PA 10-29—sHB 5249

Judiciary Committee

Government Administration and Elections Committee

AN ACT CONCERNING THE CONFIDENTIALITY OF CERTAIN DOCUMENTS AND RECORDS IN PSYCHIATRIC SECURITY REVIEW BOARD PROCEEDINGS

SUMMARY: This act makes public certain mental health information about people under the supervision of the Psychiatric Security Review Board (PSRB) after they are acquitted of a crime due to a mental disease or defect (acquittees). It applies to otherwise-confidential psychological or psychiatric information that either the acquittee or PSRB uses as evidence in a public hearing concerning the acquittee's release, conditional release, temporary leave, or confinement. Under prior law, such information was protected by the psychologist- or psychiatrist-patient privilege (confidentiality) rules. There was no provision in prior statute concerning temporary leaves.

The act also makes the same change for disclosure rules that mental status examinations acquittees must undergo while conditionally released into the community.

Finally, the act requires PSRB to hold a hearing before granting requests for a temporary leave. Previously, hearings were required only for decisions to discharge, conditionally discharge, or continue the acquittee's confinement.

EFFECTIVE DATE: October 1, 2010

OLR Tracking: SP: SS: CR: DF