Act No. 138 Page 1 of 1
2024
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 138 (S.195). An act relating to how a defendant’s criminal record is considered in
imposing conditions of release
Subjects: Criminal procedure; crimes; conditions of release
This act reforms Vermont’s statutes related to bail and conditions of release by adding
new considerations for courts to consider, new enforcement mechanisms for prosecutors
and courts alike, and new alternatives to incarceration for defendants awaiting trial and
post-adjudication.
For defendants awaiting trial, this act adds new factors for the court to consider in
imposing bail or conditions of release, or both. Specifically, the courts now must
consider whether a defendant is currently under some form of court-ordered supervision,
compliant with court orders, or has failed to appear in past court proceedings.
Additionally, the $200.00 cap on bail for defendants charged with an expungable
misdemeanor is removed if they are charged with another crime while already awaiting
trial. Further, the courts can impose new conditions of release in the form of a new
pretrial supervision program and an expanded home detention program for those who
meet certain requirements. Defendants who violate conditions of release will also be
subject to a clarified and expanded violations of conditions of release statute for
prosecutors to use. This act also amends State law to consider the use of a firearm while
selling or trafficking drugs as a violent act for determining bail and codifies community
restitution, otherwise known as “work crew,” as a sentencing alternative for the courts to
impose in lieu of incarceration.
Finally, this act charges the Joint Legislative Justice Oversight Committee to review
and recommend the most pragmatic use of funds and the locations to operate the Pretrial
Supervision Program. Additionally, the Corrections Monitoring Commission is
mandated to do a self-review resulting in recommendations for reforms to operate more
functionally and efficiently.
Effective Date: May 30, 2024
VT LEG #378004 v.2


Statutes affected:
As Introduced: 13-7554
As Passed By the Senate -- Official: 13-7554, 13-7551, 13-7554b, 13-7575, 13-7576, 13-7030, 18-4253
As Passed By the Senate -- Unofficial: 13-7551, 13-7554, 13-7554b, 13-7575, 13-7576, 13-7030, 18-4253
As Passed by Both House and Senate -- Official: 13-7554, 13-7551, 13-7554b, 13-7575, 13-7576, 13-7030, 18-4253, 13-7559
As Passed by Both House and Senate -- Unofficial: 13-7551, 13-7554, 13-7554b, 13-7559, 13-7030, 18-4253
As Enacted: 13-7551, 13-7554, 13-7554b, 13-7559, 13-7030, 18-4253