At a glance

How it would work.

Two things have to be true. Then the judge must set the strongest release terms the law already allows, not the lightest ones.

  1. When

    Someone is charged with a third property crime within three years.

    That means burglary, retail theft, larceny, car theft, receiving stolen property, unlawful mischief, or trespass with intent to commit a crime. Attempts count too.

  2. And

    They’ve missed a court date, or show other signs of flight risk.

    Missing court without a good reason in the last three years counts. So do the flight-risk factors judges already use.

  3. Then

    The judge must set, at a minimum:

    • A secured bail bondThe defendant has to actually put money behind it, not a signature and a promise.
    • GPS monitoringIf someone cuts and runs, law enforcement knows.
    • Weekly in-person check-ins
Safeguards

A hearing within 72 hours.

The defendant can ask for one to contest it. Weekends and holidays don’t count toward the 72 hours. That keeps it fair, not automatic punishment.

Reasons on the record.

A judge who decides not to apply these conditions has to put the reasons in writing, on the record.

A path to release stays open.

The bill never allows holding someone without bail. It works within Vermont’s Constitution (Chapter II, § 40) instead of picking a fight it would lose.

In Dave’s words
White paper · September 25, 2026
01 /

The problem

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.

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. 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.

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. I have interviewed well respected and experienced leaders: among them members of law enforcement at the state and local level, a state’s attorney, a probation and parole manager, a judge, and a leader in law enforcement who has seen the problem from a state policy perspective. All of them recognize a problem that needs to be fixed now.

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. I am too.

The truth is that accountability can be an act of kindness.

Dave Wolk
02 /

Why the obvious fix doesn’t work

My initial instinct was simple, or maybe even simplistic: as a lesson to the offender, let a judge hold someone in jail after a third property crime. But Vermont’s Constitution (Chapter II, § 40) guarantees non-violent defendants a path to release — judges may refuse release altogether only for the most serious violent and capital offenses. A law that tried to let judges hold non-violent, repeat property offenders with no bail set and no way out would almost certainly be struck down in court. A law that gets thrown out would help no one. It wastes the state’s money on litigation and leaves victims exactly where they started.

03 /

The new approach

Instead of writing a law that picks a fight it will lose, if elected I will introduce legislation that uses the tools Vermont’s Constitution already allows, but makes them mandatory instead of optional.

If I lose my election in November, I hope that others will pick up the idea and propose a bill that becomes law sooner than later.

Under this proposal, when someone is charged with a third qualifying property crime within three 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:

  • 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 get today. Judges decide this.
  • GPS monitoring, so if someone cuts and runs, law enforcement knows.
  • Weekly in-person check-ins with law enforcement.
  • A fast court hearing (72 hours) if the defendant wants to contest it — so this is fair, not automatic punishment.
  • A written explanation on the record if a judge decides not to apply these conditions — so there’s accountability for the decision itself, not just the defendant.

There will clearly be new expenses for Corrections, and for other elements of the criminal justice system. But it is also likely that the court docket will be lighter if there is more accountability in the process.

As with any new bill, a fiscal note estimating financial impacts would need to be attached. This should be true with any bill.

The proposal is not about being harsh. The truth is that accountability can be an act of kindness. 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.

04 /

The next step

If Vermonters want judges to be able to hold repeat property offenders with no bail at all — not just the toughest bail and release terms the law allows — that requires amending the Vermont Constitution itself, a process that takes several years, legislative approval over two bienniums and a statewide vote. I support starting that conversation.

But the entire State of Vermont shouldn’t have to wait years for the accountability tools we can put in place right now. What I have proposed will address the problem now, with discussion of a possible constitutional amendment later.

Dave Wolk
Independent candidate
Rutland County Senate
The draft bill

Read the bill itself.

A concept draft written for review by Vermont’s Legislative Counsel. It is not final bill language.

An act relating to accountability for repeat property offenders on pretrial releaseConcept draft · Sept 25, 2026 · 3 pages · PDFOpen the PDF ↗
  1. Sec. 1Makes strong release terms mandatoryAdds 13 V.S.A. § 7554(a)(3): the trigger, three minimum conditions (secured bond, GPS monitoring, weekly reporting), a 72-hour hearing to contest, written reasons if a judge deviates, and a line making clear it never allows holding someone without bail.
  2. Sec. 2Defines what countsAdds § 7554(e): seven qualifying property offenses, and attempts at them. The three years count back from the date of the current offense.
  3. Sec. 3Effective dateTakes effect on passage.

Why it’s built this way. Vermont’s Constitution lets judges deny bail only for the most serious violent and capital offenses. So the bill sets conditions of release, not detention, and stays inside those limits.

Your thoughts

Questions or ideas about this proposal?

Dave shaped it by listening to law enforcement, a state’s attorney, a judge, select boards, and business leaders. He would like to hear from you, too.

Write to Dave →