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Searching 2017-2018 Session

The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 157 : INSANITY AS A DEFENSE

(Cite as: 13 V.S.A. § 4823)
  • [Section 4823 until effective July 1, 2018; see also section 4823 effective July 1, 2018 set out below.]§ 4823. Findings and order; persons with an intellectual disability

    (a) If the court finds that such person is a person in need of custody, care, and habilitation as defined in 18 V.S.A. § 8839, the court shall issue an order of commitment directed to the Commissioner of Disabilities, Aging, and Independent Living for care and habilitation of such person for an indefinite or limited period in a designated program.

    (b) Such order of commitment shall have the same force and effect as an order issued under 18 V.S.A. § 8843 and persons committed under such an order shall have the same status, and the same rights, including the right to receive care and habilitation, to be examined and discharged, and to apply for and obtain judicial review of their cases, as persons ordered committed under 18 V.S.A. § 8843.

    (c) Section 4822 of this title shall apply to persons proposed for discharge under this section; however, judicial proceedings shall be conducted in the Criminal Division of the Superior Court in which the person then resides, unless the person resides out of state in which case the proceedings shall be conducted in the original committing court. (Added 1987, No. 248 (Adj. Sess.), § 6; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 23; 2009, No. 154, § 238; 2013, No. 96 (Adj. Sess.), § 58.)

  • [Section 4823 effective July 1, 2018; see also section 4823 effective until July 1, 2018 set out above.]§ 4823. Findings and order; persons with intellectual disability or traumatic brain injury

    (a) If the court finds that the person is a person in need of custody, care, and habilitation as defined in 18 V.S.A. § 8839, the court shall issue an order of commitment directed to the Commissioner of Disabilities, Aging, and Independent Living for care and habilitation of such person for an indefinite or limited period in a designated program.

    (b) The order of commitment shall have the same force and effect as an order issued under 18 V.S.A. § 8843 and persons committed under the order shall have the same status, and the same rights, including the right to receive care and habilitation, to be examined and discharged, and to apply for and obtain judicial review of their cases, as persons ordered committed under 18 V.S.A. § 8843.

    (c) Section 4822 of this title shall apply to persons proposed for discharge under this section; however, judicial proceedings shall be conducted in the Criminal Division of the Superior Court in which the person then resides, unless the person resides out of state in which case the proceedings shall be conducted in the original committing court. (Added 1987, No. 248 (Adj. Sess.), § 6; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 23; 2009, No. 154, § 238; 2013, No. 96 (Adj. Sess.), § 58; 2013, No. 158 (Adj. Sess.), § 10, eff. July 1, 2018.)