§ 7554c. Pretrial risk assessments; needs screenings
(a)(1) The objective of a pretrial needs screening is to obtain a preliminary indication
of whether a person has a substantial substance abuse or mental health issue that
would warrant a subsequent court order for a more detailed clinical assessment.
(2) Participation in a needs screening pursuant to this section does not create any entitlement
for the screened person.
(b)(1) Except as provided in subdivision (2) of this subsection, a judge may request that
a pretrial services coordinator perform a risk assessment that assesses risk of flight
for a person who is arrested, lodged, and unable to post bail within 24 hours of lodging.
(2) A person charged with an offense for which registration as a sex offender is required
pursuant to chapter 167, subchapter 3 of this title or an offense punishable by a
term of life imprisonment shall not be eligible under this section.
(3) Participation in risk assessment or needs screening shall be voluntary and a person’s
refusal to participate shall not result in any criminal legal liability to the person.
(4) In the event a screening cannot be obtained prior to arraignment, the needs screening
shall be conducted as soon as practicable.
(5) A person who qualifies pursuant to subdivision (1) of this subsection and who has
an additional pending charge or a violation of probation shall not be excluded from
being offered a needs screening unless the other charge is a listed crime.
(6) Any person charged with a criminal offense, a person who is the subject of a youthful
offender petition pursuant to 33 V.S.A. § 5280, or a person 18 years of age or older who is the subject of a delinquency petition
pursuant to 33 V.S.A. § 5201, except those persons identified in subdivision (2) of this subsection, may choose
to engage with a pretrial services coordinator.
(c) The results of the risk assessment and needs screening shall be provided to the person
and his or her attorney, the prosecutor, and the court. Pretrial services coordinators
may share information only within the limitations of subsection (e) of this section.
(d)(1) At arraignment, the court may order a person who is eligible to engage with a pretrial
services coordinator under subdivision (b)(6) of this section to do the following:
(A) meet with a pretrial services coordinator on a schedule set by the court;
(B) participate in a needs screening with a pretrial services coordinator; and
(C) participate in a clinical assessment by a substance abuse or mental health treatment
provider and follow the recommendations of the provider.
(2) The court may order the person to engage in pretrial services. Pretrial services may
include the pretrial services coordinator:
(A) supporting the person in meeting conditions of release imposed by the court, including
the condition to appear for judicial proceedings; and
(B) connecting the person with community-based treatment programs, rehabilitative services,
recovery supports, and restorative justice programs.
(3) If possible, the court shall set the date and time for the clinical assessment at
arraignment. In the alternative, the pretrial services coordinator shall coordinate
the date, time, and location of the clinical assessment and advise the court, the
person and his or her attorney, and the prosecutor.
(4) An order authorized in subdivision (1) or (2) of this subsection shall be in addition
to any conditions of release permitted by law and shall not limit the court in any
way. Failure to comply with a court order authorized by subdivision (1) or (2) of
this subsection shall not constitute a violation of section 7559 of this title.
(5) This section shall not be construed to limit a court’s authority to impose conditions
pursuant to section 7554 of this title.
(e)(1) Information obtained from the person during the risk assessment or needs screening
shall be exempt from public inspection and copying under the Public Records Act and,
except as provided in subdivision (2) of this subsection, only may be used for determining
bail, conditions of release, and appropriate programming for the person in the pending
case. The information a pretrial services coordinator may report is limited to whether
a risk assessment indicates risk of nonappearance, whether further substance use assessment
or treatment is indicated, whether mental health assessment or treatment is indicated,
whether a person participated in a clinical assessment, and whether further engagement
with pretrial services is recommended, unless the person provides written permission
to release additional information. Information related to the present offense directly
or indirectly derived from the risk assessment, needs screening, or other conversation
with the pretrial services coordinator shall not be used against the person in the
person’s criminal or juvenile case for any purpose, including impeachment or cross-examination.
However, the fact of participation or nonparticipation in risk assessment or needs
screening may be used in subsequent proceedings. The immunity provisions of this subsection
apply only to the use and derivative use of information gained as a proximate result
of the risk assessment, needs screening, or other conversation with the pretrial services
coordinator.
(2) The person shall retain all of his or her due process rights throughout the risk assessment
and needs screening process and may release his or her records at his or her discretion.
(3) All records of information obtained during risk assessment or needs screening shall
be stored in a manner making them accessible only to the Director of Pretrial Services
and pretrial service coordinators for a period of three years, after which the records
shall be maintained as required by 3 V.S.A. §§ 117 and 218 and any other State law. The Director of Pretrial Services shall be responsible for
the destruction of records when ordered by the court.
(f) The Attorney General’s Office shall:
(1) contract for or otherwise provide the pretrial services described in this section,
including performance of risk assessments, needs screenings, and pretrial monitoring
services, and
(2) develop pretrial services outcomes following the designated State of Vermont performance
accountability framework and, in consultation with the Department of State’s Attorneys
and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services,
and the Judiciary, report annually on or before December 1 to the General Assembly
on services provided and outcome indicators. (Added 2013, No. 179 (Adj. Sess.), § E.339.1; 2013, No. 195 (Adj. Sess.), § 2, eff. Jan. 1, 2015; amended 2015, No. 12, § 2, eff. May 1, 2015; 2015, No. 140 (Adj. Sess.), § 1, eff. May 25, 2016; 2017, No. 61, § 3; 2019, No. 77, § 19, eff. June 19, 2019; 2021, No. 14, § 1, eff. April 29, 2021; 2023, No. 161 (Adj. Sess.), § 13, eff. June 6, 2024.)