Vermont House advances S.195 to expand pretrial supervision, widen conditions courts may impose

The Vermont House on the floor advanced S.195, a bill overhauling how courts consider a defendant’s criminal record when setting bail and conditions of release, and proposed to the Senate to amend the measure after committee work.

Supporters, led by Representative Malone, said the bill clarifies statutory factors courts should weigh and adds tools for judges to ensure appearance in court while protecting public safety. "S.195 provides that the $200 maximum does not apply if the court finds that the person has previously engaged in flight from prosecution," Malone explained, describing the statute-level changes to 13 V.S.A. §7551 and §7554. The bill also adds pretrial supervision and home‑detention as possible conditions of release and creates a pretrial supervision program that the Department of Corrections would run, with an intended start date of Jan. 1, 2025.

Committee sponsors summarized eligibility and safeguards in committee amendments: placement in pretrial supervision would be limited to defendants who have violated conditions of release or who have at least five pending court cases and who pose a risk of nonappearance, flight, or danger to the public; courts would set levels of supervision based on DOC recommendations and evidence‑based screenings. The House corrections committee emphasized that the program would operate only where funding is appropriated and that implementation would focus on designated areas to avoid unfunded statewide mandates.

Opponents and questioners raised concerns about capacity, funding, and civil‑liberty implications. One member said text reminders and court‑notification improvements may address many missed appearances and cautioned against an unfunded mandate; that member stated, "I will not be supporting the bill," citing funding gaps for new pretrial positions. Members also pressed for clarity on the definition of "use of a firearm" in the bill's sentencing‑and‑bail provisions; the presenter defined "use" as "an active employment of the firearm by the defendant" that makes it an operative factor in the predicate offense.

Committees that reviewed the bill reported numerous witnesses, including the commissioner of the Department of Corrections, the chief superior judge, state prosecutors, defenders, ACLU representatives, and academic researchers. Committees also described technical amendments moving and renumbering statutory language (notably changes tied to 13 V.S.A. §7559) to create expedited procedures for addressing violations of conditions of release.

The House ordered third reading and proposed to the Senate to amend the bill by voice votes. The bill as amended includes funding triggers, limits on where pretrial supervision may be ordered, and a pilot approach to the DOC‑administered programs while the legislature considers appropriations and oversight provisions.

Next steps: the House has proposed the amendments to the Senate and ordered third reading; final implementation will depend on appropriations and any further amendments enacted by the legislature or actions by the Senate.