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BILL AS INTRODUCED 2007-2008

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H.327

Introduced by Representatives Masland of Thetford, Flory of Pittsford, Gervais of Enosburg, Klein of East Montpelier, Larson of Burlington, Nuovo of Middlebury and Orr of Charlotte

Referred to Committee on

Date:

Subject:  Crimes and criminal procedure; alternative sanctions; community
 justice boards; court diversion; reparative boards; study  

Statement of purpose:  This bill proposes to establish a committee to study the effectiveness of the three alternative sanctions boards currently operating in the state and to study the advantages and disadvantages of administering those alternative sanctions boards through a single state agency.

AN ACT RELATING TO THE EFFECTIVENESS AND COORDINATION OF VARIOUS ALTERNATIVE SANCTIONS BOARDS

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

Sec. 1.  COMMITTEE ON ALTERNATIVE SANCTIONS BOARDS

(a)  A committee is established to study the services provided by the three categories of alternative sanctions boards currently operating in the state, known as community justice centers, court diversion boards, and reparative boards.  The committee shall study the effectiveness of the three alternative sanctions boards and shall make recommendations that would improve service and reduce duplication.  The committee shall also study the benefits and drawbacks of administering the three alternative sanctions boards under a single state agency.

(b)  The committee shall consist of the following members:

(1)  One member appointed by the executive director of the department of state’s attorneys and sheriffs.

(2)  One member appointed by the defender general.

(3)  One member appointed by the attorney general.

(4)  One member appointed by the commissioner of the department of corrections.

(5)  One member appointed by the director of criminal justice services.

(6)  One member of a community justice center, appointed by the secretary of the agency of human services.

(7)  One member of a court diversion board, appointed by the attorney general.

(8)  One member of a reparation board, appointed by the commissioner of the department of corrections.

(9)  One member who is a victim’s advocate, appointed by agreement of the speaker of the house and the president pro tempore of the senate.

(10)  One member from the court administrator’s office, appointed by the court administrator.

(c)  The committee shall study:

(1)  The types of offenses and offenders each of the alternative sanctions boards undertakes.

(2)  The process by which offenders are referred to each alternative sanctions board.

(3)  The methods used by each board in providing services to offenders, local communities, and victims of crime, and the benefits and drawbacks of each of those methods.

(4)  Whether particular types of offenders or offenses fall under the authority of multiple alternative sanctions boards.

(5)  The information about the offenders, victims, and communities collected by each of the alternative sanctions boards.

(6)  How each alternative sanctions board utilizes the information described in subdivision (5) of this subsection.

(7)  Whether the information described in subdivision (5) of this subsection is shared with other alternative sanctions boards, and if so, for what purpose.

(8)  Recidivism rates among offenders whose cases are heard by each of the alternative sanctions boards.

(9)  The funding sources for each of the alternative sanctions boards.

(10)  Whether the alternative sanctions boards would provide more comprehensive services if they were administered by a single state agency.

(11)  Potential state agencies to manage the boards, including the benefits and drawbacks of each alternative.

(12)  If administering the alternative sanctions boards by a single agency is not recommended, processes to assure that the three alternative sanctions boards will reduce redundancy and provide quality services to local communities.

(d)  The committee shall have the assistance and cooperation of all agencies and instrumentalities of the state, which shall provide to the committee such information and analysis as the committee determines is necessary for the performance of its duties, subject to applicable laws of privilege and confidentiality.

(e)(1)  At its first meeting, the committee shall choose a chair from among its membership.  

(2)  Members of the committee who are not full-time state employees shall be entitled to per diem and expenses pursuant to section 1010 of Title 32.

(f)  The department of corrections and the court administrator shall provide support for the committee.

(g)  The committee shall report its findings to the house and senate committees on judiciary, human services, and appropriations on or before January 15, 2008.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us