H 410

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2026
No. 94. An act relating to the calculation of recidivism and other related
criminology measures.
                                    (H.410)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. chapter 233 is added to read:
               CHAPTER 233. CRIMINOLOGY MEASURES
§ 8121. DEFINITION
   As used in this chapter, “recidivism” means a relapse into criminal activity
as evidenced by an individual who is convicted of a criminal offense after
receiving a criminal conviction for a previous crime. The date of the recidivism
event is the date of arraignment for the subsequent offense. The arraignment
date is used as a proxy for when the subsequent offense was committed. The
recidivism calculation shall begin on the date an individual is released from
incarceration or the date when an individual is sentenced to a non-custodial
sentence.
§ 8122. VERMONT STATISTICAL ANALYSIS CENTER ANNUAL
         REPORTS
   (a) Annual reports. Annually, on or before April 1, the Vermont Statistical
Analysis Center (SAC) shall submit the following reports to the House and
Senate Committees on Judiciary, the House Committee on Corrections and
Institutions, and the Senate Committee on Institutions:
      (1) Bail rates. An annualized report on bail rates, including hold
without bail, monetary amounts, and bail posting information aggregated by
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county. The report shall include data on pretrial detainees held in Vermont
correctional facilities, including the crime type and jurisdiction for which they
are held.
      (2) Recidivism. A report on the annual recidivism rate that measures
individuals who are convicted of a criminal offense after receiving a criminal
conviction for a previous crime. The recidivism rate shall be calculated using
a three-year and five-year period.
      (3) Arrests and clearance rates. An annualized report on arrests and
clearance rates. Arrests shall be organized by crime according to data from the
National Incident-Based Reporting System.
      (4) Most convicted crimes.
            (A) A report detailing aggregated information on the number, type,
and length of sentences, including fines, for the 20 crimes with the highest
number of convictions.
            (B) A report detailing the total combined years of probation and
incarceration sentenced by the court in the prior year. The report shall include
an analysis of which crimes and counties contributed most significantly to the
sentences imposed.
   (b) Demographic variables. The information required pursuant to
subsection (a) of this section shall include race, gender, age, and other
demographic variables whenever possible.
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   (c) Data sharing. Notwithstanding any provision of law to the contrary, all
State and local agencies and departments that possess the data necessary to
compile the reports required pursuant to this section shall, upon request,
provide the SAC with any data that it determines is relevant to the report. The
obligation to disclose shall supersede any other legal obligation with respect to
the data required pursuant to this section, and a department, agency, or other
entity shall not decline to disclose data required based on any other purported
legal obligation. Prior to submission of the reports required by this section, the
SAC shall provide copies of drafts of the reports to State and local agencies
and departments that provided the SAC with data to compile the reports and
allow a reasonable time period for comment from such State and local
agencies.
Sec. 2. 28 V.S.A. § 4 is amended to read:
§ 4. STANDARD MEASURE OF RECIDIVISM
   The Department shall calculate the rate of recidivism based upon offenders
who are sentenced to more than one year of incarceration who, after release
from incarceration, return to prison within three years for a conviction for a
new offense or a violation of supervision resulting, and the new incarceration
sentence or time served on the violation is at least 90 days. [Repealed.]
Sec. 3. 28 V.S.A. § 125 is amended to read:
§ 125. CRIMINAL JUSTICE INVESTMENTS AND TRENDS; REPORT
                                      ***
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   (b) Definitions. As used in this section:
                                       ***
      (5) “Recidivism” has the same meaning as in section 4 of this title.
[Repealed.]
                                       ***
   (c) Report.
                                       ***
      (2) The report required pursuant to subdivision (1) of this subsection
shall include data showing:
         (A) recidivism rates; [Repealed.]
                                       ***
Sec. 4. VERMONT STATISTICAL ANALYSIS CENTER;
         APPROPRIATIONS
   In fiscal year 2027, the following monies are appropriated from the General
Fund to the Department of Public Safety for contracted support related to the
Vermont Statistical Analysis Center:
      (1) $10,000.00 for the annual bail rates report required by 13 V.S.A.
§ 8122(a)(1).
      (2) $10,000.00 for the annual recidivism report required by 13 V.S.A.
§ 8122(a)(2).
      (3) $1,000.00 for the annual arrests and clearance rates report required
by 13 V.S.A. § 8122(a)(3).
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     (4) $4,000.00 for the annual sentencing reports required by 13 V.S.A.
§ 8122(a)(4).
Sec. 5. EFFECTIVE DATE
  This act shall take effect July 1, 2026.
Date Governor signed bill: May 11, 2026
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