Vermont H 544: An act relating to leveling Vermont Route 22A

Bill Text

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VT LEG #385442 v.1
H.544 1
Introduced by Representatives Rachelson of Burlington and Arsenault of 2
Williston 3
Referred to Committee on 4
Date: 5
Subject: Criminal procedures; health; competency to stand trial; discharge 6
from commitment 7
Statement of purpose of bill as introduced: This bill proposes to permit a 8
crime victim to request a court hearing before a person is discharged from 9
commitment after having been found incompetent to stand trial for a criminal 10
offense. 11
An act relating to crime victim’s rights in competency discharge 12
proceedings 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. 13 V.S.A. § 4822 is amended to read: 15
§ 4822. FINDINGS AND ORDER; PERSONS WITH A MENTAL ILLNESS 16
* * * 17
(c)(1) Notwithstanding the provisions of subsection (b) of this section, at 18
least 10 days prior to the proposed discharge of any person committed under 19
this section, the Commissioner of Mental Health shall give notice of the 20

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VT LEG #385442 v.1
discharge to the committing court and State’s Attorney of the county where the 1
prosecution originated. In all cases requiring a hearing prior to discharge of a 2
person found incompetent to stand trial under section 4817 of this title, the 3
hearing shall be conducted by the committing court issuing the order under that 4
section. In all other cases, when the committing court orders a hearing under 5
subsection (a) of this section or when, in the discretion of the Commissioner of 6
Mental Health, a hearing should be held prior to the discharge, the hearing 7
shall be held in the Family Division of the Superior Court to determine if the 8
committed person is no longer a person in need of treatment or a patient in 9
need of further treatment as set forth in subsection (a) of this section. Notice 10
of the hearing shall be given to the Commissioner, the State’s Attorney of the 11
county where the prosecution originated, the committed person, and the 12
person’s attorney. Prior to the hearing, the State’s Attorney may enter an 13
appearance in the proceedings and may request examination of the patient by 14
an independent psychiatrist, who may testify at the hearing. 15
(2)(A) This subdivision (2) shall apply when a person is committed to 16
the care and custody of the Commissioner of Mental Health under this section 17
after having been found: 18
(i) not guilty by reason of insanity; or 19
(ii) incompetent to stand trial, provided that the person’s criminal 20
case has not been dismissed. 21

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(B)(i) When a person has been committed under this section, the 1
Commissioner shall provide notice to the State’s Attorney of the county where 2
the prosecution originated or to the Office of the Attorney General if that office 3
prosecuted the case: 4
(I) at least 10 days prior to discharging the person from: 5
(aa) the care and custody of the Commissioner; or 6
(bb) a hospital or a secure residential recovery facility to the 7
community on an order of nonhospitalization pursuant to 18 V.S.A. § 7618; 8
(II) at least 10 days prior to the expiration of a commitment 9
order issued under this section if the Commissioner does not seek continued 10
treatment; or 11
(III) any time that the person elopes from the custody of the 12
Commissioner. 13
(ii) When the State’s Attorney or Attorney General receives notice 14
under subdivision (i) of this subdivision (B), the Office shall provide notice of 15
the action to any victim of the offense for which the person has been charged 16
who has not opted out of receiving notice. A victim receiving notice pursuant 17
to this subdivision (ii) has the right to submit a victim impact statement to the 18
Family Division of the Superior Court in writing or through the State’s 19
Attorney or Attorney General’s office. 20

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(iii) During the period in which the Commissioner gives notice of 1
the pending discharge pursuant to subdivision (i) of this subdivision (B) and 2
the anticipated date of discharge, which shall not be less than 10 days, the 3
State’s Attorney or the Office of the Attorney General if that office prosecuted 4
the case, or the victim, may request a hearing in the Family Division of the 5
Superior Court on whether the person’s pending discharge is appropriate, 6
which shall be held within 10 days after the request. The pending discharge 7
shall be stayed until the hearing has concluded and any subsequent orders are 8
issued, but in no event shall a subsequent order be issued more than five days 9
after the hearing. 10
(iv) As used in this subdivision (B), “victim” has the same 11
meaning as in section 5301 of this title. 12
(d) The court may continue the hearing provided in subsection (c) of this 13
section for a period of 15 additional days upon a showing of good cause. 14