Act No. 147 (S.244). Judiciary; court diversion; motor vehicles; driving with a suspended license

An act relating to referral to court diversion for driving with a suspended license

This act directs the court administrator, the court diversion program, and the department of motor vehicles to work cooperatively in an effort to assist Vermonters who have a suspended motor vehicle operator's license to regain their license through participation in the driving with suspended license (DLS) diversion program.

A person will be eligible to participate in the DLS diversion program if the person completes all the requirements of the underlying violation and the suspension and if, as a result, the person would otherwise be eligible to regain his or her license if not for unmet financial obligations. A person whose license was suspended for certain criminal motor vehicle offenses is not eligible to participate in the program at this time.

The program is designed to assist the person to get his or her driver's license reinstated prior to completion of payment of any debt related to the suspension. The person may be eligible for a reduction in the amount of the person's financial obligation to the state or may be permitted to establish a reasonable payment plan to discharge the debt. The program is voluntary but agreeing to participate would include certain requirements, including:

(1) meeting with diversion staff to assess the person's risks and to identify factors that contributed to previous violations leading to license suspension.

(2) completing all conditions related to the offense and indicated by the screening process that are imposed by the diversion program.

Once the diversion program accepts a person into the DLS diversion program and a contract has been agreed to by the parties, the program will notify the judicial bureau. Upon approval of the contract and any related payment plan, the judicial bureau will notify the department of motor vehicles of compliance with the contract and the person will be eligible to have his or her license reinstated, provided the person remains in compliance with the diversion contract. The department of motor vehicles may suspend a person's license for failure to comply with the diversion contract.

The court administrator is directed to begin notification of persons eligible for the program by January 15, 2013, at which time the DLS diversion program shall be operational. Priority shall be given to persons determined to be at highest risk of acquiring a criminal DLS due to an accumulation of civil suspension violations.

The court administrator, the director of the court diversion program, and the commissioner of motor vehicles are required to jointly report to the general assembly on or before December 15, 2014 on the following:

(1) implementation of the DLS diversion program;

(2) the number of people enrolled in the program;

(3) the number of people who have successfully completed the program;

(4) the number of licenses reinstated;

(5) the number of fines and amounts modified;

(6) additional money collected by the state as a result of the program;

(7) the advisability of implementing the program through roadside stops for driving without a license; and

(8) extending the program to persons who are currently prohibited from participation pursuant to the act.

Effective Date: July 1, 2012.

Also see: Conservation and Land Development; Act No. 73 (H.258); An act relating to public participation in environmental enforcement proceedings

Also see: Consumer Protection; Act No. 168 (H.778); An act relating to structured settlements and to prohibiting collusion as an antitrust violation

Also see: Crimes and Criminal Procedures; Act No. 141 (H.413); An act relating to creating a civil action against those who abuse, neglect, or exploit a vulnerable adult

Also see: Domestic Relations; Act No. 119 (S.203); An act relating to child support enforcement

Also see: Education; Act No. 140 (H.412); An act relating to harassment in educational settings

Also see: Executive Branch; Act No. 130 (H.780); An act relating to compensation for certain state employees

Also see: Fish and Wildlife; Act No. 108 (H.53); An act relating to the Interstate Wildlife Violator Compact

Also see: Health; Act No. 97 (H.157); An act relating to restrictions on tanning beds

Also see: Health; Act No. 160 (H.759); An act relating to permitting the use of secure residential recovery facilities for continued involuntary treatment

Also see: Health; Act No. 171 (H.559); An act relating to health care reform implementation

Also see: Legislature; Act No. 139 (S.252); An act relating to the repeal or revision of reporting requirements

Also see: Transportation; Act No. 123 (H.272); An act relating to maintenance of private roads

Also see: Transportation; Act No. 126 (H.523); An act relating to revising the state highway condemnation law