Vermont Competency Restoration: Policy Landscape and Pathways

Those involved in criminal proceedings in the United States must be "competent to stand trial," meaning they must understand their charges, the consequences of the charges, legal processes and participants, and opportunities to participate in their own defense. Individuals deemed "incompetent" to stand trial have: 1) a potential mental disorder/cognitive impairment, and 2) a resulting deficit in their ability to participate in their case. In such cases, court proceedings are suspended. Some states have implemented formal competency restoration programs as targeted interventions for those deemed incompetent while other states have pursued more informal programming. This report explores the question: What policy and program options are available to Vermont to address competency-related issues in the criminal justice system that would effectively balance legal due process requirements, clinical treatment needs, stakeholder interests, and broader public health and safety concerns?
First, we discuss the context for competency restoration in Vermont, describing the current competency process and previous legislative action on competency. Next, we describe our research methodology for analysis: five case studies of forensic/competency programs utilizing comparative analyses, stakeholder interviews, and a review of public literature and data. We subsequently establish the policy landscape surrounding competency in our five case studies: New Hampshire, Massachusetts, Connecticut, Rhode Island, and Vermont. Finally, we provide 6 policy pathways for Vermont (see Figure 1), including both formal and informal competency restoration programs. Ultimately, this report describes the landscape and provides potential pathways for the Vermont House Committee on Judiciary to consider in implementing policies related to competency restoration.