§ 17a-497 — (Formerly Sec. 17-177). Commitment jurisdiction. Application. Appointment of three-judge court.

Connecticut § 17a-497

• Jurisdiction: Connecticut
• Title 17a: Social and Human Services and Resources
• Ch. 319i: Persons with Psychiatric Disabilities

Text

(a) The jurisdiction of the commitment of a person with psychiatric disabilities to a hospital for psychiatric disabilities shall be vested in the Probate Court for the district in which such person resides or, when his or her place of residence is out of the state or unknown, in which he or she may be at the time of filing the application, except in cases where it is otherwise expressly provided by law. In any case in which the person is hospitalized in accordance with the provisions of sections 17a-498, 17a-502 or 17a-506, and an application for the commitment of such person is filed in accordance with the provisions of said sections, the jurisdiction shall be vested in the Probate Court for the district in which the hospital where such person is a patient is located. In the event that an application has been previously filed in another Probate Court with respect to the same confinement, no further action shall be taken on such prior application. If the respondent is confined to a hospital, notwithstanding the provisions of section 45a-7, the probate judge from the district where the application was filed shall hold the hearing on such commitment at the hospital where such person is confined, if in the opinion of at least one of the physicians appointed by the court to examine him it would be detrimental to the health and welfare of the respondent to travel to the Probate Court where the application was filed or if it could be dangerous to the respondent or others for him to travel to such court. The Probate Court shall exercise such jurisdiction only upon written application alleging in substance that such person has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled. Such application may be filed by any person and, if any person with psychiatric disabilities is at large and dangerous to the community, the first selectman or chief executive officer of the town in which he or she resides or in which he or she is at large shall make such application. (b) Upon the motion of any respondent or his or her counsel, or the probate judge having jurisdiction over such application, filed not later than three days prior to any hearing scheduled on such application, the Probate Court Administrator shall appoint a three-judge court from among the probate judges to hear such application. The judge of the Probate Court having jurisdiction over such application under the provisions of this section shall be a member, provided such judge may disqualify himself in which case all three members of such court shall be appointed by the Probate Court Administrator. Such three-judge court when convened shall have all the powers and duties set forth under sections 17a-75 to 17a-83 , inclusive, 17a-450 to 17a-483 , inclusive, 17a-495 to 17a-528 , inclusive, 17a-540 to 17a-550 , inclusive, 17a-560 to 17a-575 , inclusive, and 17a-615 to 17a-618 , inclusive, and shall be subject to all of the provisions of law as if it were a single-judge court. No such respondent shall be involuntarily confined without the vote of at least two of the three judges convened hereunder. The judges of such court shall designate a chief judge from among their members. All records for any case before the three-judge court shall be maintained in the Probate Court having jurisdiction over the matter as if the three-judge court had not been appointed. See Sec. 27-110 re commitment of mentally ill veterans.

Legislative History

(1949 Rev., S. 2644; P.A. 76-227, S. 2, 7; P.A. 77-4, S. 1, 2; 77-595, S. 2, 9; P.A. 79-515, S. 2; P.A. 94-27, S. 3, 17; P.A. 95-257, S. 48, 58; P.A. 15-217, S. 2; P.A. 18-86, S. 20; P.A. 22-69, S. 17.) History: P.A. 76-227 included feminine personal pronouns and required complaint to allege that person is dangerous to himself, herself or others rather than “is a fit subject to be confined in a hospital for mental illness”; P.A. 77-4 changed effective date of P.A. 76-227 from March 1, 1977, to October 1, 1977; P.A. 77-595 added provisions re jurisdiction in cases where person to be committed is hospitalized, substituted “application” for “complaint”, made first selectman or chief executive officer responsible for making application when mentally ill person is at large and dangerous rather than “selectmen” and added Subsec. (b) re hearing procedure; P.A. 79-515 added provision giving application filed in district where hospital located precedence over prior application and allowed hearing at hospital if there could be danger to respondent or others in his traveling to court; Sec. 17-177 transferred to Sec. 17a-497 in 1991; P.A. 94-27 amended Subsec. (b) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 substituted references to variants of “psychiatric disabilities” for references to variants of “mental illness” where appearing, effective July 1, 1995; P.A. 15-217 amended Subsec. (b) by deleting provision re appointment of judge who is an attorney-at-law admitted to practice in the state and made technical changes; P.A. 18-86 amended Subsec. (b) by replacing reference to Sec. 17a-576 with reference to Sec. 17a-575, effective June 4, 2018; P.A. 22-69 amended Subsec. (b) by replacing “17a-484” with “17a-483”, effective May 24, 2022. Annotations to former section 17-177: Cited. 224 C. 168. Cited. 22 CA 199. Cited. 30 CS 320. Jurisdiction of Probate Court over commitment of mentally ill person construed not to include children or youths; jurisdiction over latter in Superior Court pursuant to Sec. 46b-121; order of Probate Court committing minor null and void since Probate Court lacks jurisdiction to entertain and determine matters involving mental health commitment of children or youths. 35 CS 241. Annotations to present section: Cited. 224 C. 168; 230 C. 400. Subsec. (a): Civil commitment generally is an involuntary process, initiated by someone other than committee. 268 C. 508.