Judiciary committee hears H.105 to expand youth substance-awareness program, fold 0.02 impaired-driving cases into diversion

The House Judiciary Committee on Feb. 18 considered H.105, a bill that would expand Vermont's Youth Substance Awareness Safety Program (YSASP), lower the minimum eligible age and roll civil impaired-driving cases with a 0.02 blood-alcohol concentration (BAC) into the YSASP diversion track, bill author and staff said.

"This bill does a few things," said Ben Novogrovsky of the Office of Legislative Council, describing the proposal to lower the minimum eligible age from 16 to 10 and to "include violations for youth to engage in impaired driving with a minimum 0.02 blood alcohol concentration." Novogrovsky presented the bill's text and said several existing statutes would be rolled into a single YSASP framework.

Committee witnesses and law-enforcement officials told lawmakers the changes are intended to reduce confusion among officers, youth and families and to accelerate intervention after an underage possession or low-BAC driving stop. Willa Farrell of Court Diversion and Pretrial Services, Office of the Attorney General, said the bill's purpose is to "have a very fast response" so young people receive a timely intervention and a consistent process. Lieutenant Paul Ravel of the Vermont State Police testified that streamlined paperwork and a single diversion track would make on-scene handling of large underage gatherings easier: "The sooner the education can get to them and get to them earlier and quicker, I think this is a beneficial program."

What the bill does

Ben Novogrovsky summarized the principal changes in H.105. The bill would: - Lower the minimum eligible age for YSASP from 16 to 10 (the bill text places the lower bound at 10). - Add low-level impaired-driving civil violations (operating with a BAC of 0.02 or more while under 21) into the YSASP diversion pathway so those incidents are initially handled as diversion rather than through separate civil suspension forms. - Move language from 23 V.S.A. §1216 into 7 V.S.A. §656 and repeal the old cross-referenced sections (7 V.S.A. §657 and 23 V.S.A. §1216 as drafted in the bill). - Cap certain program fees for YSASP referrals at $100 for those under 21 and add enhanced confidentiality and public-records exemptions for YSASP records. - Preserve civil penalties for failure to complete diversion: current-law civil penalties would apply if a youth fails to complete the program (first offense described in the bill: a $300 civil penalty and a six-month suspension; second or subsequent offense: $600 and a one-year suspension or until the person reaches age 21, whichever is longer). - Provide for restricted-driver (ignition interlock) licenses and an automatic reinstatement provision after successful operation on an RDL for 180 days, per the bill text.

Officials and program staff described the problems the bill aims to fix. Novogrovsky said paperwork and parallel tracks can leave youth uncertain which requirements apply and can result in youths completing YSASP yet still being surprised later by a separate civil suspension. Meg Rizzo, executive director of the Washington County Diversion Program, said the current 0.02 ticket often looks like an ordinary traffic ticket and leads some families to pay the small statutory surcharge without understanding the potential license consequences: "If you are a parent or a confused youth with a stack of papers because you just got arrested ... you see the $47 and think, I'll just pay this." Rizzo said centralizing those cases through diversion would reduce that confusion.

Program practice and safeguards

Diversion staff described how YSASP works in practice: an initial screening and education session; referral to a clinician if screening suggests higher risk; voluntary participation; and a fee structure. Kelly Ahrens of the Burlington Community Justice Center said staff use evidence-based screening and restorative conversations to assess risk and connect young people to services. "The program is helpful. I learned new things about the risk of alcohol. I didn't feel judged," Ahrens quoted a participant describing program experience.

Several witnesses flagged policy questions. Marco Kahl of the Office of the Defender General said the bill clarifies a confusing patchwork of statutes and largely supports the bill’s goals, but cautioned that setting the minimum age at 10 is too young: "10 is just too young," he said, recommending a higher minimum. Committee members and witnesses also discussed whether completion of diversion should remove any suspension consequence or whether some suspension or other safety measure should remain for second or subsequent infractions.

Law enforcement perspective

Lieutenant Ravel described operational advantages for officers at large underage gatherings if the process is standardized: officers would be able to issue a single diversion notice rather than produce multiple juvenile petitions and separate tickets, which he called time-consuming and administratively burdensome. He emphasized that the bill does not remove the criminal track in more serious cases: "Once you hit 0.08, then the driving-under-the-influence [criminal] process kicks in and you're arrested at that point."

Confidentiality and records

H.105 would require the Department of Motor Vehicles to keep YSASP adjudications in a segregated registry, and include statutory language that limits release of identifying information to law enforcement for investigatory purposes and to insurers for license-suspension recording. The bill also adds public-records exemptions for materials generated by the suspension/diversion process.

Where the legislation stands

Novogrovsky said the bill would repeal the prior provisions rolled into the new section and that "the act will take effect on July 1 of this year" if enacted. Committee members did not vote on H.105 during the hearing; witness testimony and line-by-line staff explanation were the primary activity.

Closing note

Witnesses from diversion programs, public defenders and law enforcement generally supported the bill's goal of a clearer, faster diversion pathway for many underage possession and low-BAC driving incidents while raising questions about the youngest eligible age and whether some graduated suspension or other safety measures should apply for repeat offenders. The committee scheduled additional testimony and follow-up questions for subsequent hearings.