Bill > S0193

This bill establishes a new forensic facility within the Department of Corrections for individuals involved in the criminal justice system who have been found incompetent to stand trial or not guilty by reason of insanity, and who pose a substantial risk to others. The facility will provide secure evaluation, treatment, and care, emphasizing a therapeutic and recovery-oriented environment. The bill also outlines procedures for competency restoration services, including evaluations, treatment plans, and the potential for involuntary medication under strict court approval. It introduces a provision for dismissing misdemeanor charges if a person found incompetent to stand trial remains inactive in the system for a period equal to or longer than the maximum sentence for the offense, unless doing so would be contrary to justice. Furthermore, the bill limits the applicability of certain Vermont Rules of Evidence in proceedings related to competency restoration and conditional release from the forensic facility, meaning standard rules of evidence may not apply in these specific legal contexts. The bill also mandates annual reporting on the facility's operations and requires the Commissioner of Corrections to consult with other state departments to develop and implement rules for the facility's operation.

Budget and Finance, Justice

https://legislature.vermont.gov/bill/status/2026/S.193