Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                        H.775
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                                       H.775
 Introduced by Representatives Morgan of Milton, Demar of Enosburgh,
                Goslant of Northfield, Hango of Berkshire, Oliver of Sheldon,
                Sammis of Castleton, Smith of Derby, and Taylor of Milton
 Referred to Committee on
 Date:
 Subject: Judiciary; bail; conditions of release
 Statement of purpose of bill as introduced: This bill proposes to simplify bail
 and conditions of release imposed on defendants by focusing the purpose of
 pretrial release to ensure a defendant’s appearance at court proceedings and
 eliminating various bail considerations that do not focus on ensuring a
 defendant’s court appearance.
    An act relating to bail and pretrial release
 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 13 V.S.A. § 7551 is amended to read:
 § 7551. IMPOSITION OF BAIL GENERALLY, SECURED APPEARANCE
          BONDS, AND APPEARANCE BONDS
    (a) Bonds; generally. A bond given by a person charged with a criminal
 offense or by a witness in a criminal prosecution under section 6605 of this
 title, conditioned for the appearance of the person or witness before the court VT LEG #373352 v.1
     BILL AS INTRODUCED                                                        H.775
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 in cases where the offense is punishable by fine or imprisonment, and in
 appealed cases, shall be taken to the Criminal Division of the Superior Court
 where the prosecution is pending and shall remain binding upon parties until
 discharged by the court or until sentencing. The person or witness shall appear
 at all required court proceedings.
    (b) Limitation on imposition of bail, secured Secured appearance bonds,
 and appearance bonds.
       (1) Except as provided in subdivision (2) of this subsection, no bail Bail,
 a secured appearance bond, or an appearance bond may be imposed:
          (A) at the initial appearance of a person charged with a misdemeanor
 if the person was cited for the offense in accordance with Rule 3 of the
 Vermont Rules of Criminal Procedure; or
          (B) at the initial appearance or upon the temporary release pursuant
 to Rule 5(b) of the Vermont Rules of Criminal Procedure of a person charged
 with a violation of a misdemeanor offense that is eligible for expungement
 pursuant to subdivision 7601(4)(A) of this title.
       (2) In the event the court finds that imposing bail is necessary to
 mitigate the risk of flight from prosecution for a person charged with a
 violation of a misdemeanor offense that is eligible for expungement pursuant
 to subdivision 7601(4)(A) of this title, the court may impose bail in a
 maximum amount of $200.00.
                                                                       VT LEG #373352 v.1
     BILL AS INTRODUCED                                                          H.775
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       (3) This subsection shall not be construed to restrict the court’s ability to
 impose conditions on such persons to reasonably mitigate the risk of flight
 from prosecution ensure a person’s appearance at future court proceedings or
 to reasonably protect the public in accordance with section 7554 of this title.
 Sec. 2. 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
 the judicial officer unless the judicial officer determines that such a release will
 not reasonably mitigate the risk of flight from prosecution ensure the
 defendant’s appearance at future court proceedings as required. In determining
 whether the defendant presents a risk of flight from prosecution
 nonappearance, 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 officer determines that the defendant
 presents a risk of flight from prosecution such release will not reasonably
 ensure the defendant’s appearance as required, the officer shall, either in lieu VT LEG #373352 v.1
     BILL AS INTRODUCED                                                          H.775
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 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 ensure the
 appearance of the defendant as required:
          (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.
          (B) Place restrictions on the travel or, 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) Upon consideration of the defendant’s financial means, require
 Require the execution of a secured appearance bond in a specified amount and
 the deposit with the clerk of the court, in cash or other security as directed, of a
 sum not to exceed 10 percent of the amount of the bond, such deposit to be
 returned upon the appearance of the defendant as required.
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     BILL AS INTRODUCED                                                          H.775
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          (E) Upon consideration of the defendant’s financial means, require
 Require the execution of a surety bond with sufficient solvent sureties, or the
 deposit of cash in lieu thereof.
          (F) Impose any other condition found reasonably necessary to
 mitigate the risk of flight ensure appearance as required, including a condition
 requiring that the defendant return to custody after specified hours.
          (G) [Repealed.]
       (2) If the judicial officer determines that conditions of release imposed
 to mitigate the risk of flight ensure appearance 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.
          (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 VT LEG #373352 v.1
     BILL AS INTRODUCED                                                              H.775
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 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
 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 VT LEG #373352 v.1
     BILL AS INTRODUCED                                                          H.775
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 proceedings or of flight to avoid 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 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 prosecution or failure to appear at court
 proceedings. Recent history of actual violence or threats of violence may be
 considered by the judicial officer as bearing on the character and mental
 condition of the accused.
    (c) Order. A judicial officer authorizing the release of a person under this
 section shall issue an appropriate order containing a statement of the conditions
 imposed, if any; shall inform such person of the penalties applicable to
 violations of the conditions of release; and shall advise him or her the person
 that a warrant for his or her the person’s arrest will be issued immediately upon
 any such violation.
    (d) Review of conditions.
       (1) A person for whom conditions of release are imposed and who is
 detained as a result of his or her the person’s inability to meet the conditions of
 release or who is ordered released on a condition that he or she the person VT LEG #373352 v.1
     BILL AS INTRODUCED                                                          H.775
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 return to custody after specified hours, or the State, following a material
 change in circumstances, shall, within 48 hours following application, be
 entitled to have the conditions reviewed by a judge in the court having original
 jurisdiction over the offense charged. A party applying for review shall be
 given the opportunity for a hearing. Unless the conditions of release are
 amended as requested, the judge shall set forth in writing or orally on the
 record a reasonable basis for continuing the conditions imposed. In the event
 that a judge in the court having original jurisdiction over the offense charged is
 not available, any Superior judge may review such conditions.
                                        ***
 Sec. 3. 13 V.S.A. § 7575 is amended to read:
 § 7575. REVOCATION OF THE RIGHT TO BAIL
    The right to bail may be revoked entirely if the judicial officer finds that the
 accused has:
       (1) intimidated or harassed a victim, potential witness, juror, or judicial
 officer in violation of a condition of release; or
       (2) repeatedly violated conditions of release in a manner that impedes
 the prosecution of the accused; or
       (3) violated a condition or conditions of release that constitute a threat to
 the integrity of the judicial system; or VT LEG #373352 v.1
     BILL AS INTRODUCED                                                        H.775
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       (4) without just cause, failed to appear at a specified time and place
 ordered by a judicial officer; or
       (5) in violation of a condition of release, been charged with a felony or a
 crime against a person or an offense similar to the underlying charge, for
 which, after hearing, probable cause is found.
 Sec. 4. 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.
 [Repealed.]
 Sec. 5. EFFECTIVE DATE
    This act shall take effect on July 1, 2024.
                                                                       VT LEG #373352 v.1
Statutes affected: 
As Introduced: 13-7551, 13-7554, 13-7575, 13-7576