by Kelly Carroll

An open letter to Gov. Scott, Lt. Gov. Rodgers, and Speaker Krowinski:

Dear Members of the House Corrections and Institutions Committee, House Judiciary Committee, and House Health Care Committee,

I am writing following the Senate’s passage of S.193 today by a vote of 29–1 to respectfully urge that, upon its arrival in the House, it receive expedited and focused consideration.

This bill has already experienced delays in the Senate, and while it has now passed, the shortened timeline places added pressure on the House to act quickly. I understand the demands on your committees, but I hope this legislation will be treated with the urgency it deserves.

S.193 addresses a long-standing gap in Vermont’s system — the lack of a true forensic facility and a consistent path for competency restoration. Without that structure, individuals who are clearly in crisis and have demonstrated dangerous behavior often move through a cycle of short-term intervention and eventual release back into the community without meaningful supervision or restoration.

Our current system is also failing those in need of those mental health services, as well as the victims impacted by these cases. Individuals are often effectively warehoused in correctional settings while refusing or unable to participate in evaluations, resulting in prolonged court delays without meaningful treatment or progress toward restoration. At the same time, victims and families are forced to relive their trauma again and again through repeated postponements — often stretching on for years with no resolution in sight. This ongoing cycle is not only ineffective, it is deeply harmful — to the individual, to the courts, to public safety, and to the victims who are left waiting for accountability and closure.

This is not a theoretical issue.

My daughter, Emily, was murdered after clear warning signs and prior incidents, including one the evening before. The system had opportunities to intervene in a meaningful way, as recent as the night before her murder — and did not. Since then, I have worked with other families who have experienced similar tragedies. Despite repeated discussions and legislative efforts, the same gaps remain.

I recognize that there are important considerations regarding individual rights, and those must be respected. At the same time, victims and communities also have rights — including the right to expect that the State provides appropriate monitoring, supervision, programming, and treatment when someone has demonstrated they are a danger. While I understand Vermont’s approach to compassionate sentencing, public safety and the rights of victims and survivors must come first. Mental health challenges or disabilities warrant appropriate care, but they should not remove accountability when individuals have caused serious harm.

There is also a strong sense of déjà vu with this bill. A similar forensic facility proposal passed in 2023, only to have the facility component removed at the last moment in 2024 by the House Human Services Committee. I respectfully urge you to be mindful of that history as you consider S.193.

I would also urge the committee to carefully fact-check claims as you hear testimony. When you are told Vermont already has a forensic facility, please verify that with the Department of Mental Health because we do not.  When you are told Vermont has ample available beds or adequate existing capacity for this population, please verify that with DMH as well because we do not.  When Legal Aid tells you that there is no gap or need, I urge you to verify with DMH – because there is.   DMH is best positioned to speak to the actual gaps and limitations of Vermont’s current system. Given past experience on this topic, I would also strongly encourage you to carefully evaluate and verify information presented, especially from fellow legislators, so that decisions are grounded in accurate, consistent facts. Again, verify with DMH.

The reality is that Vermont currently has no secure, appropriate setting to house individuals who have demonstrated violent behavior and require both treatment and supervision. As a result, these individuals are often released back into the community or placed in community-based group homes that are not designed or staffed for this level of risk. These settings are not secure, and staff are not adequately equipped or trained to manage individuals with serious forensic needs. This creates real safety concerns not only for the public, but also for the staff and other residents in those homes. Tragically, we have already seen the consequences — a young woman was murdered as you were all finishing up the first half of your session last May in one of these community settings in Burlington.  Her killer had been found not competent, a danger to the public and placed in an unsecure community home. The caregiver was in the home at the time of the murder. This underscores the urgent need for a properly structured, secure forensic system.

S.193 is not a perfect bill, but it is a meaningful step forward.

Given the delays in the Senate and the limited time remaining in the session, I respectfully ask that your committees give this bill expedited attention so that it has a fair opportunity to move forward.

Public safety isn’t political.  It’s personal and Vermonters have been waiting a long time for meaningful action on this issue. It’s long overdue for real attention and I hope this is the moment it begins.

Thank you for your time and consideration.