WeVote
Log In

Bill

Bill

H 529

An act relating to enforcing violations of court-imposed pretrial supervision conditions

2025-2026 Regular Session Introduced by Martin LaLonde

Creates a formal mechanism for enforcing pretrial release conditions by allowing officers to petition courts for review and placement into a funded, evidence-based supervision prog

Read first time and referred to the Committee on Judiciary
0
WeVote Research Nonpartisan
Bill Summary · H 529

Overview

H.529, introduced by Rep. Martin LaLonde (South Burlington) in Vermont's 2025-2026 session, would modify the enforcement of court-imposed pretrial supervision conditions. The bill authorizes pretrial supervision officers to file a motion with the Criminal Division to review pretrial supervision conditions when a defendant violates those conditions. It sets out eligibility, procedures, and related program policies, and ties the program to funding and Department of Corrections administration.

Main purpose and intent

  • Create a mechanism for enforcing violations of court-imposed pretrial supervision conditions by allowing pretrial supervision officers to petition the court for a review of the supervision conditions.
  • Establish a formal framework for placing eligible defendants on a structured, evidence-based pretrial supervision program intended to improve compliance, reduce nonappearance, flight risk, and public safety concerns while awaiting trial.

Key provisions and changes

  • Section 7555 (Pretrial Supervision Program)
    • Purpose: Support compliance with release conditions, coordinate pretrial services, ensure court appearances, and reduce recidivism risk while awaiting trial.
    • Definition: Uses the term “absconded” consistent with existing law.
    • Program operation (subsections c):
    • Starting Jan 1, 2025, targets defendants who violate release conditions or have five or more pending dockets and pose risk (nonappearance, flight, public endangerment).
    • Department of Corrections (DOC) assigns a pretrial supervision officer, determines supervision level using evidence-based screening, and may employ various contact methods (telephone monitoring, telephonic or in-person meetings, electronic monitoring, etc.).
    • Court order: When placing a defendant in the program, the court bases the level of supervision on DOC recommendations.
  • Section 7555 (d) Procedure
    • At arraignment or later, prosecutors or defendants may move, or the court may on its own motion, for a court review to determine eligibility for pretrial supervision.
    • Eligibility: Defendant must have violated a condition of release or have five or more pending dockets.
    • After a hearing and review of DOC recommendations, the court may release the defendant to the Pretrial Supervision Program if it reasonably ensures appearance, mitigates flight risk, and protects the public. The court considers factors including:
    • Nature of the violation
    • Offense circumstances
    • Defendant’s prior record and risk factors (violence history, health needs, supervision history, flight risk)
    • Possible risk to third parties or public safety
    • Other relevant factors
  • Section 7555 (e) Compliance and review
    • Officers must notify prosecutors and attempt to notify defendants of violations of court-imposed and DOC-imposed conditions.
    • A defendant’s compliance may be reviewed upon motion by prosecutor, defendant, or court.
    • Officers may file a motion to review pretrial supervision conditions for violations of court-imposed program conditions.
    • Court may issue a warrant if a defendant fails to report, commits multiple violations, or absconds, upon submission of a sworn affidavit by the pretrial supervision officer.
  • Section 7555 (f) Policies and procedures
    • The DOC must establish written policies and procedures for the Pretrial Supervision Program by Nov. 1, 2024, including supervision levels, evidence-based criteria, and acceptable means of contact.
  • Section 7555 (g) Contingent on funding
    • The program operates only to the extent funding is appropriated. If a county lacks operation, courts shall not order pretrial supervision as a condition of release in accordance with 13 V.S.A. § 7554.
  • Section 7555 (h) Program support
    • DOC may support the program through grants or contracts with public entities meeting requirements.

Who is affected

  • Defendants with violations of court-imposed pretrial conditions or those with five or more pending dockets who may be eligible for pretrial supervision.
  • Prosecutors, defense attorneys, and the courts, which would handle motions, hearings, and orders related to pretrial supervision reviews.
  • Department of Corrections, which would supervise, stratify supervision levels, and coordinate services and monitoring.
  • Any contractors or grantees engaged by the DOC to support monitoring operations.

Procedural and timeline notes

  • Effective date: July 1, 2026.
  • Administrative timeline: DOC must establish policies and procedures by November 1, 2024 (earlier than the act’s effective date, indicating transitional planning requires alignment with existing pretrial practices).
  • Operational note: The pretrial supervision program requires funding; without it, the program does not operate in certain counties, and courts cannot order pretrial supervision in those counties.

Potential impact

  • Enhanced enforcement mechanism for violations of pretrial conditions via court review motions initiated by pretrial supervision officers.
  • Clearer pathway for escalating violations to court-ordered supervision or warrants, potentially reducing flight risk and nonappearance.
  • Increased role for DOC in determining supervision levels using evidence-based criteria, with multiple modalities of monitoring.
  • Dependency on ongoing funding and policy implementation across counties; variability may occur if funding or county implementation is uneven.

If you’d like, I can provide a concise one-page briefing or a comparison with related Vermont pretrial statutes.

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.