Vermont 2023-2024 Regular Session

Vermont House Bill H0207

Introduced
2/8/23  

Caption

An act relating to acquittal by reason of insanity in criminal cases

Impact

The proposed legislation will modify section 4819 of the Vermont statutes, fundamentally altering how insanity acquittals are communicated in court. By clarifying that an acquitted defendant will face mental health treatment instead of release, the bill seeks to improve public safety by ensuring that individuals deemed dangerous receive appropriate care and monitoring. The intent is to prevent any ambiguity about the implications of an insanity verdict, contributing to a more informed judicial process.

Summary

House Bill 0207 addresses the legal framework surrounding acquittals by reason of insanity in criminal cases. The bill proposes a significant change in jury instructions, mandating that jurors be informed that a defendant found 'guilty, but insane' and deemed dangerous will be committed to the Department of Mental Health. This change aims to enhance the understanding of potential outcomes related to insanity verdicts among jurors, thereby impacting their decision-making processes.

Contention

While the bill seeks to strengthen public safety and clarity, it may raise concerns regarding the rights of defendants and the interpretations of insanity defenses. Critics might argue that changing the terminology to 'guilty, but insane' could lead to stigma, impacting the perception of individuals with mental health issues. Additionally, the emphasis on public safety in relation to mental health could lead to debates about adequate resources for mental health services and the potential for disproportionate effects on marginalized individuals relying on these services.

Companion Bills

No companion bills found.

Previously Filed As

VT HB2972

Relating to persons who are acquitted by reason of insanity in a criminal case.

VT HB3774

Relating to the insanity defense and persons found not guilty by reason of insanity in a criminal case.

VT A3479

Expands pretrial risk assessment to include acquittals for reasons of insanity.

VT SB1623

Relating to certain persons who are acquitted by reason of insanity in a criminal case and who are dangerous to the person's self.

VT HB2159

Relating to the insanity defense in a criminal case.

VT HB2973

Relating to the insanity defense in a criminal case.

VT HB1150

Relating to the insanity defense in a criminal case.

VT SB168

Relating to the insanity defense in a criminal case.

VT S0008

An act relating to appointing counsel to represent a person found incompetent to stand trial or not guilty by reason of insanity

VT S0091

An act relating to competency to stand trial and insanity as a defense

Similar Bills

No similar bills found.