Raised Bill No. 5415, introduced in the General Assembly, concerns the issuance of a standing criminal protective order in cases where a person is found not guilty due to lack of capacity resulting from mental disease or defect. The bill proposes to amend subsection (a) of section 53a-40e of the general statutes, effective October 1, 2024. The amendment would allow the court to issue a standing criminal protective order not only when a person is convicted of certain serious crimes, including those involving sexual assault, violence, or family violence crimes, but also when a person is found not guilty by reason of lack of capacity due to mental disease or defect for the same crimes.
The purpose of this bill is to enable courts to provide protection to victims and the public by issuing a standing criminal protective order in situations where the accused is not found guilty due to mental incapacity. The protective order would remain in effect for a duration specified by the court until it is modified or revoked for good cause. The bill specifies that this provision would apply to a list of enumerated crimes and also allows for the issuance of such orders for crimes not specified, provided there is good cause shown. The proposed insertions to the existing law are clearly indicated, while the bill notes that deletions are typically enclosed in brackets, but there are no deletions presented in this summary.