Key Information

Relevant Statutes and Rules

Conn. Gen. Stat. Ann. § 54-56d

What proceedings can occur while the defendant is incompetent

"This section shall not prevent counsel for the defendant from raising, prior to trial and while the defendant is not competent, any issue susceptible of fair determination."

§ 54-56d(q)

Number of examiners required

1

§ 54-56d(d)

Qualifications of examiners

(1) Physician specializing in psychiatry;
(2) Court can also refer to Commissioner of Mental Health and Addiction Services to conduct examination via clinical team.

§ 54-56d(d)

"The court may (1) appoint one or more physicians specializing in psychiatry to examine the defendant, or (2) order the Commissioner of Mental Health and Addiction Services to conduct the examination either (A) by a clinical team consisting of a physician specializing in psychiatry, a clinical psychologist and one of the following: A clinical social worker licensed pursuant to chapter 383b1 or a psychiatric nurse clinical specialist holding a master's degree in nursing, or (B) by one or more physicians specializing in psychiatry, except that no employee of the Department of Mental Health and Addiction Services who has served as a member of a clinical team in the course of such employment for at least five years prior to October 1, 1995, shall be precluded from being appointed as a member of a clinical team. If the Commissioner of Mental Health and Addiction Services is ordered to conduct the examination, the commissioner shall select the members of the clinical team or the physician or physicians." § 54-56d(d)

What must the evaluation report contain

"If the examiners determine that the defendant is not competent, the examiners shall then determine whether there is a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the maximum period of any placement order under this section.

If the examiners determine that there is a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the maximum period of any placement order under this section, the examiners shall then determine whether the defendant appears to be eligible for civil commitment, with monitoring by the Court Support Services Division, pursuant to subdivision (2) of subsection (h) of this section. 

If the examiners determine that there is not a substantial probability that the defendant, if provided with a course of treatment, will regain competency within the maximum period of any placement order under this section, the examiners shall then determine whether the defendant appears to be eligible for civil commitment to a hospital for psychiatric disabilities pursuant to subsection (m) of this section and make a recommendation to the court regarding the appropriateness of such civil commitment."

§ 54-56d(d)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

Court may order defendant into either (A) competence restoration or (B) placed into a treatment facility pending civil commitment proceedings. § 54-56d(h)(1) If court chooses (B), defendant may request to voluntarily be admitted and submit to voluntary treatment. § 54-56d(h)(2)(A). Defendants not subject to provisions of (h)(2)(A) if they are charged with Class A, B, C felony (with some exceptions) or motor vehicle violation that causes the death of another. § 54-56d(h)(2)(B)

What are the locations for restoration services

(1) . . . The court shall order the placement, on either an inpatient or an outpatient basis, which the court finds is the least restrictive placement appropriate and available to restore competency.

(2) In determining the least restrictive placement appropriate and available to restore competency, the court shall consider the following factors: (A) The nature and circumstances of the alleged crime; (B) such defendant's record of criminal convictions; (C) such defendant's record of appearance in court; (D) such defendant's family and community ties; (E) such defendant's willingness and ability to engage with treatment ordered under this section; (F) whether such defendant's use of substances would interfere with such defendant's ability to be successful in such placement; (G) any psychiatric symptoms experienced by such defendant and the nature and severity of the symptoms; and (H) any other relevant factors specific to the defendant and such defendant's circumstances."

(3) If the defendant is not charged with a felony, the court shall presume that outpatient treatment is the least restrictive placement appropriate and available to restore competency, unless the court has good cause to find otherwise based on review of the factors in subdivision (2) of this subsection. 

§ 54-56d(i)
 

What is the test for restorability

"substantial probability that the defendant will attain competency within the period of treatment allowed by this section" §54-56d(m)
OR
"substantial probability that the defendant, if provided with a course of treatment, will regain competency within the period of any placement order under this section" §54-56d(g) and (h)

What is the procedure after restoration

Hearing within 90 days for reconsideration of defendant's competency, or within 10 days after receiving progress report indicating the defendant has regained competence. § 54-56d(k).

What is the procedure if there is a finding of unrestorability

"the court shall consider any recommendation made by the examiners pursuant to subsection (d) of this section and any opinion submitted by the treatment facility pursuant to subparagraph (C) of subsection (j) of this section regarding eligibility for, and the appropriateness of, civil commitment to a hospital for psychiatric disabilities and shall either release the defendant from custody or order the defendant placed in the custody of the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Developmental Services." §54-56d(m)(1) 

"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 section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or 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-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 order periodic examinations of the defendant as to the defendant's competency at intervals of not less than six months. If, at any time after the initial periodic examination, the court finds again, based upon an examiner's recommendation, that there is a substantial probability that the defendant, if provided with a course of treatment, will never regain competency, then any subsequent periodic examination of the defendant as to the defendant's competency shall be at intervals of not less than eighteen months." §54-56d(m)(3).

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

"[I]if at the end of such period the court finds that the defendant is still not competent, the court shall consider any recommendation made by the examiners pursuant to subsection (d) of this section and any opinion submitted by the treatment facility pursuant to subparagraph (C) of subsection (j) of this section regarding eligibility for, and the appropriateness of, civil commitment to a hospital for psychiatric disabilities and shall either release the defendant from custody or order the defendant placed in the custody of the Commissioner of Mental Health and Addiction Services, the Commissioner of Children and Families or the Commissioner of Developmental Services." §54-56d(m)(1) 

"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 section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, or 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-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 order periodic examinations of the defendant as to the defendant's competency at intervals of not less than six months. If, at any time after the initial periodic examination, the court finds again, based upon an examiner's recommendation, that there is a substantial probability that the defendant, if provided with a course of treatment, will never regain competency, then any subsequent periodic examination of the defendant as to the defendant's competency shall be at intervals of not less than eighteen months." §54-56d(m)(3).

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

Maximum sentence or 18 months, whichever is less. § 54-56d(i)