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S.109

Introduced by   Senator Sears of Bennington District

Referred to Committee on

Date:

Subject:  Crimes; bail; conditions of release

Statement of purpose:  This bill proposes to permit a court to order a defendant to participate in nonresidential drug or alcohol treatment as a condition of release.

AN ACT RELATING TO CONDITIONS OF RELEASE RELATING TO DRUG AND ALCOHOL TREATMENT

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 7554(a) is amended to read:

§ 7554.  RELEASE PRIOR TO TRIAL

(a)  Any person charged with an offense, other than a person held without bail under section 7553 or 7553a of this title, shall at his or her appearance before a judicial officer be ordered released pending trial in accordance with this section.

(1)  The person shall be ordered released on personal recognizance or upon the execution of an unsecured appearance bond in an amount specified by the judicial officer unless the judicial officer determines that such a release will not reasonably assure the appearance of the person as required. In determining whether the person presents a risk of nonappearance, the judicial officer shall consider, in addition to any other factors, the seriousness of the offense charged and the number of offenses with which the person is charged.  If the officer determines that such a release will not reasonably assure the appearance of the person as required, the officer shall, either in lieu of or in addition to the above methods of release, impose the least restrictive of the following conditions or the least restrictive combination of the following conditions which will reasonably assure the appearance of the person as required:

(A)  Place the person in the custody of a designated person or organization agreeing to supervise him or her.

(B)  Place restrictions on the travel, association or place of abode of the person during the period of release.

(C)  Require the person to participate in a nonresidential alcohol or drug treatment program.

(D)  Require the execution of a secured appearance bond in a specified amount and the deposit with the clerk of the court, in cash or other security as directed, of a sum not to exceed ten percent of the amount of the bond, such deposit to be returned upon the appearance of the person as required.

(D)(E)  Require the execution of a surety bond with sufficient solvent sureties, or the deposit of cash in lieu thereof.

(E)(F)  Require the deposit with the clerk of court of cash bail in a specified amount.

(F)(G)  Impose any other condition found reasonably necessary to assure appearance as required, including a condition requiring that the person return to custody after specified hours.

(2)  If the judicial officer determines that conditions of release imposed to assure appearance will not reasonably protect the public, the judicial officer may in addition impose the least restrictive of the following conditions or the least restrictive combination of the following conditions which will reasonably assure protection of the public:

(A)  Place the person in the custody of a designated person or organization agreeing to supervise him or her.

(B)  Place restrictions on the travel, association, or place of abode of the person during the period of release.

(C)  Require the person to participate in a nonresidential alcohol or drug treatment program.

(D)  Impose any other condition found reasonably necessary to protect the public, except that a physically restrictive condition may only be imposed in extraordinary circumstances.

(3)   A judicial officer may order that a defendant not harass or cause to be harassed a victim or potential witness.  This order shall take effect immediately, regardless of whether the defendant is incarcerated or released.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us