Vermont H. 529: An act relating to approval of amendments to the charter of the City of Barre

Bill Text

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H.529 1
Introduced by Representative LaLonde of South Burlington 2
Referred to Committee on 3
Date: 4
Subject: Criminal procedures; conditions of release; pretrial supervision 5
Statement of purpose of bill as introduced: This bill proposes to permit pretrial 6
supervision officers to file a motion with the Criminal Division to review 7
pretrial supervision conditions upon a violation of a court-imposed condition. 8
An act relating to enforcing violations of court-imposed pretrial supervision 9
conditions 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 13 V.S.A. § 7555 is amended to read: 12
§ 7555. PRETRIAL SUPERVISION PROGRAM 13
(a) Purpose. The purpose of the Pretrial Supervision Program is to assist 14
eligible people persons through the use of evidence-based strategies to improve 15
pretrial compliance with conditions of release, to coordinate and support the 16
provision of pretrial services when appropriate, to ensure attendance at court 17
appearances, and to decrease the potential to recidivate while awaiting trial. 18
(b) Definition. As used in this section, “absconded” has the same meaning 19
as “absconding” as defined in 28 V.S.A. § 722(1)(B)–(C) 722(1)(B) and (C). 20

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(c) Pretrial supervision. 1
(1) Except as provided in subsection (g) of this section, beginning on 2
January 1, 2025, the Pretrial Supervision Program shall, if ordered by the court 3
pursuant to subsection (d) of this section, monitor defendants who have been 4
charged with violating a condition of release pursuant to section 7559 of this 5
title or have not fewer than five pending dockets and pose a risk of 6
nonappearance at court hearings, a risk of flight, or a risk of endangering the 7
public. 8
(2) The Department shall assign a pretrial supervision officer to monitor 9
defendants in a designated region of Vermont and help coordinate any pretrial 10
services needed by the defendant. The Department shall determine the 11
appropriate level of supervision using evidence-based screenings of those 12
defendants eligible to be placed in the Program. The Department’s supervision 13
levels may include use of: 14
(A) the Department’s telephone monitoring system; 15
(B) telephonic meetings with a pretrial supervision officer; 16
(C) in-person meetings with a pretrial supervision officer; 17
(D) electronic monitoring; or 18
(E) any other means of contact deemed appropriate. 19
(3) When placing a defendant into the Program pursuant to subsection 20
(d) of this section, the court shall issue an order that sets the defendant’s level 21

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of supervision based on the recommendations submitted by the Department of 1
Corrections. 2
(d) Procedure. 3
(1) At arraignment or at a subsequent hearing, the prosecutor or the 4
defendant may move, or on the court’s own motion, that the defendant be 5
reviewed by the court to determine whether the defendant is appropriate for 6
pretrial supervision. The review shall be scheduled upon the court’s receipt of 7
a report from the Department of Corrections containing recommendations 8
pertaining to the defendant’s supervision level. 9
(2) A defendant is eligible for pretrial supervision if the person has: 10
(A) violated conditions of release pursuant to section 7559 of this 11
title; or 12
(B) not fewer than five pending court dockets. 13
(3) After a hearing and review of the Department of Corrections’ report 14
containing the defendant’s supervision level recommendations, the court may 15
order that the defendant be released to the Pretrial Supervision Program, 16
provided that the court finds placing the defendant under pretrial supervision 17
will reasonably ensure the person’s appearance in court when required, will 18
reasonably mitigate the risk of flight, or reasonably ensure protection of the 19
public. In making such a determination, the court shall consider the following: 20

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(A) the nature of the violation of conditions of release pursuant to 1
section 7559 of this title; 2
(B) the nature and circumstances of the underlying offense or 3
offenses with which the defendant is charged; 4
(C) the defendant’s prior convictions, history of violence, medical 5
and mental health needs, history of supervision, and risk of flight; 6
(D) any risk or undue burden to third parties or risk to public safety 7
that may result from the placement; or 8
(E) any other factors that the court deems appropriate. 9
(e) Compliance and review. 10
(1) Pretrial supervision officers shall notify the prosecutor and use 11
reasonable efforts to notify the defendant of any violations of court-imposed 12
Program conditions committed by the defendant. 13
(2) Pretrial supervision officers may notify the prosecutor and use 14
reasonable efforts to notify