The state needs a more flexible approach to criminal justice, especially in cases where people need substance abuse treatment rather than jail time, law enforcement officials told legislators this week.
A bill before the Senate Judiciary Committee would create a type of “alternative justice” system to funnel eligible people into drug abuse treatment programs instead of behind bars. At the same time, the proposed law would bring down the hammer on convicted burglars who use weapons or threaten force.
The Senate Judiciary Committee on Tuesday heard testimony on S.295, a redraft of a bill sponsored by the late Sen. Sally Fox, D-Chittenden, and others.
The bill would create a kind of diversion program for suspects, ideally before they are arraigned, who could “safely, effectively and justly benefit from those alternative responses.”
Gov. Peter Shumlin in his State of the State speech about Vermont’s opiate addiction “crisis,” called for such a program and has proposed spending $760,000 next year to start it.
Shumlin also called for tougher penalties for drug traffickers and those who commit crimes to pay for their drug habits. The bill would simultaneously increase punishment for those convicted of burglary by adding extra penalties for using a weapon or the threat or use of force.
An armed robbery conviction would add up to five years to a sentence, the bill says. A person proven to have used or threatened to use force could get an extra 15 years.
State’s attorneys support the creation of a risk assessment and needs screening program, Bram Kranichfeld, executive director for the Department of State’s Attorneys and Sheriffs, told the Senate Judiciary Committee on Tuesday.
“The goal of the criminal justice system ought to be to be smart on crime. This is an issue that is smart on crime,” he said.
Bobby Sand, senior policy and legal adviser for the state Department of Public Safety and a former state’s attorney, also said the program is a good idea.
Sand emphasized that screening people is not a get-out-of-jail-free card.
“It is not in any way an invitation to take someone who otherwise is deserving of high monetary bail and striking that because they’re going to get into treatment,” Sand said.
The fact that someone is screened doesn’t dictate how the judge sets his or her conditions for release, including the amount of bail, he said.
Some counties have already begun diversion programs for substance abuse victims. State officials have lauded Chittenden County State’s Attorney T.J. Donovan’s rapid intervention program as an example of how such programs can decrease recidivism, which is when criminals reoffend.
The Chittenden Rapid Intervention Community Court, a program for nonviolent offenders, assesses people before they are charged and offers diversion to community programs and services.
Approximately 93 percent of successful participants were not arrested within one year of program completion, according to a 2013 program report.
Of unsuccessful participants, 78 percent were not convicted within the first year after leaving the program, the report said.
Addison County has started a similar program, Kranichfeld said. That program assesses people after they are charged, he said.
Washington and Bennington counties are interested in starting programs but have limited resources, he said.
Kranichfeld said the governor’s budget proposal is enough, at least for now.
“I think $760,000 is enough to get started,” Kranichfeld said.
State’s attorneys’ major concern, he told lawmakers Tuesday, is that prosecutors retain discretion over how to proceed in trying cases.
During the hearing senators debated several technical aspects of the bill, including the level of detail a compliance monitor must report to the prosecutor.
Sen. Tim Ashe, D/P-Burlington, said he isn’t convinced people charged with the types of burglary mentioned in the bill should be allowed into an alternative justice program.
Senators also said it doesn’t make sense to have a stricter penalty for using or threatening to use force during a burglary than for carrying a weapon.
The penalty in Vermont for someone convicted of burglary in an occupied dwelling is up to 25 years in prison, a fine of up to $1,000, or both. Other burglary convictions carry a penalty of up to 15 years, a fine of up to $1,000, or both.
Senators said it doesn’t make sense that the threat of using force should carry a longer sentence than carrying a weapon.
The bill says the results of a risk assessment and needs screening should be provided to the prosecutor who, upon filing criminal charges, should provide the results to the person and his or her attorney.
The court can order the alleged offender to comply with any of a list of conditions, such as meeting with a “compliance monitor,” participating in a clinical assessment or complying with recommended treatment.
The Department of Corrections will select the tools used to assess risk and needs, but must consult and cooperate with all other criminal justice agencies, the bill says.
The Department of Corrections must also provide a report to the Legislature by Dec. 15 about the overall performance of these pretrial services, the bill says.
Subsequently, the Department of State’s Attorneys and Sheriffs must report about alternative justice programs by county, including the number of people served, the bill says.
Senators also briefly discussed a section of the bill that ramps up the penalty for felony convictions for transporting drugs into Vermont, making it an aggravated offense.
They said they want to crack down on drug traffickers without penalizing people who live near a border and cross it frequently.
