Appropriations committee advances bill authorizing DOC-run forensic services, no direct appropriation included

The Senate Appropriations Committee voted to move S.193 out of committee after a staff overview and testimony from the commissioner of corrections on March 19.

Katie McLean of the Office of Legislative Council told the committee S.193 would create a statutory process for people to be placed in a forensic facility operated by the Department of Corrections and narrowed eligibility to people charged with serious violent crimes who have been found incompetent to stand trial or not guilty by reason of insanity. McLean said the bill, as circulated, does not define detailed facility structures; instead it includes rulemaking authority and a report-back requirement to provide specifics on where and how services would be delivered.

John Mad, who identified himself as commissioner of the Vermont Department of Corrections, told the committee he was not fully briefed on the latest amendment language but said the proposal does not, in his view, require building a new locked hospital. "This does not represent a significant change to our operations," Mad said. He said many of the people the bill is designed to serve are already in DOC custody and that the department would rely on expanded contracted clinical services — naming the department's vendor Wellpath — to provide competency-restoration work that DOC does not currently deliver in-state.

Committee members pressed staff on timing and costs. Counsel said the bill includes phased rulemaking and later effective dates for the court-process provisions and that a report due in October should provide more detail on costs. Both counsel and the commissioner said the bill contains no appropriation; Mad said the primary likely fiscal impact would be amendments to the Wellpath contract to add competency-restoration services and some rulemaking expense.

Senator Norris asked whether Wellpath currently provides competency-restoration services to three to five individuals in DOC custody; Mad said Wellpath provides competency-restoration services for other states but that DOC does not yet have an in-state mechanism to deliver that service. Mad said providing competency-restoration inside correctional facilities would be safer and would clarify that individuals accused of serious crimes remain within correctional settings while competency issues are addressed.

Following the testimony and discussion, a senator moved to advance S.193; the clerk called the roll and multiple senators were recorded as voting yes. The transcript records 'yes' votes from several members, though some responses and spellings in the spoken roll call were incomplete or inconsistent in the record. The committee recessed to address other agenda items and expects the bill to proceed to further committee consideration elsewhere in the Senate.

What happens next: the bill will receive further committee consideration (legislative counsel noted a Health and Welfare amendment is circulating and that Judiciary will take up the measure the next day), and the October report required by the bill should provide a clearer estimate of any contract or operational costs.