[A] House committee is reviewing two bills that could change the way certain people are released from state custody and how victims are notified.
The House Judiciary Committee heard testimony Wednesday on the two separate, yet related, bills.
The first bill, H. 555, proposes to change the way someone who has been deemed incompetent to stand trial in criminal cases is released from the custody of the Department for Mental Health.
Those individuals are referred to DMH for treatment, where they may be hospitalized or otherwise treated.
The legislation would require the courts to hold a discharge hearing for people who have been accused of serious crimes before they leave Department of Mental Health custody. Currently, if someone remains in DMH custody for longer than 90 days, a discharge hearing is not required.
Windsor County State’s Attorney David Cahill, who is also acting director of the Department of State’s Attorneys and Sheriffs, supports the proposal.
“Really what we’re talking about here is when the mental health response is coming to its end, is that response sufficient to protect the public, and should there be any oversight of that?” Cahill said.
A court discharge hearing would be an opportunity to balance the interest of victims and public safety, Cahill said.
Victims’ rights advocates would like to amend the bill to ensure any victims of a crime are notified before the hearing, and that they be given an opportunity to speak before a decision to discharge is made.
Cahill said the bill would “close a loophole,” because it’s possible for defendants to leave Department of Mental Health custody without a hearing, even if the judge initially ordered a hearing. If DMH holds someone past the first 90 days, there needs to be a renewed court order — which generally does not include a requirement for a hearing.
Defender General Matt Valerio strongly objects to the legislation.
Valerio said the proposal is “blatantly unconstitutional.” When someone is deemed incompetent, their case moves from the criminal court to the civil arena. At that point, the state is represented by the Department of Mental Health — not a state’s attorney, as in a criminal case.
Valerio noted that there is currently a case pending with the Vermont Supreme Court that relates to state’s attorneys’ involvement when someone deemed to be incompetent to stand trial is discharged from treatment.
Victim notification
A second piece of legislation, H.533, under review by the House Judiciary Committee seeks to standardize when victims of crimes should be notified of the alleged perpetrator’s release.
H.533 clarifies how victims in criminal cases are told when an alleged or convicted perpetrator is released from state custody.
Under the current system, victims are notified when a perpetrator is released from prison, but they may not be told if that person is coming off parole, or being released from state-supervised mental health treatment.
The bill would also require victim notification if a domestic violence suspect is released shortly after an arrest. A person could be arrested on suspicion of domestic assault, brought to the police station, processed and released on conditions within a few hours. This bill would mandate that law enforcement let the alleged victim know that the person has been released.
Auburn Watersong, of the Vermont Network Against Domestic and Sexual Violence, said the group wants to make ensure that notification policies are “clear and consistent.”
Victims want “to know in advance before this person comes out to have some time to safely plan,” Watersong said. That could be letting their child’s school know about the situation, or going through the process to get a relief from abuse order.
Cpt. Ingrid Jonas, who heads support services for the Department of Public Safety, supports the bill. Law enforcement does try to inform victims of the status of alleged abusers after an arrest. Notifying victims is “basically intuitive,” she said.
