Vermont S 140: An act relating to prohibiting civil arrests at courthouses

Bill Text

BILL AS INTRODUCED S.140
2025 Page 1 of 18

VT LEG #379939 v.2
S.140 1
Introduced by Senators Vyhovsky, Gulick, Ram Hinsdale and Watson 2
Referred to Committee on 3
Date: 4
Subject: Criminal procedure; sentencing; life without parole; second look 5
Statement of purpose of bill as introduced: This bill proposes to implement a 6
second look sentencing review for individuals who have served not less than 7
10 years of an incarcerative sentence or not less than half of an incarcerative 8
sentence of at least five years, whichever is shorter. This bill also proposes to 9
create a judicial procedure for the early release of offenders who have a 10
terminal, incurable, or debilitating medical condition or who are not less than 11
65 years of age, have serious medical needs, and are not a danger to the public. 12
An act relating to implementing second look sentencing and compassionate 13
release 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 13 V.S.A. § 7046 is added to read: 16
§ 7046. SECOND LOOK SENTENCING 17
(a) Short title. This section may be cited as the “Second Look Act.” 18
(b) Definitions. As used in this section: 19

BILL AS INTRODUCED S.140
2025 Page 2 of 18

VT LEG #379939 v.2
(1) “Authorized representative” means the incarcerated person’s 1
counsel, family member, or a licensed health care professional. 2
(2) “Developmental disability” has the same meaning as in 18 V.S.A. 3
§ 9302. 4
(3) “Family member” has the same meaning as in subdivision 5301(2) 5
of this title. 6
(4) “Intellectual disability” has the same meaning as in 1 V.S.A. § 146. 7
(5) “Mental illness” has the same meaning as in 18 V.S.A. § 7101(14). 8
(6) “Successor judge” means the current judge presiding in the judicial 9
unit where the original sentence was imposed if the original sentencing judge 10
is unavailable. 11
(7) “Victim” has the same meaning as in subdivision 5301(4) of this 12
title. 13
(c) Eligibility. 14
(1) An incarcerated person may petition the judge who presided when 15
the original sentence was imposed for a reduction of the person’s sentence if 16
the person has served the lesser of: 17
(A) 10 years in custody of the Department of Corrections; or 18
(B) at least 50 percent of person’s sentence, provided the person was 19
sentenced to at least five years of incarceration. 20

BILL AS INTRODUCED S.140
2025 Page 3 of 18

VT LEG #379939 v.2
(2) Notwithstanding any other provision of law to the contrary, an 1
otherwise ineligible incarcerated person shall be deemed eligible to petition for 2
a reduction in sentence upon consent of the prosecutor, regardless of the 3
person’s number of years in custody. 4
(3) Except as otherwise provided in this subsection, if a petition for a 5
reduction in sentence filed pursuant to this section has been denied, the 6
incarcerated person or an authorized representative shall not file another 7
petition until at least two years have elapsed after the date the preceding 8
petition was denied. A court may require a waiting period longer than two 9
years, but in no event shall the waiting period be more than five years after the 10
date the preceding petition was denied. 11
(4) When a petition for a reduction in sentence made pursuant to this 12
section has been granted and the total term of incarceration was reduced by at 13
least 25 percent, the incarcerated person or an authorized representative shall 14
not file a petition for a second sentencing reduction until at least five years 15
have elapsed after the date the preceding petition was granted. 16
(d) Procedure; petition. 17
(1) After a person has served 40 percent of the person’s sentence in 18
custody, the Department of Corrections shall, within 30 days, give written 19
notice of this section to the incarcerated person and to the person’s counsel or, 20
if the person is unrepresented, to the Office of the Defender General. The 21

BILL AS INTRODUCED S.140
2025 Page 4 of 18

VT LEG #379939 v.2
Department shall also give written notice of this section to the incarcerated 1
person and to the person’s counsel or, if the person is unrepresented, to the 2
Office of the Defender General, within 30 days after serving nine years and 3
seven months in custody. 4
(2) A petition for a sentence reduction pursuant to this section may be 5
filed six months prior to the date upon which a person becomes eligible for a 6
reduction in sentence pursuant to subsection (c) of this section. 7
(3) The petition shall be filed by the incarcerated person, a prosecutor, 8
or an authorized representative. A petition filed by an authorized 9
representative shall be accompanied by an affidavit stating: 10
(A) the reason that the incarcerated person is unable to file the 11
petition; 12
(B) a factual statement explaining the petitioner’s relationship to the 13
incarcerated person; and 14
(C) how the authorized representative is acting in the best interests of 15
the incarcerated person. 16
(4) The petition must be filed in writi