Judiciary Committee Update

 

In the past week, the Judiciary Committee has continued its effort to reform Vermont’s criminal justice system through initiatives to reduce incarceration rates, recidivism, and the collateral consequences of having a criminal record while ensuring public safety. The Committee passed a number of bills related to this effort.

H.213 advances the goal of providing access to treatment courts in the criminal division of the Superior Court. In an extensive findings section, the bill explains how such courts work and the benefits they achieve, including reducing recidivism. The bill would establish an Adult Treatment Courts Special Fund to expand geographic access to such courts. In addition, it would establish a Mobile Adult Treatment Court Pilot Program to provide access to treatment dockets in multiple counties across the State. Funding for the effort would have to be established by the money committees, but the bill includes suggested funding sources including a surcharge on requests for criminal history records from the Vermont Crime Information System.

H.503 would reform Vermont’s bail and probation laws. It would restrict imposition of an appearance bond at the initial court appearance of a person cited for certain misdemeanors. In addition, it would significantly change the process of summons and arrests of probationers who have violated conditions of probation. Rather than always arresting a probationer who has violated conditions, a correctional officer would have the option to cite the individual into court. Also at arraignment, the court will have the option to impose bail and/or conditions of release on an individual who has violated conditions of probation rather than continued detention as is currently required.

H.308 would establish a committee of legislators to reorganize and reclassify Vermont’s criminal statutes. In the 2013-14 legislative session, the Vermont Legislature passed Act 61, which created a working group to review all of Vermont’s criminal penalties and its sentencing structure. The group recommended a structure that included five classes of misdemeanors (Classes A through E) and five classes of felonies (Classes A through E), with tiered maximum imprisonment terms and maximum fines. H.308 would allow for the next step in providing a consistent and rational criminal code in Vermont. The committee’s primary task would be to propose placement of each of Vermont’s over 850 criminal offenses into one of the classification offense categories. The proposal of the committee would be taken up in the 2018 legislative session.

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