2015 Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 157 - Insanity As A Defense
§ 4817-2 Competency to stand trial; determination
[Section 4817 effective until July 1, 2017; see also section 4817 effective July 1, 2017 set out below.]
§ 4817. Competency to stand trial; determination
(a) A person shall not be tried for a criminal offense if he or she is incompetent to stand trial.
(b) If a person indicted, complained or informed against for an alleged criminal offense, an attorney or guardian acting in his or her behalf, or the State, at any time before final judgment, raises before the court before which such person is tried or is to be tried, the issue of whether such person is incompetent to stand trial, or if the court has reason to believe that such person may not be competent to stand trial, a hearing shall be held before such court at which evidence shall be received and a finding made regarding his or her competency to stand trial. However, in cases where the court has reason to believe that such person may be incompetent to stand trial due to a mental disease or mental defect, such hearing shall not be held until an examination has been made and a report submitted by an examining psychiatrist in accordance with sections 4814-4816 of this title.
(c) A person who has been found incompetent to stand trial for an alleged offense may be tried for that offense if, upon subsequent hearing, such person is found by the court having jurisdiction of his or her trial for the offense to have become competent to stand trial. (Added 1969, No. 20, § 4.)
[Section 4817 effective July 1, 2017; see also section 4817 effective until July 1, 2017 set out above.]
[Section 4817 effective July 1, 2017; see also section 4817 effective until July 1, 2017 set out above.]
§ 4817. Competency to stand trial; determination
(a) A person shall not be tried for a criminal offense if he or she is incompetent to stand trial.
(b) If a person indicted, complained, or informed against for an alleged criminal offense, an attorney or guardian acting in his or her behalf, or the State, at any time before final judgment, raises before the court before which the person is tried or is to be tried, the issue of whether the person is incompetent to stand trial, or if the Court has reason to believe that the person may not be competent to stand trial, a hearing shall be held before the Court at which evidence shall be received and a finding made regarding his or her competency to stand trial. However, in cases where the Court has reason to believe that the person may be incompetent to stand trial due to a mental illness, developmental disability, or traumatic brain injury, the hearing shall not be held until an examination has been made and a report submitted by an examining psychiatrist in accordance with sections 4814-4816 of this title.
(c) A person who has been found incompetent to stand trial for an alleged offense may be tried for that offense if, upon subsequent hearing, the person is found by the court having jurisdiction of his or her trial for the offense to have become competent to stand trial. (Added 1969, No. 20, § 4; amended 2013, No. 158 (Adj. Sess.), § 5, eff. July 1, 2017.)
Disclaimer: These codes may not be the most recent version. Vermont may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
