Sec. 17a-567. (Formerly Sec. 17-245). Disposition of defendant after report.
Sec. 17a-567. (Formerly Sec. 17-245). Disposition of defendant after report.
(a) If the report recommends that the defendant be sentenced in accordance with the
conviction, placed on probation by the court or placed on probation by the court with
the requirement, as a condition of such probation, that he receive outpatient psychiatric
treatment, the defendant shall be returned directly to the court for disposition. If the
report recommends sentencing in accordance with the conviction and confinement in
the division for custody, care and treatment, then during the period between the submission of the report and the disposition of the defendant by the court such defendant shall
remain at the division and may receive such custody, care and treatment as is consistent
with his medical needs.
(b) If the report recommends confinement at the division for custody, care and
treatment, the court shall set the matter for a hearing not later than fifteen days after
receipt of the report. Any evidence, including the report ordered by the court, regarding
the defendant's mental condition may be introduced at the hearing by either party. Any
staff member of the diagnostic unit who participated in the examination of the defendant
and who signed the report may testify as to the contents of the report. The defendant
may waive the court hearing.
(c) If at such hearing the court finds the defendant is not in need of custody, care
and treatment at the division, it shall sentence him in accordance with the conviction
or place him on probation. If the court finds that such person is in need of outpatient
psychiatric treatment, it may place him on probation on condition that he receive such
treatment. If the court finds such person to have psychiatric disabilities and to be dangerous to himself or others and to require custody, care and treatment at the division, it
shall sentence him in accordance with the conviction and order confinement in the
division for custody, care and treatment provided no court may order such confinement
if the report does not recommend confinement at the division. The defendant shall not
be subject to custody, care and treatment under sections 17a-560 to 17a-576, inclusive,
beyond the maximum period specified in the sentence.
(1957, P.A. 650, S. 8; P.A. 73-245, S. 8; P.A. 80-470, S. 4, 11; P.A. 95-257, S. 20, 48, 58.)
History: P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute;
P.A. 80-470 made previous provisions Subsecs. (a) and (c) with slight changes, adding proviso forbidding confinement
at institution unless recommended by report, and inserted new Subsec. (b) re hearing on report; Sec. 17-245 transferred to
Sec. 17a-567 in 1991; P.A. 95-257 substituted "have psychiatric disabilities" for "be mentally ill" and "division" for
"institute", effective July 1, 1995.
Annotations to former section 17-245:
Cited. 190 C. 327. Cited. 200 C. 224. Good conduct statutes do not require different treatment in computation of
sentences between those sentenced and confined to Whiting Forensic Institute and those transferred to Whiting from
correctional institutions. 205 C. 27. Cited. 210 C. 519. Cited. 224 C. 168.
Cited. 12 CA 32. Cited. 20 CA 737. Cited. 21 CA 172. Cited. 29 CA 386.
Cited. 41 CS 229.
Subsec. (b):
Statute creates rational classification designed as much to aid the defendant as it is to protect the rights of the state. 190
C. 327.
Subsec. (c):
Cited. 22 CA 199.
Annotations to present section:
Section is constitutional; not in violation of separation of powers doctrine, due process or equal protection rights. 224
C. 168.
Cited. 29 CA 386.