§ 7551. Imposition of bail, secured appearance bonds, and appearance bonds (a) Bonds; generally. A bond given by a person charged with a criminal offense or by a witness in a criminal prosecution under section 6605 of this title, conditioned for the appearance of the person or witness before the court in cases where the […]
§ 7553. Release in cases punishable by life imprisonment A person charged with an offense punishable by life imprisonment when the evidence of guilt is great may be held without bail. If the evidence of guilt is not great, the person shall be bailable in accordance with section 7554 of this title. (Added 1987, No. […]
§ 7553a. Acts of violence; denial of release on bail A person charged with an offense that is a felony, an element of which involves an act of violence against another person, may be held without bail when the evidence of guilt is great and the court finds, based upon clear and convincing evidence, that […]
§ 7553b. Right to speedy trial if bail is denied (a) Except in the case of an offense punishable by death or life imprisonment, if a person is held without bail prior to trial, the trial of the person shall be commenced not more than 60 days after bail is denied. (b) If the trial […]
§ 7554. Release prior to trial (a) Release; conditions of release. Any person charged with an offense, other than a person held without bail under section 7553 or 7553a of this title, shall at his or her appearance before a judicial officer be ordered released pending trial in accordance with this section. (1) The defendant […]
§ 7554a. Approval of fidelity companies and agents; duty of Court Administrator The Court Administrator, after consultation with the Commissioner of Financial Regulation, may approve an entity that is licensed or authorized under the provisions of 8 V.S.A. chapter 111, and any agent who is licensed under the provisions of 8 V.S.A. chapter 131, to […]
§ 7554b. Home detention program (a) Definition. As used in this section, “home detention” means a program of confinement and supervision that restricts a defendant to a preapproved residence continuously, except for authorized absences, and is enforced by appropriate means of surveillance and electronic monitoring by the Department of Corrections. The court may authorize scheduled […]
§ 7554c. Pretrial risk assessments; needs screenings (a)(1) The objective of a pretrial needs screening is to obtain a preliminary indication of whether a person has a substantial substance abuse or mental health issue that would warrant a subsequent court order for a more detailed clinical assessment. (2) Participation in a needs screening pursuant to […]
§ 7554d. Electronic Monitoring Pilot Program (a)(1) The Windham County Sheriff’s Office (WCSO) shall establish and manage a two-year electronic monitoring pilot program in Windham County for the purpose of supervising persons ordered to be under electronic monitoring as a condition of release or in addition to or in lieu of the imposition of bail […]
§ 7555a. Legislative findings The General Assembly finds: (1) During the 1991-2 and the 1993-4 sessions, the General Assembly adopted Proposal 7, which proposed to amend section 40 of Chapter II of the Vermont Constitution to allow a judge to order a person charged with a felony involving an act of violence to be held […]
§ 7556. Appeal from conditions of release (a) A person who is detained, or whose release on a condition requiring him or her to return to custody after specified hours is continued, after review of his or her application pursuant to subsection 7554(d) or (e) of this title by a judicial officer, other than a […]
§ 7557. Bail upon postponement of trial When a District or Superior court postpones the trial of a criminal case or the examination of a person charged with a criminal offense, the court may impose the least restrictive conditions or combination of conditions permitted under subdivision 7554(a)(1) of this title which will reasonably assure the […]
§ 7559. Release; designation; sanctions (a) The officer in charge of a facility under the control of the department of corrections, county jail or a local lockup shall discharge any person held by him or her upon receipt of an order for release issued by a judicial officer pursuant to section 7554 of this title, […]
§ 7560a. Failure to appear; forfeiture of bond; proceedings (a) If a person who has been released on a secured or unsecured appearance bond or a surety bond fails to appear in court as required: (1) The court may: (A) issue a warrant for the arrest of the person; and (B) upon hearing and notice […]
§ 7562. Relief of bail—warrant to arrest and commit If a surety or a person who has posted bail wishes to surrender the principal in discharge of the person’s obligations under the bond or bail agreement, the person may apply in writing to a judicial officer, as defined in subsection 7554(f) of this title, for […]
§ 7563. Execution of warrant; expenses (a) On receipt of a warrant issued under section 7562 of this title with respect to a person charged with a criminal offense, and tender of fees provided for by law, an officer shall apprehend and detain the defendant, and leave with the officer in charge of the facility […]
§ 7564. Fees Fees for the arrest and detention shall be the same as for the service of other process. If there is dispute about the amount of fees, it shall be submitted to the court which issued the warrant, and its decision shall be final. (Amended 2001, No. 124 (Adj. Sess.), § 8, eff. […]
§ 7570. Power of court to return forfeited security A surety may file a motion requesting the return of forfeited bail, bond or any other security at any time after the order of forfeiture is entered. The court shall set the motion for hearing and provide notice thereof to the surety and the state’s attorney. […]
§ 7573. Peace bonds The Criminal Division of the Superior Court may order a person who is arrested for a criminal offense to find sureties that he or she will keep the peace, when it is necessary, and may order the person detained until he or she complies. The Court Administrator shall establish a form […]
§ 7574. Release in cases after conviction Upon an adjudication of guilt, the trial judge shall review the terms and conditions of release and may terminate them or may continue or alter them pending sentence or pending notice of appeal or the expiration of the time allowed for filing notice of appeal. In making such […]
