CHAPTER 319i*
PERSONS WITH PSYCHIATRIC DISABILITIES

      *Annotations to former chapter 306:

      Sec. 17-176 et seq. cited. 205 C. 27, 38.

      Cited. 22 CA 199, 203, 206.

Table of Contents

Sec. 17a-450. (Formerly Sec. 17-207b). Department of Mental Health and Addiction Services.
Sec. 17a-450a. Department of Mental Health and Addiction Services. Successor to the Department of Mental Health and to the addiction services component of the former Department of Public Health and Addiction Services.
Sec. 17a-451. (Formerly Sec. 17-210a). Commissioner of Mental Health and Addiction Services. Duties. Regulations re fair hearing process.
Sec. 17a-451a. Closure of state-operated programs at Fairfield Hills Hospital and at Norwich Hospital and consolidation of programs at Connecticut Valley Hospital. Private provider services.
Sec. 17a-451b. Consolidation of inpatient mental health and substance abuse services at Connecticut Valley Hospital: Exemption from certain approval requirements.
Sec. 17a-451c. Relocation of former Norwich Hospital tenants. Exemption from certain project approval requirements.
Sec. 17a-451d. Nonlapsing fund for site acquisition, capital development and infrastructure costs to provide services to persons with mental retardation or psychiatric disabilities.
Sec. 17a-451e. Sale, lease or transfer of Fairfield Hills Hospital. Use of moneys.
Sec. 17a-451f. Nonlapsing mental health services grants account.
Sec. 17a-452. (Formerly Sec. 17-210b). Deputy commissioners.
Sec. 17a-453. (Formerly Sec. 17-219). Administration of Mental Health Act authorized by Congress. Funds.
Sec. 17a-453a. Operation of behavioral health managed care program for recipients of medical services under the state-administered general assistance program.
Sec. 17a-453b. Waiver from federal law sought for services provided under section 17a-453a.
Sec. 17a-453c. "Project Safe" interagency collaboration.
Sec. 17a-453d. Transitional behavioral heath services available to certain reservists and their dependents.
Sec. 17a-454. (Formerly Sec. 17-220). Acceptance of gift or devise by Commissioner of Mental Health and Addiction Services.
Sec. 17a-455. (Formerly Sec. 17-221). Acceptance of gift or devise on behalf of state-operated facility within the Department of Mental Health and Addiction Services.
Sec. 17a-455a. Lease of private residence for a person receiving services from the Department of Mental Health and Addiction Services.
Sec. 17a-456. (Formerly Sec. 17-207). Board of Mental Health and Addiction Services.
Sec. 17a-457. (Formerly Sec. 17-208a). Duties of board.
Sec. 17a-458. (Formerly Sec. 17-207a). Definitions.
Sec. 17a-458a. Term "psychiatric disability" substituted for "mental illness".
Sec. 17a-459. (Formerly Sec. 17-209a). Connecticut Mental Health Center.
Sec. 17a-460. (Formerly Sec. 17-209b). Center advisory board.
Sec. 17a-460a. Connecticut Mental Health Center: Definitions.
Sec. 17a-460b. Connecticut Mental Health Center: Participation authorized.
Sec. 17a-460c. Connecticut Mental Health Center: Provider agreements.
Sec. 17a-460d. Connecticut Mental Health Center: Other contracts.
Sec. 17a-460e. Connecticut Mental Health Center: Authorized activities.
Sec. 17a-460f. Connecticut Mental Health Center: Accounting.
Sec. 17a-461. (Formerly Sec. 17-209c). Charges for care.
Sec. 17a-462. (Formerly Sec. 17-209g). Capitol Region Mental Health Center.
Sec. 17a-463. (Formerly Sec. 17-212a). Fairfield Hills Hospital. Greenwich House property transferred.
Sec. 17a-464. (Formerly Sec. 17-209h). Ribicoff Research Center.
Sec. 17a-465. (Formerly Sec. 17-222). Traffic regulation on grounds of Department of Mental Health and Addiction Services institutions.
Sec. 17a-465a. (Formerly Sec. 19a-5c). Traffic restrictions on grounds of facility. Penalty.
Sec. 17a-466. (Formerly Sec. 17-211a). Contract for services for patients or former patients of department institutions.
Sec. 17a-467. (Formerly Sec. 17-211b). Regulations re private treatment of patients in state hospitals. Payment for treatment.
Sec. 17a-468. (Formerly Sec. 17-211c). Contracts with private agencies for halfway house handling of patients.
Sec. 17a-468a. Provision of subsidies to persons requiring supervised living arrangements.
Sec. 17a-468b. Residences for adults with acquired brain injuries. Administration of medication.
Sec. 17a-469. (Formerly Sec. 17-224). Psychiatric clinics and day treatment programs.
Sec. 17a-470. (Formerly Sec. 17-213a). Advisory boards for state hospitals and facilities.
Sec. 17a-471. (Formerly Sec. 17-214a). Duties of advisory boards.
Sec. 17a-471a. Connecticut Valley Hospital: Development of policies and standards for resident clients and placement of discharged clients; advisory council.
Sec. 17a-471b. Fairfield Hills Hospital oversight committee.
Sec. 17a-471c. Norwich Hospital oversight committee.
Sec. 17a-472. (Formerly Sec. 17-215a). Appointment and removal of facility superintendents and directors.
Sec. 17a-473. (Formerly Sec. 17-215b). Duties of superintendents and directors.
Sec. 17a-474. (Formerly Sec. 17-229a). Release and transfer of inmates of humane institutions.
Sec. 17a-475. (Formerly Sec. 17-215c). Written policy re treatment plans.
Sec. 17a-475a. Medical services for women in state-operated facilities.
Sec. 17a-476. (Formerly Sec. 17-226b). Grants to general hospitals, municipalities and nonprofit organizations for mental health services.
Sec. 17a-477.
Sec. 17a-478. (Formerly Sec. 17-226e). Mental health regions established.
Sec. 17a-479. (Formerly Sec. 17-226f). Purposes of mental health regions.
Sec. 17a-480. (Formerly Sec. 17-226g). Regional mental health directors.
Sec. 17a-481. (Formerly Sec. 17-226i). Per capita formula for funds of mental health regions.
Sec. 17a-482. (Formerly Sec. 17-226j). Definitions.
Sec. 17a-483. (Formerly Sec. 17-226k). Catchment area council; representatives; duties.
Sec. 17a-484. (Formerly Sec. 17-226l). Regional mental health boards; duties; funds; staff; representation of alcohol and drug programs.
Sec. 17a-484a. Grants-in-aid for support services to eligible households.
Sec. 17a-484b. Pilot peer engagement specialist program.
Sec. 17a-484c. Discharge plan. Regulations.
Sec. 17a-485. Community Mental Health Strategic Investment Fund.
Sec. 17a-485a. Community mental health strategic plan and financial assistance plan. Information and expenditure recommendations to the Community Mental Health Strategy Board.
Sec. 17a-485b. Community Mental Health Strategy Board. Duties. Report. Staff.
Sec. 17a-485c. Supportive Housing Pilots Initiative. Memorandum of understanding. Reports.
Sec. 17a-485d. Availability of optional rehabilitation services or substance abuse rehabilitation services under Medicaid program. Amendment to Medicaid state plan. Certification of providers by Commissioner of Mental Health and Addiction Services. Regulations.
Sec. 17a-486. (Formerly Sec. 17a-681a). Clinical assessment of certain persons charged with misdemeanor. Recommended treatment plan for consideration by court.
Secs. 17a-487 to 17a-494.
Sec. 17a-495. (Formerly Sec. 17-176). Definitions.
Sec. 17a-496. (Formerly Sec. 17-229). Penalty.
Sec. 17a-497. (Formerly Sec. 17-177). Commitment jurisdiction. Application. Appointment of three-judge court.
Sec. 17a-498. (Formerly Sec. 17-178). Hearing on commitment application. Notice. Rights of respondent. Examination by physicians. Order of commitment. Election of voluntary status prior to adjudication. Review of confinement.
Sec. 17a-499. (Formerly Sec. 17-179). Court records. Commitment; uniform forms; service of process.
Sec. 17a-500. (Formerly Sec. 17-180). Maintenance and confidentiality of records of cases of persons with psychiatric disabilities. Exchange of information concerning commitment status of firearm permit applicants and holders.
Sec. 17a-501. (Formerly Sec. 17-182). Hospitals to which person with psychiatric disabilities committed.
Sec. 17a-502. (Formerly Sec. 17-183). Commitment under emergency certificate. Examination of patient. Discharge. Rights to be explained. Hearing. Duties of hospital. Order for detention to continue. Private hospitals to notify commissioner. Immediate discharge of patient, when. Notification of next of kin.
Sec. 17a-503. (Formerly Sec. 17-183a). Detention by police officer prior to commitment. Issuance of emergency certificates by psychologist and certain clinical social workers and advanced practice registered nurses.
Sec. 17a-504. (Formerly Sec. 17-184). Penalty for wrongful acts re the commitment or psychiatric disabilities of another person.
Sec. 17a-505. (Formerly Sec. 17-186). Escort of female patients to hospital.
Sec. 17a-506. (Formerly Sec. 17-187). Voluntary admissions. Notification of next of kin. Restriction on right to leave. Commitment proceedings. Continuation of confinement. Probable cause hearing.
Sec. 17a-507. (Formerly Sec. 17-187a). Admission to general hospital having psychiatric facilities.
Sec. 17a-508. (Formerly Sec. 17-188). Commitment after expiration of specified period.
Sec. 17a-509. (Formerly Sec. 17-191). Placement of persons with psychiatric disabilities in boarding or convalescent hospitals. Not applicable to person convicted of or charged with crime.
Sec. 17a-510. (Formerly Sec. 17-192). Release or transfer; procedure.
Sec. 17a-511. (Formerly Sec. 17-193). Transfer of patients by agreement.
Sec. 17a-512. (Formerly Sec. 17-194b). Definitions.
Sec. 17a-513. (Formerly Sec. 17-194c). Voluntary admission of inmates of correctional institutions in hospital for psychiatric disabilities.
Sec. 17a-514. (Formerly Sec. 17-194d). Emergency confinement in hospital for psychiatric disabilities of inmates of correctional institutions.
Sec. 17a-515. (Formerly Sec. 17-194e). Commitment proceedings for inmates of correctional institutions to hospitals for psychiatric disabilities.
Sec. 17a-516. (Formerly Sec. 17-194f). Discharge from hospital of inmates of correctional institutions.
Sec. 17a-517. (Formerly Sec. 17-194g). Hospitalization in Whiting Forensic Institute of dangerous or desperate individual.
Sec. 17a-518. (Formerly Sec. 17-195). Transportation expense from community correctional centers to hospital and vice versa.
Sec. 17a-519. (Formerly Sec. 17-196). Fees, compensation and costs.
Sec. 17a-520. (Formerly Sec. 17-197). Commitment at expiration of term of imprisonment.
Sec. 17a-521. (Formerly Sec. 17-198). Temporary leaves from institution. Return or recall of patient. Exception.
Sec. 17a-522. (Formerly Sec. 17-199). Recommitment of escaped persons.
Sec. 17a-523. (Formerly Sec. 17-200). Commission to inquire whether person is wrongly confined.
Sec. 17a-524. (Formerly Sec. 17-201). Writ of habeas corpus.
Sec. 17a-525. (Formerly Sec. 17-202). Appeal.
Sec. 17a-526. (Formerly Sec. 17-203). Commitment suspended on bond for confinement.
Sec. 17a-527. (Formerly Sec. 17-204). Court may direct as to care of mentally ill pending appeal.
Sec. 17a-528. (Formerly Sec. 17-205a). Payment of commitment and transportation expenses.
Secs. 17a-529 to 17a-539.
Sec. 17a-540. (Formerly Sec. 17-206a). Definitions.
Sec. 17a-541. (Formerly Sec. 17-206b). Deprivation of rights of patient prohibited. Exception.
Sec. 17a-542. (Formerly Sec. 17-206c). Humane and dignified treatment required. Formulation of discharge plan.
Sec. 17a-543. (Formerly Sec. 17-206d). Procedures governing medication, treatment, psychosurgery and shock therapy.
Sec. 17a-543a. Administration of medication to criminal defendant placed in custody of Commissioner of Mental Health and Addiction Services. Special limited conservator.
Sec. 17a-544. (Formerly Sec. 17-206e). Placement of patient in seclusion or mechanical restraint. Medication not to be used as substitute for habilitation.
Sec. 17a-545. (Formerly Sec. 17-206f). Physical and psychiatric examinations.
Sec. 17a-546. (Formerly Sec. 17-206g). Communication by mail and telephone.
Sec. 17a-547. (Formerly Sec. 17-206h). Visitors. Restrictions on mail, telephone and visitor privileges, when allowed.
Sec. 17a-548. (Formerly Sec. 17-206i). Patient's rights re clothing, possessions, money and access to records. List of rights to be posted.
Sec. 17a-549. (Formerly Sec. 17-206j). Denial of employment, housing, licenses, because of history of mental disorder restricted.
Sec. 17a-550. (Formerly Sec. 17-206k). Remedies of aggrieved persons.
Secs. 17a-551 to 17a-559.
Sec. 17a-560. (Formerly Sec. 17-238). Definitions.
Sec. 17a-560a. Whiting Forensic Division of Connecticut Valley Hospital substituted for Whiting Forensic Institute.
Sec. 17a-561. (Formerly Sec. 17-239). Persons to be treated at Whiting Forensic Division.
Sec. 17a-562. (Formerly Sec. 17-240). Whiting Forensic Division under control and supervision of Department of Mental Health and Addiction Services.
Sec. 17a-563. (Formerly Sec. 17-242). Appointment of staff.
Sec. 17a-564. (Formerly Sec. 17-242a). Director to make report to board.
Sec. 17a-565. (Formerly Sec. 17-243). Advisory and review board.
Sec. 17a-566. (Formerly Sec. 17-244). Certain convicted persons to be examined. Report and recommendation.
Sec. 17a-567. (Formerly Sec. 17-245). Disposition of defendant after report.
Sec. 17a-568. (Formerly Sec. 17-247). Other statutes not affected.
Sec. 17a-569. (Formerly Sec. 17-250). Periodic examinations of patients.
Sec. 17a-570. (Formerly Sec. 17-251). Review and disposition of case after periodic examination. Report of determination to court. Hearing.
Sec. 17a-571. (Formerly Sec. 17-252). Notice of director's action.
Sec. 17a-572. (Formerly Sec. 17-253). Records to be confidential.
Sec. 17a-573. (Formerly Sec. 17-254). When director may institute commitment proceedings.
Sec. 17a-574. (Formerly Sec. 17-255). Cases affecting juveniles unaffected.
Sec. 17a-575. (Formerly Sec. 17-256). Habeas corpus unaffected.
Sec. 17a-576. (Formerly Sec. 17-257). Effective date.
Secs. 17a-577 to 17a-579.
Sec. 17a-580. (Formerly Sec. 17-257a). Definitions.
Sec. 17a-581. (Formerly Sec. 17-257b). Psychiatric Security Review Board. Membership. Meetings. Regulations.
Sec. 17a-582. (Formerly Sec. 17-257c). Confinement of acquittee for examination. Court order of commitment to board or discharge.
Sec. 17a-583. (Formerly Sec. 17-257d). Initial hearing by board after commitment.
Sec. 17a-584. (Formerly Sec. 17-257e). Finding and action by board. Recommendation of discharge. Order of conditional release or confinement.
Sec. 17a-585. (Formerly Sec. 17-257f). Periodic review by board.
Sec. 17a-586. (Formerly Sec. 17-257g). Periodic report re mental condition of acquittee.
Sec. 17a-587. (Formerly Sec. 17-257h). Temporary leaves.
Sec. 17a-588. (Formerly Sec. 17-257i). Conditional release.
Sec. 17a-589. (Formerly Sec. 17-257j). Supervision of acquittee on conditional release.
Sec. 17a-590. (Formerly Sec. 17-257k). Examination and treatment of acquittee on conditional release.
Sec. 17a-591. (Formerly Sec. 17-257l). Modification of conditional release.
Sec. 17a-592. (Formerly Sec. 17-257m). Board recommendation to discharge acquittee from custody.
Sec. 17a-593. (Formerly Sec. 17-257n). Court order to discharge acquittee from custody.
Sec. 17a-594. (Formerly Sec. 17-257o). Summary modification or termination of conditional release upon violation of terms or change in mental health.
Sec. 17a-595. (Formerly Sec. 17-257p). Testimony of witnesses before board. Subpoena.
Sec. 17a-596. (Formerly Sec. 17-257q). Board hearing procedures.
Sec. 17a-597. (Formerly Sec. 17-257r). Appeal of board orders and decisions.
Sec. 17a-598. (Formerly Sec. 17-257s). Court hearing procedures.
Sec. 17a-599. (Formerly Sec. 17-257t). Confinement under conditions of maximum security.
Sec. 17a-600. (Formerly Sec. 17-257u). Appointment of overseer and conservator for acquittee. Payment of expenses.
Sec. 17a-601. (Formerly Sec. 17-257v). Notice to victims of court and board hearings.
Sec. 17a-602. (Formerly Sec. 17-257w). Applicability of sections 17a-580 to 17a-601, inclusive.
Sec. 17a-603. Court enforcement of statutes and orders.
Secs. 17a-604 to 17a-614.
Sec. 17a-615. (Formerly Sec. 17-258). Interstate Compact on Mental Health.
Sec. 17a-616. (Formerly Sec. 17-259). Compact administrators.
Sec. 17a-617. (Formerly Sec. 17-260). Supplementary agreements.
Sec. 17a-618. (Formerly Sec. 17-261). Payment of obligations.
Secs. 17a-619 and 17a-620.

PART I*
DEPARTMENT OF MENTAL HEALTH AND ADDICTION SERVICES.
STATE HOSPITALS

      *Annotation to former part II of chapter 306:

      Cited. 139 C. 287.

      Sec. 17a-450. (Formerly Sec. 17-207b). Department of Mental Health and Addiction Services. (a) There shall be a Department of Mental Health and Addiction Services headed by a Commissioner of Mental Health and Addiction Services, appointed by the Governor with the advice of the Board of Mental Health and Addiction Services established pursuant to section 17a-456.

      (b) For the purposes of chapter 50, the Department of Mental Health and Addiction Services shall be a single budgeted agency. It shall consist of two divisions, the Division of Mental Health Services and the Division of Substance Abuse Services, that shall be organized to promote comprehensive, client-based services in the areas of mental health treatment and substance abuse treatment and to ensure the programmatic integrity and clinical identity of services in each area. The department shall perform the functions of: Centralized administration, planning and program development; prevention and treatment programs and facilities, both inpatient and outpatient, for persons with psychiatric disabilities or persons with substance abuse disabilities, or both; community mental health centers and community or regional programs and facilities providing services for persons with psychiatric disabilities or persons with substance abuse disabilities, or both; training and education; and research and evaluation of programs and facilities providing services for persons with psychiatric disabilities or persons with substance abuse disabilities, or both. The department shall include, but not be limited to, the following divisions and facilities or their successor facilities: The office of the Commissioner of Mental Health and Addiction Services; Capitol Region Mental Health Center; Connecticut Valley Hospital; the Connecticut Mental Health Center; the Whiting Forensic Division; Ribicoff Research Center; Cedarcrest Hospital; the Southwest Connecticut Mental Health System, including the Franklin S. DuBois Center and the Greater Bridgeport Community Mental Health Center; the Southeastern Mental Health Authority; River Valley Services; the Western Connecticut Mental Health Network; and any other state-operated facility for the treatment of persons with psychiatric disabilities or persons with substance abuse disabilities, or both, but shall not include those portions of such facilities transferred to the Department of Children and Families for the purpose of consolidation of children's services.

      (c) The Department of Mental Health and Addiction Services may:

      (1) Solicit and accept for use any gift of money or property made by will or otherwise, and any grant of money, services or property from the federal government, the state or any political subdivision thereof or any private source, and do all things necessary to cooperate with the federal government or any of its agencies in making an application for any grant;

      (2) Keep records and engage in research and the gathering of relevant statistics;

      (3) Work with public or private agencies, organizations, facilities or individuals to ensure the operation of the programs set forth in accordance with sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, 17a-580 to 17a-603, inclusive, and 17a-615 to 17a-618, inclusive;

      (4) Hold hearings, issue subpoenas, administer oaths, compel testimony and order production of books, papers and records in the performance of its duties;

      (5) Operate trustee accounts, in accordance with procedures prescribed by the Comptroller, on behalf of inpatient and outpatient department clients;

      (6) Notwithstanding any provisions of sections 4-101 and 17b-239 to the contrary, establish medical reimbursement rates for behavioral health services including, but not limited to, inpatient, outpatient and residential services purchased by the department; and

      (7) Perform such other acts and functions as may be necessary or convenient to execute the authority expressly granted to it.

      (1972, P.A. 145, S. 2; P.A. 73-291, S. 1; P.A. 75-603, S. 2, 15; P.A. 76-339, S. 2, 5; P.A. 77-220, S. 2, 5; P.A. 79-610, S. 29; P.A. 86-371, S. 18, 45; P.A. 87-225, S. 2; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; 93-427, S. 1, 6; P.A. 95-257, S. 10, 58; June 18 Sp. Sess. P.A. 97-8, S. 1, 88; P.A. 99-234, S. 1.)

      History: P.A. 73-291 abolished alcohol and drug dependence division of department of mental health; P.A. 75-603 deleted programs and facilities for children from purview of mental health department and deleted High Meadows as a department facility (Revisor's note: A reference to "security treatment center" was changed editorially by the Revisors to "Whiting Forensic Institute" to conform section with P.A. 73-245); P.A. 76-339 included Ribicoff Research Center as department facility; P.A. 77-220 included Cedarcrest Regional Hospital as department facility and removed Undercliff Mental Health Center; P.A. 79-610 removed division for licensing of facilities providing care for mentally disordered adults from department; P.A. 86-371 amended Subsec. (b) to add the reference to facilities transferred to the Connecticut alcohol and drug abuse commission, to delete reference to Blue Hills Hospital and to revise name of Bridgeport Mental Health Center and added Subsec. (c) re discretionary powers of mental health department; P.A. 87-225 amended Subsec. (b) to change the name of the DuBois Day Treatment Center to the Franklin S. DuBois Center; Sec. 17-207b transferred to Sec. 17a-450 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-381 substituted department of public health and addiction services for Connecticut alcohol and drug abuse commission, effective July 1, 1993; P.A. 93-427 amended Subsec. (b) to add Capitol Region Mental Health Center to the list of facilities under the department, effective July 1, 1993; P.A. 95-257 replaced Department, Commissioner and Board of Mental Health with Department, Commissioner and Board of Mental Health and Addiction Services, specified two divisions and their duties, added reference to Blue Hills Hospital, Berkshire Woods, Eugene Boneski, and Dutcher treatment centers, replaced mental disorder with psychiatric or substance abuse disability, deleted in Subsec. (b) reference to portions of facilities transferred to the former Department of Public Health and Addiction Services, effective July 1, 1995 (Revisor's note: In Subsec. (b), "persons adults or adults with substance abuse disabilities" was replaced editorially by the Revisors with "persons with substance abuse disabilities" for conformity with references elsewhere in the Subsec.); June 18 Sp. Sess. P.A. 97-8 amended Subsec. (b) to delete reference to Norwich, Fairfield Hills and Blue Hills hospitals and Berkshire Woods, Eugene Boneski, and Dutcher treatment centers and amended Subsec. (c) to add Subdiv. (5) allowing trustee accounts and Subdiv. (6) allowing reimbursement rates, renumbering the remaining Subdiv., effective July 1, 1997; P.A. 99-234 amended Subsec. (b) by adding reference to successor facilities, the Southwest Connecticut Mental Health System, the Southeastern Mental Health Authority, River Valley Services and the Western Connecticut Mental Health Network.

      See Sec. 1-101aa re provider participation in informal committees, task forces and work groups of department not deemed to be lobbying.

      See Sec. 17a-283a re moratorium on sale, lease or transfer of state property used for residential purposes by persons with mental retardation or psychiatric disabilities.

      Annotations to former section 17-207b:

      Subsec. (b):

      Cited. 185 C. 517, 526. Cited. 213 C. 548, 560.

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      Sec. 17a-450a. Department of Mental Health and Addiction Services. Successor to the Department of Mental Health and to the addiction services component of the former Department of Public Health and Addiction Services. (a) The Department of Mental Health and Addiction Services shall constitute a successor department to the Department of Mental Health. Whenever the words "Commissioner of Mental Health" are used or referred to in the following general statutes, the words "Commissioner of Mental Health and Addiction Services" shall be substituted in lieu thereof and whenever the words "Department of Mental Health" are used or referred to in the following general statutes, the words "Department of Mental Health and Addiction Services" shall be substituted in lieu thereof: 2c-2b, 4-5, 4-38c, 4-60i, 4-77a, 4a-12, 4a-16, 5-142, 8-206d, 10-19, 10-71, 10-76d, 17a-14, 17a-26, 17a-31, 17a-33, 17a-218, 17a-246, 17a-450, 17a-451, 17a-452, 17a-453, 17a-454, 17a-455, 17a-456, 17a-457, 17a-458, 17a-459, 17a-460, 17a-463, 17a-464, 17a-465, 17a-466, 17a-467, 17a-468, 17a-470, 17a-471, 17a-472, 17a-473, 17a-474, 17a-476, 17a-478, 17a-479, 17a-480, 17a-481, 17a-482, 17a-483, 17a-484, 17a-498, 17a-499, 17a-502, 17a-506, 17a-510, 17a-511, 17a-512, 17a-513, 17a-519, 17a-528, 17a-560, 17a-561, 17a-562, 17a-565, 17a-576, 17a-581, 17a-582, 17a-675, 17b-28, 17b-222, 17b-223, 17b-225, 17b-359, 17b-420, 17b-694, 19a-82, 19a-495, 19a-498, 19a-507a, 19a-507c, 19a-576, 19a-583, 20-14i, 20-14j, 21a-240, 21a-301, 27-122a, 31-222, 38a-514, 46a-28, 51-51o, 52-146h and 54-56d.

      (b) The Department of Mental Health and Addiction Services shall constitute a successor department to the addiction services component of the Department of Public Health and Addiction Services. Whenever the words "Commissioner of Public Health and Addiction Services" are used or referred to in the following general statutes, the words "Commissioner of Mental Health and Addiction Services" shall be substituted in lieu thereof and whenever the words "Department of Public Health and Addiction Services" are used or referred to in the following general statutes, the words "Department of Mental Health and Addiction Services" shall be substituted in lieu thereof: 4a-12, 17a-3, 17a-465a, 17a-670 to 17a-676, inclusive, 17a-678 to 17a-682, inclusive, 17a-684 to 17a-687, inclusive, 17a-691, 17a-694, 17a-710, 17a-712, 17a-713 19a-89c, 20-74o, 20-74p, 20-74q, 21a-274a, 54-36i and 54-56g.

      (c) Any order or regulation of the Department of Mental Health or the addiction services component of the Department of Public Health and Addiction Services that is in force on July 1, 1995, shall continue in force and effect as an order or regulation of the Department of Mental Health and Addiction Services until amended, repealed or superseded pursuant to law. Where any order or regulation of the departments conflict, the Commissioner of Mental Health and Addiction Services may implement policies and procedures consistent with the provisions of public act 95-257* while in the process of adopting the policy or procedure in regulation form, provided notice of intention to adopt the regulations is printed in the Connecticut Law Journal within twenty days of implementation. The policy or procedure shall be valid until the time final regulations are effective.

      (P.A. 95-257, S. 5, 11, 58; P.A. 98-247, S. 12; P.A. 99-284, S. 56, 60; P.A. 02-89, S. 27; 02-123, S. 8.)

      *Public act 95-257 is entitled "An Act Concerning the Consolidation of State-Operated Programs at Fairfield Hills, Norwich and Connecticut Valley Hospitals, Transfer of Addiction Services to the Former Department of Mental Health, Medicaid Waiver and the Office of Health Care Access". (See Reference Table captioned "Public Acts of 1995" in Volume 16 which lists the sections amended, created or repealed by the act.)

      History: P.A. 95-257, S. 5 and 11 effective July 1, 1995; P.A. 98-247 repealed Sec. 20-74r and specifically authorized deletion of reference to Sec. 20-74r in this section; P.A. 99-284 deleted obsolete reference to Sec. 38a-539 and made a technical change in Subsec. (a), effective January 1, 2000; P.A. 02-89 amended Subsec. (a) to delete reference to Sec. 22a-224, reflecting the repeal of said section by the same public act; P.A. 02-123 amended Subsec. (a) to delete reference to repealed Sec. 13b-38n, effective June 7, 2002.

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      Sec. 17a-451. (Formerly Sec. 17-210a). Commissioner of Mental Health and Addiction Services. Duties. Regulations re fair hearing process. (a) The Commissioner of Mental Health and Addiction Services shall be a qualified person with a masters degree or higher in a health-related field and at least ten years' experience in hospital, health, mental health or substance abuse administration.

      (b) The commissioner shall be the executive head of the Department of Mental Health and Addiction Services.

      (c) The commissioner shall prepare and issue regulations for the administration and operation of the Department of Mental Health and Addiction Services, and all state-operated facilities and community programs providing care for persons with psychiatric disabilities or persons with substance abuse disabilities, or both.

      (d) The commissioner shall coordinate the community programs receiving state funds with programs of state-operated facilities for the treatment of persons with psychiatric disabilities or persons with substance abuse disabilities, or both.

      (e) The commissioner shall collaborate and cooperate with other state agencies providing services for mentally disordered children and adults with psychiatric disabilities or persons with substance abuse disabilities, or persons with both disabilities, and shall coordinate the activities of the Department of Mental Health and Addiction Services with the activities of said agencies.

      (f) (1) The commissioner shall establish and enforce standards and policies for the care and treatment of persons with psychiatric disabilities or persons with substance abuse disabilities, or both, in public and private facilities which are consistent with other health care standards and may make any inquiry, investigation or examination of records of such facilities as may be necessary for the purpose of investigating the occurrence of any serious injury or unexpected death involving any person who has within one year of such occurrence received services for the care and treatment of such disabilities from a state-operated facility or a community program receiving state funds. (2) The findings of any such inquiry, investigation or examination of records conducted pursuant to this subsection shall not be subject to disclosure pursuant to section 1-210, nor shall such findings be subject to discovery or introduction into evidence in any civil action arising out of such serious injury or unexpected death. (3) Except as to the finding provided in subdivision (2) of this subsection, nothing in this subsection shall be construed as restricting disclosure of the confidential communications or records upon which such findings are based, where such disclosure is otherwise provided for by law.

      (g) The commissioner shall establish and direct research, training, and evaluation programs.

      (h) The commissioner shall develop a state-wide plan for the development of mental health services which identifies needs and outlines procedures for meeting these needs.

      (i) The commissioner shall be responsible for the coordination of all activities in the state relating to substance abuse disabilities and treatment, including activities of the Departments of Children and Families, Correction, Public Health, Social Services and Veterans' Affairs, the judicial branch and any other department or entity providing services to persons with substance abuse disabilities.

      (j) The commissioner shall be responsible for developing and implementing the Connecticut comprehensive plan for prevention, treatment and reduction of alcohol and drug abuse problems to be known as the state substance abuse plan. The plan shall include state-wide, long-term planning goals and objectives and annual revisions of objectives. In the development of the substance abuse plan the commissioner shall solicit and consider the recommendations of the subregional planning and action councils established under section 17a-671.

      (k) The commissioner shall prepare a consolidated budget request for the operation of the Department of Mental Health and Addiction Services.

      (l) The commissioner shall appoint professional, technical and other personnel necessary for the proper discharge of the commissioner's duties, subject to the provisions of chapter 67.

      (m) The commissioner shall from time to time adjust the geographic territory to be served by the facilities and programs under the commissioner's jurisdiction.

      (n) The commissioner shall specify uniform methods of keeping statistical information by public and private agencies, organizations and individuals, including a client identifier system, and collect and make available relevant statistical information, including the number of persons treated, demographic and clinical information about such persons, frequency of admission and readmission, frequency and duration of treatment, level or levels of care provided and discharge and referral information. The commissioner shall also require all facilities that provide prevention or treatment of alcohol or drug abuse or dependence that are operated or funded by the state or licensed under sections 19a-490 to 19a-503, inclusive, to implement such methods. The commissioner shall report any licensed facility that fails to report to the licensing authority. The client identifier system shall be subject to the confidentiality requirements set forth in section 17a-688 and regulations adopted thereunder.

      (o) The commissioner shall establish uniform policies and procedures for collecting, standardizing, managing and evaluating data related to substance use, abuse and addiction programs administered by state agencies, state-funded community-based programs and the judicial branch, including, but not limited to: (1) The use of prevention, education, treatment and criminal justice services related to substance use, abuse and addiction; (2) client demographic and substance use, abuse and addiction information; and (3) the quality and cost effectiveness of substance use, abuse and addiction services. The commissioner shall, in consultation with the Secretary of the Office of Policy and Management, ensure that the judicial branch, all state agencies and state-funded community-based programs with substance use, abuse and addiction programs or services comply with such policies and procedures. Notwithstanding any other provision of the general statutes concerning confidentiality, the commissioner, within available appropriations, shall establish and maintain a central repository for such substance use, abuse and addiction program and service data from the judicial branch, state agencies and state-funded community-based programs administering substance use, abuse and addiction programs and services. The central repository shall not disclose any data that reveals the personal identification of any individual. The Connecticut Alcohol and Drug Policy Council established pursuant to section 17a-667 shall have access to the central repository for aggregate analysis. The commissioner shall submit a biennial report to the General Assembly, in accordance with the provisions of section 11-4a, the Office of Policy and Management and the Connecticut Alcohol and Drug Policy Council. The report shall include, but need not be limited to, a summary of: (A) Client and patient demographic information; (B) trends and risks factors associated with alcohol and drug use, abuse and dependence; (C) effectiveness of services based on outcome measures; and (D) a state-wide cost analysis.

      (p) The commissioner may contract for services to be provided for the department or by the department for the prevention of mental illness or substance abuse in persons, as well as other mental health or substance abuse services described in section 17a-478 and shall consult with providers of such services in developing methods of service delivery.

      (q) (1) The commissioner may make available to municipalities, nonprofit community organizations or self help groups any services, premises and property under the control of the Department of Mental Health and Addiction Services but shall be under no obligation to continue to make such property available in the event the department permanently vacates a facility. Such services, premises and property may be utilized by such municipalities, nonprofit community organizations or self help groups in any manner not inconsistent with the intended purposes for such services, premises and property. The Commissioner of Mental Health and Addiction Services shall submit to the Commissioner of Administrative Services any agreement for provision of services by the Department of Mental Health and Addiction Services to municipalities, nonprofit community organizations or self help groups for approval of such agreement prior to the provision of services pursuant to this subsection.

      (2) The municipality, nonprofit community organization or self help group using any premises and property of the department shall be liable for any damage or injury which occurs on the premises and property and shall furnish to the Commissioner of Mental Health and Addiction Services proof of financial responsibility to satisfy claims for damages on account of any physical injury or property damage which may be suffered while the municipality, nonprofit community organization or self help group is using the premises and property of the department in such amount as the commissioner determines to be necessary. The state of Connecticut shall not be liable for any damage or injury sustained on the premises and property of the department while the premises and property are being utilized by any municipality, nonprofit community organization or self help group.

      (3) The Commissioner of Mental Health and Addiction Services shall adopt regulations, in accordance with chapter 54, to carry out the provisions of this subsection. As used in this subsection, "self help group" means a group of volunteers, approved by the commissioner, who offer peer support to each other in recovering from an addiction.

      (r) The commissioner shall prepare an annual report for the Governor.

      (s) The commissioner shall perform all other duties which are necessary and proper for the operation of the department.

      (t) The commissioner may direct clinical staff at Department of Mental Health and Addiction Services facilities or in crisis intervention programs funded by the department who are providing treatment to a patient to request disclosure, to the extent allowed under state and federal law, of the patient's record of previous treatment in order to accomplish the objectives of diagnosis, treatment or referral of the patient. If the clinical staff in possession of the requested record determines that disclosure would assist the accomplishment of the objectives of diagnosis, treatment or referral, the record may be disclosed, to the extent allowed under state and federal law, to the requesting clinical staff without patient consent. Records disclosed shall be limited to records maintained at department facilities or crisis intervention programs funded by the department. The Commissioner of Mental Health and Addiction Services shall adopt regulations in accordance with chapter 54 to administer the provisions of this subsection and to ensure maximum safeguards of patient confidentiality.

      (u) The commissioner shall adopt regulations to establish a fair hearing process which provides the right to appeal final determinations of the Department of Mental Health and Addiction Services or of its grantee agencies as determined by the commissioner regarding: The nature of denial, involuntary reduction or termination of services. Such hearings shall be conducted in accordance with the provisions of chapter 54, after a person has exhausted the department's established grievance procedure. Any matter which falls within the jurisdiction of the Psychiatric Security Review Board under sections 17a-580 to 17a-603, inclusive, shall not be subject to the provisions of this section. Any person receiving services from a Department of Mental Health and Addiction Services facility or a grantee agency determined by the commissioner to be subject to this subsection and who is aggrieved by a violation of sections 17a-540 to 17a-549, inclusive, may elect to either use the procedure specified in this subsection or file for remedies under section 17a-550.

      (1972, P.A. 145, S. 3; P.A. 74-165, S. 1, 2; P.A. 75-479, S. 17, 25; 75-603, S. 3-6, 15; P.A. 76-73; 76-285, S. 2, 3; 76-339, S. 3, 5; P.A. 77-614, S. 70, 610; P.A. 88-317, S. 72, 107; P.A. 90-76, S. 1, 2; 90-271, S. 13, 24; May Sp. Sess. P.A. 92-16, S. 40, 89; P.A. 94-204, S. 1; P.A. 95-257, S. 14, 58; P.A. 96-4, S. 1, 2; P.A. 99-178, S. 2; 99-234, S. 2; 99-273; P.A. 01-27; P.A. 02-9, S. 2, 3.)

      History: P.A. 74-165 included in Subsec. (l) services for prevention of mental illness; P.A. 75-479 added Subsec. (p) re parent-child resource system; P.A. 75-603 revised Subsecs. (c), (d), (f) and (l) to apply only to adults and added reference to "mental disorders" in Subsec. (l); P.A. 76-73 made services available to municipalities or nonprofit community organizations as well as "premises and property" and required approval of finance and control commissioner before services are provided in Subsec. (m); P.A. 76-285 and 76-339 deleted reference to mental disorders in Subsec. (l) and added "other mental health services described in Sec. 17-226e" and deleted Subsec. (p); P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 88-317 amended reference to Secs. 4-166 to 4-174 in Subsec. (m) to include new section added to Ch. 54, effective July 1, 1989, and applicable to all agency proceedings commencing on or after that date; P.A. 90-76 added Subsec. (p) re disclosure of patient records; P.A. 90-271 made a technical change; Sec. 17-210a transferred to Sec. 17a-451 in 1991; May Sp. Sess. P.A. 92-16 amended Subsec. (l) by adding "and shall consult with providers of such services in developing methods of service delivery"; P.A. 94-204 added new Subsec. (q) to require commissioner to adopt regulations to establish a fair-hearing process; P.A. 95-257 replaced Commissioner of Mental Health with Commissioner of Mental Health and Addiction Services, added to the minimum qualifications a masters degree or higher in a health related field, required the experience be for at least ten years and allowed it to be in substance abuse administration, replaced mental disorder with psychiatric and substance abuse disability, added Subsec. (i) re coordination responsibilities, inserted new Subsec. (j) re state substance abuse plan and new Subsec. (n) re statistical information, relettering prior Subsecs. as necessary, amended Subsec. (o) to include services "to be provided for the department or by the department", added to Subsec. (p) the provision re no obligation to continue to make property available and limited disclosure under Subsec. (s) "to the extent allowed under state and federal law", effective July 1, 1995; P.A. 96-4 amended Subsec. (t) by adding reference to the department's "Mental Health Division", effective April 22, 1996; P.A. 99-178 amended Subsec. (f) by dividing it into subdivisions, adding provisions re inquiry concerning serious injury or death to Subdiv. (1) and adding Subdivs. (2) re findings and (3) re exception; P.A. 99-234 amended Subsec. (t) by deleting obsolete reference to department's mental health division and made technical changes; P.A. 99-273 amended Subsec. (n) by adding reference to "demographic and clinical information", "levels of care provided" and "discharge and referral information", modifying "facilities" by adding reference to "prevention", "abuse" and "operated or funded by the state" and by requiring commissioner to report "failure to report to the licensing authority", added new Subsec. (o) re collection and reporting of data, relettered the remaining Subsecs. and made technical changes; P.A. 01-27 amended Subsec. (q) by adding provisions re self help groups and making technical changes; P.A. 02-9 amended Subsec. (o) by changing requirement for commissioner's reporting to the General Assembly from annual to biennial and amended Subsec. (t) to allow disclosure of referrals of patients.

      See Sec. 19a-6c re Tobacco Abuse Reduction and Health Plan.

      See Secs. 20-14i to 20-14j, inclusive, re administration of medication in day and residential programs and facilities.

      See Sec. 52-146f re consent of patient to disclosure of records.

      Annotation to former section 17-210a:

      Subsec. (b):

      Cited. 185 C. 517, 526.

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      Sec. 17a-451a. Closure of state-operated programs at Fairfield Hills Hospital and at Norwich Hospital and consolidation of programs at Connecticut Valley Hospital. Private provider services. The Commissioner of Mental Health and Addiction Services shall develop a plan for the closure of the state-operated programs at Fairfield Hills Hospital and at Norwich Hospital and the consolidation of the programs at Connecticut Valley Hospital. The plan shall accommodate the present on-site operation of the private providers currently providing substance abuse services on the Fairfield Hills and Norwich Hospital campuses and shall assist in the coordination of finding locations within the area for such services. The plan shall make provisions for the availability of state-operated in-patient services for persons with substance abuse disabilities in the geographic areas formerly served by the Fairfield Hills Hospital and the Norwich Hospital. The commissioner shall submit monthly reports on the development and implementation of the plan developed under subsection (a) of this section to the committees of the General Assembly having cognizance of matters relating to public health and appropriations.

      (P.A. 95-257, S. 1, 58.)

      History: P.A. 95-257, S. 1 effective July 1, 1995.

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      Sec. 17a-451b. Consolidation of inpatient mental health and substance abuse services at Connecticut Valley Hospital: Exemption from certain approval requirements. (a) As used in this section:

      (1) "Consolidation program" means the process of consolidating inpatient mental health and substance abuse services throughout the state at the Connecticut Valley Hospital in Middletown; and

      (2) "Priority state hospital facility project" or "project" means each step, part or aspect of the consolidation program. "Project" includes, but is not limited to, repairing, renovating, enlarging or equipping existing buildings, or constructing new buildings, on the grounds of the Connecticut Valley Hospital.

      (b) Notwithstanding the provisions of the general statutes or any special act, the consolidation program, each project, each closure and each contract entered into in connection with a project shall be exempt from the provisions of sections 4b-57, 4b-58 and 4b-91 and from the requirements for approval of a request or application provided for in section 19a-638 and in subsection (a) of section 19a-639, provided (1) the project begins no later than June 30, 1999; (2) the project is completed no later than December 31, 2002; (3) the cost of the project does not exceed thirty-six million dollars; and (4) the Commissioner of Mental Health and Addiction Services certifies in writing to the Secretary of the Office of Policy and Management that the project meets the criteria of public act 95-257* and upon such certification the Secretary of the Office of Policy and Management shall authorize the Commissioner of Public Works to implement such project.

      (P.A. 95-257, S. 6, 58; P.A. 97-94, S. 1, 2; P.A. 98-150, S. 10, 17; P.A. 02-23, S. 1.)

      *Public act 95-257 is entitled "An Act Concerning the Consolidation of State-Operated Programs at Fairfield Hills, Norwich and Connecticut Valley Hospitals, Transfer of Addiction Services to the Former Department of Mental Health, Medicaid Waiver and the Office of Health Care Access". (See Reference Table captioned "Public Acts of 1995" in Volume 16 which lists the sections amended, created or repealed by the act.)

      History: P.A. 95-257, S. 6 effective June 12, 1995 (Revisor's note: A reference to "Commission of Public Works" was replaced editorially by the Revisors with "Commissioner of Public Works" to correct a clerical error); P.A. 97-94 added reference to Sec. 4b-57 in Subsec. (b), changed 1998 and 2000 to 1999 and 2002 in Subdiv. (1) and (2) of Subsec. (b) and in Subdiv. (3) of Subsec. (b) changed limit on cost of project from twenty to thirty-six million, effective July 1, 1997; P.A. 98-150 made a technical change to Subsec. (b) re reference to Sec. 19a-638, effective June 5, 1998; P.A. 02-23 amended Subsec. (b)(2) to extend completion date of project from no later than June 30, 2002, to no later than December 31, 2002, effective May 6, 2002.

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      Sec. 17a-451c. Relocation of former Norwich Hospital tenants. Exemption from certain project approval requirements. Section 17a-451c is repealed, effective October 1, 2002.

      (P.A. 96-158, S. 2, 3; P.A. 98-150, S. 11, 17; S.A. 02-12, S. 1.)

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      Sec. 17a-451d. Nonlapsing fund for site acquisition, capital development and infrastructure costs to provide services to persons with mental retardation or psychiatric disabilities. There is established a nonlapsing fund that shall contain (1) any moneys received by the state from the sale, lease or transfer of all or any part of Norwich Hospital or any regional center that takes place after January 1, 2001, and (2) any other moneys required by law to be deposited in a separate account within the General Fund for purposes of this section, section 17a-212a or 17a-283a or section 4 of public act 01-154*. The Treasurer shall credit the fund with its investment earnings. Any balance remaining in said fund at the end of any fiscal year shall be carried forward in the fund for the fiscal year next succeeding. The principal and interest of the fund shall be used solely for the purpose of site acquisition, capital development and infrastructure costs necessary to provide services to persons with mental retardation or psychiatric disabilities, provided amounts in the fund may be expended only pursuant to appropriation by the General Assembly.

      (P.A. 01-154, S. 2, 5; P.A. 04-216, S. 69.)

      *Note: Section 4 of public act 01-154 is special in nature and therefore has not been codified but remains in full force and effect according to its terms.

      History: P.A. 01-154 effective July 6, 2001; P.A. 04-216 deleted provision that earmarked money from the sale, lease or transfer of Fairfield Hills Hospital for the fund established under section, effective May 6, 2004.

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      Sec. 17a-451e. Sale, lease or transfer of Fairfield Hills Hospital. Use of moneys. Any moneys received by the state from the sale, lease or transfer of all or any part of Fairfield Hills Hospital shall be allocated to the Department of Mental Health and Addiction Services and shall be divided equally between the General Fund accounts for the Community Mental Health Strategy Board and grants for mental health services.

      (P.A. 04-216, S. 70.)

      History: P.A. 04-216 effective May 6, 2004.

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      Sec. 17a-451f. Nonlapsing mental health services grants account. Notwithstanding the provisions of section 17a-451e, the funds required by said section 17a-451e to be allocated to the Department of Mental Health and Addiction Services for grants for mental health services shall be deposited in a separate, nonlapsing account established within the General Fund. Said account shall be the mental health services grants account, and shall contain any other moneys required by law to be deposited in said account. The moneys in said account shall be expended as provided by law.

      (P.A. 258, S. 36.)

      History: P.A. 04-258 effective July 1, 2004.

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      Sec. 17a-452. (Formerly Sec. 17-210b). Deputy commissioners. (a) There shall be two deputy commissioners of mental health and addiction services appointed by the commissioner with the advice of the Board of Mental Health and Addiction Services. The deputy commissioner for mental health services shall hold a master's degree or higher, shall have a minimum of ten years' experience in business, hospital, health or mental health administration and shall be responsible for the supervision of medical and other treatment activities of the Division of Mental Health. The deputy commissioner for addiction services shall hold a master's degree or higher, shall have a minimum of ten years' experience in the prevention and treatment of substance abuse and shall be knowledgeable in substance abuse program planning and administration and shall be responsible for the supervision and coordination of all substance abuse activities of the department and with other departments.

      (b) There shall be a medical director appointed by the Commissioner of Mental Health and Addiction Services with the advice of the Board of Mental Health and Addiction Services. The medical director shall be a qualified physician licensed to practice medicine in Connecticut and shall have experience in comprehensive health care or human services operations. The medical director shall be responsible for (1) the quality and appropriateness of services by developing policies relating to clinical services regulated by the department and those services delivered in department facilities or under contract to the department; (2) directing a standards and quality assurance program, a utilization review program, a physician recruitment and retention program and a peer review program for physicians and other clinical staff employed by or under contract to the department; and (3) other tasks as directed by the commissioner.

      (1972, P.A. 145, S. 4; P.A. 95-257, S. 15, 58.)

      History: Sec. 17-210b transferred to Sec. 17a-452 in 1991; P.A. 95-257 replaced mental health with mental health and addiction services, eliminated the requirement that one of the two deputy commissioners be a psychiatrist, requiring instead a master's degree or higher, required the experience be for a minimum of ten years and added "business" as one of the areas of administration experience, eliminated the requirement that the other deputy commissioner be for administrative services, requiring instead that he be for addiction services and set forth the qualifications, and added Subsec. (b) re a medical director, effective July 1, 1995.

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      Sec. 17a-453. (Formerly Sec. 17-219). Administration of Mental Health Act authorized by Congress. Funds. The Department of Mental Health and Addiction Services is designated as the state agency to administer the Mental Health Act as authorized under Public Law 487 of the 79th Congress, as from time to time amended, and shall receive and distribute federal and state funds which become available for mental health services under said act.

      (1949 Rev., S. 3828; 1955, S. 1540d; P.A. 95-257, S. 11, 58; P.A. 01-195, S. 135, 181.)

      History: Sec. 17-219 transferred to Sec. 17a-453 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 01-195 made technical changes, effective July 11, 2001.

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      Sec. 17a-453a. Operation of behavioral health managed care program for recipients of medical services under the state-administered general assistance program. (a) The Commissioner of Mental Health and Addiction Services shall operate a behavioral health managed care program, within available appropriations, to: (1) Provide consistent and appropriate treatment to eligible recipients; (2) reduce treatment costs for such recipients; (3) eliminate duplicated services provided to such recipients; and (4) assist such recipients in applying for federally funded programs. Said commissioner shall adopt regulations, in accordance with chapter 54, to implement said program. For purposes of this section "eligible recipient" means an individual eligible for medical services under the state-administered general assistance program, pursuant to section 17b-192, and in need of behavioral health services, as determined by the Department of Mental Health and Addiction Services. Notwithstanding section 17a-476, 17a-676, 17b-192 or any other provision of the general statutes, services provided under the behavioral health managed care program established by this section shall not be restricted to services offered under the Medicaid program. The Department of Mental Health and Addiction Services shall be responsible for all services and payments related to the provision of the behavioral health services for eligible recipients and may conduct an audit of all aspects of the program established by this section including, but not limited to, services provided, prior authorizations, payments for services and medical records. The commissioner shall analyze the results of such audits to identify discrepancies and errors with regard to services and payments and areas that involve program implementation and operation problems. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, concerning the recovery of reimbursements made to providers based on audit findings and setting such progressive sanctions as the commissioner deems appropriate for any providers found, as a result of an audit, not to be in compliance with the standards established pursuant to this section. The regulations shall include a provision allowing the commissioner to take action to withhold reimbursement for any such provider and shall provide for a grace period before a sanction is imposed. A provider may appeal a decision of the commissioner to withhold reimbursements or to impose a sanction in accordance with the provisions of chapter 54.

      (b) The Commissioner of Mental Health and Addiction Services shall implement policies and procedures necessary for the purposes of this section while in the process of adopting such policies and procedures in regulation form, provided the commissioner prints a notice of intention to adopt the regulations in the Connecticut Law Journal not later than twenty days prior to implementing such policies and procedures. The commissioner shall submit a report on such policies and procedures each month to the joint standing committees of the General Assembly having cognizance of matters concerning public health and human services and to the Secretary of the Office of Policy and Management until final regulations are submitted to the legislative regulation review committee not later than April 1, 1998. Policies and procedures implemented pursuant to this subsection shall be valid until the time final regulations are effective.

      (c) On and after July 1, 1998, the Commissioner of Mental Health and Addiction Services shall expand the program established by this section to include services that provide basic needs support to assist in the restoration of functioning of recipients determined eligible by the Department of Social Services.

      (d) Providers of services and provider networks under the program established by this section shall be approved by the commissioner in accordance with criteria established by the commissioner, which shall include, but not be limited to, minimum reserve fund requirements.

      (P.A. 95-194, S. 18, 33; 95-257, S. 11, 58; P.A. 97-143, S. 3, 4; June 18 Sp. Sess. P.A. 97-8, S. 10, 88; June 30 Sp. Sess. P.A. 03-3, S. 47.)

      History: P.A. 95-194, S. 18 effective July 1, 1995 (Revisor's note: P.A. 95-257 authorized substitution of "Commissioner of Mental Health and Addiction Services" for "Commissioner of Mental Health", effective July 1, 1995); P.A. 97-143 made program permanent by deleting the term "pilot", effective June 13, 1997; June 18 Sp. Sess. P.A. 97-8 amended Subsec. (a) to establish a behavioral health managed care program and added Subsecs. (b) to (d), inclusive, for the same purpose, effective July 1, 1997; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (a) to redefine "eligible recipient" as an "individual eligible for medical services under the state-administered general assistance program" and make a technical change, effective August 20, 2003.

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      Sec. 17a-453b. Waiver from federal law sought for services provided under section 17a-453a. The Commissioner of Social Services and the Commissioner of Mental Health and Addiction Services shall seek a waiver from federal law for the purposes of conducting community based services for rehabilitation and restoration of functions for persons eligible under the behavioral health managed care program established by section 17a-453a.

      (June 18 Sp. Sess. P.A. 97-8, S. 55, 88.)

      History: June 18 Sp. Sess. P.A. 97-8 effective July 1, 1997.

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      Sec. 17a-453c. "Project Safe" interagency collaboration. There shall be an interagency collaboration, to be known as "Project Safe", between the Department of Mental Health and Addiction Services and the Department of Children and Families, for the evaluation of and service delivery to families identified by the Department of Children and Families as requiring substance abuse and other behavioral health services. Such collaboration shall include, but not be limited to, evaluations, service needs, service delivery, housing, medical coverage, vocation and employment support and other related recovery support services. The Commissioner of Mental Health and Addiction Services and the Commissioner of Children and Families shall enter into a written memorandum of understanding to carry out the interagency collaboration required under this section. The Department of Social Services and the Labor Department may participate in such collaboration as necessary on a case-by-case basis.

      (P.A. 00-216, S. 9, 28.)

      History: P.A. 00-216 effective July 1, 2000.

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      Sec. 17a-453d. Transitional behavioral heath services available to certain reservists and their dependents. The Department of Mental Health and Addiction Services, in collaboration with the Department of Children and Families, shall provide behavioral health services, on a transitional basis, for the dependents and any member of any reserve component of the armed forces of the United States who has been called to active service in the armed forces of this state or the United States for Operation Enduring Freedom or Operation Iraqi Freedom. Such transitional services shall be provided when no Department of Defense coverage for such services is available or such member is not eligible for such services through the Department of Defense, until an approved application is received from the federal Department of Veterans' Affairs and coverage is available to such member and such member's dependents.

      (P.A. 04-258, S. 34.)

      History: P.A. 04-258 effective July 1, 2004.

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      Sec. 17a-454. (Formerly Sec. 17-220). Acceptance of gift or devise by Commissioner of Mental Health and Addiction Services. The Commissioner of Mental Health and Addiction Services may accept and receive, on behalf of the Department of Mental Health and Addiction Services, any bequest or gift of personal property and, subject to the consent of the Governor and Attorney General as provided in section 4b-22, any devise or gift of real property made to the Department of Mental Health and Addiction Services, and may hold and use such property for the purposes, if any, specified in connection with such bequest, devise or gift.

      (1955, S. 1529d; P.A. 95-257, S. 11, 58.)

      History: Sec. 17-220 transferred to Sec. 17a-454 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-455. (Formerly Sec. 17-221). Acceptance of gift or devise on behalf of state-operated facility within the Department of Mental Health and Addiction Services. The Commissioner of Mental Health and Addiction Services may accept and receive, on behalf of any state-operated facility within the Department of Mental Health and Addiction Services, any bequest or gift of personal property and, subject to the consent of the Governor and Attorney General as provided in section 4b-22, any devise or gift of real property made to such facility, and may hold and use such property for the purposes, if any, specified in connection with such bequest, devise or gift.

      (1955, S. 1534d; 1957, P.A. 47; P.A. 75-603, S. 7, 15; P.A. 77-31; P.A. 95-257, S. 11, 58.)

      History: P.A. 75-603 replaced listing of specific facilities for which provisions are applicable with reference to any institution in department of mental health; P.A. 77-31 revised section so that commissioner has power to accept gifts, etc. rather than individual boards of trustees and replaced "institution" with "state-operated facility"; Sec. 17-221 transferred to Sec. 17a-455 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-455a. Lease of private residence for a person receiving services from the Department of Mental Health and Addiction Services. Notwithstanding any provision of the general statutes, the Commissioner of Mental Health and Addiction Services may, within available appropriations, enter into a lease or other rental agreement for an apartment, home or similar private residence on behalf of and for occupancy by a person receiving services from the Department of Mental Health and Addiction Services if the commissioner determines that such person is unable to lease or rent such apartment, home or similar private residence on such person's own behalf. Any such lease or rental agreement shall not exceed the fair market price for the area in which such apartment, home or similar private residence is located.

      (P.A. 01-64.)

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      Sec. 17a-456. (Formerly Sec. 17-207). Board of Mental Health and Addiction Services. (a) There shall be a Board of Mental Health and Addiction Services that shall consist of: (1) Nineteen members appointed by the Governor, subject to the provisions of section 4-9a, five of whom shall have had experience in the field of substance abuse, five of whom shall be from the mental health community, three of whom shall be physicians licensed to practice medicine in this state who have had experience in the field of psychiatry, two of whom shall be psychologists licensed to practice in this state, two of whom shall be persons representing families of individuals with psychiatric disabilities, and two of whom shall be persons representing families of individuals recovering from substance abuse problems; (2) the chairmen of the regional mental health boards established pursuant to section 17a-484; (3) one designee of each such board; (4) two designees from each of the five subregions represented by the substance abuse subregional planning and action councils established pursuant to section 17a-671; (5) one designee from each mental health region established pursuant to section 17a-478, each of whom shall represent individuals with psychiatric disabilities, selected by such regional mental health boards in collaboration with advocacy groups; and (6) one designee from each of the five subregions represented by such substance abuse subregional planning and action councils, each of whom shall represent individuals recovering from substance abuse problems, selected by such substance abuse subregional planning and action councils in collaboration with advocacy groups. The members of the board shall serve without compensation except for necessary expenses incurred in performing their duties. The members of the board may include representatives of nongovernment organizations or groups, and of state agencies, concerned with planning, operation or utilization of facilities providing mental health and substance abuse services, including consumers and providers of such services who are familiar with the need for such services, except that no more than half of the members of the board shall be providers of such services. Appointed members shall serve on the board for terms of four years each and members who are designees shall serve on the board at the pleasure of the designating authority. No appointed member of the board shall be employed by the state or be a member of the staff of any institution for which such member's compensation is paid wholly by the state. No appointed member may serve more than two successive terms plus the balance of any unexpired term to which such member has been appointed. A majority of the board shall constitute a quorum.

      (b) Whenever the term "Board of Mental Health" is used or referred to in the following sections of the general statutes, the term "Board of Mental Health and Addiction Services" shall be substituted in lieu thereof: 2c-2b, 17a-457, 17a-460, 17a-467, 17a-473, 17a-564.

      (1953, S. 1524d; 1957, P.A. 73; 650, S. 21; 652, S. 2; 1969, P.A. 212; 1972, P.A. 145, S. 5; P.A. 76-339, S. 4, 5; P.A. 81-473, S. 40, 43; P.A. 95-257, S. 13, 58; P.A. 00-101.)

      History: 1969 act increased number of members from seven to nine, added appointment provisions and established four-year terms; 1972 act limited number of terms members allowed to serve; P.A. 76-339 included as board member the chairmen of the regional mental health boards; P.A. 81-473 increased membership of board from fourteen to twenty and conformed board make-up to federal requirements for a mental health advisory body; Sec. 17-207 transferred to Sec. 17a-456 in 1991; P.A. 95-257 increased membership from ten to fifteen, specified five with substance abuse experience and five from mental health community, added Subdiv. (4) of Subsec. (a) re additional designees, changed the name of the board by adding "addiction services" and added Subsec. (b) re substitution of the new name, effective July 1, 1995; P.A. 00-101 amended Subsec. (a) by increasing the number of board members, adding provisions in Subdivs. (1) and (4) and new Subdivs. (5) and (6) specifying the additional appointees and designees, changing from mandatory to discretionary a provision re certain representatives included as board members, adding provisions re service of appointed members and members who are designees, and making conforming and technical changes.

      See title 2c re termination under "Sunset Law".

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      Sec. 17a-457. (Formerly Sec. 17-208a). Duties of board. (a) The Board of Mental Health and Addiction Services shall meet monthly with the Commissioner of Mental Health and Addiction Services to review with the commissioner and advise the commissioner on programs, policies and plans of the Department of Mental Health and Addiction Services.

      (b) The board shall advise the Governor concerning candidates for the position of Commissioner of Mental Health and Addiction Services.

      (c) The board may issue periodic reports to the Governor and the Commissioner of Mental Health and Addiction Services.

      (d) The board shall select a chairperson and other officers from its membership and may establish rules governing its internal procedures.

      (e) Members of the board may examine the files and records of the central office of the Department of Mental Health and Addiction Services at any time and, upon reasonable notice, of state-operated facilities for the treatment of persons with psychiatric disabilities or substance abuse disabilities.

      (f) The board shall advise and assist the Commissioner of Mental Health and Addiction Services on program development and community mental health or substance abuse center construction planning.

      (g) The board is designated and shall serve as the state advisory council to consult with the Department of Mental Health and Addiction Services in administering the state's mental health and substance abuse programs.

      (h) The board may, from time to time, appoint nonmembers to serve on such ad hoc advisory committees as it deems necessary to assist with its functions.

      (1972, P.A. 145, S. 6; P.A. 81-473, S. 41, 43; P.A. 95-257, S. 55, 58; P.A. 01-195, S. 136, 181.)

      History: P.A. 81-473 added Subsecs. (f), (g) and (h) empowering board to advise and assist commissioner on program development and community mental health center construction planning, designating board as state advisory council to consult with department, and permitting board to appoint nonmembers on ad hoc advisory committees; Sec. 17-208a transferred to Sec. 17a-457 in 1991; P.A. 95-257 replaced Board, Commission and Department of Mental Health with Board, Commission and Department of Mental Health and Addiction Services, replaced "mentally disordered" with "persons with psychiatric disabilities or substance abuse disabilities" in Subsec. (e) and added "substance abuse" to Subsecs. (f) and (g), effective July 1, 1995; P.A. 01-195 made technical changes for the purpose of gender neutrality in Subsecs. (a) and (d) and deleted "state" re Department of Mental Health and Addiction Services in Subsec. (g), effective July 11, 2001.

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      Sec. 17a-458. (Formerly Sec. 17-207a). Definitions. When used in this section and sections 17a-450, 17a-451, 17a-455, 17a-457, 17a-465, 17a-470, 17a-472, 17a-473 and 17a-475 unless otherwise expressly stated or unless the context otherwise requires:

      (a) "Persons with psychiatric disabilities" means those persons who are suffering from one or more mental disorders as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";

      (b) "Persons with substance abuse disabilities" means alcohol dependent persons, as that term is defined in subdivision (1) of section 17a-680, or drug dependent persons, as that term is defined in subdivision (7) of section 17a-680;

      (c) "State-operated facilities" means those hospitals or other facilities providing treatment for persons with psychiatric disabilities or for persons with substance abuse disabilities, or both, which are operated in whole or in part by the Department of Mental Health and Addiction Services. Such facilities include, but are not limited to, Capitol Region Mental Health Center, Connecticut Valley Hospital, Norwich Hospital, Fairfield Hills Hospital, the Connecticut Mental Health Center, the Franklin S. DuBois Center, Cedarcrest Regional Hospital, the Greater Bridgeport Community Mental Health Center, Blue Hills Hospital, Berkshire Woods Treatment Center, Eugene Boneski Treatment Center, and Dutcher Treatment Center, but shall not include those portions of such facilities transferred to the Department of Children and Families for the purpose of consolidation of children's services.

      (1972, P.A. 145, S. 1; P.A. 75-603, S. 1, 15; P.A. 76-339, S. 1, 5; P.A. 77-220, S. 1, 5; P.A. 78-70, S. 2; P.A. 82-154, S. 1, 2; P.A. 86-371, S. 17, 45; P.A. 87-225, S. 1; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; 93-427, S. 2, 6; P.A. 95-257, S. 16, 58.)

      History: P.A. 75-603 redefined "state-operated facilities" to specifically exclude treatment facilities for children transferred to children and youth services department, to delete High Meadows and to replace the Security Treatment Center with Whiting Forensic Institute; P.A. 76-339 included Ribicoff Research Center as state-operated facility; P.A. 77-220 added reference to Secs. 17-221 and 17-222, deleted Undercliff Mental Health Center as state-operated facility and added Cedarcrest Regional Hospital; P.A. 78-70 added reference to Sec. 17-215c; P.A. 82-154 deleted the Ribicoff Research Center from the list of state operated facilities in Subsec. (b); P.A. 86-371 amended definition of "state-operated facilities" to delete reference to Blue Hills Hospital, to revise name of Bridgeport Mental Health Center and to specifically exclude facilities transferred to alcohol and drug abuse commission; P.A. 87-225 changed the name of the DuBois Day Treatment Center to the Franklin S. DuBois Center; Sec. 17-207a transferred to Sec. 17a-458 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-381 replaced Connecticut alcohol and drug abuse commission with department of public health and addiction services, effective July 1, 1993; P.A. 93-427 redefined "state-operated facilities" to add the Capitol Region Mental Health Center, effective July 1, 1993; P.A. 95-257 replaced references to mental disorder with psychiatric disability, added Subsec. (b) re substance abuse disability and relettered the remaining Subsec. accordingly, deleted Whiting Forensic Institute in Subsec. (c) and added Blue Hills Hospital and Berkshire Woods, Eugene Boneski and Dutcher treatment centers, deleted reference to portions of facilities transferred to the former Department of Public Health and Addiction Services and replaced Department of Mental Health with Department of Mental Health and Addiction Services, effective July 1, 1995.

      Annotation to former section 17-207a:

      Subsec. (a):

      Cited. 41 CS 229, 242.

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      Sec. 17a-458a. Term "psychiatric disability" substituted for "mental illness". (a) Whenever the term "mental illness" is used or referred to in the following sections of the general statutes, the term "psychiatric disabilities" shall be substituted in lieu thereof: 17a-474, 17a-478, 17a-479, 17a-495, to 17a-508, inclusive, 17a-510 to 17a-513, inclusive, 17a-515, 17a-521, 17a-523, 17a-524, 17a-526, 17a-528, 17a-540 to 17a-543, inclusive, 17a-546, 17a-582, 17a-584, 17a-586 to 17a-588, inclusive, 17a-592, 17a-593, 17a-594, 17a-596 and 17a-599.

      (b) Whenever the term "mentally ill person" or "mentally ill persons" is used or referred to in the following sections of the general statutes, the term "person with psychiatric disabilities" or "persons with psychiatric disabilities", as the context requires, shall be substituted in lieu thereof: 17a-497 to 17a-501, inclusive, 17a-504, 17a-509, 17a-514 and 17a-580.

      (c) Whenever the term "state hospital for the mentally ill" is used in the following sections of the general statutes, the term "state hospital for persons with psychiatric disabilities" shall be substituted in lieu thereof: 17a-499, 17a-510 and 17a-517.

      (d) Whenever the term "mentally ill" is used or referred to in the following sections of the general statutes, the term "a person with psychiatric disabilities" shall be substituted in lieu thereof: 17a-514, 17a-593, 17a-594 and 17a-596.

      (e) Whenever the term "the mentally ill" is used or referred to in the following sections of the general statutes, the term "persons with psychiatric disabilities" shall be substituted in lieu thereof: 17a-469, 17a-474, 17a-475, 17a-479, 17a-499, 17a-501, 17a-510, 17a-521, 17a-522 and 17a-523.

      (f) Whenever the term "is mentally ill" is used or referred to in the following sections of the general statutes, the term "has psychiatric disabilities" shall be substituted in lieu thereof: 17a-497, 17a-498, 17a-502, 17a-503, 17a-504, 17a-508, 17a-526, 17a-566, 17a-569 and 17a-580.

      (g) Whenever the term "is not mentally ill" is used or referred to in the following sections of the general statutes, the term "does not have psychiatric disabilities" shall be substituted in lieu thereof: 17a-504, 17a-510, 17a-514 and 17a-580.

      (h) Whenever the term "be mentally ill" is used or referred to in the following sections of the general statutes, the term "have psychiatric disabilities" shall be substituted in lieu thereof: 17a-519, 17a-525, 17a-528 and 17a-567.

      (P.A. 95-257, S. 48, 58.)

      History: P.A. 95-257, S. 48 effective July 1, 1995.

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      Sec. 17a-459. (Formerly Sec. 17-209a). Connecticut Mental Health Center. The Connecticut Mental Health Center shall be a facility of the Department of Mental Health and Addiction Services and shall include the Connecticut Mental Health Center in New Haven and such satellite locations as the department may approve. The department shall operate the center in collaboration with Yale University under mutual agreement of the parties. The department may provide treatment at the center to adults, children or youth with psychiatric disabilities, substance abuse disabilities or both such disabilities. Admissions shall be within the control of the Commissioner of Mental Health and Addiction Services and no court may commit or transfer any person to or place or confine any person in the center without the approval of the commissioner or the commissioner's designee.

      (1963, P.A. 579, S. 1; P.A. 83-79, S. 1, 2; P.A. 95-257, S. 11, 58; June Sp. Sess. P.A. 99-2, S. 16, 72.)

      History: P.A. 83-79 precluded commitment or transfer of patients to the center without the approval of the commissioner or his designee; Sec. 17-209a transferred to Sec. 17a-459 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; June Sp. Sess. P.A. 99-2 added reference to the Connecticut Mental Health Center in New Haven and satellite locations the department approves of, added provision allowing department to provide treatment at the center to adults, children or youth with psychiatric disabilities, substance abuse or both and made technical changes, effective July 1, 1999.

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      Sec. 17a-460. (Formerly Sec. 17-209b). Center advisory board. The Connecticut Mental Health Center Advisory Board shall be composed of nine members. On or before July 1, 1973, and quadrennially thereafter, the Commissioner of Mental Health and Addiction Services, with the approval of the Board of Mental Health and Addiction Services, shall appoint five members of the advisory board for four-year terms and until their successors are appointed and have qualified to replace those whose terms expire. On or before July 1, 1975, and quadrennially thereafter, said commissioner, with the approval of the Board of Mental Health and Addiction Services, shall appoint four members of said advisory board for four-year terms and until their successors are appointed and have qualified to replace those whose terms expire. No member shall serve on said advisory board for more than two full consecutive terms. Two members of said board shall be nominated by Yale University, two members by the Yale-New Haven Hospital, Inc., and five members shall be appointed in the sole discretion of said commissioner. The advisory board shall cooperate with and advise and assist the director of the center in carrying out his duties. Upon his request, the advisory board shall advise the director in regard to policies and shall recommend on its own initiative policies and practices, which shall be considered at a duly called meeting of the advisory board.

      (1963, P.A. 579, S. 2; 1969, P.A. 44, S. 1; P.A. 95-257, S. 11, 13, 58.)

      History: 1969 act revised provisions to allow for staggered appointments, made all terms four years, limited terms which may be served to two full terms and added provisions re duties of board to cooperate with and advise the center director and to recommend policies and practices; Sec. 17-209b transferred to Sec. 17a-460 in 1991; P.A. 95-257 replaced Commissioner, Department and Board of Mental Health with Commissioner, Department and Board of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-460a. Connecticut Mental Health Center: Definitions. As used in sections 17a-460a to 17a-460f, inclusive:

      (1) "Commissioner" means the Commissioner of Mental Health and Addiction Services.

      (2) "Center" means the Connecticut Mental Health Center established pursuant to section 17a-459 and the Capital Region Mental Health Center.

      (June 18 Sp. Sess. P.A. 97-8, S. 46; P.A. 98-250, S. 37, 39.)

      History: P.A. 98-250 included Capitol Region Mental Health Center in definition of "center", effective July 1, 1998.

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      Sec. 17a-460b. Connecticut Mental Health Center: Participation authorized. (a) The center, when authorized by the commissioner, may participate in local, regional or state-wide provider networks, preferred provider organizations, physician-hospital organizations or other similar organizations.

      (b) Participation by the center in provider networks, preferred provider organizations, physician-hospital organizations or other similar organizations, when authorized by the commissioner, may include (1) membership in a network organization; (2) participation in network or organization contracts, cooperative agreements, and joint ventures; (3) participation in the governance of networks and organizations; and (4) payment of reasonable network or organization dues, fees and assessments.

      (June 18 Sp. Sess. P.A. 97-8, S. 47.)

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      Sec. 17a-460c. Connecticut Mental Health Center: Provider agreements. (a) The center, when authorized by the commissioner, may enter into provider agreements and other contractual arrangements with Medicaid and Medicare managed care plans, governmental health plans, health maintenance organizations, health insurance plans, employer and union health plans, preferred provider organizations, physician-hospital organizations, managed care plans, networks and other similar arrangements or plans offered by insurers, third-party payers or other entities offering health care plans to their members or employees and their dependents.

      (b) The agreements and other contractual arrangements identified in subsection (a) of this section may include plans and arrangements certified by the Department of Social Services, the Department of Mental Health and Addiction Services, or the federal Centers for Medicare and Medicaid Services, to provide services to Medicaid, Medicare, state-administered general assistance, Department of Mental Health and Addiction Services or Centers for Medicare and Medicaid Services beneficiaries, as well as private plans and arrangements satisfactory to the commissioner.

      (c) Participation in the agreements and other contractual arrangements identified in this section and approved by the commissioner shall not be subject to the review and approval of other state agencies except as otherwise required by law.

      (d) To the extent the commissioner permits, the center may bill and accept as reimbursement for services provided pursuant to the agreements and other contractual arrangements identified in this section negotiated rates, including rates based on charges, discounted charges, per diem or per case rates or other forms of reimbursement. Such reimbursement shall be subject to review or approval by the Secretary of the Office of Policy and Management based on demonstrated impact on federal reimbursement.

      (June 18 Sp. Sess. P.A. 97-8, S. 48; P.A. 03-19, S. 36; P.A. 04-76, S. 6.)

      History: P.A. 03-19 replaced "Health Care Financing Administration" with "Centers for Medicare and Medicaid Services" in Subsec. (b), effective May 12, 2003; P.A. 04-76 amended Subsec. (b) by replacing reference to "general assistance" with reference to "state-administered general assistance".

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      Sec. 17a-460d. Connecticut Mental Health Center: Other contracts. (a) Whenever the commissioner deems it appropriate and grants approval, the center may enter into contracts, agreements, leases, or other arrangements for the following: (1) The acquisition of commodities, goods, services and equipment; (2) office, clinic, laboratory or other needed space whether on or off the center's main campus; and (3) necessary capital expenditures.

      (b) Contracts, agreements, leases or other arrangements approved under this section by the commissioner shall not be subject to the review or approval of other state agencies or any other state-mandated purchasing or acquisition procedures, unless and to the extent the commissioner deems it necessary.

      (June 18 Sp. Sess. P.A. 97-8, S. 49.)

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      Sec. 17a-460e. Connecticut Mental Health Center: Authorized activities. The center may do the following, if approved by the commissioner as furthering the purposes of the center as set forth in section 17a-460b:

      (1) Employ or retain accountants, attorneys and architectural, engineering, financial and other consultants on a project basis, and fix their compensation;

      (2) Procure insurance, or obtain indemnification, against any loss in connection with the activities of the center;

      (3) Develop innovative solutions to patient care and service system problems;

      (4) Own, manage, and use real property or any interest in such property;

      (5) Purchase, receive by gift or otherwise, lease, exchange, or otherwise acquire and construct, reconstruct, improve, maintain, equip and furnish such mental health facilities as are required;

      (6) Accept gifts, grants or loans of funds, property or service from any source, public, quasi-public or private, and comply, subject to the provisions of section 17a-460b, with their respective terms and conditions; and

      (7) Accept from federal agencies or private sources loans or grants for use in carrying out its purposes and enter into agreements respecting any such loans or grants.

      (June 18 Sp. Sess. P.A. 97-8, S. 50.)

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      Sec. 17a-460f. Connecticut Mental Health Center: Accounting. With the approval of the commissioner, the center shall establish rules and criteria for determining whether any of the center's accounts receivable shall be treated as uncollectible. Such rules and criteria shall be fully consistent with customary hospital accounting practices consistently applied. The center shall determine, in accordance with such rules and criteria, which of the accounts receivable of the center shall be so treated. Upon the commissioner's approval, a determination by the center made in accordance with such rules and criteria that an account receivable shall be treated as uncollectible shall be conclusive and the center shall not be required to pursue further collection procedures.

      (June 18 Sp. Sess. P.A. 97-8, S. 51.)

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      Sec. 17a-461. (Formerly Sec. 17-209c). Charges for care. The same persons and estates as are legally liable for support of patients in state humane institutions shall be liable for support of patients in said center, in accordance with ability to pay, and the Commissioner of Administrative Services shall make the determination of such ability, in accordance with section 4a-12 and subsection (b) of section 17-295 except that, in the case of any patient who receives inpatient or day-hospital care and treatment in the research facility of the Connecticut Mental Health Center, where the primary purpose of such care and treatment is participation in a research protocol approved through established review mechanisms, as defined in memoranda of agreement and contracts between the state and Yale University, the provisions of said sections 4a-12 and 17b-223 which establish the liability of such persons and estates shall not apply.

      (1963, P.A. 579, S. 3; 1967, P.A. 314, S. 4; P.A. 77-614, S. 70, 610; P.A. 78-141, S. 1, 2; P.A. 87-421, S. 4, 13.)

      History: 1967 act gave commissioner of finance and control power to determine charges "in consultation with" the commissioner of mental health in lieu of former mere power of subsequent approval; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 78-141 added exception for cases where care and treatment is part of research protocol; P.A. 87-421 added language on determination of ability to pay in accordance with Sec. 4-68a and Subsec. (b) of Sec. 17-295 and deleted provision whereby administrative services commissioner in consultation with mental health commissioner, determines maximum rate charged for patients' care in center; Sec. 17-209c transferred to Sec. 17a-461 in 1991.

      See Sec. 17b-745 re issuance of court order for support of persons supported by state and wage executions.

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      Sec. 17a-462. (Formerly Sec. 17-209g). Capitol Region Mental Health Center. Section 17a-462 is repealed, effective July 1, 1993.

      (P.A. 75-479, S. 20, 25; 75-523, S. 7, 8; P.A. 93-427, S. 5, 6.)

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      Sec. 17a-463. (Formerly Sec. 17-212a). Fairfield Hills Hospital. Greenwich House property transferred. The building presently known as Greenwich House at Fairfield Hills Hospital shall be transferred from the Department of Children and Families to the Department of Mental Health and Addiction Services together with certain real property the precise boundaries of which shall be agreed upon by the commissioners of said departments.

      (P.A. 78-209, S. 2, 3; P.A. 80-134; P.A. 93-91, S. 1, 2; P.A. 95-257, S. 11, 58.)

      History: P.A. 80-134 transferred Greenwich house and other property from department of children and youth services to department of mental health, the original possessor of the property before its transfer to department of children and youth services; Sec. 17-212a transferred to Sec. 17a-463 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-464. (Formerly Sec. 17-209h). Ribicoff Research Center. The Ribicoff Research Center is established and shall be operated by the Department of Mental Health and Addiction Services as a facility with state-wide responsibility for research in mental health or substance abuse, or both, to include, but not be limited to, the following areas: Neurochemistry, neurophysiology, clinical behavior and clinical evaluation.

      (P.A. 76-147, S. 1-3; P.A. 84-7, S. 2, 3; P.A. 95-257, S. 29, 58.)

      History: P.A. 84-7 deleted Subsec. (b) and (c) concerning the research advisory council to the Ribicoff Research Center; Sec. 17-209h transferred to Sec. 17a-464 in 1991; P.A. 95-257 replaced Department of Mental Health with Department of Mental Health and Addiction Services and authorized research in substance abuse, effective July 1, 1995.

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      Sec. 17a-465. (Formerly Sec. 17-222). Traffic regulation on grounds of Department of Mental Health and Addiction Services institutions. The superintendent or director of any state-operated facility within the Department of Mental Health and Addiction Services, subject to the approval of the Commissioner of Mental Health and Addiction Services and the State Traffic Commission, may prohibit, limit, restrict or regulate the parking of vehicles, may determine speed limits, may restrict roads or portions thereof to one-way traffic and may designate the location of crosswalks on any portion of any road or highway upon the grounds of the respective facilities, and may erect and maintain signs designating such prohibitions or restrictions. Security officers or institutional patrolmen appointed to act as state policemen on state institution grounds under the provisions of section 29-18 may arrest or issue summons for violation of such restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than twenty-five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town in which such facility is located shall have jurisdiction over violations of this section.

      (1951, S. 1519d; 1959, P.A. 451; 1963, P.A. 279; P.A. 77-454; P.A. 95-257, S. 11, 58.)

      History: 1959 act extended application of statute from Connecticut Valley Hospital to any institution in department of mental health, added requirement for approval by commissioner of mental health, granted authority to regulate parking of vehicles, added provision re arrest or summons for violation, raised maximum fine from one to five dollars and placed jurisdiction in court in town where institution is located; 1963 act added provision re jurisdiction of traffic or parking authority; P.A. 77-454 replaced "institutions" with "state-operated facilities", included directors of facilities in provisions and increased fine levied from five to twenty-five-dollar maximum; Sec. 17-222 transferred to Sec. 17a-465 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-465a. (Formerly Sec. 19a-5c). Traffic restrictions on grounds of facility. Penalty. The superintendent of Blue Hills Hospital, subject to the approval of the Commissioner of Mental Health and Addiction Services and the State Traffic Commission, may prohibit, limit, restrict or regulate the parking of vehicles, may determine speed limits, may restrict roads or portions thereof to one-way traffic and may designate the location of crosswalks on any portion of any road or highway upon the grounds of such facility, and may erect and maintain signs designating such prohibitions or restrictions. Security officers or institutional patrol appointed to act as state police officers on state institution grounds under the provisions of section 29-18 may arrest or issue summons for violation of such restrictions or prohibitions. Any person who fails to comply with any such prohibition or restriction shall be fined not more than twenty-five dollars, and the court or traffic or parking authority having jurisdiction of traffic or parking violations in the town in which such facility is located shall have jurisdiction over violations of this section.

      (P.A. 86-371, S. 40, 45; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 5, 58.)

      History: Sec. 17-155pp transferred to Sec. 17a-642 in 1991; P.A. 93-381 replaced executive director of Connecticut alcohol and drug abuse commission with commissioner of public health and addiction services, effective July 1, 1993; Sec. 17a-642 transferred to Sec. 19a-5c 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; Sec. 19a-5c transferred to Sec. 17a-465a in 1997.

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      Sec. 17a-466. (Formerly Sec. 17-211a). Contract for services for patients or former patients of department institutions. The Commissioner of Mental Health and Addiction Services may contract with any public or private agency, including a general hospital and a public health nursing agency, for services for patients or former patients of institutions of the Department of Mental Health and Addiction Services, including, but not limited to, laboratory tests, outpatient clinic services and examinations of, and public health nursing services to, discharged and paroled patients, and may, with the approval of the Commissioner of Administrative Services, contract for the services, on a full-time basis, of professional specialists whose services the Commissioner of Mental Health and Addiction Services is unable to obtain through procedures under chapter 67.

      (1969, P.A. 682; 1971, P.A. 153; P.A. 77-614, S. 124, 610; P.A. 95-257, S. 11, 58.)

      History: 1971 act included contracts with public health nursing agencies for services performed by them; P.A. 77-614 required approval of commissioner of administrative services, rather than of personnel commissioner and personnel policy board, for contracts; Sec. 17-211a transferred to Sec. 17a-466 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-467. (Formerly Sec. 17-211b). Regulations re private treatment of patients in state hospitals. Payment for treatment. (a) The Commissioner of Mental Health and Addiction Services, with the approval of the State Board of Mental Health and Addiction Services, shall promulgate regulations under which any physician or psychiatrist licensed to practice in this state may conduct private treatment of any of his patients who have been admitted to any of the facilities of the Department of Mental Health and Addiction Services. Any such private treatment carried out in any of said facilities shall be conducted jointly with the staff of the facility and shall be subject to the approval of the superintendent or director of the facility who shall retain ultimate responsibility for the care and treatment of all patients under his control.

      (b) Any patient, or the family or guardian of, or any other person having legal responsibility for, such patient who, while such patient is in a facility of the Department of Mental Health and Addiction Services, engages the private services of a physician or psychiatrist under subsection (a) of this section shall be responsible for and pay all fees and other charges of such physician or psychiatrist for such services. If the superintendent or director of a facility of the Department of Mental Health and Addiction Services gives his consent for a patient, under his care, to obtain and receive any such private treatment while the patient is in the facility, such consent shall not confer any responsibility or otherwise impose any liability on the department or on any other state department or agency for the treatment, fees or other charges of any such physician or psychiatrist.

      (1969, P.A. 476, S. 1, 2; P.A. 95-257, S. 11, 13, 58.)

      History: Sec. 17-211b transferred to Sec. 17a-467 in 1991; P.A. 95-257 replaced Commissioner, Department and Board of Mental Health with Commissioner, Department and Board of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-468. (Formerly Sec. 17-211c). Contracts with private agencies for halfway house handling of patients. The Commissioner of Mental Health and Addiction Services may contract with any private, nonprofit agency for the handling of patients within a halfway house setting.

      (1972, P.A. 10, S. 1; P.A. 95-57, S. 11, 58.)

      History: Sec. 17-211c transferred to Sec. 17a-468 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-468a. Provision of subsidies to persons requiring supervised living arrangements. The Commissioner of Mental Health and Addiction Services may, within available appropriations, provide subsidies to persons receiving services from the Department of Mental Health and Addiction Services who require supervised living arrangements.

      (P.A. 99-202.)

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      Sec. 17a-468b. Residences for adults with acquired brain injuries. Administration of medication. (a) For the purposes of this section, "residence for adult persons with acquired brain injuries" means a community-based residence (1) exclusively serving adult persons with acquired brain injuries, (2) funded or operated by the Department of Mental Health and Addiction Services, and (3) that provides rehabilitation and other support services for persons with acquired brain injuries requiring assistance to live in the community.

      (b) Notwithstanding the provisions of chapters 368v and 368z, community-based organizations may operate residences for adult persons with acquired brain injuries on a pilot basis until October 1, 2005. Notwithstanding the provisions of chapter 378, medication may be administered to persons residing in such residences by trained persons pursuant to the written order of a physician licensed under chapter 370, a dentist licensed under chapter 379, an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a, or a physician assistant licensed to prescribe in accordance with section 20-12d. The Commissioner of Public Health, in consultation with the Commissioner of Mental Health and Addiction Services, shall develop standards for the operation of such residences and the training required of persons authorized under this section to administer medications in such residences.

      (June 30 Sp. Sess. P.A. 03-3, S. 12.)

      History: June 30 Sp. Sess. P.A. 03-3 effective August 20, 2003.

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      Sec. 17a-469. (Formerly Sec. 17-224). Psychiatric clinics and day treatment programs. Each state-operated facility for persons with psychiatric disabilities may establish psychiatric clinics and day treatment programs for adult persons, including those who are or have been committed pursuant to a Probate Court order. The Commissioner of Administrative Services shall determine financial liability for services in such psychiatric clinics and day treatment programs, and the same persons and estates as are legally liable for support of patients in state humane institutions shall be liable for payment in accordance with section 4a-12 and subsection (b) of section 17b-223.

      (1949 Rev., S. 2702; February, 1965, P.A. 211; 1967, P.A. 314, S. 5; P.A. 75-603, S. 8, 15; P.A. 77-614, S. 70, 610; P.A. 79-19; P.A. 87-421, S. 5, 13; P.A. 95-257, S. 48, 58.)

      History: 1965 act added minor persons to purview of statute; 1967 act authorized day treatment programs and added provisions re establishment of sliding scale of charges and liability for payment of charges; P.A. 75-603 deleted reference to programs for minors; P.A. 77-614 replaced commissioner of finance and control with commissioner of administrative services; P.A. 79-19 replaced "state hospital for mental illness" with "state-operated facility for the mentally ill" and "under legal control of mental hospitals" with "committed pursuant to a probate court order" and made provision of clinics and day treatment programs optional rather than mandatory; P.A. 87-421 added reference to payment "in accordance with Sec. 4-68a and Subsec. (b) of Sec. 17-295" and deleted reference to sliding scale of charges established in consultation with mental health commissioner; Sec. 17-224 transferred to Sec. 17a-469 in 1991; P.A. 95-257 replaced "the mentally ill" with "persons with psychiatric disabilities", effective July 1, 1995.

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      Sec. 17a-470. (Formerly Sec. 17-213a). Advisory boards for state hospitals and facilities. Each state hospital, state-operated facility or the Whiting Forensic Division of the Connecticut Valley Hospital for the treatment of persons with psychiatric disabilities or persons with substance abuse disabilities, or both, except the Connecticut Mental Health Center, may have an advisory board appointed by the superintendent or director of the facility for terms to be decided by such superintendent or director. In any case where the present number of members of an advisory board is less than the number of members designated by the superintendent or director of the facility, he shall appoint additional members to such board in accordance with this section in such manner that the terms of an approximately equal number of members shall expire in each odd-numbered year. The superintendent or director shall fill any vacancy that may occur for the unexpired portion of any term. No member may serve more than two successive terms plus the balance of any unexpired term to which he had been appointed. The superintendent or director of the facility shall be an ex-officio member of the advisory board. Each member of an advisory board of a state-operated facility within the Department of Mental Health and Addiction Services assigned a geographical territory shall be a resident of the assigned geographical territory. Members of said advisory boards shall receive no compensation for their services but shall be reimbursed for necessary expenses involved in the performance of their duties. At least one-third of such members shall be from a substance abuse subregional planning and action council established pursuant to section 17a-671, and at least one-third shall be members of the catchment area councils, as provided in section 17a-483, for the catchment areas served by such facility, except that members serving as of October 1, 1977, shall serve out their terms.

      (1972, P.A. 145, S. 9; P.A. 76-435, S. 56, 82; P.A. 77-83; P.A. 80-2, S. 1, 2; P.A. 81-473, S. 7, 43; P.A. 84-7, S. 1, 3; P.A. 95-257, S. 17, 58.)

      History: P.A. 76-435 replaced "security treatment center" with "Whiting Forensic Institute"; P.A. 77-83 required that one-third of members of board be members of catchment area councils except that present members to serve out their terms; P.A. 80-2 excepted Dubois Day Treatment Center from requirement for fifteen-member institution advisory board and revised provisions to reflect completion of transition from boards of trustees to advisory boards and added Subsec. (b) containing special provisions for Dubois Day Treatment Center; P.A. 81-473 eliminated the requirement that each state hospital or facility for the treatment of the mentally disordered have an advisory board of fifteen members appointed by the commissioner and provided for optional appointment of such boards by the superintendent or director of the hospital or facility and deleted Subsec. (b) which had established a seven-member advisory board for the Dubois Day Treatment Center; P.A. 84-7 excepted the Connecticut Mental Health Center and the Whiting Forensic Institute from the requirement that each state facility for the mentally disordered have an advisory board; Sec. 17-213a transferred to Sec. 17a-470 in 1991; P.A. 95-257 changed name of Whiting Forensic Institute to Whiting Forensic Division, and included it in facilities authorized to have an advisory board, required at least one-third of board members to be from a substance abuse subregional planning and action council and replaced Department of Mental Health with Department of Mental Health and Addiction Services, effective July 1, 1995.

      See title 2c re termination under "Sunset Law".

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      Sec. 17a-471. (Formerly Sec. 17-214a). Duties of advisory boards. Any advisory board established pursuant to section 17a-470 shall: Meet with the superintendent or director of the facility periodically to advise him on the programs and policies of the facility; act as a liaison between its facility and the residents of the facility's assigned geographic territory and the state of Connecticut to inform them of the programs and policies of the facility; and issue reports to the Governor and Commissioner of Mental Health and Addiction Services on conditions at the facility and recommendations for changes or improvements in the facility.

      (1972, P.A. 145, S. 10; P.A. 81-473, S. 8, 43; P.A. 95-257, S. 11, 58.)

      History: P.A. 81-473 restated provisions, deleting Subsec. indicators previously in existence; Sec. 17-214a transferred to Sec. 17a-471 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-471a. Connecticut Valley Hospital: Development of policies and standards for resident clients and placement of discharged clients; advisory council. (a) The Commissioner of Mental Health and Addiction Services, in consultation and coordination with the advisory council established under subsection (b) of this section, shall develop policies and set standards related to clients residing on the Connecticut Valley Hospital campus and to the placement of clients discharged from the hospital into the adjacent community. Any such policies and standards shall assure that no discharge of any client admitted to Whiting Forensic Division under commitment by the Superior Court or transfer from the Department of Correction shall take place without full compliance with sections 17a-511 to 17a-524, inclusive, 17a-566 to 17a-575, inclusive, 17a-580 to 17a-603, inclusive, and 54-56d.

      (b) There is established a Connecticut Valley Hospital Advisory Council to advise the Commissioner of Mental Health and Addiction Services on policies concerning, but not limited to, building use, security, clients residing on the campus and the placement of clients discharged from the campuses into the adjacent community. The advisory council shall periodically review the implementation of the policies and standards established by the commissioner in consultation with the advisory council. The council shall be composed of six members appointed by the mayor of Middletown, six members appointed by the Commissioner of Mental Health and Addiction Services and one member who shall serve as chairperson appointed by the Governor.

      (P.A. 95-257, S. 4, 58.)

      History: P.A. 95-257, S. 4 effective July 1, 1995.

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      Sec. 17a-471b. Fairfield Hills Hospital oversight committee. (a) There is established an implementation oversight committee to oversee the future use of the Fairfield Hills campus and facilities. The committee shall be within the Office of Policy and Management for administrative purposes only. The committee shall be composed of the following: A representative of the Office of Policy and Management, who shall be appointed by the Governor; a representative of the Department of Mental Health and Addiction Services, who shall be appointed by the president pro tempore of the Senate; a representative of the Department of Agriculture, who shall be appointed by the majority leader of the Senate; a representative of the Department of Economic and Community Development, who shall be appointed by the minority leader of the Senate; a representative from the town of Newtown who shall be appointed by the speaker of the House of Representatives; a member of the regional planning agency for the Housatonic Valley, who shall be appointed by the majority leader of the House of Representatives; and a state representative representing the affected area, who shall be appointed by the minority leader of the House of Representatives.

      (b) The committee shall (1) oversee the use of the campus in an expeditious and efficient manner, (2) consult with the Office of Policy and Management to ensure that future uses of the properties meet the social, economic, and environmental needs and concerns of the surrounding communities, the region as a whole, and the economic needs of the state and (3) provide a forum for addressing the issues, needs and concerns of the users of the facilities located on the campus.

      (P.A. 95-250, S. 1; 95-257, S. 2, 58; P.A. 96-211, S. 1, 5, 6; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)

      History: P.A. 95-257, S. 2 effective July 1, 1995 (Revisor's note: P.A. 95-250 and P.A. 96-211 authorized substitution of "Department of Economic and Community Development" for "Department of Economic Development"); June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      See Sec. 4-38f for definition of "administrative purposes only".

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      Sec. 17a-471c. Norwich Hospital oversight committee. (a) There is established an implementation oversight committee to oversee the future use of the Norwich Hospital campus and facilities. The committee shall be within the Office of Policy and Management for administrative purposes only. The committee shall be composed of the following: A representative of the Office of Policy and Management, who shall be appointed by the Governor; a representative of the Department of Mental Health and Addiction Services, who shall be appointed by the president pro tempore of the Senate; a representative of the Department of Agriculture, who shall be appointed by the majority leader of the Senate; a representative of the Department of Economic and Community Development, who shall be appointed by the minority leader of the Senate; a representative from the town of Norwich, who shall be appointed by the speaker of the House of Representatives; a member of the regional council of governments, who shall be appointed by the majority leader of the House of Representatives; and a state representative representing the affected area, who shall be appointed by the minority leader of the House of Representatives.

      (b) The committee shall (1) oversee the use of the campus in an expeditious and efficient manner, (2) consult with the Office of Policy and Management to ensure that future uses of the properties meet the social, economic, and environmental needs and concerns of the surrounding communities, the region as a whole, and the economic needs of the state and (3) provide a forum for addressing the issues, needs and concerns of the users of the facilities located on the campus.

      (P.A. 95-250, S. 1; 95-257, S. 3, 58; P.A. 96-211, S. 1, 5, 6; June 30 Sp. Sess. P.A. 03-6, S. 146(f); P.A. 04-189, S. 1.)

      History: P.A. 95-257, S. 3 effective July 1, 1995 (Revisor's note: P.A. 95-250 and P.A. 96-211 authorized substitution of "Department of Economic and Community Development" for "Department of Economic Development"); June 30 Sp. Sess. P.A. 03-6 replaced Department of Agriculture with Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-189 repealed Sec. 146 of June 30 Sp. Sess. P.A. 03-6, thereby reversing the merger of the Departments of Agriculture and Consumer Protection, effective June 1, 2004.

      See Sec. 4-38f for definition of "administrative purposes only".

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      Sec. 17a-472. (Formerly Sec. 17-215a). Appointment and removal of facility superintendents and directors. Except as otherwise provided, the Commissioner of Mental Health and Addiction Services shall appoint and remove (1) the superintendents and directors of state-operated facilities and divisions constituting the Department of Mental Health and Addiction Services and (2) the director of the Whiting Forensic Division of Connecticut Valley Hospital, who shall report to the director of forensic services and shall have as his sole responsibility the administration of the Whiting Forensic Division. Each superintendent or director shall be a qualified person with experience in health, hospital or mental health administration.

      (1972, P.A. 145, S. 7; P.A. 95-257, S. 54, 58.)

      History: Sec. 17-215a transferred to Sec. 17a-472 in 1991; P.A. 95-257 replaced Commissioner of Mental Health with Commissioner of Mental Health and Addiction Services and added Subdiv. (2) re Whiting Forensic Division, effective July 1, 1995.

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      Sec. 17a-473. (Formerly Sec. 17-215b). Duties of superintendents and directors. (a) Each superintendent or director of a state-operated facility shall cooperate and coordinate with community programs in establishing the facility's policies and procedures concerning program planning and development, patient admissions, rehabilitation and follow-up services.

      (b) Subject to the standards established by the Commissioner of Mental Health and Addiction Services for the operation of state-operated facilities constituting the Department of Mental Health and Addiction Services for the treatment of persons with psychiatric disabilities or persons with substance abuse disabilities, or both, each superintendent or director of such a facility shall be in charge of its day-to-day operations.

      (c) Each superintendent or director of such a facility shall meet periodically with the advisory board to the facility, if so established pursuant to section 17a-470, with representatives from community programs receiving state funds and, at least annually, with the commissioner and the Board of Mental Health and Addiction Services.

      (1972, P.A. 145, S. 8; P.A. 77-25; P.A. 81-473, S. 9, 43; P.A. 95-257, S. 11, 13, 58; P.A. 99-234, S. 3.)

      History: P.A. 77-25 deleted reference to "divisions" of mental health department and specified applicability of provisions to superintendents or directors of state-operated facilities; P.A. 81-473 amended Subsec. (c) to reflect the change to optional facility advisory boards; Sec. 17-215b transferred to Sec. 17a-473 in 1991; P.A. 95-257 replaced Commissioner, Department and Board of Mental Health with Commissioner, Department and Board of Mental Health and Addiction Services, effective July 1, 1995; P.A. 99-234 replaced reference to "mentally disordered" persons with "persons with psychiatric disabilities or persons with substance abuse disabilities, or both.".

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      Sec. 17a-474. (Formerly Sec. 17-229a). Release and transfer of inmates of humane institutions. Whenever any person has been committed by any court to any state hospital for persons with psychiatric disabilities or other humane institution, the Commissioner of Mental Health and Addiction Services or the Commissioner of Children and Families, as the case may be, or any person interested may, at any time thereafter, make application to the court making the order of commitment for a revocation or modification of such order or of the terms and conditions thereof. Such court shall thereupon order such notice of the time and place of hearing thereon as it deems advisable, shall hear and determine such application and may thereupon revoke, modify or affirm such order, and the action of the court thereon shall be subject to appeal as in other cases. Any inmate of a state institution for persons with psychiatric disabilities or for epileptic or mentally retarded may be transferred to any other state institution for persons with psychiatric disabilities or for epileptic or mentally retarded by order of the court making the original commitment of such inmate, upon application in writing by the superintendent of the institution from which such transfer is to be made. Such court shall transmit copies of such order forthwith to the Commissioner of Mental Health and Addiction Services or the Commissioner of Children and Families, as the case may be, and the institution from which transfer is made shall pay all costs of such order and transfer. Said commissioner may at any time cause an inmate of one state hospital for persons with psychiatric disabilities to be removed to another state hospital for persons with psychiatric disabilities, as the circumstances or necessities of the case may require.

      (1949 Rev., S. 2666; 1955, S. 1503d; 1959, P.A. 324; 1967, P.A. 656, S. 14; P.A. 75-603, S. 10, 15; P.A. 77-614, S. 323, 610; P.A. 93-91, S. 1, 2; 93-381, S. 9, 39; P.A. 95-257, S. 48, 53, 58.)

      History: 1959 act substituted mental health commissioner for welfare commissioner; Sec. 17-15 transferred to Sec. 17-229a in 1966; 1967 act added "or commissioner of health"; P.A. 75-603 included commissioner of children and youth services in provisions; P.A. 77-614 replaced commissioner of health with commissioner of health services, effective January 1, 1979; Sec. 17-229a transferred to Sec. 17a-474 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 93-381 substituted commissioner and department of public health and addiction services for commissioner and department of health services, effective July 1, 1993; P.A. 95-257 replaced variants of term "mental illness" with "psychiatric disabilities" and replaced Mental Health Commissioner with Mental Health and Addiction Services Commissioner, effective July 1, 1995 (Revisor's note: References to "Mental Health and Addiction Services Commissioner" were replaced editorially by the Revisors with "Commissioner of Mental Health and Addiction Services" for consistency with customary statutory usage).

      See Sec. 17a-451 re duties of Commissioner of Mental Health and Addiction Services.

      See Sec. 17a-510 re procedure for release or transfer of patient in a hospital for the mentally ill.

      Annotation to former section 17-229a:

      Cited. 173 C. 473, 485.

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      Sec. 17a-475. (Formerly Sec. 17-215c). Written policy re treatment plans. Each state-operated facility for persons with psychiatric disabilities shall develop a written policy detailing requirements for individual patient treatment plans and methods for patient evaluation. A committee of at least three members of the facility's medical personnel shall be appointed by the head of such facility for the purpose of reviewing such treatment plans and patient evaluations. Such review shall include, but not be limited to, an evaluation of medication being administered at such facility. The purposes of this section shall be carried out within the budget limits of each such facility.

      (P.A. 78-70, S. 1; P.A. 95-257, S. 48, 58.)

      History: Sec. 17-215c transferred to Sec. 17a-475 in 1991; P.A. 95-257 substituted "persons with psychiatric disabilities" for "the mentally ill", effective July 1, 1995.

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      Sec. 17a-475a. Medical services for women in state-operated facilities. The Commissioners of Mental Health and Addiction Services and Mental Retardation shall provide mammographic and pelvic examinations, as needed, according to the standards set by the American College of Obstetricians and Gynecology, to patients being cared for in state-operated facilities, as defined in subsection (c) of section 17a-458, or in any institution or facility operated by the Department of Mental Retardation.

      (P.A. 03-40, S. 2.)

      History: P.A. 03-40 effective May 23, 2003.

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      Sec. 17a-476. (Formerly Sec. 17-226b). Grants to general hospitals, municipalities and nonprofit organizations for mental health services. (a) Any general hospital, municipality or nonprofit organization in Connecticut may apply to the Department of Mental Health and Addiction Services for funds to establish, expand or maintain psychiatric or mental health services. The application for funds shall be submitted on forms provided by the Department of Mental Health and Addiction Services, and shall be accompanied by (1) a definition of the towns and areas to be served; (2) a plan by means of which the applicant proposes to coordinate its activities with those of other local agencies presently supplying mental health services or contributing in any way to the mental health of the area; (3) a description of the services to be provided, and the methods through which these services will be provided; and (4) indication of the methods that will be employed to effect a balance in the use of state and local resources so as to foster local initiative, responsibility and participation. In accordance with subdivision (4) of section 17a-480 and subdivisions (1) and (2) of subsection (a) of section 17a-484, the regional mental health board shall review each such application with the Department of Mental Health and Addiction Services and make recommendations to the department with respect to each such application.

      (b) Upon receipt of the application with the recommendations of the regional mental health board and approval by the Department of Mental Health and Addiction Services, the department shall grant such funds by way of a contract or grant-in-aid within the appropriation for any annual fiscal year. No funds authorized by this section shall be used for the construction or renovation of buildings.

      (c) The Commissioner of Mental Health and Addiction Services may adopt regulations, in accordance with the provisions of chapter 54, concerning minimum standards for eligibility to receive said state contracted funds and any grants-in-aid. Any such funds or grants-in-aid made by the Department of Mental Health and Addiction Services for psychiatric or mental health services shall be made directly to the agency submitting the application and providing such service or services.

      (February, 1965, P.A. 501, S. 1, 2; 1967, P.A. 716, S. 5; P.A. 74-224, S. 5, 8; P.A. 75-563, S. 7, 14; P.A. 78-166, S. 1, 6; P.A. 88-357, S. 1; P.A. 95-257, S. 11, 58; June 18 Sp. Sess. P.A. 97-8, S. 3, 88; P.A. 03-278, S. 58.)

      History: 1967 act related the section to new Sec. 17-226a, requiring the approval of the appropriate regional mental health council, added prohibition of use of funds for the renovation of buildings and added Subsec. (c); P.A. 74-224 replaced regional mental health council with regional mental health board and referred to annual appropriations rather than biennial appropriations; P.A. 75-563 required that applications for funds to mental health department be made through regional mental health director in Subsec. (a); P.A. 78-166 included applications by general hospitals in Subsec. (a) and specified that funds to be for psychiatric or mental health services; P.A. 88-357 authorized municipalities to apply for funds in Subsec. (a); Sec. 17-226b transferred to Sec. 17a-476 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 amended Subsecs. (b) and (c) by adding reference to contracts and grants-in-aid, and made technical changes reflecting the elimination of mental health regions, effective July 1, 1997; P.A. 03-278 made technical changes in Subsec. (a), effective July 9, 2003.

      See chapter 54 re uniform administrative procedure.

      See Sec. 17a-478 re establishment of mental health regions.

      See Sec. 17a-482 for applicable definitions.

      See Sec. 17a-484 re regional mental health boards.

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      Sec. 17a-477. Transferred to Chapter 319j, Sec. 17a-666.

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      Sec. 17a-478. (Formerly Sec. 17-226e). Mental health regions established. The Commissioner of Mental Health and Addiction Services shall designate mental health regions within the state. Such regions and boundaries thereof may be redesignated by said commissioner as he deems necessary. For the purposes of sections 17a-476 and 17a-478 to 17a-480, inclusive, "community mental health services" means comprehensive services, both medical and nonmedical, designed to (1) decrease the prevalence and incidence of psychiatric disabilities, emotional disturbance and social disfunctioning, and (2) promote mental health in individuals, groups and institutions and includes, but is not limited to, the following: Outreach and case finding, inpatient treatment, outpatient treatment, partial hospitalization, diagnosis and screening, aftercare and rehabilitation, education, consultation, emergency services, research, evaluation, training and services to the courts. The Commissioner of Mental Health and Addiction Services may enter into such contracts for services as may be required to carry out the provisions of subsection (a) of section 17a-476, sections 17a-478 to 17a-480, inclusive, and sections 17a-482 to 17a-484, inclusive.

      (P.A. 74-224, S. 1, 8; P.A. 75-563, S. 1, 14; P.A. 76-435, S. 57, 82; P.A. 78-166, S. 2, 6; P.A. 82-198, S. 1, 7; P.A. 90-209, S. 20; P.A. 95-257, S. 11, 48, 58; June 18 Sp. Sess. P.A. 97-8, S. 4, 88.)

      History: P.A. 75-563 clarified provisions re establishment of mental health service regions and duration of regional directors' service and gave mental health commissioner power to make contracts for services; P.A. 76-435 clarified contract power by listing sections specifically applicable rather than referring to "this chapter"; P.A. 78-166 deleted reference to repealed Sec. 17-226; P.A. 82-198 changed mental health service region to mental health region, revising region director's title accordingly; P.A. 90-209 deleted reference to repealed Sec. 17-226d; Sec. 17-226e transferred to Sec. 17a-478 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and "mental illness" with "psychiatric disabilities", effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 deleted provisions re mental health regions, effective July 1, 1997.

      See Sec. 17a-482 for applicable definitions.

      See Sec. 17a-484 re regional mental health boards.

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      Sec. 17a-479. (Formerly Sec. 17-226f). Purposes of mental health regions. The purpose of the mental health regions shall be to establish a system of regionalized services for care and treatment of persons with psychiatric disabilities; to provide other community mental health services for the maintenance of mental health and the prevention of psychiatric disabilities in addition to those services already available, to recommend contracts to be made by the Commissioner of Mental Health and Addiction Services for services from providers of mental health services, including private agencies and other state or municipal agencies; and to provide or arrange for grants for demonstration and pilot programs, research, education and training.

      (P.A. 74-224, S. 2, 8; P.A. 75-563, S. 2, 14; P.A. 95-257, S. 11, 48, 58.)

      History: P.A. 75-563 changed regions' purpose to "arrange" contracts "through" mental health commissioner to purpose to "recommend" contracts "to be made by" commissioner; Sec. 17-226f transferred to Sec. 17a-479 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and "mental illness" variants with "psychiatric disabilities" variants, effective July 1, 1995.

      See Sec. 17a-478 re establishment of mental health regions.

      See Sec. 17a-482 for applicable definitions.

      See Sec. 17a-484 re regional mental health boards.

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      Sec. 17a-480. (Formerly Sec. 17-226g). Regional mental health directors. The Department of Mental Health and Addiction Services, in consultation with regional mental health boards as established by subsection (c) of section 17a-483, (1) may purchase services from other public agencies and from municipal and private agencies, (2) shall supervise, plan and coordinate mental health services with the goal of improving and expanding existing services and providing new ones, (3) shall develop joint programs in conformity with Department of Mental Health and Addiction Services standards, (4) shall make recommendations concerning all requests for grants and all contract proposals emanating from the regions, (5) shall evaluate mental health service delivery and monitor such services to insure that they are in conformity with the plans and policies of the Department of Mental Health and Addiction Services, and (6) shall report annually to the Board of Mental Health and Addiction Services on the status of programs and needs of the regions.

      (P.A. 74-224, S. 3, 8; P.A. 75-563, S. 3, 14; P.A. 77-614, S. 67, 610; P.A. 95-257, S. 11, 58; June 18 Sp. Sess. P.A. 97-8, S. 5, 88; P.A. 03-278, S. 59.)

      History: P.A. 75-563 replaced reference to repealed Sec. 17-226h with reference to Sec. 17-226k, included reference to department regulations and changed duty to "administer" services to duty to "supervise" services in Subsec. (b); P.A. 77-614 replaced personnel policy board with commissioner of administrative services in Subsec. (a); Sec. 17-226g transferred to Sec. 17a-480 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995 (Revisor's note: A reference to "Mental Health and Addiction Services Department" was replaced editorially by the Revisors with "Department of Mental Health and Addiction Services" for consistency with customary statutory usage); June 18 Sp. Sess. P.A. 97-8 transferred duties of regional mental health directors to Department of Mental Health and Addiction Services, reflecting the elimination of mental health regions, effective July 1, 1997; P.A. 03-278 made technical changes, effective July 9, 2003.

      See Sec. 17a-478 re establishment of mental health regions.

      See Sec. 17a-482 for applicable definitions.

      See Sec. 17a-484 re regional mental health boards.

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      Sec. 17a-481. (Formerly Sec. 17-226i). Per capita formula for funds of mental health regions. Section 17a-481 is repealed, effective July 1, 1997.

      (P.A. 74-224, S. 6, 8; P.A. 82-198, S. 2, 7; June 18 Sp. Sess. P.A. 97-8, S. 87, 88.)

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      Sec. 17a-482. (Formerly Sec. 17-226j). Definitions. As used in subsection (a) of section 17a-476, sections 17a-478 to 17a-480, inclusive, and sections 17a-482 to 17a-484, inclusive, unless the context otherwise requires: "Catchment area" means any geographical area within the state established as such by the Commissioner of Mental Health and Addiction Services, the boundaries of which may be redesignated by said commissioner when deemed necessary to equalize the population of each area and in such manner as is consistent with the boundaries of the municipalities therein, provided such boundaries of any catchment area shall be entirely within the boundaries of a mental health region established under section 17a-478; "council" means the catchment area council established under section 17a-483; "regional mental health board" means the board appointed within each mental health region under subsection (c) of section 17a-483; and "provider" means any person who receives income from private practice or any public or private agency which delivers mental health services.

      (P.A. 75-563, S. 4, 14; P.A. 76-435, S. 58, 82; P.A. 78-166, S. 3, 6; P.A. 82-198, S. 3, 7; P.A. 90-209, S. 21; P.A. 95-257, S. 11, 58; June 18 Sp. Sess. P.A. 97-8, S. 6, 88.)

      History: P.A. 76-435 clarified sections to which definitions apply; P.A. 78-166 deleted reference to repealed Sec. 17-226; P.A. 82-198 changed mental health service region to mental health region and redefined regional mental health board; P.A. 90-209 deleted reference to repealed Sec. 17-226d; Sec. 17-226j transferred to Sec. 17a-482 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 made technical changes reflecting the elimination of mental health regions, effective July 1, 1997.

      See Sec. 17a-478 re establishment of mental health regions.

      See Sec. 17a-484 re regional mental health boards.

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      Sec. 17a-483. (Formerly Sec. 17-226k). Catchment area council; representatives; duties. (a) Each catchment area council shall consist of one representative from each town or portion thereof located within the same catchment area, except that if a catchment area consists of (1) only two towns or portions thereof, three representatives shall be appointed from each town or portion thereof or (2) only one town or portion thereof, seven representatives shall be appointed. Such representatives shall be consumers and shall be appointed by the first selectmen, mayor or governing official of such town or portion thereof. The representatives appointed shall elect by majority vote an additional number of representatives, which number shall not exceed the number initially appointed. Not less than fifty-one per cent and not more than sixty per cent of the total catchment area council membership shall be consumers.

      (b) Each catchment area council shall study and evaluate the delivery of mental health services in its respective catchment area in accordance with regulations adopted by the Commissioner of Mental Health and Addiction Services. Each council shall make such reports and recommendations to the regional mental health boards as such boards may require or which the catchment area council may deem necessary.

      (c) Each catchment area council shall elect four members of its council to serve as members of the regional mental health board of the region in which it is located, not more than two of whom shall be providers of mental health services. The regional mental health boards shall consist of the members elected by the catchment area councils and one representative designated by the Commissioner of Mental Health and Addiction Services from each state-operated facility serving the region.

      (d) Members of catchment area councils shall receive no compensation for their services but may be reimbursed by the Department of Mental Health and Addiction Services for necessary expenses incurred in the performance of their duties.

      (P.A. 75-563, S. 5, 14; P.A. 79-29; P.A. 80-343; P.A. 81-473, S. 10, 43; P.A. 82-198, S. 4, 7; P.A. 95-257, S. 11, 58; June 18 Sp. Sess. P.A. 97-8, S. 7, 88.)

      History: P.A. 79-29 changed representation provision - whereas there were previously three representatives for catchment areas consisting of less than three towns, now there were three representatives from each town for areas of two towns and seven representatives for areas consisting of one town; P.A. 80-343 replaced provisions of former Subsec. (d) re assistance of mental health planning councils in organizing catchment area councils with new provisions re compensation and reimbursement for expenses; P.A. 81-473 changed the membership of the regional mental health boards to include three, rather than four, members of the region's catchment area council and one representative from each facility serving the region and restricted memberships held by mental health services providers to one rather than two; P.A. 82-198 changed term "directors" to "members", increased number of members from three to four and provided that not more than two members could be providers of mental health services; Sec. 17-226k transferred to Sec. 17a-483 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 deleted reference to regional mental health directors in Subsec. (b), effective July 1, 1997.

      See Sec. 17a-478 re establishment of mental health regions.

      See Sec. 17a-482 for applicable definitions.

      See Sec. 17a-484 re regional mental health boards.

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      Sec. 17a-484. (Formerly Sec. 17-226l). Regional mental health boards; duties; funds; staff; representation of alcohol and drug programs. (a) Each mental health region established by the Commissioner of Mental Health and Addiction Services pursuant to section 17a-478 shall be advised by a regional mental health board. Each such board shall carry out its duties in accordance with regulations adopted by the Commissioner of Mental Health and Addiction Services and shall study the needs of the region and develop plans for improved and increased mental health services, and shall: (1) Together with the Department of Mental Health and Addiction Services, plan, endeavor to stimulate and coordinate additional and expanded mental health services, review all applications for funds, make recommendations with respect thereto and transmit such recommendations to the Commissioner of Mental Health and Addiction Services and review and make specific recommendations to the Commissioner of Mental Health and Addiction Services concerning the annual budget of the region and state subsidies for regional mental health programs; (2) report their findings and conclusions annually to the Commissioner of Mental Health and Addiction Services together with recommendations for a comprehensive plan for the establishment or expansion of mental health services within the region; (3) receive and expend federal, state and local funds under the provisions of subsection (a) of section 17a-476 and sections 17a-478, 17a-479, 17a-480 and 17a-482 to 17a-484, inclusive; and (4) cooperate with federal comprehensive health planning agencies or their successors, established pursuant to United States Public Law 93-641, in planning comprehensive mental health services within its region.

      (b) Any regional mental health board which is incorporated, or any combination of adjoining mental health boards which are incorporated, may apply to the Commissioner of Mental Health and Addiction Services for funds to carry out the provisions of subsection (a) of section 17a-476, sections 17a-478 and 17a-479, subsection (b) of section 17a-480 and sections 17a-482 to 17a-484, inclusive. Said commissioner shall, by regulation, establish minimum standards for eligibility of the regional mental health boards to receive state funds, which shall be accounted for annually to said commissioner.

      (c) Each regional mental health board shall employ necessary staff which shall be funded through the office of the Commissioner of Mental Health and Addiction Services combined with funds from local sources. Such staff shall assist the catchment area councils as directed by such board.

      (d) Each regional mental health board shall have a plan to ensure appropriate representation of persons representing alcohol and drug programs and of concerned individuals.

      (P.A. 75-563, S. 6, 14; P.A. 76-435, S. 59, 82; P.A. 77-544, S. 12, 16; P.A. 78-166, S. 4, 6; P.A. 82-198, S. 5, 7; P.A. 86-371, S. 19, 45; P.A. 95-257, S. 11, 58; June 18 Sp.Sess. P.A. 97-8, S. 8, 88.)

      History: P.A. 76-435 listed sections specifically applicable in Subsecs. (a) and (b); P.A. 77-544 added Subsec. (d) re representation of persons connected with alcohol and drug programs and of concerned individuals; P.A. 78-166 deleted reference to repealed Sec. 17-226; P.A. 82-198 eliminated reference to repealed Sec. 17-226m; P.A. 86-371 removed references to Sec. 17-226d concerning funds for services for drug-dependent and alcoholic persons; Sec. 17-226l transferred to Sec. 17a-484 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 substituted "Department of Mental Health and Addiction Services" for "regional mental health director" in Subsec. (a), effective July 1, 1997.

      See Sec. 17a-478 re establishment of mental health regions.

      See Secs. 17a-482 and 17a-680 for applicable definitions.

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      Sec. 17a-484a. Grants-in-aid for support services to eligible households. (a) As used in this section:

      (1) "Eligible households" means persons or families who are affected by psychiatric disabilities or chemical dependency, or both, and who are homeless or at risk of homelessness;

      (2) "Homeless or at risk of homelessness" means (A) living on the streets or in shelters, (B) coming out of homeless programs or transitional housing and having no permanent housing, (C) living in unsafe or abusive environments, (D) paying more than fifty per cent of income for rent, (E) living in overcrowded conditions, or (F) being in need of supportive services in order to maintain permanent housing; and

      (3) "Commissioner" means the Commissioner of Mental Health and Addiction Services.

      (b) The commissioner shall implement and administer a program to provide grants-in-aid to nonprofit corporations for the purpose of providing support services to eligible households. Such services shall be designed to enable residents of eligible households to (1) obtain and keep permanent housing, (2) increase their job skills and income, and (3) achieve greater self-determination.

      (c) The commissioner shall leverage funding from private and federal funding sources in providing grants-in-aid for support services under this section.

      (d) The commissioner may adopt regulations, in accordance with chapter 54, to carry out the provisions of this section.

      (P.A. 00-216, S. 12, 28.)

      History: P.A. 00-216 effective July 1, 2000.

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      Sec. 17a-484b. Pilot peer engagement specialist program. (a) The Commissioner of Mental Health and Addiction Services shall, within available appropriations, establish a pilot peer engagement specialist program, in one mental health region designated pursuant to section 17a-478, to provide intensive community support and case management services for persons who require individualized outreach services due to their persistent rejection of traditional mental health services and potential for violence. An individual shall be offered a peer engagement specialist under the program when the commissioner determines, based on objective documentation, that such individual (1) has inflicted or threatened to inflict serious physical injury upon another person or persons on one or more occasions within the last five years, (2) has demonstrated a persistent rejection of traditional mental health services, and (3) needs the services offered by an engagement specialist and would benefit from such services.

      (b) Not later than September 1, 2000, the commissioner may hire or contract with persons who are in recovery from psychiatric disabilities to act as peer engagement specialists under the program established under this section. Such peer engagement specialists, when so hired or contracted with, shall be accountable to the Department of Mental Health and Addiction Services. The peer engagement specialists shall participate in the assessment of individuals being considered for participation in the program established under this section. The responsibilities of the peer engagement specialists shall include, but not be limited to: (1) Assisting in the creation of the individual's recovery plan; (2) participating in or initiating conferences designed to establish individualized service strategies; (3) providing consultation to the primary care agencies; (4) participating in all treatment meetings concerning the individual; (5) providing outreach, support and follow-up services to program participants; (6) ensuring that a partnership exists among the individual participant, the peer engagement specialist and the assigned care manager; (7) serving as peer and role model for individual participants; (8) teaching life skills and interpersonal skills that will ultimately help individual participants to build their own circles of support; (9) assisting in the development of natural support systems within the community; and (10) assisting assigned care managers with the ongoing process of engagement and linkage.

      (c) The peer engagement specialists shall be given access to initial training for their responsibilities, and periodic continuing training thereafter. Such training shall include, but not be limited to, training on advance directives that allow program participants to specify the types of mental health intervention they would accept in the event of a crisis. The peer engagement specialists shall inform all participating individuals concerning such advance directives and shall encourage the use of such advance directives by such individuals. The commissioner shall ensure that technical assistance by an independent entity that is not a provider of mental health services is made available to assist peer engagement specialists with such advance directives. The commissioner shall issue a certificate to each peer engagement specialist who is hired by the department and satisfactorily completes such training.

      (d) Not later than July 1, 2000, the Commissioner of Mental Health and Addiction Services shall appoint an advisory committee to advise the commissioner on the design and implementation of the program established under this section. The committee shall be composed of twelve members, six of whom shall be present or former consumers of mental health services, advocates for such consumers or family members of such consumers, and shall be knowledgeable concerning the concept of engaging persons who are resistant to receiving mental health services and knowledgeable concerning principles of recovery, and six of whom shall be representatives of providers of mental health services, the Department of Mental Health and Addiction Services or professional organizations associated with the mental health field.

      (e) Not later than January 15, 2002, the Commissioner of Mental Health and Addiction Services shall submit a report containing an evaluation of the operation and effectiveness of the program established under this section to the joint standing committee of the General Assembly having cognizance of matters relating to public health, in accordance with the provisions of section 11-4a. The report shall include, but not be limited to, (1) the findings and recommendations of the commissioner with respect to the program, which shall include the relevant clinical benchmarks for evaluating the participants and the program itself, and (2) the recommendations of the peer engagement specialists and the advisory committee with respect to the need for services.

      (P.A. 00-216, S. 13, 28.)

      History: P.A. 00-216 effective July 1, 2000 (Revisor's note: In Subsec. (b), the phrase "... but are not be limited to ..." was changed editorially by the Revisors to "... but not be limited to ..." for consistency and proper form).

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      Sec. 17a-484c. Discharge plan. Regulations. Any licensed residential treatment facility that provides adult mental health or substance abuse treatment services, or both, and receives state funds for the provision of such services shall prepare a discharge plan, including housing referrals, for each client receiving such services prior to such client's release from such residential treatment facility. The Commissioner of Mental Health and Addiction Services may adopt regulations, in accordance with chapter 54, to carry out the provisions of this section.

      (June Sp. Sess. P.A. 01-4, S. 45.)

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      Sec. 17a-485. Community Mental Health Strategic Investment Fund. (a) There is established within the Department of Mental Health and Addiction Services an account in the General Fund to be known as the "Community Mental Health Strategic Investment Fund". The account shall contain all moneys required by law to be deposited in the account and shall be held separate and apart from all other money, funds and accounts. Investment earnings from any moneys in the account shall be credited to the account and shall become part of the assets of the account. Any balance remaining in the account at the end of any fiscal year shall not lapse and shall be available for use for the fiscal year next succeeding.

      (b) The account established under subsection (a) of this section shall be used to provide assistance for persons with mental illness, including, but not limited to, eligible households, as defined in section 17a-484a, and such persons who are community-supervised offenders supervised by the executive or judicial branch, and children or youth not within the care of the Department of Children and Families for the development of new or expanded community-based clinical and nonclinical facilities, related mental health services and supportive housing for persons with mental health needs.

      (c) Within the account established under subsection (a) of this section, there shall be two subaccounts: (1) A community mental health restoration subaccount for the purpose of providing financial assistance for new or expanded community-based mental health facilities and services, including, but not limited to, rental subsidies, case management, assertive community treatment teams, intensive residential programs, specialized treatment programs, hospital outpatient behavioral health services, regional independent living grants, multicultural services, training, technical assistance and evaluation, and grants to nonprofit providers for the enhancement of home and community-based services for the early detection, diagnosis and treatment of mental illness and emotional disturbance among children and youth from birth through transition to adult services; and (2) a supportive housing enhancement subaccount for the purpose of carrying out section 17a-485c.

      (June Sp. Sess. P.A. 01-8, S. 1, 13.)

      History: June Sp. Sess. P.A. 01-8 effective July 1, 2001.

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      Sec. 17a-485a. Community mental health strategic plan and financial assistance plan. Information and expenditure recommendations to the Community Mental Health Strategy Board. (a) Expenditures from the Community Mental Health Strategic Investment Fund established under section 17a-485 shall be made in accordance with a community mental health strategic plan and financial assistance plan adopted by the Community Mental Health Strategy Board established under section 17a-485b on or before January 1, 2002, and annually thereafter. Such strategic plan shall be consistent with other applicable state plans for mental health services.

      (b) The Commissioners of Mental Health and Addiction Services, Children and Families, Economic and Community Development, Education, Correction, Public Health and Social Services, the Secretary of the Office of Policy and Management and the Chief Court Administrator shall provide such information, including, but not limited to, information regarding needs assessments, program reviews and program revenues and expenses, and make such recommendations for expenditures from the account established under section 17a-485, as may be requested by the board.

      (June Sp. Sess. P.A. 01-8, S. 2, 13.)

      History: June Sp. Sess. P.A. 01-8 effective July 1, 2001.

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      Sec. 17a-485b. Community Mental Health Strategy Board. Duties. Report. Staff. (a) There is established a Community Mental Health Strategy Board. The voting members of the board shall be appointed as follows: (1) Two members by the Governor; (2) two members by the president pro tempore of the Senate; (3) two members by the speaker of the House of Representatives; (4) one member by the majority leader of the Senate; (5) one member by the majority leader of the House of Representatives; (6) two members by the minority leader of the Senate; (7) two members by the minority leader of the House of Representatives; (8) the Commissioner of Children and Families; and (9) the Commissioner of Mental Health and Addiction Services, who shall serve as chairperson. The Secretary of the Office of Policy and Management, the Chief Court Administrator and the Commissioners of Economic and Community Development, Education, Correction, Public Health and Social Services, or their designees, shall serve as nonvoting ex-officio members of the board. Board members shall serve without compensation but shall be reimbursed for their necessary expenses. All initial appointments to the board shall be made not later than September 1, 2001. The Commissioner of Mental Health and Addiction Services shall convene the first meeting of the board not later than September 15, 2001.

      (b) The board, by majority vote of the voting members, shall, not less than annually, approve commitments and disbursements that the Commissioner of Mental Health and Addiction Services may make from the Community Mental Health Strategic Investment Fund established under section 17a-485 for the purposes of sections 17a-485 to 17a-485c, inclusive, and section 4 of public act 01-8 of the June special session* that are consistent with the community mental health strategic plan adopted under subsection (a) of section 17a-485a. The board may (1) designate the appropriate state agencies or the Connecticut Housing Finance Authority to receive such disbursements and to implement the provisions of sections 17a-485 to 17a-485c, inclusive, and section 4 of public act 01-8 of the June special session*, or (2) in conjunction with one or more state agencies or the Connecticut Housing Finance Authority, issue requests for proposals and request the Commissioner of Mental Health and Addiction Services to enter into contracts to make disbursements and implement the provisions of sections 17a-485 to 17a-485c, inclusive, and section 4 of public act 01-8 of the June special session*. The board shall designate the assignment of funds not otherwise assigned to the subaccounts established under section 17a-485 as the board deems appropriate.

      (c) The board shall, not later than February 1, 2002, and annually thereafter, report to the Governor and the General Assembly, in accordance with the provisions of section 11-4a. The report shall include a description of all disbursements made from the account established under section 17a-485 during the prior fiscal year and an evaluation of the impact of each program or service receiving such disbursements with respect to its outcome and effectiveness in expanding access to quality, appropriate community-based mental health care.

      (d) Within the limits of available appropriations, the Department of Mental Health and Addiction Services shall provide for such staff and other administrative support as may be required by the board for the purposes of sections 17a-485 to 17a-485c, inclusive, subsection (h) of section 8-395, subsection (c) of section 54-56g, subsection (g) of section 54-56i, section 54-56k and sections 4, 7, 11 and 12 of public act 01-8 of the June special session*.

      (June Sp. Sess. P.A. 01-8, S. 3, 13.)

      *Note: Sections 4, 7, 11 and 12 of public act 01-8 of the June special session are special in nature and therefore have not been codified but remain in full force and effect according to their terms.

      History: June Sp. Sess. P.A. 01-8 effective July 1, 2001.

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      Sec. 17a-485c. Supportive Housing Pilots Initiative. Memorandum of understanding. Reports. (a) The Commissioner of Mental Health and Addiction Services, in collaboration with the Commissioners of Social Services and Economic and Community Development and the Connecticut Housing Finance Authority, shall establish a Supportive Housing Pilots Initiative to provide additional units of affordable housing and support services to eligible households, as defined in section 17a-484a, and to persons with serious mental health needs who are community-supervised offenders supervised by the executive or judicial branch. Such housing shall be permanent supportive housing or transitional living programs, and the permanent supportive housing may include both individuals and families with special needs and individuals and families without such needs.

      (b) The Supportive Housing Pilots Initiative shall provide up to six hundred fifty dwelling units. Not later than January 1, 2002, the Secretary of the Office of Policy and Management and the Commissioner of Mental Health and Addiction Services shall enter into a memorandum of understanding with the Departments of Social Services and Economic and Community Development and the Connecticut Housing Finance Authority. The memorandum of understanding shall provide that: (1) A collaborative plan shall be submitted with specific timetables to create up to six hundred fifty dwelling units of supportive housing, which may include the construction of up to three hundred new units of supportive housing; (2) the Department of Social Services may provide project-based rental subsidy certificates; (3) the Connecticut Housing Finance Authority and the Department of Economic and Community Development shall provide grants, mortgage loans and tax credits that offer a viable financing package, including capitalized operating reserves, for the construction of up to three hundred new units of supportive housing; (4) the Department of Mental Health and Addiction Services shall provide annual grants to the projects for supportive services during the term of any mortgage loan; (5) there shall be a plan for private and federal predevelopment financing and financing from nonstate sources for grants and loans from private investment through federal and state tax credit programs and federal project-based rental subsidies; and (6) not later than July 1, 2002, the Connecticut Housing Finance Authority shall issue a request for proposals by persons or entities interested in participating in such initiative with priority given to applicants that include organizations deemed qualified to provide services by the Department of Mental Health and Addiction Services pursuant to a request for qualifications. The Connecticut Housing Finance Authority shall review and underwrite projects developed under the Supportive Housing Pilots Initiative.

      (c) Not later than January 1, 2004, the Commissioners of Mental Health and Addiction Services and Economic and Community Development and the Connecticut Housing Finance Authority shall submit an interim status report relative to the Supportive Housing Pilots Initiative established under this section to the joint standing committees of the General Assembly having cognizance of matters relating to public health, human services, finance, revenue and bonding and appropriations and the budgets of state agencies. Not later than January 1, 2006, the Commissioners of Mental Health and Addiction Services and Economic and Community Development and the Connecticut Housing Finance Authority shall submit a final report to said committees with respect to the Supportive Housing Pilots Initiative and the report shall include, but not be limited to, information indicating (1) the number and location of the units of supportive housing created, (2) the number of individuals served, (3) the number and type of services offered, and (4) the estimated amount of cost avoidance achieved as a direct result of such initiative.

      (June Sp. Sess. P.A. 01-8, S. 5, 13.)

      History: June Sp. Sess. P.A. 01-8 effective July 1, 2001.

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      Sec. 17a-485d. Availability of optional rehabilitation services or substance abuse rehabilitation services under Medicaid program. Amendment to Medicaid state plan. Certification of providers by Commissioner of Mental Health and Addiction Services. Regulations. (a) The Department of Mental Health and Addiction Services, in consultation with the Department of Social Services, shall conduct a study concerning the implementation of adult rehabilitation services under Medicaid. Not later than February 1, 2002, the departments shall jointly submit a report of their findings and recommendations to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to public health, human services and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a. The report shall include, but not be limited to, an implementation plan, a cost benefit analysis and a description of the plan's impact on existing services.

      (b) The Department of Mental Health and Addiction Services and the Department of Social Services shall conduct a study concerning the advisability of entering into an interagency agreement pursuant to which the Department of Mental Health and Addiction Services would provide clinical management of mental health services, including, but not limited to, review and authorization of services, implementation of quality assurance and improvement initiatives and provision of case management services, for aged, blind or disabled adults enrolled in the Medicaid program to the extent permitted under federal law. Not later than February 1, 2002, the departments shall jointly submit a report of their findings and recommendations to the Governor and to the joint standing committees of the General Assembly having cognizance of matters relating to public health, human services and appropriations and the budgets of state agencies, in accordance with the provisions of section 11-4a.

      (c) The Commissioner of Social Services shall take such action as may be necessary to amend the Medicaid state plan to provide for coverage of optional adult rehabilitation services supplied by providers of mental health services or substance abuse rehabilitation services for adults with serious and persistent mental illness or who have alcoholism or other substance abuse conditions, that are certified by the Department of Mental Health and Addiction Services. For the fiscal years ending June 30, 2004, and June 30, 2005, up to three million dollars in each such fiscal year of any moneys received by the state as federal reimbursement for optional Medicaid adult rehabilitation services shall be credited to the Community Mental Health Restoration subaccount within the account established under section 17a-485 and shall be available for use for the purposes of the subaccount. The Commissioner of Social Services shall adopt regulations, in accordance with the provisions of chapter 54, to implement optional rehabilitation services under the Medicaid program. The commissioner shall implement policies and procedures to administer such services while in the process of adopting such policies or procedures in regulation form, provided notice of intention to adopt the regulations is printed in the Connecticut Law Journal within forty-five days of implementation, and any such policies or procedures shall be valid until the time final regulations are effective.

      (d) The Commissioner of Mental Health and Addiction Services shall have the authority to certify providers of mental health or substance abuse rehabilitation services for adults with serious and persistent mental illness or who have alcoholism or other substance abuse conditions for the purpose of coverage of optional rehabilitation services. The Commissioner of Mental Health and Addiction Services shall adopt regulations, in accordance with the provisions of chapter 54, for purposes of certification of such providers. The commissioner shall implement policies and procedures for purposes of such certification while in the process of adopting such policies or procedures in regulation form, provided notice of intention to adopt the regulations is printed in the Connecticut Law Journal no later than twenty days after implementation and any such policies and procedures shall be valid until the time the regulations are effective.

      (June Sp. Sess. P.A. 01-8, S. 4, 13; June 30 Sp. Sess. P.A. 03-3, S. 70; May Sp. Sess. P.A. 04-2, S. 84.)

      History: June Sp. Sess. P.A. 01-8 effective July 1, 2001; June 30 Sp. Sess. P.A. 03-3 amended Subsec. (c) to delete reference to completion of the study and report re time frame for when Commissioner of Social Services shall amend the Medicaid state plan, to add that for the fiscal years ending June 30, 2004, and June 30, 2005, "up to three million dollars in each such fiscal year" of federal moneys received for optional Medicaid adult rehabilitation services are to be credited to the Community Mental Health Restoration subaccount, and to require Commissioner of Social Services to adopt regulations to implement optional rehabilitation services under the Medicaid program, effective August 20, 2003; May Sp. Sess. P.A. 04-2 amended Subsec. (c) to provide that Commissioner of Social Services shall amend the Medicaid state plan to provide coverage for "substance abuse rehabilitation services for adults with serious and persistent mental illness or who have alcoholism or other substance abuse conditions" certified by the Department of Mental Health and Addiction Services and to make technical changes, and added Subsec. (d) authorizing Commissioner of Mental Health and Addiction Services to certify providers of mental health or substance abuse rehabilitation services for adults with serious and persistent mental illness or who have alcoholism or other substance abuse conditions, requiring adoption of regulations re certification and permitting commissioner to implement policies and procedures re certification while in the process of adopting in regulation form, effective May 12, 2004.

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      Sec. 17a-486. (Formerly Sec. 17a-681a). Clinical assessment of certain persons charged with misdemeanor. Recommended treatment plan for consideration by court. Prior to the arraignment of a person charged solely with the commission of a misdemeanor, the Department of Mental Health and Addiction Services shall, to the maximum extent possible within the limits of available appropriations, with the consent of the arrested person, cause a clinical assessment to be performed of any person who has previously received mental health services or treatment for substance abuse from the department or who would reasonably benefit from such services to determine whether such person should be referred for community-based mental health services. If the person is determined to be in need of such services and is willing to accept the services offered, the court shall be informed of the result of the assessment and the recommended treatment plan for consideration by the court in the disposition of the criminal case.

      (June Sp. Sess. P.A. 00-1, S. 34, 46.)

      History: June Sp. Sess. P.A. 00-1 effective July 1, 2000; Sec. 17a-681a transferred to Sec. 17a-486 in 2003.

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      Secs. 17a-487 to 17a-494. Reserved for future use.

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PART II*
COMMITMENT. GENERAL PROVISIONS

      *Former sections 17-176-17-205a cited. 43 CA 592.

      Sec. 17a-495. (Formerly Sec. 17-176). Definitions. (a) For the purposes of sections 17a-75 to 17a-83, inclusive, and 17a-615 to 17a-618, inclusive, the following terms shall have the following meanings: "Business day" means Monday to Friday, inclusive, except when a legal holiday falls on any such day; "hospital for psychiatric disabilities" means any public or private hospital, retreat, institution, house or place in which any mentally ill person is received or detained as a patient, but shall not include any correctional institution of this state; "mentally ill person" means any person who has a mental or emotional condition which has substantial adverse effects on his or her ability to function and who requires care and treatment, and specifically excludes a person who is an alcohol-dependent person or a drug-dependent person, as defined in section 17a-680; "patient" means any person detained and taken care of as a mentally ill person; "keeper of a hospital for psychiatric disabilities" means any person, body of persons or corporation which has the immediate superintendence, management and control of a hospital for psychiatric disabilities and the patients therein; "support" includes all necessary food, clothing and medicine and all general expenses of maintaining state institutions for the mentally ill; "indigent person" means any person who has an estate insufficient, in the judgment of the Court of Probate, to provide for his or her support and has no person or persons legally liable who are able to support him or her; "dangerous to himself or herself or others" means there is a substantial risk that physical harm will be inflicted by an individual upon his or her own person or upon another person, and "gravely disabled" means that a person, as a result of mental or emotional impairment, is in danger of serious harm as a result of an inability or failure to provide for his or her own basic human needs such as essential food, clothing, shelter or safety and that hospital treatment is necessary and available and that such person is mentally incapable of determining whether or not to accept such treatment because his judgment is impaired by his psychiatric disabilities. "Respondent" means a person who is alleged to be mentally ill and for whom an application for commitment to a mental institution has been filed; "voluntary patient" means any patient sixteen years of age or older who applies in writing to and is admitted to a hospital for psychiatric disabilities as a mentally ill person or any patient under sixteen years of age whose parent or legal guardian applies in writing to such hospital for admission of such patient; "involuntary patient" means any patient hospitalized pursuant to an order of a judge of the Probate Court after an appropriate hearing or a patient hospitalized for emergency diagnosis, observation or treatment upon certification of a qualified physician.

      (b) For the purposes of sections 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, and 17a-560 to 17a-576, inclusive, the following terms shall have the following meanings: "Business day" means Monday to Friday, inclusive, except when a legal holiday falls on any such day; "hospital for persons with psychiatric disabilities" means any public or private hospital, retreat, institution, house or place in which any person with psychiatric disabilities is received or detained as a patient, but shall not include any correctional institution of this state; "patient" means any person detained and taken care of as a person with psychiatric disabilities; "keeper of a hospital for persons with psychiatric disabilities" means any person, body of persons or corporation which has the immediate superintendence, management and control of a hospital for persons with psychiatric disabilities and the patients therein; "support" includes all necessary food, clothing and medicine and all general expenses of maintaining state institutions for the persons with psychiatric disabilities; "indigent person" means any person who has an estate insufficient, in the judgment of the Court of Probate, to provide for his or her support and has no person or persons legally liable who are able to support him or her; "dangerous to himself or herself or others" means there is a substantial risk that physical harm will be inflicted by an individual upon his or her own person or upon another person; "gravely disabled" means that a person, as a result of mental or emotional impairment, is in danger of serious harm as a result of an inability or failure to provide for his or her own basic human needs such as essential food, clothing, shelter or safety and that hospital treatment is necessary and available and that such person is mentally incapable of determining whether or not to accept such treatment because his judgment is impaired by his psychiatric disabilities; "respondent" means a person who is alleged to have psychiatric disabilities and for whom an application for commitment to an institution for persons with psychiatric disabilities has been filed; "voluntary patient" means any patient sixteen years of age or older who applies in writing to and is admitted to a hospital for persons with psychiatric disabilities as a person with psychiatric disabilities or any patient under sixteen years of age whose parent or legal guardian applies in writing to such hospital for admission of such patient; and "involuntary patient" means any patient hospitalized pursuant to an order of a judge of the Probate Court after an appropriate hearing or a patient hospitalized for emergency diagnosis, observation or treatment upon certification of a qualified physician.

      (c) For the purposes of sections 17a-495 to 17a-528, inclusive, "person with psychiatric disabilities" means any person who has a mental or emotional condition which has substantial adverse effects on his or her ability to function and who requires care and treatment, and specifically excludes a person who is an alcohol-dependent person or a drug-dependent person, as defined in section 17a-680.

      (d) For the purposes of sections 17a-452 to 17a-454, inclusive, 17a-456, 17a-458 to 17a-464, inclusive, 17a-466 to 17a-469, inclusive, 17a-471, 17a-474, 17a-476 to 17a-484, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, "person with psychiatric disabilities" means any person who has a mental or emotional condition which has substantial adverse effects on his or her ability to function and who requires care and treatment, and specifically includes a person who is an alcohol-dependent person or a drug-dependent person, as defined in section 17a-680.

      (1949 Rev., S. 2643; 1955, S. 1487d; 1957, P.A. 408; 1963, P.A. 642, S. 13; 1967, P.A. 555, S. 66; 656, S. 13; P.A. 76-227, S. 1, 7; P.A. 77-4, S. 1, 2; 77-595, S. 1, 9; P.A. 79-515, S. 1; P.A. 80-483, S. 74, 186; P.A. 82-347, S. 1; P.A. 90-209, S. 15; P.A. 94-27, S. 1, 17; P.A. 95-257, S. 48, 51, 58.)

      History: 1963 act substituted "state" for "county" jail; 1967 acts removed terms "state jail, prison," "public reformatory or penal" and substituted word "correctional," added "drug dependence" to definitions and to state institutions, and excluded drug-dependent persons from the definition of "mentally ill persons"; P.A. 76-227 redefined "mentally ill person" and excluded those whose sole disorder is alcoholism and defined "dangerous to himself or herself or others" and "gravely disabled"; P.A. 77-4 changed effective date of P.A. 76-227 from March 1, 1977, to October 1, 1977; P.A. 77-595 redefined "indigent person", "dangerous to himself or herself or others" and "gravely disabled" and defined "respondent"; P.A. 79-515 defined "voluntary patient" and "involuntary patient"; P.A. 80-483 made technical changes; P.A. 82-347 added definition of "business day"; P.A. 90-209 deleted the definition of "drug-dependent person", redefined "hospital for mental illness" to exclude places in which drug-dependent persons are received or detained as patients, redefined "mentally ill person" to exclude alcohol- dependent and drug-dependent persons rather than "persons whose psychiatric disorder is drug dependence ... or alcoholism" and redefined "support" to delete reference to the drug-dependent; Sec. 17-176 transferred to Sec. 17a-495 in 1991; P.A. 94-27 deleted reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 added Subsecs. (b) to (d), inclusive, which repeated provisions of Subsec. (a) while replacing variants of term "mental illness" with "psychiatric disabilities" for the purposes of cited sections and replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995.

      See Secs. 1-1 and 21a-240 for applicable definitions.

      Annotations to former section 17-176:

      Cited. 142 C. 329. Definition of "mentally ill person" is not limited to person who requires treatment for welfare of others but includes one who requires treatment for his own welfare; hence continued confinement of dementia praecox patient who maimed himself under religious delusions was proper. 157 C. 56. Cited. 158 C. 164. Cited. 173 C. 473, 476.

      Cited. 31 CS 197.

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      Sec. 17a-496. (Formerly Sec. 17-229). Penalty. Any keeper of a hospital for psychiatric disabilities who wilfully violates any of the provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, shall be fined not more than two hundred dollars or imprisoned not more than one year or both.

      (1949 Rev., S. 2690; P.A. 94-27, S. 2, 17; P.A. 95-257, S. 48, 58.)

      History: Sec. 17-229 transferred to Sec. 17a-496 in 1991; P.A. 94-27 deleted reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 substituted hospital for "psychiatric disabilities" for hospital for "mental illness", effective July 1, 1995.

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      Sec. 17a-497. (Formerly Sec. 17-177). Commitment jurisdiction. Application. Appointment of three-judge court. (a) The jurisdiction of the commitment of a person with psychiatric disabilities to a hospital for psychiatric disabilities shall be vested in the court of probate 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 court of probate 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 judge of probate 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 court of probate where the application was filed or if it could be dangerous to the respondent or others for him to travel to such court. Courts of probate 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 made 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 judge of probate 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 several judges of probate to hear such application. Such three-judge court shall consist of at least one judge who is an attorney-at-law admitted to practice in this state. The judge of the court of probate 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-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, 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 court of probate having jurisdiction over the matter as if the three-judge court had not been appointed.

      (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.)

      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.

      See Sec. 27-110 re commitment of mentally ill veterans.

      Annotations to former section 17-177:

      Cited. 224 C. 168, 188.

      Cited. 22 CA 199, 206.

      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 section 46b-121. 35 CS 241 et seq. 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. Id.

      Annotations to present section:

      Cited. 224 C. 168, 188. Cited. 230 C. 400, 406, 425.

      Subsec. (a):

      Civil commitment generally is an involuntary process, initiated by someone other than committee. 268 C. 508.

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      Sec. 17a-498. (Formerly Sec. 17-178). Hearing on commitment application. Notice. Rights of respondent. Examination by physicians. Order of commitment. Election of voluntary status prior to adjudication. Review of confinement. (a) Upon such application being filed in the Probate Court, such court shall assign a time, not later than ten business days thereafter, and a place for hearing such application, and shall cause reasonable notice thereof to be given to the respondent and to such relative or relatives and friends as it deems advisable. Said notice shall inform such respondent that he or she has a right to be present at the hearing; that he or she has a right to counsel; that he or she, if indigent, has a right to have counsel appointed to represent him or her; and that he or she has a right to cross-examine witnesses testifying at any hearing upon such application.

      (b) If the court finds such respondent is indigent or otherwise unable to pay for counsel, the court shall appoint counsel for such respondent, unless such respondent refuses counsel and the court finds that the respondent understands the nature of his or her refusal. The court shall provide such respondent a reasonable opportunity to select his or her own counsel to be appointed by the court. If the respondent does not select counsel or if counsel selected by the respondent refuses to represent such respondent or is not available for such representation, the court shall appoint counsel for the respondent from a panel of attorneys admitted to practice in this state provided by the Probate Court Administrator in accordance with regulations promulgated by the Probate Court Administrator in accordance with section 45a-77. The reasonable compensation of appointed counsel shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund. Prior to such hearing, such respondent or his or her counsel, in accordance with the provisions of sections 52-146d to 52-146i, inclusive, shall be afforded access to all records including, without limitation, hospital records if such respondent is hospitalized, and shall be entitled to take notes therefrom. If such respondent is hospitalized at the time of the hearing, the hospital shall make available at such hearing for use by the patient or his or her counsel all records in its possession relating to the condition of the respondent. Notwithstanding the provisions of sections 52-146d to 52-146i, inclusive, all such hospital records directly relating to the patient shall be admissible at the request of any party or the Court of Probate in any proceeding relating to confinement to or release from a hospital for psychiatric disabilities. Nothing herein shall prevent timely objection to the admissibility of evidence in accordance with the rules of civil procedure.

      (c) The court shall require the certificates, signed under penalty of false statement, of at least two impartial physicians selected by the court, one of whom shall be a practicing psychiatrist, both of whom shall be licensed to practice medicine in the state of Connecticut and shall have been practitioners of medicine at least one year and shall not be connected with the hospital for psychiatric disabilities to which the application is being made, or related by blood or marriage to the applicant, or to the respondent. Such certificates shall indicate that they have personally examined such person within ten days of such hearing. The court shall appoint such physicians from a panel of physicians and psychiatrists provided by the Commissioner of Mental Health and Addiction Services and such appointments shall be made in accordance with regulations to be promulgated by the Probate Court Administrator in accordance with section 45a-77. Each such physician shall make a report on a separate form provided for that purpose by the Department of Mental Health and Addiction Services and shall answer such questions as may be set forth on such form as fully and completely as reasonably possible. Such form shall include, but not be limited to questions relating to the specific psychiatric disabilities alleged, whether or not the respondent is dangerous to himself or herself or others, whether or not such illness has resulted or will result in serious disruption of the respondent's mental and behavioral functioning, whether or not hospital treatment is both necessary and available, whether or not less restrictive placement is recommended and available and whether or not respondent is incapable of understanding the need to accept the recommended treatment on a voluntary basis. Any such physician shall state upon the form the reasons for his or her opinions. Such respondent or his or her counsel shall have the right to present evidence and cross-examine witnesses who testify at any hearing on the application. If such respondent notifies the court not less than three days before the hearing that he or she wishes to cross-examine the examining physicians, the court shall order such physicians to appear. The court shall cause a recording of the testimony of such hearing to be made, to be transcribed only in the event of an appeal from the decree rendered hereunder. A copy of such transcript shall be furnished without charge to any appellant whom the Court of Probate finds unable to pay for the same. The cost of such transcript shall be paid from funds appropriated to the Judicial Department. If, on such hearing, the court finds by clear and convincing evidence that the person complained of has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled, it shall make an order for his or her commitment, considering whether or not a less restrictive placement is available, to a hospital for psychiatric disabilities to be named in such order, there to be confined for the period of the duration of such psychiatric disabilities or until he or she is discharged or converted to voluntary status pursuant to section 17a-506 in due course of law. Such court order shall further command some suitable person to convey such person to such hospital for psychiatric disabilities and deliver him or her, with a copy of such order and of such certificates, to the keeper thereof. In appointing a person to execute such order, the court shall give preference to a near relative or friend of the person with psychiatric disabilities, so far as it deems it practicable and judicious. Notice of any action taken by the court shall be given to the respondent and his or her attorney, if any, in such manner as the court concludes would be appropriate under the circumstances.

      (d) If the respondent refuses to be examined by the court-appointed physicians as herein provided, the court may issue a warrant for the apprehension of the respondent and a police officer for the town in which such court is located or if there is no such police officer then the state police shall deliver the respondent to a general hospital where the respondent shall be examined by two physicians one of whom shall be a psychiatrist, in accordance with subsection (c) of this section. If as a result of such examination, the respondent is committed under section 17a-502, transportation of the respondent to any such hospital, if such respondent is a female, shall be in accordance with the provisions of section 17a-505. If the respondent is not committed under section 17a-502, he shall be released and the reports of such physicians shall be sent to the Court of Probate to satisfy the requirement of examination of two physicians under subsection (c) of this section.

      (e) The respondent shall be given the opportunity to elect voluntary status under section 17a-506 at any time prior to adjudication of the application, subject to the following provisions: (1) In the event that a patient is in the hospital, the patient shall be informed by a member of the hospital staff within twenty-four hours prior to the time an application is filed with the court, that he or she may continue in the hospital on a voluntary basis under the provisions of section 17a-506, and any application for involuntary commitment by the hospital shall include a statement that such voluntary status has been offered to the respondent and refused, and (2) in the event that a respondent is not hospitalized the notice of hearing shall inform the respondent that he or she has the right to enter the hospital on a voluntary basis under the provisions of section 17a-506, and if the respondent enters the hospital under said section, the application for involuntary commitment shall be withdrawn. When any patient who has elected voluntary status following the filing of an application but prior to adjudication in any proceeding for involuntary commitment thereafter notifies the hospital that he or she wants to be released, a new application for involuntary commitment may be filed. If such application is filed within forty-five days after the patient's election of voluntary status on a prior application, the application for involuntary commitment may, at the discretion of the judge, be heard on the merits, notwithstanding the patient's subsequent request to remain a voluntary patient under the provisions of section 17a-506. Notwithstanding the provisions of sections 17a-29, 17a-540, 17a-543, 17a-544, subsection (f) of section 17a-547 and section 17a-548, in the event that a patient under section 17a-506 refuses to accept medication or treatment in accordance with the treatment plan prescribed by the attending physician and such patient is imminently dangerous to himself or others, an application for involuntary commitment may be filed for such patient in accordance with the provisions of this section.

      (f) The respondent shall be present at any hearing for his or her commitment under this section. If the respondent is medicated at that time, the court shall be notified by the hospital in writing of such fact and of the common effects of such medication.

      (g) The hospital shall notify each patient at least annually that such patient has a right to a further hearing pursuant to this section. In the event that the patient requests such hearing it shall be held by the court of probate which ordered the confinement of such patient. Any such request shall be immediately filed with the appropriate court by the hospital. After such request is filed with the Probate Court, it shall proceed in the manner provided in subsections (a), (b), (c) and (f) of this section. In addition, the hospital shall furnish each court of probate on a monthly basis with a list of all patients confined therein involuntarily by such court who have been confined without release for one year since the last annual review under this section of the patient's commitment or since the original commitment. The hospital shall include in such notification the type of review which the patient last received. If the patient's last annual review had a hearing, the probate court notified shall, within fifteen business days thereafter, appoint an impartial physician who is a psychiatrist from the list provided by the Commissioner of Mental Health and Addiction Services as set forth in subsection (c) of this section and not connected with the hospital in which the patient is confined nor related by blood or marriage to the original applicant or to the respondent, which physician shall see and examine each such patient within fifteen business days after his appointment and make a report forthwith to such court of the condition of the patient on forms provided by the Department of Mental Health and Addiction Services. If the Court of Probate concludes that the confinement of any such patient should be reviewed by such court for possible release of the patient, the court, on its own motion, shall proceed in the manner provided in subsections (a), (b), (c) and (f) of this section, except that the examining physician shall be considered one of the physicians required by subsection (c) of this section. If the patient's last annual review did not result in a hearing, and in any event at least every two years, the probate court notified shall, within fifteen business days, proceed with a hearing in the manner provided in subsections (a), (b), (c) and (f) of this section. All costs and expenses, including Probate Court entry fees provided by statute, in conjunction with the annual psychiatric review and the judicial review under this subsection, except costs for physicians appointed pursuant to this subsection, shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such costs and expenses, such payment shall be made from the Probate Court Administration Fund. Compensation of any physician appointed to conduct the annual psychiatric review, to examine a patient for any hearing held as a result of such annual review or for any other biennial hearing required pursuant to sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, shall be paid by the state from funds appropriated to the Department of Mental Health and Addiction Services in accordance with rates established by the Department of Mental Health and Addiction Services.

      (1949 Rev., S. 2645; 1963, P.A. 199; 1971, P.A. 760, S. 1; P.A. 76-227, S. 3, 7; P.A. 77-4, S. 1, 2; 77-595, S. 3, 9; 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 79-515, S. 3; P.A. 80-304, S. 1; 80-483, S. 75, 186; P.A. 81-307, S. 1, 2; P.A. 82-347, S. 2; 82-472, S. 54, 183; P.A. 83-295, S. 19; P.A. 85-523, S. 4, 9; P.A. 89-326, S. 2, 3, 7; P.A. 94-27, S. 4, 17; 94-204, S. 4, 5; P.A. 95-257, S. 11, 48, 58; P.A. 96-170, S. 5, 11, 23; P.A. 97-90, S. 5, 6; P.A. 99-84, S. 10; P.A. 00-196, S. 16.)

      History: 1963 act required that one of physicians selected by court be a practicing psychiatrist and clarified that physicians not be connected with hospital to which commitment is being made rather than with any hospital for mental illness; 1971 act added provisions re appointment of counsel, access to records cross-examination of committing physicians and transcripts; P.A. 76-227 added provisions re contents of hearing notice, required that person have reasonable opportunity to select counsel to be appointed by court, clarified and expanded provisions re access to records, required physicians making out certificates to have been practitioners for one year rather than three years, required certificate to state that person is dangerous to self or others or gravely disabled rather than "a fit subject for confinement in a hospital for mental illness", added provisions re persons under medication at time of hearing, replaced "committing" with "examining" physicians, restated provisions re court's findings and order and added Subsec. (b) re notification of right to further hearing; P.A. 77-4 changed effective date of P.A. 76-227 from March 1 to October 1, 1977; P.A. 77-595 divided former Subsec. (a) into Subsecs. (a) to (c), replaced "complaint" with "application" and "person" with "respondent", removed provisions in Subsec. (a) re warrants and procedure against person at large and alleged to be dangerous, expanded provisions re appointment of counsel, clarified and expanded provisions re physician's testimony, deleted specific provisions re medicated respondents, required notice to respondent and his attorney of any court action, inserted new Subsecs. (d) to (f) re refusal to be examined by court-appointed physicians, volunteering to enter hospital and respondent's presence at court, made former Subsec. (b) Subsec. (g) and expanded provisions re review of cases; P.A. 77-614 and P.A. 78-303 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 79-515 amended Subsec. (b) to release court from duty of appointing counsel if respondent refuses counsel and understands the nature of his refusal and to clarify what evidence is admissible, rewrote Subsec. (e) re election of admission voluntarily and clarified Subsecs. (f) and (g); P.A. 80-304 deleted provision in Subsec. (c) re revocation of commitment order by court; P.A. 80-483 made technical changes; P.A. 81-307 amended Subsec. (g) to include probate court entry fee in costs and expenses paid by the state; P.A. 82-347 added "business" before "days" and "impartial" before "physicians"; P.A. 82-472 made technical correction in Subsec. (g); P.A. 83-295 amended Subsec. (b) to provide that the compensation of appointed counsel shall be established by the judicial department rather than "the court"; P.A. 85-523 revised Subsec. (g) by providing that compensation of physicians appointed pursuant to section shall be paid by judicial department and compensation for physician for annual psychiatric review or any biennial hearing shall be paid by department of mental health; P.A. 89-326 amended Subsec. (b) to provide that the compensation of appointed counsel shall be established by the probate court administrator, rather than the judicial department, and be paid from the probate court administration fund, rather than from funds appropriated to the judicial department, and amended Subsec. (g) to provide that costs for appointed physicians shall be paid from the probate court administration fund, rather than from funds appropriated to the judicial department, and shall be in accordance with rates established by the probate court administrator, rather than by the judicial department; Sec. 17-178 transferred to Sec. 17a-498 in 1991; P.A. 94-27 amended Subsec. (g) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 94-204 added provision re conversion to voluntary status, effective June 7, 1994; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and specified variants of "mental illness" and "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995; P.A. 96-170 amended Subsecs. (b) and (g) by changing funding of compensation of counsel and of expenses of annual psychiatric and judicial review from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 99-84 amended Subsec. (c) by deleting "sworn" and inserting "signed under penalty of false statement"; P.A. 00-196 made technical changes in Subsec. (c).

      See Sec. 17a-507 re admission to general hospital having psychiatric facilities.

      Annotations to former section:

      Father of insane person liable for expense incurred by town. 23 C. 356. Residence of pauper; what town chargeable with support. 69 C. 1. Pauper defined; history of law. 84 C. 549. The legal presumption of insanity created by commitment removed upon discharge. Under insanity commitment, contracts of party committed are voidable only. 113 C. 604. No duty on trustee of beneficiary who was inmate in state institution to use discretionary trust fund for support of inmate. 133 C. 31. Town where pauper has settlement is liable at statutory rate for his care as a patient in a state hospital from time of the initial existence of his pauper status. 139 C. 469. Cited. 139 C. 474.

      Former statute construed. 4 CS 286.

      Annotations to former section 17-178:

      Confinement rightly continued where dementia praecox patient threatened further self-mutilation because of religious delusions. 157 C. 56. Cited. 169 C. 13. Cited. 173 C. 473, 475, 476, 479, 481, 485, 486, 491. Cited. 174 C. 464-466, 469, 470. Cited. 192 C. 520, 526, 527, 529; Id., 532, 537-539. Cited. 224 C. 168, 188.

      Cited. 43 CA 592.

      Cited. 30 CS 320. Cited. 33 CS 193. Cited. Id., 268. Probate court lacks jurisdiction over mental health commitment of children or youths. Superior court has jurisdiction pursuant to section 46b-121. 35 CS 241 et seq. Commitment order for minor was null and void since probate court lacks jurisdiction to entertain and determine matters involving the mental health commitment of children or youths. Id.

      Subsec. (c):

      Cited. 199 C. 609, 612. Cited. 211 C. 591, 606.

      Annotations to present section:

      Cited. 224 C. 168, 188. Cited. 230 C. 400, 406, 425. Cited. 236 C. 625, 635.

      Cited. 43 CA 592.

      Subsec. (c):

      Cited. 230 C. 400, 406, 419, 425. Cited. 233 C. 44, 87.

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      Sec. 17a-499. (Formerly Sec. 17-179). Court records. Commitment; uniform forms; service of process. All proceedings of the Court of Probate, upon application made under the provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, shall be in writing and filed in such court, and, whenever a court passes an order for the admission of any person to any state hospital for psychiatric disabilities, it shall record the same and give a certified copy of such order and of the reports of the physicians to the person by whom such person is to be taken to the hospital, as the warrant for such taking and commitment, and shall also forthwith transmit a like copy to the Commissioner of Mental Health and Addiction Services, and, in the case of a person in the custody of the Commissioner of Correction, to the Commissioner of Correction. Whenever a court passes an order for the commitment of any person to any hospital for psychiatric disabilities, it shall, within three business days, provide a copy of the order of commitment to the Commissioner of Mental Health and Addiction Services who shall maintain identifying information including, but not limited to, name, address, sex, date of birth and date of commitment on all commitments ordered on and after June 1, 1998. All commitment applications, orders of commitment and commitment papers issued by any court in committing persons with psychiatric disabilities to public or private hospitals for psychiatric disabilities shall be in accordance with a form prescribed by the Attorney General, which form shall be uniform throughout the state. For all such commitment applications and orders, the Commissioner of Mental Health and Addiction Services shall cause suitable blanks, in accordance with said form, to be printed and furnished at the expense of the state. State hospitals and other hospitals for persons with psychiatric disabilities shall, so far as they are able, upon reasonable request of any officer of a court having the power of commitment, send one or more trained attendants or nurses to attend any hearing concerning the commitment of any person with psychiatric disabilities and any such attendant or nurse, when present, shall be designated by the court as the authority to serve commitment process issued under the provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive.

      (1949 Rev., S. 2646; March, 1958, P.A. 27, S. 9; 1959, P.A. 256; 1967, P.A. 555, S. 67; P.A. 76-190, S. 5, 12; P.A. 90-209, S. 16; P.A. 94-27, S. 5, 17; P.A. 95-257, S. 11, 48, 58; P.A. 98-129, S. 17.)

      History: 1959 act substituted commissioner of mental health for welfare commissioner; 1967 act added "drug-dependent persons" to "mentally ill persons"; P.A. 76-190 required copy of court's admission order to be sent to commissioner of correction when appropriate; P.A. 90-209 deleted references to orders committing drug-dependent persons; Sec. 17-179 transferred to Sec. 17a-499 in 1991; P.A. 94-27 deleted reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and replaced variants of "mental illness" and "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995; P.A. 98-129 required any court that orders the commitment of a person to a hospital for psychiatric disabilities to provide a copy of the order to the Commissioner of Mental Health and Addiction Services within three business days, required said commissioner to maintain certain identifying information on all commitments ordered on and after June 1, 1998, and required that a uniform form be prescribed for commitment applications and that commitment application blanks be printed and furnished at state expense.

      See Secs. 17b-732, 21a-240.

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      Sec. 17a-500. (Formerly Sec. 17-180). Maintenance and confidentiality of records of cases of persons with psychiatric disabilities. Exchange of information concerning commitment status of firearm permit applicants and holders. (a) Each court of probate shall keep a record of the cases relating to persons with psychiatric disabilities coming before it under sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, and the disposition of them. It shall also keep on file the original application and certificate of physicians required by said sections, or a microfilm duplicate of such records in accordance with regulations issued by the Probate Court Administrator. All records maintained in the courts of probate under the provisions of said sections shall be sealed and available only to the respondent or his or her counsel unless the Court of Probate, after hearing held with notice to the respondent, determines such records should be disclosed for cause shown.

      (b) Notwithstanding the provisions of subsection (a) of this section, the Commissioner of Mental Health and Addiction Services, in accordance with section 17a-499, shall maintain information on commitment orders by a probate court and shall provide such information to the Commissioner of Public Safety in fulfillment of his obligations under sections 29-28 to 29-38, inclusive, and section 53-202d, in such a manner as to report identifying information on the commitment status including, but not limited to, name, address, sex, date of birth and date of commitment, for a person who applies for or holds a permit or certificate under said sections 29-28 to 29-38, inclusive, and section 53-202d. The Commissioner of Public Safety shall maintain as confidential any such information provided to him and shall use such information only for purposes of fulfilling his obligations under sections 29-28 to 29-38, inclusive, and section 53-202d, except that nothing in this section shall prohibit said commissioner from entering such information into evidence at a hearing held in accordance with section 29-32b.

      (c) (1) The Commissioner of Mental Health and Addiction Services shall obtain from the Commissioner of Public Safety the status of any firearm application, permit or certificate under sections 29-28 to 29-38, inclusive, and section 53-202d, of each person who is the subject of an order of commitment pursuant to section 17a-499, in such a manner so as to only receive a report on the firearm application, permit or certificate status of the person with respect to whom the inquiry is made.

      (2) The Commissioner of Mental Health and Addiction Services shall report to the Commissioner of Public Safety any commitment status and identifying information for any person who is an applicant for or holder of any permit or certificate under said sections 29-28 to 29-38, inclusive, and section 53-202d.

      (3) The Commissioner of Mental Health and Addiction Services shall advise the hospital for psychiatric disabilities to which a person has been committed of the status of a firearm application, permit or certificate of such person under sections 29-28 to 29-38, inclusive, and section 53-202d, as reported by the Commissioner of Public Safety for consideration by such hospital in any psychiatric treatment procedures.

      (4) The Commissioner of Mental Health and Addiction Services and a hospital for psychiatric disabilities shall maintain as confidential any information provided to said commissioner or such hospital concerning the status of a firearm application, permit or certificate under sections 29-28 to 29-38, inclusive, and section 53-202d, of any person.

      (1949 Rev., S. 2648; P.A. 77-595, S. 6, 9; P.A. 94-27, S. 6, 17; P.A. 95-257, S. 48, 58; P.A. 98-129, S. 18.)

      History: P.A. 77-595 replaced "complaint" with "application", allowed use of microfilmed records and required records be sealed and available only to respondent and his counsel unless court orders disclosure after hearing; Sec. 17-180 transferred to Sec. 17a-500 in 1991; P.A. 94-27 deleted reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 substituted "persons with psychiatric disabilities" for "mentally ill persons", effective July 1, 1995; P.A. 98-129 designated the existing provisions as Subsec. (a), added Subsec. (b) to require the Commissioner of Mental Health and Addiction Services to maintain information on commitment orders and provide such information to the Commissioner of Public Safety with respect to persons who apply for or hold a firearm permit or certificate and require the Commissioner of Public Safety to maintain such information as confidential and use it only for specified purposes and added Subsec. (c) to require in Subdiv. (1) that the Commissioner of Mental Health and Addiction Services obtain from the Commissioner of Public Safety the status of any firearm application, permit or certificate of any person who is the subject of a commitment order, require in Subdiv. (2) that the Commissioner of Mental Health and Addiction Services report to the Commissioner of Public Safety any commitment status and identifying information for a person who is an applicant for or holder of a firearm permit or certificate, require in Subdiv. (3) that the Commissioner of Mental Health and Addiction Services advise a hospital for psychiatric disabilities of the status of a firearm application, permit or certificate of a committed person and require in Subdiv. (4) that the Commissioner of Mental Health and Addiction Services and a hospital for psychiatric disabilities maintain as confidential information concerning the status of a firearm application, permit or certificate; (Revisor's note: In 2001 references to Sec. 29-38a were replaced editorially by the Revisors with references to Sec. 29-38, since Sec. 29-38a was repealed by P.A. 99-212).

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      Sec. 17a-501. (Formerly Sec. 17-182). Hospitals to which person with psychiatric disabilities committed. Any person with psychiatric disabilities, the expense of whose support is paid by himself or by another person, may be committed to any institution for the care of persons with psychiatric disabilities designated by the person paying for such support; and any indigent person with psychiatric disabilities, not a pauper, committed under the provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, shall be committed to any state hospital for psychiatric disabilities which is equipped to receive him, at the discretion of the Court of Probate, upon consideration of a request made by the person applying for such commitment.

      (1949 Rev., S. 2659; P.A. 94-27, S. 7, 17; P.A. 95-257, S. 48, 58.)

      History: Sec. 17-182 transferred to Sec. 17a-501 in 1991; P.A. 94-27 deleted reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 substituted variants of "psychiatric disabilities" for variants of "mental illness" and "mentally ill", effective July 1, 1995.

      Annotation to former section 17-182:

      Will construed to permit trustees to use funds for patient committed to one institution because other had no room to receive him. 84 C. 554.

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      Sec. 17a-502. (Formerly Sec. 17-183). Commitment under emergency certificate. Examination of patient. Discharge. Rights to be explained. Hearing. Duties of hospital. Order for detention to continue. Private hospitals to notify commissioner. Immediate discharge of patient, when. Notification of next of kin. (a) Any person who a physician concludes has psychiatric disabilities and is dangerous to himself or others or gravely disabled, and is in need of immediate care and treatment in a hospital for psychiatric disabilities, may be confined in such a hospital, either public or private, under an emergency certificate as hereinafter provided for not more than fifteen days without order of any court, unless a written application for commitment of such person has been filed in a probate court prior to the expiration of the fifteen days, in which event such commitment is continued under the emergency certificate for an additional fifteen days or until the completion of probate proceedings, whichever occurs first. In no event shall such person be admitted to or detained at any hospital, either public or private, for more than fifteen days after the execution of the original emergency certificate, on the basis of a new emergency certificate executed at any time during the person's confinement pursuant to the original emergency certificate; and in no event shall more than one subsequent emergency certificate be issued within fifteen days of the execution of the original certificate. If at the expiration of the fifteen days a written application for commitment of such person has not been filed, such person shall be discharged from the hospital. At the time of delivery of such person to such hospital, there shall be left, with the person in charge thereof, a certificate, signed by a physician licensed to practice medicine or surgery in Connecticut and dated not more than three days prior to its delivery to the person in charge of the hospital. Such certificate shall state the date of personal examination of the person to be confined, which shall be not more than three days prior to the date of signature of the certificate, shall state the findings of the physician relative to the physical and mental condition of the person and the history of the case, if known, and shall state that it is the opinion of the physician that the person examined has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled and is in need of immediate care and treatment in a hospital for psychiatric disabilities. Such physician shall state on such certificate the reasons for his or her opinion.

      (b) Any person admitted and detained under this section shall be examined by a physician specializing in psychiatry within forty-eight hours of admission as provided in section 17a-545. If such physician is of the opinion that the person does not meet the criteria for emergency detention and treatment, such person shall be immediately discharged. The physician shall enter his findings in the patient's record.

      (c) Any person admitted and detained under this section shall be promptly informed by the admitting facility that such person has the right to consult an attorney, the right to a hearing under subsection (d) of this section, and that if such a hearing is requested or a probate application is filed, such person has the right to be represented by counsel, and that counsel will be provided at the state's expense if the person is unable to pay for such counsel. The reasonable compensation for counsel provided to persons unable to pay shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such purposes, such compensation shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

      (d) If any person detained under this section, or his or her representative, requests a hearing in writing, such hearing shall be held within seventy-two hours of receipt of such request, excluding Saturdays, Sundays and holidays. At such hearing, the person shall have the right to be present, to cross-examine all witnesses testifying, and to be represented by counsel as provided in section 17a-498. The hearing may be requested at any time prior to the initiation of proceedings under section 17a-498. The hearing shall be held by the court of probate having jurisdiction for commitment as provided in section 17a-497, and the hospital shall immediately notify such court of any request for a hearing by a person detained under this section. At the conclusion of the hearing, if the court finds that there is probable cause to conclude that the person is subject to involuntary confinement under this section, considering the condition of the respondent at the time of the admission and at the time of the hearing, and the effects of medication, if any, and the advisability of continued treatment based on testimony from the hospital staff, the court shall order that such person's detention continue for the remaining time provided for emergency certificates or until the completion of probate proceedings under section 17a-498.

      (e) The person in charge of every private hospital for psychiatric disabilities in the state shall, on a quarterly basis, supply the Commissioner of Mental Health and Addiction Services in writing with statistics which state for the preceding quarter, the number of admissions of type and the number of discharges for that facility. Said commissioner may adopt regulations to carry out the provisions of this subsection.

      (f) The superintendent or director of any hospital for psychiatric disabilities shall immediately discharge any patient admitted and detained under this section who is later found not to meet the standards for emergency detention and treatment.

      (g) Any person admitted and detained at any hospital for psychiatric disabilities under this section shall, upon admission to such hospital, furnish the name of his or her next of kin or close friend. The superintendent or director of such hospital shall notify such next of kin or close friend of the admission of such patient and the discharge of such patient, provided such patient consents in writing to such notification of his or her discharge.

      (1949 Rev., S. 2649; 1953, 1955, S. 1492d; 1959, P.A. 454; 1967, P.A. 555, S. 68; 1971, P.A. 760, S. 2; June, 1971, P.A. 7, S. 1; P.A. 76-227, S. 4, 7; P.A. 77-4, S. 1, 2; 77-595, S. 4, 9; P.A. 78-126, S. 2; P.A. 79-515, S. 4, 6; P.A. 80-189, S. 1; P.A. 83-295, S. 20; P.A. 90-31, S. 1, 9; P.A. 95-257, S. 11, 48, 58; P.A. 96-170, S. 12, 23; P.A. 97-90, S. 5, 6; P.A. 00-196, S. 51.)

      History: 1959 act added provision for emergency certificate, clarified language re prior complaint, added sixty-day limitation for emergency confinement, and deleted requirements for notifying welfare commissioner of hospital admission and his instituting proceedings for commitment; 1967 act distinguished drug-dependent from mentally ill persons; 1971 acts allowed confinement of persons found by physician, rather than court, to be a danger to self or others for fifteen rather than thirty days under emergency certificate; P.A. 76-227 allowed commitment of "gravely disabled" person under emergency certificate, required that person be informed of right to examination by physician of his own choosing and generally clarified provisions; P.A. 77-4 changed effective date of 1976 act from March 1, 1977, to October 1, 1977; P.A. 77-595 essentially replaced previous provisions; P.A. 78-126 added Subsec. (g) re notification of next-of-kin; P.A. 79-515 replaced specific conditions which court may find person suffering from with finding that person is "subject to involuntary confinement" and finding as to advisability of continued treatment; P.A. 80-189 clarified limits on confinement under emergency certificate in Subsec. (a); P.A. 83-295 amended Subsec. (c) to provide that the reasonable compensation for counsel provided to persons unable to pay shall be established and paid by the judicial department; P.A. 90-31 amended Subsec. (c) by changing compensation of counsel from funds appropriated to the judicial department to the probate administration fund in an amount established by the probate court administrator; Sec. 17-183 transferred to Sec. 17a-502 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and replaced variants of "mental illness" and "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995; P.A. 96-170 amended Subsec. (c) by changing funding of compensation of counsel from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; P.A. 00-196 made a technical change in Subsec. (b).

      See Secs. 17a-507, 21a-240.

      Annotations to former section 17-183:

      Cited. 123 C. 650; 139 C. 471. The validity of any detention effected under this section is circumscribed in time and conditioned upon proper execution of a certificate by a physician licensed to practice in Connecticut. 144 C. 464. Cited. 169 C. 13. Cited. 199 C. 609, 612.

      Cited. 14 CS 33. Probate court lacks jurisdiction over mental health commitment of children or youths; superior court has jurisdiction pursuant to section 46b-121. 35 CS 241 et seq. Commitment order for minor was null and void since probate court lacks jurisdiction to entertain and determine matters involving the mental health commitment of children or youths. Id.

      Annotation to present section:

      Cited. 236 C. 625, 635.

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      Sec. 17a-503. (Formerly Sec. 17-183a). Detention by police officer prior to commitment. Issuance of emergency certificates by psychologist and certain clinical social workers and advanced practice registered nurses. (a) Any police officer who has reasonable cause to believe that a person has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled, and in need of immediate care and treatment, may take such person into custody and take or cause such person to be taken to a general hospital for emergency examination under this section. The officer shall execute a written request for emergency examination detailing the circumstances under which the person was taken into custody, and such request shall be left with the facility. The person shall be examined within twenty-four hours and shall not be held for more than seventy-two hours unless committed under section 17a-502.

      (b) Upon application by any person to the court of probate having jurisdiction in accordance with section 17a-497, alleging that any respondent has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled, and in need of immediate care and treatment in a hospital for psychiatric disabilities, such court may issue a warrant for the apprehension and bringing before it of such respondent and examine such respondent. If the court determines that there is probable cause to believe that such person has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled, the court shall order that such respondent be taken to a general hospital for examination. The person shall be examined within twenty-four hours and shall not be held for more than seventy-two hours unless committed under section 17a-502.

      (c) Any psychologist licensed under chapter 383 who has reasonable cause to believe that a person has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled, and in need of immediate care and treatment, may issue an emergency certificate in writing that authorizes and directs that such person be taken to a general hospital for purposes of a medical examination. The person shall be examined within twenty-four hours and shall not be held for more than seventy-two hours unless committed under section 17a-502.

      (d) Any clinical social worker licensed under chapter 383b or advanced practice registered nurse licensed under chapter 378 who (1) has received a minimum of eight hours of specialized training in the conduct of direct evaluations under this subsection as a member of any mobile crisis team, jail diversion program or assertive case management program operated by or under contract with the Department of Mental Health and Addiction Services, and (2) based upon the direct evaluation of a person, has reasonable cause to believe that such person has psychiatric disabilities and is dangerous to himself or herself or others or gravely disabled, and in need of immediate care and treatment, may issue an emergency certificate in writing that authorizes and directs that such person be taken to a general hospital for purposes of a medical examination. The person shall be examined within twenty-four hours and shall not be held for more than seventy-two hours unless committed under section 17a-502. The Commissioner of Mental Health and Addiction Services shall collect and maintain statistical and demographic information pertaining to emergency certificates issued under this subsection.

      (P.A. 77-595, S. 7; P.A. 93-227; P.A. 95-257, S. 48, 58; P.A. 00-147.)

      History: Sec. 17-183a transferred to Sec. 17a-503 in 1991; P.A. 93-227 amended Subsec. (b) by requiring examination within twenty-four hours rather than forty-eight hours and added Subsec. (c) re issuance of emergency certificate by psychologist; P.A. 95-257 replaced variants of "mental illness" and "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995; P.A. 00-147 made technical changes in Subsecs. (a) and (b) and added new Subsec. (d) re issuance of emergency certificates by certain clinical social workers and advanced practice registered nurses.

      Annotation to former section 17-183a:

      Subsec. (a):

      Cited. 23 CA 447, 450.

      Annotation to present section:

      Cited. 224 C. 29, 37.

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      Sec. 17a-504. (Formerly Sec. 17-184). Penalty for wrongful acts re the commitment or psychiatric disabilities of another person. Any person who wilfully and maliciously causes, or attempts to cause, or who conspires with any other person to cause, any person who does not have psychiatric disabilities to be committed to any hospital for psychiatric disabilities, and any person who wilfully certifies falsely to the psychiatric disabilities of any person in any certificate provided for in sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, and any person who, under the provisions of said sections relating to persons with psychiatric disabilities, wilfully reports falsely to any court or judge that any person has psychiatric disabilities, shall be fined not more than one thousand dollars or imprisoned not more than five years or both.

      (1949 Rev., S. 2656; P.A. 76-336, S. 23; P.A. 79-511, S. 10; P.A. 94-27, S. 8, 17; P.A. 95-257, S. 48, 58.)

      History: P.A. 76-336 deleted "in the state prison" with reference to imprisonment penalty; P.A. 79-511 added words "and maliciously"; Sec. 17-184 transferred to Sec. 17a-504 in 1991; P.A. 94-27 deleted reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 replaced variants of "mental illness" and "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995.

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      Sec. 17a-505. (Formerly Sec. 17-186). Escort of female patients to hospital. When any female with psychiatric disabilities is escorted to a state hospital for persons with psychiatric disabilities by a male guard, attendant or other employee of a correctional or reformatory institution, or by a male law enforcement officer, under the provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, the person so escorting her shall be accompanied by an adult member of her family or at least one woman.

      (1949 Rev., S. 2672; 1957, P.A. 377, S. 1; P.A. 94-27, S. 9, 17; P.A. 95-257, S. 48, 49, 58.)

      History: Sec. 17-186 transferred to Sec. 17a-505 in 1991; P.A. 94-27 deleted reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 replaced variants of term "mental illness" with "psychiatric disabilities", effective July 1, 1995.

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      Sec. 17a-506. (Formerly Sec. 17-187). Voluntary admissions. Notification of next of kin. Restriction on right to leave. Commitment proceedings. Continuation of confinement. Probable cause hearing. (a) Any hospital for psychiatric disabilities may receive for observation and treatment any person who in writing requests to be received; but no such person shall be confined in any such hospital for psychiatric disabilities for more than three business days, after he or she has given notice in writing of his or her desire to leave, unless an application for commitment has been filed in a court of competent jurisdiction. Such person shall be informed at the time of such admission concerning such patient's ability to leave after three days' notice pursuant to this subsection and shall also be informed that an application may be filed under subsection (e) of this section in which case such patient's ability to leave may be delayed in accordance with the provisions of said subsection.

      (b) Any person desiring admission to a hospital for psychiatric disabilities for care and treatment of psychiatric disabilities may be admitted as a patient without making formal or written application therefor if the superintendent deems such person clinically suitable for such admission, care and treatment, and any such patient may be free to leave such hospital at any time after admission.

      (c) Any person for whom a conservator of the person has been appointed in accordance with sections 45a-644 to 45a-662, inclusive, may request admission to a hospital for psychiatric disabilities and such hospital may admit such person. The hospital shall notify the conservator and the probate court which appointed the conservator of the admission within five business days of such admission. The probate court shall, within ten business days after such notice, appoint a physician who is a psychiatrist from the panel provided by the Commissioner of Mental Health and Addiction Services as set forth in subsection (c) of section 17a-498. The physician shall examine the patient within ten business days of his appointment to determine if the patient has given informed consent to his or her hospitalization. The physician shall make a report forthwith to the court. If the court concludes that the patient did not give informed consent to the hospitalization, the court, on its own motion, may proceed in the manner provided in subsections (a), (b), (c) and (f) of section 17a-498. All costs and expenses, including Probate Court entry fees, shall be paid by the patient or, if he has a conservator of the estate, by such conservator.

      (d) Whenever a person is admitted to a hospital for psychiatric disabilities under the provisions of this section, such person, if he or she consents in writing at the time of admission, shall furnish the name of his or her next of kin or a close friend. The person in charge of such hospital shall notify such next of kin or close friend of the admission of such patient and the discharge of such patient, provided such patient consents in writing to any such notification.

      (e) Whenever a person is confined to a hospital for psychiatric disabilities under the provisions of this section and gives notice of the desire to leave under subsection (a) hereof, any person, including the person in charge of such hospital, may institute proceedings for his or her commitment in the court of probate having jurisdiction in the town where such hospital is located. In such event, such confinement shall be continued for an additional period of time in order for the respondent to prepare for the hearing to be held upon such application, provided no such confinement shall be continued for more than fifteen days from the date of the filing of the notice in writing of the desire to leave, and provided further such person shall not be confined in any hospital, either public or private, upon an emergency certificate issued prior to discharge and within fifteen days excluding Saturdays, Sundays and holidays, after such person gives notice of his or her desire to leave, as provided in subsection (a) of this section. Such respondent shall have the right to a probable cause hearing under the provisions of section 17a-502.

      (1949 Rev., S. 2655; 1963, P.A. 320; P.A. 76-227, S. 5, 7; P.A. 77-4, S. 1, 2; 77-595, S. 5, 9; P.A. 78-126, S. 1; P.A. 80-189, S. 2; P.A. 83-128; P.A. 95-257, S. 11, 48, 58; June 18 Sp. Sess. P.A. 97-11, S. 55, 65.)

      History: 1963 act added Subsec. (b); P.A. 76-227 required that person be notified when admitted of his ability to leave after ten days' notice; P.A. 77-4 changed effective date of 1976 act from March 1, 1977, to October 1, 1977; P.A. 77-595 replaced ten-day confinement with five-day confinement, excluding weekends and holidays and added reference to applications under newly added Subsec. (c) re commitment proceedings instituted upon patient giving notice of desire to leave; P.A. 78-126 inserted new Subsec. (c) re next-of-kin and redesignated former Subsec. (c) as Subsec. (d); P.A. 80-189 added proviso in Subsec. (d) re confinement under emergency certificate after patient gives notice of desire to leave; P.A. 83-128 inserted new Subsec. (c) re procedure for voluntary admission of person for whom a conservator of the person has been appointed, relettering former Subsecs. (c) and (d) accordingly; Sec. 17-187 transferred to Sec. 17a-506 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995; June 18 Sp. Sess. P.A. 97-11 amended Subsec. (a) to make technical change and to reduce confinement time, after giving of notice, from five days, excluding Saturdays, Sundays and holidays, to three business days, effective July 1, 1997.

      Annotations to former section 17-187:

      Persuading plaintiff by fraud and deceit to sign voluntary commitment held a tort "unaccompanied by force" under former statute of limitation. 123 C. 651. To impose duty on institution to inform inmate of right to obtain release, something more than expression of desire must be shown. 124 C. 170.

      Release of sixteen-year-old voluntary patient required, when. 30 CS 320. Cited. 33 CS 193.

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      Sec. 17a-507. (Formerly Sec. 17-187a). Admission to general hospital having psychiatric facilities. (a) Any general hospital having psychiatric facilities for care of inpatients may admit any person for observation and treatment without formal or written application if such hospital deems such person clinically suitable for such admission, observation and treatment, and any such person shall be free to leave such hospital at any time.

      (b) Any such hospital may admit and detain persons under the provisions of sections 17a-498, 17a-502 and 17a-506 in the same manner as hospitals for psychiatric disabilities, including persons admitted under subsection (a) for whom a certificate of emergency detention or a commitment order of a probate court has been made.

      (1963, P.A. 277; P.A. 95-257, S. 48, 58.)

      History: Sec. 17-187a transferred to Sec. 17a-507 in 1991; P.A. 95-257 replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995.

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      Sec. 17a-508. (Formerly Sec. 17-188). Commitment after expiration of specified period. If any person who has been confined in any state hospital for psychiatric disabilities for a specified period of time pursuant to the order of any court has psychiatric disabilities at the expiration of such period, the person in charge of such hospital shall cause proceedings for the commitment of such person to be instituted in the probate court having jurisdiction in the town in which such hospital is located.

      (1949 Rev., S. 2657; September, 1957, P.A. 11, S. 21; 1959, P.A. 243; P.A. 95-257, S. 48, 58.)

      History: 1959 act deleted former requirement that welfare commissioner, upon certificate from superintendent or other person, cause proceedings to be instituted, and provided that person in charge of hospital do so; Sec. 17-188 transferred to Sec. 17a-508 in 1991; P.A. 95-257 replaced variants of "mental illness" and "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995.

      Cited. 230 C. 400, 408.

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      Sec. 17a-509. (Formerly Sec. 17-191). Placement of persons with psychiatric disabilities in boarding or convalescent hospitals. Not applicable to person convicted of or charged with crime. The superintendent or director of any state-operated facility, as defined in subsection (c) of section 17a-458, may place any person with psychiatric disabilities committed to such state-operated facility, if such person is no longer in need of active psychiatric treatment in such state-operated facility, in a private boarding home for mental patients licensed by the Department of Public Health in accordance with sections 19a-490 to 19a-503, inclusive, or a chronic and convalescent hospital, provided such person shall, despite such transfer, remain subject to the medical supervision of the superintendent or director of such state-operated facility, and such superintendent or director may, if medically indicated, order and provide for the return of any such patient to such state-operated facility, subject to any limitations of the term of commitment contained in the order of commitment under which such patient was committed to such state-operated facility. The provisions of this section shall not apply to any person who is under a term of imprisonment or who has not met the requirements of the condition of release set to provide the reasonable assurance of such person's appearance in court.

      (1955, S. 1512d; 1957, P.A. 79; 1959, P.A. 189; P.A. 75-528, S. 2, 15; P.A. 76-190, S. 6, 12; P.A. 79-610, S. 28; P.A. 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 48, 58; P.A. 00-196, S. 52.)

      History: 1959 act deleted former Subsec. (b) which required notifying welfare commissioner of transfer or return; P.A. 75-528 included directors, replaced state hospitals for the mentally ill with state-operated facilities and deleted Subsec. (b) re licensing of private boarding homes and authorization of chronic and convalescent hospitals; P.A. 76-190 excluded from provisions person imprisoned or not meeting release conditions which provide reasonable assurance of their appearance in court; P.A. 79-610 made department of health services rather than department of mental health licensing authority for private boarding homes for mental patients and replaced reference to Sec. 17-227 with references to Secs. 19-576 to 19-586; Sec. 17-191 transferred to Sec. 17a-509 in 1991; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health and substituted "person with psychiatric disabilities" for "mentally ill person", effective July 1, 1995; P.A. 00-196 made a technical change.

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      Sec. 17a-510. (Formerly Sec. 17-192). Release or transfer; procedure. Any person who is a patient in a hospital for psychiatric disabilities upon the order of any court of probate, or his or her representative, may make application to the court of probate for the district in which such hospital is located for his or her release from said hospital. Upon receipt of any such application, such court shall assign a time, not later than ten days thereafter, and a place for hearing such application, and shall cause reasonable notice thereof to be given to the applicant, the superintendent of the hospital where the applicant is confined and to such relative or relatives and friends as it deems advisable. Such notice shall inform the applicant that he or she has a right to be present at the hearing and to present evidence at the hearing; that he or she has a right to counsel; that he or she, if indigent, has a right to have counsel appointed to represent him or her; and that he or she has a right to cross-examine witnesses at any hearing upon such application. Notwithstanding the provisions of chapter 899, hospital records shall be admissible in evidence. Nothing herein shall prevent timely objection to the admissibility of evidence in accordance with the rules of civil procedure. Unless the court finds that further confinement of the applicant is necessary in accordance with the standards set forth in section 17a-498, the court shall order the release of such person. All of the expenses in connection with an application filed under this section shall be paid by the applicant, unless the applicant is indigent or otherwise unable to pay such expenses, in which case such expenses shall be paid by the state from funds appropriated to the Department of Mental Health and Addiction Services, in accordance with rates established by said department, and attorney's fees shall be established by, and paid from funds appropriated to, the Judicial Department, however, if funds have not been included in the budget of the Judicial Department for such attorney's fees, such fees shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund, provided in no event shall the expenses be paid for any one applicant for more than two hearings in any one year, including the hearing provided for in subsection (g) of section 17a-498. Such court may, for reasonable cause shown, order any person confined in a hospital for psychiatric disabilities to be removed to any other hospital for psychiatric disabilities in this state. If the officers, directors or trustees of a state hospital for psychiatric disabilities are notified by the superintendent of such institution or other person in a managerial capacity that he has reason to believe that any person committed thereto by order of a probate court does not have psychiatric disabilities or is not a suitable subject to be confined in such institution, or is appropriate for voluntary status, such officers, directors or trustees may discharge such person or convert the status of such person to voluntary status pursuant to section 17a-506. The superintendent or other director of such institution shall notify such person's next of kin or close friend of such person's discharge, provided such patient consents in writing to such notification.

      (1949 Rev., S. 2652; P.A. 78-126, S. 3; P.A. 79-515, S. 5; P.A. 80-304, S. 2; 80-483, S. 76, 186; P.A. 83-295, S. 21; P.A. 85-523, S. 5, 9; P.A. 89-326, S. 4, 7; P.A. 94-204, S. 3, 5; P.A. 95-257, S. 11, 48, 58; P.A. 96-170, S. 13, 23; P.A. 97-90, S. 5, 6; June Sp. Sess. P.A. 98-1, S. 13, 14, 121.)

      History: P.A. 78-126 added provision re notification of next-of-kin of patient's discharge; P.A. 79-515 detailed procedure for release of patient and assessment of costs, replacing previous statement that court may order discharge upon application and satisfactory proof that person in question has been restored to reason; P.A. 80-304 replaced "court of competent jurisdiction" with "court of probate"; P.A. 80-483 made technical changes; P.A. 83-295 provided that fees for attorneys who represent indigent applicants shall be "established by" the judicial department; P.A. 85-523 provided application expenses shall be paid by department of mental health "in accordance with rates established by said department"; P.A. 89-326 provided that attorney's fees shall be established by the probate court administrator, rather than by the judicial department, and be paid from the probate court administration fund, rather than funds appropriated to the judicial department; Sec. 17-192 transferred to Sec. 17a-510 in 1991; P.A. 94-204 added provisions re persons appropriate for voluntary status pursuant to Sec. 17a-506, effective June 7, 1994; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and replaced variants of "mental illness" and "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995; P.A. 96-170 changed funding of expenses of application from Probate Court Administration Fund to funds appropriated to Judicial Department, unless funds not included in budget of Judicial Department for such purpose, effective July 1, 1998; P.A. 97-90 revised effective date of P.A. 96-170 but without affecting this section; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998.

      See Sec. 17a-280 re recommitment and transfers of mentally retarded persons.

      See Sec. 17a-451 re duties of Commissioner of Mental Health and Addiction Services.

      See Sec. 17a-474 re release and transfer of inmates of humane institutions.

      See Sec. 17a-523 re inquiry into whether person is wrongly confined.

      Annotations to former section 17-192:

      Cited. 173 C. 473, 478, 485, 487. Cited. 192 C. 520, 527; Id., 532, 537.

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      Sec. 17a-511. (Formerly Sec. 17-193). Transfer of patients by agreement. (a) Any person who has been committed by any court to a hospital for psychiatric disabilities may be transferred to any other hospital for psychiatric disabilities upon agreement of the superintendents of the respective institutions from and to which it is desired to make such transfer, subject to the approval of the Commissioner of Mental Health and Addiction Services, or, in the case of a person under eighteen years of age, the approval of the Commissioner of Children and Families. Such agreement shall be in writing, executed in triplicate and in accordance with a form prescribed by the Attorney General, which form shall be uniform throughout the state. One copy of such agreement shall be filed for record in the court by which such person was committed and one copy retained in the files of each of the institutions participating in such transfer. Any such agreement shall have the same effect as an order of the court committing the person named therein. The conservator, overseer or any member of the family of any person so transferred, or his or her next friend, may make application to the court which made the order of commitment, for a revocation or modification of such agreement, and thereupon such court shall order such notice of the time and place of hearing thereon as it finds reasonable and upon such hearing may revoke, modify or affirm such transfer.

      (b) Any person who has been voluntarily admitted to a hospital for psychiatric disabilities pursuant to section 17a-506 may, with the informed consent of such person, be transferred to any other hospital for psychiatric disabilities. If that person is subject to the jurisdiction of the Commissioner of Mental Health and Addiction Services, the transfer shall require the agreement of the superintendents of the respective institutions from and to which it is desired to make the transfer and the approval of the Commissioner of Mental Health and Addiction Services. If that person is under eighteen years of age and subject to the jurisdiction of the Commissioner of Children and Families, the transfer shall require the agreement of the superintendents of the respective institutions from and to which it is desired to make the transfer and the approval of the Commissioner of Children and Families. An agreement to transfer under this subsection shall be in writing, executed in triplicate and in accordance with a form prescribed by the Attorney General, which form shall be uniform throughout the state. One copy of the agreement shall be retained in the files of each of the institutions participating in the transfer and one copy shall be provided to the person who has been voluntarily admitted or to that person's authorized representative. A transfer under this subsection shall not affect the person's rights under the voluntary admission.

      (1949 Rev., S. 2667; 1957, P.A. 40; P.A. 75-603, S. 11, 15; P.A. 93-91, S. 1, 2; P.A. 95-257, S. 11, 48, 58; P.A. 99-84, S. 1.)

      History: P.A. 75-603 required approval of commissioner of children and youth services for transfers of patients under eighteen; Sec. 17-193 transferred to Sec. 17a-511 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995; P.A. 99-84 divided section into subsections and added Subsec. (b) re transfer of person voluntarily admitted to hospital for psychiatric disabilities.

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      Sec. 17a-512. (Formerly Sec. 17-194b). Definitions. As used in sections 17a-499, 17a-509, 17a-512 to 17a-517, inclusive, 17a-520 and 17a-521, the term "hospital" shall mean a hospital for psychiatric disabilities or a mental hospital or institution which is administered by the Department of Mental Health and Addiction Services.

      (P.A. 76-190, S. 1, 12; P.A. 95-257, S. 11, 48, 58.)

      History: Sec. 17-194b transferred to Sec. 17a-512 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995.

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      Sec. 17a-513. (Formerly Sec. 17-194c). Voluntary admission of inmates of correctional institutions in hospital for psychiatric disabilities. The provisions of subsection (a) of section 17a-506 shall apply to any person who is in the custody of the Commissioner of Correction provided that no such person shall be received in a hospital for observation and treatment unless a physician designated by the Commissioner of Correction notifies in writing both the Commissioner of Correction and the Commissioner of Mental Health and Addiction Services that such person is in need of observation and treatment in a hospital for psychiatric disabilities. No such person shall be confined in any such hospital for more than ten days after he has given written notice of his desire to leave, without commitment, pursuant to the provisions of section 17a-498, by the court of probate for the district wherein such person is hospitalized. In the absence of such commitment, such person, if in the custody of the Commissioner of Correction, shall be returned to any institution administered by the Department of Correction as the Commissioner of Correction shall designate, unless his custody in the Commissioner of Correction has terminated, in which case he shall be discharged.

      (P.A. 76-190, S. 2, 12; P.A. 95-257, S. 11, 48, 58.)

      History: Sec. 17-194c transferred to Sec. 17a-513 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995.

      Annotations to former section 17-194c:

      Cited. 198 C. 397, 405. Cited. 205 C. 27, 29, 36. Cited. 224 C. 168, 183, 188.

      Cited. 21 CA 172, 180.

      Annotation to present section:

      Cited. 224 C. 168, 183, 188.

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      Sec. 17a-514. (Formerly Sec. 17-194d). Emergency confinement in hospital for psychiatric disabilities of inmates of correctional institutions. Any person who is in the custody of the Commissioner of Correction who has suddenly become in need of care and treatment in a hospital for a psychiatric disorder, other than drug dependence, whom a physician designated by the Commissioner of Correction finds is a danger to himself or others or to the security or order of the institution wherein he is confined may be confined in a hospital under an emergency certificate as hereinafter provided, for not more than fifteen days without order of any court. If a written complaint for commitment of such person has been filed in the court of probate for the district wherein such person is hospitalized prior to the expiration of such fifteen days such confinement shall be continued under such emergency certificate for an additional thirty days, without further order, not more than forty-five days in all, until the completion of the probate proceedings. At any time such person is found not to be a person with psychiatric disabilities, the superintendent of such hospital shall immediately return him to any institution administered by the Department of Correction as the Commissioner of Correction shall designate, unless his custody in the Commissioner of Correction has terminated, in which case he shall be discharged. The emergency certificate provided for in this section shall be left with the person in charge of such hospital at the time of delivery of the person to such hospital and such certificate shall be dated not more than three days prior to its delivery, signed by a physician licensed to practice medicine and surgery under the provisions of chapter 370, who is designated by the Commissioner of Correction. Such certificate shall state the date of the personal examination of the person to be confined, which shall be not more than three days prior to the date of signature of the certificate, shall state the findings of the physician relative to the physical and mental condition of the person and the history of the case, if known, and shall state that it is the opinion of the physician that the person examined by him is in need of immediate care in a hospital. Prior to hospitalization under the provisions of this section, any person shall have the right to be examined by a physician of his own choosing, and if such physician concludes from his examination that such person does not have psychiatric disabilities, such person shall not be admitted to or detained in a hospital under the provisions of this section. If a person with psychiatric disabilities has been admitted to any hospital under the provisions of this section, the person in charge thereof shall cause proceedings to be instituted for the commitment, pursuant to the provisions of section 17a-498, of such person in the court of probate having jurisdiction in the town where such hospital is located. Any irregularity in the temporary confinement of such person shall be deemed cured by the judge of probate ordering his commitment, and no such commitment shall be invalid because of such irregularity.

      (P.A. 76-190, S. 3, 12; P.A. 81-472, S. 31, 159; P.A. 90-209, S. 17; P.A. 95-257, S. 48, 58.)

      History: P.A. 81-472 made technical changes; P.A. 90-209 deleted provisions re confinement under emergency certificates for certain drug-dependent persons; Sec. 17-194d transferred to Sec. 17a-514 in 1991; P.A. 95-257 replaced variants of "mentally ill" with "psychiatric disabilities", effective July 1, 1995.

      Annotations to former section 17-194d:

      Cited. 198 C. 397, 405. Cited. 205 C. 27, 29, 36. Cited. 210 C. 519, 528.

      Cited. 21 CA 172, 180.

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      Sec. 17a-515. (Formerly Sec. 17-194e). Commitment proceedings for inmates of correctional institutions to hospitals for psychiatric disabilities. The provisions of section 17a-498 shall apply to any person regarding whom proceedings for commitment are being instituted under section 17a-513 or 17a-514, and to any other person in the custody of the Commissioner of Correction, except that if the court revokes the order of commitment, the person shall be returned to any institution administered by the Department of Correction as the Commissioner of Correction shall designate, unless his custody in the Commissioner of Correction has terminated, in which case he shall be discharged.

      (P.A. 76-190, S. 4, 12.)

      History: Sec. 17-194e transferred to Sec. 17a-515 in 1991.

      Annotations to former section 17-194e:

      Cited. 198 C. 397, 405. Cited. 205 C. 27, 29, 36, 38. Cited. 210 C. 519, 528. Cited. 224 C. 168, 187.

      Cited. 21 CA 172, 180.

      Annotations to present section:

      Cited. 224 C. 168, 187. Cited. 230 C. 400, 406.

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      Sec. 17a-516. (Formerly Sec. 17-194f). Discharge from hospital of inmates of correctional institutions. The provisions of section 17a-510 shall apply to any person committed to such hospital pursuant to sections 17a-514 and 17a-515, except that upon such discharge (1) the person shall be returned to any such institution administered by the Department of Correction as the Commissioner of Correction shall designate, unless his custody in the Commissioner of Correction has terminated and (2) the Commissioner of Correction shall notify the prosecuting official of any court in which any such person has criminal charges pending against him.

      (P.A. 76-190, S. 7, 12.)

      History: Sec. 17-194f transferred to Sec. 17a-516 in 1991.

      Annotations to former section 17-194f:

      Cited. 205 C. 27, 29, 36, 38. Cited. 210 C. 519, 528.

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      Sec. 17a-517. (Formerly Sec. 17-194g). Hospitalization in Whiting Forensic Institute of dangerous or desperate individual. If any person in the custody of the Commissioner of Correction who is brought to a hospital pursuant to the provisions of sections 17a-499, 17a-509, 17a-512 to 17a-517, inclusive, 17a-520 and 17a-521 is a desperate or dangerous individual, such person shall be hospitalized in the Whiting Forensic Division. If the Whiting Forensic Division is unable to accommodate such transfer, then such person shall remain in the custody of the commissioner at a correctional institution, there confined under appropriate care and supervision. Under no circumstances shall an inmate with psychiatric disabilities requiring maximum security conditions be placed in a state hospital for persons with psychiatric disabilities which does not have the facilities and trained personnel to provide appropriate care and supervision for such individuals.

      (P.A. 76-190, S. 8, 12; P.A. 95-257, S. 20, 48, 50, 58.)

      History: Sec. 17-194g transferred to Sec. 17a-517 in 1991; P.A. 95-257 replaced variants of term "mental illness" with "psychiatric disabilities" and substituted "Whiting Forensic Division" for "Whiting Forensic Institute", effective July 1, 1995.

      Annotations to former section 17-194g:

      Cited. 198 C. 397, 405. Cited. 205 C. 27, 29, 36, 38.

      Cited. 21 CA 172, 180.

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      Sec. 17a-518. (Formerly Sec. 17-195). Transportation expense from community correctional centers to hospital and vice versa. There shall be allowed and paid by the state for transporting any person from a community correctional center to any state hospital, or returning any person from such a hospital to a community correctional center, twenty-five cents per mile, to be computed from the community correctional center to the hospital and return, and for any necessary assistants in such cases, five dollars, the necessity of such assistance to be proved by the oath of the officer.

      (1955, S. 1505d; 1963, P.A. 642, S. 14; 1969, P.A. 297.)

      History: 1963 act substituted "state" for "county" jail; 1969 act substituted "community correctional center" for "jail"; Sec. 17-195 transferred to Sec. 17a-518 in 1991.

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      Sec. 17a-519. (Formerly Sec. 17-196). Fees, compensation and costs. Each officer or indifferent person making legal service of any order, notice, warrant or other paper under the provisions of sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, shall be entitled to the same compensation as is by law provided for like services in civil causes. Physicians, for examining a person alleged to have psychiatric disabilities and making a certificate as provided by said sections, shall be entitled to a reasonable compensation established by the Commissioner of Mental Health and Addiction Services. The fees of the courts of probate shall be such as are provided by law for similar services. The Superior Court, on an appeal, may tax costs at its discretion.

      (1949 Rev., S. 2689; P.A. 85-523, S. 6, 9; P.A. 94-27, S. 10, 17; P.A. 95-257, S. 11, 48, 58.)

      History: P.A. 85-523 transferred authority to set compensation rate from probate court to mental health commissioner; Sec. 17-196 transferred to Sec. 17a-519 in 1991; P.A. 94-27 deleted reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted "have psychiatric disabilities" for "be mentally ill", effective July 1, 1995.

      See Sec. 52-261 re fees and expenses of officers and persons serving process.

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      Sec. 17a-520. (Formerly Sec. 17-197). Commitment at expiration of term of imprisonment. When any person has been transferred from any correctional institution to a state hospital for persons with psychiatric disabilities and is confined in such hospital at the time of the expiration of the term of imprisonment for which he was committed and then has psychiatric disabilities, the superintendent of such hospital shall cause proceedings for the commitment of such person to be instituted in the court of probate having jurisdiction in the town where such hospital is located, unless such person is already under an order of commitment of a court of probate. The court of probate shall appoint two physicians of recognized standing, and such physicians shall fully investigate the facts of the case and report to the court. If such physicians report that such person has psychiatric disabilities and the court so finds, it may order such person detained in such hospital until he has recovered his sanity. Any person committed under the provisions of this section may be paroled under the provisions of section 17a-521 or placed in a licensed boarding home under the provisions of section 17a-509. During the pendency of any application for commitment under the provisions of this section, any person may be detained at any state hospital for persons with psychiatric disabilities for a period not exceeding thirty days beyond the expiration of his sentence. Any person aggrieved by any order of a probate court under the provisions hereof may within thirty days appeal to the superior court for the judicial district having jurisdiction.

      (1949 Rev., S. 2669; 1959, P.A. 223; P.A. 76-190, S. 9, 12; P.A. 78-280, S. 2, 127; P.A. 95-257, S. 52, 58.)

      History: 1959 act deleted requirement for certifying facts to welfare commissioner and requiring him to institute commitment proceedings; P.A. 76-190 excluded from provision re institution of commitment proceedings involving prisoners in hospitals whose terms of imprisonment have expired those who are already under commitment order; P.A. 78-280 replaced "county" with "judicial district"; Sec. 17-197 transferred to Sec. 17a-520 in 1991; P.A. 95-257 replaced variants of term "mental illness" with "psychiatric disabilities", effective July 1, 1995.

      Cited. 230 C. 400, 408.

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      Sec. 17a-521. (Formerly Sec. 17-198). Temporary leaves from institution. Return or recall of patient. Exception. Except as otherwise provided in this section, the superintendent or keeper of any institution used wholly or in part for the care of persons with psychiatric disabilities or the director of the Whiting Forensic Division may, under such provisions or agreements as he deems advisable for psychiatric supervision, permit any patient of the institution under his charge temporarily to leave such institution, in charge of his guardian, relatives or friends, or by himself. A person confined to a hospital for psychiatric disabilities under the provisions of section 17a-584 may leave the hospital temporarily as provided under the provisions of section 17a-587. In the case of committed persons, the original order of commitment shall remain in force and effect during absence from the institution either on authorized or unauthorized leave until such patient is officially discharged by the authorities of such institution or such order is superseded by a court of competent jurisdiction. In the case of a patient on authorized leave, if it appears to be for the best interest of the public or for the interest and benefit of such patient, he may return or be returned by his guardian, relatives or friends or he may be recalled by the authorities of such institution, at any time during such temporary absence and prior to his official discharge. With respect both to patients on authorized and unauthorized leave, state or local police shall, on the request of the authorities of any such institution, assist in the rehospitalization of any patient on temporary leave or of any other patient committed to such institution by a court of competent jurisdiction or any person who is a patient under the provisions of section 17a-502, if, in the opinion of such authorities, the patient's condition warrants such assistance. The expense, if any, of such recall or return shall, in the case of an indigent, be paid by those responsible for his support or, in the case of a pauper, by the state. Leave under this section shall not be available to any person who is under a term of imprisonment or who has not met the requirements of the condition of release set to provide reasonable assurance of such person's appearance in court.

      (1949 Rev., S. 2653; 1959, P.A. 365; 1961, P.A. 237; 1963, P.A. 314; 1967, P.A. 261, S. 1; 555, S. 70; P.A. 73-40; 73-616, S. 13; P.A. 75-476, S. 4, 6; P.A. 76-190, S. 10, 12; 76-435, S. 55, 82; P.A. 83-486, S. 3; P.A. 84-294, S. 11; P.A. 85-506, S. 24, 32; P.A. 90-209, S. 18; P.A. 95-257, S. 20, 48, 58.)

      History: 1959 act added provision for police assistance in rehospitalization; 1961 act substituted "provisions" for "restrictions" and "patients" for "inmates", and deleted the one-year time limit for such leaves; 1963 act provided that original commitment order remains in effect until official discharge "in the case of committed persons"; 1967 acts included directors of institutions for the drug dependent in provisions of section and struck out "the criminally mentally ill" in provision re construction of provisions; P.A. 73-40 made provisions applicable to directors of security treatment center; P.A. 73-616 substituted Sec. 53a-47 for repealed Sec. 54-37; P.A. 75-476 removed provision forbidding application of section to those against whom criminal proceedings are pending; P.A. 76-190 added provision excluding from applicability of section those imprisoned or who have not met release conditions set to reasonably assure their appearance in court; P.A. 76-435 replaced "security treatment center" with "Whiting Forensic Institute"; P.A. 83-486 replaced provision that a patient hospitalized under the provisions of Sec. 53a-47 may be permitted by the superintendent or keeper to temporarily leave the institution with provision that such a patient may leave the institution temporarily as provided under the provisions of Subsec. (f) of Sec. 53a-47; P.A. 84-294 added language re patients on authorized or unauthorized leaves and added provision concerning police assistance for rehospitalization of any patient on temporary leave or any other patient committed to such institution by a court of competent jurisdiction or any person who is a patient under section 17-183; P.A. 85-506 added "Except as otherwise provided in this section", rephrased provision concerning temporary leaves and replaced references to repealed Sec. 53a-47 with references to Secs. 17-257e and 17-257h; P.A. 90-209 deleted reference to institutions for the care of drug-dependent persons; Sec. 17-198 transferred to Sec. 17a-521 in 1991; P.A. 95-257 replaced "mental illness" and "mentally ill" with variant references to "psychiatric disabilities" and "Whiting Forensic Institute" with "Whiting Forensic Division", effective July 1, 1995.

      See Sec. 21a-240 for definitions applicable with respect to drug dependency.

      Annotation to former section 17-198:

      Legal presumptions created by commitment entirely removed by discharge of patient as cured. 113 C. 604.

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      Sec. 17a-522. (Formerly Sec. 17-199). Recommitment of escaped persons. The name of any person who has escaped from any institution for persons with psychiatric disabilities and has not been returned to such institution within one year thereafter shall be stricken from the records of such institution and such person shall not thereafter be returned to such institution except upon further commitment by some court of competent jurisdiction. Upon such further commitment, the state or local police department shall, on the request of the authorities of any such institution, assist in the rehospitalization of such patient if, in the opinion of such authorities, the patient's condition warrants such assistance. The expense, if any, of such return shall be paid by the patient or his legally liable relatives or, if none, by the state, but the expense provision herein contained shall not be construed to apply against a rehospitalized patient when criminal proceedings are pending against him.

      (1949 Rev., S. 2658; 1967, P.A. 555, S. 71; P.A. 73-453; P.A. 90-209, S. 19; P.A. 95-257, S. 48, 58.)

      History: 1967 act added "or drug dependent"; P.A. 73-453 added provisions re police assistance for rehospitalization of escaped patient and assessment of expense of return; P.A. 90-209 deleted reference to institutions for drug- dependent persons; Sec. 17-199 transferred to Sec. 17a-522 in 1991; P.A. 95-257 replaced "the mentally ill" with "persons with psychiatric disabilities", effective July 1, 1995.

      Annotation to former section 17-199:

      After a person's name is stricken from the records, he is no longer subject to legal confinement and future periods cannot be calculated in the five years of incurable mental illness prerequisite to divorce. 16 CS 129.

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      Sec. 17a-523. (Formerly Sec. 17-200). Commission to inquire whether person is wrongly confined. Any judge of the Superior Court, on information to him that any person is unjustly deprived of his liberty by being detained or confined in any hospital for psychiatric disabilities, or in any place for the detention or confinement of persons with psychiatric disabilities, or in custody and control of any individual under an order of a court of probate, may appoint a commission of not fewer than two persons, who, at a time and place appointed by them, shall hear any evidence offered touching the case. Such commission need not summon the party claimed to be unjustly confined before it, but shall have one or more private interviews with him and shall also make inquiries of the physicians and other persons having charge of such place of detention or confinement, and within a reasonable time thereafter report to such judge the facts and its opinion thereon. If, in its opinion, such person is not legally detained or confined in such place, or is cured, or his confinement is no longer beneficial or advisable, such judge shall order his discharge; but no commission shall be appointed with reference to the same person more often than once in six months. The judge before whom any of the proceedings provided for in this section are had may tax reasonable costs at his discretion.

      (1949 Rev., S. 2682; P.A. 86-371, S. 15, 45; P.A. 90-271, S. 12, 24; P.A. 95-257, S. 48, 58.)

      History: P.A. 86-371 deleted reference to detention or confinement in "any inebriate hospital in this state"; P.A. 90-271 made a technical change; Sec. 17-200 transferred to Sec. 17a-523 in 1991; P.A. 95-257 replaced variants of "mental illness" and "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995.

      See Sec. 17a-510 re procedure for release or transfer of patient in hospital for the mentally ill.

      See Sec. 46b-1 re wrongful confinement considered as family relations matter.

      Annotations to former section 17-200:

      Cited. 173 C. 473, 482, 485.

      Inquest procedure violates due process. 30 CS 320.

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      Sec. 17a-524. (Formerly Sec. 17-201). Writ of habeas corpus. Each person confined in a hospital for psychiatric disabilities in this state shall be entitled to the benefit of the writ of habeas corpus, and the question of the legality of such confinement in a hospital for psychiatric disabilities shall be determined by the court or judge issuing such writ. Such writ shall be directed to the superintendent or director of the hospital and, if illegality or invalidity of the commitment is alleged in such writ, a copy shall also be directed to the judge of the committing court as to such claim, and such judge shall be represented by the state's attorney for the judicial district wherein such committing court is located. If the court or judge before whom such case is brought decides that the confinement is not illegal, such decision shall be no bar to the issuing of such writ a second time, if it is claimed that such person is no longer subject to the condition for which he was confined. Such writ may be applied for by such confined person or on his behalf by any relative, friend or person interested in his welfare. No court fees shall be charged against the superintendent or director of the hospital or the judge.

      (1949 Rev., S. 2654; 1959, P.A. 461; 1967, P.A. 555, S. 72; P.A. 78-280, S. 2, 127; P.A. 79-515, S. 7; P.A. 95-257, S. 48, 58.)

      History: 1959 act provided for determining question of legality of commitment, stated to whom writs to be directed and prohibited assessment of court fees against hospital superintendent or probate judge; 1967 act added drug dependent as separate category; P.A. 78-280 replaced "county" with "judicial district"; P.A. 79-515 included reference to hospital directors and replaced references to commitment for mental illness or drug dependence and determination of mental illness or drug dependence with references to confinement for mental illness and determination of legality or illegality of confinement; Sec. 17-201 transferred to Sec. 17a-524 in 1991; P.A. 95-257 replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995.

      See Sec. 21a-240 for definitions relating to drug dependency.

      Annotations to former section 17-201:

      Cited. 168 C. 498. Cited. 173 C. 473, 483, 485. Cited. 174 C. 464, 471. Cited. 189 C. 566, 567.

      Cited. 30 CS 320.

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      Sec. 17a-525. (Formerly Sec. 17-202). Appeal. Any person aggrieved by an order, denial or decree of the Court of Probate under sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, including any relative or friend, on behalf of any person found to have psychiatric disabilities, shall have the right of appeal as in other cases. The Court of Probate, on an appeal, shall make all necessary orders of notice to the parties to the proceedings and to such other persons as it deems advisable and may require the appellant to give bond, with sufficient surety, to the state to prosecute such appeal to effect and to pay all the legal costs and expenses thereof if unsuccessful, and may refuse to allow such appeal unless such bond is given or, at its discretion, allow such appeal without such bond. On the trial of an appeal, the Superior Court may require the state's attorney or, in his absence, some other practicing attorney of the court to be present for the protection of the interests of the state and of the public.

      (1949 Rev., S. 2673; P.A. 94-27, S. 11, 17; P.A. 95-257, S. 48, 58.)

      History: Sec. 17-202 transferred to Sec. 17a-525 in 1991; P.A. 94-27 deleted reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 substituted "have psychiatric disabilities" for "be mentally ill", effective July 1, 1995.

      Annotations to former section 17-202:

      Cited. 30 CS 320. Appeal from civil commitment proceeding shall be tried in superior court de novo. 33 CS 209.

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      Sec. 17a-526. (Formerly Sec. 17-203). Commitment suspended on bond for confinement. The Court of Probate, before or pending or in the absence of an appeal, and the Superior Court, after finding on an appeal that such person has psychiatric disabilities, may, in its discretion, suspend the commitment of such person to a hospital for psychiatric disabilities and continue such suspension for such time as it deems advisable, if any suitable person gives a bond to the satisfaction of such court, conditioned for the confinement of such person in a suitable place of detention other than a hospital for psychiatric disabilities and for answering all damages which any person suffers in consequence of such suspension; but, in such case, the court may make the order of commitment whenever reasonable cause therefor is shown. After a person has been committed to a hospital for psychiatric disabilities, the court may suspend his confinement in such hospital upon the giving of bond as above set forth, such suspension to continue until terminated by the court.

      (1949 Rev., S. 2674; P.A. 95-257, S. 48, 58.)

      History: Sec. 17-203 transferred to Sec. 17a-526 in 1991; P.A. 95-257 replaced "mentally ill" and "mental illness " with variants of "psychiatric disabilities", effective July 1, 1995.

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      Sec. 17a-527. (Formerly Sec. 17-204). Court may direct as to care of mentally ill pending appeal. Pending an appeal to the Superior Court, said court or, if said court is not in session, any judge of the Superior Court, may make and enforce such reasonable orders for the care and custody of the person complained of as it or such judge deems reasonable.

      (1949 Rev., S. 2675.)

      History: Sec. 17-204 transferred to Sec. 17a-527 in 1991.

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      Sec. 17a-528. (Formerly Sec. 17-205a). Payment of commitment and transportation expenses. (a) When any person is found to have psychiatric disabilities, and is committed to a state hospital for psychiatric disabilities, upon proceedings had under sections 17a-75 to 17a-83, inclusive, 17a-450 to 17a-484, inclusive, 17a-495 to 17a-528, inclusive, 17a-540 to 17a-550, inclusive, 17a-560 to 17a-576, inclusive, and 17a-615 to 17a-618, inclusive, all fees and expenses incurred upon the probate commitment proceedings, payment of which is not otherwise provided for under said sections, shall be paid by the state within available appropriations from funds appropriated to the Department of Mental Health and Addiction Services in accordance with rates established by said department; and, if such person is found not to have psychiatric disabilities, such fees and expenses shall be paid by the applicant.

      (b) Within available appropriations, the expenses, if any, of necessary transportation (1) from a state-aided, town-aided or other municipal-aided hospital to a state-operated facility, as defined in section 17a-458, for detention of any person under section 17a-502; (2) for any voluntary patient who wishes to have emergency treatment for conditions defined in section 17a-502 at any such state-operated facility; (3) for any patient who has been released on leave from any such state-operated facility and wishes to return; or (4) for persons authorized by the Department of Mental Health and Addiction Services to receive inpatient psychiatric services in a facility under contract with the department to provide such services, shall be paid by the state, unless, after investigation, the Department of Administrative Services determines such person is able to pay for the same. The presence of an appropriate emergency certificate under section 17a-502 shall be sufficient for payment by the state under subdivision (1) of this subsection, regardless of the eventual commitment or noncommitment of the person to the facility. The Commissioner of Mental Health and Addiction Services may adopt regulations concerning the payment of transportation expenses by the state under this subsection.

      (c) The expenses of medically necessary transportation from any facility operated by the state to any other such facility shall be assumed by the facility which initiated the transfer of such person.

      (February, 1965, P.A. 435, S. 1; 1967, P.A. 355; P.A. 76-151; P.A. 77-595, S. 8; P.A. 78-372, S. 6, 7; P.A. 85-408, S. 1, 3; 85-523, S. 7, 9; P.A. 86-371, S. 16, 45; P.A. 90-209, S. 25; 90-230, S. 25, 101; P.A. 94-27, S. 12, 17; P.A. 95-257, S. 11, 48, 58; June 18 Sp. Sess. P.A. 97-8, S. 11, 88; June Sp. Sess. P.A. 99-2, S. 22, 72.)

      History: 1967 act added "town-aided or other municipal-aided" hospital to Subsec. (b); P.A. 76-151 added Subsec. (c) re assumption of transportation expenses between state facilities; P.A. 77-595 expanded Subsec. (b) provisions and removed limitation to ambulance transportation and rephrased Subsec. (c) making it applicable to "medically" necessary transportation; P.A. 78-372 replaced "complainant" with "applicant" in Subsec. (a) and amended Subsec. (b) to rephrase Subdiv. (4) and replace department of finance and control with department of administrative services pursuant to provisions of P.A. 77-614 and to add provision re adoption of regulations by mental health commissioner; P.A. 85-408 amended Subsec. (b) to provide for payment by the state for the cost of transporting a person to a general hospital for treatment which is certified by the hospital to the department of mental health; P.A. 85-523 required that payment of fees and expenses incurred upon probate commitment proceedings which is not otherwise provided for under chapter shall be paid by department of mental health in accordance with rates set by department; P.A. 86-371 made technical changes and added Subsec. (d) re payment of transportation expenses for alcoholism patients; P.A. 90-209 deleted Subsec. (d) re transportation expenses for certain alcoholism patients (but see Sec. 17-155gg); P.A. 90-230 corrected an internal reference in Subsec. (d), but had no effect, that Subsec. having been repealed; Sec. 17-205a transferred to Sec. 17a-528 in 1991; P.A. 94-27 amended Subsec. (a) to delete reference to Secs. 17a-580 to 17a-603, inclusive, effective July 1, 1994; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted variants of "psychiatric disabilities" for "mentally ill" and "mental illness", effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 added Subdiv. (b)(4) re inpatient psychiatric services, effective July 1, 1997; June Sp. Sess. P.A. 99-2 amended Subsec. (b) by adding "Within available appropriations", effective July 1, 1999.

      Annotations to former section 17-205a:

      Cited. 192 C. 520, 521.

      Does not pertain to one transferred to a state hospital after being committed to jail on binding over process. 14 CS 33.

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      Secs. 17a-529 to 17a-539. Reserved for future use.

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PART III*
PATIENTS' RIGHTS

      *Annotations to former part Ib of chapter 306:

      Patients' bill of rights, Secs. 17-206a-17-206k cited. 213 C. 548, 549, 551, 552, 555, 556, 558, 559, 561, 562.

      Annotations to present part III:

      Patient's bill of rights, Sec. 17a-540 et seq. cited. 233 C. 44, 77, 78.

      Sec. 17a-540. (Formerly Sec. 17-206a). Definitions. As used in sections 17a-540 to 17a-550, inclusive, unless otherwise expressly stated or unless the context otherwise requires:

      (1) "Facility" means any inpatient or outpatient hospital, clinic or other facility for the diagnosis, observation or treatment of persons with psychiatric disabilities;

      (2) "Patient" means any person being treated in a facility;

      (3) "Persons with psychiatric disabilities" means those children and adults who are suffering from one or more mental disorders, as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders";

      (4) "Voluntary patient" means any patient sixteen years of age or older who applies in writing for and is admitted to a hospital for observation, diagnosis or treatment of a mental disorder or any patient under sixteen years of age whose parent or legal guardian applies in writing for such observation, diagnosis or treatment;

      (5) "Involuntary patient" means any patient hospitalized pursuant to an order of a judge of the Probate Court after an appropriate hearing or a patient hospitalized for emergency diagnosis, observation or treatment upon certification of a qualified physician;

      (6) "Family" means spouse or next of kin;

      (7) "Head of the hospital" or "head of the facility" means the superintendent or medical director of a hospital or facility, or his designated delegate;

      (8) "Informed consent" means permission given competently and voluntarily after a patient has been informed of the reason for treatment, the nature of the proposed treatment, the advantages or disadvantages of the treatment, medically acceptable alternative treatment, the risks associated with receiving the proposed treatment and the risk of no treatment;

      (9) "Medically harmful" means capable of inflicting serious mental or physical injury on the patient, or producing in the patient a disturbed mental state or impaired judgment which may be grossly detrimental to his physical or mental well being;

      (10) "Psychosurgery" means those operations defined as lobotomy, psychiatric surgery, behavioral surgery and all other forms of brain surgery, if the surgery is performed for the purpose of modification or control of thoughts, feelings, actions or behavior rather than the treatment of a known and diagnosed physical disease of the brain;

      (11) "Shock therapy" means a form of psychiatric treatment in which electric current, insulin, carbon dioxide or indoklon, or other similar agent, is administered to the patient and results in a loss of consciousness or a convulsive or comatose reaction;

      (12) "Direct threat of harm" means that the patient's clinical history demonstrates a pattern of serious physical injury or life-threatening injury to self or to others which is caused by the psychiatric disabilities with which the patient has been diagnosed and is documented by objective medical and other factual evidence. Such evidence of past pattern of dangerous behavior shall be manifested in the patient's medical history and there shall exist a high probability that the patient will inflict substantial harm on himself or others; and

      (13) "Special limited conservator" means a licensed health care provider with specialized training in the treatment of persons with psychiatric disabilities appointed by a judge of the Probate Court with specific authority to consent to the administration of medication to a defendant during the pendency of such defendant's placement in the custody of the Commissioner of Mental Health and Addiction Services pursuant to section 54-56d. Upon the termination of the patient's placement in the custody of the commissioner pursuant to section 54-56d, the special limited conservatorship shall automatically terminate.

      (1971, P.A. 834, S. 1; P.A. 74-8, S. 1, 2; 74-9, S. 1, 2; P.A. 78-219, S. 5; P.A. 93-369, S. 2; P.A. 95-257, S. 48, 58; P.A. 04-160, S. 1.)

      History: P.A. 74-8 redefined "voluntary patient" by replacing "over sixteen years of age" with "sixteen years of age or older"; P.A. 74-9 added Subdiv. (i) defining "medically harmful"; P.A. 78-219 defined "psychosurgery" and "shock therapy" in new Subdivs. (j) and (k) and referred to "most recent" edition of Manual of Mental Disorders in Subdiv. (c) rather than the "second" "1968" edition; Sec. 17-206a transferred to Sec. 17a-540 in 1991; P.A. 93-369 changed "the mentally disordered" to "persons with a mental illness", redefined "informed consent" and added definition of "direct threat of harm"; P.A. 95-257 replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995; P.A. 04-160 redesignated Subdivs. (a) to (l) as Subdivs. (1) to (12), made technical changes and added Subdiv. (13) defining "special limited conservator".

      Annotations to former section 17-206a:

      Cited. 17 CA 130, 134, 135.

      Sixteen-year-old voluntary patient's rights same as adult. 30 CS 320.

      Subsec. (a):

      Cited. 213 C. 548, 557.

      Subsec. (b):

      Cited. 213 C. 548, 557.

      Subsec. (d):

      Cited. 213 C. 548, 557.

      Cited. 33 CS 191, 193.

      Subsec. (e):

      Cited. 213 C. 548, 557.

      Annotations to present section:

      Cited. 233 C. 44, 77. Conserved person may bring an action on her own behalf pursuant to patients' bill of rights. Action on behalf of a conserved person may be brought by a next friend pursuant to patients' bill of rights where there are exceptional circumstances. 252 C. 68. Superior Court has subject matter jurisdiction over a complaint brought pursuant to patients' bill of rights. Id.

      Cited. 44 CS 53-55.

      Subdiv. (a):

      Term "other facility" does not encompass correctional institutions. 269 C. 802.

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      Sec. 17a-541. (Formerly Sec. 17-206b). Deprivation of rights of patient prohibited. Exception. No patient hospitalized or treated in any public or private facility for the treatment of persons with psychiatric disabilities shall be deprived of any personal, property or civil rights, including the right to vote, hold or convey property, and enter into contracts, except in accordance with due process of law, and unless such patient has been declared incapable pursuant to sections 45a-644 to 45a-662, inclusive. Any finding of incapability shall specifically state which civil or personal rights the patient is incapable of exercising.

      (1971, P.A. 834, S. 2; P.A. 93-369, S. 3; P.A. 95-257, S. 48, 58; P.A. 96-202, S. 1; June Sp. Sess. P.A. 98-1, S. 15, 121.)

      History: Sec. 17-206b transferred to Sec. 17a-541 in 1991; P.A. 93-369 changed "the mentally disordered" to "persons with a mental illness"; P.A. 95-257 substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995; P.A. 96-202 changed "incompetent" to "incapable"; June Sp. Sess. P.A. 98-1 made a technical change, effective June 24, 1998.

      See Sec. 9-159s re notice to certain guardians and conservators of voting opportunities presented to patients.

      See Sec. 45a-703 re determinations of competency to vote.

      Annotations to former section 17-206b:

      Cited. 210 C. 806. Right to treatment and safe environment applies whether confinement voluntary or involuntary. 213 C. 548-558, 568-572. Cited. 230 C. 828, 839. Cited. 235 C. 426, 436.

      Cited. 17 CA 130-138, 141.

      A child 17 years of age may demand, on his own authority, release from a psychiatric institution to which he was voluntarily admitted at 15 years of age upon written request of his parents. 30 CS 886.

      Annotations to present section:

      Cited. 235 C. 426, 436.

      Cited. 44 CS 53-55.

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      Sec. 17a-542. (Formerly Sec. 17-206c). Humane and dignified treatment required. Formulation of discharge plan. Every patient treated in any facility for treatment of persons with psychiatric disabilities shall receive humane and dignified treatment at all times, with full respect for his personal dignity and right to privacy. Each patient shall be treated in accordance with a specialized treatment plan suited to his disorder. Such treatment plan shall include a discharge plan which shall include, but not be limited to, (1) reasonable notice to the patient of his impending discharge, (2) active participation by the patient in planning for his discharge and (3) planning for appropriate aftercare to the patient upon his discharge.

      (1971, P.A. 834, S. 3; P.A. 82-329, S. 1, 3; P.A. 93-369, S. 4; P.A. 95-257, S. 48, 58.)

      History: P.A. 82-329 clarified that specialized treatment plans include a discharge plan; Sec. 17-206c transferred to Sec. 17a-542 in 1991; P.A. 93-369 changed "the mentally disordered" to "persons with a mental illness"; P.A. 95-257 substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995.

      Annotations to former section 17-206c:

      Cited. 210 C. 806. Issue is whether good faith efforts made to improve health. 213 C. 548-555, 557, 558, 562-568. Cited. 221 C. 346, 353.

      Cited. 13 CA 493, 496. Cited. 17 CA 130-142.

      Annotations to present section:

      Cited. 233 C. 44, 78, 79, 85.

      Cited. 44 CS 53-55.

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      Sec. 17a-543. (Formerly Sec. 17-206d). Procedures governing medication, treatment, psychosurgery and shock therapy. (a) No patient shall receive medication for the treatment of the psychiatric disabilities of such patient without the informed consent of such patient, except in accordance with procedures set forth in subsections (b), (d), (e) and (f) of this section or in accordance with section 17a-543a, 17a-566 or 54-56d.

      (b) No medical or surgical procedures may be performed without the patient's written informed consent or, if the patient has been declared incapable of caring for himself or herself pursuant to sections 45a-644 to 45a-662, inclusive, and a conservator of the person has been appointed pursuant to section 45a-650, the written consent of such conservator. If the head of the hospital, in consultation with a physician, determines that the condition of an involuntary patient not declared incapable of caring for himself or herself pursuant to said sections is of an extremely critical nature and such patient is incapable of informed consent, medical or surgical procedures may be performed with the written informed consent of: (1) The patient's conservator or guardian, if he or she has one; (2) such person's next of kin; (3) a person designated by the patient pursuant to section 1-56r; or (4) a qualified physician appointed by a judge of the Probate Court. Notwithstanding the provisions of this section, if obtaining the consent provided for in this section would cause a medically harmful delay to a voluntary or involuntary patient whose condition is of an extremely critical nature, as determined by personal observation by a physician or the senior clinician on duty, emergency treatment may be provided without consent.

      (c) No psychosurgery or shock therapy shall be administered to any patient without such patient's written informed consent, except as provided in this subsection. Such consent shall be for a maximum period of thirty days and may be revoked at any time. If it is determined by the head of the hospital and two qualified physicians that the patient has become incapable of giving informed consent, shock therapy may be administered upon order of the Probate Court if, after hearing, such court finds that the patient is incapable of informed consent and there is no other, less intrusive beneficial treatment. An order of the Probate Court authorizing the administration of shock therapy pursuant to this subsection shall be effective for not more than forty-five days.

      (d) A facility may establish an internal procedure governing decisions concerning involuntary medication treatment for inpatients. Such procedure shall provide (1) that any decision concerning involuntary medication treatment shall be made by a person who is not employed by the facility in which the patient is receiving treatment, provided the selection of such person shall not be made until the patient's advocate has had reasonable opportunity to discuss such selection with the facility, (2) written and oral notification to the patient of available advocacy services, (3) notice to the patient and his advocate, if one has been chosen, of any proceeding for the determination of the necessity for involuntary treatment not less than forty-eight hours prior to such proceeding, (4) the right of the patient to representation during any such proceeding, (5) questioning of any witness at any such proceeding including, if requested, one or both of the physicians who made the determination pursuant to subsection (e) of this section concerning the patient's capacity to give informed consent and the necessity of medication for the patient's treatment, and (6) a written decision. If a decision is made in accordance with the standards set forth in this section that a patient shall receive involuntary medication, and there is substantial probability that without such medication for the treatment of the psychiatric disabilities of such patient the condition of the patient will rapidly deteriorate, such involuntary medication may be provided for a period not to exceed thirty days or until a decision is made by the Probate Court under subsection (e) or (f) of this section, whichever is sooner.

      (e) (1) If it is determined by the head of the hospital and two qualified physicians that a patient is incapable of giving informed consent to medication for the treatment of such patient's psychiatric disabilities and such medication is deemed to be necessary for such patient's treatment, a facility may utilize the procedures established in subsection (d) of this section and may apply to the Probate Court for appointment of a conservator of the person with specific authority to consent to the administration of medication or, in a case where a conservator of the person has previously been appointed under section 45a-650, the facility or the conservator may petition the Probate Court to grant such specific authority to the conservator. The conservator shall meet with the patient and the physician, review the patient's written record and consider the risks and benefits from the medication, the likelihood and seriousness of adverse side effects, the preferences of the patient, the patient's religious views, and the prognosis with and without medication. After consideration of such information, the conservator shall either consent to the patient receiving medication for the treatment of the patient's psychiatric disabilities or refuse to consent to the patient receiving such medication.

      (2) The authority of a conservator to consent to the administration of medication under subdivision (1) of this subsection shall be effective for not more than one hundred twenty days. In the case of continuous hospitalization of the patient beyond such one hundred twenty days, if the head of the hospital and two qualified physicians determine that the patient continues to be incapable of giving informed consent to medication for the treatment of such patient's psychiatric disabilities and such medication is deemed to be necessary for such patient's treatment, the authority of the conservator to consent to the administration of medication may be extended for a period not to exceed one hundred twenty days by order of the Probate Court without a hearing upon application by the head of the hospital. Prompt notice of the order shall be given to the patient, conservator and facility.

      (f) (1) If it is determined by the head of the hospital and two qualified physicians that (A) a patient is capable of giving informed consent but refuses to consent to medication for treatment of such patient's psychiatric disabilities, (B) there is no less intrusive beneficial treatment, and (C) without medication, the psychiatric disabilities with which the patient has been diagnosed will continue unabated and place the patient or others in direct threat of harm, the facility may utilize the procedures established in subsection (d) of this section and may apply to the Probate Court to authorize the administration to the patient of medication for the treatment of the patient's psychiatric disabilities, despite the refusal of the patient to consent to such medication.

      (2) An order authorizing the administration of medication under subdivision (1) of this subsection shall be effective for not more than one hundred twenty days. In the case of continuous hospitalization of the patient beyond such one hundred twenty days, if the head of the hospital and two qualified physicians determine that (A) the patient continues to be capable of giving informed consent but refuses to consent to medication for treatment of such patient's psychiatric disabilities, (B) there is no less intrusive beneficial treatment, and (C) without medication, the psychiatric disabilities with which the patient has been diagnosed will continue unabated and place the patient or others in direct threat of harm, the order may be extended for a period not to exceed one hundred twenty days by order of the Probate Court without a hearing. Prompt notice of the order shall be given to the patient and facility.

      (g) If a decision has been made to administer involuntary medication to a patient pursuant to subsection (d) of this section, the patient may petition the Probate Court to expedite the hearing on an application filed by the facility pursuant to subsection (e) or (f) of this section or, if no application has been filed, to hold a hearing to decide whether to allow the administration of involuntary medication. Either hearing shall be held within fifteen days after the date of the patient's petition.

      (h) For the purposes of this section, "voluntary patient" means any patient sixteen years of age or older who applies in writing for, and is admitted to, a hospital for observation, diagnosis or treatment of a mental disorder.

      (i) Unless there is a serious risk of harm to the patient or others, based upon the patient's past history or current condition, nothing in this section authorizes any form of involuntary medical, psychological or psychiatric treatment of any patient who in the sincere practice of his or her religious beliefs is being treated by prayer alone in accordance with the principles and practices of a church or religious denomination by a duly accredited practitioner or ordained minister, priest or rabbi thereof. The Department of Mental Health and Addiction Services shall adopt regulations, in accordance with chapter 54, to implement the purposes of this subsection.

      (1971, P.A. 834, S. 4; P.A. 74-35, S. 1, 2; P.A. 76-227, S. 6, 7; P.A. 77-4, S. 1, 2; 77-595, S. 9; P.A. 78-219, S. 1; P.A. 80-189, S. 3; P.A. 93-369, S. 1; P.A. 95-257, S. 5, 11, 48, 58; P.A. 96-180, S. 47, 166; 96-202, S. 2; 96-215, S. 1, 4; June 18 Sp. Sess. P.A. 97-8, S. 2, 88; P.A. 02-105, S. 4; P.A. 03-31, S. 1; P.A. 04-160, S. 2.)

      History: P.A. 74-35 set forth conditions under which patient may be treated by procedures without his consent; P.A. 76-227 added feminine personal pronouns and forbade facility to require blanket consent to all procedures as condition of admission or treatment; P.A. 77-4 and 77-595 changed effective date of 1976 act from March 1, 1977, to October 1, 1977; P.A. 78-219 divided section into Subsecs. (a) to (c) and (e), prohibited forcing patients to accept unwanted medication or treatment except as provided, deleted references to electroshock therapy in previous provisions, deleted proviso for performing procedures on voluntary patient without his consent, replaced requirement that patient's condition would be "immediately fatal" with "extremely critical" condition for emergency procedure with no one's consent and required one rather than two consulting physicians and inserted new Subsec. (d) re psychosurgery and shock therapy; P.A. 80-189 clarified consent provisions re involuntary patients in Subsec. (b); Sec. 17-206d transferred to Sec. 17a-543 in 1991; P.A. 93-369 revised section by deleting former provisions re treatment of involuntary patients and substituting provisions that (1) no patient shall receive medication or treatment of mental illness without informed consent of patient, except in accordance with section or Sec. 17a-566 or 54-56d, (2) no medical or surgical procedures may be performed without written informed consent of patient or conservator, unless condition is of critical nature, specifying that emergency treatment may be provided without consent, (3) facility may establish internal procedures re involuntary medication treatment of inpatients and added provisions re content of such procedures, duration of order for medication, expedited hearing in probate court re order for involuntary medication and definition of voluntary patient; P.A. 95-257 replaced "mental illness" with "psychiatric disabilities", effective July 1, 1995; P.A. 96-180 made a technical correction in Subsec. (f), substituting reference to Subsec. (l) for Subsec. (h) of Sec. 17a-540, effective June 3, 1996; P.A. 96-202 made technical change in Subsec. (b) (1) adding reference to conservators; P.A. 96-215 inserted new Subdiv. (3) of Subsec. (d) requiring procedures to provide notice to patient or advocate re proceeding to determine necessity of involuntary treatment not less than forty-eight hours prior to proceedings and new Subdiv. (5) re questioning of physicians who made determination of capacity to give informed consent and necessity of medication, renumbering prior Subdivs. as necessary; amended Subdiv. (1) of Subsec. (e) re appointment of conservator with specific authority and added Subdiv. (2) re authority of conservator to consent to medication; amended Subsec. (f) by adding Subdiv. (2) re duration of order authorizing administration of medication; deleted former Subsec. (g) re duration of medication order and hearing, relettering former Subsecs. (h) and (i) accordingly; amended redesignated Subdiv. (h) by changing age of "voluntary patient" from eighteen to sixteen years of age; added Subsec. (i) re treatment by prayer alone unless serious risk of harm to patient or others and added Subsec. (j) re regulations (Revisor's note: P.A. 95-257 authorized substitution of "Department of Mental Health and Addiction Services" for "Department of Mental Health" in public and special acts of the 1996 session of the General Assembly); June 18 Sp. Sess. P.A. 97-8 combined the former Subsec. (j) with Subsec. (i) limiting the regulations requirement to (i) re religious beliefs, effective July 1, 1997; P.A. 02-105 amended Subsec. (b) by adding new Subdiv. (3) allowing informed consent by a person designated by the patient pursuant to Sec. 1-56r and redesignating existing Subdiv. (3) as Subdiv. (4); P.A. 03-31 amended Subsec. (c) by replacing "other reasonable alternative procedure" with "other, less intrusive beneficial treatment" and adding provision re order of Court of Probate authorizing shock therapy to be effective for not more than forty-five days; P.A. 04-160 added reference to Sec. 17a-543a in Subsec. (a) and made technical changes in Subsecs. (c), (d), (e), (f), (g) and (i).

      Annotation to former section 17-206d:

      Cited. 17 CA 130, 134, 135.

      Annotations to present section:

      Cited. 233 C. 44, 78, 90.

      Cited. 44 CS 53-55, 59.

      Subsec. (a):

      Cited. 233 C. 44, 77.

      Cited. 44 CS 53, 55, 56.

      Subsec. (b):

      Cited. 44 CS 53, 55-57, 59.

      Subsec. (d):

      Cited. 44 CS 53, 55-57, 59.

      Subsec. (e):

      Cited. 44 CS 53, 55-57, 59.

      Subsec. (f):

      Cited. 233 C. 44, 75.

      Cited. 44 CS 53, 56, 59.

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      Sec. 17a-543a. Administration of medication to criminal defendant placed in custody of Commissioner of Mental Health and Addiction Services. Special limited conservator. (a)(1) If it is determined by the head of the hospital and two qualified physicians that a patient who is a defendant placed in the custody of the Commissioner of Mental Health and Addiction Services pursuant to section 54-56d is incapable of giving informed consent to medication for the treatment of such patient's psychiatric disabilities and such medication is deemed to be necessary for such patient's treatment, the facility in which such patient is placed may petition the probate court for the district in which such facility is located for appointment of a special limited conservator with specific authority to consent to the administration of medication, provided an employee of such facility shall not be appointed or serve as the special limited conservator. The special limited conservator shall meet with the patient and the physician, review the patient's written record and consider the risks and benefits from the medication, the likelihood and seriousness of adverse side effects, the preferences of the patient, the patient's religious views, and the prognosis with and without medication. After consideration of such information, the special limited conservator shall either consent to the patient receiving medication for the treatment of the patient's psychiatric disabilities or refuse to consent to the patient receiving such medication.

      (2) The authority of a special limited conservator to consent to the administration of medication under subdivision (1) of this subsection shall be effective for not more than one hundred twenty days. In the case of continuous hospitalization of the patient beyond such one hundred twenty days, if the head of the hospital and two qualified physicians determine that the patient continues to be incapable of giving informed consent to medication for the treatment of such patient's psychiatric disabilities and such medication is deemed to be necessary for such patient's treatment, the authority of the special limited conservator to consent to the administration of medication may be extended for a period not to exceed one hundred twenty days by order of the Probate Court without a hearing upon application by the head of the hospital. Prompt notice of the order shall be given to the patient, special limited conservator and facility.

      (3) The reasonable compensation of a special limited conservator appointed under this subsection shall be established by the Probate Court Administrator and paid from the Probate Court Administration Fund.

      (b) (1) If it is determined by the head of the hospital and two qualified physicians that (A) a patient who is a defendant placed in the custody of the Commissioner of Mental Health and Addiction Services pursuant to section 54-56d is capable of giving informed consent but refuses to consent to medication for treatment of such patient's psychiatric disabilities, (B) there is no less intrusive beneficial treatment, and (C) without medication, the psychiatric disabilities with which the patient has been diagnosed will continue unabated and place the patient or others in direct threat of harm, the facility in which such patient is placed may petition the probate court for the district in which such facility is located to authorize the administration to the patient of medication for the treatment of the patient's psychiatric disabilities, despite the refusal of the patient to consent to such medication.

      (2) An order authorizing the administration of medication under subdivision (1) of this subsection shall be effective for not more than one hundred twenty days. In the case of continuous hospitalization of the patient beyond such one hundred twenty days, if the head of the hospital and two qualified physicians determine that (A) the patient continues to be capable of giving informed consent but refuses to consent to medication for treatment of such patient's psychiatric disabilities, (B) there is no less intrusive beneficial treatment, and (C) without medication, the psychiatric disabilities with which the patient has been diagnosed will continue unabated and place the patient or others in direct threat of harm, the order may be extended for a period not to exceed one hundred twenty days by order of the Probate Court without a hearing. Prompt notice of the order shall be given to the patient and facility.

      (c) Unless there is a serious risk of harm to the patient or others, based upon the patient's past history or current condition, nothing in this section authorizes any form of involuntary medical, psychological or psychiatric treatment of any patient who in the sincere practice of his or her religious beliefs is being treated by prayer alone in accordance with the principles and practices of a church or religious denomination by a duly accredited practitioner or ordained minister, priest or rabbi thereof.

      (d) Nothing in this section shall be construed to limit the application of sections 45a-644 to 45a-663, inclusive, except as specifically provided in this section.

      (P.A. 04-160, S. 3.)

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      Sec. 17a-544. (Formerly Sec. 17-206e). Placement of patient in seclusion or mechanical restraint. Medication not to be used as substitute for habilitation. (a) No patient may be placed involuntarily in seclusion or a mechanical restraint unless necessary because there is imminent physical danger to the patient or others and a physician so orders. A written memorandum of such order, and the reasons therefor, shall be placed in the patient's permanent clinical record within twenty-four hours.

      (b) Medication shall not be used as a substitute for an habilitation program.

      (1971, P.A. 834, S. 5; P.A. 78-219, S. 2.)

      History: P.A. 78-219 clarified provisions re placement of patient in seclusion, required that memorandum re seclusion of patient be included in clinical record within twenty-four hours and added Subsec. (b); Sec. 17-206e transferred to Sec. 17a-544 in 1991.

      Annotation to former section 17-206e:

      Cited. 17 CA 130, 134, 135.

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      Sec. 17a-545. (Formerly Sec. 17-206f). Physical and psychiatric examinations. Every patient hospitalized under any of sections 17a-540 to 17a-550, inclusive, shall receive a physical examination within five days of his hospitalization, and at least once each year thereafter. Every patient shall be examined by a psychiatrist within forty-eight hours of his hospitalization, and at least once each six months thereafter. Reports of all physical and psychiatric examinations shall be completed and signed by the examining physicians and made a part of the patient's permanent clinical record.

      (1971, P.A. 834, S. 6.)

      History: Sec. 17-206f transferred to Sec. 17a-545 in 1991.

      Annotations to former section 17-206f:

      Cited. 17 CA 130, 134, 135.

      A child 17 years of age may demand, on his own authority, release from a psychiatric institution to which he was voluntarily admitted at 15 years of age upon written request of his parents. 30 CS 886.

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      Sec. 17a-546. (Formerly Sec. 17-206g). Communication by mail and telephone. (a) Every patient shall be permitted to communicate by sealed mail with any individual, group or agency, except as herein provided.

      (b) Every hospital for treatment of persons with psychiatric disabilities shall furnish writing materials and postage to any patient desiring them.

      (c) If the head of the hospital or his authorized representative receives a complaint from a person demonstrating that such person is receiving threatening or harassing mail from a patient, the head of the hospital or his authorized representative may, after providing a reasonable opportunity for the patient to respond to the complaint, restrict such patient's mail to the complainant. The head of the hospital or his authorized representative shall notify the patient of the availability of advocacy services if such patient's mailing rights are restricted. Any such restriction shall be noted in writing, signed by the head of the hospital, and made a part of the patient's permanent clinical record.

      (d) If the head of the hospital or his authorized representative determines that it is medically harmful to a patient to receive mail, all such correspondence shall be returned unopened to the sender, with an explanation, signed by the head of the hospital, for its return. A copy of this explanation shall be made a part of the patient's permanent clinical record.

      (e) Every patient shall be permitted to make and receive telephone calls, except as herein provided. Public telephones shall be made available in appropriate locations.

      (f) If the head of the hospital or his authorized representative determines that a patient has made obscene or threatening telephone calls, he may restrict such patient's right to make telephone calls. Any such restriction shall be noted in writing, signed by the head of the hospital, and made a part of the patient's permanent clinical record.

      (g) If the head of the hospital or his authorized representative determines that it is medically harmful to a patient to make or receive telephone calls, this fact shall be explained, in writing, signed by the head of the hospital, to the patient's family and any persons who regularly make calls to, or receive calls from, the patient. A copy of the explanation shall be signed by the head of the hospital and placed in the patient's permanent clinical record.

      (1971, P.A. 834, S. 7; P.A. 93-369, S. 5; P.A. 95-257, S. 48, 58; P.A. 96-121, S. 2, 3.)

      History: Sec. 17-206g transferred to Sec. 17a-546 in 1991; P.A. 93-369 amended Subsec. (b) by changing "the mentally disordered" to "persons with a mental illness"; P.A. 95-257 substituted "psychiatric disabilities" for "mental illness", effective July 1, 1995; P.A. 96-121 inserted new Subsec. (c) re complaint of receipt of threatening or harassing mail from a patient and restriction by head of hospital of patient's mail to complainant, relettering former Subsecs. (c) to (f) accordingly, effective May 24, 1996.

      Annotations to former section 17-206g:

      Cited. 213 C. 548, 561.

      Cited. 17 CA 130, 134, 135.

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      Sec. 17a-547. (Formerly Sec. 17-206h). Visitors. Restrictions on mail, telephone and visitor privileges, when allowed. (a) Every patient shall be permitted to receive visitors at regular visiting hours, except as herein provided. The head of the hospital shall: (1) Establish visiting hours, and inform all patients and their families and other visitors of these hours; and (2) designate the areas of the hospital where a patient may receive visitors, and inform all patients and their families and other visitors of these areas.

      (b) If, because of extenuating circumstances, a patient's family cannot visit during the regular visiting hours, the head of the hospital shall designate one two-hour period per week, at a mutually convenient time, during which the patient's family may visit the patient.

      (c) A patient's clergyman, lawyer or physician may visit the patient at any reasonable time.

      (d) If the head of the hospital determines that it is medically harmful for the patient to receive visitors, he shall so inform the patient's family and other visitors. When the patient has recovered sufficiently to receive visitors, the head of the hospital shall immediately notify the patient's family and other visitors who have requested notification. A copy of the notification of any restriction of visitors, and the reasons therefor, shall be signed by the head of the hospital and placed in the patient's permanent clinical record.

      (e) The provisions of this section shall not apply to any patient in a program or facility for the treatment of drug-dependent persons.

      (f) No restriction of any patient's rights to send and receive mail, make and receive telephone calls, or receive visitors shall be made in any manner, or for any reasons, other than prescribed in section 17a-546 and this section.

      (1971, P.A. 834, S. 8; P.A. 78-219, S. 3; P.A. 82-329, S. 2, 3.)

      History: P.A. 78-219 added Subsec. (f) re patient's communication rights; P.A. 82-329 amended Subsec. (a) to require the head of a facility for the mentally disordered to designate those areas of the hospital where a patient may receive visitors; Sec. 17-206h transferred to Sec. 17a-547 in 1991.

      Annotations to former section 17-206h:

      Cited. 213 C. 548, 561.

      Cited. 17 CA 130, 134, 135.

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      Sec. 17a-548. (Formerly Sec. 17-206i). Patient's rights re clothing, possessions, money and access to records. List of rights to be posted. (a) Any patient shall be permitted to wear his or her own clothes; to keep and use personal possessions including toilet articles; except for patients hospitalized in Whiting Forensic Division; to be present during any search of his personal possessions; to have access to individual storage space for such possessions; and in such manner as determined by the facility to spend a reasonable sum of his or her own money for canteen expenses and small purchases. These rights shall be denied only if the superintendent, director, or his authorized representative determines that it is medically harmful to the patient to exercise such rights. An explanation of such denial shall be placed in the patient's permanent clinical record.

      (b) In connection with any litigation related to hospitalization, or at any time following discharge from the facility, any patient or his or her attorney shall have the right, upon written request, to inspect all of such patient's hospital records, and to make copies thereof. Unless the request is made in connection with any litigation related to hospitalization, a mental health facility, as defined in subdivision (5) of section 52-146d, may refuse to disclose any portion of a patient's record which the mental health facility determines: (1) Would create a substantial risk that the patient would inflict life-threatening injury to self or to others or experience a severe deterioration in mental state; (2) would constitute an invasion of privacy of another person; or (3) would violate an assurance of confidentiality furnished to another person, provided only such portion of the record the disclosure of which would not constitute an invasion of privacy of another person or violate an assurance of confidentiality furnished to another person shall be disclosed. Any patient aggrieved by a facility's refusal to disclose under this subsection may petition the Superior Court for relief in the same manner as a patient proceeding under section 4-105, except that in addition to notice and a hearing, the court may conduct an in camera review of the record. The court shall order disclosure of the record by such facility unless the court determines that the disclosure (A) would create a substantial risk that the patient would inflict life-threatening injury to self or to others or experience a severe deterioration in mental state, or (B) would constitute an invasion of privacy of another person, or (C) would violate an assurance of confidentiality furnished to another person, provided if the court orders disclosure of the record, only such portion of the record the disclosure of which would not constitute an invasion of privacy of another person or violate an assurance of confidentiality furnished to another person shall be disclosed.

      (c) A list of all in-hospital rights shall be prominently posted in each ward where mental health services are provided. Such list shall include, but not be limited to, the right to leave, as afforded by subsection (a) of section 17a-506, the right to a hearing, as afforded by subsection (d) of section 17a-502, and the right to file a complaint, as afforded by the hospital's complaint procedure.

      (d) Nothing in subsection (b) of this section shall limit a patient's right of access to his records under section 4-104.

      (1971, P.A. 834, S. 9; P.A. 78-219, S. 4; P.A. 79-389, S. 1, 2; P.A. 93-119; P.A. 95-257, S. 20, 58; June 18 Sp. Sess. P.A. 97-8, S. 80, 88; P.A. 98-18.)

      History: P.A. 78-219 wholly replaced previous provisions which had protected patients' communication rights, now incorporated as Subsec. (f) of Sec. 17-206h; P.A. 79-389 added provisions in Subsec. (b) re valid reasons for nondisclosure of record and court decision on validity of facility's refusal to disclose record and added Subsec. (d); Sec. 17-206i transferred to Sec. 17a-548 in 1991; P.A. 93-119 amended Subsec. (a) to permit patients to be present during any search of personal possessions except for patients in Whiting Forensic Institute; P.A. 95-257 substituted "Whiting Forensic Division" for "Whiting Forensic Institute", effective July 1, 1995; June 18 Sp. Sess. P.A. 97-8 amended Subsec. (b) to specify definition of mental health facility, to replace medically harmful with substantial risk language and to limit disclosure of records, effective July 1, 1997; P.A. 98-18 expanded Subsec. (c) to specifically include rights to leave, to a hearing and to file a complaint.

      Annotations to former section 17-206i:

      Cited. 213 C. 548, 561.

      Cited. 17 CA 130, 134, 135.

      Annotation to present section:

      Subsec. (a):

      By providing exception for patients hospitalized in Whiting Forensic Division and not providing similar exception for correctional institutions, legislature expressed its understanding that patient's bill of rights did not apply to correctional institutions operated by Department of Correction. 269 C. 802.

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      Sec. 17a-549. (Formerly Sec. 17-206j). Denial of employment, housing, licenses, because of history of mental disorder restricted. (a) No person shall be denied employment, housing, civil service rank, any license or permit, including a professional license, or any other civil or legal right, solely because of a present or past history of mental disorder, except as so provided by the general statutes.

      (b) The burden shall be on the person or agency denying any such right to prove that the person so denied is not suitable solely because of his present or past history of mental disorder.

      (1971, P.A. 834, S. 10.)

      History: Sec. 17-206j transferred to Sec. 17a-549 in 1991.

      Annotation to former section 17-206j:

      Cited. 17 CA 130, 134, 135.

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      Sec. 17a-550. (Formerly Sec. 17-206k). Remedies of aggrieved persons. Any person aggrieved by a violation of sections 17a-540 to 17a-549, inclusive, may petition the superior court within whose jurisdiction the person is or resides for appropriate relief, including temporary and permanent injunctions, or may bring a civil action for damages.

      (1971, P.A. 834, S. 11; P.A. 76-436, S. 365, 681.)

      History: P.A. 76-436 replaced court of common pleas with superior court, effective July 1, 1978; Sec. 17-206k transferred to Sec. 17a-550 in 1991.

      Annotations to former section 17-206k:

      Cited. 210 C. 806. Abrogates state's sovereign immunity. 213 C. 548-553, 555-558, 562.

      Authorizes "direct civil actions" against the state or its commissioners by patients of state mental health facilities aggrieved by violation of sections 17-206b and 17-206c. 17 CA 130, 131, 133-136, 141.

      A child 17 years of age may demand, on his own authority, release from a psychiatric institution to which he was voluntarily admitted at 15 years of age upon written request of his parents. 30 CS 886.

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      Secs. 17a-551 to 17a-559. Reserved for future use.

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PART IV
WHITING FORENSIC DIVISION

      Sec. 17a-560. (Formerly Sec. 17-238). Definitions. As used in sections 17a-560 to 17a-576, inclusive, unless specifically provided otherwise, "division", means the Whiting Forensic Division, including the diagnostic unit established under the provisions of section 17a-562, or any other facility of the Department of Mental Health and Addiction Services which the commissioner may designate as appropriate. The words "institute" or "diagnostic unit" as used in sections 17a-566, 17a-567, 17a-570 and 17a-576 when applied to children or youth under the age of eighteen, mean any facility of the Department of Children and Families designated by the Commissioner of Children and Families. "Board" means the advisory and review board appointed under the provisions of section 17a-565. "Commissioner" means the Commissioner of Mental Health and Addiction Services or in the case of children, the Commissioner of Children and Families.

      (1957, P.A. 650, S. 1; P.A. 73-245, S. 2; P.A. 75-603, S. 13, 15; P.A. 80-470, S. 1, 11; P.A. 81-472, S. 38, 159; P.A. 91-121; P.A. 93-91, S. 1, 2; P.A. 95-257, S. 11, 20, 58.)

      History: P.A. 73-245 defined "institute" rather than "center" reflecting change of security treatment center to Whiting Forensic Institute; P.A. 75-603 revised provisions to reflect transfer of programs, services, institutions etc. for children to control of department of children and youth services; P.A. 80-470 removed reference to repealed Sec. 17-246, referred to facilities rather than institutions and changed age limit with reference to children "or youth" from fifteen to eighteen; P.A. 81-472 made technical changes; Sec. 17-238 transferred to Sec. 17a-560 in 1991; P.A. 91-121 removed restriction on placing women in Whiting Forensic Institute; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and "Whiting Forensic Institute" with "Whiting Forensic Division", effective July 1, 1995.

      Annotation to former section 17-238:

      Cited. 41 CS 229, 244.

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      Sec. 17a-560a. Whiting Forensic Division of Connecticut Valley Hospital substituted for Whiting Forensic Institute. (a) On and after July 1, 1995, wherever the words "Whiting Forensic Institute" are used or referred to in the following general statutes, the words "Whiting Forensic Division" shall be substituted in lieu thereof and wherever the word "institute" is used or referred to in the following general statutes, the word "division" shall be substituted in lieu thereof: 5-145a, 5-173, 5-192f, 17a-517, 17a-521, 17a-548 and 17a-560 to 17a-576, inclusive.

      (b) If the term "Whiting Forensic Institute" is used or referred to in any public or special act of 1995 or 1996 or in any section of the general statutes which is amended in 1995 or 1996 it shall be deemed to mean or refer to the Whiting Forensic Division of the Connecticut Valley Hospital.

      (P.A. 95-257, S. 20, 58.)

      History: P.A. 95-257, S. 20 effective July 1, 1995.

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      Sec. 17a-561. (Formerly Sec. 17-239). Persons to be treated at Whiting Forensic Division. The Whiting Forensic Division of the Connecticut Valley Hospital shall exist for the care and treatment of (1) patients with psychiatric disabilities, confined in facilities under the control of the Department of Mental Health and Addiction Services, who require care and treatment under maximum security conditions, (2) persons convicted of any offense enumerated in section 17a-566 who, after examination by the staff of the diagnostic unit of the division as herein provided, are determined to have psychiatric disabilities and be dangerous to themselves or others and to require custody, care and treatment at the division and (3) inmates in the custody of the Commissioner of Correction who are transferred in accordance with sections 17a-512 to 17a-517, inclusive, and who require custody, care and treatment at the division.

      (1957, P.A. 650, S. 2; 1959, P.A. 426, S. 1; P.A. 73-245, S. 3; P.A. 80-470, S. 2, 11; P.A. 95-257, S. 18, 20, 58.)

      History: 1959 act changed wording of Subdiv. (2) and deleted stipulation that persons convicted, etc., be mentally ill, mentally deficient or emotionally unbalanced; P.A. 73-245 replaced "security treatment center" with "Whiting Forensic Institute"; P.A. 80-470 reworded provisions; Sec. 17-239 transferred to Sec. 17a-561 in 1991; P.A. 95-257 replaced Whiting Forensic Institute with Whiting Forensic Division of the Connecticut Valley Hospital, replaced references to mentally ill persons with references to persons with psychiatric disabilities and replaced Department of Mental Health with Department of Mental Health and Addiction Services, effective July 1, 1995.

      Annotations to former section 17-239:

      Cited. 224 C. 168, 171.

      Cited. 20 CA 737, 755, 756.

      Cited. 41 CS 229, 241, 242.

      Annotation to present section:

      Cited. 224 C. 168, 171.

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      Sec. 17a-562. (Formerly Sec. 17-240). Whiting Forensic Division under control and supervision of Department of Mental Health and Addiction Services. The Whiting Forensic Division of the Connecticut Valley Hospital shall be within the general administrative control and supervision of the Department of Mental Health and Addiction Services. The director, with the approval of the commissioner and the board, shall establish such subdivisions, which may be located geographically separate from the division, as may be deemed proper for the administrative control and the efficient operation thereof, one of which subdivisions shall be the diagnostic unit.

      (1957, P.A. 650, S. 3; 1959, P.A. 208; P.A. 73-245, S. 4; P.A. 95-257, S. 19, 58.)

      History: 1959 act deleted stipulation that divisions and subdivisions be within the center and added that they may be geographically separate; P.A. 73-245 replaced "center" with "institute" reflecting change of security treatment center to Whiting Forensic Institute; Sec. 17-240 transferred to Sec. 17a-562 in 1991; P.A. 95-257 replaced Whiting Forensic Institute with Whiting Forensic Division of the Connecticut Valley Hospital, replaced "divisions" with "subdivisions" and replaced Department of Mental Health with Department of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-563. (Formerly Sec. 17-242). Appointment of staff. The director shall appoint, subject to chapter 67 and with the approval of the advisory and review board, adequate staff including psychiatrists, certified psychologists, social workers, a dentist and such other professional and clerical assistance as is necessary.

      (1957, P.A. 650, S. 5.)

      History: Sec. 17-242 transferred to Sec. 17a-563 in 1991.

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      Sec. 17a-564. (Formerly Sec. 17-242a). Director to make report to board. The director of the Whiting Forensic Division shall quarterly make a report to the Board of Mental Health and Addiction Services on the affairs of the institute, including reports of reexaminations and recommendations.

      (1959, P.A. 607, S. 2; P.A. 73-245, S. 5; P.A. 95-257, S. 13, 20, 29, 58.)

      History: P.A. 73-245 replaced "security treatment center" with "Whiting Forensic Institute"; Sec. 17-242a transferred to Sec. 17a-564 in 1991; P.A. 95-257 replaced Whiting Forensic Institute with Whiting Forensic Division and Board of Mental Health with Board of Mental Health and Addiction Services, effective July 1, 1995.

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      Sec. 17a-565. (Formerly Sec. 17-243). Advisory and review board. There shall be an advisory board for the division, constituted as follows: The Commissioner of Mental Health and Addiction Services, three physicians licensed to practice in this state, two of whom shall be psychiatrists, two attorneys of this state, at least one of whom shall be in active practice and have at least five years' experience in the trial of criminal cases, one licensed psychologist with experience in clinical psychology, one social worker who is masters level or higher, and one person actively engaged in business who shall have at least ten years' experience in business management. Annually, on October first, the Governor shall appoint a member or members to replace those whose terms expire for terms of five years each. The board shall elect a chairman and a secretary, who shall keep full and accurate minutes of its meetings and preserve the same. The board shall meet at the call of the chairman at least quarterly. Members of the board shall receive no compensation for their duties as such but shall be reimbursed for their actual expenses incurred in the course of their duties. Said board shall confer with the staff of the division and give general consultative and advisory services on problems and matters relating to its work. On any matter relating to the work of the division, the board may also confer with the warden or superintendent of the affected Connecticut correctional institution.

      (1957, P.A. 650, S. 6; P.A. 73-245, S. 6; P.A. 86-186, S. 6; P.A. 91-278, S. 4; P.A. 93-216, S. 7; P.A. 94-10, S. 1, 2; P.A. 95-257, S. 11, 20, 58.)

      History: P.A. 73-245 replaced "center" with "institute", reflecting change of "security treatment center" to "Whiting Forensic Institute" and replaced State Prison, Connecticut Reformatory and Connecticut State Farm for Women with Connecticut Correctional Institutions at Somers, Cheshire and Niantic; P.A. 86-186 changed the name of the Connecticut Correctional Institution, Cheshire to the John R. Manson Youth Institution, Cheshire; Sec. 17-243 transferred to Sec. 17a-565 in 1991; P.A. 91-278 removed references to Mansfield Training School; P.A. 93-216 removed the reference to the Connecticut School for Boys; P.A. 94-10 changed the composition of the board to specify three physicians, two of whom are psychiatrists, deleted requirement that a staff psychiatrist from the Institute of Living be member, removed two professors one in sociology and one in psychology, replacing them with one licensed psychologist and one masters level social worker and raised the required experience in business management from ten to fifteen years for business representative, effective April 25, 1994; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted "division" for "institute", effective July 1, 1995.

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      Sec. 17a-566. (Formerly Sec. 17-244). Certain convicted persons to be examined. Report and recommendation. (a) Except as provided in section 17a-574 any court prior to sentencing a person convicted of an offense for which the penalty may be imprisonment in the Connecticut Correctional Institution at Somers, or of a sex offense involving (1) physical force or violence, (2) disparity of age between an adult and a minor or (3) a sexual act of a compulsive or repetitive nature, may if it appears to the court that such person has psychiatric disabilities and is dangerous to himself or others, upon its own motion or upon request of any of the persons enumerated in subsection (b) of this section and a subsequent finding that such request is justified, order the commissioner to conduct an examination of the convicted defendant by qualified personnel of the division. Upon completion of such examination the examiner shall report in writing to the court. Such report shall indicate whether the convicted defendant should be committed to the diagnostic unit of the division for additional examination or should be sentenced in accordance with the conviction. Such examination shall be conducted and the report made to the court not later than fifteen days after the order for the examination. Such examination may be conducted at a correctional facility if the defendant is confined or it may be conducted on an outpatient basis at the division or other appropriate location. If the report recommends additional examination at the diagnostic unit, the court may, after a hearing, order the convicted defendant committed to the diagnostic unit of the division for a period not to exceed sixty days, except as provided in section 17a-567 provided the hearing may be waived by the defendant. Such commitment shall not be effective until the director certifies to the court that space is available at the diagnostic unit. While confined in said diagnostic unit, the defendant shall be given a complete physical and psychiatric examination by the staff of the unit and may receive medication and treatment without his consent. The director shall have authority to procure all court records, institutional records and probation or other reports which provide information about the defendant.

      (b) The request for such examination may be made by the state's attorney or assistant state's attorney who prosecuted the defendant for an offense specified in this section, or by the defendant or his attorney in his behalf. If the court orders such examination, a copy of the examination order shall be served upon the defendant to be examined.

      (c) Upon completion of the physical and psychiatric examination of the defendant, but not later than sixty days after admission to the diagnostic unit, a written report of the results thereof shall be filed in quadruplicate with the clerk of the court before which he was convicted, and such clerk shall cause copies to be delivered to the state's attorney, to counsel for the defendant and to the Court Support Services Division.

      (d) Such report shall include the following: (1) A description of the nature of the examination; (2) a diagnosis of the mental condition of the defendant; (3) an opinion as to whether the diagnosis and prognosis demonstrate clearly that the defendant is actually dangerous to himself or others and requires custody, care and treatment at the division; and (4) a recommendation as to whether the defendant should be sentenced in accordance with the conviction, sentenced in accordance with the conviction and confined in the institute for custody, care and treatment, placed on probation by the court or placed on probation by the court with the requirement, as a condition to probation, that he receive outpatient psychiatric treatment.

      (1957, P.A. 650, S. 7; 1959, P.A. 426, S. 2; P.A. 73-245, S. 7; P.A. 80-470, S. 3, 11; P.A. 81-472, S. 39, 159; P.A. 85-350, S. 1; P.A. 95-257, S. 20, 48, 58; P.A. 02-132, S. 2.)

      History: 1959 act deleted prerequisite for finding in Subsec. (d)(3) as to whether defendant is mentally ill, mentally deficient or emotionally unbalanced and added requirement for opinion as to whether he is a danger to himself; P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute, and replaced "State Prison" with "Connecticut Correctional Institution, Somers"; P.A. 80-470 clarified provisions re psychiatric examinations of convicted offenders and treatment in lieu of or in addition to imprisonment; P.A. 81-472 made technical changes; P.A. 85-350 amended Subsec. (c) by replacing "triplicate" with "quadruplicate" and by requiring copies to be delivered to the office of adult probation; Sec. 17a-244 transferred to Sec. 17a-566 in 1991; P.A. 95-257 substituted "has psychiatric disabilities" for "is mentally ill" and "division" for "institute", effective July 1, 1995; P.A. 02-132 amended Subsec. (c) by replacing "Office of Adult Probation" with "Court Support Services Division".

      See Sec. 53-22 re court-ordered psychiatric examinations.

      Annotations to former section 17-244:

      Cited. 190 C. 327, 329, 331, 340, 341. Cited. 198 C. 397-401. Cited. 200 C. 224, 238-242. Cited. 205 C. 27, 32. Cited. 210 C. 304, 306. Cited. Id., 519, 523, 528. Cited. 216 C. 699, 703. Cited. 224 C. 168, 171, 173, 180, 184. Cited. 227 C. 448, 453.

      Cited. 10 CA 546, 550. Cited. 12 CA 32, 34, 42. Cited. 20 CA 737, 739, 755, 756. Cited. 21 CA 172, 177, 179, 182. Cited. 22 CA 601, 603. Cited. 24 CA 13, 15, 23. Cited. 29 CA 386, 388. Cited. 36 CA 641, 645.

      Cited. 41 CS 229, 233, 241.

      Subsec. (a):

      Cited. 190 C. 327, 330, 341. Cited. 200 C. 224, 241. Cited. 205 C. 27, 28. Cited. 224 C. 168, 173. Cited. 227 C. 448, 452.

      Subsec. (b):

      Cited. 227 C. 448, 452.

      Subsec. (c):

      Cited. 190 C. 327, 341.

      Subsec. (d):

      Subdiv. (4) cited. 190 C. 327, 328, 341, 342. Subdiv. (3) cited. 224 C. 168, 179.

      Annotations to present section:

      Cited. 224 C. 168, 171, 173, 180, 184. Cited. 227 C. 448, 453. Cited. Id., 928. Cited. 230 C. 591, 592, 607. Cited. 236 C. 31, 32, 34, 61-63. Cited. 237 C. 633.

      Cited. 29 CA 386, 388. Cited. 32 CA 448, 449, 459. Cited. 36 CA 641, 645. Cited. 37 CA 500, 503; judgment reversed, see 237 C. 633 et seq. Statutory psychiatric examination not required where adequate psychiatric documentation of defendant's mental condition has been presented during the trial. 62 CA 256.

      Subsec. (a):

      Cited. 224 C. 168, 173. Cited. 227 C. 448, 452. Cited. 237 C. 633.

      Court did not abuse its discretion in denying defendant's motion for presentence psychiatric examination where there was no expert testimony of any mental disease or defect, no evidence of any prior or subsequent psychiatric disabilities and no evidence in the record that defendant would be dangerous to himself or to others in prison. 63 CA 442.

      Subsec. (b):

      Cited. 227 C. 448, 452.

      Subsec. (d):

      Subdiv. (3) cited. 224 C. 168, 179.

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      Sec. 17a-567. (Formerly Sec. 17-245). Disposition of defendant after report. (a) If the report recommends that the defendant be sentenced in accordance with the conviction, placed on probation by the court or placed on probation by the court with the requirement, as a condition of such probation, that he receive outpatient psychiatric treatment, the defendant shall be returned directly to the court for disposition. If the report recommends sentencing in accordance with the conviction and confinement in the division for custody, care and treatment, then during the period between the submission of the report and the disposition of the defendant by the court such defendant shall remain at the division and may receive such custody, care and treatment as is consistent with his medical needs.

      (b) If the report recommends confinement at the division for custody, care and treatment, the court shall set the matter for a hearing not later than fifteen days after receipt of the report. Any evidence, including the report ordered by the court, regarding the defendant's mental condition may be introduced at the hearing by either party. Any staff member of the diagnostic unit who participated in the examination of the defendant and who signed the report may testify as to the contents of the report. The defendant may waive the court hearing.

      (c) If at such hearing the court finds the defendant is not in need of custody, care and treatment at the division, it shall sentence him in accordance with the conviction or place him on probation. If the court finds that such person is in need of outpatient psychiatric treatment, it may place him on probation on condition that he receive such treatment. If the court finds such person to have psychiatric disabilities and to be dangerous to himself or others and to require custody, care and treatment at the division, it shall sentence him in accordance with the conviction and order confinement in the division for custody, care and treatment provided no court may order such confinement if the report does not recommend confinement at the division. The defendant shall not be subject to custody, care and treatment under sections 17a-560 to 17a-576, inclusive, beyond the maximum period specified in the sentence.

      (1957, P.A. 650, S. 8; P.A. 73-245, S. 8; P.A. 80-470, S. 4, 11; P.A. 95-257, S. 20, 48, 58.)

      History: P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute; P.A. 80-470 made previous provisions Subsecs. (a) and (c) with slight changes, adding proviso forbidding confinement at institution unless recommended by report, and inserted new Subsec. (b) re hearing on report; Sec. 17-245 transferred to Sec. 17a-567 in 1991; P.A. 95-257 substituted "have psychiatric disabilities" for "be mentally ill" and "division" for "institute", effective July 1, 1995.

      Annotations to former section 17-245:

      Cited. 190 C. 327, 331, 333, 340, 341. Cited. 200 C. 224, 240. Good conduct statutes do not require different treatment in computation of sentences between those sentenced and confined to Whiting Forensic Institute and those transferred to Whiting from correctional institutions. 205 C. 27-29, 35, 36, 38. Cited. 210 C. 519, 522, 523, 528. Cited. 224 C. 168-170, 173-186, 188.

      Cited. 12 CA 32, 35, 42. Cited. 20 CA 737, 757. Cited. 21 CA 172, 177, 178, 182. Cited. 29 CA 386, 388.

      Cited. 41 CS 229, 244.

      Subsec. (a):

      Cited. 224 C. 168, 175, 176.

      Subsec. (b):

      Statute creates rational classification designed as much to aid the defendant as it is to protect the rights of the state. 190 C. 327, 328, 334, 342, 343.

      Subsec. (c):

      Cited. 205 C. 27, 29, 33. Cited. 210 C. 519, 527. Cited. 224 C. 168, 175.

      Cited. 12 CA 32, 42, 43. Cited. 20 CA 737, 757. Cited. 22 CA 199, 204.

      Annotations to present section:

      Section is constitutional; not in violation of separation of powers doctrine, due process or equal protection rights. 224 C. 168-170, 173-186, 188.

      Cited. 29 CA 386, 388.

      Subsec. (a):

      Cited. 224 C. 168, 175, 176.

      Subsec. (c):

      Cited. 224 C. 168, 175.

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      Sec. 17a-568. (Formerly Sec. 17-247). Other statutes not affected. Nothing in sections 17a-560 to 17a-576, inclusive, shall affect proceedings under sections 17a-580 to 17a-602, inclusive, 17b-249, 17b-250 and 54-56d.

      (1957, P.A. 650, S. 10; 1967, P.A. 183, S. 2; P.A. 80-470, S. 5, 11; P.A. 85-506, S. 28, 32.)

      History: 1967 act deleted reference to Sec. 17-181 which was repealed by same act; P.A. 80-470 deleted reference to repealed Secs. 54-37 and 54-38; P.A. 85-506 deleted reference to repealed Sec. 53a-47 and added reference to Secs. 17-257a to 17-257w, inclusive; Sec. 17-247 transferred to Sec. 17a-568 in 1991.

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      Sec. 17a-569. (Formerly Sec. 17-250). Periodic examinations of patients. Not less than once every six months the staff of the institute shall give a complete psychiatric examination to every patient confined in the division. As used in this section and sections 17a-570 to 17a-573, inclusive, the word "patient" means any person confined for custody, care and treatment under section 17a-567. Such examination shall ascertain whether the patient has psychiatric disabilities and is in need of custody, care and treatment at the division and, in making such determination, the staff shall assemble such information and follow such procedures as are used in initial examinations by the diagnostic unit to indicate the need for custody, care and treatment. The record of the examination shall include the information required in subdivisions (1), (2) and (3) of subsection (d) of section 17a-566 and a recommendation for the future treatment of the patient examined. The record of the examination may include a recommendation for transfer of the patient or change in confinement status.

      (1957, P.A. 650, S. 13; 1959, P.A. 332, S. 2; P.A. 73-245, S. 11; P.A. 80-470, S. 6, 11; P.A. 95-257, S. 20, 48, 58.)

      History: 1959 act specified that center rather than diagnostic unit give reexamination, deleted requirement that report of reexamination and recommendation be submitted to the board, and stated that examination record may include recommendation of transfer or change in confinement status of patient; P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute; P.A. 80-470 referred to examinations rather than reexaminations, required examination at least every six months rather than one year and made minor language changes; Sec. 17-250 transferred to Sec. 17a-569 in 1991; P.A. 95-257 substituted "has psychiatric disabilities" for "is mentally ill" and "division" for "institute", effective July 1, 1995.

      Annotations to former section 17-250:

      Cited. 205 C. 27, 34.

      Cited. 12 CA 32, 35.

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      Sec. 17a-570. (Formerly Sec. 17-251). Review and disposition of case after periodic examination. Report of determination to court. Hearing. (a) As soon as is practicable, the director of the Whiting Forensic Division shall act upon the examination reports of the director's staff. Upon review of each report and upon consideration of what is for the benefit of the patient and for the benefit of society, the director shall determine whether such patient: (1) Is to remain in the division for further treatment, or (2) has sufficiently improved to warrant discharge from the division, provided if such patient was sentenced and confined in the division under section 17a-567, such patient shall not be released except upon order of the court by which such patient was confined under said section, after notice to said court by the director. The director shall report each determination made under this subsection to the court by which the patient was confined in the division.

      (b) If a report submitted by the director to the court under subsection (a) of this section recommends that the patient be returned to the custody of the Commissioner of Correction, the court shall set the matter for a hearing not later than fifteen days after receipt of such report.

      (c) The court, upon its own motion or at the request of the patient or the patient's attorney, may at any time hold a hearing to determine whether such patient should be discharged from the division prior to the expiration of the maximum period of the patient's sentence. Prior to such hearing, the division shall file a report with the court concerning the patient's mental condition. The court may appoint a physician specializing in psychiatry to examine the patient and report to the court. Such hearing shall be held at least once every five years. If the court determines that the patient should be discharged from the division, the patient shall be returned to the custody of the Commissioner of Correction.

      (1957, P.A. 650, S. 14; 1959, P.A. 332, S. 3; P.A. 73-245, S. 12; P.A. 80-470, S. 7, 11; P.A. 89-89; P.A. 95-257, S. 20, 58; P.A. 04-52, S. 1.)

      History: 1959 act deleted requirement that board meet monthly to act on reports, substituting provision for action by director, deleted requirement for board acting as parole board, and provisions requiring compliance with Subdiv. (3) in case of persons sentenced, confined or transferred under Sec. 17-245 or 17-246 and added that, for person sentenced or confined under Sec. 17-245, discharge be only on order of court; P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute; P.A. 80-470 substituted "examination" for "reexamination" and "facility" for "institution", deleted provisions detailing leaves of absence and extended visits in Subdiv. (2) and deleted provisions re return of discharged patient to institute from which transferred to serve out sentence and added Subsec. (b) re hearing to determine whether patient should be discharged; P.A. 89-89 amended Subsec. (a) by deleting Subdiv. (3) re the authority of the director to determine that a patient be granted parole if such patient is under sentence and eligible for parole and redesignating former Subdiv. (4) as Subdiv. (3), and amended Subsec. (b) by replacing provision requiring court after it finds that a patient should be discharged to determine whether the patient should be released, granted parole or returned to the custody of the commissioner of correction with the requirement that such patient be returned to the custody of said commissioner; Sec. 17-251 transferred to Sec. 17a-570 in 1991; P.A. 95-257 replaced "institute" with "division", effective July 1, 1995; P.A. 04-52 amended Subsec. (a) by deleting provisions re transfer of patient to other facility under control of commissioner and re granting leave of absence or extended visit, adding provision re report of each determination to court by which patient was confined and making technical changes, added new Subsec. (b) re court hearing not later than fifteen days after receipt of report and redesignated existing Subsec. (b) as Subsec. (c) and made technical changes therein.

      Annotations to former section 17-251:

      Cited. 205 C. 27, 34, 35. Cited. 210 C. 519-523, 527, 529. Cited. 224 C. 168, 186, 187.

      Cited. 12 CA 32, 34, 35, 41, 46.

      Subsec. (a):

      Subdiv. (4) cited. 12 CA 32, 43.

      Subsec. (b):

      Cited. 205 C. 27, 30. Authorizes trial court to consider release of a sentenced patient upon discharge from Whiting despite apparent conflict with Sec. 53a-39. 210 C. 519, 520, 523, 524, 526-528, 530.

      Cited. 12 CA 32, 43, 44. Cited. 22 CA 199, 204. Cited. 29 CA 386-392.

      Annotations to present section:

      Cited. 224 C. 168, 186, 187.

      Subsec. (b):

      Cited. 29 CA 386-392.

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      Sec. 17a-571. (Formerly Sec. 17-252). Notice of director's action. Copies of the patient's examination report submitted to the director and copies of the director's determination shall be sent to the court which sentenced him if the patient was sentenced under section 17a-567.

      (1957, P.A. 650, S. 15; P.A. 80-470, S. 8, 11; P.A. 81-472, S. 40, 159.)

      History: P.A. 80-470 substituted "examination" for "reexamination" and required that copies of report and determination be sent only to sentencing court, deleting requirement that copies be sent to next-of-kin and warden or superintendent of institution from which patient was transferred; P.A. 81-472 made technical changes; Sec. 17-252 transferred to Sec. 17a-571 in 1991.

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      Sec. 17a-572. (Formerly Sec. 17-253). Records to be confidential. All certificates, applications, records and reports made for the purpose of sections 17a-560 to 17a-576, inclusive, and directly or indirectly identifying a person subject to it shall be kept confidential and shall not be disclosed by any person except so far (1) as the individual identified or his legal guardian, if any, or, if he is a minor, his parent or legal guardian, consents or (2) as disclosure may be necessary to carry out any of the provisions of said sections or (3) as a court may direct upon its determination that disclosure is necessary for the conduct of proceedings before it and that failure to make such disclosure would be contrary to the public interest.

      (1957, P.A. 650, S. 16; P.A. 80-470, S. 9, 11.)

      History: P.A. 80-470 deleted statement that provisions do not preclude disclosure of medical information to family members or relatives; Sec. 17-253 transferred to Sec. 17a-572 in 1991.

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      Sec. 17a-573. (Formerly Sec. 17-254). When director may institute commitment proceedings. Within two months prior to the expiration of the maximum term of confinement authorized for any patient under section 17a-567, the director of the division may, upon the recommendation of the board, initiate proceedings under section 17a-497 or 17a-520 for the commitment or further commitment, as the case may be, of the patient.

      (1957, P.A. 650, S. 17; 1961, P.A. 249; P.A. 73-245, S. 13; P.A. 82-472, S. 153, 183; P.A. 95-257, S. 20, 58.)

      History: 1961 act changed time limit from within six months prior to expiration of term to within two months prior and substituted director of center for welfare commissioner; P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute; P.A. 82-472 removed the reference to patients' confinement under the terms of Sec. 17-246; Sec. 17-254 transferred to Sec. 17a-573 in 1991; P.A. 95-257 substituted "division" for "institute", effective July 1, 1995.

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      Sec. 17a-574. (Formerly Sec. 17-255). Cases affecting juveniles unaffected. Nothing in sections 17a-560 to 17a-576, inclusive, shall be construed to extend to or affect any case in the Superior Court involving a juvenile matter, or to any person arrested for an offense which is not punishable by imprisonment for more than one year or by a fine of not more than one thousand dollars or both or except as provided in section 46b-127.

      (1957, P.A. 650, S. 18; 1961, P.A. 517, S. 18; P.A. 74-183, S. 214, 291; P.A. 76-436, S. 183, 681; P.A. 95-225, S. 40.)

      History: 1961 act substituted circuit court for obsolete municipal and trial justice courts; P.A. 74-183 replaced circuit court with court of common pleas; P.A. 76-436 replaced juvenile court with superior court and specified cases involving juvenile matters, deleted reference to court of common pleas and extended exclusion to persons arrested for offenses where maximum penalty is $1,000 fine and/or one year's imprisonment and to provisions of Secs. 46b-126 and 46b-127, effective July 1, 1978; Sec. 17-255 transferred to Sec. 17a-574 in 1991; P.A. 95-225 deleted from the exception the reference to Sec. 46b-126.

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      Sec. 17a-575. (Formerly Sec. 17-256). Habeas corpus unaffected. Nothing in sections 17a-560 to 17a-576, inclusive, shall be construed to limit or suspend the writ of habeas corpus.

      (1957, P.A. 650, S. 19.)

      History: Sec. 17-256 transferred to Sec. 17a-575 in 1991.

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      Sec. 17a-576. (Formerly Sec. 17-257). Effective date. Sections 17a-566 to 17a-575, inclusive, shall take effect when the Commissioner of Mental Health and Addiction Services certifies to the Secretary of the State that the division, including the diagnostic unit, is established and is adequate to perform the functions contemplated by sections 17a-560 to 17a-576, inclusive.

      (1957, P.A. 650, S. 23; P.A. 73-245, S. 14; P.A. 95-257, S. 11, 20, 58.)

      History: P.A. 73-245 replaced "center", i.e. security treatment center, with "institute", i.e. Whiting Forensic Institute; Sec. 17-257 transferred to Sec. 17a-576 in 1991; P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services and substituted "division" for "institute", effective July 1, 1995.

      Annotations to former section 17-257:

      Cited. 211 C. 591, 593, 597, 604.

      Cited. 15 CA 74, 76; judgment reversed, see 211 C. 591 et seq.

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      Secs. 17a-577 to 17a-579. Reserved for future use.

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PART V*
PSYCHIATRIC SECURITY REVIEW BOARD

      *Annotations to former part IVa of chapter 306:

      Secs. 17-257a-17-257n cited. 208 C. 125, 141, 144. Former Sec. 53a-47 also cited. Id. Sec. 17-257a et seq. cited. 211 C. 591, 593, 596, 597, 604. Secs. 17-257a-17-257w cited. 215 C. 675, 683.

      Secs. 17-257a to 17-257w, inclusive, cited. 10 CA 50, 51; 12 CA 32, 43. Sec. 17-257a et seq. cited. 20 CA 96, 97.

      Annotations to present part V:

      Cited. 41 CA 221-223. Secs. 17a-580-17a-603 cited. Id.; 43 CA 592. Repealed section 53a-47 cited. Id. Secs. 17a-580-17a-603 cited. 46 CA 486.

      Sec. 17a-580. (Formerly Sec. 17-257a). Definitions. As used in sections 17a-581 to 17a-602, inclusive, and this section:

      (1) "Acquittee" means any person found not guilty by reason of mental disease or defect pursuant to section 53a-13;

      (2) "Board" means the Psychiatric Security Review Board established pursuant to section 17a-581;

      (3) "Conditional release" means release subject to the jurisdiction of the board for supervision and treatment on an outpatient basis and includes, but is not limited to, the monitoring of mental and physical health treatment;

      (4) "Court" means the Superior Court;

      (5) "Danger to himself or others" includes danger to the property of others;

      (6) "Hospital for mental illness" means any public or private hospital, retreat, institution, house or place in which a person with psychiatric disabilities or drug-dependent person is received or detained as a patient, but does not include any correctional institution of the state;

      (7) "Mental illness" includes any mental illness in a state of remission when the illness may, with reasonable medical probability, become active;

      (8) "Mental retardation" means mental retardation as defined in section 1-1g;

      (9) "Person who should be conditionally released" means an acquittee who has psychiatric disabilities or is mentally retarded to the extent that his final discharge would constitute a danger to himself or others but who can be adequately controlled with available supervision and treatment on conditional release;

      (10) "Person who should be confined" means an acquittee who has psychiatric disabilities or is mentally retarded to the extent that his discharge or conditional release would constitute a danger to himself or others and who cannot be adequately controlled with available supervision and treatment on conditional release;

      (11) "Person who should be discharged" means an acquittee who does not have psychiatric disabilities or is not mentally retarded to the extent that his discharge would constitute a danger to himself or others;

      (12) "Psychiatrist" means a physician specializing in psychiatry and licensed under the provisions of sections 20-9 to 20-12, inclusive;

      (13) "Psychologist" means a clinical psychologist licensed under the provisions of sections 20-186 to 20-195, inclusive;

      (14) "State's attorney" means the state's attorney for the judicial district wherein the acquittee was found not guilty by reason of mental disease or defect pursuant to section 53a-13;

      (15) "Superintendent" means any person, body of persons or corporation, or the designee of any such person, body of persons or corporation, which has the immediate supervision, management and control of a hospital for mental illness and the patients therein.

      (P.A. 85-506, S. 1, 32; P.A. 87-486, S. 1; P.A. 95-257, S. 48, 58.)

      History: P.A. 87-486 added definition of "mental retardation" and included an acquittee who is mentally retarded within definitions of "person who should be conditionally released", "person who should be confined" and "person who should be discharged"; Sec. 17-257a transferred to Sec. 17a-580 in 1991; P.A. 95-257 replaced variants of "mentally ill" with variants of "psychiatric disabilities", effective July 1, 1995.

      Annotations to former section 17-257a:

      Cited. 20 CA 96, 97.

      Subdiv. (5):

      Cited. 211 C. 591, 600.

      Subdiv. (10):

      Cited. 211 C. 591, 599.

      Annotations to present section:

      Subdiv. (1):

      Cited. 230 C. 400, 405.

      Cited. 41 CA 221, 222. Cited. 43 CA 592.

      Subdiv. (11):

      Meaning of "psychiatric disabilities" within definition is not governed by standard in either Sec. 17a-495(c) or 17a-458(a) and in this case trial court applied the correct standard, found in governing regulations, in its interpretation of the term; determination of whether person is a danger to himself or others is a question of fact and is to be reviewed under the clearly erroneous standard. 265 C. 697.

      Subdiv. (12):

      Cited. 219 C. 314, 337.

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      Sec. 17a-581. (Formerly Sec. 17-257b). Psychiatric Security Review Board. Membership. Meetings. Regulations. (a) There is hereby established a Psychiatric Security Review Board which shall be an autonomous body within the Department of Mental Health and Addiction Services for administrative purposes only. The board shall consist of six members who shall serve for a term of four years and shall be appointed by the Governor with the advice and consent of either house of the General Assembly, except that of the members first appointed to the board: (1) One shall serve for a term ending June 30, 1987; (2) two shall serve for terms ending June 30, 1988; (3) two shall serve for terms ending June 30, 1989; and (4) one appointed pursuant to subdivision (6) of subsection (b) of this section shall serve for a term ending June 30, 1999.

      (b) The membership shall be composed of: (1) A psychiatrist experienced with the criminal justice system and not otherwise employed on a permanent basis by the state; (2) a psychologist experienced with the criminal justice system and not otherwise employed on a permanent basis by the state; (3) a person with substantial experience in the process of probation; (4) a member of the general public; (5) an attorney who is a member of the bar of this state; and (6) a member of the general public with substantial experience in victim advocacy.

      (c) No employee of the Division of Criminal Justice or the Public Defender Services Commission shall be a member of the board.

      (d) The Governor at any time may remove any member for inefficiency, neglect of duty or malfeasance in office.

      (e) A member of the board not otherwise employed full-time by the state shall be paid seventy-five dollars for each day during which the member is engaged in the performance of official duties. In addition, subject to sections 4-15 and 5-141c regulating travel and other expenses of state officers and employees, the member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties.

      (f) Subject to any applicable provision of sections 5-193 to 5-268, inclusive, the board may hire employees to assist in the performance of its duties under sections 17a-580 to 17a-602, inclusive.

      (g) A majority of the members of the board constitutes a quorum for the transaction of business. Hearings shall be held before members of the board.

      (h) The board shall meet at least twice every month, unless the chairman determines that there is not sufficient business before the board to warrant a meeting at the scheduled time. The board shall also meet at other times and places specified by the call of the chairman or of a majority of the members of the board.

      (i) No member of the board shall be personally liable for damage or injury caused in the discharge of his duties. Any person having a complaint for such damage or injury shall present it as a claim against the state under the provisions of chapter 53.

      (j) The board may adopt in accordance with chapter 54 such regulations as may be necessary to carry out the purposes of sections 17a-580 to 17a-602, inclusive.

      (P.A. 85-506, S. 2, 32; P.A. 95-257, S. 11, 58; P.A. 96-121, S. 1, 3.)

      History: Sec. 17-257b transferred to Sec. 17a-581 in 1991; (Revisor's note: In 1993 an obsolete reference in Subsec. (e) to repealed Sec. 5-141a was deleted editorially by the Revisors); P.A. 95-257 replaced Commissioner and Department of Mental Health with Commissioner and Department of Mental Health and Addiction Services, effective July 1, 1995; P.A. 96-121 amended Subsec. (a) by adding Subdiv. (4) re term of member appointed pursuant to Subdiv. (6) of Subsec. (b) of this section and amended Subsec. (b) by adding Subdiv. (6) re member of the general public with substantial experience in victim advocacy, effective May 24, 1996.

      See Sec. 4-38f for definition of "administrative purposes only".

      Annotation to former section 17-257b:

      Cited. 215 C. 675-677.

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      Sec. 17a-582. (Formerly Sec. 17-257c). Confinement of acquittee for examination. Court order of commitment to board or discharge. (a) When any person charged with an offense is found not guilty by reason of mental disease or defect pursuant to section 53a-13, the court shall order such acquittee committed to the custody of the Commissioner of Mental Health and Addiction Services who shall cause such acquittee to be confined, pending an order of the court pursuant to subsection (e) of this section, in any of the state hospitals for psychiatric disabilities or to the custody of the Commissioner of Mental Retardation, for an examination to determine his mental condition.

      (b) Within forty-five days of the order of commitment pursuant to subsection (a) of this section, the superintendent of such hospital or the Commissioner of Mental Retardation shall cause the acquittee to be examined and file a report of the examination with the court, and shall send a copy thereof to the state's attorney and counsel for the acquittee, setting forth the superintendent's or said commissioner's findings and conclusions as to whether the acquittee is a person who should be discharged.

      (c) Within ten days of receipt of such superintendent's or said commissioner's report, either the state's attorney or counsel for the acquittee may file notice of intent to perform a separate examination of the acquittee. An examination conducted on behalf of the acquittee may be performed by a psychiatrist or psychologist chosen by the acquittee and shall be performed at the acquittee's expense unless he is indigent. If the acquittee is indigent, the court shall provide him with the services of a psychiatrist or psychologist to perform the examination at the expense of the state. The superintendent or said commissioner who conducted the initial examination shall, within five days of a request of any party conducting a separate examination pursuant to this subsection, release to such party all records and reports compiled in the initial exami