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ACLU briefs committee on incarceration trends and civil liberties priorities for session
Summary
The ACLU of Vermont and new policy staff told lawmakers the state's prison population has fallen since 2008 but racial disparities persist; the organization flagged pretrial detention, civil liberties risks with potential federal actions and a range of legislative priorities.
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Falco Schilling, advocacy director for the ACLU of Vermont, and Jordan Souder, policy advocate, briefed the Judiciary Committee Friday on the organization’s priorities: reducing reliance on incarceration, addressing racial disparities and guarding civil liberties in the face of potential federal actions.
Schilling told the committee Vermont’s incarcerated population fell from about 2,200 in 2008 to roughly 1,429 at the time of the briefing (with a low point near 1,225 during the pandemic). He emphasized the persistence of racial disparities: Black Vermonters are incarcerated at about seven times the rate of white Vermonters and Hispanic Vermonters are incarcerated at roughly four-and-a-half times the white rate, figures the ACLU cited as part of its Smart Justice campaign.
Why it matters: The ACLU urged legislators to consider evidence that longer sentences and harsher penalties do not reliably reduce crime and said the state should use incarceration as a last resort, pursue pretrial reforms, and fund upstream services that reduce criminal legal system contact.
Highlights
- Incarceration trends: The ACLU reported a roughly 35% reduction in Vermont’s incarcerated population since 2008 but said the state still has significant racial disparities.
- Pretrial detention concerns: The group noted a high number of people held pretrial — a policy and court-processing concern the committee said it would monitor in upcoming backlog and scheduling work.
- Civil liberties and federal actions: The ACLU flagged the potential for federal-level policy changes that could affect civil liberties and said it will monitor and litigate where it sees constitutional violations.
Ending
Schilling and Souder offered to provide research and legal analysis for the committee, and the ACLU said it would remain engaged on bills that affect incarceration, policing practices and privacy protections.

