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Debate over S.193 centers on who should lead competency restoration and role of private contractor
Summary
Lawmakers pressed Department of Mental Health and Department of Corrections officials on S.193, a narrow proposal to house and provide competency restoration for people accused of the most serious crimes; concerns focused on DOC custody, contractor (Wellpath) conflicts, and operational details (staffing, rulemaking, and safeguards).
Emily Hawes, commissioner of the Vermont Department of Mental Health, told the House committee that S.193 is aimed at a narrow group: people charged with serious offenses whose competency is in question but who are no longer in an acute phase of illness. "This bill with S.193 looks to support the folks who are coming into the competency conversation with a broader diagnostic challenge," Hawes said, adding that hospital-level care remains available for those who meet medical necessity.
The bill would authorize the state to provide competency-restoration services in a locked, secure forensic facility; Hawes and other agency staff described an existing memorandum of understanding between DMH and the Department of Corrections used to coordinate inpatient placements and consultations. Karen Barber, general counsel for DMH, told the committee the agencies "do have an MOU that is in place between the Department of Mental Health and…
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