State v. Vasquez

Citations

• 194 Conn. App. 831

Syllabus

The acquittee, who had been found not guilty of certain crimes by reason of mental disease or defect, appealed to this court from the judgment of the trial court denying his application for discharge from the jurisdic- tion of the Psychiatric Security Review Board. He claimed that the diagnoses attributed to him—cannabis induced psychotic episode, an acute intoxication now in full remission, cannabis use disorder in remis- sion in a controlled environment, and alcohol use disorder in remission in a controlled environment—are not considered mental illnesses and, thus, do not constitute psychiatric disabilities pursuant to the statutes (§§ 17a-580 through 17a-602) concerning the psychiatric security review board. Held that the trial court did not err in denying the acquittee's application for discharge from the jurisdiction of the board and determin- ing that the acquittee's diagnoses constituted psychiatric disabilities under §§ 17a-580 through 17a-602; that court's finding that the acquittee was mentally ill, suffered from a substance induced psychotic disorder and, thus, suffered from more than mere substance abuse was not clearly erroneous, as the court, in making that finding, considered testimony from a treating forensic psychiatrist, as well as the acquittee's history under the supervision of the board, his anxious and impulsive behavior over the past eight years, the nature of and circumstances surrounding his criminal conduct in assaulting and attempting to assault individuals, his need for continued therapy and supervision, his refusal to consider medication as recommended and his lack of compliance and honesty with staff members and treaters, and on the basis of the totality of the evidence, the court determined that if the acquittee were to be released from the board's supervision entirely, he would under those circum- stances present a danger to himself or others. Argued September 24—officially released December 17, 2019