summary
Introduced
02/03/2026
02/03/2026
In Committee
02/03/2026
02/03/2026
Crossed Over
Passed
Dead
Introduced Session
2025-2026 Session
Bill Summary
This bill proposes to eliminate limitations on the imposition of bail; raise the maximum amount of bail a court may impose on a defendant who is charged with a misdemeanor that is eligible for sealing; require that the court hold without bail or impose mandatory minimum bail amounts for certain defendants who failed to appear at a court proceeding multiple times, were charged with or convicted of multiple misdemeanors or felonies, or are charged while on release for other pending charges; require the court to provide a written justification based on specific factors if the court does not hold the defendant without bail; authorize the law enforcement officer who arrested or cited the defendant for the offense to recommend detention without bail or an amount of bail and require the court to comply with the law enforcement officer’s recommendation in certain circumstances; require that the court hold an expedited hearing within 72 hours at which the defendant may present evidence regarding the bail determination; automatically forfeit all bail posted for a defendant’s previous charges if the defendant is released and arrested for a new offense while on release; eliminate H.866 the requirement that a court impose the least restrictive conditions when imposing conditions of release; eliminate the court’s consideration of the defendant’s financial means in imposing bail as a condition of release; and require that a judicial officer impose specified mandatory conditions of release on certain defendants who have failed to appear at a court proceeding multiple times, have been charged with or convicted of multiple misdemeanors or felonies, or are charged while on release for other pending charges.
AI Summary
This bill significantly alters the laws regarding bail and pretrial release, aiming to increase public safety and ensure court appearances by making it easier to detain defendants or impose higher bail amounts. Key provisions include removing limitations on imposing bail, increasing the maximum bail for certain misdemeanor offenses eligible for sealing to $1,000, and mandating detention without bail or setting minimum bail amounts for defendants with multiple failures to appear, prior convictions, or those charged while already on release for other offenses. The bill also allows law enforcement officers to recommend detention or specific bail amounts, which courts must follow in certain situations, and requires written justification if a court deviates from these recommendations. Furthermore, it eliminates the requirement for courts to consider a defendant's financial means when setting bail and removes the mandate to impose the least restrictive conditions of release, instead allowing for a broader range of conditions to ensure public protection and prevent flight. Bail posted for previous charges will be automatically forfeited if a defendant is released and then arrested for a new offense. Finally, the bill mandates expedited hearings within 72 hours for defendants held without bail, where they can present evidence, and sets an effective date of July 1, 2026.
Committee Categories
Justice
Sponsors (1)
Last Action
Read first time and referred to the Committee on Judiciary (on 02/03/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://legislature.vermont.gov/bill/status/2026/H.866 |
| BillText | https://legislature.vermont.gov/Documents/2026/Docs/BILLS/H-0866/H-0866%20As%20Introduced.pdf |
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