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Subchapter 001: BAIL AND RECOGNIZANCES
§ 3471. Bail or recognizance as including surety bond
The word “bail” or the word “recognizance” wherever used in connection with civil
proceedings shall mean a good and sufficient surety bond, if one is furnished. (Amended 1967, No. 337 (Adj. Sess.), § 1, eff. July 1, 1968.)
§ 3472. Surety bond in lieu of recognizance
Whenever in any civil proceeding, surety by way of recognizance is required, the court
or magistrate before whom such proceedings are pending may accept a good and sufficient
surety bond in lieu of such recognizance. (Amended 1967, No. 337 (Adj. Sess.), § 2, eff. July 1, 1968.)
§ 3473. Insufficiency of recognizance or bail; order for new bail
When it appears that the security or recognizance for the prosecution of a pending
cause or an appeal or the bail taken by the officer on the writ, is insufficient to
secure the party for whose benefit the same was taken, the court, or the clerk in
vacation, in his or her discretion, may order sufficient bail to be entered by a certain
time, or that judgment be rendered against the party neglecting to comply with such
order. Within the time provided, the party so required to furnish bail shall file
with the clerk of the court a bond with sufficient surety in the amount required,
to be approved by the clerk, or shall with sufficient surety, so approved, enter into
a personal recognizance before the clerk in such amount. Such recognizance shall
be entered by the clerk upon the docket of the cause.
§ 3474. Release of bail for misrepresentations, etc
When it is made to appear to the court by a person who is bail for a party in a cause
pending therein, that he or she was induced to enter bail by misrepresentations or
by promise of indemnity which has not been performed, with the consent of the party
for whose security the bail is taken, the court may discharge such bail, and order
new bail on reasonable terms.
§ 3475. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3476. Rights of bail—Bailpiece in bastardy proceedings
When a surety recognizes before a Superior judge, for the appearance before the Superior
Court of a person charged with being the father of a bastard child, the officer making
the arrest upon the warrant shall deliver to such surety a bailpiece, if required,
provided the recognizance is entered into before a Superior judge. If such recognizance
is entered into before a judge of the Superior Court, the keeper of the jail in the
county in which the principal is confined shall, if required, deliver to such surety
a bailpiece. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 22, eff. April 9, 1974.)
§ 3477. Warrant thereon
Upon presentation of a bailpiece to a Superior judge, such magistrate shall issue
to the surety a warrant directed to any sheriff or constable in the State, commanding
him to assist such surety in apprehending the principal. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 23, eff. April 9, 1974.)
§ 3478. Use of warrant
When he has occasion to arrest the principal, a surety may use such warrant to surrender
him in court in discharge of his bail on the original process or upon scire facias
or to secure him until a term of the court in which he may be surrendered for that
purpose.
§ 3479. Commitment of principal
The officer apprehending the principal may commit him to jail in the county in which
he was arrested on the original process or in the county in which the process is pending,
agreeably to the direction in the warrant. Such commitment shall be considered as
a commitment on the original process, if the same is pending.
§§ 3480, 3481. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3482. Principal delivered in bastardy proceedings
A surety on the recognizance in a bastardy complaint may deliver the principal into
court in discharge of his recognizance before the principal is adjudged to be the
father of such bastard child and the court has made an order charging him with its
support, but not after. Such surety may commit the principal to jail so that he may
be delivered into court, before such adjudication and order.
§ 3483. Commitment of principal
When the principal is delivered into court under section 3482 of this title, the court shall order him committed to jail, unless he enters into a recognizance
before the court, with sufficient sureties, in the sum fixed by the order of the judge,
conditioned as provided by law in such cases. Such commitment shall be deemed a commitment
on the original warrant. (Amended 1973, No. 249 (Adj. Sess.), § 24, eff. April 9, 1974.)
§ 3484. Surety may have warrant
A surety in a recognizance taken by a Justice of the Supreme Court, a judge of a Superior
Court, or a clerk of the Supreme or Superior Court, may make written application to
the authority taking the recognizance for a warrant to apprehend the principal and
commit him to jail. The authority taking the recognizance shall thereupon issue such
warrant, directed to any sheriff or constable in the State. When the principal is
committed to jail on such warrant, the bail shall be discharged. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 25, eff. April 9, 1974.)
§§ 3485-3490. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
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Subchapter 003: PROCEDURE FOR ARREST AND IMPRISONMENT
§ 3571. Place of commitment
When a person authorized to serve process is required by law to commit a person to
jail, such commitment shall be in the county where the arrest is made, unless otherwise
required by law. If there is not a legal jail in the county, the commitment shall
be made in an adjoining county in which there is a legal jail.
§ 3572. Manner of commitment
The officer committing a prisoner shall deliver him or her to the keeper of the jail,
within the same, and give the keeper an attested copy of the process on which the
commitment is made, with his or her return thereon.
§ 3573. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3574. Penalty for not delivering copy
An officer who does not within six hours deliver a true copy of the warrant or process
by which he or she detains a prisoner, to a person who demands such copy and tenders
the fees therefor, shall forfeit to such prisoner $200.00, to be recovered in an action
of tort on this statute.
§§ 3575, 3576. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3577. Privilege from arrest
(a) The Governor, Lieutenant Governor, State Treasurer, Secretary of State, Auditor of
Accounts, Attorney General, and members of the General Assembly and officers and witnesses
whose duty it is to attend thereon, in all cases except treason, felony, and breach
of the peace, shall be privileged from arrest and imprisonment during their necessary
attendance on and in going to and returning from the General Assembly.
(b) A party or witness in a cause pending in any court in the State or before special
masters, auditors, referees, or commissioners, and a witness in a criminal cause pending
in any such court, shall not be arrested, imprisoned, or detained by virtue of civil
process. Any witness summoned from outside the State in a criminal cause, pending
in any court within the State, shall be privileged from the service of papers of any
kind whatsoever, and from arrest for any cause while going to, attending at, or returning
from such court or trial of such cause.
(c)(1) Prohibition. A person shall not be subject to civil arrest while traveling to, entering, remaining
at, or returning from a court proceeding.
(2) Exceptions. Subdivision (1) of this subsection shall not apply to:
(A) an arrest pursuant to a judicially issued warrant or a court order;
(B) an arrest for contempt of the court where the proceeding is occurring; or
(C) an arrest to maintain order or safety in the court where the proceeding is occurring.
(3) Remedies.
(A) A person who violates this subsection by knowingly and willfully executing or assisting
with an arrest prohibited by subdivision (1) of this subsection (c) shall be subject
to contempt proceedings and may be liable in a civil action for false imprisonment.
(B) A person who is arrested in violation of subdivision (1) of this subsection (c) may
bring a civil action against the violator for damages; injunctive, equitable, or declaratory
relief; punitive damages; and reasonable costs and attorney’s fees.
(C) The Office of the Attorney General may bring a civil action on behalf of the State
of Vermont for appropriate injunctive, equitable, or declaratory relief if there is
reasonable cause to believe that a violation of subdivision (1) of this subsection
(c) has occurred or will occur.
(D) No action under this subsection shall be brought against the Judiciary or any of its
members or employees for actions taken to maintain order or safety in the courts.
(E) This section shall not be construed to limit or infringe upon any right, privilege,
or remedy available under common law or any other provision of law or rule.
(F) Notwithstanding section 3578 of this title, the protections and remedies afforded by this subsection apply irrespective of when
the privilege against civil arrest is invoked.
(4) Definition. As used in this subsection, “civil arrest” means an arrest for purposes of obtaining
a person’s presence or attendance at a civil proceeding, including an immigration
proceeding. (Amended 2021, No. 153 (Adj. Sess.), § 2, eff. May 31, 2022.)
§ 3578. Pleading privilege from arrest
(a) When a person is privileged from arrest on execution so informs the officer at the
time the arrest is made and claims his or her privilege, the giving of a jail bond
shall not be deemed a waiver thereof but the facts shall be sufficient defense to
an action for breach of condition of the bond.
(b) The person making the arrest shall state in his or her return of service of the execution
that the person arrested made known to him or her and claimed his or her privilege
from arrest. (Amended 1971, No. 185 (Adj. Sess.), § 106, eff. March 29, 1972.)
§ 3579. Detaining public carrier to make arrest; penalties
(a) An officer who has a writ of execution or criminal process for the arrest of a person
whom he or she has reason to believe is on a public carrier may notify the operator
of the carrier thereof. The operator shall thereupon detain the carrier a reasonable
length of time at any place where it is scheduled to stop, and before it leaves the
State, to enable the officer to examine the carrier and, if found, to arrest and remove
the person against whom he or she has the writ of execution or criminal process.
(b) An operator who, after due notice from an officer holding a writ of execution or criminal
process as specified in subsection (a) of this section, refuses or neglects to detain
the carrier, and in consequence thereof the person sought to be arrested escapes from
the borders of this State, if for a civil action, shall be liable to the plaintiff
in an action of tort on this statute, for all damages arising therefrom. If for a
criminal action, he or she shall be fined not more than $100.00. (Amended 1971, No. 185 (Adj. Sess.), § 107, eff. March 29, 1972.)
§ 3580. Escapes—Jailer to keep prisoner
The keeper of a jail shall safely keep a prisoner committed to his or her custody
until discharged from imprisonment.
§ 3581. Liability for escapes
Such keeper shall be liable for escapes made from such jail.
§ 3582. County answerable if jail insufficient
When an escape is made in consequence of the insufficiency of the jail, without negligence
of the keeper, either in keeping the prisoner or repairing the jail, the county shall
be answerable to such keeper for the costs and damages he or she sustains in consequence.
§§ 3583, 3584. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§ 3585. Defense and recovery in action on escape
In an action for an escape, such keeper may prove the circumstances attending the
same and the circumstances and property of the prisoner when he or she escapes. The
creditor shall recover only the reasonable damages which he or she sustains in consequence
of the escape, and his or her costs.
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Subchapter 005: DISCHARGE FROM IMPRISONMENT; POOR DEBTORS
§ 3671. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.
§§ 3672-3687. Repealed. 1979, No. 67, § 9, eff. date, see note set out below.
§ 3688. Repealed. 2005, No. 174 (Adj. Sess.), § 140(2).
§ 3689. Application for discharge; hearing; oath
When the petition is granted, after the time fixed by the court or justice, the prisoner
may apply to the commissioners of jail delivery in the county for a discharge from
imprisonment. After giving notice to the opposite party before such examination,
as provided in other cases in this chapter, if they find on examination that such
person has not property, except his or her wearing apparel, exceeding $20.00, the
commissioners shall administer to him or her the following oath:
“You solemnly swear that you have not estate, real or personal, exceeding $20.00,
except your wearing apparel, and that you have not disposed of any of your property
for the purpose of defrauding the complainant in the proceedings on which you are
committed. So help you God.”
§ 3690. Effect of discharge
Upon taking such oath, the prisoner shall be discharged as other persons are discharged
upon taking the poor debtor’s oath, and shall thereafter be free from arrest or imprisonment
upon an execution issued upon any judgment rendered in such bastardy proceedings or
founded thereon. The judgment shall remain in force, and the plaintiff may have execution
against his or her property for nonpayment of orders of court, or may sustain an action
of contract thereon.
§§ 3691-3693. Repealed. 1979, No. 67, § 9, eff. date, see note set out below.