By Mike Donoghue
Vermont News First
RUTLAND — State Senate candidate David Wolk of Rutland is proposing a legislative bill that is designed to attack the lack of accountability and the revolving door reputation for repeat offenders in criminal courts across the entire state.
The legislative proposal is expected to address the longstanding problems of criminal defendants that are arrested 4, 8, 12 or more times, that are repeatedly released on conditions by state judges under Vermont’s lax bail laws, only to get arrested again on one or more new criminal charges — and then frequently blow off future court hearings, Wolk said.
“Under this proposal, when somebody is charged with a third qualifying property crime within 3 years, and has either missed a court date or shows other signs of flight risk, a judge would be required to set the strongest bail and release terms the law already allows — not the lightest ones,” the former state senator and Castleton University president said.
Under his proposed bill, the release of a repeat offender by a state judge would involve 5 steps, he said. Wolk said they would require:
— A secured bail bond the defendant has to actually put money behind — not a signature and a promise, which is what a lot of repeat offenders do today. Judges would decide the amount of the paid bond.
— GPS monitoring to keep track of the location of repeat offenders. If someone cuts off the device and runs, law enforcement will know.
— Weekly in-person check-ins with law enforcement.
— A quick court hearing (within 72 hours) if the defendant wants to contest the bail amount — so it is fair and not considered automatic punishment.
— A written explanation on the record if a state judge decides not to apply the conditions — so there’s accountability for the decision itself, not just the defendant.
Wolk’s legislative bill is designed to bring state bail laws up to the federal level that require accountability for people being released from court. There have been lots of discussions in Vermont through the years to bring accountability to release conditions in state court, but little action taken, Wolk said.
The difference between release conditions in state and federal court is stark. A federal judge in Vermont recently jailed a defendant as a risk to flee after a prosecutor noted he had two pending arrests warrants out of state for drug trafficking, a history of failures to appear and an escape conviction. Just days earlier, a state judge released the same drug trafficking defendant on conditions without requiring bail.
Also in federal court, the first listed condition tells the defendant to commit no new crimes. The state courts have removed the no new crime requirement from its printed form for conditions of release. Federal court also prohibits defendants when released from using, possessing or buying drugs, including marijuana, which remains illegal under federal law in Vermont. Vermont state courts do not ban drug use for fear defendants on release will fail that provision.
Wolk said his new proposal would work in the short term and give teeth right away. He said it also would give state legislators time to finally start moving on a Constitutional Amendment for bail, which can take five or more years.
He said he has been told that his draft bill will pass judicial muster.
“The proposal is not about being harsh. The truth is that accountability can be an act of kindness,” Wolk said.
“It is about closing the loop that currently lets people walk out the door with no more than a piece of paper telling them to come back, with many of them not appearing in court the next time, and the revolving door continues. It needs to stop,” he said.
Both the Vermont Senate and House Judiciary Committees have yet to sit down to try to draft the Constitutional Amendment.
“As I have listened to Rutland County citizens over the last few months, and witnessed what is happening not only in our county but across Vermont, it is undeniable that police and courts are seeing the same names again and again — offenders charged with property crimes, released, and back in front of a judge within days or weeks on a new charge. But very often they do not show up,” Wolk said.
“Business owners board up windows they have replaced three times. Families stop reporting break-ins because ‘nothing happens anyway.’ This is not a failure of any one officer, prosecutor, or judge,” he said.
“They are not to blame. Instead, it is a gap in Vermont law that leaves courts with too few tools to respond to a documented pattern of repeat offending and failure to show up for court,” Wolk said.
“Many of the offenders are back in the community committing the same crimes, some in the double digits, with no apparent fear of consequences. This is not just a problem in Rutland. It is a challenge in Burlington, in St. Johnsbury, and throughout the state,” he said.
Wolk, who stepped down as an assistant judge in Rutland County earlier this year to run for the state senate, is in a four-way race for three seats in the General Election.
He is squaring off against three incumbents: Republicans Brian Collamore of Rutland Town, David H. Weeks of Proctor and Terry K. Williams of Poultney. Voting, which has started, ends the night of Nov. 3.
Wolk was a longtime Democrat, but announced he was running as an Independent so he is not beholding to either major party. He said he would not accept money from any political party or political action committees.
Wolk said if he is unsuccessful in the November election, he hopes some successful legislator will introduce his draft bill and push for its passage.
Former longtime Vermont State Police Director James Baker said he likes the ideas offered by Wolk to try to correct the problem.
“This is an opening for a bigger conversation,” according to Baker, who served 31 years with Vermont State Police.
“Empathy without accountability is enabling,” Baker said about the lack of teeth in the state bail laws in Vermont.
He said the lack of personal accountability has led to self-destruction and the damaging of communities.
Baker has seen the severe problem with the current state bail laws in other posts he has held. Gov. Phil Scott called on Baker to serve as Commissioner of Corrections for about two years during COVID-19.
He also did stints as police chief in Manchester and Rutland City and as head of the Vermont Police Academy for 18 months.
For Baker, it is not just about criminals, but people with other anti-social issues. Many of the people arrested have mental health issues that need to be addressed – and it should be done early in the court process, Baker said.
“David wants to start a conversation about the lack of accountability in the system around the things adding to the social disorder,” Baker told Vermont News First. Mental health is a key issue among them, he said.
Wolk said he developed his bail plan after listening over several months to residents in Rutland County, who are fed up with repeated crimes. He said he also talked with lawyers, police, judges, legislators, and probation and parole officials.
“Furthermore, as I have met with select boards, municipal and business leaders and others on the street, this lack of accountability is often first and foremost on the minds of citizens who are sick and tired of the revolving door,” he said.
“It is undeniable that police and courts are seeing the same names again and again — offenders charged with property crimes, released and back in front of a judge within days or weeks on a new charge. But very often they do not show up,” Wolk said.