Senate debates S195 to tighten accountability for pretrial release and expand monitoring options

Senators debated S195, a comprehensive package focused on conditions of pretrial release, accountability for violations, and tools to reduce repeat offending while respecting constitutional protections.

The presenting senator (Senator from Bennington) framed the bill as "bail 101," reviewing constitutional limits and case law. Key provisions explained on the floor include: removal of the $200 statutory limit for offenses committed while on release; addition of explicit factors courts may consider when imposing conditions of release (including number of offenses, existing supervision status, compliance with court orders, and connections to other cases); codifying and expanding electronic monitoring and home detention as court-ordered conditions; establishing a pretrial supervision program operated by the Department of Corrections; and creating a new notice-and-hearing accountability proceeding for alleged violations of conditions of release under a new statutory section (13 VSA 7554e). The bill also clarifies that evidence standards for the summary hearing are a preponderance standard and that rules of evidence are relaxed unless live testimony is required.

The senator explained the bill incorporates existing Vermont case law into statutory language and adds sentencing consideration for defendants whose violations of conditional release were established by reliable evidence. Section 10 narrows a definition of "use of a firearm" to include active employment of a firearm while selling or dispensing a regulated drug to make such conduct count as a violent act for bail purposes; passive possession (e.g., a firearm in a trunk unrelated to the offense) would not meet that standard.

Appropriations removed a proposed $2.4 million ongoing appropriation for the supervision program and made its implementation contingent upon future appropriation. The Senate recorded a roll-call adopting the committee amendments and ordered the bill for third reading (recorded tally: 27 ayes, 1 nay in the roll-call that ordered third reading).