An act relating to appeals of orders denying bail revocation

A new Section 1 (Intent) declares that the bail revocation statute is consistent with State v. Sauve and State v. Gates, and that repeated failures to appear, repeated condition violations, and other court order violations constitute a compelling State interest falling within the definition of 'disrupts the prosecution.'

The bill title broadens from 'An act relating to appeals of orders denying bail revocation' to also include 'An act relating to the procedures for bail revocation,' reflecting the addition of the full revocation procedure.

A new Section 2 amends 13 V.S.A. section 7575 to establish the full bail revocation procedure, including five specific grounds for revocation: intimidating or harassing a victim/witness/juror, repeatedly violating conditions in a way that disrupts prosecution, violating conditions that threaten judicial integrity, failing to appear without just cause, and being charged with a felony or crime against a person after release.

The new procedure requires the court to find a 'legitimate and compelling State interest' before issuing a revocation order and to make a specific finding that the State met its burden of proof in the order itself.

The new procedure requires the State to prove revocation grounds by a preponderance of evidence, allows affidavits or sworn statements but guarantees the defendant an opportunity to present direct evidence at a hearing, and authorizes law enforcement officers to arrest the defendant without a warrant after a revocation order is issued.

A new speedy trial provision requires the court to set the defendant's case for trial within 60 days of a bail revocation order. If trial is not commenced within 60 days and the delay is not attributable to the defense, the court must immediately schedule a new bail hearing.

The official version splits the effective date: the new bail revocation sections (Intent, section 7575, section 7576) take effect on July 1, 2025, while the original amendments to sections 7551 and 7556 take effect on passage.

A new Section 3 amends 13 V.S.A. section 7576 to add an expanded definition of 'disrupt the prosecution' (requiring that no condition or combination of conditions will reasonably mitigate flight risk, public safety risk, or ensure compliance) and a new definition of 'needs screening,' while renumbering existing definitions.