Joint House committees review draft of S.193 to set rules, timeline for state forensic facility

Montpelier — House lawmakers on May 6 reviewed a consolidated draft of S.193 that would establish a state forensic facility to provide competency restoration, evaluation, stabilization, treatment and extended care for people involved in the criminal justice system who are not currently hospitalized.

Legislative counsel summarized eligibility and process provisions central to the debate. The draft ties placement to four conditions that must all be met: the person must be charged with an offense punishable by life; be held without bail (or, if not held without bail, pose a substantial risk of bodily injury on release); not be currently receiving treatment under an order of hospitalization; and have been found incompetent to stand trial. “You’ve gotta look at 1, 2, 3 and 4, and all of those have to be in place,” the committee heard from staff explaining the draft.

The bill would require an initial review six months after placement and periodic judicial reviews thereafter. Committee counsel said the Agency of Human Services medical director could make clinical determinations — including a finding that a resident is unlikely to regain competency — at any time, which would trigger a court hearing. “They’re perpetually at the facility without having their status reviewed. There’s gonna have to be a review, at least every 6 months,” a counsel member said while explaining the…