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Submitted by Ms. Jenna Lapidus on

Priority Area 1: Reconvene the Justice Reinvestment II Working Group to monitor implementation and develop additional policy recommendations for improving post-prison treatment, services, and supervision.

Update: In November, CSG Justice Center staff executed Vermont’s seventh post-enactment Justice Reinvestment II Working Group meeting. This presentation focused on identified racial disparities in sentencing. To prepare, CSG Justice Center staff met with stakeholders to inform the discussion and recommendations that were shared during the presentation.

CSG Justice Center staff provided working group members with a review of national data as they relate to racial disparities and past analysis from CSG Justice Center presentations. Before providing members with results, data sources and the analytic approach used were explained. The presentation then provided insights into Vermont’s sentencing practices, which identified prominent disparities for Black people as compared to White people. In Vermont, the data show that Black people are six times more likely to be incarcerated relative to White people with drug and property cases seeing the highest disparities. As a result of the analysis, CSG Justice Center staff shared policy recommendations that would help address the cumulative impact of racial disparities at sentencing. Working group members were not required to make any decisions related to the recommendations; however, following the presentation members decided to move forward with the recommendations that were proposed:

- Apply a race equity lens to reclassification of drug offenses. Vermont is currently considering a classification structure for drug offenses. The state should apply a race equity lens by reclassifying lower- to mid-level felony drug possession and reevaluate the threshold of the highest level of possession.
- Establish non-binding sentencing guidance or presumptive probation for certain drug and property offenses.
- Identify racial disparities in diversion and pretrial services. Vermont should require the collection and reporting of race and ethnicity data in the Attorney General’s Pretrial Services and Court Diversion Report.
- Develop internal guidance to increase consistency in charging and plea-bargaining decisions within state’s attorney’s offices.
- Expand and increase data collection, which includes engaging impacted communities, publishing statewide data and supporting judicial training.

Priority Area 2: Implement presumptive parole, earned good time, and furlough status consolidation.

Update: In November, CSG Justice Center staff continued to meet regularly with DOC and Parole Board staff and leadership to discuss ongoing implementation to inform the final wrap-up presentation in December.

Vermont’s DOC and the Parole Board continued with their scheduled subaward-funded trainings to support the implementation of policy changes and improve supports and services for people on community supervision with complex needs.

Priority Area 3: Evaluate the current use of sanctions and incentives and recommend improvements to increase adherence to evidence-based practices.

Update: No update.

Priority Area 4: Analyze current policy and practice to identify ways to improve assessment processes, care coordination, information sharing, and case management for people in the criminal justice system who have complex behavioral health issues.

Update: In November, CSG Justice Center staff assisted Alliance for Community and Justice Innovation and the Agency of Human Services in finalizing a training plan for cross-agency implementation training funded through Vermont’s subaward beginning in January 2022.

Priority Area 5: Increase criminal justice data collection and analysis capacity and establish outcome measures and regular data monitoring to track the implementation progress of Act 148.

Update: In November, the CSG Justice Center staff met with DOC and Parole Board staff to discuss additions to the state’s data monitoring report.

Priority Area 6: Assist in creating standards to examine the data collection, monitoring, and evaluation process, especially as it concerns disparate outcomes for different demographic groups.

Update: In November, CSG Justice Center staff presented the results of the racial disparities analysis to working group members and interested parties. To prepare, CSG Justice Center staff met with stakeholders, shared insights into the data, and discussed the recommendations based on the analysis and results.

The Racial Disparities in the Juvenile and Criminal Justice Advisory Panel (RDAP) met in November to finalize and submit the report to the legislature regarding the Office of Racial Justice Statistics.

Press Clips:

Black Vermonters bear disproportionate brunt of drug charges, new report shows

News report details racial disparities in Vermont drug prosecutions

VPR morning newscast for Thursday, Nov. 18 (Starts at about minute 1:15)

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