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: 18 V.S.A. § 7801)
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§ 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.)