PSYCHIATRIC SECURITY REVIEW BOARD (PSRB) Connecticut General Statutes Sections 17a-581 – 17a-603.

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Transcript of PSYCHIATRIC SECURITY REVIEW BOARD (PSRB) Connecticut General Statutes Sections 17a-581 – 17a-603.

PSYCHIATRIC SECURITY REVIEW BOARD

(PSRB)

Connecticut General Statutes Sections 17a-581 – 17a-603

PSRB Independent state agency founded in

1985

By statute, the Board’s primary concern By statute, the Board’s primary concern is the “protection of society”is the “protection of society”

The Board confines individuals to the The Board confines individuals to the Department of Mental Health and Department of Mental Health and Addiction Services or to the Department Addiction Services or to the Department of Developmental Services for “custody, of Developmental Services for “custody, care and treatment”care and treatment”

PUBLIC SAFETY MANDATE

PSRB FUNCTION

Statutorily mandated to protect the Statutorily mandated to protect the public through the oversight of persons public through the oversight of persons found not guilty by reason of mental found not guilty by reason of mental defect or disease (NGRI or Not Guilty by defect or disease (NGRI or Not Guilty by Reason of Insanity)Reason of Insanity)

Determines the level of supervision, Determines the level of supervision, treatment and placement of an treatment and placement of an acquittee required to protect the publicacquittee required to protect the public

PSRB APPOINTMENTS

Appointed by governor to serve a four Appointed by governor to serve a four year termyear term

Confirmed by legislatureConfirmed by legislature May be re-appointedMay be re-appointed Appointment, per statute, by area of Appointment, per statute, by area of

expertiseexpertise Honorary per diem - $75Honorary per diem - $75

PSRB MEMBERS

Attorney - Robert Berger, Esq.,ChairAttorney - Robert Berger, Esq.,Chair

Psychiatrist – Justin Schechter, M.D.Psychiatrist – Justin Schechter, M.D.

Psychologist - Mark Kirschner, Ph.D.Psychologist - Mark Kirschner, Ph.D.

Probation/parole expert - John Ryan, M.A.Probation/parole expert - John Ryan, M.A.

Lay person - Sylvia CancelaLay person - Sylvia Cancela

Victim services expert - Susan Blair, M.S., Victim services expert - Susan Blair, M.S., LPCLPC

PSRB STAFF Ellen Lachance, Executive DirectorEllen Lachance, Executive Director Heidi Magro, Program CoordinatorHeidi Magro, Program Coordinator Adrienne Bonner, Secretary 2Adrienne Bonner, Secretary 2 Phone:Phone: (860) 566-1441(860) 566-1441 Fax:Fax: (860) 566-1425(860) 566-1425 Answering service: 1-888-586-8756 Answering service: 1-888-586-8756

Need name of person calling, agency, Need name of person calling, agency, callback number and brief description of callback number and brief description of the issuethe issue

Website: www.ct.gov/psrbWebsite: www.ct.gov/psrb

POWERS OF PSRB Place with DMHAS or Department of Place with DMHAS or Department of

Developmental Services Developmental Services Confine in maximum security (Whiting) or Confine in maximum security (Whiting) or

less restrictive secured hospital settingless restrictive secured hospital setting Grant, modify or terminate Temporary LeaveGrant, modify or terminate Temporary Leave Grant, modify or terminate Conditional Grant, modify or terminate Conditional

Release (revoke authority to reside in the Release (revoke authority to reside in the community)community)

Establish conditions for community Establish conditions for community movement/placementmovement/placement

Order supervision through the Office of Adult Order supervision through the Office of Adult ProbationProbation different from court ordered probation, i.e., different from court ordered probation, i.e.,

violation of probation chargeviolation of probation charge Issue a SubpoenaIssue a Subpoena

POWER OF PSRB ORDERS

Sec. 17a-603Sec. 17a-603. Court enforcement of statutes . Court enforcement of statutes and orders. The Superior Court, on application and orders. The Superior Court, on application of the Psychiatric Security Review Board or the of the Psychiatric Security Review Board or the Attorney General, may enforce by appropriate Attorney General, may enforce by appropriate decree or process any provision of sections 17a-decree or process any provision of sections 17a-580 to 17a-602, inclusive, or any order of the 580 to 17a-602, inclusive, or any order of the board rendered in pursuance of any statutory board rendered in pursuance of any statutory provision.provision.

Sec. 17a-581-50Sec. 17a-581-50. Enforcement of board orders . Enforcement of board orders The Board may apply to the Court for an The Board may apply to the Court for an appropriate order of enforcement when its appropriate order of enforcement when its directive to an agency or person is not followed. directive to an agency or person is not followed. (Effective May 21, 1992)(Effective May 21, 1992)

CONNECTICUT’S NOT GUILTY BY REASON OF MENTAL DISEASE OR

DEFECT (NGRI) STANDARDS

CGS section 53a-13CGS section 53a-13 Affirmative defenseAffirmative defense

Only defense can raiseOnly defense can raise Defendant has burden of proof to Defendant has burden of proof to

show lack of capacity due to mental show lack of capacity due to mental disease or defectdisease or defect

NGRI STANDARDS AND EXCLUSIONS

STANDARDSTANDARD CGS Section 53a-13 CGS Section 53a-13 Affirmative defenseAffirmative defense

Only defense can raise insanityOnly defense can raise insanity Defendant has burden of proof to show lack Defendant has burden of proof to show lack

of capacity due to mental disease or defect of capacity due to mental disease or defect

EXCLUSIONSEXCLUSIONS Repeated criminal or otherwise antisocial Repeated criminal or otherwise antisocial

conductconduct Pathological or compulsive gamblingPathological or compulsive gambling Voluntary use of drugs/alcoholVoluntary use of drugs/alcohol

ARRESTED DECISION BY DEFENSETO USE NGRI

TRIAL

NGRINOT

GUILTYGUILTY

COMMITTED TO PSRB

INSANITY DEFENSE

CONFINEMENT TO DMHAS OR DDS

COMMITMENT TERM

Set by Superior CourtSet by Superior Court Up to the maximum sentence if Up to the maximum sentence if

convictedconvicted Potentially indefinite or lifePotentially indefinite or life Average is 30 yearsAverage is 30 years Can be extended beyond the maximum Can be extended beyond the maximum

by court if still dangerousby court if still dangerous PSRB recommends Continued PSRB recommends Continued

Commitment or Discharge from the BoardCommitment or Discharge from the Board

CONTINUED COMMITMENT

Initiated by State’s AttorneyInitiated by State’s Attorney Burden of proof on the state (clear and Burden of proof on the state (clear and

convincing evidence)convincing evidence) Acquittee has psychiatric disabilities or Acquittee has psychiatric disabilities or

is mentally retarded to the extent that is mentally retarded to the extent that his discharge at the expiration of his his discharge at the expiration of his maximum term of commitment would maximum term of commitment would constitute a danger to himself or othersconstitute a danger to himself or others

PSRB and court hearingsPSRB and court hearings Superior court sets new commitment termSuperior court sets new commitment term

CONTINUED COMMITMENT 1985 – 12/21/2011

Continued Commitments – 89Continued Commitments – 89 1 continued commitment1 continued commitment 2525 2 continued commitments2 continued commitments 1919 3+ continued commitments 3+ continued commitments 4545

43 still under PSRB43 still under PSRB

DISCHARGE METHODS Petition for DischargePetition for Discharge

PSRB hearingPSRB hearing Burden of proof on acquittee for early Burden of proof on acquittee for early

release to show they would not release to show they would not constitute a danger to themselves or constitute a danger to themselves or othersothers

Superior court grants dischargeSuperior court grants discharge Max outMax out If discharged, acquittee becomes a If discharged, acquittee becomes a

voluntary patientvoluntary patient

DISCHARGE1985 – 12/21/2011

Discharge – 195Discharge – 195 Death Death 3434 Early discharge Early discharge 4848 Max out Max out 109109 Commitment overturnedCommitment overturned 44

PSRB HEARINGS

Initial Commitment Initial Commitment

Review of Status (every 2 years)Review of Status (every 2 years)

Transfer in or out of maximum securityTransfer in or out of maximum security

Temporary Leave applicationsTemporary Leave applications

Conditional Release applicationsConditional Release applications

Modification of Conditional ReleaseModification of Conditional Release

Revocation of Conditional ReleaseRevocation of Conditional Release

CONTESTED HEARING PROCEDURES

For all hearings DMHAS, DDS or other witnesses For all hearings DMHAS, DDS or other witnesses give narrative testimony followed by examination give narrative testimony followed by examination from acquittee’s counsel and state’s attorney from acquittee’s counsel and state’s attorney

State may waive presence at hearing but all State may waive presence at hearing but all acquittees must have legal representation (except acquittees must have legal representation (except for rare occasion when acquittee represents self)for rare occasion when acquittee represents self)

Hearings open to public – thereby releasing Hearings open to public – thereby releasing psychiatric/medical record information into the psychiatric/medical record information into the public domainpublic domain

Rules for cameras and recording devicesRules for cameras and recording devices Hearing transcripts available to the publicHearing transcripts available to the public

HEARING RULES Contested hearings follow the general rules of Contested hearings follow the general rules of

CT’s Uniform Administrative Procedures ActCT’s Uniform Administrative Procedures Act Moving party has burden of going forward and Moving party has burden of going forward and

presenting evidence presenting evidence Victim may make an impact statementVictim may make an impact statement All parties entitled to an independent evaluation All parties entitled to an independent evaluation Right to inspect, copy all relevant and material Right to inspect, copy all relevant and material

records- PSRB sends everything to acquittee’s records- PSRB sends everything to acquittee’s counsel and state’s attorneycounsel and state’s attorney

Board cannot have information unavailable to Board cannot have information unavailable to state or defensestate or defense

Right to cross-examineRight to cross-examine Right to present evidenceRight to present evidence Acquittee allowed to make unsworn statement at Acquittee allowed to make unsworn statement at

hearinghearing

BOARD DELIBERATIONS Quorum required for voteQuorum required for vote

Majority vote required for decisionMajority vote required for decision Final orders in writing-public documentFinal orders in writing-public document

Memorandum of Decision (MOD)Memorandum of Decision (MOD) Report to CourtReport to Court

Minutes - written recording of votes- Minutes - written recording of votes- public documentpublic document

TESTIFYING

Know the materialKnow the material Organize all documentsOrganize all documents Identify red flagsIdentify red flags Identify risk elementsIdentify risk elements

Know the legal questionKnow the legal question What is the hearing about?What is the hearing about? What is my role?What is my role?

WHEN ANSWERING QUESTIONS…

Speak clearly and loud enoughSpeak clearly and loud enough Look at the Board membersLook at the Board members

Read the nonverbalRead the nonverbal Restate or expand on if neededRestate or expand on if needed View them as “inquiring minds” not as View them as “inquiring minds” not as

enemiesenemies Pause long enough to organize your thinkingPause long enough to organize your thinking Be certain you understand the question; ask if Be certain you understand the question; ask if

you don’tyou don’t If you don’t know say soIf you don’t know say so Answer just the question askedAnswer just the question asked

““Too many criminals Too many criminals plead insanity and are plead insanity and are acquitted”acquitted”

PSRB POPULATION 144 acquittees as of 12/21/2011144 acquittees as of 12/21/2011 AgencyAgency

DMHAS- 143DMHAS- 143 DDS – 1DDS – 1

Current placementCurrent placement CVH – 109CVH – 109

Dutcher Unit – 82 (62 with TL)Dutcher Unit – 82 (62 with TL)Whiting Unit - 27 Whiting Unit - 27

CR – 32 (1 at CVH voluntarily)CR – 32 (1 at CVH voluntarily) DDS - 1DDS - 1 JAIL - 1JAIL - 1 AWOL - 1 AWOL - 1

““The insanity defense is a The insanity defense is a rich man’s defense – if rich man’s defense – if you can afford a high-you can afford a high-priced lawyer you can priced lawyer you can ‘get off’ using an ‘get off’ using an insanity plea”insanity plea”

MaleMale90%90%

CaucasianCaucasian62%62%

HispanicHispanic8%8%

FemaleFemale10%10%

African AmericanAfrican American25%25%

OtherOther5%5%

DEMOGRAPHICS

DEMOGRAPHICS

Age range - 23 to 83Age range - 23 to 83

Average age – 49Average age – 49

Average age at time of crime - 34Average age at time of crime - 34

GED – 10%GED – 10%

High school graduate - 48% High school graduate - 48%

College Degree – 13%College Degree – 13%

CRIME INFORMATION

Crime Crime NumberNumber

Crime Crime NumberNumber

Murder/Attempted Murder/Attempted MurderMurder

6969 Manufacture/Possession Manufacture/Possession of Weapon or Dangerous of Weapon or Dangerous InstrumentInstrument

2525

AssaultAssault 6262 Robbery/Larceny/BurglaryRobbery/Larceny/Burglary 2424

Sexual AssaultSexual Assault 3333 Reckless Endangerment - Reckless Endangerment - First DegreeFirst Degree

1616

ArsonArson 2727 ThreateningThreatening 1616

Risk of Injury/Risk Risk of Injury/Risk of Injury to a Minorof Injury to a Minor

2828 KidnappingKidnapping 1212

Harassment - First Harassment - First DegreeDegree

44

““Most insanity Most insanity acquittees have acquittees have committed violent acts committed violent acts against a relative or an against a relative or an acquaintance” acquaintance”

VICTIM INFORMATION

Victim is primarily a family member or Victim is primarily a family member or friendfriend

77% of cases victim is known 77% of cases victim is known

TRADITIONAL MENTAL HEALTH TREATMENT

Clinician / client relationshipClinician / client relationship Confidentiality is a guiding principleConfidentiality is a guiding principle Advance the interest of the clientAdvance the interest of the client Ethical principles Ethical principles

do gooddo good do no harmdo no harm

Advocacy for the clientAdvocacy for the client

PSRB/FORENSIC CONTEXT OF MENTAL

HEALTH SERVICE Different clinician/client relationshipDifferent clinician/client relationship Different confidentialityDifferent confidentiality Advance interest of justiceAdvance interest of justice Additional ethical principlesAdditional ethical principles

Truth tellingTruth telling Respect for personRespect for person

Not an agent for the acquitteeNot an agent for the acquittee

CONFIDENTIALITY ISSUES

Confidential information is open to public Confidential information is open to public realm during court proceedingsrealm during court proceedings

Psychiatric and medical information open to Psychiatric and medical information open to PSRB, acquittee, acquittee’s counsel and PSRB, acquittee, acquittee’s counsel and State’s AttorneyState’s Attorney

Give confidentiality warningGive confidentiality warning Records - confidential to publicRecords - confidential to public Testimony and MODs - open to publicTestimony and MODs - open to public Agencies required to follow HIPAA Agencies required to follow HIPAA

procedures except for provision of procedures except for provision of information to PSRBinformation to PSRB

COMMUNITY ACCESS FOR PSRB ACQUITTEES

TEMPORARY LEAVE (TL)

Acquittee remains a patient of CVHAcquittee remains a patient of CVH Authorization granted to CVH for:Authorization granted to CVH for:

Access to community treatment and/or Access to community treatment and/or social activitiessocial activities

Achievement of a specific clinical Achievement of a specific clinical outcomeoutcome

Assessment of specific clinical needsAssessment of specific clinical needs Assessment of specific risks to public Assessment of specific risks to public

safetysafety

CONDITIONAL RELEASE (CR)

Acquittee is discharged from CVH Acquittee is discharged from CVH Authorization granted to the acquittee Authorization granted to the acquittee

by PSRB for:by PSRB for: Community living with mandated Community living with mandated

services to ensure public safetyservices to ensure public safety Treatment to promote recoveryTreatment to promote recovery

READINESS FOR TL or CR

Clinical markers:Clinical markers: minimal risk to the public minimal risk to the public demonstrates insight into nature of crimedemonstrates insight into nature of crime insight and understanding of mental illnessinsight and understanding of mental illness

recognizes onset of early warning signs of illnessrecognizes onset of early warning signs of illness acknowledges awareness of substance abuse issuesacknowledges awareness of substance abuse issues takes medication as prescribedtakes medication as prescribed ability to understand mandatory nature of ability to understand mandatory nature of

requirementsrequirements

PSRB ACQUITTEE INFORMATION PACKET

All identified community providers and probation All identified community providers and probation officer receive packet prior to any TL or CR officer receive packet prior to any TL or CR planning from CVHplanning from CVH

All arrest/police reports/applications for warrantsAll arrest/police reports/applications for warrants Reports prepared by defense and prosecution experts Reports prepared by defense and prosecution experts

at time of trialat time of trial Whiting 60-day evaluation reportWhiting 60-day evaluation report Six month reports Six month reports Memoranda of DecisionMemoranda of Decision Any special reports or psych testingAny special reports or psych testing Any other documentation community providers Any other documentation community providers

believe is necessary to make an adequate assessmentbelieve is necessary to make an adequate assessment

PLANNING FOR TL OR CR Development of TL or CR plan should be Development of TL or CR plan should be

a collaboration with CVH, community a collaboration with CVH, community providers, probation officer and/or providers, probation officer and/or familyfamily specific input as to what services your specific input as to what services your

agency will provide that meet the agency will provide that meet the individual needs of the acquitteeindividual needs of the acquittee

Executive Director must sign Executive Director must sign Community Provider Approval FormCommunity Provider Approval Form

COMMUNITY TREATMENT ISSUES

BudgetingBudgeting Family IssuesFamily Issues Substance abuse treatment/MonitoringSubstance abuse treatment/Monitoring DisclosureDisclosure

Vocational issuesVocational issues Relationship issuesRelationship issues

Problem sexual behaviorProblem sexual behavior Leisure activitiesLeisure activities

PROHIBITIONS FOR ACQUITTEES ON TL or CR

No alcoholNo alcohol No drugsNo drugs

Includes over the Includes over the counter medscounter meds

No weapons - No weapons - everever Own Own Buy Buy In presenceIn presence Guns (any type)Guns (any type) No hunting knivesNo hunting knives No defensive weaponsNo defensive weapons

No gamblingNo gambling Restrictions on Restrictions on

associationassociation Restrictions on Restrictions on

movementmovement No out of stateNo out of state Must abide by rules and Must abide by rules and

regulations of community regulations of community programsprograms

SUPERVISION17a-587 (b) 17a-587 (b) The board may designate any The board may designate any capable person or appropriate public or capable person or appropriate public or private agency to supervise the private agency to supervise the acquittee on temporary leave…..acquittee on temporary leave…..

Sec. 17a-589. (Formerly Sec. 17-257j). Sec. 17a-589. (Formerly Sec. 17-257j). Supervision of acquittee on conditional Supervision of acquittee on conditional release. release. The board may designate any The board may designate any capable person or appropriate public or capable person or appropriate public or private agency to supervise the private agency to supervise the acquittee on conditional releaseacquittee on conditional release, , subject subject to such conditions as the board sets in to such conditions as the board sets in the order for conditional release.the order for conditional release.

REPORTING RESPONSIBILITIES

All providers and PO immediately report to CVH All providers and PO immediately report to CVH (TL) or CR supervisor, CRSU and PSRB (CR):(TL) or CR supervisor, CRSU and PSRB (CR): any violation of the TL or CR orderany violation of the TL or CR order any treatment/medication noncomplianceany treatment/medication noncompliance any change in mental statusany change in mental status any positive test for alcohol or drugsany positive test for alcohol or drugs any possession of weaponsany possession of weapons any violation of the law any violation of the law any association with known criminalsany association with known criminals any change in level of intensity of agreedany change in level of intensity of agreed upon upon

service interventionservice intervention

PROBATION OFFICER RESPONSIBILITIES ON

TL or CR Monitoring John Doe’s compliance with this Monitoring John Doe’s compliance with this

Temporary Leave or Conditional ReleaseTemporary Leave or Conditional Release Determining the level of supervision deemed Determining the level of supervision deemed

necessary to effectively monitor John Doe and necessary to effectively monitor John Doe and providing this information to CVH providing this information to CVH

Utilizing any and all techniques of supervision Utilizing any and all techniques of supervision available, including but not limited to electronic available, including but not limited to electronic monitoring, search of person and property, monitoring, search of person and property, toxicology screens, job site visits and home visitstoxicology screens, job site visits and home visits

Performing Performing randomrandom blood or urine analysis on blood or urine analysis on John Doe for purposes of monitoring alcohol John Doe for purposes of monitoring alcohol consumption and illicit drug usage at a consumption and illicit drug usage at a frequency determined by the Office of Adult frequency determined by the Office of Adult ProbationProbation

COMMUNITY PROVIDER RESPONSIBILITIES

Provide testimony at PSRB hearingsProvide testimony at PSRB hearings TL – TL – Consulting Forensic Psychiatrist Consulting Forensic Psychiatrist

and CVH staffand CVH staff CR – CR – CR supervisor and six month CR supervisor and six month

reporter reporter Monitoring of public safety riskMonitoring of public safety risk Monitoring adherence to stipulations of Monitoring adherence to stipulations of

MODMOD Medication monitoring if orderedMedication monitoring if ordered Home visits/inspectionsHome visits/inspections

TL SUPERVISORRESPONSIBILITIES

Coordinates community treatment and Coordinates community treatment and monitoringmonitoring

Verify compliance with PSRB mandates Verify compliance with PSRB mandates Maintain contact with community Maintain contact with community

providers, probation officer and employer providers, probation officer and employer at least monthlyat least monthly

Supervision meetings and home visits with Supervision meetings and home visits with acquitteeacquittee

Provides written and verbal monthly progress Provides written and verbal monthly progress reports to CVH reports to CVH

Collaborate with CVH for modifications of TLCollaborate with CVH for modifications of TL

CR SUPERVISOR RESPONSIBILITIES

Shift of clinical/legal responsibilityShift of clinical/legal responsibility Oversees all community treatment and monitoringOversees all community treatment and monitoring

Verify compliance with PSRB mandates and treatment Verify compliance with PSRB mandates and treatment Maintain contact with community providers, probation Maintain contact with community providers, probation

officer and employer at least monthlyofficer and employer at least monthly Supervision meetings and home visits with acquitteeSupervision meetings and home visits with acquittee

Provide quarterly written reports to PSRB, CRSU and other Provide quarterly written reports to PSRB, CRSU and other community providerscommunity providers

Provide verbal reports to PSRB and CRSU Provide verbal reports to PSRB and CRSU Review requests to modify CRReview requests to modify CR Review any new MOD with acquittee and forward signed Review any new MOD with acquittee and forward signed

copy to PSRBcopy to PSRB Ensuring substance abuse screenings are conducted as Ensuring substance abuse screenings are conducted as

per MODper MOD Coordinate and chair ATT meetingsCoordinate and chair ATT meetings

EMERGENCY PLAN On TL, hospital will develop and distribute planOn TL, hospital will develop and distribute plan For CR:For CR:

Insurance informationInsurance information Notification listNotification list Up to date photoUp to date photo Treatment plan changesTreatment plan changes Respite/Crisis bedsRespite/Crisis beds Voluntary hospitalizationVoluntary hospitalization Revocation of conditionalRevocation of conditional releaserelease

VOLUNTARY HOSPITALIZATION

CR ONLY By law, can use community hospital By law, can use community hospital

psychiatric unitspsychiatric units By practice, CVH By practice, CVH

When ready for dischargeWhen ready for dischargeWritten report to PSRBWritten report to PSRBVerbal answer from ChairVerbal answer from Chair

Can remain at CVH voluntarilyCan remain at CVH voluntarily

REVOCATION PROCEDURES

CR ONLY Chair issues order for revocation based on Chair issues order for revocation based on

probable causeprobable cause Acquittee taken into custody by law Acquittee taken into custody by law

enforcement enforcement Confined involuntarily at CVH for inpatient Confined involuntarily at CVH for inpatient

evaluation on issue of termination of CRevaluation on issue of termination of CR Hearing conducted to determine future statusHearing conducted to determine future status

Remain on CRRemain on CR Modification of CRModification of CR Ordered confinedOrdered confined

Conditional Release Revocation

1985 to 6/1/2011 Reasons for Revocation:Reasons for Revocation:

Psychiatric decompensationPsychiatric decompensation 17 17 Supervision non-complianceSupervision non-compliance 10 10 Treatment non-complianceTreatment non-compliance 8 8 Alcohol/DrugsAlcohol/Drugs 8 8 Two or more reasonsTwo or more reasons 1414 OtherOther 1313

Hearing Result:Hearing Result: No change to conditional releaseNo change to conditional release 8 8 Termination of conditional releaseTermination of conditional release 5050 Modification of conditional releaseModification of conditional release 1111 OtherOther 1 1

DMHAS-Conditional Release

Service Unit (CRSU)Providing consultation and oversight Providing consultation and oversight

for Local Mental Health Authorities for Local Mental Health Authorities and community agencies providing and community agencies providing

services to acquittees services to acquittees

DMHAS-CRSUDMHAS-CRSUDivision of Forensic ServicesDivision of Forensic Services

PO Box 351, Russell Hall, 2nd floor PO Box 351, Russell Hall, 2nd floor Middletown, CT 06457Middletown, CT 06457

DMHAS-Conditional Release Service Unit

ContactErin Leavitt-Smith, LPCErin Leavitt-Smith, LPC

Office:Office: 860-262-5879860-262-5879

Fax:Fax: 860-262-5841860-262-5841

Cell: 860-573-0750Cell: 860-573-0750

24 hr availability for 24 hr availability for notification and notification and consultationconsultation

DMHAS-Conditional Release Service Unit

(CRSU) Consultation regarding: Consultation regarding:

PSRB regulationsPSRB regulations DMHAS policies regarding management DMHAS policies regarding management

of acquitteesof acquittees Risk management issuesRisk management issues Temporary Leave and Conditional Temporary Leave and Conditional

Release planningRelease planning Modifications of Conditional ReleaseModifications of Conditional Release Review of treatment planReview of treatment plan Reports and testimony to the PSRBReports and testimony to the PSRB Out-of-state travelOut-of-state travel

DMHAS-Conditional Release Service Unit

(CRSU) Monitoring the delivery of services to Monitoring the delivery of services to

acquittees to ensure compliance and acquittees to ensure compliance and appropriate level of care by:appropriate level of care by: Review of Progress ReportsReview of Progress Reports Ongoing contact with PSRB, CVH, Ongoing contact with PSRB, CVH,

Conditional Release/Temporary Leave Conditional Release/Temporary Leave supervisors and other community supervisors and other community providersproviders

Participation in All Treaters MeetingsParticipation in All Treaters Meetings Receipt of verbal and written Receipt of verbal and written

emergency reports to the PSRBemergency reports to the PSRB

SIX MONTH REPORTS

Statutorily mandated forensic evaluations Statutorily mandated forensic evaluations conducted by DMHAS, DDS or CR provider conducted by DMHAS, DDS or CR provider reporting on:reporting on: The acquittee’s current mental conditionThe acquittee’s current mental condition Diagnosis and medicationDiagnosis and medication Current treatment and progressCurrent treatment and progress Status regarding danger posed to self or othersStatus regarding danger posed to self or others Long-term treatment plansLong-term treatment plans Any modification of the existing Board orderAny modification of the existing Board order

Input from all community providersInput from all community providers

ALL PROVIDERS TEAM MEETINGS

Collaborative meeting of involved Collaborative meeting of involved community providers and probation community providers and probation officer for purposes of: officer for purposes of:

Ongoing assessment of risk Ongoing assessment of risk managementmanagement

Review of relevant issuesReview of relevant issues Monitoring of compliance with service Monitoring of compliance with service

delivery as stipulated by the MOD and delivery as stipulated by the MOD and DMHAS regulationsDMHAS regulations

Facilitating reporting requirementsFacilitating reporting requirements

GUN CONTROL LAWFEDERAL AND STATE

Prohibition from owning, possessing or Prohibition from owning, possessing or having access to guns and ammunitionhaving access to guns and ammunition State – Discharged from custody State – Discharged from custody

within preceding 20 years after within preceding 20 years after having been found not guilty by having been found not guilty by reason of mental disease or defectreason of mental disease or defect

Federal – Has been adjudicated as Federal – Has been adjudicated as mental defective or has been mental defective or has been committed to a mental institutioncommitted to a mental institution

Acquittals are included on state and Acquittals are included on state and federal criminal background information federal criminal background information databasesdatabases

SEX OFFENDER REGISTRY

Acquittees who have committed sex Acquittees who have committed sex offenses must register upon Conditional offenses must register upon Conditional Release or Discharge.Release or Discharge. Blood sample or saliva swab (as of Blood sample or saliva swab (as of

October 1, 2003), fingerprints and October 1, 2003), fingerprints and photographphotograph

Registration monitored on a quarterly Registration monitored on a quarterly basis by State police for at least 10 yearsbasis by State police for at least 10 years

Change of address notification required Change of address notification required of acquitteeof acquittee

On InternetOn Internet

DNA REGISTRY

State statute effective October 1, 2003State statute effective October 1, 2003 All individuals convicted of a felony All individuals convicted of a felony

and all individuals found NGRI for a and all individuals found NGRI for a felony must register DNA sample with felony must register DNA sample with state policestate police

Failure to do so could result in fine Failure to do so could result in fine and additional chargesand additional charges

Reporting is not optionalReporting is not optional MODs can be enforced by Superior MODs can be enforced by Superior

Court orderCourt order Failure to report necessary information Failure to report necessary information

or follow MOD may expose provider or follow MOD may expose provider agency to liability issuesagency to liability issues

ONE MORE THING…