The term "psychopathic personality" as used in this chapter means those persons who by a habitual course of misconduct in sexual matters have evidenced an utter lack of power to control their sexual impulse, and who, as a result, are likely to attack or otherwise inflict injury, loss, pain or other evil on the object of their uncontrolled desire.

The Persons who, because of mental deficiency or psychopathic Personality, violate the criminal laws of the state or are guilty of gross immoral conduct should be hospitalized and treatment provided for them, until such time as their mental condition no longer constitutes a threat topublic welfare. The commissioner may supervise and control such defective delinquents or psychopathic persons as have been committed by the duly established courts of law to penal or mental institutions within the state.

The commissioner may establish wards or quarters at any hospital or school under his jurisdiction for the care, custody, and psychiatric treatment of defective delinquent or psychopathic persons so that they may be kept apart from other classes of state wards.

When a person is convicted of a felony or is convicted of a misdemeanor for the third time, the court before which the matter is heard, upon its own motion or upon motion by the prosecuting officer or by the commissioner and before sentence, may order the convicted person to be committed to such institution in the state as may be designated by the commissioner for that purpose, to be there held for such time as may be necessary for an adequate psychiatric examination to determine if the convicted person is a defective delinquent or has a psychopathic personality, thereby constituting a threat to the public welfare, or who is thereby dangerous to be at large in the community. The report of the examination shall be sent to the court ordering the examination and a copy thereof to the committee.

If, upon due hearing, the court finds the convicted person to be a defective delinquent or psychopathic personality thereby constituting a threat to the public welfare or to be dangerous while at large in the community, the court shall order the convicted person committed to a penal or mental institution within the state designated by the commissioner. The commissioner shall thereafter from time to time re‐examine that convicted person as requested by the court and make report thereon. The court may upon its own motion or upon motion of the commissioner order further hearings as required, if, in the opinion of the commissioner, a person committed hereunder can be cared for more properly in another mental or penal institution within the state, either for his own benefit or for more adequate protection of the public, the commissioner may petition the court for an order for his transfer to the other institution.

Any person confined under an order of court may be discharged from confinement only by order of the court in which the commitment order was made. If the original commitment order was made in a court other than a county court, the person may be discharged from confinement upon order of the county court for the county from which the original commitment was made. Upon his discharge from confinement the person shall be returned for sentence to the court wherein he was convicted.

When a person confined in the state prison, house of correction, women's reformatory or a jail for a specified time or for life, becomes mentally ill, he may be removed to the Vermont state hospital only upon the order of the governor, based upon such expert examination as to mental condition as the governor directs, there to remain until the expiration of the term for which he was committed.

If, before the expiration of his term, the person in the judgment of the head of the hospital no longer requires hospitalization, he shall be returned, upon the order of the governor, to the institution to which he was originally committed and confined therein for the remainder of such term.

The jailer, warden, superintendent or other acting head of a jail, penal or reformatory institution shall bring to the attention of the commissioner, all cases of persons confined to an institution under their charge believed to be mentally ill and in need of care and treatment at the state hospital.

The head of a hospital shall notify the commissioner at least thirty days prior to the expiration of the sentence of a mentally ill person who has been or may be transferred to a hospital from a penal institution or jail. Thereupon, the commissioner, if the public safety requires, shall proceed to have that person legally admitted to a hospital under section 7601 et seq. of this title.

Any expenses incurred under this chapter shall be paid by the state.

It is the policy of the state to prevent procreation of mentally defective and mentally ill persons, when the public welfare and the welfare of those persons likely to procreate can be improved by voluntary sterilization under this chapter.

When two physicians and surgeons legally qualified to practice in the state examine a person resident of the state, and decide:

(1) that that person is mentally defective or mentally ill and likely to procreate mentally defective or mentally ill persons if not sexually sterilized; (2) that the health and physical condition of that person will not be injured by the operation of vasectomy, if a male, or the operation of salpingectomy, if a female; (3) that the welfare of that person and the public welfare will be improved if that person is sterilized as aforesaid; and (4) whether that person is or is not of sufficient intelligence to understand that he or she cannot procreate children after the operation is performed, and the examiners make and sign duplicate certificates setting forth those facts and make oath thereto before a justice of the peace or notary public, it shall be lawful for any other physician and surgeon, legally qualified to practice in the state, when presented with the certificate, to perform the operation, provided: (A) he decides that the welfare of that person and the public welfare will be improved by the operation; (B) that person has requested in writing on the certificates that the operation be performed, if the certificates show that that person is of sufficient intelligence to understand that he or she cannot procreate children after the operation is performed; or (C) the natural or legal guardian of that person has requested in writing on the certificates that the operation be performed, if the certificates show that that person is not of sufficient intelligence to understand that he or she cannot procreate children after the operation is performed; and (D) the person voluntarily submits to the operation .

After performing the operation, the physician and surgeon shall endorse on each of the duplicate certificates when and where he performed the operation, keep one of the certificates and mail the other, postage prepaid, to the commissioner.

When a person is being supported by the state in an institution in the state, the commissioner, with the approval of the board, may contract with two competent physicians and surgeons, not in the employment of the state, at a price not exceeding $10.00 for each physician and surgeon to examine those mentally ill or mentally defective persons that he has reason to believe should be sterilized. If they so certify the commissioner may contract with a competent physician and surgeon, not in the employment of the state, to perform the operation at a price not exceeding $25.00 for males and $50.00 for females and to contract with a hospital for the necessary care and nursing of the person. Those expenses shall be paid by the state and charged against the appropriation for the support of the institution.