Vermont § 4816 - Scope of examination; report; evidence

§ 4816. Scope of examination; report; evidence

• (a) Examinations provided for in section 4815 of this title shall have reference to the mental competency of the person examined to stand trial
  for the alleged offense. (b) A competency evaluation for an individual thought to have developmental disability
  shall be a current evaluation by a doctoral-level psychologist trained in forensic
  psychology and skilled in assessing individuals with developmental disabilities. (c) As soon as practicable after the examination has been completed, the examining psychiatrist
  or, if applicable under subsection (b) of this section, the psychologist shall prepare
  a report containing findings in regard to the applicable provisions of subsection
  (a) of this section. The report shall be transmitted to the court issuing the order
  for examination, and copies of the report sent to the State’s Attorney, to the respondent,
  to the respondent’s attorney if the respondent is represented by counsel, to the Commissioner
  of Mental Health, and, if applicable, to the Department of Disabilities, Aging, and
  Independent Living. (d) No statement made in the course of the examination by the person examined, whether
  or not the person has consented to the examination, shall be admitted as evidence
  in any criminal proceeding for the purpose of proving the commission of a criminal
  offense or for the purpose of impeaching testimony of the person examined. (e) The relevant portion of a psychiatrist’s report or of a report conducted pursuant
  to subsection 4814(d) of this title by a doctoral-level psychologist trained in forensic psychology shall be admitted
  into evidence as an exhibit on the issue of the person’s mental competency to stand
  trial and the opinion shall be conclusive on the issue if agreed to by the parties
  and if found by the court to be relevant and probative on the issue. (f) Introduction of a report under subsection (e) of this section shall not preclude either
  party or the court from calling the psychiatrist or psychologist who wrote the report
  as a witness or from calling witnesses or introducing other relevant evidence. Any
  witness called by either party on the issue of the defendant’s competency shall be
  at the State’s expense, or, if called by the court, at the court’s expense. Notwithstanding
  any other provision of law or rule, if called as a witness, the psychiatrist or psychologist
  who wrote the report shall be permitted to provide testimony remotely. (Added 1969, No. 20, § 3; amended 1995, No. 134 (Adj. Sess.), § 2; 2009, No. 146 (Adj. Sess.), § C25a; 2009, No. 156 (Adj. Sess.), § F.6; 2021, No. 57, § 1; 2023, No. 28, § 4, eff. July 1, 2023; 2023, No. 161 (Adj. Sess.), § 11, eff. June 6, 2024; 2023, No. 137 (Adj. Sess.), § 22, eff. July 1, 2024.)