Sec. 17a-458. (Formerly Sec. 17-207a). Definitions.
When used in this section and
sections 17a-450, 17a-451, 17a-455, 17a-457, 17a-465, 17a-470, 17a-472, 17a-473
and 17a-475 unless otherwise expressly stated or unless the context otherwise
requires:
(a) "Persons with psychiatric
disabilities" means those persons 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";
(b) "Persons with substance
abuse disabilities" means alcohol dependent persons, as that term is
defined in subdivision (1) of section 17a-680, or drug dependent persons, as
that term is defined in subdivision (7) of section 17a-680;
(c) "State-operated
facilities" means those hospitals or other facilities providing treatment
for persons with psychiatric disabilities or for persons with substance abuse
disabilities, or both, which are operated in whole or in part by the Department
of Mental Health and Addiction Services. Such facilities include, but are not
limited to, Capitol Region Mental Health Center, Connecticut Valley Hospital,
Norwich Hospital, Fairfield Hills Hospital, the Connecticut Mental Health
Center, the Franklin S. DuBois Center, Cedarcrest Regional Hospital, the Greater Bridgeport
Community Mental Health Center, Blue Hills Hospital, Berkshire Woods Treatment
Center, Eugene Boneski Treatment Center, and Dutcher Treatment Center, but shall not include those
portions of such facilities transferred to the Department of Children and
Families for the purpose of consolidation of children's services.
Sec. 17a-458a. Term "psychiatric
disability" substituted for "mental illness".
(a) Whenever the term "mental
illness" is used or referred to in the following sections of the general
statutes, the term "psychiatric disabilities" shall be substituted in
lieu thereof: 17a-474, 17a-478, 17a-479, 17a-495, to 17a-508, inclusive,
17a-510 to 17a- 513, inclusive, 17a-515, 17a-521, 17a-523, 17a-524, 17a-526,
17a-528, 17a-540 to 17a- 543, inclusive, 17a-546, 17a-582, 17a-584, 17a-586 to
17a-588, inclusive, 17a-592, 17a-593, 17a-594, 17a-596 and 17a-599.
(b) Whenever the term "mentally
ill person" or "mentally ill persons" is used or referred to in
the following sections of the general statutes, the term "person with
psychiatric disabilities" or "persons with psychiatric
disabilities", as the context requires, shall be substituted in lieu
thereof: 17a-497 to 17a-501, inclusive, 17a-504, 17a-509, 17a- 514 and 17a-580.
(c) Whenever the term "state
hospital for the mentally ill" is used in the following sections of the
general statutes, the term "state hospital for persons with psychiatric
disabilities" shall be substituted in lieu thereof: 17a-499, 17a-510 and
17a-517.
(d) Whenever the term "mentally
ill" is used or referred to in the following sections of the general
statutes, the term "a person with psychiatric disabilities" shall be
substituted in lieu thereof: 17a-514, 17a-593, 17a-594 and 17a-596.
(e) Whenever the term "the
mentally ill" is used or referred to in the following sections of the
general statutes, the term "persons with psychiatric disabilities"
shall be substituted in lieu thereof: 17a-469, 17a-474, 17a-475, 17a-479,
17a-499, 17a-501, 17a- 510, 17a-521, 17a-522 and 17a-523.
(f) Whenever the term "is
mentally ill" is used or referred to in the following sections of the
general statutes, the term "has psychiatric disabilities" shall be
substituted in lieu thereof: 17a-497, 17a-498, 17a-502, 17a-503, 17a-504,
17a-508, 17a-526, 17a-566, 17a- 569 and 17a-580.
(g) Whenever the term "is not
mentally ill" is used or referred to in the following sections of the
general statutes, the term "does not have psychiatric disabilities"
shall be substituted in lieu thereof: 17a-504, 17a-510, 17a-514 and 17a-580.
(h) Whenever the term "be
mentally ill" is used or referred to in the following sections of the
general statutes, the term "have psychiatric disabilities" shall be
substituted in lieu thereof: 17a-519, 17a-525, 17a-528 and 17a-567.
Sec. 17a-486. (Formerly Sec.
17a-681a). Clinical assessment of certain persons charged with misdemeanor.
Recommended treatment plan for consideration by court.
Prior to the arraignment of a person
charged solely with the commission of a misdemeanor, the Department of Mental
Health and Addiction Services shall, to the maximum extent possible within the
limits of available appropriations, with the consent of the arrested person,
cause a clinical assessment to be performed of any person who has previously
received mental health services or treatment for substance abuse from the
department or who would reasonably benefit from such services to determine
whether such person should be referred for community-based mental health
services. If the person is determined to be in need of such services and is
willing to accept the services offered, the court shall be informed of the
result of the assessment and the recommended treatment plan for consideration
by the court in the disposition of the criminal case.
PART II*
COMMITMENT. GENERAL PROVISIONS
Sec. 17a-495. (Formerly Sec.
17-176). Definitions.
(a) For the purposes of sections
17a-75 to 17a-83, inclusive, and 17a-615 to 17a-618, inclusive, the following
terms shall have the following meanings: "Business day" means Monday
to Friday, inclusive, except when a legal holiday falls on any such day;
"hospital for psychiatric disabilities" means any public or private
hospital, retreat, institution, house or place in which any mentally ill person
is received or detained as a patient, but shall not include any correctional
institution of this state; "mentally ill person" means any person who
has a mental or emotional condition which has substantial adverse effects on
his or her ability to function and who requires care and treatment, and
specifically excludes a person who is an alcohol-dependent person or a
drug-dependent person, as defined in section 17a- 680; "patient"
means any person detained and taken care of as a mentally ill person; "keeper
of a hospital for psychiatric disabilities" means any person, body of
persons or corporation which has the immediate superintendence, management and
control of a hospital for psychiatric disabilities and the patients therein;
"support" includes all necessary food, clothing and medicine and all
general expenses of maintaining state institutions for the mentally ill;
"indigent person" means any person who has an estate insufficient, in
the judgment of the Court of Probate, to provide for his or her support and has
no person or persons legally liable who are able to support him or her;
"dangerous to himself or herself or others" means there is a
substantial risk that physical harm will be inflicted by an individual upon his
or her own person or upon another person, and "gravely disabled"
means that a person, as a result of mental or emotional impairment, is in
danger of serious harm as a result of an inability or failure to provide for
his or her own basic human needs such as essential food, clothing, shelter or
safety and that hospital treatment is necessary and available and that such
person is mentally incapable of determining whether or not to accept such
treatment because his judgment is impaired by his psychiatric disabilities.
"Respondent" means a person who is alleged to be mentally ill and for
whom an application for commitment to a mental institution has been filed;
"voluntary patient" means any patient sixteen years of age or older
who applies in writing to and is admitted to a hospital for psychiatric
disabilities as a mentally ill person or any patient under sixteen years of age
whose parent or legal guardian applies in writing to such hospital for
admission of such patient; "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.
(b) For the purposes of sections
17a-450 to 17a-484, inclusive, 17a-495 to 17a- 528, inclusive, 17a-540 to
17a-550, inclusive, and 17a-560 to 17a-576, inclusive, the following terms
shall have the following meanings: "Business day" means Monday to
Friday, inclusive, except when a legal holiday falls on any such day;
"hospital for persons with psychiatric disabilities" means any public
or private hospital, retreat, institution, house or place in which any person
with psychiatric disabilities is received or detained as a patient, but shall
not include any correctional institution of this state; "patient"
means any person detained and taken care of as a person with psychiatric
disabilities; "keeper of a hospital for persons with psychiatric
disabilities" means any person, body of persons or corporation which has
the immediate superintendence, management and control of a hospital for persons
with psychiatric disabilities and the patients therein; "support"
includes all necessary food, clothing and medicine and all general expenses of
maintaining state institutions for the persons with psychiatric disabilities;
"indigent person" means any person who has an estate insufficient, in
the judgment of the Court of Probate, to provide for his or her support and has
no person or persons legally liable who are able to support him or her;
"dangerous to himself or herself or others" means there is a
substantial risk that physical harm will be inflicted by an individual upon his
or her own person or upon another person; "gravely disabled" means
that a person, as a result of mental or emotional impairment, is in danger of
serious harm as a result of an inability or failure to provide for his or her
own basic human needs such as essential food, clothing, shelter or safety and
that hospital treatment is necessary and available and that such person is
mentally incapable of determining whether or not to accept such treatment
because his judgment is impaired by his psychiatric disabilities;
"respondent" means a person who is alleged to have psychiatric
disabilities and for whom an application for commitment to an institution for
persons with psychiatric disabilities has been filed; "voluntary
patient" means any patient sixteen years of age or older who applies in
writing to and is admitted to a hospital for persons with psychiatric
disabilities as a person with psychiatric disabilities or any patient under
sixteen years of age whose parent or legal guardian applies in writing to such
hospital for admission of such patient; and "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.
(c) For the purposes of sections
17a-495 to 17a-528, inclusive, "person with psychiatric disabilities"
means any person who has a mental or emotional condition which has substantial
adverse effects on his or her ability to function and who requires care and
treatment, and specifically excludes a person who is an alcohol-dependent
person or a drug-dependent person, as defined in section 17a-680.
(d) For the purposes of sections
17a-452 to 17a-454, inclusive, 17a-456, 17a-458 to 17a-464, inclusive, 17a-466
to 17a-469, inclusive, 17a-471, 17a-474, 17a-476 to 17a- 484, inclusive,
17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a- 615 to
17a-618, inclusive, "person with psychiatric disabilities" means any
person who has a mental or emotional condition which has substantial adverse
effects on his or her ability to function and who requires care and treatment,
and specifically includes a person who is an alcohol-dependent person or a
drug-dependent person, as defined in section 17a-680.
Sec. 17a-496. (Formerly Sec.
17-229). Penalty.
Any keeper of a hospital for
psychiatric disabilities who wilfully violates any of
the provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484,
inclusive, 17a-495 to 17a-528, inclusive, 17a- 540 to 17a-550, inclusive,
17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, shall be
fined not more than two hundred dollars or imprisoned not more than one year or
both.
Sec. 17a-497. (Formerly Sec.
17-177). Commitment jurisdiction. Application. Appointment of three-judge
court.
(a) The jurisdiction of the
commitment of a person with psychiatric disabilities to a hospital for psychiatric
disabilities shall be vested in the court of probate for the district in which
such person resides or, when his or her place of residence is out of the state
or unknown, in which he or she may be at the time of filing the application,
except in cases where it is otherwise expressly provided by law. In any case in
which the person is hospitalized in accordance with the provisions of sections
17a-498, 17a-502 or 17a-506, and an application for the commitment of such
person is filed in accordance with the provisions of said sections, the
jurisdiction shall be vested in the court of probate for the district in which
the hospital where such person is a patient is located. In the event that an
application has been previously filed in another probate court with respect to
the same confinement, no further action shall be taken on such prior
application. If the respondent is confined to a hospital, notwithstanding the
provisions of section 45a-7, the judge of probate from the district where the
application was filed shall hold the hearing on such commitment at the hospital
where such person is confined, if in the opinion of at least one of the
physicians appointed by the court to examine him it would be detrimental to the
health and welfare of the respondent to travel to the court of probate where
the application was filed or if it could be dangerous to the respondent or
others for him to travel to such court. Courts of probate shall exercise such
jurisdiction only upon written application alleging in substance that such
person has psychiatric disabilities and is dangerous to himself or herself or
others or gravely disabled. Such application may be made by any person and, if
any person with psychiatric disabilities is at large and dangerous to the
community, the first selectman or chief executive officer of the town in which
he or she resides or in which he or she is at large shall make such
application.
(b) Upon the motion of any
respondent or his or her counsel, or the judge of probate having jurisdiction
over such application, filed not later than three days prior to any hearing
scheduled on such application, the Probate Court Administrator shall appoint a
three-judge court from among the several judges of probate to hear such
application. Such three-judge court shall consist of at least one judge who is
an attorney-at-law admitted to practice in this state. The judge of the court
of probate having jurisdiction over such application under the provisions of
this section shall be a member, provided such judge may disqualify himself in
which case all three members of such court shall be appointed by the Probate
Court Administrator. Such three-judge court when convened shall have all the
powers and duties set forth under sections 17a-75 to 17a-83, inclusive, 17a-450
to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550,
inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive,
and shall be subject to all of the provisions of law as if it were a
single-judge court. No such respondent shall be involuntarily confined without
the vote of at least two of the three judges convened hereunder. The judges of
such court shall designate a chief judge from among their members. All records
for any case before the three-judge court shall be maintained in the court of
probate having jurisdiction over the matter as if the three-judge court had not
been appointed.
Sec. 17a-498. (Formerly Sec. 17-178).
Hearing on commitment application. Notice. Rights of respondent. Examination by
physicians. Order commitment. Election
of voluntary status prior to adjudication. Review of confinement.
(a) Upon such application being
filed in the Probate Court, such court shall assign a time, not later than ten
business days thereafter, and a place for hearing such application, and shall
cause reasonable notice thereof to be given to the respondent and to such
relative or relatives and friends as it deems advisable. Said notice shall
inform such respondent that he or she has a right to be present at the hearing;
that he or she has a right to counsel; that he or she, if indigent, has a right
to have counsel appointed to represent him or her; and that he or she has a
right to cross-examine witnesses testifying at any hearing upon such
application.
(b) If the court finds such
respondent is indigent or otherwise unable to pay for counsel, the court shall
appoint counsel for such respondent, unless such respondent refuses counsel and
the court finds that the respondent understands the nature of his or her
refusal. The court shall provide such respondent a reasonable opportunity to
select his or her own counsel to be appointed by the court. If the respondent
does not select counsel or if counsel selected by the respondent refuses to
represent such respondent or is not available for such representation, the
court shall appoint counsel for the respondent from a panel of attorneys
admitted to practice in this state provided by the Probate Court Administrator
in accordance with regulations promulgated by the Probate Court Administrator
in accordance with section 45a-77. The reasonable compensation of appointed
counsel shall be established by, and paid from funds appropriated to, the
Judicial Department, however, if funds have not been included in the budget of
the Judicial Department for such purposes, such compensation shall be
established by the Probate Court Administrator and paid from the Probate Court
Administration Fund. Prior to such hearing, such respondent or his or her
counsel, in accordance with the provisions of sections 52-146d to 52-146i,
inclusive, shall be afforded access to all records including, without
limitation, hospital records if such respondent is hospitalized, and shall be
entitled to take notes therefrom. If such respondent
is hospitalized at the time of the hearing, the hospital shall make available
at such hearing for use by the patient or his or her counsel all records in its
possession relating to the condition of the respondent. Notwithstanding the
provisions of sections 52-146d to 52-146i, inclusive, all such hospital records
directly relating to the patient shall be admissible at the request of any
party or the Court of Probate in any proceeding relating to confinement to or
release from a hospital for psychiatric disabilities. Nothing herein shall
prevent timely objection to the admissibility of evidence in accordance with
the rules of civil procedure.
(c) The court shall require the
certificates, signed under penalty of false statement, of at least two
impartial physicians selected by the court, one of whom shall be a practicing
psychiatrist, both of whom shall be licensed to practice medicine in the state
of Connecticut and shall have been practitioners of medicine at least one year
and shall not be connected with the hospital for psychiatric disabilities to
which the application is being made, or related by blood or marriage to the
applicant, or to the respondent. Such certificates shall indicate that they
have personally examined such person within ten days of such hearing. The court
shall appoint such physicians from a panel of physicians and psychiatrists
provided by the Commissioner of Mental Health and Addiction Services and such
appointments shall be made in accordance with regulations to be promulgated by
the Probate Court Administrator in accordance with section 45a-77. Each such
physician shall make a report on a separate form provided for that purpose by
the Department of Mental Health and Addiction Services and shall answer such
questions as may be set forth on such form as fully and completely as
reasonably possible. Such form shall include, but not be limited to questions
relating to the specific psychiatric disabilities alleged, whether or not the
respondent is dangerous to himself or herself or others, whether or not such
illness has resulted or will result in serious disruption of the respondent's
mental and behavioral functioning, whether or not hospital treatment is both
necessary and available, whether or not less restrictive placement is
recommended and available and whether or not respondent is incapable of
understanding the need to accept the recommended treatment on a voluntary
basis. Any such physician shall state upon the form the reasons for his or her
opinions. Such respondent or his or her counsel shall have the right to present
evidence and cross-examine witnesses who testify at any hearing on the
application. If such respondent notifies the court not less than three days before
the hearing that he or she wishes to cross-examine the examining physicians,
the court shall order such physicians to appear. The court shall cause a
recording of the testimony of such hearing to be made, to be transcribed only
in the event of an appeal from the decree rendered hereunder. A copy of such
transcript shall be furnished without charge to any appellant whom the Court of
Probate finds unable to pay for the same. The cost of such transcript shall be
paid from funds appropriated to the Judicial Department. If, on such hearing,
the court finds by clear and convincing evidence that the person complained of
has psychiatric disabilities and is dangerous to himself or herself or others
or gravely disabled, it shall make an order for his or her commitment,
considering whether or not a less restrictive placement is available, to a
hospital for psychiatric disabilities to be named in such order, there to be
confined for the period of the duration of such psychiatric disabilities or
until he or she is discharged or converted to voluntary status pursuant to
section 17a-506 in due course of law. Such court order shall further command
some suitable person to convey such person to such hospital for psychiatric
disabilities and deliver him or her, with a copy of such order and of such
certificates, to the keeper thereof. In appointing a person to execute such
order, the court shall give preference to a near relative or friend of the
person with psychiatric disabilities, so far as it deems it practicable and judicious.
Notice of any action taken by the court shall be given to the respondent and
his or her attorney, if any, in such manner as the court concludes would be
appropriate under the circumstances.
(d) If the respondent refuses to be
examined by the court-appointed physicians as herein provided, the court may
issue a warrant for the apprehension of the respondent and a police officer for
the town in which such court is located or if there is no such police officer
then the state police shall deliver the respondent to a general hospital where
the respondent shall be examined by two physicians one of whom shall be a
psychiatrist, in accordance with subsection (c) of this section. If as a result
of such examination, the respondent is committed under section 17a-502,
transportation of the respondent to any such hospital, if such respondent is a
female, shall be in accordance with the provisions of section 17a-505. If the
respondent is not committed under section 17a-502, he shall be released and the
reports of such physicians shall be sent to the Court of Probate to satisfy the
requirement of examination of two physicians under subsection (c) of this
section.
(e) The respondent shall be given
the opportunity to elect voluntary status under section 17a-506 at any time
prior to adjudication of the application, subject to the following provisions:
(1) In the event that a patient is in the hospital, the patient shall be
informed by a member of the hospital staff within twenty-four hours prior to
the time an application is filed with the court, that he or she may continue in
the hospital on a voluntary basis under the provisions of section 17a-506, and
any application for involuntary commitment by the hospital shall include a
statement that such voluntary status has been offered to the respondent and
refused, and (2) in the event that a respondent is not hospitalized the notice
of hearing shall inform the respondent that he or she has the right to enter
the hospital on a voluntary basis under the provisions of section 17a-506, and
if the respondent enters the hospital under said section, the application for
involuntary commitment shall be withdrawn. When any patient who has elected
voluntary status following the filing of an application but prior to
adjudication in any proceeding for involuntary commitment thereafter notifies
the hospital that he or she wants to be released, a new application for
involuntary commitment may be filed. If such application is filed within
forty-five days after the patient's election of voluntary status on a prior
application, the application for involuntary commitment may, at the discretion
of the judge, be heard on the merits, notwithstanding the patient's subsequent
request to remain a voluntary patient under the provisions of section 17a-506.
Notwithstanding the provisions of sections 17a-29, 17a-540, 17a-543, 17a-544,
subsection (f) of section 17a-547 and section 17a-548, in the event that a
patient under section 17a-506 refuses to accept medication or treatment in
accordance with the treatment plan prescribed by the attending physician and
such patient is imminently dangerous to himself or others, an application for
involuntary commitment may be filed for such patient in accordance with the
provisions of this section.
(f) The respondent shall be present
at any hearing for his or her commitment under this section. If the respondent
is medicated at that time, the court shall be notified by the hospital in
writing of such fact and of the common effects of such medication.
(g) The hospital shall notify each
patient at least annually that such patient has a right to a further hearing
pursuant to this section. In the event that the patient requests such hearing
it shall be held by the court of probate which ordered the confinement of such
patient. Any such request shall be immediately filed with the appropriate court
by the hospital. After such request is filed with the Probate Court, it shall
proceed in the manner provided in subsections (a), (b), (c) and (f) of this
section. In addition, the hospital shall furnish each court of probate on a
monthly basis with a list of all patients confined therein involuntarily by
such court who have been confined without release for one year since the last
annual review under this section of the patient's commitment or since the
original commitment. The hospital shall include in such notification the type
of review which the patient last received. If the patient's last annual review
had a hearing, the probate court notified shall, within fifteen business days
thereafter, appoint an impartial physician who is a psychiatrist from the list
provided by the Commissioner of Mental Health and Addiction Services as set
forth in subsection (c) of this section and not connected with the hospital in
which the patient is confined nor related by blood or marriage to the original
applicant or to the respondent, which physician shall see and examine each such
patient within fifteen business days after his appointment and make a report
forthwith to such court of the condition of the patient on forms provided by
the Department of Mental Health and Addiction Services. If the Court of Probate
concludes that the confinement of any such patient should be reviewed by such
court for possible release of the patient, the court, on its own motion, shall
proceed in the manner provided in subsections (a), (b), (c) and (f) of this
section, except that the examining physician shall be considered one of the
physicians required by subsection (c) of this section. If the patient's last
annual review did not result in a hearing, and in any event at least every two
years, the probate court notified shall, within fifteen business days, proceed
with a hearing in the manner provided in subsections (a), (b), (c) and (f) of
this section. All costs and expenses, including Probate Court entry fees
provided by statute, in conjunction with the annual psychiatric review and the
judicial review under this subsection, except costs for physicians appointed
pursuant to this subsection, shall be established by, and paid from funds
appropriated to, the Judicial Department, however, if funds have not been
included in the budget of the Judicial Department for such costs and expenses,
such payment shall be made from the Probate Court Administration Fund.
Compensation of any physician appointed to conduct the annual psychiatric
review, to examine a patient for any hearing held as a result of such annual
review or for any other biennial hearing required pursuant to sections 17a-75
to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528,
inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and
17a-615 to 17a-618, inclusive, shall be paid by the state from funds
appropriated to the Department of Mental Health and Addiction Services in
accordance with rates established by the Department of Mental Health and
Addiction Services.
Sec. 17a-499. (Formerly Sec.
17-179). Court records. Commitment; uniform forms; service of process.
All proceedings of the Court of
Probate, upon application made under the provisions of sections 17a-75 to
17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528,
inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a- 576, inclusive, and
17a-615 to 17a-618, inclusive, shall be in writing and filed in such court,
and, whenever a court passes an order for the admission of any person to any
state hospital for psychiatric disabilities, it shall record the same and give
a certified copy of such order and of the reports of the physicians to the
person by whom such person is to be taken to the hospital, as the warrant for
such taking and commitment, and shall also forthwith transmit a like copy to
the Commissioner of Mental Health and Addiction Services, and, in the case of a
person in the custody of the Commissioner of Correction, to the Commissioner of
Correction. Whenever a court passes an order for the commitment of any person
to any hospital for psychiatric disabilities, it shall, within three business
days, provide a copy of the order of commitment to the Commissioner of Mental
Health and Addiction Services who shall maintain identifying information
including, but not limited to, name, address, sex, date of birth and date of
commitment on all commitments ordered on and after June 1, 1998. All commitment
applications, orders of commitment and commitment papers issued by any court in
committing persons with psychiatric disabilities to public or private hospitals
for psychiatric disabilities shall be in accordance with a form prescribed by
the Attorney General, which form shall be uniform throughout the state. For all
such commitment applications and orders, the Commissioner of Mental Health and
Addiction Services shall cause suitable blanks, in accordance with said form,
to be printed and furnished at the expense of the state. State hospitals and
other hospitals for persons with psychiatric disabilities shall, so far as they
are able, upon reasonable request of any officer of a court having the power of
commitment, send one or more trained attendants or nurses to attend any hearing
concerning the commitment of any person with psychiatric disabilities and any
such attendant or nurse, when present, shall be designated by the court as the
authority to serve commitment process issued under the provisions of sections
17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528,
inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615
to 17a-618, inclusive.
Sec. 17a-500. (Formerly Sec.
17-180). Maintenance and confidentiality of records of cases of persons with
psychiatric disabilities. Exchange of information concerning commitment status of
firearm permit applicants and holders.
(a) Each court of probate shall keep
a record of the cases relating to persons with psychiatric disabilities coming
before it under sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484,
inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive,
17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, and the
disposition of them. It shall also keep on file the original application and
certificate of physicians required by said sections, or a microfilm duplicate
of such records in accordance with regulations issued by the Probate Court
Administrator. All records maintained in the courts of probate under the
provisions of said sections shall be sealed and available only to the
respondent or his or her counsel unless the Court of Probate, after hearing
held with notice to the respondent, determines such records should be disclosed
for cause shown.
(b) Notwithstanding the provisions
of subsection (a) of this section, the Commissioner of Mental Health and
Addiction Services, in accordance with section 17a-499, shall maintain
information on commitment orders by a probate court and shall provide such
information to the Commissioner of Public Safety in fulfillment of his
obligations under sections 29-28 to 29-38, inclusive, and section 53-202d, in
such a manner as to report identifying information on the commitment status
including, but not limited to, name, address, sex, date of birth and date of
commitment, for a person who applies for or holds a permit or certificate under
said sections 29-28 to 29-38, inclusive, and section 53-202d. The Commissioner
of Public Safety shall maintain as confidential any such information provided
to him and shall use such information only for purposes of fulfilling his obligations
under sections 29-28 to 29-38, inclusive, and section 53-202d, except that
nothing in this section shall prohibit said commissioner from entering such
information into evidence at a hearing held in accordance with section 29-32b.
(c)
(1) The Commissioner of Mental
Health and Addiction Services shall obtain from the Commissioner of Public
Safety the status of any firearm application, permit or certificate under
sections 29-28 to 29-38, inclusive, and section 53-202d, of each person who is
the subject of an order of commitment pursuant to section 17a-499, in such a
manner so as to only receive a report on the firearm application, permit or
certificate status of the person with respect to whom the inquiry is made.
(2) The Commissioner of Mental Health
and Addiction Services shall report to the Commissioner of Public Safety any
commitment status and identifying information for any person who is an
applicant for or holder of any permit or certificate under said sections 29-28
to 29-38, inclusive, and section 53-202d.
(3) The Commissioner of Mental
Health and Addiction Services shall advise the hospital for psychiatric
disabilities to which a person has been committed of the status of a firearm
application, permit or certificate of such person under sections 29-28 to 29-
38, inclusive, and section 53-202d, as reported by the Commissioner of Public
Safety for consideration by such hospital in any psychiatric treatment
procedures.
(4) The Commissioner of Mental
Health and Addiction Services and a hospital for psychiatric disabilities shall
maintain as confidential any information provided to said commissioner or such
hospital concerning the status of a firearm application, permit or certificate
under sections 29-28 to 29-38, inclusive, and section 53-202d, of any person.
Sec. 17a-501. (Formerly Sec.
17-182). Hospitals to which person with psychiatric disabilities committed.
Any person with psychiatric
disabilities, the expense of whose support is paid by himself or by another person,
may be committed to any institution for the care of persons with psychiatric
disabilities designated by the person paying for such support; and any indigent
person with psychiatric disabilities, not a pauper, committed under the
provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a- 484,
inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive,
17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, shall be
committed to any state hospital for psychiatric disabilities which is equipped
to receive him, at the discretion of the Court of Probate, upon consideration
of a request made by the person applying for such commitment.
Sec. 17a-502. (Formerly Sec.
17-183). Commitment under emergency certificate. Examination of patient.
Discharge. Rights to be explained. Hearing. Duties of hospital. Order for detention
to continue. Private hospitals to notify commissioner. Immediate discharge of
patient, when. Notification of next of kin.
(a) Any person who a physician
concludes has psychiatric disabilities and is dangerous to himself or others or
gravely disabled, and is in need of immediate care and treatment in a hospital
for psychiatric disabilities, may be confined in such a hospital, either public
or private, under an emergency certificate as hereinafter provided for not more
than fifteen days without order of any court, unless a written application for
commitment of such person has been filed in a probate court prior to the
expiration of the fifteen days, in which event such commitment is continued
under the emergency certificate for an additional fifteen days or until the
completion of probate proceedings, whichever occurs first. In no event shall
such person be admitted to or detained at any hospital, either public or
private, for more than fifteen days after the execution of the original
emergency certificate, on the basis of a new emergency certificate executed at
any time during the person's confinement pursuant to the original emergency
certificate; and in no event shall more than one subsequent emergency
certificate be issued within fifteen days of the execution of the original
certificate. If at the expiration of the fifteen days a written application for
commitment of such person has not been filed, such person shall be discharged
from the hospital. At the time of delivery of such person to such hospital,
there shall be left, with the person in charge thereof, a certificate, signed
by a physician licensed to practice medicine or surgery in Connecticut and
dated not more than three days prior to its delivery to the person in charge of
the hospital. Such certificate shall state the date of personal examination of
the person to be confined, which shall be not more than three days prior to the
date of signature of the certificate, shall state the findings of the physician
relative to the physical and mental condition of the person and the history of
the case, if known, and shall state that it is the opinion of the physician
that the person examined has psychiatric disabilities and is dangerous to
himself or herself or others or gravely disabled and is in need of immediate
care and treatment in a hospital for psychiatric disabilities. Such physician
shall state on such certificate the reasons for his or her opinion.
(b) Any person admitted and detained
under this section shall be examined by a physician specializing in psychiatry
within forty-eight hours of admission as provided in section 17a-545. If such
physician is of the opinion that the person does not meet the criteria for
emergency detention and treatment, such person shall be immediately discharged.
The physician shall enter his findings in the patient's record.
(c) Any person admitted and detained
under this section shall be promptly informed by the admitting facility that
such person has the right to consult an attorney, the right to a hearing under subsection
(d) of this section, and that if such a hearing is requested or a probate
application is filed, such person has the right to be represented by counsel,
and that counsel will be provided at the state's expense if the person is
unable to pay for such counsel. The reasonable compensation for counsel
provided to persons unable to pay shall be established by, and paid from funds
appropriated to, the Judicial Department, however, if funds have not been
included in the budget of the Judicial Department for such purposes, such
compensation shall be established by the Probate Court Administrator and paid
from the Probate Court Administration Fund.
(d) If any person detained under
this section, or his or her representative, requests a hearing in writing, such
hearing shall be held within seventy-two hours of receipt of such request,
excluding Saturdays, Sundays and holidays. At such hearing, the person shall
have the right to be present, to cross-examine all witnesses testifying, and to
be represented by counsel as provided in section 17a-498. The hearing may be
requested at any time prior to the initiation of proceedings under section
17a-498. The hearing shall be held by the court of probate having jurisdiction
for commitment as provided in section 17a-497, and the hospital shall
immediately notify such court of any request for a hearing by a person detained
under this section. At the conclusion of the hearing, if the court finds that
there is probable cause to conclude that the person is subject to involuntary
confinement under this section, considering the condition of the respondent at
the time of the admission and at the time of the hearing, and the effects of
medication, if any, and the advisability of continued treatment based on
testimony from the hospital staff, the court shall order that such person's
detention continue for the remaining time provided for emergency certificates
or until the completion of probate proceedings under section 17a-498.
(e) The person in charge of every
private hospital for psychiatric disabilities in the state shall, on a
quarterly basis, supply the Commissioner of Mental Health and Addiction
Services in writing with statistics which state for the preceding quarter, the
number of admissions of type and the number of discharges for that facility.
Said commissioner may adopt regulations to carry out the provisions of this
subsection.
(f) The superintendent or director
of any hospital for psychiatric disabilities shall immediately discharge any
patient admitted and detained under this section who is later found not to meet
the standards for emergency detention and treatment.
(g) Any person admitted and detained
at any hospital for psychiatric disabilities under this section shall, upon
admission to such hospital, furnish the name of his or her next of kin or close
friend. The superintendent or director of such hospital shall notify such next
of kin or close friend of the admission of such patient and the discharge of
such patient, provided such patient consents in writing to such notification of
his or her discharge.
Sec. 17a-503. (Formerly Sec. 17-183a).
Detention by police officer prior to commitment. Issuance of emergency
certificates by psychologist and certain clinical social workers and advanced
practice registered nurses.
(a) Any police officer who has
reasonable cause to believe that a person has psychiatric disabilities and is
dangerous to himself or herself or others or gravely disabled, and in need of
immediate care and treatment, may take such person into custody and take or
cause such person to be taken to a general hospital for emergency examination
under this section. The officer shall execute a written request for emergency
examination detailing the circumstances under which the person was taken into
custody, and such request shall be left with the facility. The person shall be
examined within twenty-four hours and shall not be held for more than
seventy-two hours unless committed under section 17a-502.
(b) Upon application by any person
to the court of probate having jurisdiction in accordance with section 17a-497,
alleging that any respondent has psychiatric disabilities and is dangerous to
himself or herself or others or gravely disabled, and in need of immediate care
and treatment in a hospital for psychiatric disabilities, such court may issue
a warrant for the apprehension and bringing before it of such respondent and
examine such respondent. If the court determines that there is probable cause
to believe that such person has psychiatric disabilities and is dangerous to
himself or herself or others or gravely disabled, the court shall order that
such respondent be taken to a general hospital for examination. The person
shall be examined within twenty-four hours and shall not be held for more than
seventy-two hours unless committed under section 17a-502.
(c) Any psychologist licensed under
chapter 383 who has reasonable cause to believe that a person has psychiatric
disabilities and is dangerous to himself or herself or others or gravely
disabled, and in need of immediate care and treatment, may issue an emergency
certificate in writing that authorizes and directs that such person be taken to
a general hospital for purposes of a medical examination. The person shall be
examined within twenty-four hours and shall not be held for more than
seventy-two hours unless committed under section 17a-502.
(d) Any clinical social worker
licensed under chapter 383b or advanced practice registered nurse licensed
under chapter 378 who (1) has received a minimum of eight hours of specialized
training in the conduct of direct evaluations under this subsection as a member
of any mobile crisis team, jail diversion program or assertive case management
program operated by or under contract with the Department of Mental Health and
Addiction Services, and (2) based upon the direct evaluation of a person, has
reasonable cause to believe that such person has psychiatric disabilities and
is dangerous to himself or herself or others or gravely disabled, and in need
of immediate care and treatment, may issue an emergency certificate in writing
that authorizes and directs that such person be taken to a general hospital for
purposes of a medical examination. The person shall be examined within
twenty-four hours and shall not be held for more than seventy-two hours unless
committed under section 17a-502. The Commissioner of Mental Health and
Addiction Services shall collect and maintain statistical and demographic
information pertaining to emergency certificates issued under this subsection.
Sec. 17a-504. (Formerly Sec.
17-184). Penalty for wrongful acts re the commitment or psychiatric
disabilities of another person.
Any person who wilfully
and maliciously causes, or attempts to cause, or who conspires with any other
person to cause, any person who does not have psychiatric disabilities to be
committed to any hospital for psychiatric disabilities, and any person who wilfully certifies falsely to the psychiatric disabilities
of any person in any certificate provided for in sections 17a-75 to 17a-83,
inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-
540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618,
inclusive, and any person who, under the provisions of said sections relating
to persons with psychiatric disabilities, wilfully
reports falsely to any court or judge that any person has psychiatric
disabilities, shall be fined not more than one thousand dollars or imprisoned
not more than five years or both.
Sec. 17a-505. (Formerly Sec.
17-186). Escort of female patients to hospital.
When any female with psychiatric
disabilities is escorted to a state hospital for persons with psychiatric
disabilities by a male guard, attendant or other employee of a correctional or
reformatory institution, or by a male law enforcement officer, under the
provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484,
inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive,
17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, the person so
escorting her shall be accompanied by an adult member of her family or at least
one woman.
Sec. 17a-506. (Formerly Sec.
17-187). Voluntary admissions. Notification of next of kin. Restriction on
right to leave. Commitment proceedings. Continuation of confinement. Probable
cause hearing.
(a) Any hospital for psychiatric
disabilities may receive for observation and treatment any person who in
writing requests to be received; but no such person shall be confined in any
such hospital for psychiatric disabilities for more than three business days,
after he or she has given notice in writing of his or her desire to leave,
unless an application for commitment has been filed in a court of competent
jurisdiction. Such person shall be informed at the time of such admission
concerning such patient's ability to leave after three days' notice pursuant to
this subsection and shall also be informed that an application may be filed
under subsection (e) of this section in which case such patient's ability to
leave may be delayed in accordance with the provisions of said subsection.
(b) Any person desiring admission to
a hospital for psychiatric disabilities for care and treatment of psychiatric
disabilities may be admitted as a patient without making formal or written
application therefor if the superintendent deems such
person clinically suitable for such admission, care and treatment, and any such
patient may be free to leave such hospital at any time after admission.
(c) Any person for whom a
conservator of the person has been appointed in accordance with sections
45a-644 to 45a-662, inclusive, may request admission to a hospital for psychiatric
disabilities and such hospital may admit such person. The hospital shall notify
the conservator and the probate court which appointed the conservator of the
admission within five business days of such admission. The probate court shall,
within ten business days after such notice, appoint a physician who is a
psychiatrist from the panel provided by the Commissioner of Mental Health and
Addiction Services as set forth in subsection (c) of section 17a-498. The
physician shall examine the patient within ten business days of his appointment
to determine if the patient has given informed consent to his or her
hospitalization. The physician shall make a report forthwith to the court. If
the court concludes that the patient did not give informed consent to the hospitalization,
the court, on its own motion, may proceed in the manner provided in subsections
(a), (b), (c) and (f) of section 17a-498. All costs and expenses, including
Probate Court entry fees, shall be paid by the patient or, if he has a
conservator of the estate, by such conservator.
(d) Whenever a person is admitted to
a hospital for psychiatric disabilities under the provisions of this section,
such person, if he or she consents in writing at the time of admission, shall
furnish the name of his or her next of kin or a close friend. The person in
charge of such hospital shall notify such next of kin or close friend of the
admission of such patient and the discharge of such patient, provided such
patient consents in writing to any such notification.
(e) Whenever a person is confined to
a hospital for psychiatric disabilities under the provisions of this section
and gives notice of the desire to leave under subsection (a) hereof, any
person, including the person in charge of such hospital, may institute
proceedings for his or her commitment in the court of probate having
jurisdiction in the town where such hospital is located. In such event, such
confinement shall be continued for an additional period of time in order for
the respondent to prepare for the hearing to be held upon such application,
provided no such confinement shall be continued for more than fifteen days from
the date of the filing of the notice in writing of the desire to leave, and
provided further such person shall not be confined in any hospital, either
public or private, upon an emergency certificate issued prior to discharge and
within fifteen days excluding Saturdays, Sundays and holidays, after such
person gives notice of his or her desire to leave, as provided in subsection
(a) of this section. Such respondent shall have the right to a probable cause
hearing under the provisions of section 17a-502.
Sec. 17a-507. (Formerly Sec. 17-187a). Admission to general hospital having
psychiatric facilities.
(a) Any general hospital having
psychiatric facilities for care of inpatients may admit any person for
observation and treatment without formal or written application if such
hospital deems such person clinically suitable for such admission, observation
and treatment, and any such person shall be free to leave such hospital at any
time.
(b) Any such hospital may admit and
detain persons under the provisions of sections 17a-498, 17a-502 and 17a-506 in
the same manner as hospitals for psychiatric disabilities, including persons
admitted under subsection (a) for whom a certificate of emergency detention or
a commitment order of a probate court has been made.
Sec. 17a-508. (Formerly Sec. 17-188). Commitment after expiration of
specified period.
If any person who has been confined
in any state hospital for psychiatric disabilities for a specified period of
time pursuant to the order of any court has psychiatric disabilities at the
expiration of such period, the person in charge of such hospital shall cause
proceedings for the commitment of such person to be instituted in the probate
court having jurisdiction in the town in which such hospital is located.
Sec. 17a-509. (Formerly Sec. 17-191). Placement of persons with psychiatric
disabilities in boarding or convalescent hospitals. Not applicable to person
convicted of or charged with crime.
The superintendent or director of
any state-operated facility, as defined in subsection (c) of section 17a-458,
may place any person with psychiatric disabilities committed to such
state-operated facility, if such person is no longer in need of active
psychiatric treatment in such state-operated facility, in a private boarding
home for mental patients licensed by the Department of Public Health in
accordance with sections 19a-490 to 19a-503, inclusive, or a chronic and
convalescent hospital, provided such person shall, despite such transfer,
remain subject to the medical supervision of the superintendent or director of
such state-operated facility, and such superintendent or director may, if
medically indicated, order and provide for the return of any such patient to
such state-operated facility, subject to any limitations of the term of
commitment contained in the order of commitment under which such patient was
committed to such state-operated facility. The provisions of this section shall
not apply to any person who is under a term of imprisonment or who has not met
the requirements of the condition of release set to provide the reasonable
assurance of such person's appearance in court.
Sec. 17a-510. (Formerly Sec. 17-192). Release or transfer; procedure.
Any person who is a patient in a
hospital for psychiatric disabilities upon the order of any court of probate,
or his or her representative, may make application to the court of probate for
the district in which such hospital is located for his or her release from said
hospital. Upon receipt of any such application, such court shall assign a time,
not later than ten days thereafter, and a place for hearing such application,
and shall cause reasonable notice thereof to be given to the applicant, the
superintendent of the hospital where the applicant is confined and to such
relative or relatives and friends as it deems advisable. Such notice shall
inform the applicant that he or she has a right to be present at the hearing
and to present evidence at the hearing; that he or she has a right to counsel;
that he or she, if indigent, has a right to have counsel appointed to represent
him or her; and that he or she has a right to cross-examine witnesses at any
hearing upon such application. Notwithstanding the provisions of chapter 899,
hospital records shall be admissible in evidence. Nothing herein shall prevent
timely objection to the admissibility of evidence in accordance with the rules
of civil procedure. Unless the court finds that further confinement of the
applicant is necessary in accordance with the standards set forth in section
17a-498, the court shall order the release of such person. All of the expenses
in connection with an application filed under this section shall be paid by the
applicant, unless the applicant is indigent or otherwise unable to pay such
expenses, in which case such expenses shall be paid by the state from funds
appropriated to the Department of Mental Health and Addiction Services, in
accordance with rates established by said department, and attorney's fees shall
be established by, and paid from funds appropriated to, the Judicial
Department, however, if funds have not been included in the budget of the
Judicial Department for such attorney's fees, such fees shall be established by
the Probate Court Administrator and paid from the Probate Court Administration
Fund, provided in no event shall the expenses be paid for any one applicant for
more than two hearings in any one year, including the hearing provided for in
subsection (g) of section 17a-498. Such court may, for reasonable cause shown,
order any person confined in a hospital for psychiatric disabilities to be
removed to any other hospital for psychiatric disabilities in this state. If
the officers, directors or trustees of a state hospital for psychiatric
disabilities are notified by the superintendent of such institution or other
person in a managerial capacity that he has reason to believe that any person
committed thereto by order of a probate court does not have psychiatric
disabilities or is not a suitable subject to be confined in such institution,
or is appropriate for voluntary status, such officers, directors or trustees
may discharge such person or convert the status of such person to voluntary
status pursuant to section 17a-506. The superintendent or other director of
such institution shall notify such person's next of kin or close friend of such
person's discharge, provided such patient consents in writing to such
notification.
Sec. 17a-511. (Formerly Sec.
17-193). Transfer of patients by agreement.
(a) Any person who has been
committed by any court to a hospital for psychiatric disabilities may be
transferred to any other hospital for psychiatric disabilities upon agreement
of the superintendents of the respective institutions from and to which it is
desired to make such transfer, subject to the approval of the Commissioner of
Mental Health and Addiction Services, or, in the case of a person under
eighteen years of age, the approval of the Commissioner of Children and
Families. Such agreement shall be in writing, executed in triplicate and in
accordance with a form prescribed by the Attorney General, which form shall be
uniform throughout the state. One copy of such agreement shall be filed for
record in the court by which such person was committed and one copy retained in
the files of each of the institutions participating in such transfer. Any such
agreement shall have the same effect as an order of the court committing the
person named therein. The conservator, overseer or any member of the family of
any person so transferred, or his or her next friend, may make application to
the court which made the order of commitment, for a revocation or modification
of such agreement, and thereupon such court shall order such notice of the time
and place of hearing thereon as it finds reasonable and upon such hearing may
revoke, modify or affirm such transfer.
(b) Any person who has been
voluntarily admitted to a hospital for psychiatric disabilities pursuant to
section 17a-506 may, with the informed consent of such person, be transferred
to any other hospital for psychiatric disabilities. If that person is subject
to the jurisdiction of the Commissioner of Mental Health and Addiction
Services, the transfer shall require the agreement of the superintendents of
the respective institutions from and to which it is desired to make the
transfer and the approval of the Commissioner of Mental Health and Addiction
Services. If that person is under eighteen years of age and subject to the
jurisdiction of the Commissioner of Children and Families, the transfer shall
require the agreement of the superintendents of the respective institutions
from and to which it is desired to make the transfer and the approval of the
Commissioner of Children and Families. An agreement to transfer under this
subsection shall be in writing, executed in triplicate and in accordance with a
form prescribed by the Attorney General, which form shall be uniform throughout
the state. One copy of the agreement shall be retained in the files of each of
the institutions participating in the transfer and one copy shall be provided
to the person who has been voluntarily admitted or to that person's authorized
representative. A transfer under this subsection shall not affect the person's
rights under the voluntary admission.
Sec. 17a-512. (Formerly Sec.
17-194b). Definitions.
As used in sections 17a-499,
17a-509, 17a-512 to 17a-517, inclusive, 17a-520 and 17a-521, the term
"hospital" shall mean a hospital for psychiatric disabilities or a
mental hospital or institution which is administered by the Department of Mental
Health and Addiction Services.
Sec. 17a-513. (Formerly Sec. 17-194c). Voluntary admission of inmates of
correctional institutions in hospital for psychiatric disabilities.
The provisions of subsection (a) of
section 17a-506 shall apply to any person who is in the custody of the
Commissioner of Correction provided that no such person shall be received in a
hospital for observation and treatment unless a physician designated by the
Commissioner of Correction notifies in writing both the Commissioner of
Correction and the Commissioner of Mental Health and Addiction Services that
such person is in need of observation and treatment in a hospital for
psychiatric disabilities. No such person shall be confined in any such hospital
for more than ten days after he has given written notice of his desire to
leave, without commitment, pursuant to the provisions of section 17a-498, by
the court of probate for the district wherein such person is hospitalized. In
the absence of such commitment, such person, if in the custody of the
Commissioner of Correction, shall be returned to any institution administered
by the Department of Correction as the Commissioner of Correction shall
designate, unless his custody in the Commissioner of Correction has terminated,
in which case he shall be discharged.
Sec. 17a-514. (Formerly Sec. 17-194d). Emergency confinement in hospital for
psychiatric disabilities of inmates of correctional institutions.
Any person who is in the custody of
the Commissioner of Correction who has suddenly become in need of care and
treatment in a hospital for a psychiatric disorder, other than drug dependence,
whom a physician designated by the Commissioner of Correction finds is a danger
to himself or others or to the security or order of the institution wherein he
is confined may be confined in a hospital under an emergency certificate as
hereinafter provided, for not more than fifteen days without order of any
court. If a written complaint for commitment of such person has been filed in
the court of probate for the district wherein such person is hospitalized prior
to the expiration of such fifteen days such confinement shall be continued
under such emergency certificate for an additional thirty days, without further
order, not more than forty-five days in all, until the completion of the
probate proceedings. At any time such person is found not to be a person with
psychiatric disabilities, the superintendent of such hospital shall immediately
return him to any institution administered by the Department of Correction as
the Commissioner of Correction shall designate, unless his custody in the
Commissioner of Correction has terminated, in which case he shall be
discharged. The emergency certificate provided for in this section shall be
left with the person in charge of such hospital at the time of delivery of the
person to such hospital and such certificate shall be dated not more than three
days prior to its delivery, signed by a physician licensed to practice medicine
and surgery under the provisions of chapter 370, who is designated by the
Commissioner of Correction. Such certificate shall state the date of the
personal examination of the person to be confined, which shall be not more than
three days prior to the date of signature of the certificate, shall state the
findings of the physician relative to the physical and mental condition of the
person and the history of the case, if known, and shall state that it is the
opinion of the physician that the person examined by him is in need of
immediate care in a hospital. Prior to hospitalization under the provisions of
this section, any person shall have the right to be examined by a physician of
his own choosing, and if such physician concludes from his examination that
such person does not have psychiatric disabilities, such person shall not be
admitted to or detained in a hospital under the provisions of this section. If
a person with psychiatric disabilities has been admitted to any hospital under
the provisions of this section, the person in charge thereof shall cause
proceedings to be instituted for the commitment, pursuant to the provisions of
section 17a-498, of such person in the court of probate having jurisdiction in
the town where such hospital is located. Any irregularity in the temporary
confinement of such person shall be deemed cured by the judge of probate
ordering his commitment, and no such commitment shall be invalid because of
such irregularity.
Sec. 17a-515. (Formerly Sec. 17-194e). Commitment proceedings for inmates of
correctional institutions to hospitals for psychiatric disabilities.
The provisions of section 17a-498
shall apply to any person regarding whom proceedings for commitment are being
instituted under section 17a-513 or 17a-514, and to any other person in the
custody of the Commissioner of Correction, except that if the court revokes the
order of commitment, the person shall be returned to any institution
administered by the Department of Correction as the Commissioner of Correction
shall designate, unless his custody in the Commissioner of Correction has
terminated, in which case he shall be discharged.
Sec. 17a-516. (Formerly Sec. 17-194f). Discharge from hospital of inmates of
correctional institutions.
The provisions of section 17a-510
shall apply to any person committed to such hospital pursuant to sections
17a-514 and 17a-515, except that upon such discharge (1) the person shall be
returned to any such institution administered by the Department of Correction
as the Commissioner of Correction shall designate, unless his custody in the
Commissioner of Correction has terminated and (2) the Commissioner of
Correction shall notify the prosecuting official of any court in which any such
person has criminal charges pending against him.
Sec. 17a-517. (Formerly Sec. 17-194g). Hospitalization in Whiting Forensic
Institute of dangerous or desperate individual.
If any person in the custody of the
Commissioner of Correction who is brought to a hospital pursuant to the
provisions of sections 17a-499, 17a-509, 17a-512 to 17a-517, inclusive, 17a-520
and 17a-521 is a desperate or dangerous individual, such person shall be
hospitalized in the Whiting Forensic Division. If the Whiting Forensic Division
is unable to accommodate such transfer, then such person shall remain in the
custody of the commissioner at a correctional institution, there confined under
appropriate care and supervision. Under no circumstances shall an inmate with
psychiatric disabilities requiring maximum security conditions be placed in a
state hospital for persons with psychiatric disabilities which does not have
the facilities and trained personnel to provide appropriate care and supervision
for such individuals.
Sec. 17a-518. (Formerly Sec. 17-195). Transportation expense from community
correctional centers to hospital and vice versa.
There shall be allowed and paid by
the state for transporting any person from a community correctional center to
any state hospital, or returning any person from such a hospital to a community
correctional center, twenty-five cents per mile, to be computed from the
community correctional center to the hospital and return, and for any necessary
assistants in such cases, five dollars, the necessity of such assistance to be
proved by the oath of the officer.
Sec. 17a-519. (Formerly Sec. 17-196). Fees, compensation and costs.
Each officer or indifferent person
making legal service of any order, notice, warrant or other paper under the
provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484,
inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive,
17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, shall be
entitled to the same compensation as is by law provided for like services in
civil causes. Physicians, for examining a person alleged to have psychiatric
disabilities and making a certificate as provided by said sections, shall be
entitled to a reasonable compensation established by the Commissioner of Mental
Health and Addiction Services. The fees of the courts of probate shall be such
as are provided by law for similar services. The Superior Court, on an appeal,
may tax costs at its discretion.
Sec. 17a-520. (Formerly Sec. 17-197). Commitment at expiration of term of
imprisonment.
When any person has been transferred
from any correctional institution to a state hospital for persons with
psychiatric disabilities and is confined in such hospital at the time of the
expiration of the term of imprisonment for which he was committed and then has
psychiatric disabilities, the superintendent of such hospital shall cause
proceedings for the commitment of such person to be instituted in the court of
probate having jurisdiction in the town where such hospital is located, unless
such person is already under an order of commitment of a court of probate. The
court of probate shall appoint two physicians of recognized standing, and such
physicians shall fully investigate the facts of the case and report to the
court. If such physicians report that such person has psychiatric disabilities
and the court so finds, it may order such person detained in such hospital
until he has recovered his sanity. Any person committed under the provisions of
this section may be paroled under the provisions of section 17a-521 or placed
in a licensed boarding home under the provisions of section 17a-509. During the
pendency of any application for commitment under the
provisions of this section, any person may be detained at any state hospital
for persons with psychiatric disabilities for a period not exceeding thirty
days beyond the expiration of his sentence. Any person aggrieved by any order
of a probate court under the provisions hereof may within thirty days appeal to
the superior court for the judicial district having jurisdiction.
Sec. 17a-521. (Formerly Sec. 17-198). Temporary leaves from institution.
Return or recall of patient. Exception.
Except as otherwise provided in this
section, the superintendent or keeper of any institution used wholly or in part
for the care of persons with psychiatric disabilities or the director of the
Whiting Forensic Division may, under such provisions or agreements as he deems
advisable for psychiatric supervision, permit any patient of the institution
under his charge temporarily to leave such institution, in charge of his
guardian, relatives or friends, or by himself. A person confined to a hospital
for psychiatric disabilities under the provisions of section 17a-584 may leave
the hospital temporarily as provided under the provisions of section 17a-587.
In the case of committed persons, the original order of commitment shall remain
in force and effect during absence from the institution either on authorized or
unauthorized leave until such patient is officially discharged by the
authorities of such institution or such order is superseded by a court of
competent jurisdiction. In the case of a patient on authorized leave, if it
appears to be for the best interest of the public or for the interest and
benefit of such patient, he may return or be returned by his guardian,
relatives or friends or he may be recalled by the authorities of such
institution, at any time during such temporary absence and prior to his
official discharge. With respect both to patients on authorized and
unauthorized leave, state or local police shall, on the request of the
authorities of any such institution, assist in the rehospitalization
of any patient on temporary leave or of any other patient committed to such
institution by a court of competent jurisdiction or any person who is a patient
under the provisions of section 17a-502, if, in the opinion of such
authorities, the patient's condition warrants such assistance. The expense, if
any, of such recall or return shall, in the case of an indigent, be paid by
those responsible for his support or, in the case of a pauper, by the state.
Leave under this section shall not be available to any person who is under a
term of imprisonment or who has not met the requirements of the condition of
release set to provide reasonable assurance of such person's appearance in
court.
Sec. 17a-522. (Formerly Sec. 17-199). Recommitment of escaped persons.
The name of any person who has
escaped from any institution for persons with psychiatric disabilities and has
not been returned to such institution within one year thereafter shall be
stricken from the records of such institution and such person shall not
thereafter be returned to such institution except upon further commitment by
some court of competent jurisdiction. Upon such further commitment, the state
or local police department shall, on the request of the authorities of any such
institution, assist in the rehospitalization of such
patient if, in the opinion of such authorities, the patient's condition
warrants such assistance. The expense, if any, of such return shall be paid by
the patient or his legally liable relatives or, if none, by the state, but the
expense provision herein contained shall not be construed to apply against a rehospitalized patient when criminal proceedings are
pending against him.
Sec. 17a-523. (Formerly Sec. 17-200). Commission to inquire whether person
is wrongly confined.
Any judge of the Superior Court, on
information to him that any person is unjustly deprived of his liberty by being
detained or confined in any hospital for psychiatric disabilities, or in any
place for the detention or confinement of persons with psychiatric
disabilities, or in custody and control of any individual under an order of a
court of probate, may appoint a commission of not fewer than two persons, who,
at a time and place appointed by them, shall hear any evidence offered touching
the case. Such commission need not summon the party claimed to be unjustly
confined before it, but shall have one or more private interviews with him and
shall also make inquiries of the physicians and other persons having charge of
such place of detention or confinement, and within a reasonable time thereafter
report to such judge the facts and its opinion thereon. If, in its opinion,
such person is not legally detained or confined in such place, or is cured, or
his confinement is no longer beneficial or advisable, such judge shall order
his discharge; but no commission shall be appointed with reference to the same
person more often than once in six months. The judge before whom any of the
proceedings provided for in this section are had may tax reasonable costs at
his discretion.
Sec. 17a-524. (Formerly Sec. 17-201). Writ of habeas corpus.
Each person confined in a hospital
for psychiatric disabilities in this state shall be entitled to the benefit of
the writ of habeas corpus, and the question of the legality of such confinement
in a hospital for psychiatric disabilities shall be determined by the court or
judge issuing such writ. Such writ shall be directed to the superintendent or
director of the hospital and, if illegality or invalidity of the commitment is
alleged in such writ, a copy shall also be directed to the judge of the
committing court as to such claim, and such judge shall be represented by the
state's attorney for the judicial district wherein such committing court is
located. If the court or judge before whom such case is brought decides that
the confinement is not illegal, such decision shall be no bar to the issuing of
such writ a second time, if it is claimed that such person is no longer subject
to the condition for which he was confined. Such writ may be applied for by
such confined person or on his behalf by any relative, friend or person
interested in his welfare. No court fees shall be charged against the
superintendent or director of the hospital or the judge.
Sec. 17a-525. (Formerly Sec. 17-202). Appeal.
Any person aggrieved by an order,
denial or decree of the Court of Probate under sections 17a-75 to 17a-83,
inclusive, 17a- 450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive,
17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to
17a-618, inclusive, including any relative or friend, on behalf of any person
found to have psychiatric disabilities, shall have the right of appeal as in
other cases. The Court of Probate, on an appeal, shall make all necessary
orders of notice to the parties to the proceedings and to such other persons as
it deems advisable and may require the appellant to give bond, with sufficient
surety, to the state to prosecute such appeal to effect and to pay all the
legal costs and expenses thereof if unsuccessful, and may refuse to allow such
appeal unless such bond is given or, at its discretion, allow such appeal
without such bond. On the trial of an appeal, the Superior Court may require
the state's attorney or, in his absence, some other practicing attorney of the
court to be present for the protection of the interests of the state and of the
public.
Sec. 17a-526. (Formerly Sec. 17-203). Commitment suspended on bond for
confinement.
The Court of Probate, before or
pending or in the absence of an appeal, and the Superior Court, after finding
on an appeal that such person has psychiatric disabilities, may, in its
discretion, suspend the commitment of such person to a hospital for psychiatric
disabilities and continue such suspension for such time as it deems advisable,
if any suitable person gives a bond to the satisfaction of such court,
conditioned for the confinement of such person in a suitable place of detention
other than a hospital for psychiatric disabilities and for answering all
damages which any person suffers in consequence of such suspension; but, in
such case, the court may make the order of commitment whenever reasonable cause
therefor is shown. After a person has been committed
to a hospital for psychiatric disabilities, the court may suspend his
confinement in such hospital upon the giving of bond as above set forth, such
suspension to continue until terminated by the court.
Sec. 17a-527. (Formerly Sec. 17-204). Court may direct as to care of
mentally ill pending appeal.
Pending an appeal to the Superior
Court, said court or, if said court is not in session, any judge of the Superior
Court, may make and enforce such reasonable orders for the care and custody of
the person complained of as it or such judge deems reasonable.
Sec. 17a-528. (Formerly Sec. 17-205a). Payment of commitment and
transportation expenses.
(a) When any person is found to have
psychiatric disabilities, and is committed to a state hospital for psychiatric
disabilities, upon proceedings had under sections 17a-75 to 17a-83, inclusive,
17a-450 to 17a-484, inclusive, 17a-495 to 17a- 528, inclusive, 17a-540 to
17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a- 615 to 17a-618,
inclusive, all fees and expenses incurred upon the probate commitment
proceedings, payment of which is not otherwise provided for under said
sections, shall be paid by the state within available appropriations from funds
appropriated to the Department of Mental Health and Addiction Services in
accordance with rates established by said department; and, if such person is
found not to have psychiatric disabilities, such fees and expenses shall be
paid by the applicant.
(b) Within available appropriations,
the expenses, if any, of necessary transportation (1) from a state-aided,
town-aided or other municipal-aided hospital to a state- operated facility, as
defined in section 17a-458, for detention of any person under section 17a-502; (2)
for any voluntary patient who wishes to have emergency treatment for conditions
defined in section 17a-502 at any such state-operated facility; (3) for any
patient who has been released on leave from any such state-operated facility
and wishes to return; or (4) for persons authorized by the Department of Mental
Health and Addiction Services to receive inpatient psychiatric services in a
facility under contract with the department to provide such services, shall be
paid by the state, unless, after investigation, the Department of
Administrative Services determines such person is able to pay for the same. The
presence of an appropriate emergency certificate under section 17a- 502 shall
be sufficient for payment by the state under subdivision (1) of this subsection,
regardless of the eventual commitment or noncommitment
of the person to the facility. The Commissioner of Mental Health and Addiction
Services may adopt regulations concerning the payment of transportation
expenses by the state under this subsection.
(c) The expenses of medically
necessary transportation from any facility operated by the state to any other
such facility shall be assumed by the facility which initiated the transfer of
such person.
Secs. 17a-529 to 17a-539. Reserved for future use.
PART III*
PATIENTS' RIGHTS
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.
Sec. 17a-541. (Formerly Sec.
17-206b). Deprivation of rights of patient prohibited. Exception.