Act No. 25 Page 1 of 1
2023
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 25 (S. 47). An act relating to the transport of individuals requiring psychiatric care
Subjects: Health; mental health; transportation; temporary custody; restraint
Sec. 1 of this act makes multiple amendments to 18 V.S.A. § 7505. It first requires
that an application for a warrant for an emergency examination be based on facts
personally observed by a mental health professional or a law enforcement officer or be
supported by a statement of facts under penalty of perjury by a person who personally
observed the facts that form the basis of the application. It further specifies that a law
enforcement officer may take a person into temporary custody if the law enforcement
officer has probable cause to believe that the person poses a risk of harm to self or others.
The law enforcement officer or mental health professional must then apply to the court
for the warrant without delay while the person is in temporary custody. The law
enforcement officer, or a mental health professional if clinically appropriate, may then
transport the person if the law enforcement officer or mental health professional
conducting the transport has probable cause to believe that the person poses a risk of
harm to self or others. This act allows a judge to order only a law enforcement officer to
transport the person to a hospital for an evaluation by a licensed physician to determine if
the person should be certified for an emergency examination. This act also requires that
transports conducted pursuant to a warrant include the same protections as provided to
individuals in the custody of the Commissioner of Mental Health transported pursuant to
18 V.S.A. § 7511.
Sec. 2 of this act amends 18 V.S.A. § 7511 to require law enforcement vehicles to
have soft restraints available as a first option and the use of mechanical restraints as a
substitute if soft restraints are not deemed adequate for safety.
Sec. 3 of this act requires the Department of Mental Health, in collaboration with
specified stakeholders, to submit a report to the General Assembly containing any
proposed changes to the warrant process in 18 V.S.A. § 7505, including mechanisms to
reduce safety risks and reduce delays in accessing care.
Effective Date: July 1, 2023
VT LEG #370813 v.2


Statutes affected:
As Introduced: 18-7505, 18-7511
As Passed By the Senate -- Official: 18-7505, 18-7511
As Passed By the Senate -- Unofficial: 18-7505, 18-7511
As Passed by Both House and Senate -- Official: 18-7505, 18-7511
As Passed by Both House and Senate -- Unofficial: 18-7505, 18-7511
As Enacted: 18-7505, 18-7511