House advances bill to expand and standardize restorative‑justice diversion, create pre‑charge deletion process and new oversight roles

Lawmakers spent extended floor time on H 645, a comprehensive bill to expand and standardize restorative‑justice approaches across Vermont. The bill would create statutory definitions for pre‑charge diversion, designate the Office of the Attorney General as the pre‑charge program administrator and the Department of Corrections as the post‑adjudication administrator, require statewide data collection and reporting, and establish procedures for record deletion after successful pre‑charge diversion.

"H 645 builds on this strong foundation to move Vermont into the next evolution of implementation with a focus on best practice and geographic equity," the member from Essex Junction told colleagues, laying out the bill’s revisions to Title 13 and the juvenile and adult court diversion statutes.

Key provisions include:
- Pre‑charge diversion: a referral by law enforcement or a prosecutor when probable cause exists but before criminal charges are filed. County state’s attorneys will draft and publicly post policies identifying qualifying offenses and eligibility criteria.
- Records deletion: participants who successfully complete pre‑charge diversion would be eligible for deletion; for juveniles the bill clarifies notice windows and a two‑year deletion process tied to successful completion, and the proposal creates a confidential special index available to authorized persons for repeat‑offender checks.
- Administrative roles and positions: the bill creates a diversion program coordinator in the Attorney General’s office and a director of policy in the Department of State’s Attorneys and Sheriffs; appropriations language makes these positions subject to funding availability.
- Fees and fiscal changes: juvenile participation fees would be removed; adult programs may still collect fees up to $300. Ways & Means and Appropriations committees reported the fiscal impact as de minimis for special funds, subject to implementation details.

Floor interrogations focused on county‑level discretion, victim services capacity, the confidentiality and authorised access to the deletion index, and how the bill aligns adult and juvenile program eligibility. Multiple members urged clarity about who may access the special index; sponsors pointed to language that limits access to authorized persons in the Attorney General’s Office and to provisions allowing the subject of a deleted pre‑charge record to inspect the certified notice.

Sponsor and committee members emphasized the bill does not create a new large program immediately but instead moves fragmented services under a clearer statewide framework, with implementation timing and resources to be refined through appropriations and follow‑up reporting requirements.

What happens next: The House adopted committee amendments, approved floor amendments, and ordered the bill for third reading. Committees and the floor noted required follow‑up on funding, staffing, and the intersection of deletion with discovery obligations.

Why it matters: H 645 would change how Vermont routes eligible cases out of the traditional criminal docket, standardize record deletion for successful pre‑charge diversion, and create statewide data and oversight that supporters and critics said are designed to improve geographic equity and program reliability.

Provenance: Topic introduced at SEG 1538–SEG 1680; floor interrogations and amendments recorded SEG 2121–SEG 2810.

Speakers (first reference): [{"name":"Member from Essex Junction","role_title":"Sponsor; speaking for House Judiciary","affiliation_type":"government","affiliation_name":"House Judiciary Committee","first_reference":{"block_id_start":"SEG 1538"}},{"name":"Member from Westford","role_title":"Member speaking for Ways & Means","affiliation_type":"government","affiliation_name":"House Ways & Means Committee","first_reference":{"block_id_start":"SEG 2043"}},{"name":"Member from Underhill","role_title":"Member speaking for Appropriations","affiliation_type":"government","affiliation_name":"House Appropriations Committee","first_reference":{"block_id_start":"SEG 2068"}}],

Authorities:[{"type":"statute","name":"13 VSA section 163 (juvenile court diversion) and 13 VSA section 164 (adult court diversion)","citation":"13 VSA §§163, 164","referenced_by":["SEG 1724","SEG 1856"]},{"type":"statute","name":"Definition cross-reference: child and youth as defined in 33 VSA section 5102","citation":"33 VSA §5102","referenced_by":["SEG 1706"]}],

Actions:[{"kind":"motion","identifiers":{"agenda_item_id":"H 645"},"motion":"Amend bill as recommended by committee on judiciary and appropriations; adopt committee amendments and additional clarifying amendments (including implementation timing for juvenile pre‑charge support)","mover":"Member from Essex Junction","second":"not specified","vote_record":[],"tally":{},"legal_threshold":{"met":true,"notes":"House voice votes adopted committee amendments; appropriations language included 'to the extent funds are available'."},"outcome":"approved","notes":"House amended the bill on the floor (multiple technical/clarifying amendments) and ordered third reading; appropriations recommended two positions 'to the extent funds are available'.","amendments":["clarifications re: juvenile deletion timing; voluntary participation language; funding/implementation timing"],"programs":["pre-charge diversion","post-adjudication reparative program working group"],"dependencies":[],"implementation":{"assignee_dept":"Office of the Attorney General (pre-charge), Department of Corrections (post-adjudication)","follow_up_tasks":[{"task":"Develop policies and public posting for county state's attorneys","due_date":"not specified","status":"planned"},{"task":"Appropriations to consider funding for two positions in FY2025","due_date":"FY2025 budget process","status":"planned"}],"reporting_requirements":"Reports due Jan 15, 2025; July 15, 2025; final report/legislation Nov 15, 2025."},"block_id_start":"SEG 1518"}],

Topics:[{"name":"restorative-justice/diversion","justification":"Primary subject of H 645: pre-charge diversion, post-adjudication programming, records deletion, administration and oversight.","scoring":{"topic_relevance":0.98,"depth_score":0.92,"opinionatedness":0.05,"controversy":0.65,"civic_salience":0.85,"impactfulness":0.80,"geo_relevance":1.00}}],

Clarifying_details:[{"category":"fees","detail":"Juvenile participation fee removed; adult diversion fees may be assessed up to $300","value":"300","units":"USD","approximate":false,"source_speaker":"Member from Westford"},{"category":"records deletion timing","detail":"For juvenile pre‑charge deletion, a 30‑day notice window after the 2‑year anniversary of successful completion was clarified; deletion available only for successful completers after July 1, 2025","detail":"Record deletion process and special index access described in bill","source_speaker":"Member from Essex Junction"},{"category":"reporting requirements","detail":"Working group to provide updates Jan 15, 2025; July 15, 2025; final proposed legislation Nov 15, 2025","source_speaker":"Member from Underhill"}],

Proper_names:[{"name":"Office of the Attorney General","type":"agency"},{"name":"Department of Corrections","type":"agency"},{"name":"Community Justice Centers","type":"organization"},{"name":"Tamarac (Tamarack) program","type":"program"}],

Searchable_tags":["H 645","restorative justice","pre-charge diversion","records deletion","AG office"],

Provenance_transcript_segments:[{"block_id_start":"SEG 1538","block_id_end":"SEG 1680","evidence_excerpt":"H 645, an act relating to the expansion of approaches to restorative justice.","reason_code":"topicintro"},{"block_id_start":"SEG 2121","block_id_end":"SEG 2810","evidence_excerpt":"Now the question is, shall the bill be amended as recommended by the Committee on Judiciary as amended?","reason_code":"topicfinish"}],

sections":{"lede":"Lawmakers debated H 645, a bill to reorganize Vermont’s restorative‑justice statutes, establish statewide administration for pre‑ and post‑charge diversion, create a deletion process for successful pre‑charge diversion, and add positions subject to appropriations.","nut_graf":"Sponsors said the bill modernizes and standardizes fragmented restorative services, requires public posting of county pre‑charge policies, and creates reporting requirements; critics pressed for clarity on county discretion, index access, victim services capacity, and costs.","ending":"The House adopted committee and floor amendments and ordered H 645 for third reading; appropriations language ties two new positions to funding availability and reporting deadlines were set for 2025."},

topic_primary":"restorative-justice/diversion","topics":[{"name":"restorative-justice/diversion","justification":"Direct coverage of H 645's statutory reorganization and administration of diversion programs.","scoring":{"topic_relevance":0.98,"depth_score":0.92,"opinionatedness":0.05,"controversy":0.65,"civic_salience":0.85,"impactfulness":0.80,"geo_relevance":1.00}}],

speakers":[{"name":"Member from Essex Junction","role_title":"Sponsor; speaking for House Judiciary","affiliation_type":"government","affiliation_name":"House Judiciary Committee","first_reference":{"block_id_start":"SEG 1538"}},{"name":"Member from Westford","role_title":"Member speaking for Ways & Means","affiliation_type":"government","affiliation_name":"House Ways & Means Committee","first_reference":{"block_id_start":"SEG 2043"}},{"name":"Member from Underhill","role_title":"Member speaking for Appropriations","affiliation_type":"government","affiliation_name":"House Appropriations Committee","first_reference":{"block_id_start":"SEG 2068"}}],

authorities":[{"type":"statute","name":"13 VSA §163 (juvenile diversion) and §164 (adult diversion)","citation":"13 VSA §§163, 164","referenced_by":["SEG 1724","SEG 1856"]},{"type":"statute","name":"33 VSA §5102 (definition of child and youth)","citation":"33 VSA §5102","referenced_by":["SEG 1706"]}],

actions":[{"kind":"motion","identifiers":{"agenda_item_id":"H 645"},"motion":"Adopt committee on judiciary report as amended and incorporate appropriations amendments (positions 'to the extent funds are available')","mover":"Member from Essex Junction","second":"not specified","vote_record":[],"tally":{},"legal_threshold":{"met":true,"notes":"Floor votes by voice to adopt committee amendments; appropriations language included."},"outcome":"approved","notes":"House amended the bill in multiple places, including timing for juvenile program support and deletion rules; third reading ordered.","amendments":["clarifying amendments on deletion timing, voluntary participation, juvenile implementation date (post July 1, 2025)","appropriations language making two positions funded 'to the extent funds are available'"],"programs":["pre-charge diversion","post-adjudication reparative program working group"],"dependencies":[],"implementation":{"assignee_dept":"Office of the Attorney General; Department of Corrections","follow_up_tasks":[{"task":"Appropriations to consider funding for positions (FY2025)","due_date":"FY2025","status":"planned"},{"task":"AG to develop program outcomes and annual reports due Dec 1 (per bill text)","due_date":"2025-12-01","status":"planned"}],"reporting_requirements":"Annual reporting and working group deadlines with final proposed legislation by Nov 15, 2025."},"block_id_start":"SEG 1518"}],

discussion_decision":{"discussion_points":["County-level discretion for pre-charge policies and potential inequities across counties; who may authorize pre-charge referrals; victim services capacity and whether deletion will hamper discovery obligations."],"directions":["AG to administer pre-charge and post-charge roles; Attorney General's office to maintain restricted index for deletions; appropriations to consider funding for two positions; working-group reporting deadlines established."],"decisions":["House adopted committee and floor amendments and ordered third reading; juvenile pre-charge support not to start before July 1, 2025; deletion only for successful completion after July 1, 2025."]},

clarifying_details":[{"category":"fees","detail":"Juvenile participation fee removed; adult diversion fees remain at up to $300","value":300,"units":"USD","approximate":false,"source_speaker":"Member from Westford"},{"category":"record_deletion","detail":"Pre‑charge deletion available for successful completion; juvenile deletion requires 30‑day notice window after the 2‑year anniversary; juvenile deletions effective only for participants who completed program after July 1, 2025.","source_speaker":"Member from Essex Junction"}],

proper_names":[{"name":"Office of the Attorney General","type":"agency"},{"name":"Department of Corrections","type":"agency"},{"name":"Community Justice Center","type":"organization"},{"name":"Tamarac","type":"program"}],

community_relevance":{"geographies":["statewide"],"funding_sources":["state general fund (positions subject to appropriations)"],"impact_groups":["victims of crime","people eligible for diversion","county prosecutors","restorative justice providers"]},

meeting_context":{"engagement_level":{"speakers_count":18,"duration_minutes":240,"items_count":1},"implementation_risk":"medium","history":[{"date":"2024-02-15","note":"Bill passed out of House Judiciary committee (vote noted in floor remarks)."}]},

highlights":[{"block_id_start":"SEG 1538","block_id_end":"SEG 1567","title":"Sponsor frames H 645 as modernization of restorative justice","summary":"Sponsor told the House that the bill modernizes Vermont's restorative‑justice structure, focusing on best practice and geographic equity while building on existing programs.","quote":"H 645 builds on this strong foundation to move Vermont into the next evolution of implementation with a focus on best practice and geographic equity.","confidence":0.95}],

claims_matrix":[{"speaker":"Member from Clarendon","speaker_role":"Representative (floor)","speaker_affiliation":"House","claim":"Deletion of pre‑charge records will pose long‑term concerns about state's attorneys' ability to meet constitutional discovery obligations","claim_type":"accusation","target":"records deletion policy","target_type":"policy","status":"disputed_in_hearing","response":"Sponsor said there is a special index with restricted access for authorized persons and that deletion mirrors existing expungement processes and is limited to successful completion; further statutory detail will be clarified prior to third reading.","response_speaker":"Member from Essex Junction","response_speaker_role":"Sponsor; Member from Essex Junction","transcript_segments":[{"block_id_start":"SEG 2328","block_id_end":"SEG 2338","evidence_excerpt":"The deletion of records will pose long term concerns about the state's attorney's ability to meet their constitutional discovery obligations when an individual is involved in a case after the deleted case.","reason_code":"topicintro"},{"block_id_start":"SEG 2539","block_id_end":"SEG 2550","evidence_excerpt":"On page 1039...it mentions how that the special index exists in related documents and it limits access to authorized persons.","reason_code":"topicfinish"}],"notes":"Status unresolved; sponsors identified index and restricted access but members want statutory cross‑references clarified."}],

searchable_tags":["H 645","restorative justice","pre-charge diversion","records deletion","Attorney General"],

provenance":{"transcript_segments":[{"block_id_start":"SEG 1538","block_id_end":"SEG 1680","evidence_excerpt":"H 645, an act relating to the expansion of approaches to restorative justice.","reason_code":"topicintro"},{"block_id_start":"SEG 2121","block_id_end":"SEG 2810","evidence_excerpt":"Now the question is, shall the bill be amended as recommended by the Committee on Judiciary as amended?","reason_code":"topicfinish"}]}