Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                         H.773
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                                      H.773
 Introduced by Representative Burditt of West Rutland
 Referred to Committee on
 Date:
 Subject: Crimes; criminal procedure; conditions of release
 Statement of purpose of bill as introduced: This bill proposes to add the
 number of offenses with which a defendant is charged and the recent history of
 pending charges against a defendant as explicit factors a court considers in
 imposing conditions of release.
    An act relating to how a defendant’s criminal record is considered in
    imposing conditions of release
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 13 V.S.A. § 7554 is amended to read:
 § 7554. RELEASE PRIOR TO TRIAL
    (a) Release; conditions of release. Any person charged with an offense,
 other than a person held without bail under section 7553 or 7553a of this title,
 shall at his or her the person’s appearance before a judicial officer be ordered
 released pending trial in accordance with this section.
         (1) The defendant shall be ordered released on personal recognizance or
 upon the execution of an unsecured appearance bond in an amount specified by
                                                                        VT LEG #373177 v.1
     BILL AS INTRODUCED                                                            H.773
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 the judicial officer unless the judicial officer determines that such a release will
 not reasonably mitigate the risk of flight from prosecution as required. In
 determining whether the defendant presents a risk of flight from prosecution,
 the judicial officer shall consider, in addition to any other factors, the
 seriousness of the offense charged and the number of offenses with which the
 person is charged. If the judicial officer determines that the defendant presents
 a risk of flight from prosecution, the officer shall, either in lieu of or in
 addition to the methods of release in this section, impose the least restrictive of
 the following conditions or the least restrictive combination of the following
 conditions that will reasonably mitigate the risk of flight of the defendant as
 required:
                                         ***
       (2) If the judicial officer determines that conditions of release imposed
 to mitigate the risk of flight from prosecution will not reasonably protect the
 public, the judicial officer may impose, in addition, the least restrictive of the
 following conditions or the least restrictive combination of the following
 conditions that will reasonably ensure protection of the public:
             (A) Place the defendant in the custody of a designated person or
 organization agreeing to supervise him or her the defendant if the defendant is
 charged with an offense that is not a nonviolent misdemeanor or nonviolent
 felony as defined in 28 V.S.A. § 301.
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     BILL AS INTRODUCED                                                              H.773
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          (B) Place restrictions on the travel, association, or place of abode of
 the defendant during the period of release.
          (C) Require the defendant to participate in an alcohol or drug
 treatment program. The judicial officer shall take into consideration the
 defendant’s ability to comply with an order of treatment and the availability of
 treatment resources.
          (D) Impose any other condition found reasonably necessary to
 protect the public, except that a physically restrictive condition may only be
 imposed in extraordinary circumstances.
          (E) Suspend the officer’s duties in whole or in part if the defendant is
 a State, county, or municipal officer charged with violating section 2537 of this
 title and the court finds that it is necessary to protect the public.
          (F) [Repealed.]
       (3) A judicial officer may order that a defendant not harass or contact or
 cause to be harassed or contacted a victim or potential witness. This order
 shall take effect immediately, regardless of whether the defendant is
 incarcerated or released.
    (b) Judicial considerations in imposing conditions of release. In
 determining which conditions of release to impose:
       (1) In subdivision (a)(1) of this section, the judicial officer, on the basis
 of available information, shall take into account the nature and circumstances VT LEG #373177 v.1
     BILL AS INTRODUCED                                                          H.773
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 of the offense charged; the weight of the evidence against the accused; the
 accused’s employment; financial resources, including the accused’s ability to
 post bail; the accused’s character and mental condition; the accused’s length of
 residence in the community; and the accused’s record of appearance at court
 proceedings or of flight to avoid from prosecution or failure to appear at court
 proceedings.
       (2) In subdivision (a)(2) of this section, the judicial officer, on the basis
 of available information, shall take into account the nature and circumstances
 of the offense charged; the number of offenses with which the accused is
 charged; the weight of the evidence against the accused; and the accused’s
 family ties, employment, character and mental condition, length of residence in
 the community, record of convictions, and record of appearance at court
 proceedings or of flight to avoid from prosecution or failure to appear at court
 proceedings; the recent history of pending charges against the accused; and
 whether the accused is subject to release on personal recognizance or subject to
 conditions of release prior to trial, sentencing, or appeal in another case
 pending before federal or state court; whether the accused is on probation,
 parole, furlough, or some other form of community supervision in another case
 adjudicated before a federal or state court; and whether the accused is currently
 compliant with any standing court orders. Recent history of actual violence or
                                                                         VT LEG #373177 v.1
     BILL AS INTRODUCED                                                        H.773
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 threats of violence may be considered by the judicial officer as bearing on the
 character and mental condition of the accused.
                                       ***
 Sec 2. 13 V.S.A. § 7576 is amended to read:
 § 7576. DEFINITIONS
    As used in this chapter:
                                       ***
       (9) “Flight from prosecution” means any action or behavior undertaken
 by a person charged with a criminal offense to avoid court proceedings,
 including failures to appear at court hearings.
 Sec. 3. EFFECTIVE DATE
    This act shall take effect on July 1, 2024.
                                                                       VT LEG #373177 v.1
Statutes affected: 
As Introduced: 13-7554, 13-7576