Sec. 17a-524. (Formerly Sec. 17-201). Writ of habeas corpus.
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.
(1949 Rev., S. 2654; 1959, P.A. 461; 1967, P.A. 555, S. 72; P.A. 78-280, S. 2, 127; P.A. 79-515, S. 7; P.A. 95-257, S.
48, 58.)
History: 1959 act provided for determining question of legality of commitment, stated to whom writs to be directed
and prohibited assessment of court fees against hospital superintendent or probate judge; 1967 act added drug dependent
as separate category; P.A. 78-280 replaced "county" with "judicial district"; P.A. 79-515 included reference to hospital
directors and replaced references to commitment for mental illness or drug dependence and determination of mental
illness or drug dependence with references to confinement for mental illness and determination of legality or illegality of
confinement; Sec. 17-201 transferred to Sec. 17a-524 in 1991; P.A. 95-257 replaced "mental illness" with "psychiatric
disabilities", effective July 1, 1995.
See Sec. 21a-240 for definitions relating to drug dependency.
Annotations to former section 17-201:
Cited. 168 C. 498. Cited. 173 C. 473. Cited. 174 C. 464. Cited. 189 C. 566.
Cited. 30 CS 320.