Vermont enacts Act 57 revising competency and insanity procedures and creating a forensic care working group
The enacted text, approved June 7, 2021 and effective July 1, 2021, addresses mental competency and sanity at the time of the alleged offense separately, says a sanity evaluation should generally happen only if examiners can form an opinion that the person is competent, and requires separate reports when both are examined.
It sets commitment hearings before a person is committed to the Commissioner of Mental Health and guarantees Vermont Legal Aid representation for those found incompetent or acquitted by insanity. Prosecutors must be notified at least 10 days before discharge.
Section 6 directs the Department of Mental Health to convene judges, prosecutors, defense counsel, victim representatives and people with lived experience to recommend ways to close system gaps, review restoration models elsewhere, and address due process for defendants held without adjudication.
Source: An act relating to competency to stand trial and insanity as a defense — Vermont General Assembly
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