Vermont H 436: An act relating to municipal flexibility to meet energy goals

Bill Text

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VT LEG #380894 v.1
H.436 1
Introduced by Representative Headrick of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Corrections; release prior to trial; supervision of adult inmates and 5
offenders; classification of inmates and offenders; release after 6
incarceration; reentry facility 7
Statement of purpose of bill as introduced: This bill proposes to create a 8
statutory framework for the Department of Corrections to establish and use 9
reentry facilities designed to house persons with low-level risk and needs 10
assessments upon release from incarceration. The bill proposes that the 11
Department of Corrections assess and place appropriate persons in a reentry 12
facility to provide the least restrictive security level necessary to protect the 13
public while providing any transitional services needed by the person. The bill 14
also proposes that reentry facility placement be condition of release available 15
to the courts. The bill also proposes that the Department of Corrections submit 16
annual reports on the use of reentry facilities and a plan to develop any reentry 17
facilities. 18
An act relating to establishing reentry facilities for persons under the 19
custody of the Commissioner of Corrections 20

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VT LEG #380894 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. FINDINGS AND PURPOSE 2
(a) Findings. The General Assembly finds that: 3
(1) Housing insecurity disproportionately impacts women in the 4
criminal justice system, resulting in inequitable detention outcomes. 5
(2) Women nearing the end of their criminal sentences or detained 6
pretrial lack consistent access to appropriate low-security settings, impeding 7
successful reentry and exacerbating equity concerns. 8
(3) Current practices, such as reward-based housing classifications, 9
create barriers to equitable access to low-security or reentry-focused facilities. 10
(4) The Chittenden Regional Correctional Facility was not designed to 11
meet the diverse security and reentry needs of incarcerated women. 12
(b) Purpose. The purpose of this act is to: 13
(1) ensure all incarcerated women are housed at the least restrictive 14
security level appropriate to their risk and needs; 15
(2) establish a statutory framework for reentry-specific facilities that 16
prioritize rehabilitation, equity, and community reintegration; 17
(3) address inequities in pretrial detention related to housing insecurity; 18
and 19
(4) minimize barriers to reentry by reforming incarceration classification 20
and housing policies. 21

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VT LEG #380894 v.1
Sec. 2. 28 V.S.A. § 3 is amended to read: 1
§ 3. GENERAL DEFINITIONS 2
As used in this title: 3
* * * 4
(3) “Correctional facility” or “facility” means any building, enclosure, 5
space, or structure of or supported by the Department and used for the 6
confinement of persons committed to the custody of the Commissioner, or for 7
any other matter related to such confinement, except a reentry facility. 8
* * * 9
(13) “Least restrictive security level” means placing persons in the 10
custody of the Commissioner at a facility based on a validated risk assessment 11
that prioritizes public safety and individual needs while minimizing 12
unnecessary security restrictions. 13
(14) “Reentry facility” has the same meaning as described in section 602 14
of this title. 15
Sec. 3. 28 V.S.A. § 602 is added to read: 16
§ 602. REENTRY FACILITIES 17
(a) Creation and design. 18
(1) The Department shall establish a reentry facility at any appropriate 19
location in the State to provide the least restrictive security level for persons 20

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VT LEG #380894 v.1
transitioning back into the community following release from a correctional 1
facility. 2
(2) Reentry facilities shall be designed to: 3
(A) serve offenders within five years after release from a correctional 4
facility; 5
(B) be accessible to inmates awaiting trial who do not pose a 6
significant risk of flight or public safety concerns in accordance with 13 V.S.A. 7
§ 7554; and 8
(C) provide inmate and offender transitional services, including 9
family support, housing assistance, mental health care, career and vocational 10
training, and other necessities of life in accordance with 33 V.S.A. chapter 21. 11
(b) Assessment and placement. The placement of persons at a reentry 12
facility shall be based upon an evidence-based risk and needs assessment of 13
eligible persons under the custody of the Commissioner. 14
(1) Inmates committed to the custody of the Commissioner shall be 15
assessed for placement in a reentry facility pursuant to section 701b of this 16
title. 17
(2) Inmates placed in a correctional facility shall be reassessed every 90 18
days for placement in a reentry facility. 19
(3) Within 90 days before release from a correctional facility, the 20
Departmen