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BILL AS PASSED BY SENATE 2007-2008

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S.2

AN ACT RELATING TO BAIL AND TO ELIGIBILITY FOR PUBLIC DEFENDER SERVICES FOR DEFENDANTS CHARGED WITH RETAIL THEFT

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

Sec. 1.  13  V.S.A. § 7554 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 an alcohol or drug treatment program.  The judicial officer shall take into consideration the defendant's ability to comply with an order of treatment and the availability of treatment resources.

(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.

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

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

(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.

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Sec. 2.  13 V.S.A. § 5201 is amended to read:

§ 5201.  DEFINITIONS

In this chapter, the term:

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(5)  "Serious crime" does not include the following misdemeanor offenses unless the judge at arraignment but before the entry of a plea determines and states on the record that a sentence of imprisonment or a fine over $1,000.00 may be imposed on conviction:

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(G)  Retail theft under $100.00 $900.00 (13 V.S.A. § 2577)

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Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us