The Vermont Statutes Online

Title 12: Court Procedure

Chapter 125: Arrest, Bail, and Recognizances

• 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 Repealed. 1971, No. 185 (Adj.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.

• Subchapter 002: Arrest in Actions Founded on Contract

• § 3521. Imprisonment for debt abolished

  No person shall be arrested or imprisoned on mesne process. No person shall be arrested or imprisoned on an execution or by other means to enforce a judgment in any civil action for money damages. Notwithstanding the provisions herein, the court shall have full power to punish for contempt. (Amended 1971, No. 185 (Adj. Sess.), § 96, eff. March 29, 1972; 1979, No. 67, § 1, eff. date, see note set out below.)

• §§ 3522-3530. Repealed. 1979, No. 67, § 9, eff. date, see note set out below.

• § 3531. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• §§ 3532, 3533. Repealed. 1979, No. 67, § 9, eff. date, see note set out below.

• 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.

• Subchapter 004: Admission to Liberties of the Jail Yard; Close Jail Executions; Jail Bonds

• §§ 3621-3628. Repealed. 1979, No. 67, § 9, eff. date, see note set out below.

• § 3629. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• §§ 3630-3638. Repealed. 1979, No. 67, § 9, eff. date, see note set out below.

• 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.