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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 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.

Title 18 : Health

Chapter 206 : Care for Persons with Intellectual Disabilities

Subchapter 003 : Judicial Proceeding; Persons with an Intellectual Disability Who Present a Danger of Harm to Others

(Cite as: 18 V.S.A. § 8839)
  • § 8839. Definitions

    As used in this subchapter:

    (1) “Danger of harm to others” means the person has inflicted or attempted to inflict serious bodily injury to another or has committed an act that would constitute a sexual assault or lewd or lascivious conduct with a child.

    (2) “Designated program” means a program designated by the Commissioner as adequate to provide in an individual manner appropriate custody, care, and habilitation to persons with intellectual disabilities receiving services under this subchapter.

    (3) “Person in need of custody, care, and habilitation” means:

    (A) a person with an intellectual disability, which means significantly subaverage intellectual functioning existing concurrently with deficits in adaptive behavior that were manifest before 18 years of age;

    (B) who presents a danger of harm to others; and

    (C) for whom appropriate custody, care, and habilitation can be provided by the Commissioner in a designated program. (Added 1987, No. 248 (Adj. Sess.), § 9; amended 2013, No. 96 (Adj. Sess.), § 114; 2013, No. 158 (Adj. Sess.), § 11, eff. July 1, 2017; 2015, No. 23, § 66; 2015, No. 97 (Adj. Sess.), § 51; 2017, No. 113 (Adj. Sess.), § 103.)