Bill H.866, introduced by Representative Galfetti, seeks to reform Vermont's bail system by removing existing limitations on bail imposition and increasing the maximum bail amount for certain misdemeanor offenses. The bill allows courts to impose bail up to $1,000 for misdemeanors eligible for sealing and mandates that defendants with multiple failures to appear, prior convictions, or pending charges be held without bail or face mandatory minimum bail amounts. It grants law enforcement officers the authority to recommend bail amounts, which courts must comply with under specific circumstances. Additionally, the bill eliminates the requirement for courts to consider a defendant's financial means when setting bail and removes the obligation to impose the least restrictive conditions for release.

The legislation introduces a structured approach to bail for repeat offenders, establishing mandatory bail amounts based on prior offenses or failures to appear, with amounts ranging from $1,000 to $100,000. It requires expedited hearings within 72 hours for bail determinations and stipulates that all bail posted for previous charges will be forfeited if a defendant is arrested for a new offense while on release. The bill also modifies conditions for pretrial release, shifting from mandatory unsecured bonds to secured appearance bonds, and emphasizes public safety and victim protection. Judicial officers are required to impose stricter conditions based on a defendant's criminal history, including surveillance and treatment programs, and must order defendants not to contact victims or witnesses, with this order taking effect immediately. The act is set to take effect on July 1, 2026.

Statutes affected:
As Introduced: 13-7551, 13-7554