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Senate committee reviews amendments to S.193 to set up forensic facility; DOC says it can implement competency-restoration services
Summary
On March 19, 2026 the Vermont Senate Institutions Committee reviewed amendments to S.193 that would create a secure forensic facility for competency restoration; DOC Commissioner John Mirat said the department largely supports the bill but expects to need expanded contract services and time to implement. Haley Summer of DOC said contractor Wellpath testified it can adapt programs to Vermont requirements.
The Vermont Senate Institutions Committee met March 19, 2026 to consider amendments to S.193, a miscellaneous judiciary bill that would establish a forensic facility and set clinical and procedural requirements for competency-restoration services. Legislative counsel walked members through newly added language, reporting requirements and revised rulemaking timelines.
Legislative counsel told the committee the draft adds a clause (subdivision 6) requiring that the forensic facility ensure a registered nurse (licensed pursuant to 26 VSA 28) or a physician (licensed pursuant to 26 VSA 22 or 33) be available to provide care to transferred persons 24 hours a day, seven days a week. Counsel also described an added annual reporting requirement for the Department of Corrections (DOC), a switch from emergency to permanent rulemaking with an 18-month window for rules, and a tiered set of effective dates tied to rulemaking and interim reporting.
“For the record, John Mirat, Commissioner for the Department of Corrections,” Mirat said after being invited to comment. He told the committee DOC views the bill as “largely what we currently do” and said the legislation would formalize DOC’s role as the default custodian for accused individuals who are not competent to stand trial. Mirat estimated the current population affected is small—“fewer than a dozen”—and said the department does not currently provide competency restoration in-house. He said implementation would likely require an increase in DOC’s contract with its health-care provider (Wellpath) to secure competency-restoration services.
Mirat described the bill’s purpose as enabling DOC to restore competency so defendants can face trial and receive constitutionally required due process. He added that in some cases—such as traumatic brain injury or developmental delay—restoration may not be possible and those situations would be handled differently under the proposed structure.
Committee members asked whether the effective dates could be accelerated if rulemaking proceeded more quickly. Counsel and DOC representatives said dates could be amended, but counsel cautioned that adding contingency language can create ambiguity and urged careful drafting. Mirat said a January 2028 timeframe referenced in the draft would give DOC time to negotiate expanded services with Wellpath and to staff the program.
Haley Summer, DOC’s director of communications, confirmed the department had not seen the final iteration but reported no immediate red flags in the version they had reviewed. Summer said Wellpath had testified in a House committee that it could modify its treatment program to meet a state’s specific statutory requirements and “didn’t seem to indicate any issue” in being able to fulfill the specified services.
The committee also discussed a recently added line about separating forensic-facility populations by sex; one senator suggested language recognizing gender alongside sex would be more appropriate. Members noted that many stakeholders had already signed off on the current language and any change would be subject to House review.
The committee did not take a formal vote at the meeting; members said they would decide individually whether to sign on to the amendment and planned to wait briefly for Legislative Council before finalizing sign-ons. The session then moved on to other business.
