S 193

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No. 147. An act relating to establishing a forensic facility for certain
criminal justice-involved persons.
                                       (S.193)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. LEGISLATIVE INTENT
     It is the intent of the General Assembly that the Secretary of Human
Services shall establish and operate a locked secure forensic facility by July 1,
2029, for the competency restoration, evaluation, stabilization, treatment, and
care of persons who have been found not competent to stand trial or not guilty
by reason of insanity for serious criminal offenses. The Department of
Corrections shall not operate or staff the forensic facility, with the exception
that employees of the Department of Corrections may provide security services
for the facility at the admitting area of and around the outside perimeter of a
forensic facility if it is colocated on the grounds of a correctional facility.
Sec. 2. 13 V.S.A. § 4815a is added to read:
§ 4815a. COMPETENCY RESTORATION SERVICES WITHIN
            FORENSIC FACILITY
     (a) A person shall be placed at the forensic facility established in section
4826 of this title if the person:
        (1) has been charged with an offense punishable by a life sentence;
        (2)(A) has been held without bail pursuant to section 7553 of this title;
or
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          (B) if the person is not held without bail pursuant to section 7553 of
this title, has a qualifying condition and it has been determined that the
person’s release would create a substantial risk of bodily injury to another
person;
      (3) is not currently:
          (A) receiving treatment through an order of hospitalization pursuant
to 18 V.S.A. § 7619 or section 4822 of this title; or
          (B) subject to an order of commitment to the Commissioner of
Disabilities, Aging, and Independent Living issued under 18 V.S.A. § 8845 or
section 4823 of this title, unless the person is detained in a correctional facility
pending trial; and
      (4) has been found not competent to stand trial.
   (b)(1) The forensic facility shall cause the person to be evaluated for
competency to stand trial:
             (A) six months from the date of admission, and thereafter every
six months from the issuance of an order for continued competency restoration
treatment under subdivision (3)(B) of this subsection (b); and
             (B) at any time upon the determination by the Agency of Human
Services Medical Director that the person is likely competent to stand trial or
that it is unlikely that the person’s competency can be restored.
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      (2) The court shall hold a hearing after the competency evaluation, and,
prior to the hearing, the results of all evaluations shall be supplied to the court
and the parties to the underlying criminal action.
      (3)(A) If the court finds after the hearing that the person is competent to
stand trial, the court shall immediately notify the State’s Attorney and the
person’s counsel in the criminal case.
          (B) If the court finds after the hearing that the person is not
competent to stand trial, the court shall order continued competency restoration
treatment at the facility pursuant to this section.
      (4) Notwithstanding any other provision of law or rule, witnesses at
hearings held pursuant to this section shall be permitted to provide testimony
remotely.
   (c)(1) At the request of a party or the Agency of Human Services Medical
Director, the court may order that a competency evaluation conducted pursuant
to subsection (b) of this section include an opinion on whether the person’s
competency can be restored. If a request is made pursuant to this subsection,
the forensic facility shall cause the person to be evaluated for restorability to
competence prior to the hearing.
      (2) If the court finds that the person’s competency can be restored, the
court shall order continued competency restoration treatment at the facility
pursuant to this section.
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      (3)(A) If the court finds that the person’s competency cannot be
restored, the court shall hold a hearing within 60 days unless that period is
extended by the court for good cause.
             (B) Prior to the date of the hearing, the court shall order that a
forensic risk assessment of the person be conducted by an evaluator
appropriately qualified for the qualifying condition of the person that includes:
                (i) the person’s history and present dangerousness;
                (ii) a description of any tests that were employed and the results of
the tests;
                (iii) the examiner’s findings;
                (iv) the examiner’s opinion as to whether the person’s release
would create a substantial risk of bodily injury to another person;
                (v) recommendations for evidence-based treatment and
supervision, including in a community-based placement, that would support
the person’s success and mitigate risk of aggression and violence;
                (vi) the examiner’s opinion as to whether the person is a person in
need of custody, care, and habilitation as defined in 18 V.S.A. § 8839; and
                (vii) the examiner’s opinion as to whether the person is competent
to stand trial.
             (C) The results of all evaluations shall be supplied to the court and
the parties to the underlying criminal action.
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         (4)(A) If the State’s Attorney demonstrates by clear and convincing
evidence at a hearing held pursuant to subdivision (3)(A) of this subsection (c)
or (B) of this subdivision (4) that the person has a qualifying condition that,
upon the person’s release, would create a substantial risk of bodily injury to
another person, the court shall order continued commitment of the person
consistent with the person’s forensic risk assessment. The court shall order
treatment of the person, which may include appropriate supervision and
supervised housing, including a community-based placement, in the least
restrictive setting consistent with the person’s forensic risk assessment and
treatment needs.
           (B) If continued commitment is ordered pursuant to subdivision (A)
of this subdivision (4), the person’s commitment shall be reviewed by the
court:
              (i) every 12 months;
              (ii) at any time upon the determination by the Agency of Human
Services Medical Director that the person no longer has a qualifying condition
and the person’s release would not create a substantial risk of bodily injury to
another person; and
              (iii) upon petition of the person filed at any time after 90 days
following an order of continued commitment issued pursuant to subdivision
(A) of this subdivision (4), and thereafter not earlier than six months from the
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issuance of an order for continued commitment under subdivision (4)(A) of
this subsection (c).
      (5)(A) If the State’s Attorney does not demonstrate by clear and
convincing evidence at a hearing held pursuant to subdivision (3)(A) or (4)(B)
of this subsection (c) that the person has a qualifying condition and the
person’s release would create a substantial risk of bodily injury to another
person, the court shall:
              (i) order the release of the person under a prescribed regimen of
medical, psychiatric, or psychological care or treatment, housing, and
supervision by the Commissioner of Mental Health; the Department of
Disabilities, Aging, and Independent Living; or the Department of Health, that
the Agency of Human Services Medical Director has certified as appropriate;
and
              (ii) order, as an explicit condition of supervision, that the person
comply with the prescribed regimen of medical, psychiatric, or psychological
care or treatment, housing, and supervision by the Commissioner of Mental
Health; the Department of Disabilities, Aging, and Independent Living; or the
Department of Health, together with any other conditions appropriate to protect
the public.
          (B) A person’s release pursuant to this subdivision (5) shall be
reviewed by the court every 12 months. The person shall be released from the
supervision of the Commissioner of Mental Health; the Department of
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Disabilities, Aging, and Independent Living; or the Department of Health
unless the State’s Attorney demonstrates by clear and convincing evidence at
the hearing that continued treatment and supervision is necessary to prevent the
person from becoming a substantial risk of bodily injury to another person.
          (C)(i) The State’s Attorney shall make a reasonable effort to provide
the victim with prior notice of any hearing held pursuant to this subdivision
(5). The court may continue the hearing if the victim has not been provided
with the notice required by this subdivision (C)(i).
            (ii) At any hearing under this subdivision (5), the court shall ask if
the victim is present and, if so, shall offer the victim the opportunity to be
heard. The court may consider any views offered at the hearing by the victim,
including the victim’s views concerning the offense and preferences for the
person’s placement and care. If the victim is not present at the hearing, the
court shall ask whether the victim has expressed oral or written views
concerning the offense and preferences for the person’s placement and care,
and, if so, the court may consider those views.
      (6)(A) If the court finds that the person’s competency cannot be
restored, and finds by clear and convincing evidence that the 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 to one year directed to the
Commissioner of Disabilities, Aging, and Independent Living for placement in
a designated program in the least restrictive environment consistent with the
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person’s need for custody, care, and habilitation. The order of commitment
shall have the same force and effect as an order issued under 18 V.S.A. chapter
206, subchapter 3 and persons committed under the order shall have the same
status, and the same rights, including the right to receive care and habilitation,
to be examined and discharged, and to apply for and obtain judicial review of
their cases, as persons ordered committed under 18 V.S.A. chapter 206,
subchapter 3.
          (B)(i) The Commissioner shall provide appropriate custody, care, and
habilitation in a designated program to a person committed under subdivision
(A) of this subdivision (6).
            (ii) The court may order continued treatment at the forensic
facility for a period not to exceed one year if the court finds that the
Commissioner is not currently able to provide appropriate custody, care, and
habilitation in a designated program. For good cause shown, the court may
extend the one-year period by an additional period not to exceed six months.
          (C)(i) The court shall review an order of continued treatment issued
pursuant to subdivision (B)(ii) of this subdivision (6) every 90 days.
            (ii) If the court finds at the review that appropriate custody, care,
and habilitation can be provided to the person in a designated program, the
court shall vacate the order for continued treatment and order the person
committed to the custody of the Commissioner pursuant to subdivision (A) of
this subdivision (6).
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            (iii) If the court finds at the review that appropriate custody, care,
and habilitation cannot be provided to the person in a designated program, the
court shall order continued treatment at the forensic facility pursuant to
subdivision (B)(ii) of this subdivision (6).
          (D) The Commissioner may at any time certify to the court that
appropriate custody, care, and habilitation can be provided to the person in a
designated program, and after such a certification the court shall vacate the
order for continued treatment and order the person committed to the custody of
the Commissioner pursuant to subdivision (A) of this subdivision (6).
          (E) As used in this subdivision (6), “Commissioner” means the
Commissioner of Disabilities, Aging, and Independent Living.
   (d) Except as provided in subdivisions (c)(4)(A), (c)(5), and (c)(6)(A) of
this section, the person shall remain at the forensic facility until the person is
restored to competency or until there is a final disposition of the charges
against the person.
   (e) The person shall receive competency restoration services while at the
forensic facility according to a plan approved by the Agency of Human
Services Medical Director. Such services shall include any appropriate
combination of medication, education, accommodations, habilitation, or other
services identified as necessary or proper to achieve and maintain competency
to stand trial. The person’s refusal to receive competency restoration services
shall not be grounds for release or dismissal from the forensic facility.
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   (f) Competency restoration services shall be provided to the person at the
forensic facility, or at another location as part of a discharge plan, until the
person is restored to competency or until there is a final disposition of the
charges against the person.
   (g)(1) As appropriate for the needs of the person, the Commissioner of
Mental Health; of Health; or of Disabilities, Aging, and Independent Living
shall actively monitor compliance with orders issued pursuant to subdivision
(c)(5) of this section. Upon request from the commissioner monitoring the
person, the court shall immediately order return of a person to the forensic
facility if:
          (A) the person was released from the facility pursuant to subdivision
(c)(5) of this section; and
          (B) the Agency of Human Services Medical Director has reason to
believe that the person continues to have a qualifying condition and that the
person’s continued release would create a substantial risk of bodily injury to
another person.
       (2) The commissioner monitoring the person shall notify the court
where the person was committed upon return of the person to the forensic
facility. Upon readmission, the court shall hold a hearing at which the State’s
Attorney shall have the burden of establishing by clear and convincing
evidence that the person has a qualifying condition and that the person’s
continued release would create a substantial risk of bodily injury to another
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person. If the State’s Attorney meets its burden, the court shall order the
person readmitted to the forensic facility for treatment pursuant to this section.
If the State’s Attorney does not meet its burden, the court shall order the
person restored to the status the person had when the person was returned to
the facility.
   (h) The Agency of Human Services Medical Director shall receive prior
approval of the Criminal Division of the Superior Court where the person’s
underlying criminal charge is pending for any competency restoration plan
involving involuntary medication. The court shall not approve involuntary
medication unless the State’s Attorney establishes by clear and convincing
evidence that:
      (1) the involuntary medication is medically appropriate;
      (2) the involuntary medication serves the important governmental
interests of bringing to trial an individual accused of a serious crime and
ensuring a fair, timely prosecution;
      (3) the involuntary medication significantly furthers these important
governmental interests by making it substantially likely to render the defendant
competent to stand trial; and
      (4) any alternative, less intrusive treatments are unlikely to achieve the
same results.
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   (i) When an evaluation is required of the person’s competency or
restorability under this section, the defense shall be entitled to conduct an
independent evaluation and introduce the results at the hearing.
Sec. 3. 13 V.S.A. § 4817 is amended to read:
§ 4817. COMPETENCY TO STAND TRIAL; DETERMINATION;
           DISMISSAL
                                        ***
   (e)(1) When a person has been found incompetent to stand trial for an
alleged misdemeanor offense, the charges against the person shall be dismissed
without prejudice if, after the finding of incompetence, the case remains
inactive for a continuous period of time equal to or greater than the maximum
sentence for the offense. Dismissal under this section shall not be required if
the court finds that dismissing the case would be contrary to the interests of
justice.
      (2)(A) If the offense is not a qualifying crime under subdivision 7601(4)
of this title, the court shall hold a hearing prior to dismissing a case under this
subsection (e). The State’s Attorney shall make a reasonable effort to provide
the victim with prior notice of the hearing, and the court may continue the
hearing if the victim has not been provided with the notice required by this
subdivision (2)(A).
           (B) At the hearing, the court shall ask if the victim is present and, if
so, shall offer the victim the opportunity to be heard. The court may consider
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any views offered at the hearing by the victim, including the victim’s views
concerning the offense and the interests of justice. If the victim is not present
at the hearing, the court shall ask whether the victim has expressed oral or
written views concerning the offense and the interests of justice, and, if so, the
court may consider those views.
Sec. 4. 13 V.S.A § 4819a is added to read:
§ 4819a. FORENSIC FACILITY PLACEMENT FOR PERSONS
          NOT GUILTY BY REASON OF INSANITY FOR CERTAIN
          CRIMES
   (a)(1) A person who is charged with an offense punishable by a life
sentence and is found not guilty only by reason of insanity at the time of the
offense charged shall be committed to a forensic facility pursuant to this
section. This section shall not be construed to prohibit the temporary transfer
of a person requiring inpatient treatment through an order of hospitalization
pursuant to 18 V.S.A. § 7619 or section 4822 of this title.
      (2) The committing court shall retain jurisdiction over the person for all
proceedings under this section.
   (b)(1) A hearing shall be held by the court where the person was tried
within 60 days following admission to the forensic facility, unless that period
is extended by the court.
      (2) Prior to the date of the hearing, the court shall order that a forensic
risk assessment of the person be conducted that includes:
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             (A) the person’s history and present dangerousness;
             (B) a description of any tests that were employed and the results of
the tests;
             (C) the examiner’s findings;
             (D) the examiner’s opinion as to whether the person’s release would
create a substantial risk of bodily injury to another person; and
             (E) recommendations for evidence-based treatment and supervision
that would support the individual’s success and mitigate risk of aggression and
violence.
      (3) The results of all evaluations shall be supplied to the court and the
parties to the underlying criminal action.
      (4)(A) At the hearing, the court shall order the person committed to the
forensic facility if the State’s Attorney establishes by clear and convincing
evidence that the person has a qualifying condition that, upon the person’s
release, would create a substantial risk of bodily injury to another person.
             (B) If the State’s Attorney does not establish by clear and convincing
evidence that the person has a qualifying condition that, upon the person’s
release, would create a substantial risk of bodily injury to another person, the
court shall enter an order releasing the person pursuant to subdivisions
(e)(3)(A) and (B) of this section.
             (C) Notwithstanding any other provision of law or rule, witnesses at
the hearing shall be permitted to provide testimony remotely.
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   (c) A person committed to the forensic facility pursuant to this section shall
not be released until the court finds pursuant to subsection (e) of this section
that the person no longer has a qualifying condition that, upon the person’s
release, would create a substantial risk of bodily injury to another person.
   (d) The Agency of Human Services Medical Director shall, taking into
account public safety and the least restrictive conditions applicable, provide
adequate care and individualized treatment at the forensic facility to persons
ordered committed pursuant to this section. In order that the Medical Director
may adequately determine the nature of the person’s condition and needs, all
persons committed pursuant to this section shall be promptly examined by
qualified personnel in order to provide a proper evaluation, diagnosis, and
treatment plan.
   (e)(1)(A)(i) The State’s Attorney shall petition the committing court for
review of the person’s commitment:
                  (I) six months after the date that the person is committed
pursuant to subdivision (b)(4)(A) of this section;
                  (II) three years after a commitment order issued following a
review under subdivision (I) of this subdivision (i);
                  (III) every fifth year after a commitment order issued following
a review under subdivision (II) of this subdivision (i); and
                  (IV) at any time upon certification at any time to the Secretary
of Human Services by the Agency of Human Services Medical Director that
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the person no longer has a qualifying condition that, upon the person’s release,
would create a substantial risk of bodily injury to another person.
              (ii) The Secretary of Human Services shall provide all reports
required under this section to the State’s Attorney, who shall file them with the
petition.
            (B)(i) A person committed pursuant to subdivision (b)(4)(A) of this
section may petition the committing court for release on the grounds that the
person no longer has a qualifying condition that, upon the person’s release,
would create a substantial risk of bodily injury to another person.
              (ii) A petition shall not be filed pursuant to this subdivision (B):
                 (I) until at least 90 days after the issuance of the commitment
order pursuant to subdivision (b)(4)(A) of this section; and
                 (II) more frequently than once during each applicable period
set forth in subdivision (A)(i) of this subdivision (e)(1).
      (2) If the State’s Attorney establishes by clear and convincing evidence
that the person has a qualifying condition that, upon the person’s release,
would create a substantial risk of bodily injury to another person, the court
shall deny the petition and order the person committed to the forensic facility
for continued treatment pursuant to this section.
      (3) If the State’s Attorney does not establish by clear and convincing
evidence that the person has a qualifying condition that, upon the person’s
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release, would create a substantial risk of bodily injury to another person, the
court shall:
          (A) order the release of the person under a prescribed regimen of
medical, psychiatric, or psychological care or treatment, including supervision
and housing, that the Agency of Human Services Medical Director has
certified as appropriate; and
          (B) order, as an explicit condition of supervision, that the person
comply with the prescribed regimen of evidence-informed medical,
psychiatric, or psychological care or treatment, including supervision and
housing, together with any other conditions appropriate to protect the public.
   (f) As appropriate for the needs of the person, the Commissioner of Mental
Health; of Health; or of Disabilities, Aging, and Independent Living shall
actively monitor compliance with orders issued pursuant to subdivision (e)(2)
of this section. Upon request from the commissioner monitoring the person,
the court shall immediately order return of the person to the forensic facility if
the Agency of Human Services Medical Director determines that the person is
noncompliant with the order and that the noncompliance may create a risk of
bodily injury to another person. The commissioner monitoring the person shall
notify the court where the person was committed upon return of the person to
the forensic facility. Upon readmission, the court shall hold a hearing at which
the State’s Attorney shall have the burden of establishing by clear and
convincing evidence that the person was noncompliant with the court’s order
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for conditional release and that the noncompliance creates a risk of bodily
injury to another person.
   (g)(1) The State’s Attorney shall provide the victim with prior notice of any
hearing held pursuant to this section. The court may continue the hearing if the
victim has not been provided with the notice required by this subdivision.
      (2) At any hearing under this section, the court shall ask if the victim is
present and, if so, shall offer the victim the opportunity to be heard. The court
may consider any views offered at the hearing by the victim, including the
victim’s views concerning the offense and preferences for the person’s
placement and care. If the victim is not present at the hearing, the court shall
ask whether the victim has expressed oral or written views concerning the
offense and preferences for the person’s placement and care, and, if so, the
court may consider those views.
Sec. 5. 13 V.S.A. § 4826 is added to read:
§ 4826. FORENSIC FACILITY; DEFINITIONS
   (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 capacity to permit the
proceedings to go forward.
          (B) “Forensic facility” means a locked secure facility that provides a
suitable clinical setting and is licensed as a therapeutic community residence as
defined in 33 V.S.A. § 7102(11) where:
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             (i) the Agency of Human Services provides for the secure
competency restoration, evaluation, stabilization, treatment, and care of
persons with a qualifying condition who are involved in the legal system and
who do not require a hospitalization level of care; and
             (ii) a person is transferred pursuant to subsections 4815a(a) and
4819a(a) of this title.
          (C) “Qualifying condition” means any condition whether mental,
congenital, or traumatic, however acquired or developed, or any other
circumstance that resulted in the person being determined:
             (i) incompetent to stand trial; or
             (ii) not guilty by reason of insanity.
      (2) The evaluations required by this chapter may be conducted pursuant
to contracts entered into between the Commissioner of Buildings and General
Services and evaluation providers.
      (3) Prior to any hearing under section 4815a or 4819a of this title, the
person shall be required, at the request of a party, to permit an expert
assessment of the person’s competency, forensic risk, or restorability to
competency.
   (b) The Secretary of Human Services shall establish and operate a locked
secure forensic facility for the competency restoration, evaluation,
stabilization, treatment, and care of persons who have been transferred
pursuant to subsections 4815a(a) and 4819a(a) of this title. The forensic
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facility’s clinical, forensic, and competency restoration services shall be
overseen by the Agency of Human Services Medical Director. The
Department of Corrections shall not play a role in the forensic facility’s
operation, the provision of services, or internal security, except to provide
security services for the facility at the admitting area and around the outside
perimeter if the facility is colocated on the grounds of a correctional facility.
The forensic facility shall:
      (1) be designed and operated in a manner that supports therapeutic,
recovery-oriented, and trauma-informed programming in a therapeutic
community residence, while maintaining appropriate levels of safety and
security;
      (2) not refuse any persons it is ordered to admit and shall not require any
clinical or diagnostic prerequisites for admission;
      (3) provide for the safe competency restoration, evaluation, treatment,
stabilization, and care of persons, including the ability to separate the
population by sex or gender and to otherwise address clinical, safety, or
operational considerations as appropriate, including the possible operation of
multiple facilities;
      (4) follow the direction of the Agency of Human Services Medical
Director, who shall oversee all forensic, clinical, and competency restoration
services provided to transferred persons;
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      (5) implement staff qualifications, licensure, training, and supervision
requirements that are sufficient to ensure that persons transferred to the
forensic facility have access to clinically appropriate care, treatment, services,
and supports consistent with individual needs and with applicable professional
standards;
      (6) ensure that a registered nurse licensed pursuant to 26 V.S.A. chapter
28 or a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 is available
to provide care to transferred persons as clinically necessary;
      (7) ensure that persons receive clinically appropriate assessment and
treatment planning and competency restoration plans, as appropriate, including
the development of an initial person-specific treatment plan within 72 hours
following transfer, which shall be reviewed periodically as clinically indicated;
      (8) ensure that clinical services and programming include psychiatric
care, management of medications, education about court procedures,
habilitation, and trauma-informed care, as appropriate;
      (9) continue to provide evaluation, treatment, stabilization, and care of a
resident who has regained competency while the resident awaits and
participates in the resident’s trial;
      (10) provide residents with interpreters, as appropriate;
      (11) implement grievance and appeals procedures; and
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      (12) implement a process for reporting instances of death or serious
bodily injury to residents of the forensic facility to the Agency of Human
Services Medical Director.
   (c) Any records related to a person placed at the forensic facility shall be
exempt from public inspection and copying under the Public Records Act and
shall be kept confidential, except that:
      (1) the records shall be made available to the parties in the underlying
criminal case upon request; and
      (2) the person’s health care providers may, with the person’s
permission, view forensic facility records of the person’s psychiatric
assessments at the facility, including assessments of the person’s competency
to stand trial and criminal responsibility.
   (d) Persons shall be admitted to and maintained at the forensic facility
pursuant to sections 4815a and 4819a of this title, and in proceedings under
those sections shall be entitled to have counsel appointed from Vermont Legal
Aid to represent them.
   (e) The Secretary of Human Services shall regularly consult with the
Commissioners of Corrections; of Mental Health; of Health; and of
Disabilities, Aging, and Independent Living when performing the duties
required by this chapter for operating the forensic facility.
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   (f) The Agency of Human Services Medical Director and an evaluator
submitting a report pursuant to sections 4815a and 4819a of this title shall
testify at any hearing under those sections if requested by the court or a party.
   (g) The Secretary of Human Services shall adopt rules pursuant to 3 V.S.A.
chapter 25 to implement this section.
Sec. 6. 18 V.S.A. § 7257 is amended to read:
§ 7257. REPORTABLE ADVERSE EVENTS
   (a) An acute inpatient hospital, an intensive residential recovery facility, a
designated agency, a psychiatric residential treatment facility for youth, a
forensic facility, or a secure residential recovery facility shall report to the
Department of Mental Health instances of death or serious bodily injury to
individuals with a mental condition or psychiatric disability in the custody or
temporary custody of the Commissioner.
                                        ***
Sec. 7. FEASIBILITY PLAN; FORENSIC FACILITY
   (a) On or before January 15, 2027, the Secretary of Human Services, in
consultation with the Department of Buildings and General Services, shall
submit a feasibility plan for the development and operation of a forensic
facility to the House Committees on Appropriations, on Corrections and
Institutions, on Health Care, on Human Services, and on Judiciary and to the
Senate Committees on Appropriations, on Health and Welfare, on Institutions,
and on Judiciary. The feasibility plan shall assume that operation, staffing, and
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programming at the forensic facility shall be provided by the Agency of
Human Services or its departments, with the exception that the Department of
Corrections shall not play a role in its operation, the provision of services, or
internal security, other than the provision of security services for the facility at
the admitting area and around the outside perimeter if the facility is colocated
on the grounds of a correctional facility. The feasibility plan shall address the
following:
      (1) the proposed location of a forensic facility, which shall be
independent from a correctional facility, and, if on the same grounds as a
correctional facility, shall be separated by sight and sound;
      (2) the proposed design plans for a forensic facility that allows for the
ability to separate residents by sex or gender and clinical need;
      (3) the number of beds within a forensic facility;
      (4) the entity or entities responsible for operating and providing services
in a forensic facility;
      (5) the timeline for constructing a stand-alone forensic facility or fitting
up an existing stand-alone facility to operate as a forensic facility;
      (6) the estimated cost of constructing or fitting up and operating a
forensic facility;
      (7) which aspects of the therapeutic community residence rule would
need to be modified to operate the forensic facility as a therapeutic community
residence;
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      (8) the clinical services available at a forensic facility, including on-site
competency restoration services;
      (9) the proposed staffing levels, staff qualifications, and potential
contracting needs necessary to establish a multidisciplinary clinical team at the
forensic facility that reflects best practices, including required evidence-based,
trauma-informed staff training and multiple potential staffing strategies;
      (10) the physical and staff security plan within and around the perimeter
of a forensic facility, including therapeutic design and clinical supervision that
reflect best practices, which shall not involve the Department of Corrections,
with the exception that employees of the Department of Corrections may
provide security services for the facility at the admitting area and around the
outside perimeter of the facility if it is colocated on the grounds of a
correctional facility;
      (11) a resident discharge and community monitoring plan from each
department with custody of individuals in the forensic facility, developed in
consultation with the Department of Corrections, that prioritizes community
safety and provides residential, clinical, and case management services;
      (12) opportunities and cost estimates for persons who would be eligible
for placement at the forensic facility to receive, while the development of a
forensic facility in Vermont is pending, placement in an out-of-state residence
where clinically appropriate programming can be provided;
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      (13) a plan for the expansion of 1988 Acts and Resolves No. 248 to
include individuals with a cognitive disability;
      (14) annual reporting metrics on the demographics, outcomes, and
staffing at the forensic facility; and
      (15) any recommendations for legislative action to effectuate the
development of a therapeutic, trauma-informed forensic facility.
   (b) At the August and November 2026 meetings of the Joint Legislative
Justice Oversight Committee, the Secretary of Human Services or designee
shall provide an interim status update on the development of the feasibility
plan required pursuant to subsection (a) of this section and on the emergency
rulemaking required by Sec. 12 of this act.
   (c)(1) Funds appropriated to the Agency of Human Services and its
departments in fiscal year 2027 shall be used to complete the feasibility plan
required by this section and any other planning activities necessary to
implement this act, but absent further legislative enactment by the General
Assembly, the Agency and its departments shall not expend funds in fiscal year
2027 for the construction or fit-up of a forensic facility.
      (2) No further legislative enactment by the General Assembly shall be
required to implement the interim forensic and competency restoration
program established by emergency rules adopted pursuant to Sec. 12 of this
act. The interim forensic and competency restoration program is contingent on
the availability of sufficient resources, including appropriate staffing levels.
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Sec. 8. Rule 1101 of the Vermont Rules of Evidence is amended to read:
RULE 1101. APPLICABILITY OF RULES
   (a) Rules applicable. Except as otherwise provided in subdivision (b),
these rules apply to all actions and proceedings in the courts of this state.
   (b) Rules inapplicable. The rules other than those with respect to privileges
do not apply in the following situations:
                                       ***
      (3) Miscellaneous Proceedings. Proceedings for extradition or
rendition; inquest proceedings; except as otherwise provided by statute or rule
promulgated by the Supreme Court, sentencing or granting or revoking
probation; proceedings concerning competency restoration; granting or
revoking conditional release from a forensic facility; finding probable cause
for arrests without warrant and issuance of citations, warrants for arrest,
criminal summonses, and search warrants.
                                       ***
Sec. 9. 13 V.S.A. § 4815a is added to read:
§ 4815a. COMPETENCY RESTORATION SERVICES WITHIN
          FORENSIC FACILITY
   (a) A person shall be placed at the forensic facility established in section
4826 of this title if the person:
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        (1) has been charged with an offense punishable by a life sentence;
        (2)(A) has been held without bail pursuant to section 7553 of this title;
or
           (B) if the person is not held without bail pursuant to section 7553 of
this title, has a qualifying condition and it has been determined that the
person’s release would create a substantial risk of bodily injury to another
person;
        (3) is not currently:
           (A) receiving treatment through an order of hospitalization pursuant
to 18 V.S.A. § 7619 or section 4822 of this title; or
           (B) subject to an order of commitment to the Commissioner of
Disabilities, Aging, and Independent Living issued under 18 V.S.A. § 8845 or
section 4823 of this title, unless the person is detained in a correctional facility
pending trial; and
        (4) has been found not competent to stand trial.
     (b)(1) The forensic facility shall cause the person to be evaluated for
competency to stand trial:
           (A) six months from the date of admission, and thereafter every six
months from the issuance of an order for continued competency restoration
treatment under subdivision (3)(B) of this subsection (b); and
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          (B) at any time upon the determination by the Agency of Human
Services Medical Director that the person is likely competent to stand trial or
that it is unlikely that the person’s competency can be restored.
      (2) The court shall hold a hearing after the competency evaluation, and,
prior to the hearing, the results of all evaluations shall be supplied to the court
and the parties to the underlying criminal action.
      (3)(A) If the court finds after the hearing that the person is competent to
stand trial, the court shall immediately notify the State’s Attorney and the
person’s counsel in the criminal case.
          (B) If the court finds after the hearing that the person is not
competent to stand trial, the court shall order continued competency restoration
treatment at the facility pursuant to this section.
      (4) Notwithstanding any other provision of law or rule, witnesses at
hearings held pursuant to this section shall be permitted to provide testimony
remotely.
   (c)(1) At the request of a party or the Agency of Human Services Medical
Director, the court may order that a competency evaluation conducted pursuant
to subsection (b) of this section include an opinion on whether the person’s
competency can be restored. If a request is made pursuant to this subsection,
the forensic facility shall cause the person to be evaluated for restorability to
competence prior to the hearing.
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      (2) If the court finds that the person’s competency can be restored, the
court shall order continued competency restoration treatment at the facility
pursuant to this section.
      (3)(A) If the court finds that the person’s competency cannot be
restored, the court shall hold a hearing within 60 days unless that period is
extended by the court for good cause.
             (B) Prior to the date of the hearing, the court shall order that a
forensic risk assessment of the person be conducted by an evaluator
appropriately qualified for the qualifying condition of the person that includes:
                (i) the person’s history and present dangerousness;
                (ii) a description of any tests that were employed and the results of
the tests;
                (iii) the examiner’s findings;
                (iv) the examiner’s opinion as to whether the person’s release
would create a substantial risk of bodily injury to another person;
                (v) recommendations for evidence-based treatment and
supervision, including in a community-based placement, that would support
the person’s success and mitigate risk of aggression and violence; and
                (vi) the examiner’s opinion as to whether the person is a person in
need of custody, care, and habilitation as defined in 18 V.S.A. § 8839.
             (C) The results of all evaluations shall be supplied to the court and
the parties to the underlying criminal action.
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         (4)(A) If the State’s Attorney demonstrates by clear and convincing
evidence at a hearing held pursuant to subdivision (3)(A) of this subsection (c)
or subdivision (B) of this subdivision (4) that the person has a qualifying
condition that, upon the person’s release, would create a substantial risk of
bodily injury to another person, the court shall order continued commitment of
the person consistent with the person’s forensic risk assessment. The court
shall order treatment of the person, which may include appropriate supervision
and supervised housing, including in a community-based placement, in the
least restrictive setting consistent with the person’s forensic risk assessment
and treatment needs.
           (B) If continued commitment is ordered pursuant to subdivision (A)
of this subdivision (4), the person’s commitment shall be reviewed by the
court:
              (i) every 12 months;
              (ii) at any time upon the determination by the Agency of Human
Services Medical Director that the person no longer has a qualifying condition
and the person’s release would not create a substantial risk of bodily injury to
another person; and
              (iii) upon petition of the person filed at any time after 90 days
following an order of continued commitment issued pursuant to subdivision
(A) of this subdivision (4), and thereafter not earlier than six months from the
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issuance of an order for continued commitment under subdivision (4)(A) of
this subsection (c).
      (5)(A) If the State’s Attorney does not demonstrate by clear and
convincing evidence at a hearing held pursuant to subdivision (3)(A) or (4)(B)
of this subsection (c) that the person has a qualifying condition and the
person’s release would create a substantial risk of bodily injury to another
person, the court shall:
             (i) order the release of the person under a prescribed regimen of
medical, psychiatric, or psychological care or treatment, housing, and
supervision by the Department of Corrections in collaboration with the
Commissioner of Mental Health; the Department of Disabilities, Aging, and
Independent Living; or the Department of Health that the Agency of Human
Services Medical Director has certified as appropriate; and
             (ii) order, as an explicit condition of supervision, that the person
comply with the prescribed regimen of medical, psychiatric, or psychological
care or treatment, housing, and supervision by the Department of Corrections
in collaboration with the Commissioner of Mental Health; the Department of
Disabilities, Aging, and Independent Living; or the Department of Health,
together with any other conditions appropriate to protect the public.
          (B) A person’s release pursuant to this subdivision (5) shall be
reviewed by the court every 12 months. The person shall be released from the
supervision of the Commissioner of Corrections unless the State’s Attorney
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demonstrates by clear and convincing evidence at the hearing that continued
treatment and supervision is necessary to prevent the person from becoming a
substantial risk of bodily injury to another person.
          (C)(i) The State’s Attorney shall make a reasonable effort to provide
the victim with prior notice of any hearing held pursuant to this subdivision
(5). The court may continue the hearing if the victim has not been provided
with the notice required by this subdivision (C)(i).
            (ii) At any hearing under this subdivision (5), the court shall ask if
the victim is present and, if so, shall offer the victim the opportunity to be
heard. The court may consider any views offered at the hearing by the victim,
including the victim’s views concerning the offense and preferences for the
person’s placement and care. If the victim is not present at the hearing, the
court shall ask whether the victim has expressed oral or written views
concerning the offense and preferences for the person’s placement and care,
and, if so, the court may consider those views.
      (6)(A) If the court finds that the person’s competency cannot be
restored, and finds by clear and convincing evidence that the 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 to one year directed to the
Commissioner of Disabilities, Aging, and Independent Living for placement in
a designated program in the least restrictive environment consistent with the
person’s need for custody, care, and habilitation. The order of commitment
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shall have the same force and effect as an order issued under 18 V.S.A. chapter
206, subchapter 3 and persons committed under the order shall have the same
status, and the same rights, including the right to receive care and habilitation,
to be examined and discharged, and to apply for and obtain judicial review of
their cases, as persons ordered committed under 18 V.S.A. chapter 206,
subchapter 3.
          (B)(i) The Commissioner shall provide appropriate custody, care, and
habilitation in a designated program to a person committed under subdivision
(A) of this subdivision (6).
            (ii) The court may order continued treatment at the forensic
facility for a period not to exceed one year if the court finds that the
Commissioner is not currently able to provide appropriate custody, care, and
habilitation in a designated program. For good cause shown, the court may
extend the one-year period by an additional period not to exceed six months.
          (C)(i) The court shall review an order of continued treatment issued
pursuant to subdivision (B)(ii) of this subdivision (6) every 90 days.
            (ii) If the court finds at the review that appropriate custody, care,
and habilitation can be provided to the person in a designated program, the
court shall vacate the order for continued treatment and order the person
committed to the custody of the Commissioner pursuant to subdivision (A) of
this subdivision (6).
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            (iii) If the court finds at the review that appropriate custody, care,
and habilitation cannot be provided to the person in a designated program, the
court shall order continued treatment at the forensic facility pursuant to
subdivision (B)(ii) of this subdivision (6).
          (D) The Commissioner may at any time certify to the court that
appropriate custody, care, and habilitation can be provided to the person in a
designated program, and after such a certification the court shall vacate the
order for continued treatment and order the person committed to the custody of
the Commissioner pursuant to subdivision (A) of this subdivision (6).
          (E) As used in this subdivision (6), “Commissioner” means the
Commissioner of Disabilities, Aging, and Independent Living.
   (d) Except as provided in subdivisions (c)(4)(A), (c)(5), and (c)(6)(A) of
this section, the person shall remain at the forensic facility until the person is
restored to competency or until there is a final disposition of the charges
against the person.
   (e) The person shall receive competency restoration services while at the
forensic facility according to a plan approved by the Agency of Human
Services Medical Director. Such services shall include any appropriate
combination of medication, education, accommodations, habilitation, or other
services identified as necessary or proper to achieve and maintain competency
to stand trial. The person’s refusal to receive competency restoration services
shall not be grounds for release or dismissal from the forensic facility.
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   (f) Competency restoration services shall be provided to the person at the
forensic facility, or at another location as part of a discharge plan, until the
person is restored to competency or until there is a final disposition of the
charges against the person.
   (g)(1) As appropriate for the needs of the person, the Agency of Human
Services Medical Director, in consultation with the Commissioner of Mental
Health; of Health; or of Disabilities, Aging, and Independent Living, shall
actively monitor compliance with orders issued pursuant to subdivision (c)(5)
of this section. Upon request from the Agency of Human Services Medical
Director, the court shall immediately order the return of a person to the
forensic facility if:
          (A) the person was released from the facility pursuant to subdivision
(c)(5) of this section; and
          (B) the Agency of Human Services Medical Director has reason to
believe that the person has a qualifying condition and that the person’s
continued release would create a substantial risk of bodily injury to another
person.
      (2) The Agency of Human Services Medical Director shall notify the
court where the person was committed upon return of the person to the forensic
facility. Upon readmission, the court shall hold a hearing at which the State’s
Attorney shall have the burden of establishing by clear and convincing
evidence that the person has a qualifying condition and that the person’s
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continued release would create a substantial risk of bodily injury to another
person. If the State’s Attorney meets its burden, the court shall order the
person readmitted to the forensic facility for treatment pursuant to this section.
If the State’s Attorney does not meet its burden, the court shall order the
person restored to the status the person had when the person was returned to
the facility.
   (h) The Agency of Human Services Medical Director shall receive prior
approval of the Criminal Division of the Superior Court where the person’s
underlying criminal charge is pending for any competency restoration plan
involving involuntary medication. The court shall not approve involuntary
medication unless the State’s Attorney establishes by clear and convincing
evidence that:
      (1) the involuntary medication is medically appropriate;
      (2) the involuntary medication serves the important governmental
interests of bringing to trial an individual accused of a serious crime and
ensuring a fair, timely prosecution;
      (3) the involuntary medication significantly furthers these important
governmental interests by making it substantially likely to render the defendant
competent to stand trial; and
      (4) any alternative, less intrusive treatments are unlikely to achieve the
same results.
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   (i) When an evaluation of the person’s competency or restorability is
required under this section, the defense shall be entitled to conduct an
independent evaluation and introduce the results at the hearing.
Sec. 10. 13 V.S.A § 4819a is added to read:
§ 4819a. FORENSIC FACILITY PLACEMENT FOR PERSONS
          NOT GUILTY BY REASON OF INSANITY FOR CERTAIN
          CRIMES
   (a)(1) A person who is charged with an offense punishable by a life
sentence and is found not guilty only by reason of insanity at the time of the
offense charged shall be committed to a forensic facility pursuant to this
section. This section shall not be construed to prohibit the temporary transfer
of a person requiring inpatient treatment through an order of hospitalization
pursuant to 18 V.S.A. § 7619 or section 4822 of this title.
      (2) The committing court shall retain jurisdiction over the person for all
proceedings under this section.
   (b)(1) A hearing shall be held by the court where the person was tried
within 60 days following admission to the forensic facility, unless that period
is extended by the court.
      (2) Prior to the date of the hearing, the court shall order that a forensic
risk assessment of the person be conducted that includes:
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             (A) the person’s history and present dangerousness;
             (B) a description of any tests that were employed and the results of
the tests;
             (C) the examiner’s findings;
             (D) the examiner’s opinion as to whether the person’s release would
create a substantial risk of bodily injury to another person; and
             (E) recommendations for evidence-based treatment and supervision
that would support the individual’s success and mitigate risk of aggression and
violence.
      (3) The results of all evaluations shall be supplied to the court and the
parties to the underlying criminal action.
      (4)(A) At the hearing, the court shall order the person committed to the
forensic facility if the State’s Attorney establishes by clear and convincing
evidence that the person has a qualifying condition that, upon the person’s
release, would create a substantial risk of bodily injury to another person.
             (B) If the State’s Attorney does not establish by clear and convincing
evidence that the person has a qualifying condition that, upon the person’s
release, would create a substantial risk of bodily injury to another person, the
court shall enter an order releasing the person pursuant to subdivisions
(e)(3)(A) and (B) of this section.
             (C) Notwithstanding any other provision of law or rule, witnesses at
the hearing shall be permitted to provide testimony remotely.
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   (c) A person committed to the forensic facility pursuant to this section shall
not be released until the court finds pursuant to subsection (e) of this section
that the person no longer has a qualifying condition that, upon the person’s
release, would create a substantial risk of bodily injury to another person.
   (d) The Agency of Human Services Medical Director shall, taking into
account public safety and the least restrictive conditions applicable, provide
adequate care and individualized treatment at the forensic facility to persons
ordered committed pursuant to this section. In order that the Medical Director
may adequately determine the nature of the person’s condition and needs, all
persons committed pursuant to this section shall be promptly examined by
qualified personnel in order to provide a proper evaluation, diagnosis, and
treatment plan.
   (e)(1)(A)(i) The State’s Attorney shall petition the committing court for
review of the person’s commitment:
                  (I) six months after the date that the person is committed
pursuant to subdivision (b)(4)(A) of this section;
                  (II) three years after a commitment order issued following a
review under subdivision (I) of this subdivision (i);
                  (III) every fifth year after a commitment order issued following
a review under subdivision (II) of this subdivision (i); and
                  (IV) at any time upon certification at any time to the Secretary
of Human Services by the Agency of Human Services Medical Director that
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the person no longer has a qualifying condition that, upon the person’s release,
would create a substantial risk of bodily injury to another person.
              (ii) The Secretary of Human Services shall provide all reports
required under this section to the State’s Attorney, who shall file them with the
petition.
            (B)(i) A person committed pursuant to subdivision (b)(4)(A) of this
section may petition the committing court for release on the grounds that the
person no longer has a qualifying condition that, upon the person’s release,
would create a substantial risk of bodily injury to another person.
              (ii) A petition shall not be filed pursuant to this subdivision (B):
                 (I) until at least 90 days after the issuance of the commitment
order pursuant to subdivision (b)(4)(A) of this section; and
                 (II) more frequently than once during each applicable period
set forth in subdivision (A)(i) of this subdivision (e)(1).
      (2) If the State’s Attorney establishes by clear and convincing evidence
that the person has a qualifying condition that, upon the person’s release,
would create a substantial risk of bodily injury to another person, the court
shall deny the petition and order the person committed to the forensic facility
for continued treatment pursuant to this section.
      (3) If the State’s Attorney does not establish by clear and convincing
evidence that the person has a qualifying condition that, upon the person’s
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release, would create a substantial risk of bodily injury to another person, the
court shall:
          (A) order the release of the person under a prescribed regimen of
medical, psychiatric, or psychological care or treatment, including supervision
and housing, that the Agency of Human Services Medical Director has
certified as appropriate; and
          (B) order, as an explicit condition of supervision, that the person
comply with the prescribed regimen of evidence-informed medical,
psychiatric, or psychological care or treatment, including supervision and
housing, together with any other conditions appropriate to protect the public.
   (f) As appropriate for the needs of the person, the Agency of Human
Services Medical Director, in consultation with the Commissioner of Mental
Health; of Health; or of Disabilities, Aging, and Independent Living, shall
actively monitor compliance with orders issued pursuant to subdivision (e)(2)
of this section. Upon request from the Agency of Human Services Medical
Director, the court shall immediately order the return of the person to the
forensic facility if the Medical Director determines that the person is
noncompliant with the order and that the noncompliance may create a risk of
bodily injury to another person. The Agency of Human Services Medical
Director shall notify the court where the person was committed upon return of
the person to the forensic facility. Upon readmission, the court shall hold a
hearing at which the State’s Attorney shall have the burden of establishing by
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clear and convincing evidence that the person was noncompliant with the
court’s order for conditional release and that the noncompliance creates a risk
of bodily injury to another person.
   (g)(1) The State’s Attorney shall provide the victim with prior notice of any
hearing held pursuant to this section. The court may continue the hearing if the
victim has not been provided with the notice required by this subdivision.
      (2) At any hearing under this section, the court shall ask if the victim is
present and, if so, shall offer the victim the opportunity to be heard. The court
may consider any views offered at the hearing by the victim, including the
victim’s views concerning the offense and preferences for the person’s
placement and care. If the victim is not present at the hearing, the court shall
ask whether the victim has expressed oral or written views concerning the
offense and preferences for the person’s placement and care, and, if so, the
court may consider those views.
Sec. 11. 13 V.S.A. § 4826 is added to read:
§ 4826. FORENSIC FACILITY; DEFINITIONS
   (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 capacity to permit the
proceedings to go forward.
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          (B) “Forensic facility” means the interim forensic and competency
restoration program established by emergency rules adopted pursuant to Sec.
12 of this act, which shall be a locked secure facility where:
             (i) the Agency of Human Services provides for the secure
competency restoration, evaluation, stabilization, treatment, and care of
persons with a qualifying condition who are involved in the legal system and
who do not require a hospitalization level of care; and
             (ii) a person is transferred pursuant to subsections 4815a(a) and
4819a(a) of this title.
          (C) “Qualifying condition” means any condition whether mental,
congenital, or traumatic, however acquired or developed, or any other
circumstance that resulted in the person being determined:
             (i) incompetent to stand trial; or
             (ii) not guilty by reason of insanity.
      (2) The evaluations required by this chapter may be conducted pursuant
to contracts entered into between the Commissioner of Buildings and General
Services and evaluation providers.
      (3) Prior to any hearing under section 4815a or 4819a of this title, the
person shall be required, at the request of a party, to permit an expert
assessment of the person’s competency, forensic risk, or restorability to
competency.
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   (b) The Secretary of Human Services shall establish and operate a locked
secure forensic facility for the competency restoration, evaluation,
stabilization, treatment, and care of persons who have been transferred
pursuant to subsections 4815a(a) and 4819a(a) of this title. The forensic
facility’s clinical, forensic, and competency restoration services shall be
overseen by the Agency of Human Services Medical Director. The forensic
facility shall:
      (1) be designed and operated in a manner that supports therapeutic,
recovery-oriented, and trauma-informed programming while maintaining
appropriate levels of safety and security;
      (2) not refuse any persons it is ordered to admit and shall not require any
clinical or diagnostic prerequisites for admission;
      (3) provide for the safe competency restoration, evaluation, treatment,
stabilization, and care of persons, including the ability to separate the
population by sex or gender and to otherwise address clinical, safety, or
operational considerations as appropriate, including the possible operation of
multiple facilities;
      (4) follow the direction of the Agency of Human Services Medical
Director, who shall oversee all forensic, clinical, and competency restoration
services provided to transferred persons;
      (5) implement staff qualifications, licensure, training, and supervision
requirements that are sufficient to ensure that persons transferred to the
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forensic facility have access to clinically appropriate care, treatment, services,
and supports consistent with individual needs and with applicable professional
standards;
      (6) ensure that a registered nurse licensed pursuant to 26 V.S.A. chapter
28 or a physician licensed pursuant to 26 V.S.A. chapter 23 or 33 is available
to provide care to transferred persons as clinically necessary;
      (7) ensure that persons receive clinically appropriate assessment and
treatment planning and competency restoration plans, as appropriate, including
the development of an initial person-specific treatment plan within 72 hours
following transfer, which shall be reviewed periodically as clinically indicated;
      (8) ensure that clinical services and programming include psychiatric
care, management of medications, education about court procedures,
habilitation, and trauma-informed care, as appropriate;
      (9) continue to provide evaluation, treatment, stabilization, and care of a
resident who has regained competency while the resident awaits and
participates in the resident’s trial;
      (10) provide residents with interpreters, as appropriate;
      (11) implement grievance and appeals procedures; and
      (12) implement a process for reporting instances of death or serious
bodily injury to residents of the forensic facility to the Agency of Human
Services Medical Director.
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   (c) Any records related to a person placed at the forensic facility shall be
exempt from public inspection and copying under the Public Records Act and
shall be kept confidential, except that:
      (1) the records shall be made available to the parties in the underlying
criminal case upon request; and
      (2) the person’s health care providers may, with the person’s
permission, view forensic facility records of the person’s psychiatric
assessments at the facility, including assessments of the person’s competency
to stand trial and criminal responsibility.
   (d) Persons shall be admitted to and maintained at the forensic facility
pursuant to sections 4815a and 4819a of this title and in proceedings under
those sections shall be entitled to have counsel appointed from Vermont Legal
Aid to represent them.
   (e) The Secretary of Human Services shall regularly consult with the
Agency of Human Services Medical Director and the Commissioners of
Corrections; of Mental Health; of Health; and of Disabilities, Aging, and
Independent Living when performing the duties required by this chapter for
operating the forensic facility.
   (f) The Agency of Human Services Medical Director and an evaluator
submitting a report pursuant to sections 4815a and 4819a of this title shall
testify at any hearing under those sections if requested by the court or a party.
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Sec. 12. EMERGENCY RULEMAKING; INTERIM FORENSIC
           AND COMPETENCY RESTORATION PROGRAM
   (a) On or before December 31, 2026, the Secretary of Human Services, in
consultation with the Departments of Corrections; of Health; of Mental Health;
and of Disabilities, Aging, and Independent Living, shall adopt emergency
rules pursuant to 3 V.S.A. chapter 25 to establish an interim forensic and
competency restoration program that shall be effective on July 1, 2027, and
shall operate pending the completion of a permanent forensic facility. The
emergency rules shall establish for the interim forensic and competency
restoration program, consistent with the standards and procedures of Secs. 9,
10, and 11 of this act:
        (1) clinically appropriate standards governing the provision of services
in the forensic and competency restoration program, including requirements
related to staffing patterns and ratios; staff qualifications; where the person is
placed within a Department of Corrections facility; licensure and training;
clinical supervision; and the delivery of safe, effective, evidence-informed
care;
        (2) standards for quality assurance and improvement; clinical oversight;
documentation and reporting requirements; safety and risk management
protocols; and mechanisms for monitoring compliance;
        (3) the manner in which the Department of Corrections would cooperate
with and obtain necessary information from other departments about persons
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released under supervision from the forensic and competency restoration
program;
      (4) opportunities and cost estimates for persons who would be eligible
for placement at the forensic facility to receive, while the development of a
forensic facility in Vermont is pending, competency restoration services within
a Vermont correctional facility, provided that the entity that provides the
services shall not be under contract with the Department of Corrections;
      (5) victim notification procedures, including:
          (A) which events within the program will trigger victim notification;
          (B) who will provide victim notification and by what methods;
          (C) how victims will be informed of their right to receive
notifications; and
          (D) the processes that will permit victims to opt in and opt out of
receiving notifications; and
      (6) any other provisions necessary to ensure the safe, effective, and
clinically appropriate implementation of Secs. 9, 10, and 11 of this act,
including potentially requiring the provision of forensic services in a unit that
is separate from other correctional populations.
   (b) The emergency rules adopted pursuant to this section shall:
      (1) be deemed to have met the standard for emergency rulemaking set
forth in 3 V.S.A. § 844(a);
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        (2) notwithstanding 3 V.S.A. § 844(b), remain in effect until July 1,
2029; and
        (3) be repealed on July 1, 2029.
Sec. 13. REPEALS
  Secs. 9–11 shall be repealed on July 1, 2029.
Sec. 14. EFFECTIVE DATES
  (a) This section, Sec. 1, Sec. 3, and Secs. 6–13 shall take effect on July 1,
2026.
  (b) Secs. 2, 4, and 5 shall take effect on July 1, 2029.
Date Governor signed bill: June 16, 2026
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