State v. Curtis

576 A.2d 1299, 22 Conn. App. 199, 1990 Conn. App. LEXIS 224
CourtConnecticut Appellate Court
DecidedMay 18, 1990
Docket8169
StatusPublished
Cited by7 cases

This text of 576 A.2d 1299 (State v. Curtis) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Curtis, 576 A.2d 1299, 22 Conn. App. 199, 1990 Conn. App. LEXIS 224 (Colo. Ct. App. 1990).

Opinion

Borden, J.

The defendant appeals from the trial court’s imposition of a condition on the order releasing him from custody. That order was rendered after the court found that he was incompetent to stand trial and that there was no substantial probability that his competency would be restored. The dispositive issue is whether the court has the authority under General Statutes § 54-56d (m)1 to require the defendant to submit to an annual examination for the purpose of determining whether his competency has been regained. We [201]*201conclude that the court has no such authority. Accordingly, we reverse the decision of the trial court.

On October 30, 1987, the defendant allegedly shot two victims. One died later that day from a gunshot wound to the head, and the other received a nonfatal wound to the leg. Immediately after these shootings, the defendant shot himself in the head, causing extensive organic brain injury. In June, 1988, the defendant was charged with murder in violation of General Statutes § 53a-54a (a), attempted murder in violation of General Statutes § 53a-49 and 53a-54a (a), and assault in the first degree in violation of General Statutes § 53a-59 (a) (1).

Several competency hearings were held pursuant to General Statutes § 54-56d. At the first hearing, in August, 1988, the trial court, Barnett, J., found that the defendant was incompetent to stand trial. See General Statutes § 54-56d (a). The court was unable, however, to make a further finding as to whether there was a substantial probability that the defendant’s competency would be restored; see General Statutes § 54-56d (f); and it ordered a reexamination of the defendant. Additional hearings were held on the issue of the defendant’s potential for restoration.

At the final competency hearing, the trial court, Damiani, J., found that the defendant was incompetent, and that there was no substantial probability that the defendant, if provided with a course of treatment, would regain competency within the eighteen month placement period. See General Statutes § 54-56d (f) and (i). The court then properly determined that its actions were governed by General Statutes § 54-56d (m).

Under that statute, the court recognized that its actions were circumscribed; it could either “release the defendant from custody or order the defendant placed in the custody of the commissioner of mental health, [202]*202the commissioner of youth services or the commissioner of mental retardation.” Under § 54-56d (m), an incompetent defendant is placed with one of the three commissioners in order to be civilly committed, and “[a] defendant who is not civilly committed as a result of an application made by the commissioner of mental health, the commissioner of children and youth services or the commissioner of mental retardation pursuant to this section shall be released.”

The court determined that the defendant did not qualify for placement with any of the three statutory custodians because he did not meet the statutory commitment criteria. It then ordered that the defendant be released from custody. Although recognizing that the release of the defendant from custody was the only option available under the statute, the court considered an unconditional release of the defendant without requiring periodic examinations by the diagnostic team to be tantamount to a dismissal of the charges. It then imposed such an annual examination as a condition of the defendant’s discharge. The defendant appeals from the court’s imposition of that condition on his release.

The defendant claims that the court was without authority, either express or implied, under General Statutes § 54-56d (m), to place any conditions on his release. He argues that the ordinary meaning of the word “release” precludes the court from encumbering his release with conditions, and that the statutory requirement that a defendant who is not civilly committed must be released implies that the release contemplated under this statute must be unconditional. He further argues that the legislature could have permitted conditions of release under General Statutes § 54-56d (m), as it did under General Statutes § 54-56d (i) where conditions of release are permitted when ordering outplacement for the purpose of rendering the defendant competent.

[203]*203The state claims that the court’s order of annual examinations was within the purview of the statute. It argues that the statute, as applied to this case, was ambiguous because the defendant did not qualify for commitment with any of the three statutory custodians, and because the charges still outstanding against the defendant include murder, which has no statute of limitations. The state contends that, therefore, it was necessary for the court to fashion a reasonable order in accordance with the meaning and intent of the statute, and that, in the absence of institutionalization of the defendant, the imposition of a yearly examination was necessary for the court to be kept abreast of possible improvements in the defendant’s mental state that may allow for the prosecution to go forward. We agree with the defendant.

The procedures for determining competency and the placement alternatives available if a defendant is found incompetent are governed by General Statutes § 54-56d. This statute sets forth with punctilious detail the actions to be taken by a court in competency matters. Once the court makes certain findings regarding the defendant’s competency and his chances for restoration; see General Statutes § 54-56d (f); the statute contains carefully drawn procedures that dictate precisely what the court may order with respect to the disposition of incompetent defendants.

General Statutes § 54-56d (m) is specific in its mandate. It requires that “the court shall either release the defendant from custody or order the defendant placed in the custody of . . . [one of three] commissioner[s]. The commissioner given custody or his designee shall then apply for civil commitment according to chapter 306 or 368t. ... A defendant who is not civilly committed as a result of an application made by the commissioner . . . pursuant to this section shall be released.” (Emphasis added.) This clear and unambig[204]*204uous language does not by its express terms give the court discretion to impose conditions on an incompetent defendant’s release, and we find no basis for the implied authority to do so.

Section § 54-56d is drafted with clarity and precision, and addresses exactly what the court may do in this factual situation. Here, the court made two express findings regarding the defendant’s competency. First, it found that the defendant was incompetent, and, second, it found that there was no substantial probability that his competency would be regained. Given these findings, under this statutory scheme for determining competency the court’s subsequent action regarding the defendant’s placement alternatives was controlled by General Statutes § 54-56d (g), which directed the court to “follow the procedure set forth in subsection (m) of this section.” Subsection (m) is a virtual blueprint for what the court may order when an incompetent defendant is found to have no substantial probability of regaining his competency. The court here acted improperly in framing a release order that, by including a condition thereupon, exceeded the boundaries of the statute.

In State v. Hanson, 210 Conn. 519, 556 A.2d 1007

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2002 Conn. Super. Ct. 5521-aq (Connecticut Superior Court, 2002)
State v. Curtis, No. Cr97 13 40 66 (Aug 3, 1999)
1999 Conn. Super. Ct. 10641 (Connecticut Superior Court, 1999)
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1998 Conn. Super. Ct. 1000 (Connecticut Superior Court, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
576 A.2d 1299, 22 Conn. App. 199, 1990 Conn. App. LEXIS 224, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-curtis-connappct-1990.