Vt. Stat. tit. 18 § 8839

Current through L. 2024, c. 185.

Section 8839 - Definitions

As used in this subchapter:

(1) "Commissioner" means the Commissioner of Disabilities, Aging, and Independent Living.

(2) "Designated program" means a program designated by the Commissioner as adequate to provide in an individual manner appropriate custody, care, and habilitation to persons with intellectual disabilities receiving services under this subchapter.

(3)

(A) "Person in need of continued custody, care, and habilitation" means a person:

(i) who was previously found to be a person in need of custody, care, and habilitation;

(ii) who poses a danger of harm to others; and

(iii) for whom appropriate custody, care, and habilitation can be provided by the Commissioner in a designated program.

(B) As used in this subdivision (3), a danger of harm to others shall be shown by establishing that, in the time since the last order of commitment was issued, the person:

(i) has inflicted or attempted to inflict serious bodily injury to another or has committed an act that would constitute sexual conduct with a child as defined in 13 V.S.A. § 2821 or lewd and lascivious conduct with a child as provided in 13 V.S.A. § 2602 of this title; or

(ii) has exhibited behavior demonstrating that, absent treatment or programming provided by the Commissioner, there is a substantial likelihood that the person would inflict or attempt to inflict physical or sexual harm to another.

(4) "Person in need of custody, care, and habilitation" means a person:

(A) with an intellectual disability, which means significantly subaverage intellectual functioning existing concurrently with deficits in adaptive behavior that were manifest before 18 years of age;

(B) who has inflicted or attempted to inflict serious bodily injury to another or who has committed an act that would constitute sexual conduct with a child as defined in 13 V.S.A. § 2821 or lewd and lascivious conduct with a child as provided in 13 V.S.A. § 2602; and

(C) for whom appropriate custody, care, and habilitation can be provided by the Commissioner in a designated program.

(5) "Victim" has the same meaning as in 13 V.S.A. § 5301(4).

18 V.S.A. § 8839

Amended by 2024, No. 137,§ 26, eff. 7/1/2024.

Added 1987, No. 248 (Adj. Sess.), § 9; amended 2013, No. 96 (Adj. Sess.) , § 114; 2013, No. 158 (Adj. Sess.) , § 11, eff. 7/1/2017; 2015 , No. 23, § 66; 2015, No. 97 (Adj. Sess.), § 51; 2017, No. 113 (Adj. Sess.) , § 103.