Vermont Senate Concedes House Changes, Preserves Goal of Secure Forensic Care in S.192

The Vermont Senate on the final morning of its session agreed to concur with the House proposal of amendment to S.192, an act addressing admissions criteria and processes for forensic facilities, while adopting a further amendment from Senate Health and Welfare.

Senator from Chittenden Southeast, who presented the amendment on the floor, said the bill as the Senate passed it was “very much about finding a secure forensic facility for the care of people who have been accused of crimes, who are incompetent to stand trial, who have a mental illness or intellectual disability.” The senator asked the full Senate to support a proposal that restores reference to a possible secure forensic facility in the bill’s purpose section and directs state agencies to propose alternatives if a dedicated forensic facility is not available.

The adopted Senate amendment authorizes the Commissioner of Mental Health to seek treatment placements at secure residential recovery settings or psychiatric residential treatment facilities for youth regardless of prior hospitalization orders, and directs the Department of Disabilities, Aging and Independent Living to propose options for secure community-based residences, including staffing and cost estimates. The amendment also adds language identifying stakeholders and organizations to be consulted, including Vermont Legal Aid, Vermont Care Partners and Green Mountain Self-Advocates.

During floor debate, the senator from Caledonia asked whether the bill conflated legal concepts, specifically whether the terms “insanity” and “intellectual disability” were interchangeable for purposes of adjudication and commitment. The presenting senator responded that “the term insanity is a legal standard that’s used for both mental illness and intellectual disabilities, and in this case the reference is appropriate,” clarifying the bill uses the legal standard rather than a purely clinical definition.

After debate and a brief recess for consultation, the Senate voted by voice on whether to concur with the House proposal and the further Senate amendment; the presiding officer announced the ayes had it and the Senate concurred.

The amendment leaves in place multiple due-process improvements the Health and Welfare committee had advanced and adds a directive (section 27) for the Department of Disabilities, Aging and Independent Living to propose alternative secure residential options with staffing and cost estimates for individuals in the Commissioner’s custody who require a higher level of care than presently available. The action now will be messaged to the House consistent with Senate procedure.

Next steps: the Legislature’s ongoing work on forensic language will continue in follow-up committee meetings noted by senators after adjournment.