The Vermont Statutes Online

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

• § 8847. Discharge from commitment

  (a) A person committed under 13 V.S.A. § 4823 or this subchapter may be discharged as follows:

  (1) by a Family Division Superior Court judge after review of an order of custody, care, and habilitation or an order of continued custody, care, and habilitation if the court finds that a person is not a person in need of custody, care, and habilitation or continued custody, care, and habilitation, respectively; or

  (2) by administrative order of the Commissioner regarding an order of custody, care, and habilitation or an order of continued custody, care, and habilitation if the Commissioner determines that a person is no longer a person in need of custody, care, and habilitation or continued custody, care, and habilitation, respectively.

  (b) A judicial or administrative order of discharge may be conditional or absolute.

  (c)(1) When a person is under an order of commitment pursuant to 13 V.S.A. § 4823 or continued commitment pursuant to this subchapter, the Commissioner shall provide notice to the State’s Attorney of the county where the prosecution originated or to the Office of the Attorney General if that Office prosecuted the case:

  (A) at least 10 days prior to discharging a person from commitment or continued commitment;

  (B) at least 10 days prior to the expiration of a commitment or continued commitment order if the Commissioner does not seek an order of continued custody, care, and habilitation; or

  (C) any time that the person elopes from custody of the Commissioner and cannot be located, and there is reason to believe the person may be lost or poses a risk of harm to others.

  (2) When the State’s Attorney or Attorney General receives notice under subdivision (1) of this subsection, the Office shall provide notice of the action to any victim of the offense for which the person has been charged who has not opted out of receiving notice. A victim receiving notice pursuant to this subdivision has the right to submit a victim impact statement to the Family Division of the Superior Court in writing or through the State’s Attorney’s or Attorney General’s Office.

  (d) Whenever a person is subject to a judicial or administrative discharge from commitment, the Criminal Division of the Superior Court shall retain jurisdiction over the person’s underlying charge and any orders holding the person without bail or concerning bail, and conditions of release shall remain in place. Those orders shall be placed on hold while a person is in the custody, care, and habilitation or continued custody, care, and habilitation of the Commissioner. When a person is discharged from the Commissioner’s custody, care, and habilitation to a correctional facility, the custody of the Commissioner shall cease when the person enters the correctional facility. (Added 2023, No. 137 (Adj. Sess.), § 26, eff. July 1, 2024.)