The Judiciary Committee’s Work to Promote Public Safety

The overriding theme of the Judiciary Committee this session has been addressing pressing public safety concerns. Over the course of the session, the committee has addressed a range of specific criminal activities that have particularly affected the State, such as retail theft, auto theft, and unmarked ghost guns. Alongside these efforts, we worked to put broader systemic reforms in place including expanding restorative justice, providing significant additional resources to the criminal justice system, and restoring work crews, which benefit both the offenders and the judicial system.

Representatives from the Vermont courts, State’s Attorneys, the Defender General, as well as victim advocates and others emphasized to the Judiciary Committee that the two most effective factors to deter crime and improve public safety are 1) a high probability of being caught and 2) certain and quick consequences for criminal activity. The certainty and immediacy of consequences depend on a well-functioning, well-resourced criminal justice system.

One of the biggest challenges our court system currently faces is a backlog of cases that pre-dated the COVID pandemic. During the pandemic, fewer cases were filed, but those that were filed were not being processed. After the courts fully reopened, a surge in filings left the courts falling further behind.

The legislature’s primary lever to address the backlog is the State’s budget. The Judiciary Committee worked with the Appropriations and Ways and Means Committees to develop a two-year plan to ensure that all elements of the justice system have sufficient resources. To pay for the effort, the bill (H.880) would have increased a marginal corporate tax rate and certain investment company fees. By the second year, this revenue source would have fully funded the projected additional $17 million over budget, the amount needed to sufficiently resource the criminal justice system. This revenue source did not survive the Senate or the Conference Committee. Nevertheless, the legislature reached a partial solution, investing $8 million above the amount the Governor recommended. The extra resources will fund additional prosecutors, defenders, victim advocates, and court staff, which should help speed the processing of court cases so individuals will be held accountable for their actions as soon as possible after offending. But additional resources may be needed next year to address the court backlog in a timely manner and ensure the expeditious processing of cases, which is essential for public safety.

The Judiciary Committee passed other legislation to address public safety, including the following:

 Codifying Pre-Charge Diversion

A priority of the House Judiciary Committee this year was crafting a thoughtful new approach to restorative justice, which focuses on the rehabilitation of offenders through reconciliation with victims and the community at large. H.645 creates a path to accountability, overseen by the Attorney General’s Office, before alleged offenders enter the criminal justice system. Called “pre-charge diversion,” this approach could reduce the court backlog and, importantly, lead to better outcomes and closure for victims of crimes. Restorative justice centers victims’ needs, a stark contrast to the traditional criminal justice system, which focuses more on the offender. The bill also sets up improved data collection and takes small steps toward improved geographic justice. 

Pre-charge diversion occurs when individuals who commit low-level crimes are referred to community providers of restorative justice, such as community justice centers, instead of court. The bill would allow law enforcement or prosecutors to divert more offenders from the criminal justice system before they are charged with a crime. If an individual does not complete the restorative justice program, they would be referred to the traditional court system. 

Addressing Repeat Offenders of Retail Theft

There’s no question that retail theft is a major issue in several towns throughout Vermont, including South Burlington, and retailers have been clear in their request for legislative action.

As passed by the House and Senate, H.534 establishes increasingly severe penalties for repeat offenses of retail theft. We heard from numerous retail shop owners and employees about the brazenness with which a small group of offenders repeatedly steal items from their stores and their concern that there is little to no accountability for these thefts. This bill tries to address that, though the larger issue for accountability is the current court backlog. 

Expanding Offenses Related to Automobiles

H.563 is designed to close a few gaps in statute, including the surprising fact that current law does not prohibit a person from entering another person’s car without consent. This law is designed to encompass rummaging through someone’s car. Accidental entry into a vehicle thinking it is one’s own will not be criminalized.

This bill also creates a criminal violation for driving someone else’s car when you “should have known” that you did not have permission to do so. Current law only covers those cases where a defendant knows they did not have consent of the owner (what we typically think of as auto theft), but there are instances when the person should have known that they didn’t have consent. This will possibly be an easier standard for prosecutors to meet. 

Establishing a Pre-trial Supervision Program

Before trial, defendants may be release with a promise to abide by certain conditions, such as routine reporting to law enforcement, complying with a curfew, or staying away from certain individuals.  S.195 addresses conditions of pre-trial release and establishes a pre-trial supervision program aimed at helping defendants who have violated their conditions in the past or have five or more criminal cases pending. Several other states currently operate a pre-trial supervision program, but this would be a new step in Vermont.

The main purpose of imposing bail is to encourage people to engage with the court process, thereby increasing the likelihood that the defendant would appear. But bail can only be utilized under certain circumstances and presents obvious equity issues, as a person will remain in prison if they are unable to pay their bail. The pre-trial supervision program would offer various methods of monitoring (ranging from phone check-ins to electronic monitoring), as well as connection with pre-trial services, in an attempt to produce the same intended outcome as the imposition of bail without the financial incentive. 

The bill would also reinstitute community restitution (also known as work crew) as a sentencing option. Last year, the Department of Corrections ended this program, but we have heard from multiple witnesses (prosecutors, defenders, and the court) that work crew is an important tool for providing certain and swift consequences for persons charged with offenses such as retail theft. The program allowed courts to sentence low-risk offenders to pre-determined employment or community service for a maximum of 15 workdays within 60 days. So long as the offender fulfilled the work obligations, they would avoid prison time.

Modernizing Vermont’s Drug Law to Address Fentanyl and Xylazine

With drugs evolving, so too must the laws. S.58 adds xylazine to the controlled substances list, adjusts definitions, and reforms legal standards to hold individuals accountable. One big change is redefining the word “knowingly” so people who sell drugs under generic names like “uppers” and “downers” can’t avoid being held responsible for selling fentanyl and other exotic drugs. S.58 also removes a defense in cases with death resulting from selling drugs, where the law currently requires the prosecution to point to a single drug that caused the death—difficult when dealers are selling concoctions.

Raise the Age Delayed, Big 12 Amended

S.58 also delays the implementation of Vermont’s Raise the Age initiative, which would increase the age that an offender is considered a juvenile and thus eligible to have their case in family court rather than criminal court. The Department for Children and Families (DCF) testified that they lack the workforce, IT infrastructure, and physical infrastructure (a secure juvenile facility) to properly implement the next phase of Raise the Age. The bill delays until next April raising the juvenile offender age limit to 19 years old.

The bill also proposes adjustments to the list of the most severe offenses, known as the “Big 12.” It dictates whether alleged violations for older juveniles start in family or criminal court. It adds use of a firearm during a felony, trafficking regulated drugs, and aggravated stalking, while removing burglary into an occupied dwelling, bringing more consistency in the severity of crimes categorized under the Big 12. 

Expanded Protection for Victims of Domestic Violence

Forty percent of all calls to Vermont law enforcement for violent crimes are related to domestic violence. Any attempt to improve public safety must include efforts to prevent and address domestic violence.

H.27 is one such step. Passed by the House early this year, it adds “coercive controlling behavior” to the definition of abuse already in the civil statute, meaning that victims of such behavior may request a relief from abuse order.

During testimony, we heard chilling accounts of coercive controlling behavior that preceded physical violence, including domestic homicide. In one case, a woman’s husband removed the seats from the family minivan because he knew his wife would not drive her children in an unsafe vehicle. This action isolated her in their rural Vermont home, with no way to escape. He later killed her and their children. 

Current law requires those obtaining relief from abuse orders to prove that they have been physically harmed or are in fear of imminent physical harm. This bill aims to provide a pathway out of an abusive situation before physical violence occurs. 

H.27 complements three laws from last year that originated in the Judiciary Committee. Act 48 limits a convicted abuser’s ability to use the court system to continue harming a survivor. Called “abusive litigation,” this may take the form of frequent filing of motions or complaints that the survivor then needs to answer – costing them money, time, and a sense of actual safety or distance from their abuser.

Act 11 allows community justice centers (CJCs) to receive referrals of domestic or sexual violence cases under specific conditions. As many as 80% of victims never report their abuse, sometimes because they fear the typical criminal justice process. Opening the door to a restorative justice approach, which is entirely victim-centered and focused on repairing harm, may lead more victims to seek relief.

Act 8 bans child marriage. Vermonters who marry younger than 18 years old (89% of whom are girls) are more likely to be abused by their spouse and are at higher risk for a host of physical and mental health challenges. Previously, young girls could be married against their will with just one parent’s consent. Such marriages usually involved a man several years their senior. Married teen mothers are statistically less likely to finish high school than unwed mothers and more likely to spend their adult years in poverty. 

Other Work of the House Judiciary Committee During the Biennium

Preventing Suicides

Vermont’s suicide rate is 50% higher than the national average. This public health crisis drove the legislature’s work in 2023 on Act 45, which addresses suicide prevention. The vast majority of deaths by suicide in Vermont are caused by a firearm. A child who lives in a home with a gun has 440% more chance of suicide than one who does not. These staggering statistics required action, and Act 45 has already saved lives by reducing access to lethal means.

The Act requires a 72-hour waiting period for gun sales, a reasonable time period that will slow the impulsive actions that often lead to suicide. By creating penalties for negligent storage, parents are more likely to secure guns and children are less likely to find them. Household members are also empowered to directly petition a judge for an Extreme Risk Protection Order so they may remove guns from a home when someone is in crisis.

Regulating Ghost Guns and Guns at the Polls

At the intersection of drug laws and public safety, you will often find guns. House Judiciary worked at that intersection as we helped refine S.209, the Vermont Ghost Gun Act.

Vermont law enforcement officers have noted an increase in untraceable firearms – ghost guns – being used in the commission of various crimes, mainly those related to the drug trade. S.209 prohibits possession, sale, or transfer of firearms that do not bear a serial number. These guns can be assembled from parts (often sold in a kit) or printed using a 3D printer. Also troubling is the fact that individuals can possess such a gun without undergoing a background check. Under S.209, a person can still make a firearm on their own, but must bring it to a Federal Firearms Licensee to be serialized. They would also undergo a background check before the gun is returned to them.

The House Judiciary Committee added a provision that bans firearms at polling places during elections and early voting. The constitutionality of this law is well-established and the current political climate warrants increased protections of poll workers, candidates, and voters to ensure free and fair elections.

Proposition 4: Adding an Equal Rights Amendment to the Vermont Constitution

Proposition 4 is a constitutional amendment that would allow Vermont to join 22 other states that currently have equal rights clauses in their state constitution. Three others (in addition to Vermont) are actively pursuing the ratification of equal rights amendments.

Here is the full text of the amendment:

That the people are guaranteed equal protection under the law. The State shall not deny equal treatment under the law on account of a person’s race, ethnicity, sex, religion, disability, sexual orientation, gender identity, gender expression, or national origin. Nothing in this Article shall be interpreted or applied to prevent the adoption or implementation of measures intended to provide equality of treatment and opportunity for members of groups that have historically been subject to discrimination.

If the proposed amendment passes both the House and Senate again next year, it will reach Vermont voters in November 2026. This is an important (and overdue) step in requiring that all Vermonters must be treated equally.  

Protecting Health Care Providers and Patients

Last year, the legislature passed and the Governor signed Act 14 – also known as the Shield Law – which created the highest possible level of legal protection for Vermont-based providers of reproductive and gender-affirming health care (defined in the bill as “legally protected health care”), as well as patients receiving that care. The law also provides legal protections for any Vermont-based person or entity (e.g., health insurance company) who assists with or otherwise helps facilitate the provision of legally protected health care.  

With other states enacting draconian laws targeting both patients and providers, Vermont’s shield law blocks these attempts to create a chilling effect on important health care decisions made here.

Act 24 of 2023 also protects health care workers, in this case from the threat of physical harm. A troubling rise in assaults on hospital workers led the legislature to pass this law, which allows law enforcement to arrest a person without a warrant when that person assaults or criminally threatens a hospital health care worker or someone providing emergency medical treatment (e.g., an EMT). 

Environment and Climate Issues

Protecting Pollinators

Neonicotinoids are insecticides introduced in the 1990s that have proven to be extremely harmful to honeybees and other pollinators. The House and Senate passed H.706, which phases out the use of this class of insecticides. Neonicotinoids are primarily used to coat corn and soy seeds that grow into food for Vermont’s dairy cows. Farmers pay a premium for coated seeds, but hundreds of studies have shown that treating the seeds with the pesticide has little effect on seedling viability and provides no economic benefit. The bill would ban the use of seeds treated with “neonics” beginning in 2029, the same year that New York State is prohibiting their use. If a farmer cannot obtain an alternative seed, they will be able to apply for an exemption. In the meantime, spray application of these pesticides on vegetables and ornamental plants would be sharply reduced beginning in 2025. Limited use will still be permitted after bloom in apple orchards, where no equally effective alternative exists, and on golf courses. The Governor vetoed this bill, and it will be taken up for an override vote during the June veto session.

Balancing Development and Conservation

Since 1970, our statewide land use law, Act 250, has preserved Vermont’s rural character. It supports compact development in downtowns and village centers while protecting forests and open lands. With limited housing supply and increasing threats from climate change, H.687 sets out strategies to make it easier to build in the right places and better protect natural resources.

The bill incorporates broad areas of agreement among environmentalists, developers, regional planners, and others on changes to Act 250, including a switch to a new location-based permitting process and improved board governance. It proposes three tiers covering downtowns and village centers (tier 1), rural areas (tier 2), and critical natural resource areas (tier 3). Projects in tier 1 that meet certain criteria would be exempt from Act 250 review. Towns will work with their regional planning commissions on a future land use map to identify areas for growth and conservation. The bill also simplifies the process for designating town and village centers through the Vermont Department of Housing and Community Development.

The bill, along with the FY25 budget (H.883), also makes investments in housing. Truly affordable housing requires governmental financial investment to reduce the price so that our nurses, mental health workers, teachers, tradespeople, and other working Vermonters can afford to rent or purchase housing.

Together, these bills committed:

• $58M to expand and support emergency shelter and services for unhoused Vermonters (plus $30M in contingency funding in the likely event of FY24 surplus revenues)
• $19.2M to develop permanently affordable housing (VHCB)
• $8M to renovate existing structures to create new rental units (VHIP)
• $1M to support grants for First Generation Homeowners (VHFA)
• Almost $4 million in eviction diversion pilots, because it is far better and cheaper to enable a family with housing to stay in it
• $1M to support manufactured housing updates or repairs
• $3M for recovery housing, transitional housing for refugees, and community stabilization beds.

The FY25 budget also appropriates an additional $55M to create more affordable housing if unobligated ARPA funding can be redirected for those purposes.

Investing in Flood Safety

As Vermonters face increased flooding due to climate change, it is more important than ever to invest in prevention, planning, and infrastructure. Because they do not respect town borders, reducing costly flood damage around the State calls for holistic statewide regulations to guide safer development.

The Flood Safety Act (S.213) builds on existing programs to bring more resources to towns for managing development in river corridors and floodplains. As naturally spongy areas (wetlands) provide effective, low-cost flood prevention, the Act also expands wetlands protections in the State.

Vermont has over a thousand dams with only a few built to control flooding. If dams are not well-maintained, they can create dangerous conditions downstream. The Flood Safety Act funds more State engineering staff to inspect dams, finances more dam removal and repair, and brings dam oversight under one agency, the Department of Environmental Conservation. The Act also bans a type of foam used in floating products like buoys and docks because it breaks down into small beads that pollute shorelands and wetlands.

Renewable Energy Standard

Vermont’s Renewable Energy Standard, an energy policy passed in 2015, put Vermont’s electric utilities on the path to cleaner electricity from renewable sources like hydro, solar, and wind. Since then, the State has committed to transitioning away from fossil fuels as we join the global call to action to reduce carbon emissions and protect our future. Now, with historic funding available for clean energy, Vermont is set to make major progress over the next decade. H.289 reflects a remarkable collaboration among electric utilities, environmental groups, and legislators to bring more renewable energy into our grid faster. The updated Renewable Energy Standard raises electric utility requirements for renewable energy to 100% by 2030 for most utilities with a longer timeframe (2035) for smaller utilities. The bill would double the amount of new renewable energy built in the State, creating good-paying clean energy jobs and better protection from rising fossil energy prices. To make sure all Vermonters have access to the benefits of renewable energy, the bill also includes a study on current and needed programs for affordable housing developments and customers with lower incomes. The Governor vetoed this bill, and it will be taken up for an override vote during the June veto session.

Education

School Construction Aid: Taking the Next Steps

Vermont’s school buildings need more than $6 billion in investments statewide to modernize them, replace worn-out systems, achieve code compliance, and replace buildings that would be cheaper to rebuild than repair. Unfortunately, the State has not had a program to assist school districts in paying for major capital projects since 2007. A new school construction aid program would offer vital support to districts seeking to improve and update their facilities.

The legislature passed H.871 as a next step towards restarting Vermont’s school construction program. This bill creates a legislative working group to prepare draft legislation for January 2025 that designs a new state construction aid program. H.871 also creates a grant program to help school districts assess their current needs and plan for future projects.

Cost-Sharing for Education Services

Act 46 of 2016 at first encouraged, and then required, school districts to unify to better serve students and manage costs. Building on this progress, this year the legislature passed H.630, which allows school districts to establish Boards of Cooperative Education Services (BOCES) to collaborate on common needs such as specialized student services, joint supply procurement, professional development, and regional busing contracts. The basis of this bill is promoting strength and economy in numbers.

The Future of Public Education

This year school districts across the State saw unprecedented increases in education costs in their FY25 budgets. This challenging year created urgency around establishing a modern vision for public education in Vermont. As a result, the House Education Committee designed the Commission on the Future of Public Education. This Commission is charged with examining Vermont’s public school system: the structure, cost drivers, system size, and the services provided. After robust engagement with the education field as well as the public, the Commission will make recommendations about how Vermont can create a world class education system at a cost our communities can afford.

Health Care

Reducing the Burden On Primary Care Providers

Vermont is experiencing a severe shortage of healthcare providers. Those dedicated professionals spend around a quarter of their working time dealing with insurance companies that too often second-guess their medical expertise. H.766 will greatly relieve the red-tape burden on our providers, allowing them to spend more time treating patients. That translates to shorter wait times and better health outcomes for Vermonters.   

H.766 will eliminate the time-consuming practice known as “prior authorization” for all primary care providers: the physicians, physician assistants, and nurse practitioners that we visit at local offices, clinics, and community health centers.

When a primary care provider decides that a patient needs a test or referral, that patient will no longer need to wait for their health insurer to take a second look at that decision. Not only will Vermonters get the treatment that they need more quickly, H.766 will allow clinicians to spend more time with patients and less time on the phone with insurers or filling out paperwork.

While Blue Cross Blue Shield estimates that H.766 would increase individual premium rates in 2025 by 1.8% and small group plan rates by 1.9%, these estimates do not include the significant cost savings to Vermont’s entire healthcare system. H.766 will reduce costly delayed care that often accompanies a denied prior authorization, will reduce the need for imaging to be done at the more expensive hospital setting and will allow providers to redirect their staff to more patient-focused care, leading to more access and better healthcare for Vermonters.

Strengthening Peer Support Programs

One of the House Democratic Policy Priorities this biennium was to increase access to health care, mental health care, and substance use disorder treatment services and make them more affordable with a focus on prevention. H.847 creates a pathway for certification for peer support providers and peer recovery support specialists working in mental health and substance abuse treatment programs.

The goal of peer support programs is to help people experiencing a mental health crisis or those who are navigating recovery to connect with peers who have lived experience of trauma, mental health problems, or substance use challenges. This type of support emphasizes a nonjudgmental approach to care that promotes multiple perspectives, helps people access community-based resources, and provides employment support and workforce transitions.

Peer support programs are an integral part of our healthcare system. With the certification pathway in this bill, the role of peer support providers and peer recovery support specialists is strengthened and will enable them to be more available to Vermonters.

Supporting Recovery Residences – S.186

Recovery residences are an essential tool for those with substance use disorder. Having a safe place to live, free from drugs and alcohol, is a critical part of recovery from substance use disorder. S.186 addresses the certification of recovery residences. These homes are typically rental properties where a group in early recovery agrees to live in a setting emphasizing structure, accountability, employment, and community service. They are not treatment centers or medical facilities, and often partner with recovery centers that provide additional recovery coaching, group meetings, and peer support for individuals in recovery. 

Recovery residences offer the essential elements necessary for individuals to achieve sustained, long-term recovery. Currently, 13 privately certified recovery residences operate in Vermont. The Department of Health is directed to work with community partners to develop the rules and regulations for a certification process for recovery housing in Vermont, aiming to increase the number of recovery residences. Housing is essential for successful recovery, and this bill seeks consistency and best practices to protect individuals to have the best chance of success.

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Note that some of these bills may be vetoed by the Governor and may not become law. You can check their fate at the following website: https://legislature.vermont.gov/bill/search/2024.