Vermont § 3118 - Commitment to Veterans’ Administration or other agency of U.S. government

§ 3118. Commitment to Veterans’ Administration or other agency of U.S. government

• (a) Whenever, in a proceeding under the laws of this State for the commitment of a person
  alleged to be of unsound mind or otherwise in need of confinement in a hospital or
  other institution for his proper care, it is determined after such adjudication of
  the status of such person as may be required by law that commitment to a hospital
  for mental disease or other institution is necessary for safekeeping or treatment
  and it appears that such person is eligible for care or treatment by the Veterans’
  Administration or other agency of the U.S. government, the court, upon receipt of
  a certificate from the Veterans’ Administration or such other agency showing that
  facilities are available and that such person is eligible for care or treatment there,
  may commit such person to such Veterans’ Administration or other agency. The person
  whose commitment is sought shall be personally served with notice of the pending commitment
  proceeding in the manner as provided by the law of this State; and nothing in this
  chapter shall affect his right to appear and be heard in the proceedings. Upon commitment,
  when admitted to a facility operated by such agency within or without this State,
  such person shall be subject to the rules and regulations of the Veterans’ Administration
  or other agency. The chief officer of a facility of the Veterans’ Administration
  or institution operated by another agency of the United States to which the person
  is so committed, with respect to such person, shall be vested with the same powers
  as superintendents of State hospitals for mental diseases within this State with respect
  to retention of custody, transfer, parole, or discharge. Jurisdiction is retained
  in the committing or other appropriate court of this State at any time to inquire
  into the mental condition of the person so committed, and to determine the necessity
  for continuance of his restraint, and all commitments pursuant to this chapter are
  so conditioned. (b) The judgment or order of commitment by a court of competent jurisdiction of another
  state or of the District of Columbia, committing a person to the Veterans’ Administration,
  or other agency of the U.S. government for care or treatment shall have the same force
  and effect as to the committed person while in this State as in the jurisdiction in
  which is situated the court entering the judgment or making the order; and the courts
  of the committing state, or of the District of Columbia, shall be deemed to have retained
  jurisdiction of the person so committed for the purpose of inquiring into the mental
  condition of such person, and of determining the necessity for continuance of his
  or her restraint; as is provided in subsection (a) of this section with respect to
  persons committed by the courts of this State. Consent is hereby given to the application
  of the law of the committing state or district in respect to the authority of the
  chief officer of a facility of the Veterans’ Administration, or of an institution
  operated in this State by another agency of the United States to retain custody, or
  transfer, parole, or discharge the committed person. (c) Upon receipt of a certificate of the Veterans’ Administration or such other agency
  of the United States that facilities are available for the care or treatment of a
  person heretofore committed to a hospital for the insane or other institution for
  the care or treatment of persons similarly afflicted and that such person is eligible
  for care or treatment, the superintendent of the institution may cause the transfer
  of such person to the Veterans’ Administration or other agency of the United States
  for care or treatment. Upon effecting such transfer, the committing court or proper
  officer thereof shall be notified thereof by the transferring agency. A person shall
  not be transferred to the Veterans’ Administration or other agency of the United States
  if he or she be confined pursuant to conviction of a felony or misdemeanor or if he
  or she has been acquitted of the charge solely on the ground of insanity, unless prior
  to transfer, the court or other authority originally committing such person shall
  enter an order for such transfer after appropriate motion and hearing. (d) A person transferred as provided in this section shall be deemed to be committed to
  the Veterans’ Administration or other agency of the United States pursuant to the
  original commitment.