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Police chiefs urge repeal of sunsetting public‑inebriate provision to preserve DOC hold option
Summary
Sean Burke, interim Burlington police chief, told the Judiciary committee S.109 should repeal the recurring sunset on the public‑inebriate provision so the Department of Corrections can continue to accept short‑term custody of intoxicated people who pose a safety risk when other options are unavailable.
Chief Sean Burke, interim chief of the Burlington Police Department, testified April 3 on behalf of the Vermont Association of Chiefs of Police urging repeal of the sunsetting public‑inebriate provision in S.109.
Burke described how under the state’s incapacitated‑person statute law enforcement may place an intoxicated person into protective custody when they pose a danger to themselves or others; historically, some counties used community providers such as the Howard Center’s ActOne Bridge to triage and house such individuals, but that program has closed. "When their behavior escalates and they're really posing a risk to emergency room staff ... there's no other alternative for folks that are presenting as dangerous due to their intoxication," Burke said. He argued that removing the recurring sunset and preserving the option for the Department of Corrections to house those individuals for short periods is necessary to keep emergency rooms and staff safe and to avoid pushing people further into the criminal legal system.
Burke told the committee the provision has been repeatedly delayed and that without repeal the change would go into effect this summer, creating uncertainty. Committee members asked whether community‑based alternatives could be restored; Burke said some providers had closed programs partly for staffing reasons following the pandemic and that county practices vary. He said having the DOC option available prevents immediate safety risks and potential escalation into criminal matters.
The committee thanked Burke for his testimony; no formal vote was recorded during the hearing.
