§ 4822 - Findings and order; mentally ill persons - Vermont Statutes

§ 4822. Findings and order; mentally ill persons

(a) If the court finds that such person is a person in need of treatment or a patient in need of further treatment as defined in section 7101 of Title 18, the court shall issue an order of commitment directed to the commissioner of developmental and mental health services, which shall admit the person to the care and custody of the department of developmental and mental health services for an indeterminate period. In any case involving personal injury or threat of personal injury, the committing court may issue an order requiring a court hearing before a person committed under this section may be discharged from custody.

(b) Such order of commitment shall have the same force and effect as an order issued under sections 7611-7622 of Title 18, and persons committed under such an order shall have the same status, and the same rights, including the right to receive care and treatment, to be examined and discharged, and to apply for and obtain judicial review of their cases, as persons ordered committed under sections 7611-7622 of Title 18.

(c) Notwithstanding the provisions of subsection (b) of this section, at least 10 days prior to the proposed discharge of any person committed under this section the commissioner of developmental and mental health services shall give notice thereof to the committing court and state's attorney of the county where the prosecution originated. In all cases requiring a hearing prior to discharge of a person found incompetent to stand trial under section 4817 of this title, the hearing shall be conducted by the committing court issuing the order under that section. In all other cases, when the committing court orders a hearing under subsection (a) of this section or when, in the discretion of the commissioner of developmental and mental health services, a hearing should be held prior to the discharge, the hearing shall be held in the Vermont district court, Waterbury circuit to determine if the committed person is no longer a person in need of treatment or a patient in need of further treatment as set forth in subsection (a) of this section. Notice of the hearing shall be given to the commissioner, the state's attorney of the county where the prosecution originated, the committed person and the person's attorney. Prior to the hearing, the state's attorney may enter an appearance in the proceedings and may request examination of the patient by an independent psychiatrist, who may testify at the hearing.

(d) The court may continue the hearing provided in subsection (c) of this section for a period of 15 additional days upon a showing of good cause.

(e) If the court determines that commitment shall no longer be necessary, it shall issue an order discharging the patient from the custody of the department of developmental and mental health services.

(f) The court shall issue its findings and order not later than 15 days from the date of hearing. (Added 1969, No. 20, § 9; amended 1977, No. 95, § 1, eff. May 5, 1977; No. 252 (Adj. Sess.), § 38; 1987, No. 248 (Adj. Sess.), § 5; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3.)