Bill > H0409

This bill updates Vermont's bail revocation procedures by clarifying the grounds and processes for revoking a defendant's bail. The bill explicitly states the legislative intent to align bail revocation statutes with previous court decisions, specifying that repeated failures to appear in court, repeated violations of release conditions, and other court order violations constitute a compelling state interest. The bill expands the bases for bail revocation to include actions that disrupt prosecution, such as intimidating witnesses, repeatedly violating release conditions, threatening judicial system integrity, failing to appear in court without just cause, or being charged with a new felony or personal crime while on bail. It establishes a detailed procedural framework requiring the state to prove bail revocation grounds by a preponderance of evidence, allows for evidence through affidavits or sworn statements, and permits law enforcement to arrest a person without a warrant after bail revocation. The bill also introduces a new definition of "disrupt the prosecution" that considers a defendant's risk of flight, public safety, and court compliance. Additionally, the bill mandates that if a trial is not commenced within 60 days of bail revocation and the delay is not attributable to the defense, the court must immediately schedule a new bail hearing. The legislation is set to take effect on July 1, 2025.

Justice

https://legislature.vermont.gov/bill/status/2026/H.409