Vermont May Delay Raise the Age Legislation Until 2025

Vermont officials are considering a delay to “Raise the Age” legislation, which raises the age at which young offenders can remain in juvenile proceedings. The new age is due to be implemented in July 2021, but there are concerns that the state’s Department for Children and Families does not have the necessary staffing or facilities to accommodate the change. S. 58 proposes a delay until April 2025, which would be the third such delay since 2018. The bill is being developed by a Senate panel and includes several other measures aimed at reducing crime and increasing accountability in the criminal justice system.

What’s in the Proposed Bill?

The Senate’s S. 58 includes several measures intended to strengthen Vermont’s criminal justice system. In addition to delaying the Raise the Age legislation, the bill would:

• Revise laws on violent offenses and some drug crimes.
• Require the Department for Children and Families to produce regular reports on its progress towards implementing “Raise the Age”.
• Alter the state’s list of “Big 12” crimes to now charge people ages 16 and up for using a firearm while committing a felony, trafficking regulated drugs, and aggravated stalking.
• Add a new felony charge for selling or dispensing xylazine, an animal sedative that is increasingly found in illicit opioids, but not approved for human use.
• Eliminate the argument that someone charged with selling drugs did not know the drugs contained a deadly substance, such as fentanyl.
• Require quicker arraignment for those cited for selling or dispensing drugs at a residence where they are not a legal tenant.
• Reduce the notice period a landlord is required to give a tenant who is being evicted for criminal activity, illegal drug activity, or acts of violence that threaten the safety of other residents.

Why is There Still Opposition?

Although the proposed legislation addresses several issues in Vermont’s criminal justice system, some are concerned about the potential negative impact of delaying the Raise the Age initiative. While some believe that the Department for Children and Families lacks the resources to support the new system, others argue that delaying the legislation sends a message that the state’s youngest offenders are not a priority. The proposed changes to the state’s list of serious crimes, which include adding felony charges for certain crimes, have also been criticized by some groups who argue that it will result in harsher sentences for young people.

The “Trolley Problem”

Sen. Nader Hashim, D-Windham, has described the choice facing lawmakers as a metaphorical “trolley problem.” Both outcomes – delaying the Raise the Age initiative or bringing 19-year-old offenders into the Department for Children and Families – could have negative consequences. Opponents of the delay argue that there is empirical evidence that the Raise the Age initiative is working, while supporters of the delay maintain that the state lacks the resources required to accommodate any changes to the system.

Conclusion

Vermont lawmakers are considering delaying the implementation of the “Raise the Age” legislation due to concerns about staffing and resources at the Department for Children and Families. The new age would raise the bar for young offenders from 18 to 19 years old, but S. 58 proposes a delay until 2025, citing various reasons. While the proposed bill also includes several measures intended to strengthen Vermont’s criminal justice system, some groups remain concerned about the potential negative consequences of the delay and the potential for harsher sentences for young offenders.

Originally Post From https://vtdigger.org/2024/02/26/an-omnibus-bill-to-change-crime-laws-takes-shape-in-the-senate/

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