An act relating to extradition procedures
Sponsored By: Nader A Hashim (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 0 benefits, 1 costs, 3 mixed.
Longer holds for people awaiting extradition
Vermont judges can initially hold people awaiting a Governor’s extradition warrant for up to 90 days, up from 30. Bail and legal release remain available. The judge must find that the person is the accused person and probably committed the crime. Most cases also require a finding that the person fled justice, with an exception under Vermont’s existing extradition rules. At the State’s request, the probable-cause hearing can be delayed up to three business days. Judges can use hearsay or copies of out-of-state affidavits, even without certification. A current grand jury indictment from another state is enough to establish probable cause. These changes took effect May 28, 2025, and do not affect extraditions already underway that day.
Prior extradition waivers are presumed valid
People arrested in Vermont for another state’s case can sign a written waiver before a Vermont judge. This includes alleged escape or violations of bail, probation, or parole. The waiver lets them agree to return without the usual warrant and extradition steps. Before signing, the judge must explain their warrant rights and right to challenge detention in court. A previously signed, authenticated waiver is presumed valid; anyone challenging it must prove it is invalid. If upheld, the case can proceed as though the person consented. Executed waivers go to the Governor for filing, and officers must provide a copy when delivering the person to authorized agents. The law preserves applicable court-review rights and voluntary return options; waivers are not the only available procedure. These rules apply from May 28, 2025, excluding extraditions already underway.
Shorter follow-up holds and bail deadlines
When the initial period ends without arrest under the Governor’s warrant, a Vermont judge can release the accused person. The judge can instead order another hold of up to 30 days, down from 60. Another option is new bail requiring the person to appear and surrender within 30 days after the new bond. That deadline also falls from 60 days. These rules apply to extraditions beginning on or after May 28, 2025, not those already underway.
Vermont judges review out-of-state officers’ arrests
When an out-of-state officer makes an arrest in Vermont under the covered procedure, prompt judicial review is required. A Vermont officer must bring the person before a Vermont Superior judge to review whether the arrest was lawful. An unlawful arrest requires release. After a lawful arrest, the judge must order detention awaiting a Governor’s warrant within 90 days, or allow bail. The judge must consider flight risk when deciding between detention and bail. The judge must also consider issuing an arrest warrant for someone who fled to Vermont from another state. These rules apply from May 28, 2025, excluding extraditions already underway.
Sponsors & Cosponsors
Sponsor
Nader A Hashim
Democratic • Senate
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Senate Message: Signed by Governor May 28, 2025
5/29/2025SenateSigned by Governor on May 28, 2025
5/29/2025SenateDelivered to Governor on May 22, 2025
5/22/2025SenateSenate Message: House proposal of amendment concurred in
5/20/2025SenateAs passed by Senate and House
5/16/2025SenateHouse proposal of amendment concurred in
5/16/2025SenateHouse proposal of amendment; text
5/16/2025SenateUnfinished Business/House Proposal of Amendment
5/16/2025SenateUnfinished Business/House Proposal of Amendment
5/15/2025SenateNew Business/House Proposal of Amendment
5/14/2025SenateHouse proposal of amendment
5/13/2025SenateEntered on Notice Calendar
5/13/2025SenateHouse message: House passed bill in concurrence with proposal(s) of amendment
5/9/2025HouseRead third time and passed in concurrence with proposal of amendment
5/8/2025HouseAction Calendar: Third Reading
5/8/2025HouseThird Reading ordered
5/7/2025HouseReport of Committee on Judiciary agreed to
5/7/2025HouseRep. Goslant of Northfield reported for the Committee on Judiciary
5/7/2025HouseRead second time
5/7/2025HouseAction Calendar: Favorable with Amendment
5/7/2025HouseNotice Calendar: Favorable with Amendment
5/6/2025HouseRead first time and referred to the Committee on Judiciary
3/21/2025HouseRead 3rd time & passed
3/19/2025SenateNew Business/Third Reading
3/19/2025Senate3rd reading ordered
3/18/2025Senate
Bill Text
As Enacted (ACT 39)Opens in a new window
6/3/2025
As Passed by Both Chambers
5/21/2025
As Passed by Both Chambers (Unofficial)
5/21/2025
House Proposal of Amendment
5/13/2025
House Proposal of Amendment (Unofficial)
5/13/2025
As Passed by the Senate
3/25/2025
As Passed by the Senate (Unofficial)
3/25/2025
As Introduced
2/21/2025
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