Vermont Legislature SmartTranscripts:

[Senator Wendy Harrison (Chair)]: Okay, great. So, welcome everyone. This is Senate Institutions. Today is Thursday, 04/02/2026, and we're going to do two items today. One, we're going to take a testimony on H-five 59, an act relating to the parole board. We'll take testimony from the executive director of the Center for Crime Victim Services. And then after that, we're going to have a possible vote on H49, which is an act relating to eligibility of sentenced or detained individuals to obtain a state issued non driver identification card replacement operator's license or replacement learner's permit. And just in case someone's wondering about that one, the language is in that bill in H549 is duplicated in the T bill, the transportation bill. So it may get deleted in the transportation bill and so we are going to hopefully vote it out today. So, that is what we have. So, let us introduce ourselves. Wendy Harrison, I represent the Windham District.

[Senator Robert Plunkett (Vice Chair)]: I'm Robert Plunkett, Bennington District. Joe Major, Windsor, and Worcester. We've met, so. Oh, We've all we've all met, but we just Essex District. Yeah.

[Senator John Benson (Member)]: John Benson, Orange District.

[Senator Wendy Harrison (Chair)]: So, Jennifer, thank you for being here. And you probably know the drill, just for the record, your name and your position, and we'd love to hear your testimony.

[Jennifer Pullman, Executive Director, Center for Crime Victim Services]: Thank you very much. I really appreciate the committee allowing some time for what probably feels like a last minute request. My name is Jennifer Pullman. I am the Executive Director of the Center for Crime Victim Services. And as some of you may know, the Center for Crime Victim Services is a designated state agency that provides two direct service programs that support victims and survivors. It's the compensation program and the restitution unit. We also provide service that pass through for all federal funds and state and special funds that support victim services programs throughout the state. There's over 60 programs that we support through our granting process and provide advocacy and a statewide voice as well. I'm coming to you as today though more as the chair of the victim notification task force group that was established under Act 64 last year, and you have some documents on your page. The charge of the group was really to look at improving victims' accessibility to information, ensuring that the notification process is trauma informed, including notifications, communications, informational materials, and expanding the use of automated notification systems. Finally, recommendations for training and resources. I do want to say prior before I even speak about the small piece we're hoping to offer as an amendment, that I certainly support and appreciate the bill that's in front of you today, H559. Really familiar with the Parole Board and think anything that can be done to strengthen the bill, to strengthen the board is a huge step forward and I think it's a great bill. So we certainly support that. Out of the group that we worked really hard, and I know Chair Harrison and Vice Chair Plunkett being on joint legislative justice oversight are very familiar with the work that's been happening. But out of that group, we looked at, again, notification across the system. And in looking at notification rights, we noticed a discrepancy. And there is a document on your page that highlights that discrepancy between title what's entitled 13 VSA 5,305 and title 28 VSA five zero seven related to a victim's right to notification of information about parole hearings. What stuck out for us is that in Title 28, that's an automatic right to get that information unless a victim has waived that right in writing. In Title 13, that right only comes into play if the victim has requested that right. So as a committee or as a task force group, we unanimously decided to recommend that the language that's in 28 be imported into Title 13 because currently they're not in conformance. And I do want to underscore the membership of that committee. It was the Department of State's Attorneys and Sheriffs, the Vermont Network Against Domestic and Sexual Violence, the Vermont State Police, obviously the Department of Corrections, two victim survivors, and the Vermont Center for Crime Victim Services. And there was all agreement that the language that's in 28 should be imported into Title 13 so that they both are mirrors of each other.

[Senator Wendy Harrison (Chair)]: Okay, may I ask you a question? Has ledge counsel, do you know if they have made a sample of this or written this up or is it this language the language that we all the language that we have?

[Jennifer Pullman, Executive Director, Center for Crime Victim Services]: Our recommendation was to simply move it, not move it, to copy what's in 28 to 13. And I know this seems convoluted as to how it got to you perhaps and why we're at this eleventh hour. But as Madam Chair and Mr. Vice Chair know, this was a really long process and painstaking, but we came to an agreement on this piece in particular. And when it was brought up in the House, potentially looking at the Miscellaneous Judiciary Bill as a place it could land, by the time that bill was taken up, there just wasn't time for House Corrections and house judiciary to take a look at it. I was told chase it down in the Senate.

[Senator Wendy Harrison (Chair)]: Yeah, and that's definitely the right thing to do. I'm glad that you did. I just wanted to be clear. So the two paragraphs at the top of the page would be deleted and replaced with the language at the bottom of the page. Yes. So the one and two paragraphs would be replaced by the ABCD paragraphs. I just want to be super clear about what we're doing. And that's.

[Jennifer Pullman, Executive Director, Center for Crime Victim Services]: So we're not looking to change 28 at all. What we're realizing is that the provisions of 13 were prior to what's in '28. And with twenty eight really being the governing place that oversees the parole board, it felt like it made a lot more sense in terms of construction to do it that way. Also from a policy perspective, given the distance of time from when somebody is convicted to when they're on parole, given the significance of the event, the trauma, and the changes with release dates, it's really hard for victims to keep track of when they should be asking for that information. So it felt that simply conforming 13 with what is already practiced in '28 would just simply clarify pieces and not send different information or different, expectations to victims and survivors.

[Senator Wendy Harrison (Chair)]: Okay. So then you, I know I'm saying it multiple times, but I just want to be super clear. So you recommend the language. It's 28 USA five zero seven. That's at the bottom of this page and it starts with at least thirty days prior to a parole eligibility hearing and it has four main sections. You got Oh, you're that's what and there's no other changes to this language.

[Jennifer Pullman, Executive Director, Center for Crime Victim Services]: No, we are not recommending any changes to 28.507. It would be a change to thirteen fifty three, 2005. And I don't think anybody's quite clear where it should live, whether it's a judiciary issue or institutions issue, but trying to follow the respectful chain of command, so bringing it to your committee. First, House Corrections has already heard this, and they're interested to hear what your thoughts are as to where if you're interested in this minor amendment and if you are where you think it should land.

[Senator Wendy Harrison (Chair)]: Oh, so that's to be determined.

[Senator Robert Plunkett (Vice Chair)]: And, so I know it seems like a minor amendment, but I could see this getting kind of complicated quickly. Did the task force, talk about

[Senator Wendy Harrison (Chair)]: I know.

[Senator Robert Plunkett (Vice Chair)]: Okay, so I guess I'll back up. So the title 13 provisions require the Department of Corrections to do something. Title 28 provisions doesn't specify who shall do the notification, but it seems like it must be the parole board. Did the TAP force talk about that at all?

[Jennifer Pullman, Executive Director, Center for Crime Victim Services]: I see that, Haley is in the room.

[Senator Robert Plunkett (Vice Chair)]: Yeah. That's part

[Senator Wendy Harrison (Chair)]: of the reason why I asked

[Senator Robert Plunkett (Vice Chair)]: it too because Haley isn't.

[Jennifer Pullman, Executive Director, Center for Crime Victim Services]: But no, the parole board doesn't do the notifications. Those are notifications. And coming from the conversations that we had in the task force. The victim services unit takes those on themselves and do those in person, or shall I say over the phone. Those are not in personal notifications. Those are handled by the victim services unit. It's not adding to the parole board's responsibility.

[Senator Robert Plunkett (Vice Chair)]: Okay, but that's the Department of Corrections Victim Services Division. But from my looking at the statute, does seem like the parole board is supposed to be doing it. So if we don't change this title 28 statute, it has two entities that are required to give slightly different information, because the Title 13 is thirty days before a parole board hearing, which presumably could be anything, And Title 28 is prior to a parole eligibility hearing, so it's closer to just one thing. So I ask all of these questions just to point out, this is kinda complicated. We might need to have the judge counsel sort of parse it out, to make sure that what the statute to make sure we know what it wants, and it seems like the recommendation from the task force. I mean, we could appellate counsel to just draft language that amends the statutes. So title 13 reflects title 28 to ensure notification is opt out rather than opt in. But I think it seems a little more complicated, but this is also my lawyer brain, which I know you have as well.

[Jennifer Pullman, Executive Director, Center for Crime Victim Services]: Well, perhaps, and I'm happy to work with, obviously, the Department of Corrections and with Legis Council, perhaps simply looking at 28 BSA five zero seven sub A and specifying that it's the Department of Corrections, because I know that's current practice, that they handle those notifications. I do agree that it's not specified as to whether it's the parole board or DOC. But, so I'm looking at line two, but shall be notified by DOC.

[Senator Robert Plunkett (Vice Chair)]: Yeah. Okay, that was the other question for me. I don't have any problem adding it to our parole bill. Seems germane to it.

[Senator Wendy Harrison (Chair)]: Definitely.

[Senator Robert Plunkett (Vice Chair)]: Okay. Because we have the language that we, that everyone wants. Okay, good.

[Senator Wendy Harrison (Chair)]: All right. Any other questions or comments? Okay, I thank you for being here and it's no trouble that just came late. We'd like to be responsive to our constituents. And so we'll we'll take this up next the next process or item in this process will be to get letters of counsels, depending on how to frame it, and what the actual wording would be. So, stay in touch with us please so that we don't come up with something that you don't like. But please do stay in touch, feel better.

[Jennifer Pullman, Executive Director, Center for Crime Victim Services]: Thank you very much. And if there's more testimony, I just might hang out if that's okay.

[Senator Wendy Harrison (Chair)]: Yeah, that's fine. We do not have other testimony. Amy Farr was on the schedule. She stopped in and I met her and we had a good conversation and she said that you would provide all the information that we needed and I think you have and just that she's supportive of this this request. She is on Zoom. Oh and she is on Zoom. So let's let's make sure. Okay. So, if Amy wants to speak, she can. Thank you. I don't feel like I need to add anything. I'm all set, but thank you very much. Okay, perfect. Thank you.

[Senator Robert Plunkett (Vice Chair)]: Okay.

[Senator Wendy Harrison (Chair)]: All right. So the other item that we have on the agenda is H549, which is relating to all of those various IDs that the corrections folks would work with Department of Transportation and actually Department of Motor Vehicles to provide legal IDs for folks getting out of corrections. We were all supportive of it. Previously, if we are still supportive, we'll actually we need, I want to have the attorney here when we go.

[Senator John Benson (Member)]: Yeah. We did get an email on compared the house version to the senate version.

[Senator Wendy Harrison (Chair)]: Right.

[Senator John Benson (Member)]: Showed that the only change was the addition of the word cars.

[Senator Wendy Harrison (Chair)]: Right. So we we wanna use the house version.

[Senator John Benson (Member)]: Yeah. The house version has card.

[Senator Wendy Harrison (Chair)]: And that's that's that's what we're looking at is the H549. Yeah. You know what? We can just wait till tomorrow and and when Hillary when research counts. 02:30. Or we can that's a pretty long time to adjourn but that's fine with me. Do you want to do that? Do you guys want to come back at 02:30?

[Unidentified committee member]: I'm going be on the other thirty or two but if I'm done I'll come back. I got another

[Senator Robert Plunkett (Vice Chair)]: meeting at three so. Okay. Let's see if she's available to learn here. If

[Senator Wendy Harrison (Chair)]: she's available, she's available at 02:30 right?

[Senator Robert Plunkett (Vice Chair)]: Yes, I can check her schedule and see if she's available earlier.

[Senator Wendy Harrison (Chair)]: Okay, well let's adjourn temporarily and we'll either be back right away or at 02:30.