
The state is close to settling a lawsuit by patients at Whiting Forensic Hospital in Middletown, who claim the state is stalling their treatment.
The settlement, approved Monday by the Appropriations Committee, would require an estimated $2.5 million annually to bolster staffing at state-run residential programs.
Supporters said the agreement is needed to ensure people can continue their treatment after being found not guilty of a crime by reason of mental illness or defect.
“I know I have spoken to patients in the past that have languished in that hospital for three years,” said State Sen. Heather Somers (R-Groton).
The Appropriations Committee had not concluded its meeting as of 5 p.m. Monday, but Connecticut House and Senate resolutions for the settlement appeared to have the votes needed to advance to the full legislature.
The 2022 lawsuit states that 150 people had been admitted to Whiting’s maximum-security hospital after not-guilty verdicts, and of those, 100 had been transferred to Dutcher Hall – a lower-security facility on Whiting’s compound.
Patients in Dutcher who continue to progress in their treatment can be transferred to residential programs.
The lawsuit states 40 people are “unnecessarily institutionalized and segregated” because they are waiting for the Psychiatric Security Review Board (PSRB) to approve their transfer.
The Department of Mental Health and Addiction Services said a settlement, reached in March, will address that backlog.
The settlement sets timelines for review when a patient asserts readiness for increased freedom. If the consulting psychiatrist agrees, the settlement also establishes timelines for PSRB votes.
DMHAS estimates the settlement will require $2.5 million annually for staffing needed to help facilitate those treatments.
The agency said the agreement does not make any changes to the criteria that consulting psychiatrists use when evaluating patients for release to a program or for transition from treatment into the community.
While most lawmakers supported the agreement, State Sen. Matt Lesser (D-Middletown) said it did not address his district’s security concerns. He referenced a 1989 case when a man, released from Whiting on a day pass, stabbed and killed 9-year-old Jessica Short.
“Trying to understand the burden on the community and trying to understand how the department is going to manage the release of these individuals and ensure they get the services that they need,” Lesser said about his concerns.
Lawmakers cannot amend settlements, contracts, or other legal agreements negotiated by state agencies. The only way for them to push for changes by stating their reasons for voting against






