H 744

No. 86  Page 1 of 1
2026
No. 86. An act relating to procedures for release after arrest.
                                     (H.744)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. Rule 3 of the Vermont Rules of Criminal Procedure is amended to
read:
   Rule 3. Arrest Without Warrant; Citation to Appear
                                      ***
   (k) Temporary Release. A law enforcement officer arresting a person shall
contact a judicial officer for determination of temporary release pursuant to
Rule 5(b) of these rules without unnecessary delay. The law enforcement
officer shall provide the judicial officer with an affidavit or sworn statement as
required by Rule 4(a) of these rules, and information upon which the
determination as to temporary release may be made. The affidavit or sworn
statement must indicate the crimes to be charged by the arresting officer. The
procedures and standards established by the Presiding Judge of each unit
pursuant to Rule 5(b) may require that the affidavit or sworn statement include
the charge or charges that the prosecuting attorney intends to file and may
require that the affidavit also include any conditions of release, including bail
or an order to hold without bail, that the prosecuting attorney is requesting.
Sec. 2. EFFECTIVE DATE
   This act shall take effect on July 2, 2026.
Date Governor signed bill: April 27, 2026
                                                                   VT LEG #389268 v.1