Bill Text: CT HB05557 | 2018 | General Assembly | Introduced
Bill Title: An Act Concerning The Competency Of A Defendant To Stand Trial.
Sponsorship: Committee Bill
Status: (Passed) 2018-06-11 - Signed by the Governor [HB05557 Detail]
Download: Connecticut-2018-HB05557-Introduced.html
General Assembly |
Raised Bill No. 5557 | ||
February Session, 2018 |
LCO No. 2727 | ||
*02727_______JUD* | |||
Referred to Committee on JUDICIARY |
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Introduced by: |
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(JUD) |
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AN ACT CONCERNING THE COMPETENCY OF A DEFENDANT TO STAND TRIAL.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subdivision (3) of subsection (m) of section 54-56d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
(3) If the court orders the release of a defendant charged with the commission of a crime that resulted in the death or serious physical injury, as defined in section 53a-3, of another person, or with a violation of subdivision (2) of subsection (a) of section 53-21, subdivision (2) of subsection (a) of section 53a-60 or section 53a-60a, 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a or 53a-72b, or orders the placement of such defendant in the custody of the Commissioner of Mental Health and Addiction Services or the Commissioner of Developmental Services, the court may, on its own motion or on motion of the prosecuting authority, order, as a condition of such release or placement, periodic examinations of the defendant as to the defendant's competency at intervals of not less than six months. Such an examination shall be conducted in accordance with subsection (d) of this section. Periodic examinations ordered by the court under this subsection shall continue until (A) the court finds that the defendant has attained competency or until the time within which the defendant may be prosecuted for the crime with which the defendant is charged, as provided in section 54-193 or 54-193a, has expired, whichever occurs first, or (B) the examiners determine there is a substantial probability that the defendant, if provided with a course of treatment, will never regain competency within the maximum period of any placement under this section.
This act shall take effect as follows and shall amend the following sections: | ||
Section 1 |
October 1, 2018 |
54-56d(m)(3) |
Statement of Purpose:
To provide a judge with greater discretion in determining how frequently a defendant should be examined to determine his or her competency to stand trial.
[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.]