Bill Text: CT HB05037 | 2012 | General Assembly | Introduced

Connecticut House Bill 5037 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: An Act Implementing The Governor's Budget Recommendations Concerning Public Health.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2012-06-15 - Signed by the Governor [HB05037 Detail]

Download: Connecticut-2012-HB05037-Introduced.html


General Assembly		*Governor's Bill No. 5037*
*February Session, 2012*		LCO No. 548
		00548__________
Referred to Committee on Public Health
Introduced by:
REP. DONOVAN, 84^th Dist. REP. SHARKEY, 88^th Dist. SEN. WILLIAMS, 29^th Dist. SEN. LOONEY, 11^th Dist.

AN ACT IMPLEMENTING THE GOVERNOR'S BUDGET RECOMMENDATIONS CONCERNING PUBLIC HEALTH.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 17a-581 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(a) There is hereby established, [a] within the Department of Mental Health and Addiction Services, a division to be known as the Psychiatric Security Review Board. [which shall be an autonomous body within the Department of Mental Health and Addiction Services for administrative purposes only.] The Commissioner of Mental Health and Addiction Services shall oversee said division, provided members of the board appointed pursuant to this section shall exercise independent decision-making authority over all matters relating to acquittees committed to the board's jurisdiction pursuant to section 17a-582. The board shall constitute a successor to the former Psychiatric Security Review Board, in accordance with the provisions of sections 4-38d and 4-39. Any order, decision, agreed settlement or regulation of the Psychiatric Security Review Board which is in force on June 30, 2012, 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in force and effect as an order or regulation of the Department of Mental Health and Addiction Services until amended, repealed or superseded pursuant to law. If the words "Psychiatric Security Review Board" are used or referred to in any public or special act of 2012 or in any section of the general statutes which is amended in 2012, such words shall be deemed to mean or refer to the Psychiatric Security Review Board division within the Department of Mental Health and Addiction Services.

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

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

[(e)] (f) 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)] (g) Subject to any applicable provision of sections 5-193 to 5-268, inclusive, the board may [hire employees] make a request to the Commissioner of Mental Health and Addiction Services for the commissioner to assign such department employees as are necessary to assist the board in the performance of its duties under sections 17a-580 to [17a-602] 17a-603, inclusive.

[(g)] (h) 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)] (i) 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)] (j) 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)] (k) The [board] Department of Mental Health and Addiction Services 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.

Sec. 2. Section 17b-249 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

When any person, charged with any offense punishable by fine or imprisonment or both, has been found not guilty because of mental illness and, by reason of such mental illness, has been committed for confinement or treatment to any institution supported in whole or in part by the state, the expense for the support and treatment of such person while so committed shall be [charged to the state.] paid to the state. The state may recover for the cost of such support and treatment in the manner provided in sections 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, as amended by this act, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, 17b-689b and 17b-743 to 17b-747, inclusive. Notwithstanding the provisions of section 17b-223, the husband or wife of a person committed for confinement or treatment to a state hospital after having been found not guilty because of mental illness, and by reason of mental illness, shall not be liable for the cost of such person's care.

Sec. 3. Section 17b-250 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2012):

(1) When any person has been transferred from the Connecticut Correctional Institution, Somers, the Connecticut Correctional Institution, Niantic, or its maximum security division, the John R. Manson Youth Institution, Cheshire, or a community correctional center to a state hospital, such person's hospital expense prior to the termination of his sentence, [shall be charged to the state. If] or (2) if any person [,] transferred from a correctional institution or community correction center is committed to or otherwise remains in a state hospital after the expiration of his sentence, such person's hospital expense shall be paid to the state in the manner provided for payment in sections 17b-122, 17b-124 to 17b-132, inclusive, 17b-136 to 17b-138, inclusive, 17b-194 to 17b-197, inclusive, 17b-222 to 17b-250, inclusive, as amended by this act, 17b-256, 17b-263, 17b-340 to 17b-350, inclusive, 17b-689b and 17b-743 to 17b-747, inclusive. Notwithstanding the provisions of section 17b-223, the husband or wife of a person transferred from a correctional institution to state care shall not be liable for the cost of care.


This act shall take effect as follows and shall amend the following sections:
Section 1	July 1, 2012	17a-581
Sec. 2	July 1, 2012	17b-249
Sec. 3	July 1, 2012	17b-250

Statement of Purpose:

To implement the Governor's budget recommendations.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]