Vermont H 627: An act relating to establishing a maximum speed limit of 55 miles per hour on Interstates 89 and 91

Bill Text

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VT LEG #386258 v.1
H.627 1
Introduced by Representatives Rachelson of Burlington and Arsenault of 2
Williston 3
Referred to Committee on 4
Date: 5
Subject: Criminal procedures; proceedings in forensic cases; rights of victim 6
Statement of purpose of bill as introduced: This bill proposes to expand the 7
rights of crime victims in forensic proceedings involving a criminal 8
defendant’s sanity or competency to stand trial. 9
An act relating to crime victims’ rights in forensic cases 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 13 V.S.A. § 4821 is amended to read: 12
§ 4821. NOTICE OF HEARING; PROCEDURES 13
(a) The person who is the subject of the proceedings, his or her the person’s 14
attorney, the legal guardian, if any, the Commissioner of Mental Health or the 15
Commissioner of Disabilities, Aging, and Independent Living, and the State’s 16
Attorney or other prosecuting officer representing the State in the case shall be 17
given notice of the time and place of a hearing under 4820 of this title. The 18
notice shall be provided by the State’s Attorney or other prosecuting officer 19
representing the State in the case to any victim of the offense for which the 20

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person has been charged who has not opted out of receiving the notice. 1
Procedures for hearings for persons with a mental illness shall be as provided 2
in 18 V.S.A. chapter 181. Procedures for hearings for persons with an 3
intellectual disability shall be as provided in 18 V.S.A. chapter 206, subchapter 4
3. 5
(b) The court shall maintain a system for a person to file notice that the 6
person is a victim in a proceeding under this chapter. 7
(c) The State’s Attorney or other prosecuting officer representing the State 8
in the case shall ensure that all victims of record are notified of their rights 9
under this chapter and made aware of the option to receive notifications from 10
the court pursuant to this section. 11
(d) As used in this chapter, “victim” has the same meaning as in section 12
5301 of this title. 13
Sec. 2. 13 V.S.A. § 4822 is amended to read: 14
§ 4822. FINDINGS AND ORDER; PERSONS WITH A MENTAL ILLNESS 15
(a) If the court finds that the person is a person in need of treatment or a 16
patient in need of further treatment as defined in 18 V.S.A. § 7101, the court 17
shall issue an order of commitment directed to the Commissioner of Mental 18
Health that shall admit the person to the care and custody of the Department of 19
Mental Health for a period of 90 days. In any case involving personal injury or 20
threat of personal injury, the committing court may issue an order requiring a 21

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court hearing before a person committed under this section may be discharged 1
from custody. 2
* * * 3
(c)(1) Notwithstanding the provisions of subsection (b) of this section, at 4
least 10 30 days prior to the proposed discharge of any person committed 5
under this section, the Commissioner of Mental Health shall give notice of the 6
discharge to the committing court, to any victim of the offense for which the 7
person has been charged who has not opted out of receiving the notice, and to 8
the State’s Attorney of the county where the prosecution originated. In all 9
cases requiring a hearing prior to discharge of a person found incompetent to 10
stand trial under section 4817 of this title, the hearing shall be conducted by the 11
committing court issuing the order under that section. In all other cases, when 12
the committing court orders a hearing under subsection (a) of this section or 13
when, in the discretion of the Commissioner of Mental Health, a hearing 14
should be held prior to the discharge, the hearing shall be held in the Family 15
Division of the Superior Court to determine if the committed person is no 16
longer a person in need of treatment or a patient in need of further treatment as 17
set forth in subsection (a) of this section. Notice of the hearing shall be given 18
to the Commissioner, the State’s Attorney of the county where the prosecution 19
originated, the committed person, and the person’s attorney. The State’s 20
Attorney of the county where the prosecution originated shall provide notice of 21

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the hearing to any victim of the offense for which the person has been charged 1
who has not opted out of receiving the notice. Prior to the hearing, the State’s 2
Attorney may enter an appearance in the proceedings and may request 3
examination of the patient by an independent psychiatrist, who may testify at 4
the hearing. 5
(2)(A) This subdivision (2) shall apply when a person is committed to 6
the care and custody of the Commissioner of Mental Health under this section 7
after having been found: 8
(i) not guilty by reason of insanity; or 9
(ii) incompete