Criminal Justice (Corrections)

H 411 updates Vermont's public safety laws with several key changes. It extends extradition timelines to 120 days for individuals violating bail, probation, or parole in another state, and mandates a minimum five-year prison sentence for high-risk sex offenders who fail to comply with registry requirements. The bill restricts judges from using alternative sentences for repeat offenders or those violating probation without written justification, and changes the process for sealing criminal records to make sealing standard for most completed sentences with limited access for criminal justice and licensing purposes. Additionally, it transfers juvenile case jurisdiction for certain offenses from the Family Division to the Criminal Division and repeals a law that had raised the age of juvenile jurisdiction to 19.

This bill (H 252) prohibits individuals convicted of a second or subsequent felony from earning time off their prison sentence through Vermont's earned time program. It amends 28 V.S.A. § 818 to explicitly exclude people sentenced for a felony after a prior felony conviction from participating in the program. The key change removes this group from eligibility, meaning repeat felony offenders cannot reduce their sentences via earned time. This applies to all current and future offenders meeting this criteria, excluding them from the standard earned time provisions. The bill is currently pending referral to the Committee on Corrections and Institutions.

H.186 would require courts to impose a minimum two-year prison sentence for anyone convicted of selling or dispensing a regulated drug that causes a death, removing the judge's current ability to sentence below that term if they determine it serves "the interests of justice." This bill directly affects defendants in drug-related homicide cases where the death resulted from the sale or distribution of a regulated substance. The key provision eliminates judicial discretion in sentencing for these specific offenses, mandating the two-year minimum term without exception. The bill is currently under review by Vermont's Judiciary Committee after its initial introduction.

H 380 proposes two key changes to Vermont's criminal justice system. It upgrades penalties for violating release conditions (like missing court appearances) from misdemeanors to felonies, with maximum penalties of up to 3 years in prison or $5,000 fines. The bill also directs the Department of Corrections to hire 12 new Pretrial Supervision Officers and 2 administrative staff by fiscal year 2026 to fully staff the pretrial supervision program. These changes directly affect individuals released under court supervision and the Department of Corrections, with the law taking effect July 1, 2025.

This bill redefines how Vermont calculates recidivism (reoffending after a prior conviction) and establishes a four-tier classification system for repeat violent offenders. It sets specific time thresholds between offenses: Class 1 requires at least one year, Class 2 three years, Class 3 five years, and Class 4 ten years before a new conviction. The Department of Corrections will use these definitions to measure recidivism rates and track repeat violent offenders. The changes apply to individuals sentenced to over one year in prison or convicted of violent offenses, effective July 1, 2025. The bill does not alter sentencing or penalties but standardizes how these metrics are calculated.