Senate Judiciary hears agencies back amendment to S.193 to require therapeutic forensic facility; DMH and DOC voice support

The Senate Judiciary took testimony March 20 on draft 5.3 of S.193, an amendment that would formalize clinical standards and reporting for a proposed locked forensic facility intended to provide competency restoration and treatment to people accused of serious crimes but found not currently competent to proceed.

Kar, general counsel for the Vermont Department of Mental Health, said the Health and Welfare and Institutions committees focused amendments on clinical operations and that the draft now documents in statute that the facility "shall be operated in terms of it being therapeutic, recovery-oriented and trauma-informed." Kar told the committee the amendment strengthens clinical oversight, adds reporting requirements including an interim report due in October, and contemplates regular (non-emergency) rulemaking timelines.

"We are in support of the amendments," Kar said, adding the language clarifies the agency's expectation to provide continuous mental-health care and to establish clinical standards in statute. Kar also noted the amendment anticipates timing for implementation: certain sections take effect July 1, the facility-related provisions are written to take effect Jan. 1, 2028, and annual reporting would begin July 1, 2029; the agency expects the referenced facility could be open by July 1, 2026 under current assumptions.

John Murad, commissioner of the Vermont Department of Corrections, told the committee the DOC is "supportive of this language and supportive of this bill," saying the department already provides many of the custodial services described and can add competency-restoration services, though that may require amending existing contracts with healthcare providers. "We are prepared to try and roll out [competency restoration] in our own facility," Murad said.

Committee members pressed agencies on staffing and facility scope. One senator asked whether staffing references meant adding healthcare employees or correctional staff; Murad said DOC does not currently plan changes to custodial staffing levels (CO1/CO2 and supervisors) to meet these needs, and that the amendment primarily envisions adding clinical resources to support restoration services.

The bill text also includes phrasing that the forensic facility could include "the possible operation of multiple facilities if required by the clinical needs of transferred persons." Committee members asked whether that language obligates construction of several new sites. DOC and DMH representatives said the intent is flexibility rather than a mandate: Vermont already operates secure facilities that separate populations by sex (for example, women in Chittenden Regional Correctional Facility and others at Southern State Correctional Facility), and the clause is meant to allow separation or placement in less-restrictive, therapeutic settings when clinically appropriate.

Agency witnesses and committee members emphasized the amendment aims to reduce ambiguity about whether people accused of serious offenses but found incompetent should be housed in custodial settings or in clinical, therapeutic environments. As Kar explained, the statute is intended to standardize placement and services so individuals receive treatment that supports due process and community safety.

No motions or votes were recorded during the session. The committee postponed additional debate until Senator Lions and legislative counsel were available to present; both were expected later in the morning.