Sec.17a-212a-4. Siting of residential facilities

(a) The department provides a continuum of services and support to persons with mental retardation, including highly structured and supervised settings, with specialized security and treatment features for persons who are evaluated as posing a serious threat.

(b) Whenever the department determines it necessary to design and develop a non-community based residential facility for persons who are evaluated as posing a serious threat in the absence of specialized safety and security features the following actions shall occur:

(1) Such residential facilities shall be designed to address safety and security of residents and members of the general public while promoting independence and progress toward less restrictive programs and placements;

(2) Facility and program design shall be reviewed and overseen by a forensic review committee, or such other review committee established by the commissioner;

(3) The department shall consult as necessary with the Departments of Public Safety and Correction, or other security personnel in the design of appropriate safety, security, and program design features to meet the needs of residents and public safety; and

(4) Prior notice of the proposed or intended siting of any residential facility designed and developed for persons who are evaluated as posing a serious threat unless specialized supervision and security is in place, shall be provided to the chief elected official of the relevant municipality, the chief law enforcement officer of such municipality, and the joint standing committee of the General Assembly having cognizance of matters relating to public health. The department, after review of the specific public safety issues presented by any such residential facility, may provide such further notice as will further the interests of public safety and the safety and security of the residents of such facility.

(c) Any person placed in a residential facility designed and developed for persons who are evaluated as posing a serious threat shall retain all rights to challenge program and placement decisions as are afforded by applicable federal and state law, regulations and policy of the department.

(d) The department shall not site more than one residential facility designed and developed for persons who are evaluated as posing a serious threat in any one municipality.

(Adopted effective September 29, 2003)