Bill S.193, introduced by Senator Lyons, aims to establish a forensic facility for individuals involved in the criminal justice system who have been found incompetent to stand trial. The bill mandates that courts dismiss misdemeanor charges against such individuals if their cases remain inactive for a period equal to or greater than the maximum sentence for the offense, unless doing so would contradict the interests of justice. The bill also introduces new provisions for competency restoration services within the forensic facility, requiring regular evaluations and the provision of necessary services to help individuals regain competency to stand trial.
Key provisions of the bill include the establishment of a locked secure forensic facility operated by the Commissioner of Corrections, which will provide assessment and housing for individuals undergoing legal proceedings or those acquitted of certain crimes. The bill specifies that records related to individuals at the facility will be confidential, and it outlines the process for involuntary medication and conditional release. Additionally, it amends the Vermont Rules of Evidence to limit their applicability in proceedings related to competency restoration and conditional release from the forensic facility. The act is set to take effect on July 1, 2026.
Statutes affected: As Introduced: 13-4817