Panel weighs clarifying 'disrupt the prosecution' standard in bail-revocation bill

The House Judiciary Committee resumed testimony on H.409, a bill that would clarify when repeated violations of conditions of release allow revoking a defendant's pretrial release, with prosecutors urging a narrow but clearer statutory standard and judges warning the legislature that courts will ultimately interpret any change.

Kim Nickranas, with the Department of State's Attorneys and Sheriffs, told the committee: "We absolutely understand, that there is a constitutional presumptive right to bail in Vermont," and said prosecutors seek a narrowly tailored definition of what it means for repeated violations to "disrupt the prosecution." She told lawmakers that the committee's work building on last year's Act 138 is appreciated and necessary to address repeat offender conduct that delays or frustrates prosecution.

The issue matters because the Vermont Supreme Court has allowed revocation of release in limited circumstances when there is a "legitimate and…