The Vermont Statutes Online

Title 18: Health

Chapter 185: Automatic Review

• § 7801. Application for discharge

  (a) A patient who has been ordered hospitalized may apply for discharge to the Criminal Division of the Superior Court within which the hospital is located. A patient who has been ordered to receive treatment other than hospitalization may apply for discharge to the Criminal Division of the Superior Court that originally entered the order; the court in its discretion may transfer the matter, for the convenience of witnesses or for other reasons, to the Criminal Division of the Superior Court within which the treatment is centered or in which the patient resides. Applications may be made no sooner than 90 days after the issuance of an order of continued treatment or no sooner than six months after the filing of a previous application under this section.

  (b) The hearing on the application for discharge shall be held in accordance with the procedures set forth in sections 7613, 7614, 7615, and 7616 of this title.

  (c) If the court finds that the applicant is not a patient in need of further treatment, it shall order the patient discharged.

  (d) If the court finds that the applicant is a patient in need of further treatment, it shall deny the application and order continued treatment for an indeterminate period in accordance with subsections 7621(b), (c), and (d) of this title. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 12; 2009, No. 154 (Adj. Sess.), § 238.)

• § 7802. Administrative review

  The head of the hospital and the Board shall cause the condition of every patient to be reviewed as regularly as practicable, but not less often than every six months, and whenever the head of a hospital or the Board certifies that the patient is not a patient in need of further treatment, the patient shall be discharged. If requested by the patient, all hearings by the Board on the issue of granting a discharge shall be on reasonable notice to the patient’s attorney, who shall be afforded an opportunity to attend. In the absence of any attorney, the Board shall notify the Criminal Division of the Superior Court and an attorney shall be appointed as provided in section 7111 of this title. (Added 1967, No. 305 (Adj. Sess.), § 1, eff. Oct. 1, 1968; amended 1977, No. 252 (Adj. Sess.), § 13; 2009, No. 154 (Adj. Sess.), § 238.)

• § 7803. Repealed. 1977, No. 252 (Adj. Sess.), § 36.