Bill Summary – FastDemocracy

AS PASSED BY SENATE                                                         S.27
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                                       S.27
    An act relating to reducing the imposition of cash bail
 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 VT LEG #368942 v.1
     AS PASSED BY SENATE                                                            S.27
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             (B) at the initial appearance offense 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, except where 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 any of the following offenses:
             (A) domestic assault as defined in section 1042 of this title;
             (B) stalking as defined in section 1062 of this title;
             (C) violation of a protection order as defined in section 1030 of this
 title;
             (D) recklessly endangering another person as defined in section 1025
 of this title;
             (E) misdemeanor cruelty to a child as defined in section 1304 of this
 title;
             (F) misdemeanor abuse, neglect, or exploitation of a vulnerable adult
 as defined in chapter 28 of this title; or
             (G) misdemeanor sexual exploitation of children in violation of
 chapter 64 of this title.
                                                                          VT LEG #368942 v.1
     AS PASSED BY SENATE                                                           S.27
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    (3)(2) 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. PROPOSAL TO ELIMINATE CASH BAIL
    (a)(1) The Vermont Sentencing Commission, in consultation with the
 entities designated in subdivision (2) of this subsection, shall identify the
 conditions that would be required to move toward the elimination of the use of
 cash bail for the purpose of mitigating risk of flight from prosecution and
 develop a proposal to eliminate cash bail in Vermont.
       (2) The Commission shall solicit input from:
            (A) the Vermont Network Against Domestic and Sexual Violence;
            (B) the Community Justice Unit of the Office of the Attorney
 General;
            (C) Vermont Legal Aid;
            (D) the Vermont Office of Racial Equity;
            (E) the Vermont chapter of the American Civil Liberties Union;
            (F) the Vermont Freedom Fund; and
            (G) national experts on bail reform.
    (b) The Commission shall report its findings and recommendations to the
 General Assembly on or before December 1, 2023.
                                                                         VT LEG #368942 v.1
     AS PASSED BY SENATE                                                          S.27
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 Sec. 3. JUDICIARY; NOTICES OF HEARINGS
    (a) To reduce the instances of failure to appear by persons who are charged
 with a criminal offense, on or before July 1, 2025, the Judiciary shall establish
 and implement a system to electronically notify such persons of upcoming
 required court appearances.
    (b) On or before December 1, 2023, the Judiciary shall report to the
 General Assembly any requests for legislation or monies necessary to fund the
 system identified in subsection (a) of this section.
    (c) On or before December 1, 2026, the Judiciary shall report to the
 General Assembly on the efficacy of the notification system.
 Sec. 4. EFFECTIVE DATES
    (a) This section and Secs. 2 and 3 shall take effect on passage.
    (b) Sec. 1 shall take effect on July 1, 2025.
                                                                        VT LEG #368942 v.1
Statutes affected: 
As Introduced: 13-7551
As Passed By the Senate -- Official: 13-7551
As Passed By the Senate -- Unofficial: 13-7551