Judiciary Committee
AN ACT CONCERNING COMPETENCY TO STAND TRIAL
SUMMARY: This act requires the person in charge of a mental health treatment facility providing inpatient treatment to a defendant who is incompetent to stand trial (usually Connecticut Valley Hospital), or a designee, to submit a clinical progress report to the court whenever she or the designee believes the defendant remains incompetent but has improved sufficiently that continued inpatient commitment is not the least restrictive placement appropriate and available to restore competency.
The court must schedule a hearing within 10 days of receiving the report. If the court agrees with its findings, the law permits it to continue or modify the placement order. The act requires it to consider whether the availability of a less restrictive placement is a sufficient basis on which to release the defendant on (1) a promise to appear, (2) conditions of release, or (3) cash bail or bond. It may order the defendant to continue treatment on an outpatient basis.
EFFECTIVE DATE: October 1, 2011
BACKGROUND
Incompetency to Stand Trial
A criminal defendant is incompetent to stand trial if he or she cannot understand the charges or aid in his or her defense. In most cases, the defendant is placed in the custody of the Department of Mental Health and Addiction Services for treatment meant to restore his or her competency. He or she may be held for the maximum length of the sentence for the crime of which he or she is charged or 18 months, whichever is less.
OLR Tracking: SP: KM: PF: ro