Two of the seven bills that Gov. Phil Scott signed into law Tuesday set out specific law enforcement roles in supporting emergency and mental health care providers. Two others create changes in the treatment of criminal defendants with severe mental illness or deficits and where they will be treated.
A fifth brings Vermont’s gun control regulations in line with federal laws banning straw purchases and tampering with serial numbers on guns, and ensures that the prosecution of crimes by juveniles involving guns, illegal drug sales and human trafficking begin in criminal court.
A sixth new law requires standardization of school safety plans and procedures, while a seventh addresses cancer risks among professional and volunteer firefighters.
For Scott, the overarching theme in the group is public safety, which he called “a primary responsibility for any government” when he announced his actions.
“These bills make Vermont an even safer place to live and raise a family,” he said.
Mental health transports
The signing of S.47 clarifies in law that police and sheriff’s departments are responsible for transporting a person to a court-ordered emergency mental health exam.
A mental health clinician may apply to the court for a warrant for the exam, and may transport someone if circumstances allow. However, it’s not likely that a provider will be able to safely provide transportation, said Dillon Burns, mental health services director with Vermont Care Partners, which represents the state’s designated mental health agencies.
“We’re talking about a person who has been found to be at risk of (being) a harm to themselves or others,” Burns said. “So it’s a very rare and extreme circumstance.”
The new law also requires that soft restraints be available in all law enforcement vehicles and that they be prioritized for use in these cases where possible, instead of “mechanical restraints” such as handcuffs. Also, a warrant must be based on behavior observed by the clinician or a law enforcement officer, or a signed statement from a third party.
Out-of-control patients
The second law, S.36, answers a plea by dozens of health care providers for more assistance from law enforcement in managing out-of-control patients or their visitors in hospitals and other emergency medical settings.
With its passage, law enforcement officers no longer need a warrant to arrest someone for misdemeanor threatening against a health care worker or for fighting or engaging in other violent behavior that interferes with medically necessary health care services.
The news was welcomed by Tom Dee, president and CEO of Southwestern Vermont Medical Center in Bennington. He testified, along with several members of his staff, about the workplace violence that doctors and nurses face on a regular basis.
“In the heat of the moment, they need to be able to have law enforcement people step in,” Dee said. Previously, unless police observed the activity themselves, only a citation could be issued. “It doesn’t solve the problem, but it’s an important step in the right direction,” he said.
Dee specifically praised the efforts of Sen. Dick Sears, D-Bennington, chair of the Senate Judiciary Committee, on this bill.
Scott also praised Sears. “Several of these bills would not have made it across the finish line without his hard work,” he said in his statement.
Gun control
Another bill that Sears helped craft was signed Tuesday: S.4, one of three pieces of firearms legislation passed by the Legislature this year.
Scott has maintained in recent years that he doesn’t believe Vermont needs to further beef up gun control laws since he famously signed a large package into law in 2018. But he told reporters during the legislative session that he found S.4 agreeable, since it largely brought Vermont state law in line with federal gun laws.
In particular, S.4 mirrors recently enacted federal laws banning straw purchasing — when someone buys a gun that is given to someone else who could not legally have purchased it — and tampering with serial numbers on guns.
Still awaiting action later this week is H.230, the more controversial of this year’s gun legislation. Scott’s office has signaled he is unlikely to sign into law.
S.4 also changes the court of initial jurisdiction from family court to criminal court for certain cases against people ages 14 to 21, specifically that involve drug dealing, human trafficking or carrying a dangerous weapon while committing a felony. It also increases the monetary penalty for a landlord or homeowner who knowingly allows their buildings to be used for selling illegal drugs or human trafficking from $1,000 to $15,000.
Competency evaluations
Another bill signed into law Tuesday, S.91, makes several changes in the procedures around court-ordered competency evaluations. Specifically, it separates the process for competency hearings from the process related to seeking a defense based on insanity, and directs the Department of Mental Health and the Department of Aging and Independent Living, or DAIL, to report on a framework for competency restoration by November 15.
Also, the law now establishes that when a person is found not competent to stand trial and is taken into the custody of either department, the conditions that the court set on bail will stand when they are released. For example, someone ordered held without bail for a violent crime would be transferred directly to the custody of the Department of Corrections.
In addition, S.91 also clarifies that a court may order subsequent evaluations after an initial one, but only if there is clinical evidence that a person’s competency may have changed. It also allows an arrest warrant to be issued for a defendant who fails to appear for a competency evaluation.
Finally, the law allows the Department of Mental Health to contract with doctoral-level psychologists trained in forensic psychology to conduct competency evaluations for one year, while the Joint Legislative Justice Oversight Committee considers whether this change should become permanent. Currently, Vermont is one of just a few states that requires evaluations be performed only by psychiatrists, but the department was recently held in contempt of court in part because of an ongoing backlog of evaluations.
S.89, S.138 and S.73
- Another new law, S.89, directs the Department of Mental Health to establish a nine-bed forensic facility inside the building that currently houses the Vermont Psychiatric Care Hospital in Berlin for people committed to their care involved in the criminal justice system. The plan for staffing is due to the Legislature by next February, with an opening expected by July 1 of that year. A working group is being convened this summer to determine whether someone similarly in the custody of DAIL who is charged with a crime should be placed there, with a report due by December.
- In the education sphere, S.138 requires all public and independent schools to develop “access control and visitor management” and “all-hazards emergency operations plan” policies according to guidelines set by the Agency of Education. The access policy must at minimum require that all school sites and supervisory union and district offices lock exterior doors during the school day and require visitor sign-in. Also, the bill sets a schedule for the widespread phase-in of schools’ use of behavioral threat assessment teams, with a model set of policies and procedures developed this year, and implementation by July 1, 2025.
- Finally, S.73 adds lung, thyroid, breast and reproductive system cancers to the list of cancers for which a firefighter may be able to claim workers’ compensation benefits. It also recommends studying how the state might pay fully or partially for annual cancer screenings for firefighters in both professional and volunteer roles.
Sarah Mearhoff contributed reporting.