The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 157 : Insanity as a Defense

• § 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.)