VT- Report to the Vermont General Assembly: Civil Commitment of Dangerous Predators

2005

EXECUTIVE SUMMARY
Discussion and testimony on the Governor’s proposed Safe Communities Act during the 2005 Legislative Session included planning for the structure and resources required to implement a civil commitment program for Vermont. Those plans were based on an examination of other states which have adopted civil commitment programs and an analysis of the Vermont offender population. This document expands on that effort and presents a comprehensive plan for the program.

Included in this Report is a close examination of the population which might be considered for civil commitment, the process for screening individual cases for referral, the adjudicatory process for determining whether an offender is a Sexually Violent or Dangerous Violent Predator, and the specific and detailed plan to enhance offender treatment and public safety.

The public safety of the people of the State of Vermont requires that certain offenders who, at the time of their release from total confinement, pose a significant risk of further harm to others must be placed in a secure setting where further treatment to reduce that risk can occur. Certain offenders include those who have committed the following predicate offenses:

· Aggravated Sexual Assault
· Sexual Assault
· Lewd and Lascivious Conduct with a Child
· Aggravated Murder
· Kidnapping
· Aggravated Assault

The hope is that every person civilly committed will successfully engage in treatment to such a degree that they no longer pose a threat of harm to others and qualify for a full discharge from the program.

We recommend that the program for these certain offenders provide for a secure environment, with treatment consistent with accepted clinical protocols. As part of our recommendation, we envision that the program will be managed by the Commissioner of Health, and that he will have the authority and discretion to enter into any contract to ensure that secure placement and clinically appropriate treatment are provided. Courts have found it acceptable to house such committed offenders within a corrections facility as long as there is only incidental contact with the general population. We will accomplish this by redesignating the Close Custody Unit at Northern State Correctional Facility for the sole purpose of housing civil commitment offenders.

This unit will accommodate a maximum of 10 offenders, and cost $430,000 to $600,000 per year to operate, depending upon occupancy. This will provide Vermont with the beds needed to meet the projected demand of 9 civil commitment offenders over the next ten years.

At the request of the Legislature, we have also discussed Community Residential Care Program options and provided attending costs. We do not recommend this course of action for public safety, as well as financial reasons, since the placements will be extremely dangerous high risk offenders who have a mental abnormality or personality disorder that has not been successfully treated. We urge the Vermont General Assembly to enact law to implement a process and program for the civil commitment of sexually violent and other dangerous violent predators. ..more.. by Departments of Health, Public Safety and Corrections