At any hearing before the board considering the discharge, conditional release or confinement of the acquittee, except a hearing pursuant to section
17a-592 or subsection (d) of section
17a-593, the board shall make a finding as to the mental condition of the acquittee and, considering that its primary concerns are the protection of society and the safety and well-being of the acquittee, shall do one of the following:
(1) If the board finds that the acquittee is a person who should be discharged, it shall recommend such discharge to the court pursuant to section 17a-593.
(2) If the board finds that the acquittee is a person who should be conditionally released, the board shall order the acquittee conditionally released subject to such conditions as are necessary to prevent the acquittee from constituting a danger to himself or others.
(3) If the board finds that the acquittee is a person who should be confined, the board shall order the person confined in a hospital for psychiatric disabilities or placed with the Commissioner of Developmental Services for custody, care and treatment.
(P.A. 85-506, S. 5, 32; P.A. 87-486, S. 3; P.A. 95-257, S. 48, 58; P.A. 07-73, S. 2(b); P.A. 22-45, S. 4.)
History: P.A. 87-486 amended Subdiv. (1) to replace requirement that the board recommend discharge and file an application for discharge with the court with requirement that the board recommend such discharge “to the court” and amended Subdiv. (3) to authorize placement of the person with the commissioner of mental retardation; Sec. 17-257e transferred to Sec. 17a-584 in 1991; P.A. 95-257 substituted “psychiatric disabilities” for “mental illness”, effective July 1, 1995; pursuant to P.A. 07-73 “Commissioner of Mental Retardation” was changed editorially by the Revisors to “Commissioner of Developmental Services”, effective October 1, 2007; P.A. 22-45 added requirement of consideration of safety and well-being of the acquittee.
Annotations to former section 17-257e:
Cited. 211 C. 591; 215 C. 675.
Cited. 15 CA 74; judgment reversed, see 211 C. 591.
Annotation to present section:
Purpose of board is to manage, monitor and review status of each acquittee to ensure protection of general public. 268 C. 508.
Notes of Decisions
Sastrom v. Psychiatric Sec. Review Bd., 968 A.2d 396 (Conn. 2009).
· cites it 11× “” Accordingly, appeals from final decisions, including declaratory rulings, of the board are governed by § 17a-597, which sets forth respective lists of appealable and nonappealable decisions of the board.”
Dyous v. Psychiatric Sec. Review Bd., 826 A.2d 138 (Conn. 2003).
· cites it 15× “” See footnote 11 of this opinion for the relevant text of General Statutes § 17a-584. General Statutes § 4-183 (a) provides in relevant part: “A person who has exhausted all administrative remedies available within the agency and who is aggrieved by a final decision may appeal…”
State v. Harris, 890 A.2d 559 (Conn. 2006).
· cites it 5× “Specifically, he claims: (1) the board applied the incorrect legal standard of dangerousness to the acquittee and (2) the report was biased against the acquittee because the board is required by General Statutes § 17a-584 13 to consider the protection of society as its primary…”
State v. Anderson, 203 A.3d 683 (Conn. App. Ct. 2019).
· cites it 7× “" General Statutes § 17a-583 (b). General Statutes § 17a-584 directs the board, at the hearing held pursuant to § 17a-583 (a), to "make a finding as to the mental condition of the acquittee .”
State v. Metz, 645 A.2d 965 (Conn. 1994).
· cites it 3× “, not to exceed the maximum sentence that could have been imposed if the acquittee had been convicted of the offense, and (B) if there is reason to believe that the acquittee is a person who should be conditionally released, the court shall include in the order a recommendation…”
State v. Long, 847 A.2d 862 (Conn. 2004).
· cites it 2× “General Statutes § 17a-584; see also 28 S.”
Duperry v. Solnit, 803 A.2d 287 (Conn. 2002).
“, not to exceed the maximum sentence that could have been imposed if the acquittee had been convicted of the offense, and (B) if there is reason to believe that the acquittee is a person who should be conditionally released, the court shall include in the order a recommendation…”
Sastrom v. Psychiatric Sec. Review Bd., 938 A.2d 1233 (Conn. App. Ct. 2008).
· cites it 8× “Specifically, General Statutes § 4-186 (f) provides that a plaintiff may appeal from the defendant’s decisions pursuant to the provisions of General Statutes § 17a-597. 4 Section 17a-597 provides that a plaintiff may appeal, inter alia, those decisions entered pursuant to…”
Roy Sastrom v. Psychiatric Sec. Review Bd., 918 A.2d 902 (Conn. App. Ct. 2007).
· cites it 3× “The court reasoned that the language of § 17a-597 (a) clearly and unequivocally limited the right to appeal to orders entered pursuant to subdivision (2) or (3) of § 17a-584 or pursuant to § 17a-587. Id. An order made pursuant to § 17a-599 is not enumerated as an appealable…”
State v. Long, 19 A.3d 1242 (Conn. 2011).
· cites it 2× “” General Statutes §§ 17a-584 (a) and 17a-593 (g).”
State v. Vasquez, 194 Conn. App. 831 (Conn. App. Ct. 2019).
· cites it 2× “General Statutes § 17a-584. The board is required to conduct these hearings at least once every two years until the acquittee is discharged.”
State v. Warren, 919 A.2d 465 (Conn. App. Ct. 2007).
· cites it 2× “General Statutes § 17a-584 provides in relevant part that the board’s “primary concern is the protection of society .”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.