{"data":{"id":"us-vt/13-v.s.a.-4815a--2","jurisdiction":"us-vt","citation":"13 V.S.A. § 4815a","heading":"Competency restoration services within forensic facility [Effective July 1, 2029; see also § 4815a effective until July 1, 2029, set out above]","body":"(a) A person shall be placed at the forensic facility established in section 4826 of this title if the person:\n(1) has been charged with an offense punishable by a life sentence;\n(2)(A) has been held without bail pursuant to section 7553 of this title; or\n(B) if the person is not held without bail pursuant to section 7553 of this title, has a qualifying condition and it has been determined that the person’s release would create a substantial risk of bodily injury to another person;\n(3) is not currently:\n(A) receiving treatment through an order of hospitalization pursuant to 18 V.S.A. § 7619 or section 4822 of this title; or\n(B) subject to an order of commitment to the Commissioner of Disabilities, Aging, and Independent Living issued under 18 V.S.A. § 8845 or section 4823 of this title, unless the person is detained in a correctional facility pending trial; and\n(4) has been found not competent to stand trial.\n(b)(1) The forensic facility shall cause the person to be evaluated for competency to stand trial:\n(A) six months from the date of admission, and thereafter every six months from the issuance of an order for continued competency restoration treatment under subdivision (3)(B) of this subsection (b); and\n(B) at any time upon the determination by the Agency of Human Services Medical Director that the person is likely competent to stand trial or that it is unlikely that the person’s competency can be restored.\n(2) The court shall hold a hearing after the competency evaluation, and, prior to the hearing, the results of all evaluations shall be supplied to the court and the parties to the underlying criminal action.\n(3)(A) If the court finds after the hearing that the person is competent to stand trial, the court shall immediately notify the State’s Attorney and the person’s counsel in the criminal case.\n(B) If the court finds after the hearing that the person is not competent to stand trial, the court shall order continued competency restoration treatment at the facility pursuant to this section.\n(4) Notwithstanding any other provision of law or rule, witnesses at hearings held pursuant to this section shall be permitted to provide testimony remotely.\n(c)(1) At the request of a party or the Agency of Human Services Medical Director, the court may order that a competency evaluation conducted pursuant to subsection (b) of this section include an opinion on whether the person’s competency can be restored. If a request is made pursuant to this subsection, the forensic facility shall cause the person to be evaluated for restorability to competence prior to the hearing.\n(2) If the court finds that the person’s competency can be restored, the court shall order continued competency restoration treatment at the facility pursuant to this section.\n(3)(A) If the court finds that the person’s competency cannot be restored, the court shall hold a hearing within 60 days unless that period is extended by the court for good cause.\n(B) Prior to the date of the hearing, the court shall order that a forensic risk assessment of the person be conducted by an evaluator appropriately qualified for the qualifying condition of the person that includes:\n(i) the person’s history and present dangerousness;\n(ii) a description of any tests that were employed and the results of the tests;\n(iii) the examiner’s findings;\n(iv) the examiner’s opinion as to whether the person’s release would create a substantial risk of bodily injury to another person;\n(v) recommendations for evidence-based treatment and supervision, including in a community-based placement, that would support the person’s success and mitigate risk of aggression and violence;\n(vi) the examiner’s opinion as to whether the person is a person in need of custody, care, and habilitation as defined in 18 V.S.A. § 8839; and\n(vii) the examiner’s opinion as to whether the person is competent to stand trial.\n(C) The results of all evaluations shall be supplied to the court and the parties to the underlying criminal action.\n(4)(A) If the State’s Attorney demonstrates by clear and convincing evidence at a hearing held pursuant to subdivision (3)(A) of this subsection (c) or subdivision (B) of this subdivision (4) that the person has a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person, the court shall order continued commitment of the person consistent with the person’s forensic risk assessment. The court shall order treatment of the person, which may include appropriate supervision and supervised housing, including a community-based placement, in the least restrictive setting consistent with the person’s forensic risk assessment and treatment needs.\n(B) If continued commitment is ordered pursuant to subdivision (A) of this subdivision (4), the person’s commitment shall be reviewed by the court:\n(i) every 12 months;\n(ii) at any time upon the determination by the Agency of Human Services Medical Director that the person no longer has a qualifying condition and the person’s release would not create a substantial risk of bodily injury to another person; and\n(iii) upon petition of the person filed at any time after 90 days following an order of continued commitment issued pursuant to subdivision (A) of this subdivision (4), and thereafter not earlier than six months from the issuance of an order for continued commitment under subdivision (A) of this subdivision (4).\n(5)(A) If the State’s Attorney does not demonstrate by clear and convincing evidence at a hearing held pursuant to subdivision (3)(A) or (4)(B) of this subsection (c) that the person has a qualifying condition and the person’s release would create a substantial risk of bodily injury to another person, the court shall:\n(i) order the release of the person under a prescribed regimen of medical, psychiatric, or psychological care or treatment, housing, and supervision by the Commissioner of Mental Health; the Department of Disabilities, Aging, and Independent Living; or the Department of Health that the Agency of Human Services Medical Director has certified as appropriate; and\n(ii) order, as an explicit condition of supervision, that the person comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment, housing, and supervision by the Commissioner of Mental Health; the Department of Disabilities, Aging, and Independent Living; or the Department of Health, together with any other conditions appropriate to protect the public.\n(B) A person’s release pursuant to this subdivision (5) shall be reviewed by the court every 12 months. The person shall be released from the supervision of the Commissioner of Mental Health; the Department of Disabilities, Aging, and Independent Living; or the Department of Health unless the State’s Attorney demonstrates by clear and convincing evidence at the hearing that continued treatment and supervision is necessary to prevent the person from becoming a substantial risk of bodily injury to another person.\n(C)(i) The State’s Attorney shall make a reasonable effort to provide the victim with prior notice of any hearing held pursuant to this subdivision (5). The court may continue the hearing if the victim has not been provided with the notice required by this subdivision (C)(i).\n(ii) At any hearing under this subdivision (5), 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 preferences for the person’s placement and care. 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 preferences for the person’s placement and care, and, if so, the court may consider those views.\n(6)(A) If the court finds that the person’s competency cannot be restored, and finds by clear and convincing evidence that the person is a person in need of custody, care, and habilitation as defined in 18 V.S.A. § 8839, the court shall issue an order of commitment for up to one year directed to the Commissioner of Disabilities, Aging, and Independent Living for placement in a designated program in the least restrictive environment consistent with the person’s need for custody, care, and habilitation. The order of commitment shall have the same force and effect as an order issued under 18 V.S.A. chapter 206, subchapter 3 and persons committed under the order shall have the same status, and the same rights, including the right to receive care and habilitation, to be examined and discharged, and to apply for and obtain judicial review of their cases, as persons ordered committed under 18 V.S.A. chapter 206, subchapter 3.\n(B)(i) The Commissioner shall provide appropriate custody, care, and habilitation in a designated program to a person committed under subdivision (A) of this subdivision (6).\n(ii) The court may order continued treatment at the forensic facility for a period not to exceed one year if the court finds that the Commissioner is not currently able to provide appropriate custody, care, and habilitation in a designated program. For good cause shown, the court may extend the one-year period by an additional period not to exceed six months.\n(C)(i) The court shall review an order of continued treatment issued pursuant to subdivision (B)(ii) of this subdivision (6) every 90 days.\n(ii) If the court finds at the review that appropriate custody, care, and habilitation can be provided to the person in a designated program, the court shall vacate the order for continued treatment and order the person committed to the custody of the Commissioner pursuant to subdivision (A) of this subdivision (6).\n(iii) If the court finds at the review that appropriate custody, care, and habilitation cannot be provided to the person in a designated program, the court shall order continued treatment at the forensic facility pursuant to subdivision (B)(ii) of this subdivision (6).\n(D) The Commissioner may at any time certify to the court that appropriate custody, care, and habilitation can be provided to the person in a designated program, and after such a certification the court shall vacate the order for continued treatment and order the person committed to the custody of the Commissioner pursuant to subdivision (A) of this subdivision (6).\n(E) As used in this subdivision (6), “Commissioner” means the Commissioner of Disabilities, Aging, and Independent Living.\n(d) Except as provided in subdivisions (c)(4)(A), (c)(5), and (c)(6)(A) of this section, the person shall remain at the forensic facility until the person is restored to competency or until there is a final disposition of the charges against the person.\n(e) The person shall receive competency restoration services while at the forensic facility according to a plan approved by the Agency of Human Services Medical Director. Such services shall include any appropriate combination of medication, education, accommodations, habilitation, or other services identified as necessary or proper to achieve and maintain competency to stand trial. The person’s refusal to receive competency restoration services shall not be grounds for release or dismissal from the forensic facility.\n(f) Competency restoration services shall be provided to the person at the forensic facility, or at another location as part of a discharge plan, until the person is restored to competency or until there is a final disposition of the charges against the person.\n(g)(1) As appropriate for the needs of the person, the Commissioner of Mental Health; of Health; or of Disabilities, Aging, and Independent Living shall actively monitor compliance with orders issued pursuant to subdivision (c)(5) of this section. Upon request from the commissioner monitoring the person, the court shall immediately order the return of a person to the forensic facility if:\n(A) the person was released from the facility pursuant to subdivision (c)(5) of this section; and\n(B) the Agency of Human Services Medical Director has reason to believe that the person continues to have a qualifying condition and that the person’s continued release would create a substantial risk of bodily injury to another person.\n(2) The commissioner monitoring the person shall notify the court where the person was committed upon return of the person to the forensic facility. Upon readmission, the court shall hold a hearing at which the State’s Attorney shall have the burden of establishing by clear and convincing evidence that the person has a qualifying condition and that the person’s continued release would create a substantial risk of bodily injury to another person. If the State’s Attorney meets its burden, the court shall order the person readmitted to the forensic facility for treatment pursuant to this section. If the State’s Attorney does not meet its burden, the court shall order the person restored to the status the person had when the person was returned to the facility.\n(h) The Agency of Human Services Medical Director shall receive prior approval of the Criminal Division of the Superior Court where the person’s underlying criminal charge is pending for any competency restoration plan involving involuntary medication. The court shall not approve involuntary medication unless the State’s Attorney establishes by clear and convincing evidence that:\n(1) the involuntary medication is medically appropriate;\n(2) the involuntary medication serves the important governmental interests of bringing to trial an individual accused of a serious crime and ensuring a fair, timely prosecution;\n(3) the involuntary medication significantly furthers these important governmental interests by making it substantially likely to render the defendant competent to stand trial; and\n(4) any alternative, less intrusive treatments are unlikely to achieve the same results.\n(i) When an evaluation is required of the person’s competency or restorability under this section, the defense shall be entitled to conduct an independent evaluation and introduce the results at the hearing.","path":["Title 13: Crimes and Criminal Procedure","Chapter 157: Insanity as a Defense"],"source_url":"https://legislature.vermont.gov/statutes/section/13/157/04815a","current_through":"2026 session","vintage":"","retrieved_at":"2026-10-25T08:55:56Z","sha256":"5d62e72ab172e35551d2348c85900edf558f1cd62197148ee26f9864fa7646b4","source_id":"us-vt","stale":false,"prev":"us-vt/13-v.s.a.-4815a","next":"us-vt/13-v.s.a.-4816"},"notice":"GroundRules: Original legal text. Not legal advice."}