Substitute Senate Bill No. 610
Substitute Senate Bill No. 610
PUBLIC ACT NO. 98-88
AN ACT CONCERNING COMPETENCY TO STAND TRIAL.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Subsection (k) of section 54-56d
of the general statutes is repealed and the
following is substituted in lieu thereof:
(k) (1) When any placement order for
treatment is rendered or continued, the court
shall set a date for a hearing, to be held within
ninety days, for reconsideration of the issue of
the defendant's competency. Whenever the court
receives a report pursuant to subsection (j) which
indicates [either] that [(1)] (A) the defendant
has attained competency, [or that (2)] (B) the
defendant will not attain competency within the
remainder of the period covered by the placement
order OR (C) THE DEFENDANT WILL NOT ATTAIN
COMPETENCY WITHIN THE REMAINDER OF THE PERIOD
COVERED BY THE PLACEMENT ORDER ABSENT
ADMINISTRATION OF PSYCHIATRIC MEDICATION FOR WHICH
THE DEFENDANT IS UNWILLING OR UNABLE TO PROVIDE
CONSENT, the court shall set the matter for a
hearing no later than ten days after the report is
received. The hearing may be waived by the
defendant only if the report indicates that he is
competent. The court shall determine whether the
defendant is competent or whether he is making
progress toward attainment of competency within
the period covered by the placement order. If the
court finds that the defendant is competent, he
shall be returned to the custody of the
Commissioner of Correction or released, if he has
met the conditions for release, and the court
shall continue with the criminal proceedings. If
the court finds that the defendant is still not
competent but that he is making progress toward
attaining [competence] COMPETENCY, it may continue
or modify the placement order. IF THE COURT FINDS
THAT THE DEFENDANT IS STILL NOT COMPETENT AND WILL
NOT ATTAIN COMPETENCY WITHIN THE REMAINDER OF THE
PERIOD COVERED BY THE PLACEMENT ORDER ABSENT
ADMINISTRATION OF PSYCHIATRIC MEDICATION FOR WHICH
HE IS UNWILLING OR UNABLE TO PROVIDE CONSENT, IT
SHALL PROCEED AS PROVIDED IN SUBDIVISIONS (2) AND
(3) OF THIS SUBSECTION.
(2) IF THE COURT FINDS THAT THE DEFENDANT WILL
NOT ATTAIN COMPETENCY WITHIN THE REMAINDER OF THE
PERIOD COVERED BY THE PLACEMENT ORDER ABSENT
ADMINISTRATION OF PSYCHIATRIC MEDICATION FOR WHICH
THE DEFENDANT IS UNWILLING OR UNABLE TO PROVIDE
CONSENT, AND AFTER ANY HEARING HELD PURSUANT TO
SUBDIVISION (3) OF THIS SUBSECTION, IT MAY ORDER
THE INVOLUNTARY MEDICATION OF THE DEFENDANT IF IT
FINDS BY CLEAR AND CONVINCING EVIDENCE THAT: (A)
TO A REASONABLE DEGREE OF MEDICAL CERTAINTY
INVOLUNTARY MEDICATION OF THE DEFENDANT WILL
RENDER HIM COMPETENT TO STAND TRIAL, (B) AN
ADJUDICATION OF GUILT OR INNOCENCE CANNOT BE HAD
USING LESS INTRUSIVE MEANS, (C) THE PROPOSED
TREATMENT PLAN IS NARROWLY TAILORED TO MINIMIZE
INTRUSION ON THE DEFENDANT'S LIBERTY AND PRIVACY
INTERESTS, (D) THE PROPOSED DRUG REGIME WILL NOT
CAUSE AN UNNECESSARY RISK TO THE DEFENDANT'S
HEALTH AND (E) THE SERIOUSNESS OF THE ALLEGED
CRIME IS SUCH THAT THE CRIMINAL LAW ENFORCEMENT
INTEREST OF THE STATE IN FAIRLY AND ACCURATELY
DETERMINING THE DEFENDANT'S GUILT OR INNOCENCE
OVERRIDES THE DEFENDANT'S INTEREST IN
SELF-DETERMINATION.
(3) IF THE COURT FINDS THAT THE DEFENDANT IS
UNABLE TO PROVIDE CONSENT FOR THE ADMINISTRATION
OF PSYCHIATRIC MEDICATION, AND PRIOR TO DECIDING
WHETHER TO ORDER THE INVOLUNTARY MEDICATION OF THE
DEFENDANT UNDER SUBDIVISION (2) OF THIS
SUBSECTION, THE COURT SHALL APPOINT A LICENSED
HEALTH CARE PROVIDER WITH SPECIALIZED TRAINING IN
THE TREATMENT OF PERSONS WITH PSYCHIATRIC
DISABILITIES TO REPRESENT THE HEALTH CARE
INTERESTS OF THE DEFENDANT BEFORE THE COURT.
NOTWITHSTANDING THE PROVISIONS OF SECTION 52-146e,
SUCH PERSON SHALL HAVE ACCESS TO THE PSYCHIATRIC
RECORDS OF THE DEFENDANT. SUCH PERSON SHALL FILE A
REPORT WITH THE COURT NOT LATER THAN THIRTY DAYS
AFTER HIS OR HER APPOINTMENT. THE REPORT SHALL SET
FORTH SUCH PERSON'S FINDINGS AND RECOMMENDATIONS
CONCERNING THE ADMINISTRATION OF PSYCHIATRIC
MEDICATION TO THE DEFENDANT INCLUDING THE RISKS
AND BENEFITS OF SUCH MEDICATION, THE LIKELIHOOD
AND SERIOUSNESS OF ANY ADVERSE SIDE EFFECTS AND
THE PROGNOSIS WITH AND WITHOUT SUCH MEDICATION.
THE COURT SHALL HOLD A HEARING ON THE MATTER NOT
LATER THAN TEN DAYS AFTER RECEIPT OF SUCH PERSON'S
REPORT AND SHALL, IN DECIDING WHETHER TO ORDER THE
INVOLUNTARY MEDICATION OF THE DEFENDANT, TAKE INTO
ACCOUNT SUCH PERSON'S OPINION CONCERNING THE
HEALTH CARE INTERESTS OF THE DEFENDANT.
Sec. 2. Subsection (m) of section 54-56d of
the general statutes is repealed and the following
is substituted in lieu thereof:
(m) If at any time the court determines that
there is not a substantial probability that the
defendant will [become competent] ATTAIN
COMPETENCY within the period of treatment allowed
by this section, or if at the end of that period
the court finds that the defendant is still not
competent, the court shall either release the
defendant from custody or order the defendant
placed in the custody of the Commissioner of
Mental Health and Addiction Services, the
Commissioner of Children and Families or the
Commissioner of Mental Retardation. The
commissioner given custody or his designee shall
then apply for civil commitment according to
sections 17a-75 to 17a-83, inclusive, 17a-270 to
17a-283, inclusive, and 17a-495 to 17a-528,
inclusive, AS AMENDED. The court shall hear
arguments as to whether the defendant should be
released or should be placed in the custody of the
Commissioner of Mental Health and Addiction
Services, the Commissioner of Children and
Families or the Commissioner of Mental
Retardation. IF THE COURT ORDERS THE RELEASE OF A
DEFENDANT CHARGED WITH THE COMMISSION OF A CRIME
THAT RESULTED IN THE DEATH OR SERIOUS PHYSICAL
INJURY, AS DEFINED IN SECTION 53a-3, OF ANOTHER
PERSON, IT MAY, ON ITS OWN MOTION OR ON MOTION OF
THE PROSECUTING AUTHORITY, ORDER, AS A CONDITION
OF SUCH RELEASE, PERIODIC EXAMINATIONS OF THE
DEFENDANT AS TO HIS COMPETENCY. SUCH AN
EXAMINATION SHALL BE CONDUCTED IN ACCORDANCE WITH
SUBSECTION (d) OF THIS SECTION. UPON RECEIPT OF
THE WRITTEN REPORT AS PROVIDED IN SAID SUBSECTION
(d) THE COURT SHALL, UPON THE REQUEST OF EITHER
PARTY FILED NOT LATER THAN THIRTY DAYS AFTER THE
COURT RECEIVES SUCH REPORT, CONDUCT A HEARING AS
PROVIDED IN SUBSECTION (e) OF THIS SECTION. SUCH
HEARING SHALL BE HELD NOT LATER THAN NINETY DAYS
AFTER THE COURT RECEIVES SUCH REPORT. IF THE COURT
FINDS THAT THE DEFENDANT HAS ATTAINED COMPETENCY,
HE SHALL BE RETURNED TO THE CUSTODY OF THE
COMMISSIONER OF CORRECTION OR RELEASED, IF HE HAS
MET THE CONDITIONS FOR RELEASE, AND THE COURT
SHALL CONTINUE WITH THE CRIMINAL PROCEEDINGS.
PERIODIC EXAMINATIONS ORDERED BY THE COURT UNDER
THIS SUBSECTION SHALL CONTINUE UNTIL THE COURT
FINDS THAT THE DEFENDANT HAS ATTAINED COMPETENCY
OR UNTIL THE TIME WITHIN WHICH THE DEFENDANT MAY
BE PROSECUTED FOR THE CRIME WITH WHICH HE IS
CHARGED, AS PROVIDED IN SECTION 54-193 OR 54-193a,
HAS EXPIRED, WHICHEVER OCCURS FIRST. The court
shall dismiss, with or without prejudice, any
charges for which a nolle prosequi is not entered
when the time within which the defendant may be
prosecuted for the crime with which he is charged,
as provided in section 54-193 OR 54-193a, has
expired. Notwithstanding the erasure provisions of
section 54-142a, police and court records and
records of any state's attorney pertaining to a
charge which is nolled or dismissed without
prejudice while the defendant is not competent
shall not be erased until the time for the
prosecution of the defendant expires under section
54-193 OR 54-193a. A defendant who is not civilly
committed as a result of an application made by
the Commissioner of Mental Health and Addiction
Services, the Commissioner of Children and
Families or the Commissioner of Mental Retardation
pursuant to this section shall be released. A
defendant who is civilly committed pursuant to
such an application shall be treated in the same
manner as any other civilly committed person.
Approved May 22, 1998