Sec. 17a-593. (Formerly Sec. 17-257n). Court order to discharge acquittee from custody.
Sec. 17a-593. (Formerly Sec. 17-257n). Court order to discharge acquittee
from custody. (a) The board, pursuant to section 17a-584 or 17a-592, may recommend
to the court the discharge of the acquittee from custody or the acquittee may apply
directly to the court for discharge from custody. The court shall send copies of the
recommendation or application to the state's attorney and to counsel for the acquittee.
An acquittee may apply for discharge not more than once every six months and no
sooner than six months after the initial board hearing held pursuant to section 17a-583.
(b) The recommendation or application shall contain the dates on which any prior
recommendations or applications for discharge had been filed with the court, the dates
on which decisions thereon were rendered, and a statement of facts, including any change
in circumstances since the determination on the most recent recommendation or application, sufficient to qualify the acquittee as a person who should be discharged. A recommendation by the board shall contain findings and conclusions to support the recommendation.
(c) If reasonable cause exists to believe that the acquittee remains a person with
psychiatric disabilities or mentally retarded to the extent that his discharge at the expiration of his maximum term of commitment would constitute a danger to himself or others,
the state's attorney, at least one hundred thirty-five days prior to such expiration, may
petition the court for an order of continued commitment of the acquittee.
(d) The court shall forward any application for discharge received from the acquittee
and any petition for continued commitment of the acquittee to the board. The board
shall, within ninety days of its receipt of the application or petition, file a report with
the court, and send a copy thereof to the state's attorney and counsel for the acquittee,
setting forth its findings and conclusions as to whether the acquittee is a person who
should be discharged. The board may hold a hearing or take other action appropriate to
assist it in preparing its report.
(e) Within ten days of receipt of a recommendation for discharge filed by the board
under subsection (a) of this section or receipt of the board's report filed under subsection
(d) of this section, either the state's attorney or counsel for the acquittee may file notice
of intent to perform a separate examination of the acquittee. An examination conducted
on behalf of the acquittee may be performed by a psychiatrist or psychologist of the
acquittee's own choice and shall be performed at the expense of the acquittee unless he
is indigent. If the acquittee is indigent, the court shall provide him with the services of
a psychiatrist or psychologist to perform the examination at the expense of the state.
Any such separate examination report shall be filed with the court within thirty days of
the notice of intent to perform the examination. To facilitate examinations of the acquittee, the court may order him placed in the temporary custody of any hospital for
psychiatric disabilities or other suitable facility or placed with the Commissioner of
Developmental Services.
(f) After receipt of the board's report and any separate examination reports, the
court shall promptly commence a hearing on the recommendation or application for
discharge or petition for continued commitment. At the hearing, the acquittee shall have
the burden of proving by a preponderance of the evidence that the acquittee is a person
who should be discharged.
(g) The court shall make a finding as to the mental condition of the acquittee and,
considering that its primary concern is the protection of society, make one of the following orders: (1) If the court finds that the acquittee is not a person who should be discharged, the court shall order the recommendation or application for discharge be dismissed; or (2) if the court finds that the acquittee is a person who should be discharged,
the court shall order the acquittee discharged from custody. The court shall send a copy
of such finding and order to the board.
(P.A. 85-506, S. 14, 32; P.A. 86-403, S. 38, 132; P.A. 87-486, S. 9; P.A. 95-257, S. 48, 58; P.A. 07-73, S. 2(b).)
History: P.A. 86-403 made technical change in Subsec. (e); P.A. 87-486 replaced provisions authorizing board to "apply
to the court for discharge of the acquittee" with provisions authorizing board to "recommend to the court the discharge of
the acquittee" and added references to the board's "recommendation" to reflect this procedural change, amended Subsec.
(c) to add reference to an acquittee who is mentally retarded and to authorize the state's attorney to petition the court for
continued commitment at least 135, rather than 90, days prior to the commitment's expiration, amended Subsec. (d) to
require the board to file a report within 90, rather than 45, days of receiving an application or petition, amended Subsec.
(e) to authorize the court to place the acquittee with the commissioner of mental retardation, amended Subsec. (f) to delete
provision that the board has the burden of proof when it applies for an order of discharge, and amended Subsec. (g) to
replace provision that "if the court finds that the acquittee is a person who should be confined, the court shall continue the
initial order committing the acquittee to the jurisdiction of the board" with "if the court finds that the acquittee is not a
person who should be discharged, the court shall order the recommendation or application for discharge be dismissed";
Sec. 17-257n transferred to Sec. 17a-593 in 1991; P.A. 95-257 replaced "mentally ill" and "mental illness" with varying
phrases containing the words "psychiatric disabilities", effective July 1, 1995; pursuant to P.A. 07-73 "Commissioner of
Mental Retardation" was changed editorially by the Revisors to "Commissioner of Developmental Services", effective
October 1, 2007.
Annotations to former section 17-257n:
Cited. 211 C. 591.
Cited. 20 CA 96.
Subsec. (a):
Cited. 15 CA 74; judgment reversed, see 211 C. 591.
Subsec. (c):
Cited. 12 CA 32. Cited. 15 CA 74; judgment reversed, see 211 C. 591.
Subsec. (f):
Cited. 215 C. 675.
Annotations to present section:
Cited. 230 C. 400. Meaning of "psychiatric disabilities" within definition of "person who should be discharged" is not
governed by the standard in either Sec. 17a-495(c) or 17a-458(a) and in this case trial court applied the correct standard,
found in governing regulations, in its interpretation of the term; the determination of whether person is a danger to himself
or others is a question of fact and is to be reviewed under the clearly erroneous standard; trial court's finding that defendant
suffered from a severe personality disorder and should therefore not be discharged did not violate defendant's substantive
due process rights. 265 C. 697. Appellate court's review of trial court's conclusions that subsec. violated defendant's due
process rights under Connecticut constitution and state and federal equal protection rights present question of law and
appellate court's review is plenary. 268 C. 508.
Statute found not to be unconstitutionally vague. Court rejected arguments that the lack of definition of "dangerous to
himself and others" and burden of predicting future conduct made statute vague. 69 CA 666. Court may properly credit
Psychiatric Security Review Board's opinions and rely on its findings; such findings are not inadmissible hearsay. 100
CA 407.
Subsec. (c):
Section impliedly imposes same burden on the state at a hearing for continued commitment of an acquittee beyond his
current definite period of commitment as is imposed in a civil commitment hearing under Sec. 17a-498(c). 230 C. 400.
Subsec. neither affects a suspect group nor implicates a fundamental right for purposes of federal equal protection clause,
and therefore must be analyzed under rational basis review. 268 C. 508.
Clearly erroneous standard applies to review of court's findings as to whether an acquittee is currently mentally ill to
the point of posing a danger to himself or community if discharged. 77 CA 564. Does not violate defendant's constitutional
rights to due process and equal protection of the laws. 92 CA 206.
Subsec. (f):
Cited. 43 CA 592.