VermontS.1932025-2026 SessionSenate

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

Sponsored By: Virginia "Ginny" V Lyons (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 4 benefits, 1 costs, 6 mixed.

Court safeguards before forced competency medication

The Mental Health Medical Director needs prior criminal-court approval to pursue involuntary medication for competency restoration while charges are pending. Prosecutors must prove every requirement by clear and convincing evidence. Medication must be medically appropriate and substantially likely to restore competency for a fair, timely prosecution of a serious crime. Less intrusive options must be unlikely to achieve the same result.

Dismissal for long-inactive misdemeanor cases

After an incompetency finding, misdemeanor charges must be dismissed when the case stays continuously inactive for at least the maximum sentence. Dismissal is without prejudice, meaning charges can be brought again. The court can keep the case open when dismissal conflicts with the interests of justice. For an offense outside the law's qualifying-crime category, dismissal requires a hearing and reasonable efforts to notify the victim beforehand.

Temporary treatment while Vermont builds capacity

Vermont must adopt emergency rules by December 31, 2026, for an interim treatment and competency restoration program. The program takes effect July 1, 2027, and can operate without another law once enough resources and staff are available. Rules must cover clinical care, staffing, training, safety, quality checks, reporting, agency cooperation, and victim notices. They must also estimate costs and examine restoration services in a Vermont correctional facility. Most provisions begin July 1, 2026; temporary versions of the commitment, facility, counsel, privacy, and victim-notice rules expire July 1, 2029. Emergency rules also expire July 1, 2029, when selected permanent-facility provisions begin; the permanent facility is targeted for that date.

Victims get notice and hearing access

Prosecutors must notify victims before covered hearings following an insanity acquittal. Courts can delay a hearing when notice was not provided. Victims who attend must have a chance to speak about the offense, placement, and care. If a victim is absent, the court must ask about any expressed views and can consider them.

Vermont facility funds limited to planning

In fiscal year 2027, Human Services and its departments must use the covered funds for feasibility work and necessary planning. They cannot spend those funds on facility construction or fit-up unless the Legislature passes another law. This provision states no dollar amount and creates no household payment duty.

Care placement for defendants needing daily support

A separate care path applies when competency cannot return and clear and convincing evidence shows a need for custody, care, and habilitation. The court commits the person to the Disabilities, Aging, and Independent Living Commissioner for up to one year. Placement must be in a least-restrictive designated program. If suitable care is unavailable, the court can continue facility treatment for up to one year, plus six months for good cause. The court reviews that facility treatment every 90 days and ends it when appropriate placement becomes available.

Lawyers and privacy for facility residents

People in covered facility proceedings have a right to appointed counsel from Vermont Legal Aid. Facility records are private and exempt from public records requests, but parties in the criminal case can request access. Health care providers need the person's permission to view specified psychiatric assessment records. The defense can obtain an independent competency or restoration evaluation and present its results at a hearing. People must also allow a party-requested expert assessment before covered competency or insanity-acquittal hearings. Evaluation and risk reports go to the court and parties, and the Medical Director and reporting evaluators must testify if requested.

Release or continued care after restoration fails

When competency cannot be restored, the court must hold a hearing within 60 days, unless good cause extends it. A risk assessment must address dangerousness, tests and findings, and treatment and supervision options, including community placement. Continued commitment requires clear and convincing evidence of a qualifying condition and substantial risk of bodily injury to another. Treatment must use the least restrictive suitable setting, with commitment reviews at least every 12 months and additional reviews when required. Without that proof, the court orders release with an approved care, housing, and supervision plan; without a qualifying condition, supervised release remains an option. Release orders receive annual reviews, and corrections supervision ends unless prosecutors prove continued treatment and supervision are needed to prevent that risk. The Medical Director monitors conditional release and can request immediate return when a qualifying condition and injury risk are suspected. Continued readmission requires a hearing and clear and convincing evidence of both the condition and risk.

Secure care after an insanity acquittal

People found not guilty only by reason of insanity for a life-punishable offense must enter the forensic facility. The court keeps authority over the case and holds a hearing within 60 days after admission, unless extended. A risk assessment is required; continued commitment needs clear and convincing evidence of a qualifying condition and substantial injury risk to another. Otherwise, the court orders release with approved care, housing, and supervision; temporary inpatient transfers remain available. Prosecutors must seek reviews after six months, three years after the first review commitment order, and every five years afterward. Review is also required when the Medical Director certifies that the qualifying condition has ended. The person can petition for release after 90 days, no more than once per applicable review period. Agencies monitor release conditions and can seek return for noncompliance creating substantial risk; continued return requires a hearing and clear and convincing proof of noncompliance.

Secure treatment for court-ordered patients

Vermont must establish a locked treatment facility under the Agency of Human Services Medical Director. It must be licensed as a therapeutic community residence and admit everyone ordered there, without diagnosis requirements. Each person gets a treatment plan within 72 hours, ongoing reviews, and care that supports recovery and addresses trauma. Services include psychiatric care, medication management, court education, rehabilitation, interpreters, and complaint and appeal options. Qualified, trained staff must provide care, with a nurse or physician available when needed. Corrections cannot operate, staff, treat patients, or provide internal security; at shared correctional sites, it can secure entrances and the perimeter. Deaths and serious injuries must be reported to the Medical Director, and qualifying incidents involving people in the Mental Health Commissioner's custody must also be reported to that department.

Treatment and confinement for unfit defendants

Defendants unable to stand trial must enter the facility when charged with a life-punishable offense and held without bail. Those not held without bail must have a qualifying condition and pose a substantial risk of bodily injury to another. Specified hospital or commitment orders generally exclude placement, except for people detained in a correctional facility pending trial. An approved treatment plan can include medication, education, accommodations, and services that build daily-living skills. Competency evaluations occur six months after admission and every six months after continued treatment orders, or sooner when restoration appears likely or unlikely. After each evaluation, the court holds a hearing and orders continued restoration if the person remains unable to stand trial. Services continue until competency returns or charges reach a final outcome; refusing services does not require release or dismissal.

Sponsors & Cosponsors

Sponsor

Virginia "Ginny" V Lyons
Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 173 • No: 11

Senate vote • 5/28/2026

Roll Call, requested by Senator Hashim, Passed -- Needed 15 of 30 to Pass -- Yeas = 29, Nays = 1

Yes: 29 • No: 1

House vote • 5/26/2026

Which was agreed to on a Roll Call Passed -- Needed 62 of 124 to Pass -- Yeas = 115, Nays = 9

Yes: 115 • No: 9 • Other: 1

Senate vote • 4/1/2026

Read 3rd time & passed on roll call, requested by Senator Norris, Passed -- Needed 15 of 30 to Pass -- Yeas = 29, Nays = 1