With the continued surge of the opioid epidemic, increased gun violence, a significant backlog of court cases, repeated instances of property and retail crime in many downtowns, and ever-present domestic violence, legislation addressing public safety, broadly defined, was a priority this session. The list of legislation below includes a number of significant bills addressing a spectrum of public safety, law enforcement, and harm reduction issues.
S.195 Criminal Records & Conditions of Release. I am a lead sponsor of this bipartisan bill which I introduced after hearing from constituents about repeated crimes committed by the same individuals in downtown Middlebury and other communities. While the Vermont Constitution sets strict standards for withholding bail, S.195 permits increasing bail for repeat offenders, clarifies that the use of a firearm while selling or trafficking drugs is considered a violent act for the purposes of setting bail, and strengthens conditions of release measures for individuals who have failed to comply with previous orders. The bill creates a new Pretrial Supervision Program and a new Home Detention Program, which may be required for certain individuals who have previously violated conditions of release, including by committing further crimes. These programs include monitoring and supervision of individuals by the Department of Corrections with the goal of ensuring public safety, decreasing recidivism, and improving compliance with orders. Finally, the bill also reinstitutes the Community Restitution Program as a sentencing alternative.
H.72 Overdose Prevention Centers. This bill is part of a multi-year effort to improve harm reduction measures for Vermonters with opioid use disorder. The bill uses Opioid Settlement funding to establish an overdose prevention center (OPC) in Burlington where folks who are addicted to illicit drugs can be connected to services and in the meantime safely use drugs under the supervision of trained professionals who will intervene to prevent an overdose. OPCs are safe, effective harm-reduction facilities that have been proven to save lives, reduce crime, and increase access to treatment and social services. They have been established worldwide, including in Canada, New York City, San Francisco, and Rhode Island. H.72 includes a multi-year evaluation of the Burlington OPC, the option for other communities to open an OPC in the future, and a statewide expansion of syringe service programs. As a member of the Opioid Settlement Advisory Committee, I have worked for several years to see this bill come to fruition and am eager to see it move forward. Governor Scott vetoed this bill.
H.883 FY25 State Budget. The state budget includes several notable provisions related to public safety, including the creation of three permanent Superior Court judge positions and 35 temporary positions within the Judiciary and Department of State’s Attorneys and Sheriffs in order to help address the backlog of cases in the Vermont judicial system. The budget bill also appropriates opioid settlement funds for support of current and new recovery residences and recovery centers, expanded syringe service programs, community-based stabilization beds, recovery housing, treatment programs, and school-based prevention programs.
S.58 Juvenile Offenses and Drug Crimes. At the request of the Scott Administration, this bill delays implementation of raising the age to 20 years old for juvenile offenses to be heard in Family Court until April 1, 2025. Although this program has proven to be effective, the Department of Children & Families asserts that they don’t have the capacity to fully implement it at this time. The bill requires regular reports from DCF on how they can increase their capacity in order to fully implement the Raise the Age initiative. Further, the bill includes certain offenses related to firearms, drug trafficking, and stalking as offenses that would be heard in criminal rather than family court for juveniles over age 16. The bill also strengthens penalties for “knowingly” illegally selling or dispensing fentanyl or xylazine, which are fueling the deadly opioid epidemic. Finally, it requires a “flash citation” to immediately prohibit individuals arrested for alleged illegal drug activity in a dwelling where they are not a legal tenant from coming near that dwelling upon release. While this bill proved to be controversial, I voted for it given the prominence of drug-related crimes in many Vermont communities.
S.209 Vermont Ghost Guns Act. With the rise of online instructions for building or creating guns through kits or 3-D printers, this bill will require that such firearms, frames, and receivers be imprinted with a serial number through a federally-licensed firearms dealer so that these guns can be tracked if they’re used in the commission of a crime. The bill also establishes penalties for violations of these requirements. Finally, the bill prohibits possession of a firearm at polling place, a crucial provision during this year’s potentially tense presidential election. While he did not veto it, Governor Scott did not fully support this bill and let it become law without his signature.
H.585 Sheriff Compensation. While I am deeply disappointed that we were not able to advance a constitutional amendment related to qualifications for office and removal of county officers, including sheriffs and state’s attorneys, we did pass H.585 which updates pension qualifications for sheriffs and establishes a compensation scale based on their level of law enforcement certification. Thus, while we can only remove a sheriff from office through impeachment, if a sheriff fails to earn or loses their law enforcement certification for misconduct, their salary will be reduced by up to 30%. The bill also seeks recommendations from the Department of State’s Attorneys and Sheriffs for implementing a similar pay-scale for state’s attorneys.
H.872 Law Enforcement Officers’ Code of Conduct. This bill requires the Vermont Criminal Justice Council (VCJC) to establish this code of conduct and requires each law enforcement officer, as a condition for obtaining and maintaining certification, to comply with the Code. The Code will prohibit criminal conduct, untruthfulness, misuse of official position, discrimination & biased enforcement, unlawful use of force, and domestic violence. The bill establishes a procedure for investigations, sanctions, and enforcement at the local and state level.
H.27/Act 103 Coercive Controlling Behavior. This bill updates the definition of abuse to include coercive controlling behavior as a form of abuse that a judge must consider when issuing a relief from abuse civil protection order. Such behavior means a pattern of behavior that in purpose or effect interferes with a person’s free will and personal liberty, including isolating someone from friends or family members, controlling or monitoring someone’s movement, compelling someone by force or threat, depriving someone of basic necessities, etc. Coercive controlling behavior is all too common in instances of domestic abuse so this bill is an important step forward in keeping Vermonters safe from such abuse.
Header Photo: Sun setting from the peaceful, four-corners of downtown Vergennes.
Ruth for Vermont 