Sec. 17a-497. (Formerly Sec. 17-177). Commitment jurisdiction. Application. Appointment of three-judge court.
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.
(1949 Rev., S. 2644; P.A. 76-227, S. 2, 7; P.A. 77-4, S. 1, 2; 77-595, S. 2, 9; P.A. 79-515, S. 2; P.A. 94-27, S. 3, 17;
P.A. 95-257, S. 48, 58.)
History: P.A. 76-227 included feminine personal pronouns and required complaint to allege that person is dangerous
to himself, herself or others rather than "is a fit subject to be confined in a hospital for mental illness"; P.A. 77-4 changed
effective date of P.A. 76-227 from March 1, 1977, to October 1, 1977; P.A. 77-595 added provisions re jurisdiction in
cases where person to be committed is hospitalized, substituted "application" for "complaint", made first selectman or
chief executive officer responsible for making application when mentally ill person is at large and dangerous rather than
"selectmen" and added Subsec. (b) re hearing procedure; P.A. 79-515 added provision giving application filed in district
where hospital located precedence over prior application and allowed hearing at hospital if there could be danger to
respondent or others in his traveling to court; Sec. 17-177 transferred to Sec. 17a-497 in 1991; P.A. 94-27 amended Subsec.
(b) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 substituted references
to variants of "psychiatric disabilities" for references to variants of "mental illness" where appearing, effective July 1, 1995.
See Sec. 27-110 re commitment of mentally ill veterans.
Annotations to former section 17-177:
Cited. 224 C. 168.
Cited. 22 CA 199.
Cited. 30 CS 320. Jurisdiction of probate court over commitment of mentally ill person construed not to include children
or youths. Jurisdiction over latter in superior court pursuant to section 46b-121. 35 CS 241. Order of probate court committing minor null and void since probate court lacks jurisdiction to entertain and determine matters involving mental health
commitment of children or youths. Id.
Annotations to present section:
Cited. 224 C. 168. Cited. 230 C. 400.
Subsec. (a):
Civil commitment generally is an involuntary process, initiated by someone other than committee. 268 C. 508.