Vermont 2025-2026 Regular Session

Vermont Senate Bill S0096 Compare Versions

Only one version of the bill is available at this time.

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1	1	BILL AS INTRODUCED S.96
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6	6	S.96 1
7	7	Introduced by Senator Hashim 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Corrections; general definitions; recidivism; desistence; repeat violent 5
11	11	offenders 6
12	12	Statement of purpose of bill as introduced: This bill proposes to redefine how 7
13	13	recidivism is calculated and establishes a graduated classification system to 8
14	14	track individuals who recidivate. The bill also proposes establishing 9
15	15	definitions, calculations, and classification systems to measure individuals who 10
16	16	commit repeat violent offenses. 11
17	17	An act relating to the calculation of recidivism and other related 12
18	18	criminology measures 13
19	19	It is hereby enacted by the General Assembly of the State of Vermont: 14
20	20	Sec. 1. 28 V.S.A. § 3 is amended to read: 15
21	21	§ 3. GENERAL DEFINITIONS 16
22	22	As used in this title: 17
23	23	(1) “Child” means any person: 18 BILL AS INTRODUCED S.96
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28	28	(A) charged with having committed a delinquent act as defined in 1
29	29	33 V.S.A. § 5102 or adjudicated a delinquent and committed to the custody of 2
30	30	the Commissioner; or 3
31	31	(B) charged with being or adjudicated unmanageable as defined by 4
32	32	33 V.S.A. § 5102(3)(C) and (D), and committed to the custody of the 5
33	33	Commissioner for Children and Families and subsequently transferred to the 6
34	34	custody of the Commissioner. 7
35	35	(C) [Repealed.] 8
36	36	(2) “Commissioner” means the Commissioner of Corrections. 9
37	37	(3) “Correctional facility” or “facility” means any building, enclosure, 10
38	38	space, or structure of or supported by the Department and used for the 11
39	39	confinement of persons committed to the custody of the Commissioner, or for 12
40	40	any other matter related to such confinement. 13
41	41	(4) “Department” means the Department of Corrections. 14
42	42	(5) “Inmate” means any person, not a child, committed to the custody of 15
43	43	the Commissioner pursuant to the law of the State and subsequently committed 16
44	44	to a correctional facility and any person confined at a correctional facility 17
45	45	during the pendency of a prosecution against him or her. 18
46	46	(6) “Law” includes the laws and ordinances of the State, its political 19
47	47	subdivisions, and municipalities. 20 BILL AS INTRODUCED S.96
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52	52	(7) “Law enforcement officer” means a State Police officer, a sheriff, a 1
53	53	deputy sheriff, a municipal police officer, a constable, the Commissioner, or a 2
54	54	member of the Department of Corrections when appointed in writing by the 3
55	55	Commissioner and when his or her appointment is filed in the Office of the 4
56	56	Secretary of State. The Commissioner or such member shall have the same 5
57	57	powers as a sheriff. 6
58	58	(8) “Offender” means any person convicted of a crime or offense under 7
59	59	the laws of this State, and, for purposes of work crew community restitution, a 8
60	60	person found in civil contempt under 15 V.S.A. § 603. 9
61	61	(9) “Supervising officer” means the highest administrative officer in 10
62	62	charge of any correctional facility. 11
63	63	(10) “Correctional officer” means any person who is an employee of the 12
64	64	Department of Corrections whose official duties or job classification includes 13
65	65	the supervision or monitoring of a person on parole, probation, or serving any 14
66	66	sentence of incarceration whether inside or outside a correctional facility, and 15
67	67	who has received training, as approved by the Commissioner of Corrections, as 16
68	68	provided in section 551a of this title. 17
69	69	(11) “Recidivism” means a person who is convicted of a criminal 18
70	70	offense after receiving a criminal conviction for a previous crime. 19 BILL AS INTRODUCED S.96
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75	75	(12) “Repeat violent offender” means a person who commits repeated 1
76	76	criminal offenses for which the crime type against another individual is 2
77	77	considered violent. 3
78	78	(13) “Restorative justice program” means a program developed and 4
79	79	implemented by the Commissioner, consistent with State policy and legislative 5
80	80	intent as provided by section 2a of this title. 6
81	81	(12)(14) Despite other names this concept has been given in the past or 7
82	82	may be given in the future, “segregation” means a form of separation from the 8
83	83	general population that may or may not include placement in a single-9
84	84	occupancy cell and that is used for disciplinary, administrative, or other 10
85	85	reasons, but shall not mean confinement to an infirmary or a residential 11
86	86	treatment setting for purposes of evaluation, treatment, or provision of 12
87	87	services. 13
88	88	Sec. 2. 28 V.S.A. § 4 is amended to read: 14
89	89	§ 4. STANDARD MEASURE AND CLASSIFICATIONS OF RECIDIVISM; 15
90	90	REPEAT VIOLENT OFFENDERS 16
91	91	(a) Recidivism. 17
92	92	(1) Classifications. The Department shall calculate classify the rate type 18
93	93	of recidivism based upon offenders persons who are sentenced to more than 19
94	94	one year of incarceration who, after release from incarceration, return to prison 20
95	95	within three years for a conviction for a new offense or a violation of 21 BILL AS INTRODUCED S.96
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100	100	supervision resulting, and the new incarceration sentence or time served on the 1
101	101	violation is at least 90 days convicted of a criminal offense and meet one of the 2
102	102	following: 3
103	103	(A) Class one recidivism. Not less than one year has elapsed from 4
104	104	the time of sentencing before the person commits a new offense that results in 5
105	105	a conviction. 6
106	106	(B) Class two recidivism. Not less than three years have elapsed 7
107	107	from the time of sentencing before the person commits a new offense that 8
108	108	results in a conviction. 9
109	109	(C) Class three recidivism. Not less than five years have elapsed 10
110	110	from the time of sentencing before the person commits a new offense that 11
111	111	results in a conviction. 12
112	112	(D) Class four recidivism. Not less than 10 years have elapsed from 13
113	113	the time of sentencing before the person commits a new offense that results in 14
114	114	a conviction. 15
115	115	(2) Calculations. 16
116	116	(A) Persons sentenced to incarceration will be considered eligible to 17
117	117	recidivate upon release from a correctional facility. 18
118	118	(B) Persons sentenced to a noncarceral sentence are considered 19
119	119	eligible to recidivate on the disposition date of a case. 20
120	120	(C) A conviction will determine whether a person has recidivated. 21 BILL AS INTRODUCED S.96
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125	125	(D) The arraignment date associated with the conviction will 1
126	126	determine the recidivism classification. 2
127	127	(b) Repeat violent offenders. The Department shall calculate the rate of 3
128	128	repeat violent offenders based upon individuals who are convicted of a 4
129	129	criminal offense and meet one of the following classifications: 5
130	130	(1) Class one repeat violence. Not less than one year has elapsed from 6
131	131	the time of sentencing before the person is convicted of a violent offense. 7
132	132	(2) Class two repeat violence. Not less than three years have elapsed 8
133	133	from the time of sentencing before the person is convicted of a violent offense. 9
134	134	(3) Class three repeat violence. Not less than five years have elapsed 10
135	135	from the time of sentencing before the person is convicted of a violent offense. 11
136	136	(4) Class four repeat violence. Not less than 10 years have elapsed from 12
137	137	the time of sentencing before the person is convicted of a violent offense. 13
138	138	Sec. 3. 28 V.S.A. § 125(b) is amended to read: 14
139	139	(b) Definitions. As used in this section: 15
140	140	* * * 16
141	141	(5) “Recidivism” has the same meaning as in section 4 subdivision 3(11) 17
142	142	of this title. 18
143	143	Sec. 4. EFFECTIVE DATE 19
144	144	This act shall take effect on July 1, 2025. 20