Senate Judiciary receives primer on pretrial release, bail and expanded home detention

MONTPELIER, Jan. 24, 2025 — The Senate Judiciary Committee heard a detailed presentation on pretrial release, bail and the expanded home‑detention program, including statutory standards and recent changes in S.195.

Ben, identified on the record as a lawyer from the Office of Legislative Counsel, told the committee that bail’s primary purpose is to ensure a defendant’s appearance in court and that Vermont’s framework is founded on the U.S. and Vermont constitutions and Title 13 statutes. “Bail is defined in statute as any security, including cash, that's pledged to the court to ensure that the person who's charged with the criminal offense will appear,” Ben said.

The presentation reviewed three constitutional exceptions that permit holding a defendant without bail: offenses punishable by life imprisonment, a violent‑felony exception, and persons awaiting sentencing. Ben explained that the violent‑felony provision now uses a clear‑and‑convincing evidentiary standard and that if a defendant is held without bail under the violent‑felony exception, a speedy‑trial requirement generally requires trial within 60 days.

Ben summarized statutory…