Act No. 27 Page 1 of 2
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. 27 (S. 89). An act relating to establishing a forensic facility
Subjects: Health; human services; judiciary
Sec. 1 of this act expresses the intent of the General Assembly to establish an initial
forensic facility in the nine-bed wing of the current Vermont Psychiatric Care Hospital by
July 1, 2024. Sec. 2 of this act specifies that such a forensic facility wing established by
the Departments of Mental Health and of Disabilities, Aging, and Independent Living
would be excluded from the certificate of need process pursuant to 18 V.S.A. chapter
221, subchapter 5.
Sec. 3 of this act directs the Department of Mental Health to initiate an amendment to
its “Rules for the Administration of Nonemergency Involuntary Psychiatric Medications”
by August 1, 2023. This section also directs the Departments of Mental Health and of
Disabilities, Aging, and Independent Living to begin drafting amendments to the
“Licensing and Operating Regulations for Therapeutic Community Residences” by
September 1, 2023.
Sec. 4 of this act requires the Agency of Human Services to present the following
information to various committees of the General Assembly:
• a staffing and programming plan for the forensic facility;
• whether additional resources are needed to establish the forensic facility; and
• an assessment of laws, regulations, rules, and policies governing psychiatric
hospitals and therapeutic community residences to ensure that they can coexist in
the same building.
Sec. 5 of this act requires the Departments of Mental Health and of Disabilities,
Aging, and Independent Living to submit an annual report to the General Assembly on
January 15 between 2025 and 2030 addressing:
• the average daily consensus at the forensic facility;
• the number of individuals waitlisted for the forensic facility, and where they
receive treatment or programming while waiting;
• the aggregated demographic data about the individuals served at the forensic
facility; and
• an account of the number and types of emergency involuntary procedures used at
the forensic facility.
Sec. 6 of this act establishes the Working Group on Policies Pertaining to Individuals
with Intellectual Disabilities Who Are Criminal-Justice Involved. The Working Group is
tasked with assessing whether a forensic level of care is needed for individuals with
intellectual disabilities who are charged with a crime of violence against another person,
have been determined incompetent to stand trial or adjudicated not guilty by reason of
insanity, and are committed to the custody of the Commissioner of Disabilities, Aging,
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2023
and Independent Living. The Working Group is required to submit a report containing
proposed legislation by December 1, 2023.
Effective Date: May 30, 2023
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Statutes affected:
As Introduced: 18-7101, 18-7612, 18-7615, 18-7618, 18-7620, 18-7621, 18-7624, 18-7627, 13-4823, 18-8839, 18-8840, 18-8841, 18-8842, 18-8843, 18-8844, 18-8845, 18-9435
As Passed By the Senate -- Official: 18-7101, 18-7612, 18-7615, 18-7618, 18-7620, 18-7621, 18-7624, 18-7627, 13-4823, 18-8839, 18-8840, 18-8841, 18-8842, 18-8843, 18-8844, 18-8845, 18-9435
As Passed By the Senate -- Unofficial: 18-7101, 18-7612, 18-7615, 18-7618, 18-7620, 18-7621, 18-7624, 18-7627, 13-4823, 18-8839, 18-8840, 18-8841, 18-8842, 18-8843, 18-8844, 18-8845, 18-9435
As Passed by Both House and Senate -- Official: 18-7101, 18-7612, 18-7615, 18-7618, 18-7620, 18-7621, 18-7624, 18-7627, 13-4823, 18-8839, 18-8840, 18-8841, 18-8842, 18-8843, 18-8844, 18-8845, 18-9435