Title 13, Crimes and Criminal Procedure

§ 4815a. Competency restoration services within forensic facility [Effective July 1, 2029; see also § 4815a effective until July 1, 2029, set out above] (a) A person shall be placed at the forensic facility established in section 4826 of this title if the person: (1) has been cha…

§ 4816. Scope of examination; report; evidence (a) Examinations provided for in section 4815 of this title shall have reference to the mental competency of the person examined to stand trial for the alleged offense. (b) A competency evaluation for an individual thought to have de…

§ 4817. Competency to stand trial; determination; dismissal (a) A defendant shall be presumed to be competent and shall have the burden of proving incompetency by a preponderance of the evidence. (b) A person shall not be tried for a criminal offense if the person is found incomp…

§ 4818. Failure to indict by reason of insanity When a grand jury before which an indictment is heard returns the indictment as not found by reason of insanity of the person so charged at the time of the alleged offense, the grand jury shall so certify to the court. (Added 1969, …

§ 4819. Acquittal by reason of insanity When a person tried on information, complaint, or indictment is acquitted by a jury by reason of insanity at the time of the alleged offense, the jury shall state in its verdict of not guilty that the same is given for such cause. (Added 19…

§ 4819a. Forensic facility placement for persons not guilty by reason of insanity for certain crimes [Effective July 1, 2029; see also § 4819a effective until July 1, 2029, set out above] (a)(1) A person who is charged with an offense punishable by a life sentence and is found no…

§ 4820. Hearing regarding commitment (a) When a person charged on information, complaint, or indictment with a criminal offense: (1) [Repealed.] (2) is found upon hearing pursuant to section 4817 of this title to be incompetent to stand trial due to a mental disease or mental def…

§ 4821. Notice of hearing; procedures The person who is the subject of the proceedings, his or her attorney, the legal guardian, if any, the Commissioner of Mental Health or the Commissioner of Disabilities, Aging, and Independent Living, and the State’s Attorney or other prosecu…

§ 4822. Findings and order; persons with a mental illness (a) If the court finds that the person is a person in need of treatment or a patient in need of further treatment as defined in 18 V.S.A. § 7101, the court shall issue an order of commitment directed to the Commissioner of…

§ 4823. Findings and order; persons with an intellectual disability (a) If the court finds by clear and convincing evidence that such person is a person in need of custody, care, and habilitation as defined in 18 V.S.A. § 8839, the court shall issue an order of commitment for up …

§ 4824. Reporting; National Instant Criminal Background Check System (a) If the court finds that a person is a person in need of treatment pursuant to section 4822 of this title, the Court Administrator shall within 48 hours report the name of the person subject to the order to t…

§ 4825. Persons prohibited by federal law from possessing firearms due to mental illness; petition for relief from disability (a)(1) A person who is prohibited from possessing firearms by 18 U.S.C. § 922(g)(4) may petition the Family Division of the Superior Court for an order th…

§ 4826. Forensic facility; definitions [Effective July 1, 2029; see also § 4826 effective until July 1, 2029, set out above] (a)(1) As used in this chapter: (A) “Competency can be restored” means a substantial probability that in the foreseeable future the person will attain the …