Vermont House Judiciary hears expert concerns on H.578 over mandatory sentences, service rules and court oversight

Montpelier — The House Judiciary Committee on Wednesday continued testimony on H.578, a bill that would broaden Vermonts animal cruelty laws, impose new post-conviction possession limits and create a procedure to require owners to post funds to cover the housing and care of seized animals.

Chief Superior Judge Tom Zonne told the panel he had reviewed the bill section by section and raised multiple practical concerns. "When you take a may to a shall for sentencing, you are creating a one-size-fits-all model," Zonne said, arguing the change would remove discretion that prosecutors, defense counsel and judges now rely on to fashion individualized sentences. He warned that mandatory sentencing elements could preclude plea stipulations that currently enable case resolutions.

Zonne also urged the committee to move civil forfeiture and the new "cost-of-care" action into the civil division rather than the criminal division, saying the civil division is better equipped to manage drawn-out proceedings and that the criminal docket is already burdened. He flagged service provisions in the bill that limit service…