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of  the  general  statutes  is  repealed  and  the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