The following is the floor report delivered by Representative Karen Dolan on H.410, which I sponsored and passed out of my committee on a unanimous vote.

H.410, as amended by your House Judiciary Committee, creates a standardized definition of recidivism in Vermont statute and directs the Vermont Statistical Analysis Center (SAC) to produce annual reports on key criminal justice system indicators. H.410 improves consistency in how Vermont measures recidivism and provides Vermont with clear, comprehensive data on trends in our criminal justice system.

Recidivism is the measure of when an individual convicted of a crime commits a new offense. Currently, the definition of recidivism in Vermont is outdated and arbitrary, focusing on a narrow section of individuals. Due to the limited scope of the current measure, data related to recidivism is not effectively used in Vermont criminal data analysis. H. 410, brought stakeholders together to revamp the definition of recidivism in order to make it relevant and usable in future studies and legislation related to criminal justice in Vermont.

H.410 also creates a new chapter in Title 13 entitled, Criminology Measures. This chapter establishes a number of annual reports which will be generated by the Vermont Statistical Analysis Center related to measures such as bail rates, recidivism rates, and arrest and conviction data. Some may remember the passage of S.14 in 2023 (now Act 40) which launched an initial criminal justice data report. With the success of that report, H.410 provides a long-term plan for maintaining related reports- this is critical for future legislatures to make data-driven decisions related to our criminal justice system.

Now I will provide a brief review of the sections of the bill. You can follow along starting on page 1241 of today’s calendar.

Sec. 1. Creates a new chapter in Title 13 establishing a statewide definition of recidivism and directing the Vermont Statistical Analysis Center (SAC) to produce annual reports on several criminal justice indicators.

Subsection 8121 Defines recidivism as a new criminal conviction following a prior conviction. The date of arraignment for the new offense is used as a proxy for when the offense occurred. The recidivism calculation period begins when an individual is released from incarceration or sentenced to a non-custodial sentence.

Subsection 8122 Requires Vermont’s SAC to submit annual reports by April 1st of each year to relevant legislative committees. The reports must include:

• Bail rates and information on individuals held pretrial in Vermont correctional facilities.
  
• Recidivism rates calculated over three- and five-year periods.
  
• Arrests and clearance rates organized by offense type using National Incident-Based Reporting System categories.
  
• Information on the 20 crimes with the highest number of convictions, including sentencing data and total years of probation and incarceration imposed.
  
• This section also requires inclusion of demographic information, when available, and directs state and local agencies to provide data necessary for SAC to complete the reports.

Sec. 2. Repeals the current statutory definition of recidivism used by the Department of Corrections, as the definition is now established in Title 13. This change was reviewed and supported by the House Corrections and Institutions Committee.

Sec. 3. Removes references to the prior recidivism definition and related reporting requirements that are replaced by the new definition and reporting structure in Title 13.

Sec. 4. Appropriates a total of $25,000 from the General Fund in fiscal year 2027 to support the preparation of the annual reports required in the bill. 

Sec. 5. States that H.410 shall take effect on July 1, 2026.

The Committee heard testimony from the following: 

• Office of Legislative Counsel
• Director of Policy and Legislative Affairs, Attorney General’s Office
• General Counsel, Governor’s Office
• Director of Research, Crime Research Group (VT’s current SAC)
• Director of Research and Data Analytics, Department of Corrections
• Executive Director of Policy and Strategic Initiatives, Department of Corrections
• Legislative Attorney, Department of State’s Attorneys and Sheriffs
• Defender General, Defender General’s Office
• Deputy Defender General and Chief Juvenile Defender
• Executive Director, Crime Research Group
• Deputy Division Director, State Impacts, Council of State Governments Justice Center
• Chief Superior Judge, Vermont Judiciary
• House Corrections and Institutions also reviewed the bill

In summary, H.410, as amended by House Judiciary, establishes consistent statewide measures for recidivism and other criminal justice indicators so that Vermont has clearer, more reliable information to inform policy decisions as we continue our goals to address public safety and criminal justice reform. With the long-term vision of H.410, Vermont will have a solid foundation to build on these efforts. 

H.410 as amended, passed out on a vote of 10-0-1 and your Committee on Judiciary asks for your support.