Bill > H0405

This bill addresses legal procedures for individuals found incompetent to stand trial in Vermont. Currently, when a person is deemed incompetent to be tried for a criminal offense, they cannot be prosecuted until they regain competency. The bill introduces a key provision that if the person does not regain competency before the statute of limitations expires for the original offense, the charges will be automatically dismissed. Additionally, the bill specifies that the statute of limitations will pause (or "toll") when a person is found incompetent and will resume running when they are initially determined to be incompetent. Importantly, if the person later becomes competent, they can still be tried for the offense. The bill clarifies the legal process surrounding competency determinations, ensuring that criminal charges do not remain indefinitely unresolved due to a defendant's ongoing mental incompetence, while also preserving the potential for future prosecution if the defendant's mental state improves. The legislation will take effect immediately upon passage.

Justice

https://legislature.vermont.gov/bill/status/2026/H.405