Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                           S.287
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                                        S.287
 Introduced by Senators Brock, Norris and Collamore
 Referred to Committee on
 Date:
 Subject: Crimes; criminal procedure; bail; conditions of release
 Statement of purpose of bill as introduced: This bill proposes to expand the
 mechanisms to hold offenders accountable for violations of conditions of
 release. Specifically, this bill proposes to lift the $200.00 cap on bail for
 persons who commit a new offense while on pretrial release; explicitly permits
 a court to consider whether a person is subject to pretrial release or community
 supervision, and is compliant with current court orders when setting conditions
 of release; creates an expedited summary hearing procedure for violations of
 conditions of release; prohibits repeat offenders from being referred to
 diversion; permits courts to consider any violations of conditions of release
 during sentencing; and requires the Office of the Attorney General and
 Department of Corrections to report annually on various data related to
 referrals to diversion and other programs employing restorative justice.
    An act relating to bail and violations of conditions of release VT LEG #372935 v.1
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 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, 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
 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 appearance bonds, and
 appearance bonds.
       (1) Except as provided in subdivision (2) of this subsection, no No bail,
 secured appearance bond, or 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 VT LEG #372935 v.1
     BILL AS INTRODUCED                                                          S.287
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 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. The $200.00 limit shall not apply to an offense
 committed by a defendant who has been released pending trial for another
 offense.
       (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 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
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     BILL AS INTRODUCED                                                            S.287
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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 from prosecution
 by 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.
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     BILL AS INTRODUCED                                                            S.287
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          (D) Upon consideration of the defendant’s financial means, 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.
          (E) Upon consideration of the defendant’s financial means, 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 from prosecution 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 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                                                              S.287
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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 #372935 v.1
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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 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; 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 threats of violence may be considered by
 the judicial officer as bearing on the character and mental condition of the
 accused.
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     BILL AS INTRODUCED                                                         S.287
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    (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
 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.
       (2) A person for whom conditions of release are imposed shall, within
 five working days following application, be entitled to have the conditions VT LEG #372935 v.1
     BILL AS INTRODUCED                                                          S.287
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 reviewed by a judge in the court having original jurisdiction over the offense
 charged. A person 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.
    (e) Amendment of order. A judicial officer ordering the release of a person
 on any condition specified in this section may at any time amend the order to
 impose additional or different conditions of release, provided that the
 provisions of subsection (d) of this section shall apply.
    (f) Definition. The term “judicial officer” as used in this section and
 section 7556 of this title shall mean means a clerk of a Superior Court or a
 Superior Court judge.
    (g) Admissibility of evidence. Information stated in, or offered in
 connection with, any order entered pursuant to this section need not conform to
 the rules pertaining to the admissibility of evidence in a court of law.
    (h) Forfeiture. Nothing contained in this section shall be construed to
 prevent the disposition of any case or class of cases by forfeiture of collateral
 security if such disposition is authorized by the court.
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     BILL AS INTRODUCED                                                          S.287
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    (i) Forms. The Court Administrator shall establish forms for appearance
 bonds, secured appearance bonds, surety bonds, and for use in the posting of
 bail. Each form shall include the following information:
       (1) The bond or bail may be forfeited in the event that the defendant or
 witness fails to appear at any required court proceeding.
       (2) The surety or person posting bond or bail has the right to be released
 from the obligations under the bond or bail agreement upon written application
 to the judicial officer and detention of the defendant or witness.
       (3) The bond will continue through sentencing in the event that bail is
 continued after final adjudication.
    (j) Juveniles. Any juvenile between 14 and 16 years of age who is charged
 with a listed crime as defined in subdivision 5301(7) of this title shall appear
 before a judicial officer and be ordered released pending trial in accordance
 with this section within 24 hours following the juvenile’s arrest.
 Sec. 3. 13 V.S.A. § 7554e is added to read:
 § 7554e. VIOLATIONS OF CONDITIONS OF RELEASE
    (a) Arrest; citation; appearance.
       (1) Whenever a person is alleged to have violated a condition of release
 ordered by a court pursuant to section 7554 of this title, the person may be
 arrested or cited to appear before the court in which the conditions of release
 were ordered.
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     BILL AS INTRODUCED                                                           S.287
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       (2) A judicial officer may issue a warrant for the arrest of a person
 charged with violating a condition of release and the person shall appear before
 the judicial officer.
       (3) The person alleged to have violated a condition of release shall
 appear before the judicial officer not later than the next business day following
 the arrest or citation for a summary hearing pursuant to subsection (b) of this
 section.
    (b) Hearing.
       (1) A person appearing before a court pursuant to this section shall be
 entitled to a hearing to determine whether a condition of release was violated.
 In making the determination, the judicial officer shall consider the following:
            (A) whether probable cause exists that the person committed an
 offense under federal or State law while subject to conditions of release; or
            (B) whether clear and convincing evidence shows that the person
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