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.
(Cite as: 13 V.S.A. § 4817)
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§ 4817. Competency to stand trial; determination
(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. (Added 1969, No. 20, § 4; amended 2023, No. 28, § 5, eff. July 1, 2023; 2023, No. 137 (Adj. Sess.), § 23, eff. July 1, 2024.)