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House Bill No. 7090

Public Act No. 17-179

AN ACT CONCERNING THE DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES' RECOMMENDATIONS REGARDING TRANSFER OF A PATIENT UNDER THE JURISDICTION OF THE PSYCHIATRIC SECURITY REVIEW BOARD FOR TREATMENT OR RECOVERY.

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

Section 1. Section 17a-599 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) 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 Developmental Services unless such hospital or said commissioner has the trained and equipped staff, facilities or security to accommodate such acquittee.

(b) The Commissioner of Mental Health and Addiction Services may transfer any acquittee who requires (1) confinement under conditions of maximum security pursuant to subsection (a) of this section, and (2) medical treatment that is unavailable in the maximum security environment or would constitute a safety hazard to the acquittee or others due to the use of certain medical equipment or material, to a facility that can provide such medical treatment, provided (A) the commissioner ensures that the conditions of custody of the acquittee at such facility are and remain equivalent to conditions of maximum security, (B) the commissioner provides immediate written justification to the board upon such transfer, and (C) transfer of the acquittee back to the maximum security setting occurs upon completion of the medical treatment.