§ 17a-599 — (Formerly Sec. 17-257t). Confinement under conditions of maximum security. Transfer for medical treatment. Risk management review committee. Requests to transfer from maximum security division to lower security division.

Connecticut § 17a-599

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

Text

(a) At any time the court or the board determines that the acquittee is a person who should be confined, it shall make a further determination of whether the acquittee is so violent as to require confinement under conditions of maximum security. Any acquittee found so violent as to require confinement under conditions of maximum security shall not be confined in any hospital for psychiatric disabilities or placed with the Commissioner of Developmental Services unless such hospital or said commissioner has the trained and equipped staff, facilities or security to accommodate such acquittee. (b) The Commissioner of Mental Health and Addiction Services may transfer any acquittee who requires (1) confinement under conditions of maximum security pursuant to subsection (a) of this section, and (2) medical treatment that is unavailable in the maximum security environment or would constitute a safety hazard to the acquittee or others due to the use of certain medical equipment or material, to a facility that can provide such medical treatment, provided (A) the commissioner ensures that the conditions of custody of the acquittee at such facility are and remain equivalent to conditions of maximum security, (B) the commissioner consults with a licensed health care provider who has evaluated the acquittee regarding such transfer and the licensed health care provider approves of such transfer, and (C) transfer of the acquittee back to the maximum security setting occurs upon completion of the medical treatment. The commissioner shall provide the board with notice of such transfer at the most reasonable time determined by the superintendent, but not later than forty-eight hours after such transfer. (c) Each hospital for psychiatric disabilities treating acquittees under secure conditions shall establish a risk management review committee comprised of licensed clinical professionals and administrators of the hospital to review requests to transfer an acquittee from a maximum security division of the hospital to a lower security division of the hospital for the reason described in this subsection. If at any time after the confinement of an acquittee in a hospital for psychiatric disabilities under conditions of maximum security, the superintendent of such hospital is of the opinion, after consultation with the hospital's risk management review committee, that the acquittee's psychiatric supervision and treatment would be safely advanced by permitting the acquittee to transfer to a lower security division of the hospital, the superintendent may effectuate the transfer. The superintendent shall provide the board with at least forty-eight hours advance notice of the transfer. The board shall notify each victim, as defined in section 17a-601 , of the acquittee regarding the transfer.

Legislative History

(P.A. 85-506, S. 20, 32; P.A. 87-486, S. 12; P.A. 95-257, S. 48, 58; P.A. 07-73, S. 2(b); P.A. 17-179, S. 1; P.A. 22-45, S. 8.) History: P.A. 87-486 added reference to an acquittee placed with the commissioner of mental retardation; Sec. 17-257t transferred to Sec. 17a-599 in 1991; P.A. 95-257 substituted “psychiatric disabilities” for “mental illness”, 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. 17-179 designated existing provisions re determination of whether acquittee is so violent as to require confinement under maximum security as Subsec. (a) and added Subsec. (b) re transfer of acquittee for medical treatment; P.A. 22-45 amended Subsec. (b) by eliminating requirement that the commissioner provide written justification to the board for transfer for medical treatment and requiring consultation with and approval by a health care provider and notification of the board re such transfer and added Subsec. (c) requiring the establishment of a risk management review committee to review requests to transfer from maximum security division to a lower security division. Nothing in section limits board's discretion re placement of acquittees who are not found to be so violent as to require maximum security confinement, thus section does not contemplate that only “so violent” acquittees may be confined under conditions of maximum security, and therefore regulation re maximum security confinement for acquittees does not impermissibly conflict with section. 291 C. 307.