House Appropriations panel reviews amendment to S.193 to set up interim forensic restoration program

The House Appropriations Committee on May 26 reviewed Amendment Draft 5.1 to S.193, a measure that would create an interim forensic and competency restoration program to operate while a permanent forensic facility is developed.

Representative Martin Malone (South Burlington), chair of the House Judiciary Committee, told the panel that "overall, what the amendment does is it puts in place an interim forensic and competency restoration program while we await the permanent forensic facility to be put in place." He said the amendment adjusts appropriations to allow AHS to proceed with planning and feasibility work but prevents construction or "fit up" in fiscal year 2027 without further legislative enactment.

The amendment distinguishes the agencies' roles during the interim period: Malone and other drafters say the Department of Corrections (DOC) would take a larger security and supervisory role for people in the interim program while the Agency of Human Services (AHS) and its medical director would remain responsible for clinical services and treatment. "DOC will be providing the security for those individuals," Malone said, while AHS would provide treatment and programming.

Office of Legislative Council attorney Eric Fitzpatrick told the committee that many sections of the amendment reprint existing law so selected provisions can take effect now while the version meant to be permanent would take effect in 2029. "The sections in this version go into effect now," Fitzpatrick said, and he noted the interim structure is intended to operate for a defined three-year period until the permanent facility becomes effective in 2029.

Drafters built a rulemaking schedule into the amendment. Committee members were told emergency rules must be developed by the end of the calendar year and that the interim program itself would not be effective until July 1, 2027, creating a roughly six-month window for the Legislature to review rules produced under the emergency process.

A committee member raised concerns about outcomes tracking and data-sharing across agencies, asking whether the amendment mandates a unified tracking system for treatment, supervision, and any subsequent offenses. The transcript records the question as: "I was looking at AI asking that question ... it says here that this is mandating a unified tracking system that will help with that." Malone said he would defer to Legislative Council on the exact drafting and observed that the initial interim population "is going to be such a small population ... We're talking about five, six people." The committee also discussed access to protected health information for DOC supervisors to fulfill medication and supervision requirements.

A staff member identified in the transcript as Katie read the C1 appropriations language being proposed: "Funds appropriated to the Agency of Human Services and its departments in fiscal year 27 shall be used to complete the feasibility plan required by this section and any other planning activities necessary to implement this act. But absent further legislative enactment of the General Assembly, the agency and its department shall not expend funds in fiscal year 27 for construction or fit up." The language clarifies that AHS may do planning work in FY27 but may not use appropriations to build or fit out facilities without later legislative approval.

The committee took a verbal straw poll on support for Draft 5.1; several members voiced assent. The chair said the committee would inform Representative Malone of the committee's position. The transcript does not record a formal, binding roll-call vote on the amendment in this meeting.

Next steps noted in the meeting included continued rulemaking and reporting requirements: AHS is expected to provide status reports to the Joint Justice Oversight Committee (with dates referenced in the amendment), emergency rules are to be promulgated by year-end, and the interim program is scheduled to become effective on July 1, 2027, unless the Legislature acts otherwise. The committee also discussed potential out-of-state placements where clinically appropriate programming can be provided during the interim period.