H 540

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2026
No. 81. An act relating to the recommendations of the Post-Adjudication
Reparative Program Working Group.
                                     (H.540)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. § 7030 is amended to read:
§ 7030. SENTENCING ALTERNATIVES
   (a) In determining which of the following should be ordered, the court shall
consider the nature and circumstances of the crime; the history and character of
the defendant; the defendant’s family circumstances and relationships; the
impact of any sentence upon the defendant’s minor children; the need for
treatment; any noncompliance with court orders or failures to appear in
connection with a criminal prosecution; and the risk to self, others, and the
community at large presented by the defendant:
      (1) A deferred sentence pursuant to section 7041 of this title.
      (2) Referral to a community reparative board program pursuant to
28 V.S.A. chapter 12 in the case of an offender who has pled guilty to a
nonviolent felony, a nonviolent misdemeanor, or a misdemeanor that does not
involve the subject areas prohibited for referral to a community justice center
under 24 V.S.A. § 1967. Referral to a community reparative board pursuant to
this subdivision does not require the court to place the offender on probation.
The offender shall return to court for further sentencing if the reparative board
does not accept the case or if the offender fails to complete the reparative
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board program to the satisfaction of the board in a time deemed reasonable by
the board.
                                       ***
Sec. 2. 28 V.S.A. § 910 is amended to read:
§ 910. RESTORATIVE JUSTICE PROGRAM
   This chapter establishes a program of restorative justice for use with
offenders required to participate in such a program as a sentence or a condition
of a sentence of probation or as ordered for civil contempt of a child support
order under 15 V.S.A. § 603. The Program shall be carried out by community
reparative boards under the supervision of the Commissioner, as provided by
this chapter.
Sec. 3. 28 V.S.A. § 913 is added to read:
§ 913. RESTORATIVE JUSTICE PROGRAM REFERRAL
   (a) The court may require participation in the Restorative Justice Program
in the case of an offender who has pled guilty to a nonviolent felony, a
nonviolent misdemeanor, or a misdemeanor that does not involve the subject
areas prohibited for referral to a community justice center under 24 V.S.A.
§ 1967.
   (b) Referral to the Restorative Justice Program pursuant to this section shall
not require the court to place the offender on probation. In sentences where the
referral is not a condition of probation, the offender shall return to court for
further sentencing if the reparative board does not accept the case or if the
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offender fails to complete the reparative board program to the satisfaction of
the board in a time deemed reasonable by the board.
   (c) The court may require participation in the Restorative Justice Program
as a condition of probation under subdivision 252(b)(15) of this title.
   (d) In determining whether to order an offender to participate in the
Restorative Justice Program, the court shall consider any relevant factors,
including:
         (1) whether there is an agreement between the parties for the referral;
         (2) the views of any victim of the offense;
         (3) the impact of the offense on the community;
         (4) the offender’s willingness to participate in the program;
         (5) the offender’s capacity to meaningfully participate in the program;
and
         (6) whether there are any orders of protection in effect, or previously in
effect, between the offender and any victim.
   (e) The Court Administrator shall create standardized forms for the referral
of offenders to the Restorative Justice Program to be used in all courts of the
State.
   (f) The Supreme Court may adopt procedural rules to effectuate this
section.
Sec. 4. EFFECTIVE DATE
   This act shall take effect on July 1, 2026.
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2026
Date Governor signed bill: April 20, 2026
                                            VT LEG #389069 v.1