Act No. 41 (S.108). Crimes and criminal procedure; corrections; sentencing; furlough; arraignments

This act is also known as "The War on Recidivism Act" and addresses a number of issues related to criminal justice and corrections policy.

· Clarifies that a sentence is not considered "fixed" and thereby prohibited by Vermont's indeterminate sentencing structure, provided the minimum and maximum terms of the sentence are not identical

· Permits the department of corrections to place an offender who was convicted for an eligible misdemeanor on reintegration furlough, treatment furlough, or home confinement furlough without prior approval of the court, provided that the department has made a determination based upon a risk assessment that the offender poses a low risk to public safety or victim safety and that employing an alternative to incarceration to hold the offender accountable is likely to reduce the risk of recidivism. At the time of sentencing, the court may make written findings that such release is not appropriate, and thus block the department from taking such action. The court veto provision will expire March 31, 2013

· Establishes the nonviolent misdemeanor review committee for the purpose of proposing alternatives to incarceration for nonviolent, low-risk misdemeanors. The committee will report its findings to the general assembly no later than December 1, 2011

· Establishes a standard measure of recidivism and requires the joint committee on corrections oversight to establish a goal for reducing the number of recidivists over a one- to two-year period

· Directs the department of corrections to work with various law enforcement agencies to develop place-based strategies to enhance public safety

· Requires various government stakeholders to work cooperatively to develop a statewide plan for screening all persons who are charged with a violent misdemeanor or any felony as early as possible and report their efforts to the general assembly no later than October 15, 2011

· Suspends the use of video arraignments until the general assembly determines that there is evidence to support that it can be done in a manner that is cost-effective and efficient and ensures defendants' due process rights, and requires various government stakeholders to study and propose alternatives to video arraignments, including the use of conference calls and the existing telephone system used by attorneys to reach their clients in correctional facilities

· Requests the administrative judge, the commissioner of the department of corrections, the executive director of the department of state's attorneys and sheriffs, and the defender general to work individually and cooperatively to increase awareness among attorneys, judges, and probation officers of the option of home confinement as an alternative to incarceration in a correctional facility

· Requires the agency of administration in conjunction with the joint fiscal office to conduct a study which draws on resources across state agencies on how the state can best provide quality health care services to people incarcerated in Vermont at a cost savings to the state. The agency shall report its progress to the house committee on corrections and institutions and the house and senate committees on judiciary on or before January 15, 2012

· Appropriates money to the Vermont center for justice research for the purpose of conducting two studies. One will be to evaluate innovative programs and initiatives, including local programs and prison-based initiatives, best practices, and contemporary research regarding assessments of programmatic alternatives and pilot projects relating to reducing recidivism in the criminal justice system. The second will be to conduct an outcome assessment of Vermont's two work camps

· Directs the department of corrections to undertake a review of the administrative burden placed on field officers and reduce paperwork handled by these officers by 50 percent as of July 1, 2012

Multiple effective dates, beginning May 20, 2011

Also see: Appropriations and Finance; Act No. 40 (H.446). Capital appropriations; bonding; school construction funding

Also see: Human Services; Act No. 19 (H.426). Human services; mental health; transportation of individuals and children; reporting