Vermont § 125 - Criminal justice investments and trends; report [Repealed effective July 1, 2028]

§ 125. Criminal justice investments and trends; report [Repealed effective July 1, 2028]

• (a) Intent. It is the intent of the General Assembly that the report on Vermont’s criminal justice
  investments and trends required under this section assist in the systemic assessment
  of the State’s Justice Reinvestment and justice reform efforts and initiatives to
  inform future legislative policy and fiscal decisions. (b) Definitions. As used in this section: (1) “Arrest” means when a person is seized by law enforcement, charged with the commission
  of an offense, and referred for prosecution. (2) “Clearance” means the process by which a law enforcement agency closes an offense
  by arrest or exceptional means in accordance with the Federal Bureau of Investigation’s
  Uniform Crime Reporting Program. (3) “Desistance” means the process by which criminality, or the individual risk for antisocial
  conduct, declines over the life-course of the individual, generally after adolescence. (4) “Exceptional means” means the death of the offender, the victim’s refusal to cooperate
  with the prosecution after the offender is identified, the denial of extradition because
  the offender committed a crime in another jurisdiction and is being prosecuted for
  that offense, or other circumstance in accordance with the Federal Bureau of Investigation’s
  Uniform Crime Reporting Program. (5) “Recidivism” has the same meaning as in section 4 of this title. (c) Report. (1) On November 15, 2024 and every three years thereafter, the Vermont Statistical Analysis
  Center (SAC), in consultation with the Commissioners of Corrections, of Health, of
  Mental Health, of Public Safety, of Labor, and for Children and Families; the Attorney
  General; the Defender General; the Chief Superior Judge of the Superior Court; the
  Division of Racial Justice Statistics; the Executive Director of the Department of
  State’s Attorneys and Sheriffs; and the Parole Board Director, shall submit a report
  to the House Committees on Appropriations, on Judiciary, and on Corrections and Institutions,
  the Senate Committees on Appropriations and on Judiciary, the Joint Legislative Justice
  Oversight Committee, and the Executive Director of the Office of Racial Equity examining
  the trends associated with Vermont’s criminal justice-related investments and expenditures
  since the last report was submitted pursuant to this section. (2) The report required pursuant to subdivision (1) of this subsection shall include data
  showing: (A) recidivism rates; (B) clearance rates; (C) evidence of desistance, including successful completion of community supervision; (D) returns to incarceration from community supervision with the following relevant data
  points: (i) community supervision type, classified by probation, parole, and furlough; (ii) an indication if a return was for a violation or a new charge, including the crime
  type; (iii) an indication if a violation was classified as “significant/not violent” or “significant
  and violent” for any applicable statuses; and (iv) all available demographic information; (E) bail rates, including detainees held without bail, detainees held with bail and the
  associated monetary amounts, and bailees who post bail and are released; (F) pretrial detainees held in Vermont correctional facilities, including the crime type
  and jurisdiction for which they are held; (G) the funding for, and utilization of, substance use disorder treatment, mental health,
  educational, and vocational initiatives for incarcerated individuals; and (H) the funding for, and utilization by, individuals served through Justice Reinvestment
  II and related initiatives, including: (i) domestic violence intervention programming in the Department of Corrections, including
  the results from the evaluation framework between the Vermont Network Against Domestic
  and Sexual Violence and the University of Nebraska; (ii) offender transitional housing capacity with the Department of Corrections and other
  departments; (iii) advancements to the Department of Corrections’ data collection Offender Management
  System; (iv) agencies, departments, municipalities, programs, and services employing restorative
  justice principles, including community justice centers; (v) other General Fund expenditures for Justice Reinvestment II initiatives; (vi) the Department of Corrections’ out-of-state beds contracted by the Department and
  the average cost per bed in fiscal year 2019 and for each fiscal year thereafter;
  and (vii) the Department of Corrections’ in-state beds, separated by gender, including specialty
  units and units closed or unavailable in fiscal year 2019 and for each fiscal year
  thereafter. (d) Informational availability. (1) The information required pursuant to subsection (c) of this section shall include
  race, gender, age, and other demographic variables whenever possible. (2) The report required pursuant to subsection (c) of this section shall explain any obstacles
  or impediments to the availability and collectability of data required pursuant to
  this section, including whether collecting certain data would put particular populations
  at risk, along with the substance use and mental health needs and educational and
  vocational status of justice-involved individuals. (e) Data sharing. Notwithstanding any provision of law to the contrary, all State and local agencies
  and departments that possess the data necessary to compile the report required pursuant
  to this section shall, upon request, provide SAC with any data that it determines
  is relevant to the report. The obligation to disclose shall supersede any other legal
  obligation with respect to the data required pursuant to this section, and a department,
  agency, or other entity shall not decline to disclose data required based on any other
  purported legal obligation. (f) Confidentiality. Any data or records transmitted to or obtained by SAC are exempt from public inspection
  and copying under the Public Records Act and shall be confidential to the extent required
  by law unless and until the data or records are included in the report required by
  this section. A State or local agency or department that transmits data or records
  to SAC shall be the sole records custodian for purposes of responding to requests
  for the data or records. SAC may direct any request for these data or records to the
  transmitting agency or department for response. (Added 2021, No. 185 (Adj. Sess.), § E.335.2, eff. July 1, 2022; amended 2023, No. 40, § 1, eff. June 1, 2023; repealed by 2023, No. 40, § 4(b), eff. June 1, 2028.) § 125. Repealed. 2023, No. 40, § 4(b), eff. July 1, 2028. (Added 2021, No. 185 (Adj. Sess.), § E.335.2, eff. July 1, 2022; amended 2023, No. 40, § 1, eff. June 1, 2023; repealed by 2023, No. 40, § 4(b), eff. June 1, 2028.)