Gov. Phil Scott previews a public safety bill targeting younger and repeat offenders
Jan 15, 2025
Gov. Phil Scott. Photo by Glenn Russell/VTDiggerMONTPELIER—Gov. Phil Scott on Wednesday previewed a wide ranging crime bill targeting younger and repeat offenders that he’ll soon be proposing to legislators. “We’re hearing from the general public, they want to feel safe,” Scott said at his weekly press conference announcing the omnibus public safety package. The administration intends for the bill to target people who repeatedly commit crimes while awaiting trial by clarifying rules around bail revocation. The bill would also increase potential punishments and criminal liability for older youth and young adults.“We are clearly not striking the right balance between protecting communities from ongoing harm and serving the liberty interests of a small group of defendants,” Tucker Jones, an attorney with the Department of Public Safety, said at the press conference. The bill would also repeal the last stage of Raise the Age, an initiative the Legislature approved in 2018 that increases the age at which people who commit most crimes — minor and nonviolent offenses — are treated as adults. Currently, the law requires that age to increase April 1 to a person’s 20th birthday. The first stage of Raise the Age allowed 18 year olds to be treated as juveniles under the law and went into effect in 2020, though 18 year olds who committed serious felonies could still face criminal prosecution as adults. The administration has repeatedly advocated that lawmakers delay the next stage in the initiative, a request the Legislature has obliged. And in another change to juvenile jurisdiction, the administration will propose changing youthful offender proceedings, which allow people up to age 22 charged with crimes to have their cases held in family court as long as they successfully follow court orders. The governor’s proposal would shift those cases to adult criminal court but keep the proceedings secret. Legislative Counsel Ben Novogroski gives a briefing on the juvenile justice system to a joint meeting of the House Judiciary and House Human Services committees in Montpelier on Wednesday, Jan. 15. Photo by Glenn Russell/VTDiggerA law that attempted something similar in Connecticut was overturned by a federal court in 2021. The omnibus package will also involve “retooling and reinvigorating” the state’s substance use treatment and recovery systems, according to Jaye Johnson, the governor’s counsel.“Our goal is to provide individuals with a seamless transition from one level of care to another into successful recovery,” she said. It’s unclear what impact the legislation would have on Vermont’s overburdened prisons, which already operate above recommended capacity and compete with frequent staff shortages, according to Vermont Department of Corrections data. The number of people detained while awaiting trial in the state has reached a record high in recent months. Scott, for his part, said he intended for the new legislation to serve as a “deterrent” that affected a limited number of people, not something that significantly increased incarceration. Some of the governor’s proposals may meet opposition from Democratic lawmakers, who have signaled they want to move forward with Raise the Age, rather than delay or repeal it. “This is a program that has been proving itself to date,” Senate President Pro Tempore Phil Baruth, D/P-Chittenden Central, said at a meeting last month discussing Raise the Age, before the administration had announced its desire to repeal the legislation. After three rounds of delay, Baruth in part blamed “fear mongering” for the continued postponement. Rep. Martin LaLonde, D-South Burlington, chair of the House Judiciary Committee, has said speeding up judicial proceedings by reducing Vermont’s court backlog is one of the best ways to address public safety — rather than increasing punishment. But he indicated Wednesday a willingness to work with Scott, so long as his suggestions are constitutional. READ MORE
“I am not far afield from what I understand the administration wants,” LaLonde said in a Wednesday interview. “We are trying to deal with public safety. We recognize that public safety is an issue.” Many of the administration’s ideas were familiar to Falko Schilling, advocacy director for the ACLU of Vermont. “Once again the governor is mistaken in the idea that harsher penalties are actually going to deter crime,” he said. “A number of these were bad ideas last year and we think they’re bad ideas again.”Instead, Schilling suggested increasing resources for mental health support and housing as two ways to increase public safety. Rep. Karen Dolan, D-Essex Junction. Photo by Glenn Russell/VTDiggerOther aspects of the governor’s proposal include replacing the expungement of criminal records with sealing them and limiting the ability of courts to suspend sentences for violent crimes. Scott said he would also like to make the Department of Public Safety an agency, a change he suggested was more symbolic than substantive, acknowledging the significance and complexity of its work. A spokesperson for Scott said the administration would make the legislation public “soon,” but the exact date was not clear. The administration is also developing omnibus bills on education, housing and affordability, the governor said.Read the story on VTDigger here: Gov. Phil Scott previews a public safety bill targeting younger and repeat offenders.