Section 17a-570 - (Formerly Sec. 17-251). Review and disposition of case after periodic examination. Report of determination to court. Hearing(a) As soon as is practicable, the director of the Whiting Forensic Hospital shall act upon the examination reports of the director's staff. Upon review of each report and upon consideration of what is for the benefit of the patient and for the benefit of society, the director shall determine whether such patient: (1) Is to remain in the hospital for further treatment, or(2) has sufficiently improved to warrant discharge from the hospital, provided if such patient was sentenced and confined in the hospital under section 17a-567, such patient shall not be released except upon order of the court by which such patient was confined under said section, after notice to said court by the director. The director shall report each determination made under this subsection to the court by which the patient was confined in the hospital.(b) If a report submitted by the director to the court under subsection (a) of this section recommends that the patient be returned to the custody of the Commissioner of Correction, the court shall set the matter for a hearing not later than fifteen days after receipt of such report.(c) The court, upon its own motion or at the request of the patient or the patient's attorney, may at any time hold a hearing to determine whether such patient should be discharged from the hospital prior to the expiration of the maximum period of the patient's sentence. Prior to such hearing, the hospital shall file a report with the court concerning the patient's mental condition. The court may appoint a physician specializing in psychiatry to examine the patient and report to the court. Such hearing shall be held at least once every five years. If the court determines that the patient should be discharged from the hospital, the patient shall be returned to the custody of the Commissioner of Correction.Conn. Gen. Stat. § 17a-570
(1957, P.A. 650, S. 14; 1959, P.A. 332, S. 3; P.A. 73-245, S. 12; P.A. 80-470, S. 7, 11; P.A. 89-89; P.A. 95-257, S. 20, 58; P.A. 04-52, S. 1; P.A. 18-86, S. 42.)
Amended by P.A. 18-0086, S. 42 of the Connecticut Acts of the 2018 Regular Session, eff. 6/4/2018. Annotations to former section 17-251: Cited. 205 Conn. 27. Authorizes trial court to consider release of a sentenced patient upon discharge from Whiting despite apparent conflict with Sec. 53a-39. 210 Conn. 519. Cited. 12 Conn.App. 32; 22 Conn.App. 199. Annotations to present section: Cited. 224 Conn. 168. Cited. 29 Conn.App. 386.