The Connecticut Experience with Legislation.

J Am Acad Psychiatry Law

Dr. Norko is Professor, Department of Psychiatry, Yale University School of Medicine, New Haven, Connecticut, and Director of Forensic Services for the Connecticut Department of Mental Health and Addiction, Services, Hartford, Connecticut. Dr. Cotterell is Instructor in Psychiatry, Geisel School of Medicine, Dartmouth College and Medical Director of the Forensic Program, New Hampshire Hospital, Concord, New Hampshire. Ms. Hollis is a Research Associate, Department of Psychiatry, Yale University School of Medicine, New Haven, Connecticut.

Published: December 2020

Since 2004, Connecticut has had two different mechanisms for involuntary medication of defendants hospitalized for restoration of competence to stand trial. In this article, we first describe the development of these two mechanisms and compare their procedural elements. The first procedure required a hearing in criminal court, in a process parallel to the subsequent U.S. Supreme Court holding in ; the later procedure uses a civil mechanism in probate court and was enacted in response to the in regarding the preferential use of alternate mechanisms for involuntary medication orders. To compare the effectiveness and efficiency of the two mechanisms, we examined 1,455 admissions to the state's secure forensic hospital for competency restoration for the calendar years 2005 through 2011. Petitions for involuntary medication of defendants were filed in five cases in criminal court (0.3%) and in 177 cases (12.2%) in probate court. The probate mechanism resulted in a significantly shorter duration of the resolution of the competence matter. Both mechanisms were effective at restoring defendants' competency (i.e., two thirds were restored by the criminal court process, and nearly 74% were restored in the civil process).

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Source
http://dx.doi.org/10.29158/JAAPL.200005-20DOI Listing

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