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Senate Bill No. 292

Public Act No. 04-52

AN ACT CONCERNING THE STATUS OF PATIENTS OF THE WHITING FORENSIC DIVISION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 17a-570 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2004):

(a) As soon as is practicable, the director of the Whiting Forensic Division shall act upon the examination reports of [his] the director's 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] whether such patient: (1) [Remain] Is to 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)] (2) has sufficiently improved to warrant [his] discharge from the division, provided if such [person] patient was sentenced and confined in the division under section 17a-567, [he] such patient shall not be released except upon order of the court by which [he] such patient was confined under said section, after notice to said court by the director. The director shall report each determination made under this subsection to the court by which the patient was confined in the division.

(b) If a report submitted by the director to the court under subsection (a) of this section recommends that the patient be returned to the custody of the Commissioner of Correction, the court shall set the matter for a hearing not later than fifteen days after receipt of such report.

[(b)] (c) The court, upon its own motion or at the request of the [defendant or his] patient or the patient's attorney, may at any time hold a hearing to determine whether such [person] patient should be discharged from the division prior to the expiration of the maximum period of [his] the patient's 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 that the patient should be discharged from the division, [he] the patient shall be returned to the custody of the Commissioner of Correction.

Approved May 4, 2004