Vermont S 193: An act relating to establishing a forensic facility for certain criminal justice-involved persons

Bill Text

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No. 147. An act relating to establishing a forensic facility for certain
criminal justice-involved persons.
(S.193)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. LEGISLATIVE INTENT
It is the intent of the General Assembly that the Secretary of Human
Services shall establish and operate a locked secure forensic facility by July 1,
2029, for the competency restoration, evaluation, stabilization, treatment, and
care of persons who have been found not competent to stand trial or not guilty
by reason of insanity for serious criminal offenses. The Department of
Corrections shall not operate or staff the forensic facility, with the exception
that employees of the Department of Corrections may provide security services
for the facility at the admitting area of and around the outside perimeter of a
forensic facility if it is colocated on the grounds of a correctional facility.
Sec. 2. 13 V.S.A. § 4815a is added to read:
§ 4815a. COMPETENCY RESTORATION SERVICES WITHIN
FORENSIC FACILITY
(a) A person shall be placed at the forensic facility established in section
4826 of this title if the person:
(1) has been charged with an offense punishable by a life sentence;
(2)(A) has been held without bail pursuant to section 7553 of this title;
or

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(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;
(3) is not currently:
(A) receiving treatment through an order of hospitalization pursuant
to 18 V.S.A. § 7619 or section 4822 of this title; or
(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
(4) has been found not competent to stand trial.
(b)(1) The forensic facility shall cause the person to be evaluated for
competency to stand trial:
(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
(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.

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(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.
(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.
(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.
(4) Notwithstanding any other provision of law or rule, witnesses at
hearings held pursuant to this section shall be permitted to provide testimony
remotely.
(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.
(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.

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(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.
(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:
(i) the person’s history and present dangerousness;
(ii) a description of any tests that were employed and the results of
the tests;
(iii) the examiner’s findings;
(iv) the examiner’s opinion as to whether the person’s release
would create a substantial risk of bodily injury to another person;
(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;
(vi) the examiner’s opinion as to whether the person is a person in
need of custody, care, and habilitation as defin