Vermont

Below are the key provisions of the state's competency statutes and court rules. It is important to note jurisdictions may have informal procedures in addition to the rules listed. The information provided is limited to what is contained in the written rules and statutes and does not include any case law or analysis of how these rules have been interpreted or applied. Users are encouraged to use this data as a starting point for understanding the competency processes in the state and how those processes compare to other states.

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Key Information

Relevant Statutes and Rules

Vt. Stat. Ann. tit. 13, §§ 4814-4817, 4820-4822 

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

Vt. Stat. Ann. tit. 13, § 4816(c) (West)

Qualifications of examiners

Examining psychiatrist or [if defendant is thought to have developmental disability] doctoral-level psychologist trained in forensic psychology and skilled in assessing individuals with developmental disabilities. 

Vt. Stat. Ann. tit. 13, § 4816(b), (c) (West)

What must the evaluation report contain

None stated.

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient only after hearing finding defendant is danger to himself/others.

Vt. Stat. Ann. tit. 13, § 4822(a); Vt. Stat. Ann. tit. 18, §7701(15), (16) (West)

What is the test for restorability

None stated.

What is the procedure after restoration

None stated.

What is the procedure if there is a finding of unrestorability

None stated.

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

None stated.

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

Inpatient: 90 days.

Vt. Stat. Ann. tit. 13, § 4822(a) (West)

National Database

Additional state-level data can be found in our Competency Data Summary Spreadsheets and accompanying Competence Information Guide.

See the full data

Disclaimer

The information provided on this website does not, and is not intended to, constitute legal advice. 

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