An act relating to the calculation of recidivism and other related criminology measures

New definition of 'Recidivism' added to 28 V.S.A. section 3: a person convicted of a criminal offense after receiving a prior criminal conviction.

New definition of 'Repeat violent offender' added to 28 V.S.A. section 3: a person who commits repeated criminal offenses where the crime type against another individual is considered violent.

New 28 V.S.A. section 4 establishes a four-tier classification system for recidivism: Class one (1+ year since sentencing), Class two (3+ years), Class three (5+ years), and Class four (10+ years) before a new conviction.

Parallel four-tier classification system for repeat violent offenders using the same time thresholds (1, 3, 5, 10 years) but requiring the new offense to be a violent offense.

Calculation rules specifying that persons sentenced to incarceration become eligible to recidivate upon release from a correctional facility, while those with noncarceral sentences become eligible on the disposition date. A conviction determines whether recidivism occurred, and the arraignment date determines the classification tier.

In section 8121, language changed from 'The recidivism calculation shall begin on the date' to 'The clock for calculating recidivism calculation shall begin on the date' - a minor wording adjustment to the trigger point for the recidivism measurement period.

The passed version includes an effective date of July 1, 2025 for the new definitional and classification sections, while the enacted version's effective date is July 1, 2026 for the reporting provisions.

New statutory definitions added to 28 V.S.A. section 3: 'Recidivism' (subsection 11), 'Repeat violent offender' (subsection 12), and 'Restorative justice program' (subsection 13). These provide the legal foundation for the classification system.

A four-tier recidivism classification system is added to 28 V.S.A. section 4: Class one (1+ year from sentencing), Class two (3+ years), Class three (5+ years), and Class four (10+ years). The Department of Corrections must calculate and classify rates using these tiers.

A parallel four-tier classification system for repeat violent offenders is added, measuring time from sentencing before a person is convicted of a violent offense against another individual, using the same 1/3/5/10 year thresholds.

The effective date for the new 28 V.S.A. section 3 and section 4 amendments is July 1, 2025, while the 13 V.S.A. chapter 233 provisions (SAC reports and appropriations) take effect July 1, 2026 - creating a staggered implementation.

The bill's scope expands from solely requiring statistical reporting (chapter 233) to also mandating that the Department of Corrections actively calculate and classify recidivism and repeat violence rates using the new tiered system.

Introductory metadata added including sponsor (Rep. LaLonde of South Burlington), committee referral, subject line, and a statement of purpose describing the bill's intent to redefine recidivism calculation and establish graduated classifications.

A new chapter (13 V.S.A. Chapter 233, 'Criminology Measures') was created instead of amending the existing corrections definitions in 28 V.S.A. Section 3. This moves the subject matter from the corrections code to a broader public safety/statistical framework.

The entire 'repeat violent offender' classification system (four classes based on 1, 3, 5, and 10 years elapsed) was removed. The concept no longer appears anywhere in the passed bill.

The graduated recidivism classification system (Class 1 through Class 4, based on time elapsed before reoffending) was removed from Section 4 of the corrections code and replaced with a single standard measure: offenders sentenced to more than one year who return to prison within three years for a new offense or supervision violation resulting in at least 90 days.

New annual reporting requirements were added for the Vermont Statistical Analysis Center, due each April 1, covering: (1) bail rates including hold-without-bail and monetary amounts by county, (2) recidivism rates using three-year and five-year periods, (3) arrests and clearance rates organized by crime per NIBRS data, and (4) the top 20 most-convicted crimes with sentence lengths and total probation/incarceration years.

A data-sharing provision was added requiring all state and local agencies to provide the SAC with any relevant data upon request. This obligation supersedes any other legal obligation, and agencies cannot decline to disclose based on other purported legal obligations. Drafts must be shared with contributing agencies for comment before final submission.

New Section 4 appropriates $25,000 from the General Fund in FY2027 to the Department of Public Safety for contracted SAC support: $10,000 for bail rates report, $10,000 for recidivism report, $1,000 for arrests/clearance rates report, and $4,000 for sentencing reports.

The definition of recidivism was expanded to specify that the recidivism event date is the arraignment date for the subsequent offense (used as a proxy for when the offense was committed), and that the calculation clock begins on release from incarceration or sentencing to a non-custodial sentence.

The effective date was changed from July 1, 2025 to July 1, 2026.

The entire graduated recidivism classification system was removed. The House version required the Department of Corrections to classify recidivism into four tiers based on time elapsed since sentencing (one year, three years, five years, and ten years). This tiered framework does not appear in the enacted version.

The repeat violent offender classification system was removed. The House version required the Department to calculate rates of repeat violent offenders using the same four-tier time-based classification. This is absent from the enacted version.

All amendments to 28 V.S.A. Section 3 (General Definitions) were removed, including definitions for recidivism, repeat violent offender, restorative justice program, and other terms that had been added to the corrections title.

The effective date was changed from July 1, 2025 to July 1, 2026, giving agencies an additional year to prepare for compliance.

Minor wording clarification in the recidivism definition section: 'The clock for calculating recidivism shall begin' was changed to 'the recidivism calculation shall begin,' which is substantively the same but more precise language.