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

If the court finds that the person has established the person’s burden under this subdivision, the court may enter an order consistent with subdivision (d)(2) of this section.

BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 5 of 18 (3) Prior to the date of the hearing, the court shall order that a psychiatric or psychological examination of the person be conducted and that a psychiatric or psychological report be filed with the court addressing the person’s history and present symptoms;

a description of the psychiatric, psychological, and medical tests that were employed and their results;

the examiner’s findings;

and the examiner’s opinions as to diagnosis, prognosis;

and whether the person is suffering from a mental disease or defect that, upon the person’s release, would create a substantial risk of bodily injury to another person or serious damage to the property of another person.

(c) A placement of a person at the forensic facility shall be for an indeterminate period and shall not have a specified end date.

The person shall not be released until the person establishes by clear and convincing evidence the person is no longer suffering from a mental disease or defect that, upon the person’s release, would create a substantial risk of bodily injury to another person or serious damage to the property of another person.

(d)(1) The Commissioner of Corrections shall petition the unit of the Criminal Division of the Superior Court in which the acquittal was returned not less frequently than the shorter of every five years or upon certification by the clinical services director that the person is no longer suffering from a mental disease or defect that, upon the person’s release, would create a BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 6 of 18 substantial risk of bodily injury to another person or serious damage to the property of another person.

(2) If the reviewing court finds by clear and convincing evidence that person is no longer suffering from a mental disease or defect that, upon the person’s release, would create a substantial risk of bodily injury to another person or serious damage to the property of another person, the court shall:

(A) order the release of the person under a prescribed regimen of medical, psychiatric, or psychological care or treatment that the forensic facility’s clinical services director has certified as appropriate and that has been found by the court to be appropriate;

and (B) order, as an explicit condition of release, that the person comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment together with any other conditions appropriate to protect the public.

(e) The Commissioner of Corrections shall actively monitor compliance with orders issued under subdivision (d)(2) of this section and shall immediately return the person to the forensic facility if the Commissioner or the Commissioner’s designees determine that the person is noncompliant with the order and that the noncompliance may create a risk of bodily injury to another person or serious damage to the property of another.

The Commissioner shall notify the Criminal Division of the Superior Court in the county where the person was acquitted upon return of the person to the BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 7 of 18 forensic facility.

Upon readmission, the court shall hold a hearing where the Commissioner shall have the burden of establishing by a preponderance of the evidence that the person was noncompliant with the court’s order for conditional release and that the noncompliance creates a risk of bodily injury to another person or serious damage to the property of another.

Sec.

4.

13 V.S.A.

§ 4826 is added to read:

§ 4826.

FORENSIC FACILITY (a) The Commissioner of Corrections shall establish and operate a locked secure forensic facility for the assessment and safe housing of persons who are subject to any stage of proceedings under this chapter or who have been acquitted pursuant to section 4819 of this chapter.

The forensic facility shall not refuse any persons it is ordered to admit, nor shall it require any clinical or diagnostic prerequisites for admission.

All forensic, clinical, and competency restoration services provided at the forensic facility shall be overseen by a clinical services director.

(b) Any records related to a person placed at the forensic facility shall be exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that records shall be made available to the parties in the underlying criminal case upon request.

(c) Persons shall be admitted to and maintained at the forensic facility pursuant to sections 4815a and 4819a of this title.

BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 8 of 18 (d) The Commissioner shall adopt rules pursuant to 3 V.S.A.

chapter 25 to implement this section.

Sec.

5.

RULEMAKING;

FORENSIC FACILITY Pending the adoption of permanent rules pursuant to 3 V.S.A.

chapter 25 to implement the provisions of Secs.

1–4 of this act, the Commissioner of Corrections shall adopt emergency rules pursuant to 3 V.S.A.

§ 844 not later than January 1, 2027, which shall be deemed to meet the emergency rulemaking standard in 3 V.S.A.

§ 844(a).

Sec.

6.

Rule 1101 of the Vermont Rules of Evidence is amended to read:

RULE 1101.

APPLICABILITY OF RULES (a) Rules applicable.

Except as otherwise provided in subdivision (b), these rules apply to all actions and proceedings in the courts of this state.

(b) Rules inapplicable.

The rules other than those with respect to privileges do not apply in the following situations:

* * * (3) Miscellaneous Proceedings.

Proceedings for extradition or rendition;

inquest proceedings;

except as otherwise provided by statute or rule promulgated by the Supreme Court, sentencing or granting or revoking probation;

proceedings concerning competency restoration;

granting or revoking conditional release from a forensic facility;

finding probable cause BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 9 of 18 for arrests without warrant and issuance of citations, warrants for arrest, criminal summonses, and search warrants.

* * * Sec.

7.

EFFECTIVE DATE This act shall take effect on July 1, 2026.

Sec.

1.

13 V.S.A.

§ 4815a is added to read:

§ 4815a.

§§ 7619 7619 or section 4822 of this title;

VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 2 of 16 (i) every six months;

If the court finds by clear and BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 10 of 18 convincing evidence that the person cannot be restored to competency, the court shall order continued commitment of the person, taking into account the least restrictive conditions applicable, unless subdivision (B) of this subdivision (2) applies.

and VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 3 of 16 (ii) order, as an explicit condition of release, that the person comply with the prescribed regimen of medical, psychiatric, or psychological care or treatment together with any other conditions appropriate to protect the public.

VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 4 of 16 (A) the person was previously restored to competence pursuant to this section and released from the facility;

BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 11 of 18 (2) The Commissioner shall notify the court where the person was committed upon return of the person to the forensic facility.

VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 5 of 16 (1) the involuntary medication is medically appropriate;

§§ 4817 4817 is amended to read:

VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 6 of 16 Sec.

§§ 4819a. 4819a.

FORENSIC FACILITY PLACEMENT FOR PERSONS ACQUITTED OF CERTAIN CRIMES BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 12 of 18 (a) A person who is charged with an offense punishable by a life sentence and is found not guilty only by reason of insanity at the time of the offense charged shall be committed to a forensic facility pursuant to this section.

This section shall not be construed to prohibit the temporary transfer of a person requiring inpatient treatment through an order of hospitalization pursuant to 1818 V.S.A. V.S.A.

§§ 7619 7619 or section 4822 of this title.

VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 7 of 16 (3)(A) At the hearing, the court shall order the person committed to the forensic facility if the State’s Attorney establishes by clear and convincing evidence that the person is suffering from a qualifying condition that, upon the person’s release, would create a substantial risk of bodily injury to another person.

In order that the Commissioner may adequately determine the nature of the person’s condition and needs, all persons committed pursuant to this VTBILL LEGAS #388488INTRODUCED v.1AND AS PASSED BY SENATE S.193 Page 813 of 1618 section shall be promptly examined by qualified personnel in order to provide a proper evaluation, diagnosis, and treatment plan.

(2) If the reviewing court finds by clear and convincing evidence that the person is no longer suffering from a qualifying condition that, upon the VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 9 of 16 person’s release, would create a substantial risk of bodily injury to another person, the court shall:

(f) The Commissioner shall actively monitor compliance with orders issued pursuant to subdivision (e)(2) of this section and shall immediately return the person to the forensic facility if the Commissioner determines that the person is BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 14 of 18 noncompliant with the order and that the noncompliance may create a risk of bodily injury to another person.

Upon readmission, the court shall hold a hearing at which the State’s VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 10 of 16 Attorney shall have the burden of establishing by a preponderance of the evidence that the person was noncompliant with the court’s order for conditional release and that the noncompliance creates a risk of bodily injury to another person.

§§ 4826 4826 is added to read:

§§ 4826. 4826.

VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 11 of 16 (i) incompetent to stand trial;

(2) The evaluations required by this chapter may be conducted pursuant to contracts entered into between the Commissioner of General Services Commissioner of Buildings and General Services and evaluation providers.

(b) The Commissioner of Corrections shall establish and operate a locked secure forensic facility for the secure evaluation, treatment, and care of individualspersons who have been transferred pursuant to subsections 4815a(a) and 4819a(a) of this title.

The forensic facility shall not refuse any persons it is ordered to admit, and it shall not require any clinical or diagnostic prerequisites for admission.

All forensic, clinical, and competency restoration services provided at the forensic facility shall be overseen by a clinical services director.

BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 15 of 18 (b) The Commissioner of Corrections shall establish and operate a locked secure forensic facility for the secure evaluation, treatment, and care of individuals who have been transferred pursuant to subsections 4815a(a) and 4819a(a) of this title.

VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 12 of 16 (5) implement staff qualifications, licensure, training, and supervision requirements that are sufficient to ensure that persons transferred to the forensic facility have access to clinically appropriate care, treatment, services, and supports consistent with individual needs and with applicable professional standards;

chapter 28 or a physician licensed pursuant to 26 V.S.A.

VTBILL LEGAS #388488INTRODUCED v.1AND AS PASSED BY SENATE S.193 Page 1316 of 1618 (d) Persons shall be admitted to and maintained at the forensic facility pursuant to sections 4815a and 4819a of this title, and in proceedings under those sections shall be entitled to have counsel appointed from Vermont Legal Aid to represent them.

§§ 4826 4826 is amended to read:

§§ 4826. 4826.

and VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 14 of 16 (2) the types of clinical services and treatment provided during the previous calendar year.

FORENSIC FACILITY Pending the adoption of permanent rules pursuant to 3 V.S.A.

chapter 25 to implement the provisions of Secs.

1–4 of this act, the Commissioner of Corrections shall adopt emergency rules pursuant to 3 V.S.A.

§ 844 on or before January 1, 2027, which shall be deemed to meet the emergency rulemaking standard in 3 V.S.A.

§ 844(a).

Sec.

5.

RULEMAKING;

(1) clinically appropriate standards governing the provision of services at the forensic facility, including requirements related to staffing patterns and BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 17 of 18 ratios;

VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 15 of 16 Sec.

EFFECTIVE DATE This act shall take effect on July 1, 2026.

Sec.

7.

FORENSIC FACILITY On or before October 1, 2026, the Department of Corrections, in collaboration with the Departments of Health, of Mental Health, and of Disabilities, Aging, and Independent Living, shall submit a written interim report to the House Committees on Corrections and Institutions, on Human Services, and on Judiciary and to the Senate Committees on Institutions, on VT LEG #388488 v.1 AS PASSED BY SENATE S.193 Page 16 of 16 Health and Welfare, and on Judiciary containing draft rules required pursuant to Sec.

BILL AS INTRODUCED AND PASSED BY SENATE S.193 Page 18 of 18 (2) forensic facility planning, including the specific proposed location of the forensic facility, space considerations and design elements necessary to support the provision of therapeutic services and security at the proposed location, and the timeline for any necessary fit-up of the forensic facility;

§§ 4817), 4817), Sec.

§§ 4826) 4826) shall take effect on July 1, 2029.

VT LEG #388488 v.1