§ 17a-587 — (Formerly Sec. 17-257h). Temporary leave. Notification to victim. Application for order of temporary leave. Supervision of acquittee on temporary leave.

Connecticut § 17a-587

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

Text

(a) If at any time after the confinement of an acquittee in a hospital for psychiatric disabilities or the placement of an acquittee with the Commissioner of Developmental Services pursuant to order of the board, the superintendent of such hospital or said commissioner is of the opinion that the acquittee's psychiatric supervision and treatment would be advanced by permitting the acquittee to leave such hospital or the custody of said commissioner temporarily, the superintendent or said commissioner shall apply to the board for an order authorizing temporary leaves. The application shall include a statement of reasons in support thereof. The board shall send a copy of the application to the state's attorney. The board may order a hearing on the application and shall order such a hearing if the state's attorney files with the board a request therefor within ten days of his receipt of the application. The board shall grant the application, subject to such conditions and supervision as the board may set in the order for temporary leave, if it concludes that the acquittee's temporary leave, under the conditions specified, would not constitute a danger to the acquittee or others. If the board grants such application, (1) the acquittee may be permitted to leave such hospital or the custody of said commissioner temporarily, under the charge of his guardian, relatives or friends, or by himself or herself, at such times and under such conditions as the superintendent or said commissioner deems appropriate, unless the order of the board provides otherwise, and (2) the board shall notify the victim, as defined in section 17a-601, of the acquittee regarding such temporary leave. (b) At any time after the confinement of an acquittee in a hospital for psychiatric disabilities or the placement of an acquittee with the Commissioner of Developmental Services, the acquittee, or another person acting on the acquittee's behalf, may apply to the board for an order of temporary leave. On receipt of the application, the board shall request that the superintendent of the hospital or said commissioner report on whether such superintendent or said commissioner is of the opinion that the acquittee should be granted temporary leave. The report shall include facts supporting such opinion. An application for temporary leave under this subsection shall not be filed more frequently than once every six months from the date of the initial hearing held by the board pursuant to section 17a-583 . The board shall not be required to hold a hearing on the first application made by an acquittee under this subsection any earlier than ninety days after the date of such initial hearing. Any hearing resulting from any subsequent application of the acquittee shall be held not less than thirty days but not more than ninety days after the date of the filing of such application. If the board grants an application made under this subsection, (1) the acquittee may be permitted to leave such hospital or the custody of said commissioner temporarily, under the charge of his guardian, relatives or friends, or by himself or herself, at such times and under such conditions as the superintendent or said commissioner deems appropriate, unless the order of the board provides otherwise, and (2) the board shall notify the victim, as defined in section 17a-601 , regarding such temporary leave. (c) The board may designate any capable person or appropriate public or private agency to supervise the acquittee on temporary leave pursuant to subsection (a) or (b) of this section. Prior to any designation, the board shall notify the person or agency that the board contemplates designating to supervise the acquittee's temporary leave and provide the person or agency with an opportunity to be heard before the board. Any person or agency designated by the board to supervise the acquittee's temporary leave shall comply with such conditions as the board sets in the order for temporary leave.

Legislative History

(P.A. 85-506, S. 8, 32; P.A. 87-486, S. 5; P.A. 95-257, S. 48, 58; P.A. 07-73, S. 2(b); P.A. 09-162, S. 1; P.A. 22-45, S. 7.) History: P.A. 87-486 added provisions re temporary leaves from the custody of the commissioner of mental retardation of acquittees placed with said commissioner; Sec. 17-257h transferred to Sec. 17a-587 in 1991; P.A. 95-257 replaced “mental illness” with “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; P.A. 09-162 designated existing provisions as Subsec. (a), added “subject to such conditions and supervision as the board may set in the order for temporary leave” therein, and added Subsec. (b) re designation of person or agency to supervise acquittee on temporary leave, effective June 30, 2009; P.A. 22-45 amended Subsec. (a) by making technical changes, and adding Subdiv. (1) designator and Subdiv. (2) requiring notification to the victim of the acquittee regarding temporary leave, added new Subsec. (b) permitting an application to the board for temporary leave by the acquittee or someone acting on his or her behalf, redesignated existing Subsec. (b) as Subsec. (c) and amended same by adding internal reference to Subsec. (b). Annotation to former section 17-257h: Cited. 215 C. 675.