The Vermont Statutes Online
The Statutes below include the actions of the 2025 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.
§ 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.