reglab/statecodes huggingface dataset:
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 543(i) - Treatment by Prayer Alone › Section 17a-543(i)-1 - Application procedures

Current through July 10, 2024
Any person admitted to an inpatient facility for the treatment
				of a mental illness, except a person committed for the restoration of criminal
				competency under section
				54-56d
				of the Connecticut General Statutes, who wishes to be treated by prayer alone
				in accordance with the principles and practices of a church or religious
				denomination, may make application in writing to the facility.
(a) The application must state that the
			 person's sincere religious beliefs require that he or she be treated by prayer
			 alone and that a duly accredited practitioner or ordained minister, priest or
			 rabbi of such church or religious denomination is available to provide such
			 treatment.
(b) The application must
			 be signed by both the person and the proposed clergyperson who will provide
			 such treatment and shall outline the nature and frequency of the treatment to
			 be provided, the expected outcome, and the expected length of
			 treatment.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 543(i) - Treatment by Prayer Alone › Section 17a-543(i)-2 - Review procedures

Current through July 10, 2024
(a) Upon receipt of
			 an application filed in accordance with section
			 17a-543(i)
			 -1 of the Regulations of Connecticut State Agencies, the facility shall appoint
			 a licensed physician of an appropriate specialty to conduct an evaluation of
			 the person. Such physician shall prepare a written report, which shall contain
			 his or her conclusion as to whether, based on the person's past history and/or
			 current condition, there is a serious risk of harm to the person or to others
			 if the person is permitted to be treated by prayer alone.
(b) The head of the facility shall then
			 notify the person in writing of his or her decision to permit or not to permit
			 treatment by prayer alone.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 543(i) - Treatment by Prayer Alone › Section 17a-543(i)-3 - Exclusions

Current through July 10, 2024
No person authorized under section
				17a-543(i)
				-1 through 17a-543(i)-2, inclusive, of the Regulations of Connecticut State
				Agencies to be treated by prayer alone shall be subject to any form of
				involuntary medical, psychological or psychiatric treatment unless:
(a) Emergency treatment is ordered under the
			 provisions of section
			 17a-543(b)
			 of the Regulations of Connecticut State Agencies;
(b) The head of the facility makes a finding
			 in writing that the clergyperson designated to provide such treatment has
			 failed to provide the treatment described in the application submitted under
			 subsection
			 17a-543(i)
			 -1 of the Regulations of Connecticut State Agencies; or
(c) The head of the facility has withdrawn
			 such authorization, based on a physician's report that, since the time of the
			 original authorization, the person's condition has changed and there now exists
			 a serious risk of harm to the person or to others.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-5 - Date of filing

Current through July 10, 2024
All correspondence, applications for hearings, orders or
				decisions, and notifications of hearings will be considered filed or received
				by the Board on the date marked received by that office, or on the date issued
				by that office or postmarked by that office if sent by certified
				mail.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-8 - Chair. Power and duties

Current through July 10, 2024
The Chair shall have the power and duties established by law
				and such other powers and duties necessary for the performance of the office.
				These shall include, but not be limited to the following:
(1) Preside at hearings or
			 meetings.
(2) Designate another
			 Board member to preside when appropriate.
(3) Make rulings on procedural
			 matters.
(4) Call special meetings
			 of the Board.
(5) Order the
			 revocation of an acquittee's conditional release pending a hearing.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-9 - Executive director. Powers and duties

Current through July 10, 2024
The Executive Director, the official designate of the Board,
				shall officially represent the Board and shall perform other duties including
				but not limited to:
(1) Supervising
			 work operations of the Board's staff.
(2) Preparing the budget for approval by the
			 Board.
(3) Implementing Board
			 policies and decisions.
(4)
			 Informing the Board of the status of persons under its jurisdiction.
(5) Presenting to the Board all matters
			 requiring Board action.
(6)
			 Performing other duties as authorized or requested by the Board.
(7) Issuing subpoenae and subpoenae duces
			 tecum on behalf of the Board.
(8)
			 Signing Board Memoranda of Decision on behalf of the Board.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-15 - Notice

Current through July 10, 2024
Written notice of a hearing shall be given to the following
				persons or agencies within a reasonable time or as required pursuant to Section
				17a-586
				through
				17a-602,
				inclusive, of the General Statutes.
(1) The acquittee.
(2) Attorney representing the
			 acquittee.
(3) State's
			 Attorney.
(4) The victim, if the
			 Court or the Board finds that the victim requests notification.
(5) Conditional release supervisor and
			 provider if the acquittee is conditionally released.
(6) Any other person requesting
			 notification.
(7) Hospital
			 superintendent if the acquittee is confined in a hospital.
(8) Commissioner of Mental Retardation if the
			 acquittee is in custody of said commissioner.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-16 - Information contained in notice

Current through July 10, 2024
Written notice shall contain the following:
(1) Statement of time, place and location of
			 the hearing.
(2) Statement of the
			 issues to be considered.
(3)
			 Reference to the particular sections of the statutes and regulations
			 involved.
(4) Statement of legal
			 authority and jurisdiction under which the hearing is to be held.
(5) Statement of rights of the acquittee at
			 the hearing, including the following:
(A)
			 Right to appear at all proceedings, except Board deliberations.
(B) Right to cross-examine all witnesses
			 appearing to testify at the hearing.
(C) Right to subpoena witnesses and documents
			 as provided in Section
			 17a-595
			 of the General Statutes.
(D) Right
			 to legal counsel and, if indigent, to have counsel provided without cost,
			 pursuant to the provisions of Chapter 887 of the Connecticut General
			 Statutes.
(E) Right to examine all
			 documents and reports under consideration by the Board.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-17 - Examination of the acquittee

Current through July 10, 2024
Pursuant to Section
				17a-596
				of the General Statutes, prior to any hearing before the Board concerning
				discharge, conditional release or confinement of the acquittee, the PSRB, the
				acquittee or acquittee's counsel, and the State's Attorney may at their own
				expense each choose a psychiatrist or psychologist to examine the
				acquittee.
(a) The examination report
			 shall be filed with the PSRB, and shall include an opinion as to (1) the mental
			 condition of the acquittee, (2) whether the acquittee presents a danger to self
			 or others and the degree of any danger, (3) what type(s) of treatment and
			 supervision the acquittee requires to be controlled.
(b) To facilitate examination the PSRB may
			 order the acquittee temporarily confined in any hospital or other suitable
			 facility for the purposes of examination.
(c) The State's Attorney and/or the acquittee
			 or their counsel shall file written notice of intent to conduct an examination
			 and file the examination report with the Board.
(d) If the acquittee is indigent, the
			 acquittee or the acquittee's attorney may file a written request for the Board
			 to appoint a psychiatrist or psychologist to examine the acquittee. The Board
			 or designee shall approve or deny the request.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-18 - Request for hearing

Current through July 10, 2024
Any party authorized by Sections
				17a-580
				through
				17a-602,
				inclusive of the General Statutes may apply for a hearing before the PSRB in
				accordance with Sections
				17a-580
				through
				17a-602,
				inclusive of the General Statutes, by submitting an application for hearing to
				the PSRB office. If the application is from any party other than the acquittee,
				a report setting forth the facts supporting the request shall accompany such an
				application.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-19 - Application for temporary leave

Current through July 10, 2024
An application for a temporary leave shall be submitted in
				writing to the PSRB by the superintendent or the Commissioner of Mental
				Retardation when such leave would be therapeutic for the acquittee and would
				not pose a danger to the acquittee or others. The application shall state the
				purpose, the proposed conditions of the pass and be signed by the
				superintendent and the treating psychiatrist or the Commissioner of Mental
				Retardation.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-20 - Notification to state's attorney of hospital's application or commissioner of mental retardation's application for temporary leave

Current through July 10, 2024
Upon receipt of an application for a temporary leave pursuant
				to Sec. 19 of these regulations, the PSRB will notify and send to the State's
				Attorney a copy of the application. The State's Attorney must file a request
				for hearing within ten days of receipt of that notification of the application
				for temporary leave if he objects to the granting of temporary
				leave.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-21 - Application for conditional release

Current through July 10, 2024
An application for conditional release as provided for in
				Section
				17a-588
				of the General Statutes, shall include an application for an order for
				conditional release. An application by the superintendent or Commissioner of
				Mental Retardation or a report on an acquittee's application by the
				superintendent or Commissioner shall set forth the facts and a verified
				proposed conditional release plan if the opinion is that the acquittee is a
				person who should be conditionally released.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-22 - Elements of conditional release plan

Current through July 10, 2024
(a) A conditional
			 release plan shall include, but not be limited to, proposals which address the
			 following concerns:
(1) Housing: Housing must
			 be available for the acquittee. PSRB may require 24 hour supervised housing,
			 supervised group home, foster care, housing with relative, or independent
			 housing.
(2) Mental Health or
			 Mental Retardation Treatment: Mental health or mental retardation treatment, if
			 needed, must be available in the community. The proposed provider of treatment
			 must have had an opportunity to evaluate the acquittee and the proposed
			 conditional release plan and to be heard before the PSRB. The provider must
			 have agreed to provide the necessary treatment to the acquittee. The provider
			 shall report to the PSRB on treatment progress and any changes in the
			 acquittee's mental condition.
(3)
			 Conditional Release Supervision: A person or agency must be available to
			 supervise an acquittee in the community. The proposed supervisor must have had
			 the opportunity to evaluate the acquittee, the proposed conditional release
			 plan and to be heard before the Board. The supervisor must monitor the
			 acquittee's compliance with the conditions of his/her release. The supervisor
			 shall report to the PSRB on the acquittee's progress and shall report any
			 violations to the PSRB. A proposed supervisor may be the Office of Adult
			 Probation, a clergyman, a social service professional, staff from the
			 Department of Mental Health, or Department of Mental Retardation or any other
			 qualified or appropriate person or agency.
(4) Special Conditions: Special conditions
			 may be imposed, including, but not limited to, the following: no consumption of
			 alcohol, taking of antabuse, observation by designated individual of each
			 ingestion of medication, submitting to drug screen tests, no driving,
			 vocational activities, day treatment, attending school or working.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-23 - Presiding officer

Current through July 10, 2024
During hearings of the Board, the Chair or acting Chair shall
				preside. The Chair shall designate the order of presentation and questioning.
				The Chair shall also determine the scope of questioning and may set time limits
				to avoid unnecessary cumulative evidence.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-24 - Hearings

Current through July 10, 2024
Hearings shall be conducted as contested cases in accordance
				with Chapter 54 of the Connecticut General Statutes. The rules of evidence
				shall be as prescribed in Section
				4-178
				of the Connecticut General Statutes, Section
				17a-596
				of the General Statutes and these regulations.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-25 - Appearance for acquittee

Current through July 10, 2024
An attorney who is not the attorney of record from the original
				Court commitment hearing shall file an appearance for the acquittee with the
				PSRB prior to representation of the acquittee before the
				PSRB.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-27 - Acquittee's right to representation

Current through July 10, 2024
(a) In connection
			 with any PSRB proceeding, an acquittee who is indigent has the right to public
			 defender services pursuant to the provisions of Chapter 887 of the Connecticut
			 General Statutes, without cost.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-28 - Acquittee appearing pro se

Current through July 10, 2024
When an acquittee waives the right to be represented at a PSRB
				hearing by an attorney, the Board shall take such written or oral testimony as
				it deems necessary and decide whether the acquittee is capable of understanding
				the proceedings and is capable of understanding the nature of his/her refusal
				to be represented by an attorney. If the PSRB determines the acquittee is not
				capable of appearing pro se, the Board will notify the counsel of
				record.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-29 - Acquittee's right to review record; exceptions

Current through July 10, 2024
Acquittees shall receive written notice of the hearing and
				directly, or through their attorney, a statement of their rights in accordance
				with Section
				17a-580
				through
				17a-602,
				inclusive, of the General Statutes. All material which the Board intends to
				consider in connection with the hearing, subject to the provisions of
				subsection (1) below, shall be disclosed to the acquittee's attorney or the
				acquittee, if proceeding pro se, as soon as they are available. Materials not
				available prior to the hearing shall be made available to the acquittee's
				attorney or the acquittee, if not represented, at the hearing.
(1) All material which is in the possession
			 of the Board and is relevant and pertinent to the acquittee and issues before
			 the Board shall be made a part of the record unless an objection to any such
			 material is raised by a party before the Board and sustained by the Chair or
			 acting Chair.
(2) Any material
			 excluded from the record by reason of an objection which is sustained pursuant
			 to subsection (1) may be marked for purposes of identification and shall be
			 separated from the record material.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-30 - Evidence considered, admissibility

Current through July 10, 2024
The PSRB shall consider and make part of the administrative
				record all evidence available to it which is material, relevant and reliable.
				Such evidence may include, but is not limited to:
(1) The record of trial.
(2) Information contained in the acquittee's
			 Court file.
(3) Information
			 supplied by the State's Attorney or any interested party, including the
			 acquittee.
(4) Information
			 concerning the acquittee's mental condition.
(5) The entire psychiatric and criminal
			 history of the person, including pertinent motor vehicle records.
(6) Psychiatric or psychological reports
			 concerning the acquittee ordered by the Board or ordered by the
			 Court.
(7) Psychiatric or
			 psychological reports concerning the acquittee written by the psychiatrist or
			 psychologist chosen by the State's Attorney or the acquittee.
(8) Testimony of witnesses.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-32 - Motion practice

Current through July 10, 2024
Any party bringing a motion before the Board shall submit five
				copies of the motion and memorandum of law to the Board and one copy to each
				party of record one week prior to the hearing date on which the motion will be
				heard.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-33 - Executive session

Current through July 10, 2024
The Board may go into Executive Session, closing the meeting or
				hearing to the public upon an affirmative vote of two-thirds of the Board
				members present and voting for a specified purpose allowed under Chapter 3 of
				the Connecticut General Statutes.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-34 - Minutes and transcriptions

Current through July 10, 2024
(a) Minutes shall
			 be kept which reflect Board action taken at an administrative meeting and any
			 decision made at a conference or hearing of the Board.
(b) All Board hearings, except Board
			 deliberations, shall be recorded by manual or electronic means which can be
			 transcribed. Such recordings shall be the only record of the hearings made by
			 the Board.
(c) A transcript of the
			 recorded proceedings shall be made available at cost to a party to the
			 proceedings upon request.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-35 - Witnesses and documents; subpoena

Current through July 10, 2024
(a) Documents or
			 physical evidence may be subpoenaed as provided in Section
			 17a-595
			 of the General Statutes, at the request of any party to the hearing upon a
			 proper showing of the general relevance and reasonable scope of the documentary
			 or physical evidence sought, or upon the Board's own motion.
(b) Witnesses shall be subpoenaed by the
			 Board or its designated representative at the request of any party or upon the
			 Board's own motion.
(c) Witnesses
			 with a subpoena other than the parties or state officers or state employees
			 shall receive fees and mileage, as prescribed by law, for witnesses in civil
			 actions. If the Board or its designated representative certifies that the
			 testimony of a witness was relevant and material, any person who has paid fees
			 and mileage to such witness shall be reimbursed by the Board.
(d) If any person, agency or facility fails
			 to comply with a subpoena issued by the Board or fails to testify regarding any
			 matter on which he may be lawfully interrogated, the Board or its designated
			 representative shall apply to a judge of the Superior Court in order to compel
			 obedience by proceedings for contempt as provided in Section
			 17a-595(d)
			 of the General Statutes.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-37 - Standards and burdens of proof

Current through July 10, 2024
(a) The standard of
			 proof on all issues at hearings of the PSRB shall be the preponderance of the
			 evidence.
(b) On any hearing held
			 pursuant to a request, petition or application, the burden of proof shall be
			 upon the party who has submitted the request, petition or
			 application.
(c) In any hearing
			 held upon the Board's own motion, any party seeking a change in an existing
			 order or the current status of an acquittee shall have the burden of
			 proof.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-39 - Continuance of hearing

Current through July 10, 2024
Upon the request of any party, or on its own motion, the Board
				may, to obtain additional information or testimony or for other good cause
				shown, continue a hearing for a reasonable period of time not to exceed 60
				days.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-40 - Use of restraints

Current through July 10, 2024
(a) The Board
			 prefers to have acquittees appear at hearings without physical restraints. If,
			 in the judgment of the acquittee's physician, the acquittee might need
			 restraining, the Board prefers to have staff attending the hearing with the
			 acquittee rather than use of physical restraints. However, the final decision
			 on use of restraints lies with the physician.
(b) Any attorney objecting to the acquittee
			 appearing with restraints at the hearing may raise the issue and ask for
			 testimony from the physician.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-41 - Principal issues before the board

Current through July 10, 2024
At any hearing before the Board, issues considered shall be
				limited to those relevant to the purposes of the hearing and included in the
				notice of hearing. A request to raise new issues shall be made to the Board in
				writing ten days prior to the hearing. If the Board at its discretion grants a
				request to raise new issues, it may continue the hearing to consider the issues
				and obtain additional evidence and testimony.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-42 - Victim statement

Current through July 10, 2024
The victim, as defined by Section
				17a-601
				of the General Statutes, shall have the right to be present at any hearing, and
				to make a statement at the hearing, expressing his/her opinion(s) on the matter
				before the Board. The victim may submit such a statement in writing prior to
				the hearing to be entered into the record if the victim is not present at the
				hearing.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-43 - Application to reopen a hearing or reconsider a decision

Current through July 10, 2024
A party may apply to the PSRB for the reopening of a previously
				closed proceeding or reconsideration of a decision for good cause shown within
				10 days of the issuance of a memorandum of decision. Upon such application the
				Board at its discretion may reopen any matter previously closed and vacate any
				order made thereon.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-45 - Decision

Current through July 10, 2024
(a) A quorum of the Board shall be present
			 and voting for the purpose of rendering a decision.
(b) A majority of concurring votes
			 (affirmative or negative) is required to make a Board decision.
(c) Any Board member not present for the
			 hearing may participate and vote on the decision after stating that he has read
			 the entire hearing transcript and all hearing exhibits.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-46 - Memorandum of decision

Current through July 10, 2024
(a) All decisions
			 of the PSRB shall be written and signed by the Chair or the Executive Director
			 on behalf of the PSRB.
(b) Each
			 memorandum of decision shall state the Board's findings of fact, conclusions of
			 law and order.
(c) All memoranda of
			 decision shall be mailed, certified mail, return receipt requested to all
			 parties in the case.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-47 - Appeals of decisions

Current through July 10, 2024
Any Board order of confinement or conditional release issued
				pursuant to Section
				17a-584(2)
				or (3) of the General Statutes, and any Board
				order concerning an application for temporary leave issued pursuant to Section
				17a-587
				of the General Statutes, may be appealed to the Superior Court pursuant to
				Section
				4-183 of
				the Connecticut General Statutes. The Board shall give notice of the right to
				judicial review to the acquittee, counsel for the acquittee and the State's
				Attorney.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-51 - Affidavit recommending order of termination of conditional release

Current through July 10, 2024
Upon the recommendation of the staff of the PSRB and receipt of
				an affidavit specifying noncompliance with an order of the Board or a change in
				the acquittee's mental status, the Chair or the Board may order the person
				returned to a hospital or custody of Commissioner of Mental Retardation for
				evaluation and treatment through an order of termination of conditional
				release.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-52 - Reasonable grounds for termination of conditional release

Current through July 10, 2024
Reasonable grounds for termination of a conditional release
				include, but are not limited to:
(1)
			 The acquittee has violated terms of the conditional release plan.
(2) The acquittee's mental condition has
			 changed.
(3) The acquittee has
			 absconded from the Board's jurisdiction.
(4) The community resources required by the
			 conditional release order are no longer available.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-53 - Procedure for execution of revocation order

Current through July 10, 2024
After an order of termination has been signed by the Chair or
				the Board, the written order is sufficient warrant for any peace officer to
				take the acquittee into custody and transport the acquittee as directed by the
				order. Written orders of termination shall be executed by a sheriff, a
				municipal police officer, a constable who performs criminal law enforcement
				duties, an adult probation officer appointed under Connecticut General
				Statutes, Section
				54-104, or
				any other peace officer as defined in Section
				53a-3(9)
				of the Connecticut General Statutes.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-54 - Preparation of conditional release plans

Current through July 10, 2024
When hospital staff or Commissioner of Mental Retardation feels
				that an acquittee is ready for conditional release, it is the responsibility of
				the hospital or Commissioner to develop the plan and confirm all elements of
				the plan.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-55 - Reports

Current through July 10, 2024
(a) The superintendent of any hospital for
			 mental illness in which an acquittee has been confined or Commissioner of
			 Mental Retardation with whom an acquittee has been placed pursuant to order of
			 the Board, or the person or agency responsible for the supervision or treatment
			 of a conditionally released acquittee, shall submit to the Board at least every
			 six months a written report with respect to the mental condition of the
			 acquittee. Such reports shall include but are not limited to: the acquittee's
			 current mental condition, diagnosis, medication, current treatment, status
			 regarding danger posed to self or others, long-term treatment plans and any
			 recommendations for any modification of the existing Board order.
(b) PSRB shall furnish copies of the report
			 pursuant to subsection (a) to the counsel for the acquittee and the State's
			 Attorney.
(c) The superintendent of
			 any hospital for mental illness in which an acquittee has been confined or
			 Commissioner of Mental Retardation with whom an acquittee has been placed
			 pursuant to order of the Board, or the person or agency responsible for the
			 supervision or treatment of a conditionally released acquittee, shall submit
			 any reports on an acquittee as deemed necessary by the Board.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-56 - Transfers by department of mental health or department of mental retardation

Current through July 10, 2024
(a) In the absence
			 of an order of the Court or the Board, no acquittee shall be involuntarily
			 transferred from an nonmaximum security setting to a maximum secuirty setting
			 unless the continued presence of the acquittee in a nonmaximum security setting
			 poses an immediate threat to the safety or well-being of any person.
(b) The PSRB will hold a hearing on a
			 transfer of an acquittee for whom a maximum security confinement order has not
			 been issued by the Court or the Board which results in the confinement of the
			 acquittee in a maximum security setting in the following cases:
(1) A hearing will be held at the next
			 regularly scheduled PSRB meeting date following a transfer if the acquittee
			 does not voluntarily agree to the transfer and sign a waiver to a
			 hearing.
(2) A hearing will be held
			 if the acquittee who voluntarily agreed to the transfer and waived the initial
			 hearing remains in maximum security confinement for more than six
			 months.
(3) A hearing will be held
			 if within the first six months of maximum security confinement an acquittee who
			 voluntarily agreed to the transfer requests a transfer to a less restrictive
			 setting and the Department of Mental Health staff or Commissioner of Mental
			 Retardation does not recommend such a transfer.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-57 - Notification of AWOL

Current through July 10, 2024
The superintendent or Commissioner of Mental Retardation shall
				immediately notify the PSRB of an acquittee going AWOL, i.e. being out of the
				custody of the hospital or being out of the custody of the Commissioner of
				Mental Retardation without permission.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-58 - Petitions for declaratory rulings

Current through July 10, 2024
(a)
Scope.
(1) These regulations set
			 forth the Psychiatric Security Review Board's rules governing the form and
			 content of petitions for declaratory rulings, and Board proceedings on such
			 petitions. Petitions for declaratory rulings may be filed on:
(A) The validity of any regulation of the
			 Board, and
(B) The applicability to
			 specified circumstances of a provision of the general statutes, a regulation,
			 or a final decision, as defined in Connecticut General Statutes, Section
			 4-166(3),
			 on a matter within the jurisdiction of the Board. Any petition for a
			 declaratory ruling not falling in one of these two categories shall be rejected
			 in writing by the Board as not being the proper subject for a petition for a
			 declaratory ruling.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 581 - General Operations and Procedures › Section 17a-581-59 - Personal data

Current through July 10, 2024
(a)
Definitions.
(1) The following
			 definitions shall apply to these regulations:
(A) "Category of Personal Data" means the
			 classifications of personal information set forth in the Personal Data Act,
			 Connecticut General Statutes, Section
			 4-190(9).
(B) "Other Data" means any other information
			 which because of name, identifying number, mark or description can be readily
			 associated with a particular person.
(C) "Agency" means Psychiatric Security
			 Review Board.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Section 17a-636-1 - Definitions

Current through July 10, 2024
(a) The following definitions shall apply to
			 sections 17a-636-1 to
			 17a-636-5,
			 inclusive:
(1) "Category of Personal Data"
			 means the classifications of personal information set forth in the Personal
			 Data Act, Connecticut General Statutes section
			 4-190(9).
(2) "Commission" means the Connecticut
			 Alcohol and Drug Abuse Commission.
(3) "Other Data" means any information which
			 because of name, identification number, mark or description can be readily
			 associated with a particular person.
(4) "Patient/Client" means any individual who
			 is receiving treatment or services or who has received treatment or services in
			 any facility operated by the Connecticut Alcohol and Drug Abuse Commission
			 either directly or under contract, or who has requested information regarding
			 treatment or services. State employees receiving services from the Employee
			 Assistance Program are considered clients of the Commission.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Section 17a-636-3 - Maintenance of personal data

Current through July 10, 2024
(a) Personal data
			 shall not be maintained unless relevant and necessary to accomplish the lawful
			 purposes of the Commission. Where the Commission finds irrelevant or
			 unnecessary public records in its possession, the Commission shall dispose of
			 the records in accordance with its record retention schedule and with the
			 approval of the Public Records Administrator as per Connecticut General
			 Statutes section
			 11-8a,
			 or, if the records are not disposable under the records retention schedule,
			 request permission from the Public Records Administrator to dispose of the
			 records under Connecticut General Statutes section
			 11-8a.
(b) The Commission shall collect and maintain
			 all records with accurateness and completeness.
(c) Insofar as it is consistent with the
			 needs and mission of the Commission, the Commission shall, whenever practical,
			 collect personal data directly from the person to whom a record
			 pertains.
(d) Commission employees
			 involved in the operations of the Commission's personal data systems shall be
			 informed of the provisions of:
(i) the
			 Personal Data Act;
(ii) the
			 Commission's regulations adopted pursuant to Connecticut General Statutes
			 section
			 4-196;
(iii) the Freedom of Information
			 Act and
(iv) any other state or
			 federal statute or regulations concerning maintenance or disclosure of personal
			 data kept by the Commission.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Section 17a-636-5 - Contesting the content of personal data records

Current through July 10, 2024
(a) Any
			 person who believes that the Commission is maintaining inaccurate, incomplete
			 or irrelevant personal data concerning him/her may file a written request with
			 the official of the Commission who is responsible for maintaining such records
			 for correction of said personal data.
(b) Within thirty (30) days of receipt of
			 such request, the official of the Commission who is responsible for maintaining
			 the records shall give written notice to that person that the Commission will
			 make the requested correction, or if the correction is not to be made as
			 submitted, the official of the Commission shall state the reason for the
			 Commission's denial of such request and notify the person of his/her right to
			 add his/her own statement to his/her personal data records.
(c) Following such denial by the Commission,
			 the person requesting such correction shall be permitted to add a statement to
			 his/her personal data records setting forth what that person believes to be an
			 accurate, complete and relevant version of the personal data in question. Such
			 statements shall become a permanent part of the Commission's personal data
			 system and shall be disclosed to any individual, agency or organization to
			 which the disputed data is disclosed.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 1 - Scope of Rules › Section 17a-636-21 - Procedure governed

Current through July 10, 2024
These regulations define the rules of practice before the
					 Alcohol and Drug Abuse Commission and set forth the nature and requirements of
					 all formal and informal procedures available under the applicable laws of the
					 state of Connecticut.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 2 - Construction of the Rules › Section 17a-636-22 - Definitions

Current through July 10, 2024
As used in these regulations
(a) "Commission" means the Connecticut
				  Alcohol and Drug Abuse Commission.
(b) "Contested case" means a proceeding in
				  which the legal rights, duties, privileges of a party are required by statute
				  to be decided by the Commission after an opportunity for a hearing or in which
				  a hearing is in fact held.
(c)
				  "Executive Director" means the executive director of the Connecticut Alcohol
				  and Drug Abuse Commission or his designee.
(d) "Person" means any individual,
				  partnership, corporation, association, governmental subdivision, or public or
				  private organization.
(e)
				  "Petition" means a formal, written request for the Commission to adopt
				  regulations or for a declaratory ruling.
(f) "Presiding officer" means any person
				  designated by the Commission to preside at a hearing.
(g) "Respondent" means any person against
				  whom a complaint has been brought which asserts a violation of a statute or
				  regulation properly coming under the jurisdiction of the Commission.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 2 - Construction of the Rules › Section 17a-636-23 - Construction and amendment

Current through July 10, 2024
These rules shall be construed liberally by the Commission
					 to secure a just, speedy and inexpensive determination of the issues presented.
					 Amendments and additions to these rules may be adopted by the Commission by
					 being duly promulgated as regulations in accordance with Chapter 54 of the
					 General Statutes.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 3 - Formal Requirements › Section 17a-636-24 - Principal office

Current through July 10, 2024
The principal office of the Commission is located at 999
					 Asylum Avenue, Hartford, Conn. The office is open from 8:30 a.m. to 4:30 p.m.
					 each weekday except Saturdays, Sundays and holidays.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 3 - Formal Requirements › Section 17a-636-25 - Date of filing

Current through July 10, 2024
All orders, decisions, findings of fact, correspondence,
					 motions, petitions, applications and any other document governed by these rules
					 shall be deemed to have been filed or received on the date on which they are
					 issued or received by the Commission at its principal office, or the date
					 postmarked if sent by certified mail.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 3 - Formal Requirements › Section 17a-636-26 - Extensions of time

Current through July 10, 2024
At the discretion of the Commission, for good cause shown,
					 any time limit prescribed or allowed by these rules may be extended. All
					 requests for extension shall be made before the expiration of the period
					 originally prescribed or as previously extended.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 3 - Formal Requirements › Section 17a-636-27 - Signatures

Current through July 10, 2024
Every request, application, notice, motion, petition, brief
					 and memorandum addressed to the presiding officer, the executive director or
					 Commission shall be signed by the person filing.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 3 - Formal Requirements › Section 17a-636-28 - Identification of communications

Current through July 10, 2024
Communications should embrace only one matter and should
					 contain the name and address of the sender. When the subject matter pertains to
					 a proceeding pending before the Commission, sufficient information must be
					 provided to enable identification of the proceeding in question. Failure to
					 supply such information shall result in rejection and return of the
					 communication.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 3 - Formal Requirements › Section 17a-636-29 - Copies of documents and other papers filed in proceedings

Current through July 10, 2024
In addition to the original, there shall also be filed
					 three (3) copies for the use of the Commission, unless the filing of a greater
					 or lesser number of such copies is directed by the Commission or presiding
					 officer.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 3 - Formal Requirements › Section 17a-636-30 - Effect of filing, public records

Current through July 10, 2024
(a) The filing with
				  the Commission of any complaint, petition or other request of any nature
				  whatsoever shall not relieve any person of the obligation to comply with any
				  statute of the state of Connecticut or any regulation or order of the
				  Commission.
(b) Any request,
				  petition, or application filed for the purpose of securing from the Commission
				  any final decision or other action authorized by law shall be part of the
				  public records of the Commission as defined by statute.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article ONE - General Provisions › Part 3 - Formal Requirements › Section 17a-636-31 - Service

Current through July 10, 2024
(a)
General rule.
Service of all
				  documents and other papers filed in all proceedings, including but not limited
				  to motions, petitions, applications, notices, briefs, and exhibits shall be by
				  personal delivery or by first class mail, except as hereinafter
				  provided.
(b)
On whom
				  served.
All documents and other papers shall be served by the person
				  filing the same on every party in the proceeding and all such additional
				  persons as the Commission shall direct.
(c)
Service by the Commission.
A
				  copy of any document or other paper served at the direction of the Commission
				  or presiding officer, showing the addresses to whom the document or other paper
				  was mailed shall be placed in the Commission's files and shall be prima facia
				  evidence of such service and the date thereof.
(d)
Service as written notice.
Written notice of all orders, decisions or authorizations, issued by the
				  Commission shall be given to the party or parties affected thereby and to such
				  other person as the Commission or presiding officer may deem appropriate by
				  personal service upon such persons or by first class mail, as the Commission or
				  presiding officer determines.
Connecticut Administrative Code › Title 17a - Social and Human Services and Resources › 636 - Maintenance and Disclosure of Personal Data › Article TWO - Hearing Procedures for Contested Cases › Part 1 - Hearing-General Provisions › Section 17a-636-32 - Purpose of hearing

Current through July 10, 2024
The purpose of the hearing in a contested case shall be to
					 provide to all parties an opportunity to present evidence and argument on all
					 issues to be considered by the agency.