Advisory Committee on the Rules of Criminal Procedure Meeting May 1

CRIMINAL RULES ADVISORY COMMITTEE
May 1, 2026 Meeting
9:30 a.m.
Vermont Supreme Court (via Zoom)

AGENDA
Meeting Opening and General Announcements, Chair John Treadwell
AGENDA ITEMS:
1. Approve minutes of February 6, 2026 Committee meeting
2. Approve 2025 Annual Report
3. REPORTS:
• Status of Various Rules Amendments:
Promulgated-
• There are no promulgated Criminal Rules amendments before the Court at this time.
Proposed-
• 2025-08: V.R.Cr.P. 3(k); Court Adding Required Contents for Affidavits/Sworn Statements Submitted per V.R.Cr.P. 5(b) for After-Hours Bail Calls, to Determine Hold without Bail/Bail/Conditions of Release. (Previously transmitted proposed amendment to V.R.Cr.P. 3k, status and reconsideration of proposed amendment following Bill H.744)1 (Treadwell)
• 2026-01: V.R.Cr.P. 49; Committee Review of Suggested Amendments to the Rule for Service, Filing, and Signing of Papers. (Approved by Committee during February meeting; Recirculated with corrections)(Treadwell/Heery)
OLD BUSINESS:
4. 2025-08: V.R.Cr.P. 3(k); Court Adding Required Contents for Affidavits/Sworn Statements Submitted per V.R.Cr.P. 5(b) for After-Hours Bail Calls, to Determine Hold without Bail/Bail/Conditions of Release. (Previously transmitted
1 See, https://legislature.vermont.gov/bill/status/2026/H.744 for more information on the status of Bill H.744. proposed amendment to V.R.Cr.P. 3k, status and reconsideration of proposed amendment following Bill
H.744)2 (Treadwell) 5. 2026-01: V.R.Cr.P. 49; Committee Review of Suggested Amendments to the Rule for Service, Filing, and Signing of Papers. (Approved by Committee during February meeting; Recirculated with corrections)(Treadwell/Heery)
6. 2025-07: V.R.Cr.P. 32.1; Committee Review of Comments/Suggested Further Amendments to Draft of V.R.Cr.P. 32.1, Designed to Update Process and Procedures for probation revocation and modifications; (Committee consideration of further amendments to previously voted upon draft) (Treadwell, Heery)
7. 2023-04: V.R.Cr.P. 41.1(m)&(n): Non-Testimonial Identification Orders; "Minors"; "Offense"; Application in Delinquency and YO Cases; Revision for Currency of Terms and Consistency with Current Practices and Statutory Expansion of Jurisdiction and V.R.Cr.P. 41.1 linguistic updates. (Following implementations of Family Rules Committee suggestions as to 41.1(m) and (n) and updates to archaic language existing in Rule 41.1, committee consideration of revised draft) (Gray/Heery)
8. 2026-01: Miscellaneous Updates; Committee Review of Language of Various Criminal Rules (Proposed amendments to remove gendered language from various Criminal Rules without substantive changes)(Treadwell)
9. 2025-11: V.R.Cr.P. 17; Committee Review of Language and Contents of V.R.Cr.P. 17, Governing the Use of Subpoenas, in Light of Proposed Amendments to Fed.R.Crim.P. 17; (Subcommittee consisting of Judge Gray, Ian Sullivan, Jordana Levine, and Jess Burke to consider any suggested amendments for recommendation by Criminal Rules Committee) (Gray)
NEW BUSINESS:
10. 2026-2: V.R.Cr.P. 32(c)(5); Committee Review of Requirement of Return of Presentence Investigation (PSI) reports3 (Treadwell)
11. Any Other Business.
12. Closing; Next Committee Meeting Date Scheduled for May 1, 2026; Adjourn.
[SH; 4/25/26]
2 See, https://legislature.vermont.gov/bill/status/2026/H.744 for more information on the status of Bill H.744.
3 See, 28 V.S.A. § 204(d); State v. LaBounty, 167 Vt. 25 (1997); State v. Bacon, 167 Vt. 88 (1997); In re Sevene, 136 Vt. 602 (1979).