FOR IMMEDIATE RELEASE
March 24, 2023
CONTACT:
Ashley Moore
amoore@leg.state.vt.us
Senator Ram Hinsdale
kramhinsdale@leg.state.vt.us
Senator Vyhovsky
tvyhovsky@leg.state.vt.us
VERMONT SENATE PASSES S.27, AN ACT RELATING TO REDUCING THE IMPOSITION OF CASH BAIL
MONTPELIER, VT – Today the Vermont Senate gave final approval to S.27, a bill that would prohibit the use of cash bail for nonviolent misdemeanor offenses.
“Imposing cash bail is both unconstitutional and unconscionable,” said Senator Ram Hinsdale, chair of the Senate Committee on Economic Development, Housing & General Affairs and lead sponsor of the bill. “No one should lose their freedom because they can’t afford to post bail. I am grateful to Senator Vyhovsky and the Judiciary Committee for helping advance S.27 today to move Vermont away from cash bail.”
This year, the Vermont Department of Corrections reported that nearly 200 people were being held in custody pre-trial because they didn’t post bail. Several states and jurisdictions that have eliminated cash bail or have greatly limited its allowable use have seen higher rates of appearance in court.
“There is a significant and growing body of evidence that cash bail is disparately and inequitably applied, that it is not the most effective tool to ensure defendants appear in court, and that pretrial detention undermines public safety and increases recidivism,” said Senator Vyhovsky, member of the Senate Committee on Judiciary. “We do not need to rely on cash bail when it is both financially oppressive and ineffective as a tool to increase the rate of appearance in court.”
“With a cash bail system, a significant number of Vermonters who haven’t been convicted of a crime are held in jail because they can’t afford bail,” said Senator Baruth, president pro tempore of the Vermont Senate and member of the Senate Committee on Judiciary. “This system exacerbates inequities in our criminal justice system and we know there are more just and effective means of ensuring that those charged appear in court.”
This bill would prohibit the imposition of cash bail in cases where the defendant has been charged with a misdemeanor and to require criminal justice stakeholders to develop recommendations to eliminate cash bail. It would also require the Department of Corrections (DOC) to report racial data on pretrial detainees, and require the Judiciary to establish and implement a system to notify those charged with a criminal offense of upcoming court hearings.
The bill will now move to the House for further consideration.
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You can learn more about S.27, a bill that would prohibit the use of cash bail for nonviolent misdemeanor offenses here.