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Governor’s counsel outlines public-safety package, urges repeal of 19‑year juvenile change

2122788 · January 16, 2025
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Summary

Jay Pershing Johnson, legal counsel to Governor Phil Scott, told the Senate Judiciary Committee on Jan. 16 that the administration will present an omnibus public-safety bill that seeks to change how Vermont handles several criminal-justice issues, including the planned April 2025 expansion of juvenile jurisdiction to age 19.

Jay Pershing Johnson, legal counsel to Governor Phil Scott, told the Senate Judiciary Committee on Jan. 16 that the administration will present an omnibus public-safety bill that seeks to change how Vermont handles several criminal-justice issues, including the planned April 2025 expansion of juvenile jurisdiction to age 19.

"We are looking to repeal, raise the age for 19 year old adult offenders, and reform our youthful offender procedures to ensure accountability," Johnson said. He told the committee the administration believes the April 2025 change — which would treat some 19-year-olds as juveniles — is untested and that the Department for Children and Families lacks capacity to manage the resulting caseload.

Key proposals described to the committee included: - Repeal of the April 2025 expansion of juvenile jurisdiction that would treat 19-year-olds as youth for certain proceedings; - Reform to youthful-offender procedures so those cases remain in criminal court as sealed proceedings and to strengthen post-release accountability; - Clearer bail-revocation standards for defendants who reoffend or repeatedly violate release conditions; - A shift from expungement to universal sealing of records so records remain available for criminal-justice uses while limiting public access; - Limits on judicial authority to suspend sentences for people convicted of multiple violent offenses; - Authority for law enforcement to return fugitives who waived extradition as a condition of release in another state, with built-in verification safeguards; and - Expansion and evaluation of a pretrial supervision program that to date was funded effectively for only one county (Orleans County).

Johnson also addressed substance-use and public-inebriation issues. He asked the legislature to repeal a July 1, 2025 sunset that would remove the ability to transport disorderly or violent individuals impaired by drugs or alcohol to correctional facilities, and to expand crisis mental-health and public-inebriation beds and treatment resources.

Why this matters: Johnson said communities are asking for swifter and more-certain accountability, and the administration frames these changes as using existing tools and institutions more effectively rather than simply increasing penalties. He also signaled an intent to pair some policy changes with proposals to improve linkage to treatment, housing and employment for people with substance-use disorders.

Committee members pressed Johnson on implementation details, resource needs and separation of powers. Senator Leonard Baruth asked whether the administration had previously sought delays and now sought repeal; Johnson said the administration had tried to implement the change in good faith but concluded it was not working. When asked about budget implications for mental-health and substance-use services, Johnson said the administration is discussing proposals to improve Medicaid matching and other funding but did not provide a specific budget request in the hearing.

Johnson said the office of the attorney general reports that roughly 50% of extraditions requested of Vermont include a waiver of extradition by the person sought; the administration's proposal would authorize returning fugitives who have waived extradition elsewhere, subject to verification.

He also said the 2024 statewide pretrial supervision program for repeat offenders was funded only for Orleans County, and the administration is awaiting outcomes data as it considers expansion.

Ending note: Johnson said the administration plans to submit draft language and to pursue the ideas in a single omnibus bill for the session; committee members signaled they expect additional testimony and bill language to inform deliberations.