Article Figures & Data
Figures
- Figure 1.
Special limited conservator and health care guardian petitions and restoration of competency to stand trial. SLC, special limited conservator; HCG, Health Care Guardian; LOS, length of stay.
Tables
Sell v. United States, 539 U.S. 166 (2003)16 State v. Garcia, 658 A.2d 947 (Conn. 1995)12,b 1. Important government interests at stake 5. Seriousness of alleged crime such that state’s interest overrides defendant’s interests 2a. Involuntary medication will significantly further those interests 1. Involuntary medication will render the defendant competent 2b. Side effects will not interfere with defendant’s ability to assist counsel 3. Proposed treatment plan narrowly tailored to minimize intrusion on defendant’s liberty and privacy interests (but no specific statement regarding side effects at trial) 3. Involuntary medication necessary to further government interests and alternative, less intrusive treatments are unlikely to achieve substantially similar results 2. Adjudication not possible with less intrusive means 4. Medication is medically appropriate (in defendant’s best medical interest) 3. Proposed treatment plan narrowly tailored (as above), and 4. Proposed medication will not cause unreasonable risk to defendant’s health Other: Health Care Guardian to advise court regarding best medical interest if defendant is incapable of informed consent Civil Procedures for Medication-Refusing Patients (§ 17a-543) Post-Sell Civil Procedures for Incompetent Medication-Refusing Criminal Defendants (§ 17a-543a)a Applies to patients admitted under most statutes Applies only to patients admitted after finding of not competent to stand trial Incapable of giving informed consent to medication for treatment of psychiatric disabilities Incapable of giving informed consent to medication for treatment of psychiatric disabilities Such medication is necessary for patient’s treatment Such medication is necessary for patient’s treatment Probate court finding by clear and convincing evidence Probate court finding by clear and convincing evidence Appointment of conservator with authority to give or withhold consent for 120 days, renewable; authority expires upon discharge from hospital Appointment of Special Limited Conservator with authority to give or withhold consent for 120 days, renewable; authority expires upon discharge from hospital or resolution of competence matter in criminal court Conservator meets with patient and physician and reviews medical record; considers risks and benefits of medication, likelihood and seriousness of adverse side effects, preferences of the patient, patient’s religious views, and prognosis with and without medication Special Limited Conservator meets with patient and physician and reviews medical record; considers risks and benefits of medication, likelihood and seriousness of adverse side effects, the preferences of the patient, and prognosis with and without medication Alternative “internal procedure” available for in-hospital hearing with decision rendered by hearing officer not employed by facility in which the patient is admitted (involuntary medication may be authorized for 30 days via this procedure) Only probate court procedure available ↵a Special limited conservator/probate court procedures.
Total CSTR Admissions, n SLC Petitions, n (%) HCG Petitions, n (%) 2005 236 27 (11.4) 0 2006 216 21 (9.7) 1 (0.5) 2007 203 27 (13.3) 0 2008 229 29 (12.7) 3 (1.3) 2009 190 18 (9.5) 0 2010 204 26 (12.7) 0 2011 177 29 (16.4) 1 (0.6) Total 1,455 177 (12.2) 5 (0.3) CSTR, competence to stand trial restoration; SLC, special limited conservator; HCG, health care guardian
Characteristic Proportion, % Gender Male 74.7 Female 25.3 Race/ethnicity White 58 Black 34 Hispanic/Latino 8 Age distribution 40–59 52 20–39 41 >60 7 Marital Status Never married 69.7 Divorced 20.8 Legally separated 3.9 Married 3.9 Widowed 1.7 Veteran status 6.7 Row Label Subgroup Cases, nb Admission to Probate Probate to Disposition Admission to Disposition Admission to HCG Hearing Probate to HCG Hearing HCG Hearing to Disposition First to Second Probate Hearing A All SLC applications 177 43 84 140 B SLC granted 160 43 84 139 C SLC denied 16 44 86 159 D Withdrawal 1 8 49 57 E SLC restored 118 39 77 123 F SLC granted, not restored 42 49 137 194 G Applied HCG 6 45 144 209 H Applied HCG, granted 3 36 186 222 148 101 85 I Applied HCG, granted, restored 2 36 264 300 209 173 91 J Applied HCG, granted, not restored 1 88 101 189 148 60 41 K Applied HCG, denied 2 139 72 212 L Applied HCG, no decision 1 53 164 218 M Did not apply HCG 10 44 44 106 N Second SLC application, restored 2 44 72 116 116 O No second SLC application 8 36 44 87 P No second SLC application, restored 7 33 41 72 Q No second SLC application, not restored 1 122 158 280
