The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 157 : Insanity as a Defense

• § 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.)