§ 4823 - Findings and order; persons with mental retardation - Vermont Statutes

§ 4823. Findings and order; persons with mental retardation

(a) If the court finds that such person is a person in need of custody, care and habilitation as defined in section 8839 of Title 18, the court shall issue an order of commitment directed to the commissioner of disabilities, aging, and independent living for care and habilitation of such person for an indefinite or limited period in a designated program.

(b) Such order of commitment shall have the same force and effect as an order issued under section 8843 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 habilitation, to be examined and dicharged, and to apply for and obtain judicial review of their cases, as persons ordered committed under section 8843 of Title 18.

(c) Section 4822 of this title shall apply to persons proposed for discharge under this section; however, judicial proceedings shall be conducted in the district court in which the person then resides, unless the person resides out of state in which case the proceedings shall be conducted in the original committing court. (Added 1987, No. 248 (Adj. Sess.), § 6; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 23.)