Vermonters continue to be concerned about public safety. In the last biennium, the legislature sought to mitigate these concerns. We passed laws related to retail theft, auto theft and trespass into an auto, drug trafficking, the proliferation of ghost guns (those without serial numbers), conditions of release and bail, pre-trial supervision, and pre-charge diversion.

Our most important initiative in the last biennium, however, was advocating for and obtaining an increase in resources for the criminal justice system. The boost in resources for the courts, prosecutors, defense counsel, and victim advocates paves the way for quicker and surer consequences for criminal activity, which are critical for deterring crime.

Data from the courts allows the legislature to measure their progress on resolving criminal cases. Clearance rates measure the number of new filings compared to the number of cases the courts dispose of each month. If the clearance rate is over 100%, that means the courts are making progress on reducing the backlog of cases that has clogged the courts and caused delays in disposing of cases. Through June of this year, Vermont courts have achieved a 12-month clearance rate of 110%. Although this shows improvement, it is still short of our goal of achieving a clearance rate of 125%. 

The courts also track how long it takes to resolve criminal cases and have set out specific goals for the length of time to disposition. For example, 98% of standard misdemeanor cases should be resolved in 180 days and 98% of standard felonies should be resolved in 365 days. At the end of 2023, approximately 60% of criminal cases met these timeliness standards. As of the end of June of this year, 70% of pending criminal cases met the timeliness standards.  This trend is in the right direction, but the consequences for many alleged criminal offenders are still far removed from the offense, diminishing their deterrence value. There is more work to be done.

This session, public safety continued to be one of the governor’s and legislature’s top priorities. The House Judiciary Committee again prioritized proper funding of the criminal justice system so our judicial system can keep improving how quickly it resolves cases. Although resources were more limited this year, the budget did include additional resources for courts, prosecutors, and the pre-charge diversion program created last year in Act 180. 

Beyond funding, this year the legislature passed other bills aimed at addressing public safety concerns, particularly related to domestic and sexual violence.

Act 46 revises Vermont’s civil protection order statutes to improve relief to victims of domestic violence, sexual violence, and stalking. Protection orders – civil court orders requested by a victim – are a critical legal tool. They offer important protective measures to prevent future harm, including requiring a perpetrator of violence to maintain physical distance from the individual they victimized.

The Act revises Vermont’s civil stalking order to better capture device-related stalking. The definition of “stalking” in Vermont’s civil stalking statute requires the victim to show the perpetrator’s “course of conduct” – meaning two or more acts over a period of time, no matter how short the time – to meet the threshold for obtaining a protection order. It was challenging to apply this definition in cases of device-related stalking. For example, when a device like an Airtag or a tracking app is set in place and then used to continuously monitor someone, it was not clear whether those activities met that definition of “course of conduct.” 

Act 46 now provides that a stalking victim may establish a perpetrator’s “course of conduct” by their “use of any electronic, digital, or precise geolocation device or software or application to surveil a specific person or a specific person’s internet or wireless activity continuously for 12 hours or more or on two or more occasions over a period of time, however short, without authorization.” 

Also under Act 46, courts can now grant temporary possession of a vehicle to the relief available in a domestic violence relief from abuse order. A vehicle can be a lifeline when escaping violence and leading an independent life immediately afterwards. Explicitly stated forms of relief available to victims included primary possession of a residence or pets, or custody of shared children. This law adds primary possession of a vehicle as a form of relief. 

Finally, Act 46 adds completion of a domestic violence accountability program to the forms of available relief listed in the domestic violence relief from abuse order statute. Domestic Violence Accountability Programs, commonly referred to as DVAPs, are community-based treatment programs designed to address the needs of people who use violence in their intimate partner relationships. DVAPs understand that abusive partners are, in most cases, capable of change, and these programs seek to modify behaviors and develop skills to prevent future abuse.

Many victims have reported that an accountability program to change behavior would be extremely helpful as part of a civil protection order. Victims may want to reduce the risk of violence for their shared children, a future partner, or themselves if they want to maintain the relationship.

Vermont has 12 community-based DVAPs that offer in-depth group programming and are certified by the Vermont Council on Domestic Violence. While DVAPs are not the sole vehicle for holding abusive partners accountable or changing behavior, they are a critical component to our response to domestic violence and can improve outcomes for both victims and those who have used violence against them.

The legislature also passed Act 12, which establishes procedures to ensure access to orders against sexual assault after regular court hours or on weekends. Prior to the passage of this law, survivors could only request a sexual assault protection order during regular court hours, leaving them at risk when assaults occur on evenings, weekends, or holidays. By ensuring that victims can access orders against sexual assault outside of regular court hours, the bill allows for swift action to protect them from further harm. In the next legislative session, starting in January 2026, the House Judiciary Committee will continue to monitor progress on improving public safety in Vermont. I anticipate that we will continue to review safety issues that occur when alleged offenders await trial, including those related to pre-trial conditions and bail, repeat offenders, and the pre-trial supervision program established last year. We will also continue to advocate for the appropriate resourcing of our criminal justice system and will seek other ways to reduce the time it takes to resolve criminal cases.