History: P.A. 04-258 effective July 1, 2004; P.A. 05-2 added Subdivs. (1) to (5), inclusive, specifying purposes for
which moneys in account shall be expended and made technical changes, effective March 22, 2005.
Sec. 17a-453e. Web site to provide mental health care information and assistance. On or before July 1, 2006, the Commissioner of Mental Health and Addiction
Services shall initiate the development, implementation, promotion and maintenance
of a single resource web site to provide timely access to mental health care information
and assistance for children, adolescents and adults. The resource web site shall include,
but not be limited to: (1) Directory information on available federal, state, regional
and community assistance, programs, services and providers; (2) current mental health
diagnoses and treatment options; (3) links to national and state advocacy organizations,
including legal assistance; (4) summary information on federal and state mental health
law, including private insurance coverage; and (5) an optional, secure personal folder
for web site users to manage information concerning their individual mental health care
and assistance.
(P.A. 05-280, S. 83.)
History: P.A. 05-280 effective July 1, 2005.
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, including the Acute Care
Division of Connecticut Valley Hospital, Norwich Hospital, Fairfield Hills Hospital,
the Connecticut Mental Health Center, the Franklin S. DuBois Center, the Greater
Bridgeport Community Mental Health Center and Dutcher Treatment Center.
(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; P.A. 05-280, S. 79.)
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; P.A. 05-280 amended Subsec. (c) to redefine "state-operated facilities" to include the Acute Care Division of Connecticut Valley Hospital, to remove Cedarcrest Regional Hospital, Blue Hills Hospital, Berkshire Woods Treatment Center
and Eugene Boneski Treatment Center from list of state-operated facilities and to remove provision re portions of facilities
transferred to the Department of Children and Families, effective July 1, 2005.
Sec. 17a-458b. "Acute Care Division" defined. If the term "Acute Care Division"
is used or referred to in any public or special act of 2005 or 2006 or in any section of
the general statutes that is amended in 2005 or 2006, it shall be deemed to mean or refer
to the Acute Care Division of Connecticut Valley Hospital.
(P.A. 05-280, S. 80.)
History: P.A. 05-280 effective July 1, 2005.
Sec. 17a-458c. Effect of consolidation of operations at Connecticut Valley Hospital and Cedarcrest Hospital. Regardless of any consolidation of operational functions at Connecticut Valley Hospital and Cedarcrest Hospital, the campuses of Connecticut Valley Hospital and Cedarcrest Hospital shall constitute separate hospitals for
purposes of section 17a-511 and each such hospital shall designate an administrator
who is authorized to render final decisions resolving patient complaints and grievances.
(P.A. 05-280, S. 81.)
History: P.A. 05-280 effective July 1, 2005.
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.
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; P.A. 05-9, S. 1.)
History: June 30 Sp. Sess. P.A. 03-3 effective August 20, 2003; P.A. 05-9 amended Subsec. (b) to make permanent the
operation of residences for adults with acquired brain injuries which had been previously operated on a pilot basis.
Sec. 17a-485c. Supportive Housing Initiative. First phase Supportive Housing
Pilots Initiative. Second phase Next Steps Initiative. Memoranda of understanding.
Reports. (a) The Commissioner of Mental Health and Addiction Services, in collaboration with the Commissioners of Social Services, Children and Families and Economic
and Community Development and the Connecticut Housing Finance Authority, shall
establish a Supportive Housing Initiative to provide additional units of affordable housing and support services to eligible persons. The Supportive Housing Initiative shall be
implemented in two phases with the first phase to be known as the Supportive Housing
Pilots Initiative and the second phase to be known as the Next Steps Initiative.
(b) The Supportive Housing Pilots Initiative shall provide up to six hundred fifty
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.
(c) 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.
(d) The Next Steps Initiative shall provide up to five hundred additional units of
affordable housing and support services to: (1) Eligible households, as defined in section
17a-484a; (2) families who are eligible under the state plan for the federal temporary
assistance for needy families program; (3) adults who are eighteen to twenty-three years
of age, inclusive, and who are homeless, or at risk for becoming homeless because they
are transitioning from foster care or other residential programs; and (4) 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
and may include both individuals and families with special needs and individuals and
families without such needs.
(e) Not later than October 1, 2005, 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, Children
and Families 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 five hundred dwelling units of supportive housing under the Next Steps Initiative; (2) the Department of
Social Services may provide subsidies, including, but not limited to, project-based rental
subsidy certificates during the term of any mortgage loan, that may include payments
to fund reasonable repair and replacement reserves; (3) the Connecticut Housing Finance
Authority and the Department of Economic and Community Development may provide
grants, mortgage loans or tax credits, or any combination thereof that offer a viable
financing package, including capitalized operating reserves; (4) the Departments of
Mental Health and Addiction Services, Social Services and Children and Families may
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) the parties to the memorandum of understanding may include such other provisions to the memorandum of understanding that the parties find: (A) Necessary to assure
the effectuation of the Supportive Housing Initiative, and (B) appropriate for repayment
of state assistance to the state, as a result of payment of mortgage loans by the Connecticut
Housing Finance Authority from federal or other sources of revenue, if any. Not later
than January 1, 2006, the Connecticut Housing Finance Authority shall issue one or
more requests 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 Departments of Mental Health and Addiction Services, Social
Services and Children and Families. The Connecticut Housing Finance Authority shall
review and underwrite projects developed under the Supportive Housing Initiative. For
purposes of this subsection, "state assistance" means a payment by the state of actual
debt service, comprised of principal, interest, interest rate swap payments, liquidity fees,
letter of credit fees, trustee fees, and other similar bond-related expenses.
(f) Not later than January 1, 2006, the Commissioners of Mental Health and Addiction Services, Children and Families, Social Services and Economic and Community
Development and the Connecticut Housing Finance Authority shall submit an interim
status report relative to the Supportive Housing 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, 2007, 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 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; P.A. 05-280, S. 32; June Sp. Sess. P.A. 05-3, S. 101.)
History: June Sp. Sess. P.A. 01-8 effective July 1, 2001; P.A. 05-280 redesignated existing Subsec. (a) as new Subsecs.
(a) and (b), amended Subsec. (a) by adding Commissioner of Children and Families to the collaboration, changing the
name of the initiative from the Supportive Housing Pilots Initiative to the Supportive Housing Initiative and providing
that the Supportive Housing Initiative would be implemented in two phases, the first phase being the Supportive Housing
Pilots Initiative and the second phase being the Next Steps Initiative, amended Subsec. (b) to provide that Supportive
Housing Pilots Initiative shall provide up to six hundred fifty units of affordable housing and support services, redesignated
existing Subsec. (b) as new Subsec. (c) and deleted reference therein to Supportive Housing Pilots Initiative providing up
to six hundred fifty dwelling units, added new Subsec. (d) re Next Steps Initiative providing up to an additional five hundred
units of affordable housing and support services and specifying persons who would be eligible for such housing, added
new Subsec. (e) re memorandum of understanding concerning the Next Steps Initiative, the content of such memorandum
and requests for proposals for entities interested in participating in said initiative, redesignated existing Subsec. (c) as
Subsec. (f) and amended same to change due date for interim status report from January 1, 2004, to January 1, 2006, add
Commissioners of Children and Families and Social Services to those included in the interim status report, change Supportive Housing Pilots Initiative to Supportive Housing Initiative and change due date for final report from January 1, 2006,
to January 1, 2007, effective July 1, 2005; June Sp. Sess. P.A. 05-3 amended Subsec. (e) re content of memorandum of
understanding by adding provision re payments to find reasonable repair and replacement reserves, permitting parties to
include provisions necessary to assure effectuation of the Supportive Housing Initiative, adding provision permitting the
Connecticut Housing Finance Authority to give priority in request for proposal process to applicants that are deemed
qualified to provide services by Departments of Mental Health and Addiction Services, Social Services and Children and
Families and defining "state assistance", effective July 1, 2005.
See Sec. 17a-485e re state authority to enter into contracts with Connecticut Housing Finance Authority to effectuate
the Supportive Housing Initiative.
Sec. 17a-485d. Availability of optional rehabilitation services or substance
abuse services under Medicaid program. Amendments to Medicaid state plan. Report to General Assembly. 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) Not later than February 1, 2006, the Commissioner of Mental Health and Addiction Services, in consultation with the Commissioners of Children and Families and
Social Services shall report, in accordance with the provisions of section 11-4a, 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,
on any moneys received by the state as federal Medicaid reimbursement for providing
coverage of optional rehabilitation services for children and adults.
(e) 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; June Sp. Sess.
P.A. 05-3, S. 98.)
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; June Sp. Sess. P.A. 05-3 added new Subsec. (d) requiring Commissioner of Mental Health
and Addiction Services to report to General Assembly on moneys received by the state as federal Medicaid reimbursement
for providing coverage for optional rehabilitation services for children and adults and redesignated existing Subsec. (d) as
Subsec. (e), effective July 1, 2005.
Sec. 17a-485e. State contractual authority re state assistance on bonds issued
by the Connecticut Housing Finance Authority for the Supportive Housing Initiative. (a) For purposes of this section "state assistance" means a payment by the state of
actual debt service, comprised of principal, interest, interest rate swap payments, liquidity fees, letter of credit fees, trustee fees, and other similar bond-related expenses.
(b) On and after January 1, 2006, the State Bond Commission may authorize the
State Treasurer and the Secretary of the Office of Policy and Management to enter into
a contract or contracts to provide state assistance on bonds issued by the Connecticut
Housing Finance Authority as provided in this section. If so authorized by the State
Bond Commission, the state, acting by and through the Secretary of the Office of Policy
and Management and State Treasurer, shall enter into a contract or contracts with the
Connecticut Housing Finance Authority that provide the state shall pay to said authority
state assistance on bonds issued by said authority for purposes of providing funds for
mortgage loans made by said authority pursuant to the provisions of section 17a-485c,
funds for reasonable repair and replacement reserves and costs of issuance in an aggregate principal amount not to exceed seventy million dollars. Any provision of such a
contract entered into providing for payments equal to annual debt service shall constitute
a full faith and credit obligation of the state and as part of the contract of the state with
the holders of any bonds or refunding bonds, as applicable, appropriation of all amounts
necessary to meet punctually the terms of such contract is hereby made and the State
Treasurer shall pay such amounts as the same become due. The Connecticut Housing
Finance Authority may pledge such state assistance as security for the payment of such
bonds or refunding bonds issued by said authority. Any bonds so issued for the Supportive Housing Initiative by the Connecticut Housing Finance Authority and at any time
outstanding may at any time or from time to time be refunded, in whole or in part, by
the Connecticut Housing Finance Authority by the issuance of its refunding bonds in
such amounts as the authority may deem necessary or appropriate but not exceeding an
amount sufficient to refund the principal amount of the bonds to be so refunded, any
unpaid interest thereon, and any premiums, commissions and costs of issuance necessary
to be paid in connection therewith. The state, acting by and through the Office of Policy
and Management and the State Treasurer and without further authorization, may execute
an amendment to any contract providing state assistance as required in connection with
such refunding bonds.
(c) Notwithstanding any contract entered into by the state with the Connecticut
Housing Finance Authority for state assistance the bonds or refunding bonds to which
such state assistance applies shall not constitute bonds or notes issued or guaranteed by
the state within the meaning of section 3-21.
(P.A. 05-280, S. 33; June Sp. Sess. P.A. 05-3, S. 102.)
History: P.A. 05-280 effective July 1, 2005; June Sp. Sess. P.A. 05-3 amended Subsec. (a) to redefine "state assistance",
amended Subsec. (b) to revise state's contractual authority to provide state assistance on bonds issued by Connecticut
Housing Finance Authority for the Supportive Housing Initiative, specifying that aggregate principal amount of bonds is
not to exceed seventy million dollars and adding provision re state authority to amend any contract providing state assistance
as required in connection with refunding bonds and added Subsec. (c) re bonds to which state assistance applies shall not
constitute bonds or notes issued or guaranteed by the state within Sec. 3-21, effective July 1, 2005.
See Sec. 17a-485c re Supportive Housing Initiative.
Sec. 17a-485f. Supported or supervised housing for adults with severe and
persistent psychiatric disabilities. The Commissioner of Mental Health and Addiction
Services shall, within available appropriations, provide additional supported or supervised housing for adults with severe and persistent psychiatric disabilities.
(P.A. 05-280, S. 88.)
History: P.A. 05-280 effective July 1, 2005.
Sec. 17a-487. Serious injury or unexpected death of persons served by Department of Mental Health and Addiction Services and Department of Children and
Families. (a) If a serious injury or unexpected death occurs involving a person being
served by the Department of Mental Health and Addiction Services and the Department
of Children and Families, each agency may share, in accordance with applicable federal
privacy laws, information and records in its custody relating to the care and treatment
of said person with the other agency without the consent of said person, provided the
information shared is necessary to allow each agency to assist the other in investigating
such occurrence and identifying risk factors that might prevent the occurrence of a
similar serious injury or unexpected death.
(b) The finding of any investigation of a serious injury or unexpected death conducted by the Department of Mental Health and Addiction Services and the Department
of Children and Families 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 death. Nothing in this section shall be
construed as restricting disclosure of confidential communications or records upon
which such finding is based where such disclosure is otherwise required by law. No
person who participated in an investigation conducted pursuant to this section shall be
permitted or required to testify in any civil action as to the content of such action; except
that the provisions of this section shall not preclude (1) in any civil action (A) the use
of any writing that was created independently of such action; (B) the testimony of any
person concerning the facts that formed the basis for the institution of such action; or
(C) disclosure of the fact that staff privileges were terminated or restricted, including
the specific restriction imposed, if any, or (2) in any health care provider proceedings
concerning the termination or restriction of staff privileges, the use of data discussed
or developed during an investigation.
(P.A. 05-92, S. 1.)
PART II
COMMITMENT. GENERAL PROVISIONS
Sec. 17a-517. (Formerly Sec. 17-194g). Hospitalization of desperate or dangerous individual in Whiting Forensic Division. Exception. Limitation on placement of inmate requiring maximum security conditions. 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, 17a-521 and 54-56d 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; P.A. 05-19, S. 1.)
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; P.A. 05-19 added reference to Sec. 54-56d.
PART V
PSYCHIATRIC SECURITY REVIEW BOARD
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,
except that a psychiatrist employed by The University of Connecticut Health Center
who is not responsible for the administration of or treatment decisions for persons under
the jurisdiction of the Psychiatric Security Review Board shall be eligible for membership under this subdivision; (2) a psychologist experienced with the criminal justice
system and not otherwise employed on a permanent basis by the state, except that a
psychologist employed by The University of Connecticut Health Center who is not
responsible for the administration of or treatment decisions for persons under the jurisdiction of the Psychiatric Security Review Board shall be eligible for membership under
this subdivision; (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; P.A. 05-16, S. 1.)
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; P.A. 05-16 amended Subsec. (b)(1) and (2) to authorize psychiatrist and
psychologist employed by The University of Connecticut Health Center who are not responsible for administration of or
treatment decisions for persons under board jurisdiction to be eligible for membership.
Sec. 17a-582. (Formerly Sec. 17-257c). Confinement of acquittee for examination. Court order of commitment to board or discharge.
Subsec. (a):
Finding required of the court by Subsec. (c) is plain and unambiguous. 88 CA 125.