Sec. 17a-583 in 1991.
Annotation to former section 17-257d:
Cited. 211 C. 591, 599.

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Sec. 17a-584. (Formerly Sec. 17-257e). Finding and action by board. Recommendation of discharge. Order of conditional release or confinement. At any hearing before the board considering the discharge, conditional release or confinement of the acquittee, except a hearing pursuant to section 17a-592 or subsection (d) of section 17a- 593, the board shall make a finding as to the mental condition of the acquittee and, considering that its primary concern is the protection of society, shall do one of the following:
(1) If the board finds that the acquittee is a person who should be discharged, it shall recommend such discharge to the court pursuant to section 17a-593.
(2) If the board finds that the acquittee is a person who should be conditionally released, the board shall order the acquittee conditionally released subject to such conditions as are necessary to prevent the acquittee from constituting a danger to himself or others.
(3) If the board finds that the acquittee is a person who should be confined, the board shall order the person confined in a hospital for psychiatric disabilities or placed with the Commissioner of Mental Retardation for custody, care and treatment.
(P.A. 85-506, S. 5, 32; P.A. 87-486, S. 3; P.A. 95-257, S. 48, 58.)
History: P.A. 87-486 amended Subdiv. (1) to replace requirement that the board recommend discharge and file an application for discharge with the court with requirement that the board recommend such discharge "to the court" and amended Subdiv. (3) to authorize placement of the person with the commissioner of mental retardation; Sec. 17-257e transferred to Sec. 17a-584 in 1991; P.A. 95-257 substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995.
Annotations to former section 17-257e:
Cited. 211 C. 591, 599, 602. Cited. 215 C. 675, 686.
Cited. 15 CA 74, 83; judgment reversed, see 211 C. 591 et seq.
Subdiv. (3):
Cited. 15 CA 74, 83; judgment reversed, see 211 C. 591 et seq.

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Sec. 17a-585. (Formerly Sec. 17-257f). Periodic review by board. The board shall conduct a hearing and review the status of the acquittee not less than once every two years. At such hearing the board shall make a finding and act pursuant to section 17a-584.
(P.A. 85-506, S. 6, 32.)
History: Sec. 17-257f transferred to Sec. 17a-585 in 1991.
Annotations to former section 17-257f:
Cited. 211 C. 591, 599. Cited. 215 C. 675, 676, 686.
Annotations to present section:
Cited. 230 C. 400, 406.
Cited. 41 CA 688, 690.

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Sec. 17a-586. (Formerly Sec. 17-257g). Periodic report re mental condition of acquittee. The superintendent of any hospital for psychiatric disabilities in which an acquittee has been confined or the Commissioner of Mental Retardation with whom an acquittee has been placed pursuant to order of the board, or the person or agency responsible for the supervision or treatment of a conditionally released acquittee, shall submit to the board at least every six months a written report with respect to the mental condition of the acquittee. The board shall furnish copies of the report to the counsel for the acquittee and the state's attorney.
(P.A. 85-506, S. 7, 32; P.A. 87-486, S. 4; P.A. 95-257, S. 48, 58.)
History: P.A. 87-486 required submission of a report by "the commissioner of mental retardation with whom an acquittee has been placed"; Sec. 17-257g transferred to Sec. 17a-586 in 1991; P.A. 95-257 replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995.
Annotation to former section 17-257g:
Cited. 211 C. 591, 599. Cited. 215 C. 675, 687.

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Sec. 17a-587. (Formerly Sec. 17-257h). Temporary leaves. If at any time after the confinement of an acquittee in a hospital for psychiatric disabilities or the placement of an acquittee with the Commissioner of Mental Retardation pursuant to order of the board, the superintendent of such hospital or said commissioner is of the opinion that the acquittee's psychiatric supervision and treatment would be advanced by permitting the acquittee to leave such hospital or the custody of said commissioner temporarily, the superintendent or said commissioner shall apply to the board for an order authorizing temporary leaves. The application shall include a statement of reasons in support thereof. The board shall send a copy of the application to the state's attorney. The board may order a hearing on the application and shall order such a hearing if the state's attorney files with the board a request therefor within ten days of his receipt of the application. The board shall grant the application if it concludes that the acquittee's temporary leave, under the conditions specified, would not constitute a danger to himself or others. If such application is granted, the acquittee may be permitted to leave such hospital or the custody of said commissioner temporarily, under the charge of his guardian, relatives or friends, or by himself, at such times and under such conditions as the superintendent or said commissioner deems appropriate, unless the order of the board provides otherwise. The provisions of section 17a-521 not inconsistent with this section shall be applicable to temporary leaves authorized by this section.
(P.A. 85-506, S. 8, 32; P.A. 87-486, S. 5; P.A. 95-257, S. 48, 58.)
History: P.A. 87-486 added provisions re temporary leaves from the custody of the commissioner of mental retardation of acquittees placed with said commissioner; Sec. 17-257h transferred to Sec. 17a-587 in 1991; P.A. 95-257 replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995.
Annotation to former section 17-257h:
Cited. 215 C. 675, 682.

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Sec. 17a-588. (Formerly Sec. 17-257i). Conditional release. (a) If at any time after the confinement of an acquittee in a hospital for psychiatric disabilities or the placement of an acquittee with the Commissioner of Mental Retardation, the superintendent of such hospital or said commissioner is of the opinion that such acquittee is a person who should be conditionally released, the superintendent or said commissioner shall apply to the board for an order of conditional release. The application shall be accompanied by a report setting forth the facts supporting the opinion of the superintendent or said commissioner, and by a conditional release plan. The board shall hold a hearing on the application within sixty, but not less than thirty, days of its receipt.
(b) At any time after the confinement of an acquittee in a hospital for psychiatric disabilities or the placement of an acquittee with the Commissioner of Mental Retardation, the acquittee or another person acting on his behalf may apply to the board for an order of conditional release. On receipt of the application, the board shall request the superintendent of the hospital or said commissioner to report whether he is of the opinion that the acquittee is a person who should be conditionally released. The report shall set forth facts supporting the opinion. An application for conditional release under this subsection shall not be filed more often than once every six months from the date of the initial board hearing held pursuant to section 17a-583. The board is not required to hold a hearing on a first application under this subsection any sooner than ninety days after the initial hearing. Hearings resulting from any subsequent requests shall be held within sixty days of the filing of the application.
(c) Not less than thirty days prior to any such hearing, the board shall send copies of the superintendent's or said commissioner's report to the state's attorney and counsel for the acquittee. At any hearing held pursuant to this section, the board shall make a finding and act pursuant to section 17a-584.
(P.A. 85-506, S. 9, 32; P.A. 87-486, S. 6; P.A. 95-257, S. 48, 58.)
History: P.A. 87-486 made section applicable to acquittees placed with the commissioner of mental retardation and amended Subsec. (a) to require a hearing on the application not less than thirty, rather than forty-five, days from its receipt and amended Subsec. (c) to require copies of the report to be sent not less than thirty, rather than forty-five, days prior to the hearing; Sec. 17-257i transferred to Sec. 17a-588 in 1991; P.A. 95-257 replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995.
Annotation to former section 17-257i:
Cited. 215 C. 675, 687.

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Sec. 17a-589. (Formerly Sec. 17-257j). Supervision of acquittee on conditional release. The board may designate any capable person or appropriate public or private agency to supervise the acquittee on conditional release, subject to such conditions as the board sets in the order for conditional release. Prior to the designation, the board shall notify the person or agency to whom conditional release is contemplated and provide the person or agency with an opportunity to be heard before the board. After receiving an order of conditional release, the person or agency so designated shall assume supervision of the acquittee pursuant to the direction of the board.
(P.A. 85-506, S. 10, 32.)
History: Sec. 17-257j transferred to Sec. 17a-589 in 1991.

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Sec. 17a-590. (Formerly Sec. 17-257k). Examination and treatment of acquittee on conditional release. As one of the conditions of release, the board may require the acquittee to report to any public or private mental health facility for examination. Whenever medical, psychiatric or psychological treatment is recommended, the board may order the acquittee, as a condition of release, to cooperate with and accept treatment from the facility. The facility to which the acquittee has been referred for examination shall perform the examination and submit a written report of its findings to the board. If the facility finds that treatment of the person is appropriate, it shall include its recommendations for treatment in the report to the board. Whenever treatment is provided by the facility, it shall furnish reports to the board on a regular basis concerning the status of the acquittee and the degree to which he is a danger to himself or others. The board shall furnish copies of all such reports to the acquittee, counsel for the acquittee and the state's attorney. The confidentiality of these reports shall be determined pursuant to sections 52-146c to 52-146j, inclusive. The facility shall comply with any other conditions of release prescribed by order of the board.
(P.A. 85-506, S. 11, 32.)
History: Sec. 17-257k transferred to Sec. 17a-590 in 1991.
Annotation to former section 17-257k:
Cited. 215 C. 675, 687.

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Sec. 17a-591. (Formerly Sec. 17-257l). Modification of conditional release. (a) Any conditionally released acquittee or any person or agency responsible for the supervision or treatment of a conditionally released acquittee may apply to the board for the modification of the order of the conditional release of the acquittee. Any application for modification filed by a person or agency responsible for the supervision or treatment of a conditionally released acquittee shall be accompanied by a report setting forth the facts supporting the application. The board shall commence a hearing within sixty days of its receipt of the application. Not less than thirty days prior to such hearing, the board shall send copies of such application and report, if any, to the state's attorney and counsel for the acquittee. At the hearing, the board shall make a finding and act pursuant to section 17a-584.
(b) Unless the conditional release order has been summarily modified by the board or its chairman pursuant to subsection (a) of section 17a-594, an application by an acquittee for modification of a conditional release order shall not be filed more often than once every six months from the date of the filing of the next preceding application for modification.
(P.A. 85-506, S. 12, 32; P.A. 87-486, S. 7.)
History: P.A. 87-486 amended Subsec. (a) to require the board to send copies of the application and report not less than thirty, rather than forty-five, days prior to the hearing; Sec. 17-257l transferred to Sec. 17a-591 in 1991.
Annotation to former section 17-257l:
Cited. 215 C. 675, 687.

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Sec. 17a-592. (Formerly Sec. 17-257m). Board recommendation to discharge acquittee from custody. (a) The superintendent of any hospital for psychiatric disabilities in which an acquittee has been confined or the Commissioner of Mental Retardation with whom an acquittee has been placed pursuant to an order of the board or any person or agency responsible for the supervision or treatment of a conditionally released acquittee may request the board to recommend to the court discharge of the acquittee from custody. Any such request shall be accompanied by a report setting forth the facts supporting the request. Within sixty days of receipt of the request, the board shall commence a hearing on the request to recommend discharge. Not less than thirty days prior to such hearing, the board shall send copies of the request and report to the state's attorney and counsel for the acquittee.
(b) The board may, on its own motion, consider whether to recommend discharge of the acquittee from custody. The board shall immediately give notice to the state's attorney and counsel for the acquittee of its decision to consider whether to recommend discharge of the acquittee. The board may order a hearing on whether to recommend discharge of the acquittee and shall order such a hearing if the state's attorney files with the board a request therefor within ten days of his receipt from the board of the notice of its decision to consider whether to make such a recommendation. Any such hearing shall be held within sixty days of the board's decision to consider whether to recommend discharge of the acquittee.
(c) If the board decides to recommend discharge of the acquittee, the board shall make such recommendation pursuant to section 17a-593.
(P.A. 85-506, S. 13, 32; P.A. 87-486, S. 8; P.A. 95-257, S. 48, 58.)
History: P.A. 87-486 amended Subsec. (a) to authorize the commissioner of mental retardation with whom an acquittee has been placed to request the board to recommend discharge of the acquittee from custody and to require the board to send copies of the request and report not less than thirty, rather than forty-five, days prior to the hearing, and amended Subsec. (c) to replace provision that if the board recommends discharge it shall "apply for discharge" with provision that it shall "make such recommendation" pursuant to Sec. 17-257n; Sec. 17-257m transferred to Sec. 17a-592 in 1991; P.A. 95-257 substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995.
Annotations to former section 17-257m:
Cited. 211 C. 591, 599. Cited. 215 C. 675, 687.
Cited. 15 CA 74, 82; judgment reversed, see 211 C. 591 et seq.
Subsec. (a):
Cited. 211 C. 591, 600.
Subsec. (b):
Cited. 211 C. 591, 600.
Subsec. (c):
Cited. 211 C. 591, 600.

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Sec. 17a-593. (Formerly Sec. 17-257n). Court order to discharge acquittee from custody. (a) The board, pursuant to section 17a-584 or 17a-592, may recommend to the court the discharge of the acquittee from custody or the acquittee may apply directly to the court for discharge from custody. The court shall send copies of the recommendation or application to the state's attorney and to counsel for the acquittee. An acquittee may apply for discharge not more than once every six months and no sooner than six months after the initial board hearing held pursuant to section 17a-583.
(b) The recommendation or application shall contain the dates on which any prior recommendations or applications for discharge had been filed with the court, the dates on which decisions thereon were rendered, and a statement of facts, including any change in circumstances since the determination on the most recent recommendation or application, sufficient to qualify the acquittee as a person who should be discharged. A recommendation by the board shall contain findings and conclusions to support the recommendation.
(c) If reasonable cause exists to believe that the acquittee remains a person with psychiatric disabilities or mentally retarded to the extent that his discharge at the expiration of his maximum term of commitment would constitute a danger to himself or others, the state's attorney, at least one hundred thirty-five days prior to such expiration, may petition the court for an order of continued commitment of the acquittee.
(d) The court shall forward any application for discharge received from the acquittee and any petition for continued commitment of the acquittee to the board. The board shall, within ninety days of its receipt of the application or petition, file a report with the court, and send a copy thereof to the state's attorney and counsel for the acquittee, setting forth its findings and conclusions as to whether the acquittee is a person who should be discharged. The board may hold a hearing or take other action appropriate to assist it in preparing its report.
(e) Within ten days of receipt of a recommendation for discharge filed by the board under subsection (a) of this section or receipt of the board's report filed under subsection (d) of this section, either the state's attorney or counsel for the acquittee may file notice of intent to perform a separate examination of the acquittee. An examination conducted on behalf of the acquittee may be performed by a psychiatrist or psychologist of the acquittee's own choice and shall be performed at the expense of the acquittee unless he is indigent. If the acquittee is indigent, the court shall provide him with the services of a psychiatrist or psychologist to perform the examination at the expense of the state. Any such separate examination report shall be filed with the court within thirty days of the notice of intent to perform the examination. To facilitate examinations of the acquittee, the court may order him placed in the temporary custody of any hospital for psychiatric disabilities or other suitable facility or placed with the Commissioner of Mental Retardation.
(f) After receipt of the board's report and any separate examination reports, the court shall promptly commence a hearing on the recommendation or application for discharge or petition for continued commitment. At the hearing, the acquittee shall have the burden of proving by a preponderance of the evidence that the acquittee is a person who should be discharged.
(g) The court shall make a finding as to the mental condition of the acquittee and, considering that its primary concern is the protection of society, make one of the following orders: (1) If the court finds that the acquittee is not a person who should be discharged, the court shall order the recommendation or application for discharge be dismissed; or (2) if the court finds that the acquittee is a person who should be discharged, the court shall order the acquittee discharged from custody. The court shall send a copy of such finding and order to the board.
(P.A. 85-506, S. 14, 32; P.A. 86-403, S. 38, 132; P.A. 87-486, S. 9; P.A. 95-257, S. 48, 58.)
History: P.A. 86-403 made technical change in Subsec. (e); P.A. 87-486 replaced provisions authorizing board to "apply to the court for discharge of the acquittee" with provisions authorizing board to "recommend to the court the discharge of the acquittee" and added references to the board's "recommendation" to reflect this procedural change, amended Subsec. (c) to add reference to an acquittee who is mentally retarded and to authorize the state's attorney to petition the court for continued commitment at least one hundred thirty-five, rather than ninety, days prior to the commitment's expiration, amended Subsec. (d) to require the board to file a report within ninety, rather than forty-five, days of receiving an application or petition, amended Subsec. (e) to authorize the court to place the acquittee with the commissioner of mental retardation, amended Subsec. (f) to delete provision that the board has the burden of proof when it applies for an order of discharge, and amended Subsec. (g) to replace provision that "if the court finds that the acquittee is a person who should be confined, the court shall continue the initial order committing the acquittee to the jurisdiction of the board" with "if the court finds that the acquittee is not a person who should be discharged, the court shall order the recommendation or application for discharge be dismissed"; Sec. 17-257n transferred to Sec. 17a-593 in 1991; P.A. 95-257 replaced "mentally ill" and "mental illness" with varying phrases containing the words "psychiatric disabilities", effective July 1, 1995.
Annotations to former section 17-257n:
Cited. 211 C. 591, 599−602, 605.
Cited. 20 CA 96, 99.
Subsec. (a):
Cited. 211 C. 591, 599, 600.
Cited. 15 CA 74, 82; judgment reversed, see 211 C. 591 et seq.
Subsec. (c):
Cited. 211 C. 591, 600.
Cited. 12 CA 32, 44. Cited. 15 CA 74, 75, 82, 83; judgment reversed, see 211 C. 591 et seq. Cited. 20 CA 96−98.
Subsec. (d):
Cited. 211 C. 591, 599, 600.
Subsec. (e):
Cited. 211 C. 591, 600.
Subsec. (f):
Cited. 211 C. 591, 601−606. Cited. 215 C. 675, 682.
Annotations to present section:
Cited. 230 C. 400, 404, 407, 410, 412, 419, 420, 422.
Subsec. (c):
Section impliedly imposes same burden on the state at a hearing for continued commitment of an acquittee beyond his current definite period of commitment as is imposed in a civil commitment hearing under Sec. 17a-498(c). 230 C. 400, 401, 404, 407−411, 420, 421, 424, 425.
Subsec. (d):
Cited. 230 C. 400, 407, 410, 411, 420.
Subsec. (e):
Cited. 230 C. 400, 419, 420.
Subsec. (f):
Cited. 230 C. 400, 407, 418, 420, 421.
Cited. 43 CA 592.

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Sec. 17a-594. (Formerly Sec. 17-257o). Summary modification or termination of conditional release upon violation of terms or change in mental health. (a) If at any time while an acquittee is under the jurisdiction of the board, it appears to the board or its chairman that a conditionally released acquittee has violated the terms of a conditional release or that the mental health of the acquittee has changed, the board or its chairman may order the modification of the conditional release of the acquittee or may order the termination of the conditional release of the acquittee and his return to a hospital for psychiatric disabilities or to the Commissioner of Mental Retardation for examination or treatment. The state's attorney may, at any time, notify the board or its chairman of facts that the state's attorney believes indicate that the conditionally released acquittee has violated the terms of a conditional release, that the mental health of the acquittee has changed or that the conditions of release should be modified. A written order of the board, or its chairman on behalf of the board, is sufficient warrant for any peace officer to take the acquittee into custody and transport him to a hospital for psychiatric disabilities or to the Commissioner of Mental Retardation.
(b) Any peace officer or any person or agency providing treatment or responsible for the supervision of a conditionally released acquittee may take the acquittee into custody or request that the acquittee be taken into custody if there is reasonable cause to believe that the acquittee is a person with psychiatric disabilities or mentally retarded to the extent that his continued release would constitute a danger to himself or others and that the acquittee is in need of immediate care, custody or treatment. The acquittee shall be immediately transported to a hospital for psychiatric disabilities or to the Commissioner of Mental Retardation.
(c) Within thirty days of the acquittee being taken into custody pursuant to subsection (a) or (b) of this section, the board shall commence a hearing to determine the mental condition of the acquittee and shall make a finding and act pursuant to section 17a-584.
(P.A. 85-506, S. 15, 32; P.A. 87-486, S. 10; P.A. 95-257, S. 48, 58.)
History: P.A. 87-486 amended Subsec. (a) to authorize the board or its chairman to order an acquittee's return to the commissioner of mental retardation and a peace officer to transport an acquittee to said commissioner, amended Subsec. (b) to add reference to an acquittee who is mentally retarded and authorize the immediate transportation of an acquittee to the commissioner of mental retardation, and amended Subsec. (c) to increase from twenty to thirty days the period within which a hearing must be commenced; Sec. 17-257o transferred to Sec. 17a-594 in 1991; P.A. 95-257 replaced "mentally ill" and "mental illness" with varying phrases containing the words "psychiatric disabilities", effective July 1, 1995.
Annotation to former section 17-257o:
Cited. 215 C. 675, 687.

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Sec. 17a-595. (Formerly Sec. 17-257p). Testimony of witnesses before board. Subpoena. (a) Upon request of any party to a hearing before the board, the board or its designated representative shall issue, or the board on its own motion may issue, subpoenas requiring the attendance and testimony of witnesses.
(b) Upon request of any party to a hearing before the board and upon a proper showing of the general relevance and reasonable scope of the documentary or physical evidence sought, the board or its designated representative shall issue, or the board on its own motion may issue, subpoenas duces tecum.
(c) Witnesses appearing under subpoenas, other than the parties or state officers or employees, shall receive fees and mileage as prescribed by law for witnesses in civil actions. If the board or its designated representative certifies that the testimony of a witness was relevant and material, any person who has paid fees and mileage to such witness shall be reimbursed by the board.
(d) If any person, agency or facility fails to comply with a subpoena issued under subsections (a) or (b) of this section or any party or witness refuses to testify regarding any matter on which he may be lawfully interrogated, any judge of the Superior Court, on the application of the board or its designated representative or of the party requesting the issuance of the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued by the court.
(P.A. 85-506, S. 16, 32.)
History: Sec. 17-257p transferred to Sec. 17a-595 in 1991.
Annotation to former section 17-257p:
Cited. 211 C. 591, 599.

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Sec. 17a-596. (Formerly Sec. 17-257q). Board hearing procedures. (a) Prior to any hearing by the board concerning the discharge, conditional release or confinement of the acquittee, the board, acquittee and state's attorney may each choose a psychiatrist or psychologist to examine the acquittee. The results of the examination shall be in writing and filed with the board, and shall include, but need not be limited to, an opinion as to whether the acquittee is a person with psychiatric disabilities or mentally retarded to the extent that his release would constitute a danger to himself or others and whether the acquittee could be adequately controlled with treatment as a condition of release. To facilitate examination of the acquittee, the board may order him placed in the temporary custody of any hospital for psychiatric disabilities or other suitable facility or placed with the Commissioner of Mental Retardation.
(b) The board shall consider all evidence available to it that is material, relevant and reliable regarding the issues before the board. Such evidence may include but is not limited to the record of trial, the information supplied by the state's attorney or by any other interested party, including the acquittee, and information concerning the acquittee's mental condition and the entire psychiatric and criminal history of the acquittee.
(c) Testimony shall be taken upon oath or affirmation of the witness from whom received.
(d) Any hearing by the board, including the taking of any testimony at such hearing, shall be open to the public. At any hearing before the board, the acquittee shall have all the rights given a party to a contested case under chapter 54. In addition to the rights enumerated thereunder, the acquittee shall have the right to appear at all proceedings before the board, except board deliberations and to be represented by counsel, to consult with counsel prior to the hearing and, if indigent, to have counsel provided, pursuant to the provisions of chapter 887, without cost. At any hearing before the board, copies of documents and reports considered by the board shall be available for examination by the acquittee, counsel for the acquittee and the state's attorney. The confidentiality of these reports shall be determined pursuant to sections 52-146c to 52-146j, inclusive.
(e) Upon request of any party before the board, or on its own motion, the board may continue a hearing for a reasonable time not to exceed sixty days to obtain additional information or testimony or for other good cause shown.
(f) At any hearing before the board, the acquittee, or any applicant seeking an order less restrictive than the existing order, shall have the burden of proving by a preponderance of the evidence the existence of conditions warranting a less restrictive order.
(g) A record shall be kept of all hearings before the board, except board deliberations.
(h) Within twenty-five days of the conclusion of the hearing, the board shall provide the acquittee, his counsel, the state's attorney and any victim as defined in section 17a- 601 with written notice of the board's decision. If there is no victim or the victim is unidentified or cannot be located, the board shall be relieved of the requirement of providing notice to the victim.
(P.A. 85-506, S. 17, 32; P.A. 87-486, S. 11; 87-554, S. 18; P.A. 91-406, S. 16, 29; P.A. 95-257, S. 48, 58.)
History: P.A. 87-486 amended Subsec. (a) to add reference to an acquittee who is mentally retarded and to authorize the board to order an acquittee placed with the commissioner of mental retardation, amended Subsec. (d) to require any hearing by the board, including the taking of testimony, to be open to the public, and amended Subsec. (h) to increase from fifteen to twenty-five days the period after the hearing during which the board is required to provide written notice of its decision; P.A. 87-554 amended Subsec. (h) by requiring board to notify any victim as defined in Sec. 17-257v of board's decision, unless there is no victim or victim cannot be located; Sec. 17-257q transferred to Sec. 17a-596 in 1991; P.A. 91- 406 confirmed the numbering of this section as Sec. 17a-596, thereby correcting a typographical error; P.A. 95-257 replaced "mentally ill" and "mental illness" with varying phrases containing the words "psychiatric disabilities", effective July 1, 1995.
Annotation to former section 17-257q:
Cited. 211 C. 591, 599. Cited. 215 C. 675, 686.
Subsec. (b):
Cited. 215 C. 675, 687.
Subsec. (f):
Cited. 211 C. 591, 599.
Annotations to present section:
Cited. 230 C. 400, 419.
Cited. 41 CA 688, 690.
Subsec. (f):
Cited 230 C. 400, 407.

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Sec. 17a-597. (Formerly Sec. 17-257r). Appeal of board orders and decisions. (a) Any order of the board entered pursuant to subdivision (2) or (3) of section 17a-584 or pursuant to section 17a-587 may be appealed to the Superior Court pursuant to section 4-183. The board shall give notice of the right to judicial review to the acquittee, counsel for the acquittee and the state's attorney.
(b) A decision by the board that the acquittee is a person who should be discharged made pursuant to subdivision (1) of section 17a-584, section 17a-592 or subsection (d) of section 17a-593 shall not be subject to judicial review pursuant to section 4-183.
(P.A. 85-506, S. 18, 32.)
History: Sec. 17-257r transferred to Sec. 17a-597 in 1991.
Annotation to former section 17-257r:
Cited. 211 C. 591, 599.
Annotations to present section:
Cited. 46 CA 486.

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Sec. 17a-598. (Formerly Sec. 17-257s). Court hearing procedures. (a) At any hearing before the court under section 17a-582 or 17a-593, the acquittee shall have the right to appear and shall be represented by counsel. If the acquittee fails or refuses to obtain counsel, the court shall appoint counsel to represent him. If the acquittee is indigent, counsel shall be provided, pursuant to the provisions of chapter 887, and the court shall determine and allow, as provided in section 54-147, the cost of briefs, any other necessary expenses, and compensation of the counsel for the acquittee. The costs, expenses and compensation so allowed shall be paid by the state.
(b) At any hearing before the court under section 17a-582 or 17a-593, documents and reports considered by the court shall be available for examination by the acquittee, counsel for the acquittee and the state's attorney.
(P.A. 85-506, S. 19, 32.)
History: Sec. 17-257s transferred to Sec. 17a-598 in 1991.

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Sec. 17a-599. (Formerly Sec. 17-257t). Confinement under conditions of maximum security. At any time the court or the board determines that the acquittee is a person who should be confined, it shall make a further determination of whether the acquittee is so violent as to require confinement under conditions of maximum security. Any acquittee found so violent as to require confinement under conditions of maximum security shall not be confined in any hospital for psychiatric disabilities or placed with the Commissioner of Mental Retardation unless such hospital or said commissioner has the trained and equipped staff, facilities or security to accommodate such acquittee.
(P.A. 85-506, S. 20, 32; P.A. 87-486, S. 12; P.A. 95-257, S. 48, 58.)
History: P.A. 87-486 added reference to an acquittee placed with the commissioner of mental retardation; Sec. 17-257t transferred to Sec. 17a-599 in 1991; P.A. 95-257 substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995.

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Sec. 17a-600. (Formerly Sec. 17-257u). Appointment of overseer and conservator for acquittee. Payment of expenses. (a) The court may appoint a person to act as an overseer for any acquittee who is committed to the jurisdiction of the board. On appointment, the overseer shall make an application to the probate court of competent jurisdiction for the appointment of a conservator of the estate of the acquittee.
(b) The expense of confinement, support and treatment of any acquittee committed to the jurisdiction of the board shall be computed and paid for in accordance with the provisions of sections 17a-528, 17b-19, 17b-63 to 17b-65, inclusive, 17b-116 to 17b- 138, inclusive, 17b-220 to 17b-250, inclusive, 17b-256, 17b-259, 17b-263, 17b-287, 17b-340 to 17b-350, inclusive, 17b-689, 17b-689b and 17b-743 to 17b-747, inclusive.
(P.A. 85-506, S. 21, 32.)
History: Sec. 17-257u transferred to Sec. 17a-600 in 1991; (Revisor's note: In 1999 the references in Subsec. (b) to "17b-115 to 17b-138," and "17b-689 to 17b-693," were changed editorially by the Revisors to "17b-116 to 17b-138," and "17b-689, 17b-689b," respectively, to reflect the repeal of certain sections by section 164 of June 18 Sp. Sess. P.A. 97-2).

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Sec. 17a-601. (Formerly Sec. 17-257v). Notice to victims of court and board hearings. (a) For the purposes of this section, "victim" means a person who is a victim of a class A, B or C felony, the legal representative of such person or a member of a deceased victim's immediate family.
(b) Any court rendering a judgment of acquittal pursuant to section 53a-13 shall make a specific finding as to whether there is a victim of the act committed by the acquittee and, if so, whether the victim desires notice pursuant to this section. If the court finds that a victim desires notice, it shall notify the victim of any hearing held by the court pursuant to section 17a-582 or 17a-593. The court shall, on committing an acquittee to the jurisdiction of the board, identify the victim to the board and the board shall thereafter make a reasonable effort to notify the victim of any board hearings or orders or of any escape of the acquittee. The victim may appear at any court or board hearing concerning the acquittee to make a statement.
(P.A. 85-506, S. 22, 32.)
History: Sec. 17-257v transferred to Sec. 17a-601 in 1991.

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Sec. 17a-602. (Formerly Sec. 17-257w). Applicability of sections 17a-580 to 17a-601, inclusive. (a) Unless otherwise prohibited by law, sections 17a-580 to 17a- 601, inclusive, apply (1) to any person who, on or after July 1, 1985, is found not guilty by reason of mental disease or defect pursuant to section 53a-13, and (2) to any person who, prior to July 1, 1985, was found not guilty by reason of mental disease or defect, or guilty but not criminally responsible, pursuant to section 53a-13, and who, on July 1, 1985, is confined, temporarily confined, or otherwise subject to court supervision pursuant to section 53a-47 of the general statutes, revision of 1958, revised to January 1, 1985.
(b) For the purposes of sections 17a-580 to 17a-601, inclusive, and this section, the terms "acquittee" and "person found not guilty by reason of mental disease or defect" include a person found guilty but not criminally responsible pursuant to section 53a-13 of the general statutes, revision of 1958, revised to January 1, 1983.
(c) All persons confined as a danger to themselves or others pursuant to section 53a-47 of the general statutes, revision of 1958, revised to January 1, 1985, shall be deemed committed to the jurisdiction of the board on July 1, 1985, and for the remainder of the term of commitment. Any such person may apply to the board for conditional release or to the court for discharge in the same manner as any person committed to the jurisdiction of the board on or after July 1, 1985.
(d) Any person subject to temporary confinement on July 1, 1985, pursuant to section 53a-47 of the general statutes, revision of 1958, revised to January 1, 1985, shall be confined for examination and a hearing pursuant to section 17a-582.
(P.A. 85-506, S. 23, 32.)
History: Sec. 17-257w transferred to Sec. 17a-602 in 1991.
Annotations to former section 17-257w:
Cited. 200 C. 208, 223.
Subsec. (a):
Cited. 211 C. 591, 593. Cited. 215 C. 675, 685.
Subsec. (c):
Cited. 215 C. 675, 680.

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Sec. 17a-603. Court enforcement of statutes and orders. The Superior Court, on application of the Psychiatric Security Review Board or the Attorney General, may enforce by appropriate decree or process any provision of sections 17a-580 to 17a-602, inclusive, or any order of the board rendered in pursuance of any statutory provision.
(P.A. 90-10.)

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Secs. 17a-604 to 17a-614. Reserved for future use.

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PART VI
INTERSTATE COMPACT ON MENTAL HEALTH

Sec. 17a-615. (Formerly Sec. 17-258). Interstate Compact on Mental Health. The Interstate Compact on Mental Health is hereby enacted into law and entered into by this state with all other states legally joining therein in the form substantially as follows:

INTERSTATE COMPACT ON MENTAL HEALTH

The contracting states solemnly agree that:

Article I

The party states find that the proper and expeditious treatment of the mentally ill and mentally deficient can be facilitated by cooperative action, to the benefit of the patients, their families, and society as a whole. Further, the party states find that the necessity of and desirability for furnishing such care and treatment bears no primary relation to the residence or citizenship of the patient but that, on the contrary, the controlling factors of community safety and humanitarianism require that facilities and services be made available for all who are in need of them. Consequently, it is the purpose of this compact and of the party states to provide the necessary legal basis for the institutionalization or other appropriate care and treatment of the mentally ill and mentally deficient under a system that recognizes the paramount importance of patient welfare and to establish the responsibilities of the party states in terms of such welfare.

Article II

As used in this compact:
(a) "Sending state" shall mean a party state from which a patient is transported pursuant to the provisions of the compact or from which it is contemplated that a patient may be so sent.
(b) "Receiving state" shall mean a party state to which a patient is transported pursuant to the provisions of the compact or to which it is contemplated that a patient may be so sent.
(c) "Institution" shall mean any hospital or other facility maintained by a party state or political subdivision thereof for the care and treatment of mental illness or mental deficiency.
(d) "Patient" shall mean any person subject to or eligible as determined by the laws of the sending state, for institutionalization or other care, treatment, or supervision pursuant to the provisions of this compact.
(e) "Aftercare" shall mean care, treatment and services provided a patient, as defined herein, on convalescent status or conditional release.
(f) "Mental illness" shall mean mental disease to such extent that a person so afflicted requires care and treatment for his own welfare, or the welfare of others, or of the community.
(g) "Mental deficiency" shall mean mental deficiency as defined by appropriate clinical authorities to such extent that a person so afflicted is incapable of managing himself and his affairs, but shall not include mental illness as defined herein.
(h) "State" shall mean any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

Article III

(a) Whenever a person physically present in any party state shall be in need of institutionalization by reason of mental illness or mental deficiency, he shall be eligible for care and treatment in an institution in that state irrespective of his residence, settlement or citizenship qualifications.
(b) The provisions of paragraph (a) of this article to the contrary notwithstanding, any patient may be transferred to an institution in another state whenever there are factors based upon clinical determinations indicating that the care and treatment of said patient would be facilitated or improved thereby. Any such institutionalization may be for the entire period of care and treatment or for any portion or portions thereof. The factors referred to in this paragraph shall include the patient's full record with due regard for the location of the patient's family, character of the illness and probable duration thereof, and such other factors as shall be considered appropriate.
(c) No state shall be obliged to receive any patient pursuant to the provisions of paragraph (b) of this article unless the sending state has given advance notice of its intention to send the patient; furnished all available medical and other pertinent records concerning the patient; given the qualified medical or other appropriate clinical authorities of the receiving state an opportunity to examine the patient if said authorities so wish; and unless the receiving state shall agree to accept the patient.
(d) In the event that the laws of the receiving state establish a system of priorities for the admission of patients, an interstate patient under this compact shall receive the same priority as a local patient and shall be taken in the same order and at the same time that he would be taken if he were a local patient.
(e) Pursuant to this compact, the determination as to the suitable place of institutionalization for a patient may be reviewed at any time and such interest of the patient.

Article IV

(a) Whenever, pursuant to the laws of the state in which a patient is physically present, it shall be determined that the patient should receive aftercare or supervision, such care or supervision may be provided in a receiving state. If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state shall have reason to believe that aftercare in another state would be in the best interest of the patient and would not jeopardize the public safety, they shall request the appropriate authorities in the receiving state to investigate the desirability of affording the patient such aftercare in said receiving state, and such investigation shall be made with all reasonable speed. The request for investigation shall be accompanied by complete information concerning the patient's intended place of residence and the identity of the person in whose charge it is proposed to place the patient, the complete medical history of the patient, and such other documents as may be pertinent.
(b) If the medical or other appropriate clinical authorities having responsibility for the care and treatment of the patient in the sending state and the appropriate authorities in the receiving state find that the best interest of the patient would be served thereby, and if the public safety would not be jeopardized thereby, the patient may receive aftercare or supervision in the receiving state.
(c) In supervising, treating, or caring for a patient on aftercare pursuant to the terms of this article, a receiving state shall employ the same standards of visitation, examination, care and treatment that it employs for similar local patients.

Article V

Whenever a dangerous or potentially dangerous patient escapes from an institution in any party state, that state shall promptly notify all appropriate authorities within and without the jurisdiction of the escape in a manner reasonably calculated to facilitate the speedy apprehension of the escapee. Immediately upon the apprehension and identification of any such dangerous or potentially dangerous patient, he shall be detained in the state where found pending disposition in accordance with law.

Article VI

The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the patient, shall be permitted to transport any patient being moved pursuant to this compact through any and all states party to this compact, without interference.

Article VII

(a) No person shall be deemed a patient of more than one institution at any given time. Completion of transfer of any patient to an institution in a receiving state shall have the effect of making the person a patient of the institution in the receiving state.
(b) The sending state shall pay all costs of and incidental to the transportation of any patient pursuant to this compact, but any two or more party states may, by making a specific agreement for that purpose, arrange for a different allocation of costs as among themselves.
(c) No provision of this compact shall be construed to alter or affect any internal relationships among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
(d) Nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to any provision of this compact.
(e) Nothing in this compact shall be construed to invalidate any institutionalization, care or treatment of the mentally ill or mentally deficient, or any statutory authority pursuant to which such agreements may be made.

Article VIII

(a) Nothing in this compact shall be construed to abridge, diminish, or in any way impair the rights, duties, and responsibilities of any patient's guardian on his own behalf or in respect of any patient for whom he may serve, except that where the transfer of any patient to another jurisdiction makes advisable the appointment of a supplemental or substitute guardian, any court of competent jurisdiction in the receiving state may make such supplemental or substitute appointment and the court which appointed the previous guardian shall upon being duly advised of the new appointment, and upon the satisfactory completion of such accounting and other acts as such court may by law require, relieve the previous guardian of power and responsibility to whatever extent shall be appropriate in the circumstances; provided, however, that in the case of any patient having settlement in the sending state, the court of competent jurisdiction in the sending state, which court in the State of Connecticut shall be the Superior Court, shall have sole discretion to relieve a guardian appointed by it or continue his power and responsibility, whichever it shall deem advisable. The court in the receiving state may, in its discretion, confirm or reappoint the person or persons previously serving as guardian in the sending state in lieu of making a supplemental or substitute appointment.
(b) The term "guardian" as used in paragraph (a) of this article shall include any guardian, trustee, legal committee, conservator, or other person or agency however denominated who is charged by law with power to act for or responsibility for the person or property of a patient.

Article IX

(a) No provision of this compact except Article V shall apply to any person institutionalized while under sentence in a penal or correctional institution or while subject to trial on a criminal charge, or whose institutionalization is due to the commission of an offense for which, in the absence of mental illness or mental deficiency, said person would be subject to incarceration in a penal or correctional institution.
(b) To every extent possible, it shall be the policy of states party to this compact that no patient shall be placed or detained in any prison, jail or lockup, but such patient shall, with all expedition, be taken to a suitable institutional facility for mental illness or mental deficiency.

Article X

(a) Each party state shall appoint a "compact administrator" who, on behalf of his state, shall act as general coordinator of activities under the compact in his state and who shall receive copies of all reports, correspondence, and other documents relating to any patient processed under the compact by his state either in the capacity of sending or receiving state. The compact administrator or his duly designated representative shall be the official with whom other party states shall deal in any matter relating to the compact or any patient processed thereunder.
(b) The compact administrators of the respective party states shall have power to promulgate reasonable rules and regulations to carry out more effectively the terms and provisions of this compact.

Article XI

The duly constituted administrative authorities of any two or more party states may enter into supplementary agreements for the provision of any service or facility or for the maintenance of any institution on a joint or cooperative basis whenever the states concerned shall find that such agreements will improve services, facilities, or institutional care and treatment in the fields of mental illness or mental deficiency. No such supplementary agreement shall be construed so as to relieve any party state of any obligation which it otherwise would have under other provisions of this compact.

Article XII

This compact shall enter into full force and effect as to any state when enacted by it into law and such state shall thereafter be a party thereto with any and all states legally joining therein.

Article XIII

(a) A state party to this compact may withdraw therefrom by enacting a statute repealing the same. Such withdrawal shall take effect one year after notice thereof has been communicated officially and in writing to the governors and compact administrators of all other party states. However, the withdrawal of any state shall not change the status of any patient who has been sent to said state or sent out of said state pursuant to the provisions of the compact.
(b) Withdrawal from any agreement permitted by Article VII (b) as to costs or from any supplementary agreement made pursuant to Article XI shall be in accordance with the terms of such agreement.

Article XIV

This compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
(November, 1955, S. N186; P.A. 76-436, S. 367, 681.)
History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 17-258 transferred to Sec. 17a-615 in 1991.
Annotation to former section 17-258:
Cited. 31 CS 197.

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