Sec. 17a-596. (Formerly Sec. 17-257q). Board hearing procedures.
Sec. 17a-596. (Formerly Sec. 17-257q). Board hearing procedures. (a) Prior to
any hearing by the board concerning the discharge, conditional release or confinement
of the acquittee, the board, acquittee and state's attorney may each choose a psychiatrist
or psychologist to examine the acquittee. The results of the examination shall be in
writing and filed with the board, and shall include, but need not be limited to, an opinion
as to whether the acquittee is a person with psychiatric disabilities or mentally retarded
to the extent that his release would constitute a danger to himself or others and whether
the acquittee could be adequately controlled with treatment as a condition of release. To
facilitate examination of the acquittee, the board 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.
(b) The board shall consider all evidence available to it that is material, relevant
and reliable regarding the issues before the board. Such evidence may include but is not
limited to the record of trial, the information supplied by the state's attorney or by any
other interested party, including the acquittee, and information concerning the acquittee's mental condition and the entire psychiatric and criminal history of the acquittee.
(c) Testimony shall be taken upon oath or affirmation of the witness from whom
received.
(d) Any hearing by the board, including the taking of any testimony at such hearing,
shall be open to the public. At any hearing before the board, the acquittee shall have all
the rights given a party to a contested case under chapter 54. In addition to the rights
enumerated thereunder, the acquittee shall have the right to appear at all proceedings
before the board, except board deliberations and to be represented by counsel, to consult
with counsel prior to the hearing and, if indigent, to have counsel provided, pursuant to
the provisions of chapter 887, without cost. At any hearing before the board, copies of
documents and reports considered by the board shall be available for examination by
the acquittee, counsel for the acquittee and the state's attorney. The confidentiality of
these reports shall be determined pursuant to sections 52-146c to 52-146j, inclusive.
(e) Upon request of any party before the board, or on its own motion, the board may
continue a hearing for a reasonable time not to exceed sixty days to obtain additional
information or testimony or for other good cause shown.
(f) At any hearing before the board, the acquittee, or any applicant seeking an order
less restrictive than the existing order, shall have the burden of proving by a preponderance of the evidence the existence of conditions warranting a less restrictive order.
(g) A record shall be kept of all hearings before the board, except board deliberations.
(h) Within twenty-five days of the conclusion of the hearing, the board shall provide
the acquittee, his counsel, the state's attorney and any victim as defined in section 17a-601 with written notice of the board's decision. If there is no victim or the victim is
unidentified or cannot be located, the board shall be relieved of the requirement of
providing notice to the victim.
(P.A. 85-506, S. 17, 32; P.A. 87-486, S. 11; 87-554, S. 18; P.A. 91-406, S. 16, 29; P.A. 95-257, S. 48, 58; P.A. 07-73,
S. 2(b).)
History: P.A. 87-486 amended Subsec. (a) to add reference to an acquittee who is mentally retarded and to authorize
the board to order an acquittee placed with the commissioner of mental retardation, amended Subsec. (d) to require any
hearing by the board, including the taking of testimony, to be open to the public, and amended Subsec. (h) to increase from
15 to 25 days the period after the hearing during which the board is required to provide written notice of its decision; P.A.
87-554 amended Subsec. (h) by requiring board to notify any victim as defined in Sec. 17-257v of board's decision, unless
there is no victim or victim cannot be located; Sec. 17-257q transferred to Sec. 17a-596 in 1991; P.A. 91-406 confirmed
the numbering of this section as Sec. 17a-596, thereby correcting a typographical error; 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.
Annotation to former section 17-257q:
Cited. 211 C. 591. Cited. 215 C. 675.
Annotations to present section:
Cited. 230 C. 400.
Cited. 41 CA 688.