2018 Vermont Statutes
Title 13 - Crimes and Criminal Procedure
Chapter 229 - Bail And Recognizances
§ 7554d Electronic Monitoring Pilot Program
§ 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 pursuant to section 7554 of this title. The program shall be a part of an integrated community incarceration program and shall provide 24-hours-a-day, seven-days-a-week electronic monitoring with supervision and immediate response.
(2) For purposes of this program, if electronic monitoring is ordered by the court pursuant to section 7554 of this title, the court shall use the following criteria for determining whether electronic monitoring is appropriate:
(A) the nature of the offense with which the defendant is charged;
(B) the defendant's prior convictions, history of violence, medical and mental health needs, history of supervision, and risk of flight; and
(C) any risk or undue burden to other persons who reside at the proposed residence or risk to third parties or to public safety that may result from the placement.
(3) The WCSO shall establish written policies and procedures for the electronic monitoring program, shall provide progress reports on the development of the policies and procedures to the Justice Oversight Committee, and shall submit the final policies and procedures to the Committee for approval on or before June 30, 2016.
(b) The goal of the pilot program is to assist policymakers in determining whether electronically monitored home detention and home confinement can be utilized for pretrial detention and as a post-adjudication option to reduce recidivism, to improve public safety, and to save valuable bed space for detainees and inmates who, without an electronic monitoring program, would otherwise be lodged in a correctional facility. Additional benefits may include reducing transportation costs, increasing detainee access to services, reducing case resolution time, and determining if the program can be replicated statewide.
(c) The WCSO shall work with the Crime Research Group (CRG) for design and evaluation assistance. The program shall be evaluated by CRG to determine if the stated goals have been attained, the cost and savings of the program, identifying what goals or objective were not met and if not, what could be changed to meet the goals and objectives to ensure program success. The Joint Fiscal Office shall contract with the CRG to provide design and evaluation services.
(d)(1) The WCSO is authorized to enter into written agreements with the sheriffs of other counties permitting those counties to participate in the pilot program subject to the policies and procedures established by the WCSO under this section. At least one of the agreements shall be between the WCSO and a county with a significant population.
(2) The purpose of expanding the electronic monitoring program to other counties under this subsection is to increase the number of participants to a level sufficient to permit evaluation of whether the program is meeting the bed savings and other goals identified in subsection (b) of this section.
(e) The Department of Corrections shall enter into a memorandum of understanding with the Department of State's Attorneys and Sheriffs for oversight and funding of the electronic monitoring program established by this section. The memorandum shall establish processes for:
(1) transmitting funding for the electronic monitoring program from the Department of Corrections to the Department of State's Attorneys and Sheriffs for purposes of allocation to the sheriff's departments participating in the program; and
(2) maintaining oversight of the electronic monitoring program to ensure that it complies with the requirements of this section and the policies and procedures established by the WCSO pursuant to subdivision (a)(3) of this section.
(f) The pilot program shall be in effect from July 1, 2014 through June 30, 2018. (Added 2013, No. 179 (Adj. Sess.), § E.339.1; amended 2015, No. 125 (Adj. Sess.), § 2, eff. May 23, 2016.)
