Chief Superior Judge outlines H540 to tidy restorative-justice sentencing; committee gives straw-poll endorsement

MONTPELIER — Chief Superior Judge Tom Sone told the House Judiciary Committee on Thursday that H540 is largely a structural reorganization of existing post-adjudication reparative probation rules, intended to improve clarity, consistency and access across counties.

Sone said a working group he chaired — which included representatives from the Department of Corrections, community restorative programs and the Center for Crime Victim Services — reorganized statutory language into Title 28 and added a nonexclusive list of factors judges should weigh before ordering restorative-justice programs. "Section 3 is really the meat of what the group put together," he told the committee, describing the referral mechanics and the new factors to consider.

Sone emphasized the bill does not expand eligibility in substance and said the committee's drafting did not create a new fiscal obligation: "It costs nothing," he said when asked about budget impact. He said the bill also directs standardized forms and encourages geographic equity in access to reparative programs.

Committee members asked clarifying questions about how orders of protection and victim safety would be weighed under the new factors. Sone said judges must consider the totality of circumstances, including whether existing orders of protection affect victim safety or the appropriateness of restorative referral.

The chair conducted a straw poll on the committee's message for H540 and reported a unanimous result; several members flagged items for future follow-up but signaled no objection to moving the committee message forward. The committee will publish any formal recommendations and may return to refine statutory language in subsequent sessions.