New Connecticut Criminal Law Targets Abuse of the Elderly, Blind, Disabled and Mentally Retarded

On October 1, 2003, a new Connecticut criminal law took effect targeting abuse of the elderly, blind, disabled and mentally retarded. Public Act No. 03-267 establishes a crime of abuse with penalties that are graduated according to the seriousness of the crime.

The new law establishes three categories:

First Degree Abuse

• intentional abuse that causes serious physical injury
  Class C felony - $10,000 fine/1- 10 years imprisonment

Second Degree Abuse

• intentional abuse that causes physi cal injury
• knowing abuse that causes serious physical injury
  Class D felony - $5,000 fine/1-5 years imprisonment

Third Degree Abuse

• Knowing abuse that causes physical injury
• Reckless abuse that causes physical injury
  Class A misdemeanor - $2,000 fine/1 year imprisonment

Any person, corporation, partnership, limited liability company, unincorporated business or other business entity may be charged with the crime of abuse.

No. Prior legislative proposals did target nursing homes, administrators and even board members. However, this law broadly applies to abuse committed in any setting, whether within an institution, a home or the community generally. Moreover, the law does not just protect the elderly; it also targets abuse of the blind, disabled and mentally retarded.

The law defines "abuse" as any "repeated" (occurs on two or more occasions) act or omission "that causes physical injury or serious physical injury" except when (1) part of the treatment and care, and in furtherance of health and safety, or (2) based upon the instructions, wishes, consent, refusal to consent or revocation of consent.

The new law incorporates the current penal code definition. Under this definition, a person acts "intentionally" with respect to abuse when his or her "conscious objective is to cause" the abuse.

The new law incorporates the current penal code definition. A person "knowingly" commits abuse when he or she is "aware that his or her conduct is of such nature" that abuse exists.

The new law incorporates the current penal code definition. A person "recklessly" commits abuse when he or she is "aware of and consciously disregards a substantial and unjustifiable risk that abuse will occur." The risk must be "of such nature and degree that disregarding it constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation."

The law does not make "neglect" a crime. The definition of "abuse" does pertain to acts or omissions that occur on two or more occasions, and therefore could extend to omissions in care or services. However, mere negligence in care and services does not rise to the level of a crime. A person could be convicted under this law in such circumstances only if (a) the omissions were repeated (two or more times); (b) the omissions were intentional, knowing or reckless; and (c) they caused physical injury (or serious physical injury in the case of abuse in the first degree and abuse in the second degree with knowledge).

No. The law only applies to "physical injury." The law incorporates the penal code definition of "physical injury," which does not include psychological injury.

The Office of the Chief State's Attorney will prosecute violations of the law. If the abuse takes place under control of a Medicaid-certified person or entity, then the Medicaid Fraud Control Unit of the Chief State's Attorney's Office will investigate and pursue the case if warranted. The Chief State's Attorney's Office Elder Abuse Unit will prosecute abuse against the elderly in the community (outside of a Medicaid-certified facility).

It could, but not automatically. The new law requires the State's Attorney to transmit any conviction to the Department of Public Health. The Department has the discretion to suspend or revoke the person's license, either permanently or temporarily, or take any other action authorized by law.