Sec. 17a-684. (Formerly Sec. 19a-126d). Emergency treatment, grounds, application, procedure, detention and release. Rights after commitment.
Sec. 17a-684. (Formerly Sec. 19a-126d). Emergency treatment, grounds, application, procedure, detention and release. Rights after commitment. (a) A person
who is intoxicated at the time of application for commitment pursuant to subsection
(b) of this section and who (1) is dangerous to himself or dangerous to others unless
committed, (2) needs medical treatment for detoxification for potentially life-threatening symptoms of withdrawal from alcohol or drugs or (3) is incapacitated by alcohol,
may be committed for emergency treatment to a treatment facility operated by the Department of Mental Health and Addiction Services or a private treatment facility approved by the department to provide emergency treatment. The requirement that a person
be intoxicated at the time of application may be waived if a licensed physician determines
that the person is in immediate need of medical treatment for detoxification for potentially life-threatening withdrawal symptoms. A refusal to undergo treatment shall not
constitute evidence of lack of judgment as to the need for treatment.
(b) A physician, spouse, guardian or relative of the person to be committed, or any
other responsible person, may make a written application for commitment under this
section, directed to the administrator of a treatment facility operated by the department
or approved by the department to provide emergency treatment. The application shall
state facts to support the need for emergency treatment and be accompanied by a physician's certificate stating that he has examined the person sought to be committed within
two days before the certificate's date and facts supporting the need for emergency
treatment.
(c) Upon tentative approval of the application by the administrator of the treatment
facility, the person shall be transferred to the facility. The medical officer of the treatment
facility shall immediately examine the person sought to be committed and advise the
administrator of the treatment facility whether the application sustains the grounds to
commit the person for emergency treatment. The administrator shall either accept the
application or refuse the application if the application fails to sustain the grounds for
commitment. If the administrator accepts the application, the person shall be retained
at the facility to which he was admitted, or transferred to another appropriate treatment
facility, until discharged under subsection (d) of this section.
(d) When, on the advice of the medical officer, the administrator determines that
the grounds for commitment for emergency treatment no longer exist, the administrator
shall discharge a person committed under this section. No person committed under this
section may be detained in any treatment facility for more than five days. If an application
for involuntary commitment under section 17a-685 has been filed within the five-day
period and the administrator of the treatment facility, on the advice of the medical officer
of the facility, finds that grounds for commitment exist under the provisions of said
section, he may detain the person until the application has been heard and determined,
but no longer than seven business days after filing the application.
(e) A copy of the written application for commitment and a written explanation of
the person's right to counsel, shall be given by the administrator of the treatment facility
to the person within twenty-four hours after commitment under this section. The administrator shall provide a reasonable opportunity for the person to consult counsel.
(P.A. 74-280, S. 14, 25; P.A. 75-528, S. 8, 15; P.A. 86-371, S. 6, 45; P.A. 90-209, S. 6; P.A. 92-32; P.A. 93-381, S. 9,
39; 93-435, S. 59, 95; P.A. 95-257, S. 5, 58; P.A. 96-29; P.A. 98-219, S. 13; P.A. 99-32.)
History: P.A. 75-528 substituted "licensed" facilities for "approved" facilities; P.A. 86-371 substituted a reference to
the commission for a reference to the department of mental health; P.A. 90-209 substantially rewrote the provisions of the
section, revised the Subsec. indicators, expanded the emergency commitment procedures to persons whose functioning is
impaired as a result of the use of drugs and to persons who are dangerous to themselves or in need of medical treatment
for detoxification from alcohol or drugs and increased the number of days which a person may be committed for emergency
treatment from three to five days; Sec. 17-155x transferred to Sec. 17a-626 in 1991; P.A. 92-32 amended Subsec. (b) by
eliminating provision prohibiting a physician employed by admitting facility or commission from being certifying physician; P.A. 93-381 and P.A. 93-435 replaced Connecticut alcohol and drug abuse commission with department of public
health and addiction services, effective July 1, 1993; Sec. 17a-626 transferred to Sec. 19a-126d in 1995; P.A. 95-257
replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of
Mental Health and Addiction Services, effective July 1, 1995; P.A. 96-29 limited Subsec. (a) to persons intoxicated at the
time of application; Sec. 19a-126d transferred to Sec. 17a-684 in 1997; P.A. 98-219 amended Subsec. (d) by changing
"petition" to "application" and increased maximum detention period from five to seven days; P.A. 99-32 amended Subsec.
(a) by adding provision allowing waiver of requirement of intoxication at time of application.