The Vermont Statutes Online
The Statutes below now include the actions of the 2026 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 13: Crimes and Criminal Procedure
Chapter 157: Insanity as a Defense
§ 4801. Test of insanity in criminal cases
(a) The test when used as a defense in criminal cases shall be as follows:
(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect the person lacks adequate capacity either to appreciate the criminality of the person’s conduct or to conform the person’s conduct to the requirements of law.
(2) The terms “mental disease or defect” do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. The terms “mental disease or defect” includes congenital and traumatic mental conditions as well as disease.
(b) The defendant shall have the burden of proof in establishing insanity as an affirmative defense by a preponderance of the evidence. The defendant shall be responsible for hiring the defendant’s own forensic evaluator for the purpose of establishing insanity, provided that the Office of the Defender General shall pay for the evaluation of an indigent defendant. (Amended 1983, No. 75; 2023, No. 28, § 1, eff. July 1, 2023.)
§ 4802. M’Naghten test abolished
The M’Naghten test of insanity in criminal cases is hereby abolished.
§§ 4803-4813. Repealed. 1969, No. 20, § 14.
§ 4814. Order for examination of competency
(a) Any court before which a criminal prosecution is pending may order the Department of Mental Health to have the defendant examined by a psychiatrist at any time before, during, or after trial, and before final judgment in any of the following cases:
(1) [Repealed.]
(2) when the defendant, the State, or an attorney, guardian, or other person acting on behalf of the defendant raises before such court the issue of whether the defendant is mentally competent to stand trial for the alleged offense; or
(3) [Repealed.]
(4) when the court believes that there is doubt as to the defendant’s mental competency to be tried for the alleged offense.
(b) The order may be issued by the court on its own motion or on motion of the State, the defendant, or an attorney, guardian, or other person acting on behalf of the defendant.
(c) An order issued pursuant to this section or Rule 16.1 of the Vermont Rules of Criminal Procedure shall order the release of all relevant records to the examiner, including all juvenile and adult court, mental health, and other health records.
(d) Notwithstanding any other provision of law, an examination ordered pursuant to subsection (a) of this section may be conducted by a doctoral-level psychologist trained in forensic psychology and licensed under 26 V.S.A. chapter 55.
(e) After an initial competency determination, a court may order subsequent evaluations of a defendant to be performed by the Department of Mental Health only upon a showing of changed circumstances. In determining whether to order subsequent evaluations, the court shall consider a treating physician’s clinical evidence, if any, indicating that the defendant’s competency may have changed. This section shall not limit the parties’ abilities to secure their own evaluations voluntarily or under Vermont Rule of Criminal Procedure 16.1.
(f) The court may issue a warrant for the arrest of a defendant who, after receiving notice of an evaluation ordered under this section, fails to appear for the evaluation. (Added 1969, No. 20, § 1; amended 1973, No. 118, § 16, eff. Oct. 1, 1973; 1991, No. 231 (Adj. Sess.), § 6; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 19; 2007, No. 15, § 22; 2023, No. 28, § 2, eff. July 1, 2023; 2023, No. 137 (Adj. Sess.), § 21, eff. July 1, 2024; 2023, No. 161 (Adj. Sess.), § 10, eff. July 1, 2024.)
§ 4815. Place of examination; temporary commitment
(a) It is the purpose of this section to provide a mechanism by which a defendant is examined in the least restrictive environment deemed sufficient to complete the examination and prevent unnecessary pre-trial detention and substantial threat of physical violence to any person, including a defendant.
(b) The order for examination may provide for an examination at any jail or correctional center, or at the State Hospital, or at its successor in interest, or at such other place as the court shall determine, after hearing a recommendation by the Commissioner of Mental Health.
(c) A motion for examination shall be made as soon as practicable after a party or the court has good faith reason to believe that there are grounds for an examination. A motion for an examination shall detail the facts indicating incompetency on which the motion is based and shall certify that the motion is made after the moving party has met with or personally observed the defendant. An attorney making such a motion shall be subject to the potential sanctions of Rule 11 of the Vermont Rules of Civil Procedure.
(d) Upon the making of a motion for examination, if the court finds sufficient facts to order an examination, the court shall order a mental health screening to be completed by a designated mental health professional while the defendant is still at the court.
(e) If the screening cannot be commenced and completed at the courthouse within two hours from the time of the defendant’s appearance before the court, the court may forgo consideration of the screener’s recommendations.
(f) The court and parties shall review the recommendation of the designated mental health professional and consider the facts and circumstances surrounding the charge and observations of the defendant in court. If the court finds sufficient facts to order an examination, it may be ordered to be completed in the least restrictive environment deemed sufficient to complete the examination, consistent with subsection (a) of this section.
(g)(1) Inpatient examination at the Vermont State Hospital, or its successor in interest, or a designated hospital. The court shall not order an inpatient examination unless the designated mental health professional determines that the defendant is a person in need of treatment as defined in 18 V.S.A. § 7101(17).
(2) Before ordering the inpatient examination, the court shall determine what terms, if any, shall govern the defendant’s release from custody under sections 7553-7554 of this title.
(3) An order for inpatient examination shall provide for placement of the defendant in the custody and care of the Commissioner of Mental Health.
(A) If a Vermont State Hospital psychiatrist, or a psychiatrist of its successor in interest, or a designated hospital psychiatrist determines that the defendant is not in need of inpatient hospitalization prior to admission, the Commissioner shall release the defendant pursuant to the terms governing the defendant’s release from the Commissioner’s custody as ordered by the court. The Commissioner of Mental Health shall ensure that all individuals who are determined not to be in need of inpatient hospitalization receive appropriate referrals for outpatient mental health services.
(B) If a Vermont State Hospital psychiatrist, or a psychiatrist of its successor in interest, or designated hospital psychiatrist determines that the defendant is in need of inpatient hospitalization:
(i) The Commissioner shall obtain an appropriate inpatient placement for the defendant at the Vermont State Hospital psychiatrist, or a psychiatrist of its successor in interest, or a designated hospital and, based on the defendant’s clinical needs, may transfer the defendant between hospitals at any time while the order is in effect. A transfer to a designated hospital outside the no refusal system is subject to acceptance of the patient for admission by that hospital.
(ii) The defendant shall be returned to court for further appearance on the following business day if the defendant is no longer in need of inpatient hospitalization, unless the terms established by the court pursuant to subdivision (2) of this section permit the defendant to be released from custody.
(C) The defendant shall be returned to court for further appearance within two business days after the Commissioner notifies the court that the examination has been completed, unless the terms established by the court pursuant to subdivision (2) of this section permit the defendant to be released from custody.
(4) If the defendant is to be released pursuant to subdivision (3)(A), (3)(B)(ii), or (3)(C) of this subsection and is not in the custody of the Commissioner of Corrections, the defendant shall be returned to the defendant’s residence or such other appropriate place within the State of Vermont by the Department of Mental Health at the expense of the court.
(5) If it appears that an inpatient examination cannot reasonably be completed within 30 days, the court issuing the original order, on request of the Commissioner and upon good cause shown may order placement at the hospital extended for additional periods of 15 days in order to complete the examination, and the defendant on the expiration of the period provided for in such order shall be returned in accordance with this subsection.
(6) For the purposes of this subsection, “in need of inpatient hospitalization” means an individual has been determined under clinical standards of care to require inpatient treatment.
(h) Defendants charged with misdemeanor offenses who are not in the custody of the Commissioner of Corrections shall be examined on an outpatient basis for mental competency unless the court makes findings on the record that there is good cause for an inpatient evaluation. Examinations occurring in the community shall be conducted at a location within 60 miles of the defendant’s residence or at another location agreed to by the defendant.
(i) As used in this section:
(1) “No refusal system” means a system of hospitals and intensive residential recovery facilities under contract with the Department of Mental Health that provides high intensity services, in which the facilities shall admit any individual for care if the individual meets the eligibility criteria established by the Commissioner in contract.
(2) “Successor in interest” shall mean the mental health hospital owned and operated by the State that provides acute inpatient care and replaces the Vermont State Hospital. (Added 1969, No. 20, § 2; amended 1987, No. 248 (Adj. Sess.), § 2; 1989, No. 187 (Adj. Sess.), § 5; 1991, No. 231 (Adj. Sess.), § 7; 1995, No. 134 (Adj. Sess.), § 1; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 71, §§ 113a, 113b; 2005, No. 174 (Adj. Sess.), § 20; 2005, No. 215 (Adj. Sess.), § 124; 2007, No. 15, § 22; 2009, No. 119 (Adj. Sess.), § 12; 2011, No. 79 (Adj. Sess.), § 15, eff. April 12, 2012; 2023, No. 28, § 3, eff. July 1, 2023.)
§ 4815a. Competency restoration services within forensic facility [Repealed effective July 1, 2029; see also § 4815a effective July 1, 2029, set out below]
(a) A person shall be placed at the forensic facility established in section 4826 of this title if the person:
(1) has been charged with an offense punishable by a life sentence;
(2)(A) has been held without bail pursuant to section 7553 of this title; or
(B) if the person is not held without bail pursuant to section 7553 of this title, has a qualifying condition and it has been determined that the person’s release would create a substantial risk of bodily injury to another person;
(3) is not currently:
(A) receiving treatment through an order of hospitalization pursuant to 18 V.S.A. § 7619 or section 4822 of this title; or
(B) subject to an order of commitment to the Commissioner of Disabilities, Aging, and Independent Living issued under 18 V.S.A. § 8845 or section 4823 of this title, unless the person is detained in a correctional facility pending trial; and
(4) has been found not competent to stand trial.
(b)(1) The forensic facility shall cause the person to be evaluated for competency to stand trial:
(A) six months from the date of admission, and thereafter every six months from the issuance of an order for continued competency restoration treatment under subdivision (3)(B) of this subsection (b); and
(B) at any time upon the determination by the Agency of Human Services Medical Director that the person is likely competent to stand trial or that it is unlikely that the person’s competency can be restored.
(2) The court shall hold a hearing after the competency evaluation, and, prior to the hearing, the results of all evaluations shall be supplied to the court and the parties to the underlying criminal action.
(3)(A) If the court finds after the hearing that the person is competent to stand trial, the court shall immediately notify the State’s Attorney and the person’s counsel in the criminal case.
(B) If the court finds after the hearing that the person is not competent to stand trial, the court shall order continued competency restoration treatment at the facility pursuant to this section.
(4) Notwithstanding any other provision of law or rule, witnesses at hearings held pursuant to this section shall be permitted to provide testimony remotely.
(c)(1) At the request of a party or the Agency of Human Services Medical Director, the court may order that a competency evaluation conducted pursuant to subsection (b) of this section include an opinion on whether the person’s competency can be restored. If a request is made pursuant to this subsection, the forensic facility shall cause the person to be evaluated for restorability to competence prior to the hearing.
(2) If the court finds that the person’s competency can be restored, the court shall order continued competency restoration treatment at the facility pursuant to this section.
(3)(A) If the court finds that the person’s competency cannot be restored, the court shall hold a hearing within 60 days unless that period is extended by the court for good cause.
(B) Prior to the date of the hearing, the court shall order that a forensic risk assessment of the person be conducted by an evaluator appropriately qualified for the qualifying condition of the person that includes:
(i) the person’s history and present dangerousness;
(ii) a description of any tests that were employed and the results of the tests;
(iii) the examiner’s findings;
(iv) the examiner’s opinion as to whether the person’s release would create a substantial risk of bodily injury to another person;
(v) recommendations for evidence-based treatment and supervision, including in a community-based placement, that would support the person’s success and mitigate risk of aggression and violence; and
(vi) the examiner’s opinion as to whether the person is a person in need of custody, care, and habilitation as defined in 18 V.S.A. § 8839.
(C) The results of all evaluations shall be supplied to the court and the parties to the underlying criminal action.
(4)(A) If the State’s Attorney demonstrates by clear and convincing evidence at a hearing held pursuant to subdivision (3)(A) of this subsection (c) or subdivision (B) of this subdivision (4) that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person, the court shall order continued commitment of the person consistent with the person’s forensic risk assessment. The court shall order treatment of the person, which may include appropriate supervision and supervised housing, including in a community-based placement, in the least restrictive setting consistent with the person’s forensic risk assessment and treatment needs.
(B) If continued commitment is ordered pursuant to subdivision (A) of this subdivision (4), the person’s commitment shall be reviewed by the court:
(i) every 12 months;
(ii) at any time upon the determination by the Agency of Human Services Medical Director that the person no longer has a qualifying condition and the person’s release would not create a substantial risk of bodily injury to another person; and
(iii) upon petition of the person filed at any time after 90 days following an order of continued commitment issued pursuant to subdivision (A) of this subdivision (4), and thereafter not earlier than six months from the issuance of an order for continued commitment under subdivision (A) of this subdivision (4).
(5)(A) If the State’s Attorney does not demonstrate by clear and convincing evidence at a hearing held pursuant to subdivision (3)(A) or (4)(B) of this subsection (c) that the person has a qualifying condition and the person’s release would create a substantial risk of bodily injury to another person, the court shall:
(i) order the release of the person under a prescribed regimen of medical, psychiatric, or psychological care or treatment, housing, and supervision by the Department of Corrections in collaboration with the Commissioner of Mental Health; the Department of Disabilities, Aging, and Independent Living; or the Department of Health that the Agency of Human Services Medical Director has certified as appropriate; and
(ii) order, as an explicit condition of supervision, that the person comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, housing, and supervision by the Department of Corrections in collaboration with the Commissioner of Mental Health; the Department of Disabilities, Aging, and Independent Living; or the Department of Health, together with any other conditions appropriate to protect the public.
(B) A person’s release pursuant to this subdivision (5) shall be reviewed by the court every 12 months. The person shall be released from the supervision of the Commissioner of Corrections unless the State’s Attorney demonstrates by clear and convincing evidence at the hearing that continued treatment and supervision is necessary to prevent the person from becoming a substantial risk of bodily injury to another person.
(C)(i) The State’s Attorney shall make a reasonable effort to provide the victim with prior notice of any hearing held pursuant to this subdivision (5). The court may continue the hearing if the victim has not been provided with the notice required by this subdivision (C)(i).
(ii) At any hearing under this subdivision (5), the court shall ask if the victim is present and, if so, shall offer the victim the opportunity to be heard. The court may consider any views offered at the hearing by the victim, including the victim’s views concerning the offense and preferences for the person’s placement and care. If the victim is not present at the hearing, the court shall ask whether the victim has expressed oral or written views concerning the offense and preferences for the person’s placement and care, and, if so, the court may consider those views.
(6)(A) If the court finds that the person’s competency cannot be restored, and finds by clear and convincing evidence 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 for up to one year directed to the Commissioner of Disabilities, Aging, and Independent Living for placement in a designated program in the least restrictive environment consistent with the person’s need for custody, care, and habilitation. The order of commitment shall have the same force and effect as an order issued under 18 V.S.A. chapter 206, subchapter 3 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. chapter 206, subchapter 3.
(B)(i) The Commissioner shall provide appropriate custody, care, and habilitation in a designated program to a person committed under subdivision (A) of this subdivision (6).
(ii) The court may order continued treatment at the forensic facility for a period not to exceed one year if the court finds that the Commissioner is not currently able to provide appropriate custody, care, and habilitation in a designated program. For good cause shown, the court may extend the one-year period by an additional period not to exceed six months.
(C)(i) The court shall review an order of continued treatment issued pursuant to subdivision (B)(ii) of this subdivision (6) every 90 days.
(ii) If the court finds at the review that appropriate custody, care, and habilitation can be provided to the person in a designated program, the court shall vacate the order for continued treatment and order the person committed to the custody of the Commissioner pursuant to subdivision (A) of this subdivision (6).
(iii) If the court finds at the review that appropriate custody, care, and habilitation cannot be provided to the person in a designated program, the court shall order continued treatment at the forensic facility pursuant to subdivision (B)(ii) of this subdivision (6).
(D) The Commissioner may at any time certify to the court that appropriate custody, care, and habilitation can be provided to the person in a designated program, and after such a certification the court shall vacate the order for continued treatment and order the person committed to the custody of the Commissioner pursuant to subdivision (A) of this subdivision (6).
(E) As used in this subdivision (6), “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.
(d) Except as provided in subdivisions (c)(4)(A), (c)(5), and (c)(6)(A) of this section, the person shall remain at the forensic facility until the person is restored to competency or until there is a final disposition of the charges against the person.
(e) The person shall receive competency restoration services while at the forensic facility according to a plan approved by the Agency of Human Services Medical Director. Such services shall include any appropriate combination of medication, education, accommodations, habilitation, or other services identified as necessary or proper to achieve and maintain competency to stand trial. The person’s refusal to receive competency restoration services shall not be grounds for release or dismissal from the forensic facility.
(f) Competency restoration services shall be provided to the person at the forensic facility, or at another location as part of a discharge plan, until the person is restored to competency or until there is a final disposition of the charges against the person.
(g)(1) As appropriate for the needs of the person, the Agency of Human Services Medical Director, in consultation with the Commissioner of Mental Health; of Health; or of Disabilities, Aging, and Independent Living, shall actively monitor compliance with orders issued pursuant to subdivision (c)(5) of this section. Upon request from the Agency of Human Services Medical Director, the court shall immediately order the return of a person to the forensic facility if:
(A) the person was released from the facility pursuant to subdivision (c)(5) of this section; and
(B) the Agency of Human Services Medical Director has reason to believe that the person has a qualifying condition and that the person’s continued release would create a substantial risk of bodily injury to another person.
(2) The Agency of Human Services Medical Director shall notify the court where the person was committed upon return of the person to the forensic facility. Upon readmission, the court shall hold a hearing at which the State’s Attorney shall have the burden of establishing by clear and convincing evidence that the person has a qualifying condition and that the person’s continued release would create a substantial risk of bodily injury to another person. If the State’s Attorney meets its burden, the court shall order the person readmitted to the forensic facility for treatment pursuant to this section. If the State’s Attorney does not meet its burden, the court shall order the person restored to the status the person had when the person was returned to the facility.
(h) The Agency of Human Services Medical Director shall receive prior approval of the Criminal Division of the Superior Court where the person’s underlying criminal charge is pending for any competency restoration plan involving involuntary medication. The court shall not approve involuntary medication unless the State’s Attorney establishes by clear and convincing evidence that:
(1) the involuntary medication is medically appropriate;
(2) the involuntary medication serves the important governmental interests of bringing to trial an individual accused of a serious crime and ensuring a fair, timely prosecution;
(3) the involuntary medication significantly furthers these important governmental interests by making it substantially likely to render the defendant competent to stand trial; and
(4) any alternative, less intrusive treatments are unlikely to achieve the same results.
(i) When an evaluation of the person’s competency or restorability is required under this section, the defense shall be entitled to conduct an independent evaluation and introduce the results at the hearing. (Added 2025, No. 147 (Adj. Sess.), § 9, eff. July 1, 2026.)
§ 4815a. Competency restoration services within forensic facility [Effective July 1, 2029; see also § 4815a effective until July 1, 2029, set out above]
(a) A person shall be placed at the forensic facility established in section 4826 of this title if the person:
(1) has been charged with an offense punishable by a life sentence;
(2)(A) has been held without bail pursuant to section 7553 of this title; or
(B) if the person is not held without bail pursuant to section 7553 of this title, has a qualifying condition and it has been determined that the person’s release would create a substantial risk of bodily injury to another person;
(3) is not currently:
(A) receiving treatment through an order of hospitalization pursuant to 18 V.S.A. § 7619 or section 4822 of this title; or
(B) subject to an order of commitment to the Commissioner of Disabilities, Aging, and Independent Living issued under 18 V.S.A. § 8845 or section 4823 of this title, unless the person is detained in a correctional facility pending trial; and
(4) has been found not competent to stand trial.
(b)(1) The forensic facility shall cause the person to be evaluated for competency to stand trial:
(A) six months from the date of admission, and thereafter every six months from the issuance of an order for continued competency restoration treatment under subdivision (3)(B) of this subsection (b); and
(B) at any time upon the determination by the Agency of Human Services Medical Director that the person is likely competent to stand trial or that it is unlikely that the person’s competency can be restored.
(2) The court shall hold a hearing after the competency evaluation, and, prior to the hearing, the results of all evaluations shall be supplied to the court and the parties to the underlying criminal action.
(3)(A) If the court finds after the hearing that the person is competent to stand trial, the court shall immediately notify the State’s Attorney and the person’s counsel in the criminal case.
(B) If the court finds after the hearing that the person is not competent to stand trial, the court shall order continued competency restoration treatment at the facility pursuant to this section.
(4) Notwithstanding any other provision of law or rule, witnesses at hearings held pursuant to this section shall be permitted to provide testimony remotely.
(c)(1) At the request of a party or the Agency of Human Services Medical Director, the court may order that a competency evaluation conducted pursuant to subsection (b) of this section include an opinion on whether the person’s competency can be restored. If a request is made pursuant to this subsection, the forensic facility shall cause the person to be evaluated for restorability to competence prior to the hearing.
(2) If the court finds that the person’s competency can be restored, the court shall order continued competency restoration treatment at the facility pursuant to this section.
(3)(A) If the court finds that the person’s competency cannot be restored, the court shall hold a hearing within 60 days unless that period is extended by the court for good cause.
(B) Prior to the date of the hearing, the court shall order that a forensic risk assessment of the person be conducted by an evaluator appropriately qualified for the qualifying condition of the person that includes:
(i) the person’s history and present dangerousness;
(ii) a description of any tests that were employed and the results of the tests;
(iii) the examiner’s findings;
(iv) the examiner’s opinion as to whether the person’s release would create a substantial risk of bodily injury to another person;
(v) recommendations for evidence-based treatment and supervision, including in a community-based placement, that would support the person’s success and mitigate risk of aggression and violence;
(vi) the examiner’s opinion as to whether the person is a person in need of custody, care, and habilitation as defined in 18 V.S.A. § 8839; and
(vii) the examiner’s opinion as to whether the person is competent to stand trial.
(C) The results of all evaluations shall be supplied to the court and the parties to the underlying criminal action.
(4)(A) If the State’s Attorney demonstrates by clear and convincing evidence at a hearing held pursuant to subdivision (3)(A) of this subsection (c) or subdivision (B) of this subdivision (4) that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person, the court shall order continued commitment of the person consistent with the person’s forensic risk assessment. The court shall order treatment of the person, which may include appropriate supervision and supervised housing, including a community-based placement, in the least restrictive setting consistent with the person’s forensic risk assessment and treatment needs.
(B) If continued commitment is ordered pursuant to subdivision (A) of this subdivision (4), the person’s commitment shall be reviewed by the court:
(i) every 12 months;
(ii) at any time upon the determination by the Agency of Human Services Medical Director that the person no longer has a qualifying condition and the person’s release would not create a substantial risk of bodily injury to another person; and
(iii) upon petition of the person filed at any time after 90 days following an order of continued commitment issued pursuant to subdivision (A) of this subdivision (4), and thereafter not earlier than six months from the issuance of an order for continued commitment under subdivision (A) of this subdivision (4).
(5)(A) If the State’s Attorney does not demonstrate by clear and convincing evidence at a hearing held pursuant to subdivision (3)(A) or (4)(B) of this subsection (c) that the person has a qualifying condition and the person’s release would create a substantial risk of bodily injury to another person, the court shall:
(i) order the release of the person under a prescribed regimen of medical, psychiatric, or psychological care or treatment, housing, and supervision by the Commissioner of Mental Health; the Department of Disabilities, Aging, and Independent Living; or the Department of Health that the Agency of Human Services Medical Director has certified as appropriate; and
(ii) order, as an explicit condition of supervision, that the person comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, housing, and supervision by the Commissioner of Mental Health; the Department of Disabilities, Aging, and Independent Living; or the Department of Health, together with any other conditions appropriate to protect the public.
(B) A person’s release pursuant to this subdivision (5) shall be reviewed by the court every 12 months. The person shall be released from the supervision of the Commissioner of Mental Health; the Department of Disabilities, Aging, and Independent Living; or the Department of Health unless the State’s Attorney demonstrates by clear and convincing evidence at the hearing that continued treatment and supervision is necessary to prevent the person from becoming a substantial risk of bodily injury to another person.
(C)(i) The State’s Attorney shall make a reasonable effort to provide the victim with prior notice of any hearing held pursuant to this subdivision (5). The court may continue the hearing if the victim has not been provided with the notice required by this subdivision (C)(i).
(ii) At any hearing under this subdivision (5), the court shall ask if the victim is present and, if so, shall offer the victim the opportunity to be heard. The court may consider any views offered at the hearing by the victim, including the victim’s views concerning the offense and preferences for the person’s placement and care. If the victim is not present at the hearing, the court shall ask whether the victim has expressed oral or written views concerning the offense and preferences for the person’s placement and care, and, if so, the court may consider those views.
(6)(A) If the court finds that the person’s competency cannot be restored, and finds by clear and convincing evidence 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 for up to one year directed to the Commissioner of Disabilities, Aging, and Independent Living for placement in a designated program in the least restrictive environment consistent with the person’s need for custody, care, and habilitation. The order of commitment shall have the same force and effect as an order issued under 18 V.S.A. chapter 206, subchapter 3 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. chapter 206, subchapter 3.
(B)(i) The Commissioner shall provide appropriate custody, care, and habilitation in a designated program to a person committed under subdivision (A) of this subdivision (6).
(ii) The court may order continued treatment at the forensic facility for a period not to exceed one year if the court finds that the Commissioner is not currently able to provide appropriate custody, care, and habilitation in a designated program. For good cause shown, the court may extend the one-year period by an additional period not to exceed six months.
(C)(i) The court shall review an order of continued treatment issued pursuant to subdivision (B)(ii) of this subdivision (6) every 90 days.
(ii) If the court finds at the review that appropriate custody, care, and habilitation can be provided to the person in a designated program, the court shall vacate the order for continued treatment and order the person committed to the custody of the Commissioner pursuant to subdivision (A) of this subdivision (6).
(iii) If the court finds at the review that appropriate custody, care, and habilitation cannot be provided to the person in a designated program, the court shall order continued treatment at the forensic facility pursuant to subdivision (B)(ii) of this subdivision (6).
(D) The Commissioner may at any time certify to the court that appropriate custody, care, and habilitation can be provided to the person in a designated program, and after such a certification the court shall vacate the order for continued treatment and order the person committed to the custody of the Commissioner pursuant to subdivision (A) of this subdivision (6).
(E) As used in this subdivision (6), “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.
(d) Except as provided in subdivisions (c)(4)(A), (c)(5), and (c)(6)(A) of this section, the person shall remain at the forensic facility until the person is restored to competency or until there is a final disposition of the charges against the person.
(e) The person shall receive competency restoration services while at the forensic facility according to a plan approved by the Agency of Human Services Medical Director. Such services shall include any appropriate combination of medication, education, accommodations, habilitation, or other services identified as necessary or proper to achieve and maintain competency to stand trial. The person’s refusal to receive competency restoration services shall not be grounds for release or dismissal from the forensic facility.
(f) Competency restoration services shall be provided to the person at the forensic facility, or at another location as part of a discharge plan, until the person is restored to competency or until there is a final disposition of the charges against the person.
(g)(1) As appropriate for the needs of the person, the Commissioner of Mental Health; of Health; or of Disabilities, Aging, and Independent Living shall actively monitor compliance with orders issued pursuant to subdivision (c)(5) of this section. Upon request from the commissioner monitoring the person, the court shall immediately order the return of a person to the forensic facility if:
(A) the person was released from the facility pursuant to subdivision (c)(5) of this section; and
(B) the Agency of Human Services Medical Director has reason to believe that the person continues to have a qualifying condition and that the person’s continued release would create a substantial risk of bodily injury to another person.
(2) The commissioner monitoring the person shall notify the court where the person was committed upon return of the person to the forensic facility. Upon readmission, the court shall hold a hearing at which the State’s Attorney shall have the burden of establishing by clear and convincing evidence that the person has a qualifying condition and that the person’s continued release would create a substantial risk of bodily injury to another person. If the State’s Attorney meets its burden, the court shall order the person readmitted to the forensic facility for treatment pursuant to this section. If the State’s Attorney does not meet its burden, the court shall order the person restored to the status the person had when the person was returned to the facility.
(h) The Agency of Human Services Medical Director shall receive prior approval of the Criminal Division of the Superior Court where the person’s underlying criminal charge is pending for any competency restoration plan involving involuntary medication. The court shall not approve involuntary medication unless the State’s Attorney establishes by clear and convincing evidence that:
(1) the involuntary medication is medically appropriate;
(2) the involuntary medication serves the important governmental interests of bringing to trial an individual accused of a serious crime and ensuring a fair, timely prosecution;
(3) the involuntary medication significantly furthers these important governmental interests by making it substantially likely to render the defendant competent to stand trial; and
(4) any alternative, less intrusive treatments are unlikely to achieve the same results.
(i) When an evaluation is required of the person’s competency or restorability under this section, the defense shall be entitled to conduct an independent evaluation and introduce the results at the hearing. (Added 2025, No. 147 (Adj. Sess.), § 2, eff. July 1, 2029.)
§ 4816. Scope of examination; report; evidence
(a) Examinations provided for in section 4815 of this title shall have reference to the mental competency of the person examined to stand trial for the alleged offense.
(b) A competency evaluation for an individual thought to have developmental disability shall be a current evaluation by a doctoral-level psychologist trained in forensic psychology and skilled in assessing individuals with developmental disabilities.
(c) As soon as practicable after the examination has been completed, the examining psychiatrist or, if applicable under subsection (b) of this section, the psychologist shall prepare a report containing findings in regard to the applicable provisions of subsection (a) of this section. The report shall be transmitted to the court issuing the order for examination, and copies of the report sent to the State’s Attorney, to the respondent, to the respondent’s attorney if the respondent is represented by counsel, to the Commissioner of Mental Health, and, if applicable, to the Department of Disabilities, Aging, and Independent Living.
(d) No statement made in the course of the examination by the person examined, whether or not the person has consented to the examination, shall be admitted as evidence in any criminal proceeding for the purpose of proving the commission of a criminal offense or for the purpose of impeaching testimony of the person examined.
(e) The relevant portion of a psychiatrist’s report or of a report conducted pursuant to subsection 4814(d) of this title by a doctoral-level psychologist trained in forensic psychology shall be admitted into evidence as an exhibit on the issue of the person’s mental competency to stand trial and the opinion shall be conclusive on the issue if agreed to by the parties and if found by the court to be relevant and probative on the issue.
(f) Introduction of a report under subsection (e) of this section shall not preclude either party or the court from calling the psychiatrist or psychologist who wrote the report as a witness or from calling witnesses or introducing other relevant evidence. Any witness called by either party on the issue of the defendant’s competency shall be at the State’s expense, or, if called by the court, at the court’s expense. Notwithstanding any other provision of law or rule, if called as a witness, the psychiatrist or psychologist who wrote the report shall be permitted to provide testimony remotely. (Added 1969, No. 20, § 3; amended 1995, No. 134 (Adj. Sess.), § 2; 2009, No. 146 (Adj. Sess.), § C25a; 2009, No. 156 (Adj. Sess.), § F.6; 2021, No. 57, § 1; 2023, No. 28, § 4, eff. July 1, 2023; 2023, No. 161 (Adj. Sess.), § 11, eff. June 6, 2024; 2023, No. 137 (Adj. Sess.), § 22, eff. July 1, 2024.)
§ 4817. Competency to stand trial; determination; dismissal
(a) A defendant shall be presumed to be competent and shall have the burden of proving incompetency by a preponderance of the evidence.
(b) A person shall not be tried for a criminal offense if the person is found incompetent to stand trial by a preponderance of the evidence.
(c) If a person indicted, complained, or informed against for an alleged criminal offense, an attorney or guardian acting in the person’s behalf, or the State, at any time before final judgment, raises before the court before which such person is tried or is to be tried, the issue of whether such person is incompetent to stand trial, or if the court has reason to believe that such person may not be competent to stand trial, a hearing shall be held before such court at which evidence shall be received and a finding made regarding the person’s competency to stand trial. However, in cases where the court has reason to believe that such person may be incompetent to stand trial due to a mental disease or mental defect, such hearing shall not be held until an examination has been made and a report submitted by an examining psychiatrist or psychologist in accordance with sections 4814–4816 of this title.
(d) A person who has been found incompetent to stand trial for an alleged offense may be tried for that offense if, upon subsequent hearing, such person is found by the court having jurisdiction of the person’s trial for the offense to have become competent to stand trial.
(e)(1) When a person has been found incompetent to stand trial for an alleged misdemeanor offense, the charges against the person shall be dismissed without prejudice if, after the finding of incompetence, the case remains inactive for a continuous period of time equal to or greater than the maximum sentence for the offense. Dismissal under this section shall not be required if the court finds that dismissing the case would be contrary to the interests of justice.
(2)(A) If the offense is not a qualifying crime under subdivision 7601(4) of this title, the court shall hold a hearing prior to dismissing a case under this subsection (e). The State’s Attorney shall make a reasonable effort to provide the victim with prior notice of the hearing, and the court may continue the hearing if the victim has not been provided with the notice required by this subdivision (2)(A).
(B) At the hearing, the court shall ask if the victim is present and, if so, shall offer the victim the opportunity to be heard. The court may consider any views offered at the hearing by the victim, including the victim’s views concerning the offense and the interests of justice. If the victim is not present at the hearing, the court shall ask whether the victim has expressed oral or written views concerning the offense and the interests of justice, and, if so, the court may consider those views. (Added 1969, No. 20, § 4; amended 2023, No. 28, § 5, eff. July 1, 2023; 2023, No. 137 (Adj. Sess.), § 23, eff. July 1, 2024; 2025, No. 147 (Adj. Sess.), § 3, eff. July 1, 2026.)
§ 4818. Failure to indict by reason of insanity
When a grand jury before which an indictment is heard returns the indictment as not found by reason of insanity of the person so charged at the time of the alleged offense, the grand jury shall so certify to the court. (Added 1969, No. 20, § 5.)
§ 4819. Acquittal by reason of insanity
When a person tried on information, complaint, or indictment is acquitted by a jury by reason of insanity at the time of the alleged offense, the jury shall state in its verdict of not guilty that the same is given for such cause. (Added 1969, No. 20, § 6.)
§ 4819a. Forensic facility placement for persons not guilty by reason of insanity for certain crimes [Repealed effective July 1, 2029; see also § 4819a effective July 1, 2029, set out below]
(a)(1) A person who is charged with an offense punishable by a life sentence and is found not guilty only by reason of insanity at the time of the offense charged shall be committed to a forensic facility pursuant to this section. This section shall not be construed to prohibit the temporary transfer of a person requiring inpatient treatment through an order of hospitalization pursuant to 18 V.S.A. § 7619 or section 4822 of this title.
(2) The committing court shall retain jurisdiction over the person for all proceedings under this section.
(b)(1) A hearing shall be held by the court where the person was tried within 60 days following admission to the forensic facility, unless that period is extended by the court.
(2) Prior to the date of the hearing, the court shall order that a forensic risk assessment of the person be conducted that includes:
(A) the person’s history and present dangerousness;
(B) a description of any tests that were employed and the results of the tests;
(C) the examiner’s findings;
(D) the examiner’s opinion as to whether the person’s release would create a substantial risk of bodily injury to another person; and
(E) recommendations for evidence-based treatment and supervision that would support the individual’s success and mitigate risk of aggression and violence.
(3) The results of all evaluations shall be supplied to the court and the parties to the underlying criminal action.
(4)(A) At the hearing, the court shall order the person committed to the forensic facility if the State’s Attorney establishes by clear and convincing evidence that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person.
(B) If the State’s Attorney does not establish by clear and convincing evidence that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person, the court shall enter an order releasing the person pursuant to subdivisions (e)(3)(A) and (B) of this section.
(C) Notwithstanding any other provision of law or rule, witnesses at the hearing shall be permitted to provide testimony remotely.
(c) A person committed to the forensic facility pursuant to this section shall not be released until the court finds pursuant to subsection (e) of this section that the person no longer has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person.
(d) The Agency of Human Services Medical Director shall, taking into account public safety and the least restrictive conditions applicable, provide adequate care and individualized treatment at the forensic facility to persons ordered committed pursuant to this section. In order that the Medical Director may adequately determine the nature of the person’s condition and needs, all persons committed pursuant to this section shall be promptly examined by qualified personnel in order to provide a proper evaluation, diagnosis, and treatment plan.
(e)(1)(A)(i) The State’s Attorney shall petition the committing court for review of the person’s commitment:
(I) six months after the date that the person is committed pursuant to subdivision (b)(4)(A) of this section;
(II) three years after a commitment order issued following a review under subdivision (I) of this subdivision (i);
(III) every fifth year after a commitment order issued following a review under subdivision (II) of this subdivision (i); and
(IV) at any time upon certification at any time to the Secretary of Human Services by the Agency of Human Services Medical Director that the person no longer has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person.
(ii) The Secretary of Human Services shall provide all reports required under this section to the State’s Attorney, who shall file them with the petition.
(B)(i) A person committed pursuant to subdivision (b)(4)(A) of this section may petition the committing court for release on the grounds that the person no longer has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person.
(ii) A petition shall not be filed pursuant to this subdivision (B):
(I) until at least 90 days after the issuance of the commitment order pursuant to subdivision (b)(4)(A) of this section; and
(II) more frequently than once during each applicable period set forth in subdivision (A)(i) of this subdivision (e)(1).
(2) If the State’s Attorney establishes by clear and convincing evidence that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person, the court shall deny the petition and order the person committed to the forensic facility for continued treatment pursuant to this section.
(3) If the State’s Attorney does not establish by clear and convincing evidence that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person, the court shall:
(A) order the release of the person under a prescribed regimen of medical, psychiatric, or psychological care or treatment, including supervision and housing, that the Agency of Human Services Medical Director has certified as appropriate; and
(B) order, as an explicit condition of supervision, that the person comply with the prescribed regimen of evidence-informed medical, psychiatric, or psychological care or treatment, including supervision and housing, together with any other conditions appropriate to protect the public.
(f) As appropriate for the needs of the person, the Agency of Human Services Medical Director, in consultation with the Commissioner of Mental Health; of Health; or of Disabilities, Aging, and Independent Living, shall actively monitor compliance with orders issued pursuant to subdivision (e)(2) of this section. Upon request from the Agency of Human Services Medical Director, the court shall immediately order the return of the person to the forensic facility if the Medical Director determines that the person is noncompliant with the order and that the noncompliance may create a risk of bodily injury to another person. The Agency of Human Services Medical Director shall notify the court where the person was committed upon return of the person to the forensic facility. Upon readmission, the court shall hold a hearing at which the State’s Attorney shall have the burden of establishing by clear and convincing evidence that the person was noncompliant with the court’s order for conditional release and that the noncompliance creates a risk of bodily injury to another person.
(g)(1) The State’s Attorney shall provide the victim with prior notice of any hearing held pursuant to this section. The court may continue the hearing if the victim has not been provided with the notice required by this subdivision.
(2) At any hearing under this section, the court shall ask if the victim is present and, if so, shall offer the victim the opportunity to be heard. The court may consider any views offered at the hearing by the victim, including the victim’s views concerning the offense and preferences for the person’s placement and care. If the victim is not present at the hearing, the court shall ask whether the victim has expressed oral or written views concerning the offense and preferences for the person’s placement and care, and, if so, the court may consider those views. (Added 2025, No. 147 (Adj. Sess.), § 10, eff. July 1, 2026.)
§ 4819a. Forensic facility placement for persons not guilty by reason of insanity for certain crimes [Effective July 1, 2029; see also § 4819a effective until July 1, 2029, set out above]
(a)(1) A person who is charged with an offense punishable by a life sentence and is found not guilty only by reason of insanity at the time of the offense charged shall be committed to a forensic facility pursuant to this section. This section shall not be construed to prohibit the temporary transfer of a person requiring inpatient treatment through an order of hospitalization pursuant to 18 V.S.A. § 7619 or section 4822 of this title.
(2) The committing court shall retain jurisdiction over the person for all proceedings under this section.
(b)(1) A hearing shall be held by the court where the person was tried within 60 days following admission to the forensic facility, unless that period is extended by the court.
(2) Prior to the date of the hearing, the court shall order that a forensic risk assessment of the person be conducted that includes:
(A) the person’s history and present dangerousness;
(B) a description of any tests that were employed and the results of the tests;
(C) the examiner’s findings;
(D) the examiner’s opinion as to whether the person’s release would create a substantial risk of bodily injury to another person; and
(E) recommendations for evidence-based treatment and supervision that would support the individual’s success and mitigate risk of aggression and violence.
(3) The results of all evaluations shall be supplied to the court and the parties to the underlying criminal action.
(4)(A) At the hearing, the court shall order the person committed to the forensic facility if the State’s Attorney establishes by clear and convincing evidence that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person.
(B) If the State’s Attorney does not establish by clear and convincing evidence that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person, the court shall enter an order releasing the person pursuant to subdivisions (e)(3)(A) and (B) of this section.
(C) Notwithstanding any other provision of law or rule, witnesses at the hearing shall be permitted to provide testimony remotely.
(c) A person committed to the forensic facility pursuant to this section shall not be released until the court finds pursuant to subsection (e) of this section that the person no longer has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person.
(d) The Agency of Human Services Medical Director shall, taking into account public safety and the least restrictive conditions applicable, provide adequate care and individualized treatment at the forensic facility to persons ordered committed pursuant to this section. In order that the Medical Director may adequately determine the nature of the person’s condition and needs, all persons committed pursuant to this section shall be promptly examined by qualified personnel in order to provide a proper evaluation, diagnosis, and treatment plan.
(e)(1)(A)(i) The State’s Attorney shall petition the committing court for review of the person’s commitment:
(I) six months after the date that the person is committed pursuant to subdivision (b)(4)(A) of this section;
(II) three years after a commitment order issued following a review under subdivision (I) of this subdivision (i);
(III) every fifth year after a commitment order issued following a review under subdivision (II) of this subdivision (i); and
(IV) at any time upon certification at any time to the Secretary of Human Services by the Agency of Human Services Medical Director that the person no longer has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person.
(ii) The Secretary of Human Services shall provide all reports required under this section to the State’s Attorney, who shall file them with the petition.
(B)(i) A person committed pursuant to subdivision (b)(4)(A) of this section may petition the committing court for release on the grounds that the person no longer has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person.
(ii) A petition shall not be filed pursuant to this subdivision (B):
(I) until at least 90 days after the issuance of the commitment order pursuant to subdivision (b)(4)(A) of this section; and
(II) more frequently than once during each applicable period set forth in subdivision (A)(i) of this subdivision (e)(1).
(2) If the State’s Attorney establishes by clear and convincing evidence that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person, the court shall deny the petition and order the person committed to the forensic facility for continued treatment pursuant to this section.
(3) If the State’s Attorney does not establish by clear and convincing evidence that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person, the court shall:
(A) order the release of the person under a prescribed regimen of medical, psychiatric, or psychological care or treatment, including supervision and housing, that the Agency of Human Services Medical Director has certified as appropriate; and
(B) order, as an explicit condition of supervision, that the person comply with the prescribed regimen of evidence-informed medical, psychiatric, or psychological care or treatment, including supervision and housing, together with any other conditions appropriate to protect the public.
(f) As appropriate for the needs of the person, the Commissioner of Mental Health; of Health; or of Disabilities, Aging, and Independent Living shall actively monitor compliance with orders issued pursuant to subdivision (e)(2) of this section. Upon request from the commissioner monitoring the person, the court shall immediately order the return of the person to the forensic facility if the Agency of Human Services Medical Director determines that the person is noncompliant with the order and that the noncompliance may create a risk of bodily injury to another person. The commissioner monitoring the person shall notify the court where the person was committed upon return of the person to the forensic facility. Upon readmission, the court shall hold a hearing at which the State’s Attorney shall have the burden of establishing by clear and convincing evidence that the person was noncompliant with the court’s order for conditional release and that the noncompliance creates a risk of bodily injury to another person.
(g)(1) The State’s Attorney shall provide the victim with prior notice of any hearing held pursuant to this section. The court may continue the hearing if the victim has not been provided with the notice required by this subdivision.
(2) At any hearing under this section, the court shall ask if the victim is present and, if so, shall offer the victim the opportunity to be heard. The court may consider any views offered at the hearing by the victim, including the victim’s views concerning the offense and preferences for the person’s placement and care. If the victim is not present at the hearing, the court shall ask whether the victim has expressed oral or written views concerning the offense and preferences for the person’s placement and care, and, if so, the court may consider those views. (Added 2025, No. 147 (Adj. Sess.), § 4, eff. July 1, 2029.)
§ 4820. Hearing regarding commitment
(a) When a person charged on information, complaint, or indictment with a criminal offense:
(1) [Repealed.]
(2) is found upon hearing pursuant to section 4817 of this title to be incompetent to stand trial due to a mental disease or mental defect;
(3) is not indicted upon hearing by grand jury by reason of insanity at the time of the alleged offense, duly certified to the court; or
(4) upon trial by court or jury is acquitted by reason of insanity at the time of the alleged offense; the court before which such person is tried or is to be tried for such offense, shall hold a hearing for the purpose of determining whether such person should be committed to the custody of the Commissioner of Mental Health or Commissioner of Disabilities, Aging, and Independent Living, as appropriate. Such person may be confined in jail or some other suitable place by order of the court pending hearing for a period not exceeding 21 days.
(b) When a person is found to be incompetent to stand trial, has not been indicted by reason of insanity for the alleged offense, or has been acquitted by reason of insanity at the time of the alleged offense, the person shall be entitled to have counsel appointed from Vermont Legal Aid to represent the person. The Department of Mental Health and, if applicable, the Department of Disabilities, Aging, and Independent Living shall be entitled to appear and call witnesses at the proceeding.
(c) Notwithstanding any other provision of law, a commitment order issued pursuant to this chapter shall not modify or vacate orders concerning conditions of release or bail issued pursuant to chapter 229 of this title, and the commitment order shall remain in place unless expressly modified, provided that inpatient treatment shall be permitted if a person who is held without bail is found to be in need of inpatient treatment under this chapter. (Added 1969, No. 20, § 7; amended 1987, No. 248 (Adj. Sess.), § 3; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 21; 2007, No. 15, § 22; 2021, No. 57, § 2; 2023, No. 28, § 6, eff. July 1, 2023; 2023, No. 137 (Adj. Sess.), § 24, eff. July 1, 2024.)
§ 4821. Notice of hearing; procedures
The person who is the subject of the proceedings, his or her attorney, the legal guardian, if any, the Commissioner of Mental Health or the Commissioner of Disabilities, Aging, and Independent Living, and the State’s Attorney or other prosecuting officer representing the State in the case shall be given notice of the time and place of a hearing under 4820 of this title. Procedures for hearings for persons with a mental illness shall be as provided in 18 V.S.A. chapter 181. Procedures for hearings for persons with an intellectual disability shall be as provided in 18 V.S.A. chapter 206, subchapter 3. (Added 1969, No. 20, § 8; amended 1987, No. 248 (Adj. Sess.), § 4; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 22; 2007, No. 15, § 22; 2013, No. 96 (Adj. Sess.), § 58.)
§ 4822. Findings and order; persons with a mental illness
(a) If the court finds that the person is a person in need of treatment or a patient in need of further treatment as defined in 18 V.S.A. § 7101, the court shall issue an order of commitment directed to the Commissioner of Mental Health that shall admit the person to the care and custody of the Department of Mental Health for a period of 90 days. In any case involving personal injury or threat of personal injury, the committing court may issue an order requiring a court hearing before a person committed under this section may be discharged from custody.
(b) An order of commitment issued pursuant to this section shall have the same force and effect as an order issued under 18 V.S.A. §§ 7611-7622, and a person committed under this order shall have the same status and the same rights, including the right to receive care and treatment, to be examined and discharged, and to apply for and obtain judicial review of his or her case, as a person ordered committed under 18 V.S.A. §§ 7611-7622.
(c)(1) Notwithstanding the provisions of subsection (b) of this section, at least 10 days prior to the proposed discharge of any person committed under this section, the Commissioner of Mental Health shall give notice of the discharge to the committing court and State’s Attorney of the county where the prosecution originated. In all cases requiring a hearing prior to discharge of a person found incompetent to stand trial under section 4817 of this title, the hearing shall be conducted by the committing court issuing the order under that section. In all other cases, when the committing court orders a hearing under subsection (a) of this section or when, in the discretion of the Commissioner of Mental Health, a hearing should be held prior to the discharge, the hearing shall be held in the Family Division of the Superior Court to determine if the committed person is no longer a person in need of treatment or a patient in need of further treatment as set forth in subsection (a) of this section. Notice of the hearing shall be given to the Commissioner, the State’s Attorney of the county where the prosecution originated, the committed person, and the person’s attorney. Prior to the hearing, the State’s Attorney may enter an appearance in the proceedings and may request examination of the patient by an independent psychiatrist, who may testify at the hearing.
(2)(A) This subdivision (2) shall apply when a person is committed to the care and custody of the Commissioner of Mental Health under this section after having been found:
(i) not guilty by reason of insanity; or
(ii) incompetent to stand trial, provided that the person’s criminal case has not been dismissed.
(B)(i) When a person has been committed under this section, the Commissioner shall provide notice to the State’s Attorney of the county where the prosecution originated or to the Office of the Attorney General if that office prosecuted the case:
(I) at least 10 days prior to discharging the person from:
(aa) the care and custody of the Commissioner; or
(bb) a hospital or a secure residential recovery facility to the community on an order of nonhospitalization pursuant to 18 V.S.A. § 7618;
(II) at least 10 days prior to the expiration of a commitment order issued under this section if the Commissioner does not seek continued treatment; or
(III) any time that the person elopes from the custody of the Commissioner.
(ii) When the State’s Attorney or Attorney General receives notice under subdivision (i) of this subdivision (B), the Office shall provide notice of the action to any victim of the offense for which the person has been charged who has not opted out of receiving notice. A victim receiving notice pursuant to this subdivision (ii) has the right to submit a victim impact statement to the Family Division of the Superior Court in writing or through the State’s Attorney or Attorney General’s office.
(iii) As used in this subdivision (B), “victim” has the same meaning as in section 5301 of this title.
(d) The court may continue the hearing provided in subsection (c) of this section for a period of 15 additional days upon a showing of good cause.
(e) If the court determines that commitment shall no longer be necessary, it shall issue an order discharging the patient from the custody of the Department of Mental Health.
(f) The court shall issue its findings and order not later than 15 days from the date of hearing. (Added 1969, No. 20, § 9; amended 1977, No. 95, § 1, eff. May 5, 1977; 1977, No. 252 (Adj. Sess.), § 38; 1987, No. 248 (Adj. Sess.), § 5; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2009, No. 154, § 238; 2011, No. 79 (Adj. Sess.), § 15a, eff. April 2, 2012; 2013, No. 96 (Adj. Sess.), § 58; 2013, No. 131 (Adj. Sess.), § 107; 2021, No. 57, § 3; 2023, No. 137 (Adj. Sess.), § 2, eff. July 1, 2024.)
§ 4823. Findings and order; persons with an intellectual disability
(a) If the court finds by clear and convincing evidence 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 for up to one year directed to the Commissioner of Disabilities, Aging, and Independent Living for placement in a designated program in the least restrictive environment consistent with the person’s need for custody, care, and habilitation.
(b) Such order of commitment shall have the same force and effect as an order issued under 18 V.S.A. chapter 206, subchapter 3 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. chapter 206, subchapter 3.
(c) [Repealed.] (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; 2023, No. 137 (Adj. Sess.), § 25, eff. July 1, 2024.)
§ 4824. Reporting; National Instant Criminal Background Check System
(a) If the court finds that a person is a person in need of treatment pursuant to section 4822 of this title, the Court Administrator shall within 48 hours report the name of the person subject to the order to the National Instant Criminal Background Check System, established by Section 103 of the Brady Handgun Violence Prevention Act of 1993. The report shall include only information sufficient to identify the person, the reason for the report, and a statement that the report is made in accordance with 18 U.S.C. § 922(g)(4).
(b) A report required by this section shall be submitted notwithstanding 18 V.S.A. § 7103 or any other provision of law.
(c) A report required by this section is confidential and exempt from public inspection and copying under the Public Records Act except as provided in subsection (d) of this section. The report shall not be used for any purpose other than for submission to the National Instant Criminal Background Check System pursuant to this section, where it may be used for any purpose permitted by federal law, including in connection with the issuance of a firearm-related permit or license.
(d) A copy of the report required by this section shall be provided to the person who is the subject of the report. The report shall include written notice to the person who is the subject of the report that the person is not permitted to possess a firearm. (Added 2015, No. 14, § 4, eff. Oct. 1, 2015.)
§ 4825. Persons prohibited by federal law from possessing firearms due to mental illness; petition for relief from disability
(a)(1) A person who is prohibited from possessing firearms by 18 U.S.C. § 922(g)(4) may petition the Family Division of the Superior Court for an order that the person be relieved from the firearms disability imposed by that section. When the petition is filed, the petitioner shall provide notice and a copy of the petition to the State’s Attorney or the Attorney General, who shall be the respondent in the matter. The petition shall be filed in the county where the offense or the adjudication occurred.
(2)(A) The court shall grant a petition filed under this section without hearing if neither the State’s Attorney nor the Attorney General files an objection within six months after receiving notice of the petition. If the court grants the petition pursuant to this subdivision, the court shall make findings and issue an order in accordance with this section.
(B) The court shall grant the petition filed under this section without hearing if the petitioner and the respondent stipulate to the granting of the petition. The respondent shall file the stipulation with the court, and the court shall make findings and issue an order in accordance with this section.
(b) In determining a petition filed under this section, unless the petition is granted pursuant to subdivision (a)(2) of this subsection, the court shall consider:
(1) the circumstances regarding the firearms disabilities imposed on the person by 18 U.S.C. § 922(g)(4);
(2) the petitioner’s record, including his or her mental health and criminal history records; and
(3) the petitioner’s reputation, as demonstrated by character witness statements, testimony, or other character evidence.
(c)(1) The court shall grant a petition filed under this section if it finds that the petitioner has demonstrated by a preponderance of the evidence that the person is no longer a person in need of treatment as defined in 18 V.S.A. § 7101(17).
(2) As the terms are used in this subsection, a finding that the person is no longer a person in need of treatment shall also mean that granting the relief will not be contrary to the public interest.
(d) If a petition filed under this section is granted, the court shall enter an order declaring that the basis under which the person was prohibited from possessing firearms by 18 U.S.C. § 922(g)(4) no longer applies. The court shall inform the Federal Bureau of Investigation, the U.S. Attorney General, and the National Instant Criminal Background Check System of its decision.
(e) If the court denies the petition, the petitioner may appeal the denial to the Vermont Supreme Court. The appeal shall be on the record, and the Supreme Court may review the record de novo.
(f) If the court denies a petition filed under this section, no further petition shall be filed by the person until at least one year after the order of the trial court, or of the Supreme Court if an appeal is taken, becomes final.
(g) At the time a petition is filed pursuant to this section, the respondent shall give notice of the petition to a victim of the offense, if any, who is known to the respondent. The victim shall have the right to offer the respondent a statement prior to any stipulation or to offer the court a statement. The disposition of the petition shall not be unnecessarily delayed pending receipt of a victim’s statement. The respondent’s inability to locate a victim after a reasonable effort has been made shall not be a bar to granting a petition.
(h) As used in this section, “reasonable effort” means attempting to contact the victim by first-class mail at the victim’s last known address and by telephone at the victim’s last known telephone number. (Added 2015, No. 14, § 7, eff. Oct. 1, 2015.)
§ 4826. Forensic facility; definitions [Repealed effective July 1, 2029; see also § 4826 effective July 1, 2029, set out below]
(a)(1) As used in this chapter:
(A) “Competency can be restored” means a substantial probability that in the foreseeable future the person will attain the capacity to permit the proceedings to go forward.
(B) “Forensic facility” means the interim forensic and competency restoration program established by emergency rules adopted pursuant to 2026 Acts and Resolves No. 147, Sec. 12, which shall be a locked secure facility where:
(i) the Agency of Human Services provides for the secure competency restoration, evaluation, stabilization, treatment, and care of persons with a qualifying condition who are involved in the legal system and who do not require a hospitalization level of care; and
(ii) a person is transferred pursuant to subsections 4815a(a) and 4819a(a) of this title.
(C) “Qualifying condition” means any condition whether mental, congenital, or traumatic, however acquired or developed, or any other circumstance that resulted in the person being determined:
(i) incompetent to stand trial; or
(ii) not guilty by reason of insanity.
(2) The evaluations required by this chapter may be conducted pursuant to contracts entered into between the Commissioner of Buildings and General Services and evaluation providers.
(3) Prior to any hearing under section 4815a or 4819a of this title, the person shall be required, at the request of a party, to permit an expert assessment of the person’s competency, forensic risk, or restorability to competency.
(b) The Secretary of Human Services shall establish and operate a locked secure forensic facility for the competency restoration, evaluation, stabilization, treatment, and care of persons who have been transferred pursuant to subsections 4815a(a) and 4819a(a) of this title. The forensic facility’s clinical, forensic, and competency restoration services shall be overseen by the Agency of Human Services Medical Director. The forensic facility shall:
(1) be designed and operated in a manner that supports therapeutic, recovery-oriented, and trauma-informed programming while maintaining appropriate levels of safety and security;
(2) not refuse any persons it is ordered to admit and shall not require any clinical or diagnostic prerequisites for admission;
(3) provide for the safe competency restoration, evaluation, treatment, stabilization, and care of persons, including the ability to separate the population by sex or gender and to otherwise address clinical, safety, or operational considerations as appropriate, including the possible operation of multiple facilities;
(4) follow the direction of the Agency of Human Services Medical Director, who shall oversee all forensic, clinical, and competency restoration services provided to transferred persons;
(5) implement staff qualifications, licensure, training, and supervision requirements that are sufficient to ensure that persons transferred to the forensic facility have access to clinically appropriate care, treatment, services, and supports consistent with individual needs and with applicable professional standards;
(6) ensure that a registered nurse licensed pursuant to 26 V.S.A. chapter 28 or a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 is available to provide care to transferred persons as clinically necessary;
(7) ensure that persons receive clinically appropriate assessment and treatment planning and competency restoration plans, as appropriate, including the development of an initial person-specific treatment plan within 72 hours following transfer, which shall be reviewed periodically as clinically indicated;
(8) ensure that clinical services and programming include psychiatric care, management of medications, education about court procedures, habilitation, and trauma-informed care, as appropriate;
(9) continue to provide evaluation, treatment, stabilization, and care of a resident who has regained competency while the resident awaits and participates in the resident’s trial;
(10) provide residents with interpreters, as appropriate;
(11) implement grievance and appeals procedures; and
(12) implement a process for reporting instances of death or serious bodily injury to residents of the forensic facility to the Agency of Human Services Medical Director.
(c) Any records related to a person placed at the forensic facility shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that:
(1) the records shall be made available to the parties in the underlying criminal case upon request; and
(2) the person’s health care providers may, with the person’s permission, view forensic facility records of the person’s psychiatric assessments at the facility, including assessments of the person’s competency to stand trial and criminal responsibility.
(d) Persons shall be admitted to and maintained at the forensic facility pursuant to sections 4815a and 4819a of this title and in proceedings under those sections shall be entitled to have counsel appointed from Vermont Legal Aid to represent them.
(e) The Secretary of Human Services shall regularly consult with the Agency of Human Services Medical Director and the Commissioners of Corrections; of Mental Health; of Health; and of Disabilities, Aging, and Independent Living when performing the duties required by this chapter for operating the forensic facility.
(f) The Agency of Human Services Medical Director and an evaluator submitting a report pursuant to sections 4815a and 4819a of this title shall testify at any hearing under those sections if requested by the court or a party. (Added 2025, No. 147 (Adj. Sess.), § 11, eff. July 1, 2026.)
§ 4826. Forensic facility; definitions [Effective July 1, 2029; see also § 4826 effective until July 1, 2029, set out above]
(a)(1) As used in this chapter:
(A) “Competency can be restored” means a substantial probability that in the foreseeable future the person will attain the capacity to permit the proceedings to go forward.
(B) “Forensic facility” means a locked secure facility that provides a suitable clinical setting and is licensed as a therapeutic community residence as defined in 33 V.S.A. § 7102(11) where:
(i) the Agency of Human Services provides for the secure competency restoration, evaluation, stabilization, treatment, and care of persons with a qualifying condition who are involved in the legal system and who do not require a hospitalization level of care; and
(ii) a person is transferred pursuant to subsections 4815a(a) and 4819a(a) of this title.
(C) “Qualifying condition” means any condition whether mental, congenital, or traumatic, however acquired or developed, or any other circumstance that resulted in the person being determined:
(i) incompetent to stand trial; or
(ii) not guilty by reason of insanity.
(2) The evaluations required by this chapter may be conducted pursuant to contracts entered into between the Commissioner of Buildings and General Services and evaluation providers.
(3) Prior to any hearing under section 4815a or 4819a of this title, the person shall be required, at the request of a party, to permit an expert assessment of the person’s competency, forensic risk, or restorability to competency.
(b) The Secretary of Human Services shall establish and operate a locked secure forensic facility for the competency restoration, evaluation, stabilization, treatment, and care of persons who have been transferred pursuant to subsections 4815a(a) and 4819a(a) of this title. The forensic facility’s clinical, forensic, and competency restoration services shall be overseen by the Agency of Human Services Medical Director. The Department of Corrections shall not play a role in the forensic facility’s operation, the provision of services, or internal security, except to provide security services for the facility at the admitting area and around the outside perimeter if the facility is colocated on the grounds of a correctional facility. The forensic facility shall:
(1) be designed and operated in a manner that supports therapeutic, recovery-oriented, and trauma-informed programming in a therapeutic community residence, while maintaining appropriate levels of safety and security;
(2) not refuse any persons it is ordered to admit and shall not require any clinical or diagnostic prerequisites for admission;
(3) provide for the safe competency restoration, evaluation, treatment, stabilization, and care of persons, including the ability to separate the population by sex or gender and to otherwise address clinical, safety, or operational considerations as appropriate, including the possible operation of multiple facilities;
(4) follow the direction of the Agency of Human Services Medical Director, who shall oversee all forensic, clinical, and competency restoration services provided to transferred persons;
(5) implement staff qualifications, licensure, training, and supervision requirements that are sufficient to ensure that persons transferred to the forensic facility have access to clinically appropriate care, treatment, services, and supports consistent with individual needs and with applicable professional standards;
(6) ensure that a registered nurse licensed pursuant to 26 V.S.A. chapter 28 or a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 is available to provide care to transferred persons as clinically necessary;
(7) ensure that persons receive clinically appropriate assessment and treatment planning and competency restoration plans, as appropriate, including the development of an initial person-specific treatment plan within 72 hours following transfer, which shall be reviewed periodically as clinically indicated;
(8) ensure that clinical services and programming include psychiatric care, management of medications, education about court procedures, habilitation, and trauma-informed care, as appropriate;
(9) continue to provide evaluation, treatment, stabilization, and care of a resident who has regained competency while the resident awaits and participates in the resident’s trial;
(10) provide residents with interpreters, as appropriate;
(11) implement grievance and appeals procedures; and
(12) implement a process for reporting instances of death or serious bodily injury to residents of the forensic facility to the Agency of Human Services Medical Director.
(c) Any records related to a person placed at the forensic facility shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that:
(1) the records shall be made available to the parties in the underlying criminal case upon request; and
(2) the person’s health care providers may, with the person’s permission, view forensic facility records of the person’s psychiatric assessments at the facility, including assessments of the person’s competency to stand trial and criminal responsibility.
(d) Persons shall be admitted to and maintained at the forensic facility pursuant to sections 4815a and 4819a of this title and in proceedings under those sections shall be entitled to have counsel appointed from Vermont Legal Aid to represent them.
(e) The Secretary of Human Services shall regularly consult with the Commissioners of Corrections; of Mental Health; of Health; and of Disabilities, Aging, and Independent Living when performing the duties required by this chapter for operating the forensic facility.
(f) The Agency of Human Services Medical Director and an evaluator submitting a report pursuant to sections 4815a and 4819a of this title shall testify at any hearing under those sections if requested by the court or a party.
(g) The Secretary of Human Services shall adopt rules pursuant to 3 V.S.A. chapter 25 to implement this section. (Added 2025, No. 147 (Adj. Sess.), § 5, eff. July 1, 2029.)