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Senate Judiciary debates standards for release hearings and structure of forensic facility in S.193
Summary
Senate Judiciary members continued markup of S.193, focusing on whether to require a pre-release 'hold without bail' hearing, who bears the burden to prove safety for release, the evidentiary standard (preponderance vs. clear and convincing), and which agency would operate a proposed forensic facility. Members agreed to seek judge and agency input before finalizing language.
The Senate Judiciary Committee on Feb. 18 continued markup of S.193, a bill that would create hearings and procedures for people found not guilty by reason of insanity and address operation of a proposed forensic facility. Chair (unnamed) opened the session saying the committee would revisit decision points from the prior day and prepare questions for Thursday’s witnesses.
Lead counsel Eric told the committee it must decide who carries the burden and what proof standard should apply in release hearings for people committed after an NGRI finding. He warned that Vermont currently has no statute like this and that “assuming something passes… this shouldn’t be a surprise. And, of course, it will be litigated,” meaning choices…
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