VermontVermont courts set investigation rules for deferred sentences
Starting July 1, 2026, courts must order investigations for listed crimes unless both sides agree to waive one; for other crimes, judges may decide.
What it does
For listed crimes, courts must order an investigation unless the prosecutor and the person agree to waive it. For other crimes, courts may decide whether to order one when considering a deferred sentence.
Argument forFor crimes outside the listed categories, a judge could decide whether an investigation is needed, which may avoid unnecessary steps in some cases.
Argument againstWhen no investigation is required, a judge may have less background information to review before deciding whether to defer a person’s sentence.
More detail
For listed crimes, the court must order a presentence investigation unless the prosecutor and the person agree to waive it. For other crimes, the court may order one. These rules apply when a Vermont court considers deferring a sentence and placing the person on probation. For a listed crime, the prosecutor and the person must both agree to waive the investigation. For a crime outside the listed categories, the court may defer a sentence without a written agreement only if it permits the victim to give a statement, reviews a presentence investigation and the victim’s impact statement with the parties, and finds that deferring the sentence serves justice. The court may not defer a sentence for the specified serious sexual offenses, with the stated close-in-age and consent exceptions. The act takes effect on July 1, 2026.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- May 7Senate Message: Signed by Governor Phil Scott May 6, 2026Latest
- May 7Signed by Governor Phil Scott on May 6, 2026Became Law
- Apr 30Delivered to Governor on April 30, 2026To Governor
- Apr 17Senate Message: House proposal of amendment concurred inMinor
- Apr 16As passed by Senate and HouseMajor
- Apr 16House proposal of amendment concurred inMinor
- Apr 16House proposal of amendment; textMinor
- Apr 16House proposal of amendmentMinor
- Apr 15House proposal of amendmentMinor
- Apr 15Entered on Notice Calendar
- Apr 15House message: House passed bill in concurrence with proposal(s) of amendment
- Apr 10Read third time and passed in concurrence with proposal of amendmentPassed 2nd Chamber
- Apr 10Action Calendar: Third ReadingMinor
- Apr 9Third Reading orderedMinor
- Apr 9Report of Committee on Judiciary agreed to
- Apr 9Rep. Arsenault of Williston reported for the Committee on Judiciary
- Apr 9Read second timeMinor
- Apr 9Action Calendar: Favorable with Amendment
- Apr 8Notice Calendar: Favorable with Amendment
- Mar 24Read first time and referred to the Committee on JudiciaryMinor
- Mar 19Read 3rd time & passedPassed 1st Chamber
- Mar 19New Business/Third ReadingMinor
- Mar 183rd reading ordered
- Mar 18Recommendation of amendment by Committee on Judiciary agreed to
- Mar 18Read 2nd time, reported favorably with recommendation of amendment by Senator Hashim for Committee on JudiciaryMinor
- Mar 18Favorable report with recommendation of amendment by Committee on JudiciaryMinor
- Mar 18Second ReadingMinor
- Mar 17Favorable report with recommendation of amendment by Committee on JudiciaryMinor
- Mar 17Second ReadingMinor
- Mar 17Entered on Notice Calendar
- Jan 6Read 1st time & referred to Committee on JudiciaryIntroduced
Criminal Justice