Vermont
Final Reading: Lawmakers consider whether to keep some intoxicated Vermonters out of prisons – VTDigger
House lawmakers spent much of this week mulling how the state should treat residents who are, as a matter of law, incapacitated.
Vermont statute describes incapacitated people as intoxicated or in withdrawal, and in need of medical care or posing a threat to themselves or others.
Under current statute, those individuals can be held up to 24 hours with the Department of Corrections, at a “lockup or community correctional facility,” even if they have been charged with no crime.
Six years ago, however, Vermont tucked language into the annual midyear budget update intended to keep those people out of prisons. That language, which would prohibit incapacitated Vermonters not charged with crimes from being housed in correctional facilities, is set to go into effect in July.
But now, Gov. Phil Scott’s administration is seeking to repeal that provision — a move that would allow correctional facilities to continue to temporarily hold incapacitated Vermonters indefinitely.
“The problem is that there are no secure facilities outside of the Department of Corrections,” Vermont Department of Health Deputy Commissioner Kelly Dougherty told the House Human Services Committee earlier this month.
Some local mental health agencies, such as Washington County Mental Health and Northeast Kingdom Human Services, offer beds through the so-called public inebriation program, also known as PIP beds.Those beds are intended as temporary places where intoxicated people can stay and avoid correctional facilities.
But many of those PIP beds across the state have shut down in recent years, leaving only eight still in operation.
State health officials are planning to merge PIP beds and mental health crisis beds under one umbrella program to allow for more flexibility. Still, the shortage has left the state reliant on the Corrections Department to hold incapacitated Vermonters. Without the ability to bring them to prisons, Dougherty told lawmakers this month, the state could be forced to send people to hospitals.
This week, health care workers and law enforcement officials came to the House Human Services Committee to ask its members to go ahead with repealing the provision.
“If the only option that you give police is to bring these individuals to the ED, you will be endangering our staff and other patients,” Alison Davis, the medical director of the emergency department at Rutland Regional Medical Center, told lawmakers Wednesday.
But lawmakers in the committee seemed undecided on whether to move ahead with the repeal. On Thursday, Rep. Theresa Wood, D-Waterbury, expressed uncertainty about the landscape of state services, given, on one hand, new state initiatives like the merger of PIP and mental health beds — and, on the other, potential federal funding cuts.
“I’m just wondering if it’s a tad early to be thinking about repealing the statute,” she said.
— Peter D’Auria
In the know
Advocates for migrant workers in the state continue to push for H.169, a bill that seeks to expand access to housing for immigrants without legal status living in Vermont. But the debate is shadowed by the specter of federal immigration policy.
As the administration of President Donald Trump ramps up deportation and detention of immigrants, proponents of the bill argue the state should do more to protect immigrants living in Vermont and increase their housing options. But the legislation faces headwinds from landlords and lenders.
The Vermont Landlord Association has objected to the addition of immigration status to the statute. “To make a landlord have to take somebody – even if they’re not here legally – I think is a challenge and a big ask,” Angela Zaikowski, the association’s director, told legislators in late March.
The association echoed these concerns in a “call to action” email last week, imploring its members to reach out to legislators and adding that the proposed change “has the potential to create federal issues for housing providers.”
Asked by lawmakers whether there were past examples of landlords getting into legal trouble after renting to people without legal status, Zaikowski said no.
“I think anything is possible at this point,” she added.
Will Lambek, from the group Migrant Justice, maintained that these fears of federal repercussions lacked legal basis. “Any fear of civil or criminal liability against landlords for renting to immigrant families is simply unfounded,” he said.
Read more about how federal immigration policy is looming over this debate here.
— Carly Berlin
A sudden reversal in federal funding for school districts has affected about 32 school districts and one mental health agency in Vermont, Jill Briggs Campbell, deputy secretary of the Vermont Agency of Education, told the Senate Education Committee on Wednesday.
The decision came in a March 28 letter from U.S. Secretary of Education Linda McMahon. It notified state education leaders that the federal department had reversed course on extending the deadline on a Covid-19 pandemic-era grant – the Elementary and Secondary School Emergency Relief funds, or ESSER – that has paid for learning support and summer programming.
While the money from ESSER originally had to be spent by Sept. 30, 2024, President Biden’s administration had approved an extension to allow schools to use the money through the 2025-26 school year. (Public schools in Vermont operate on a July 1 through June 30 fiscal calendar; the federal government’s fiscal year ends on September 30.)
McMahon’s letter noted that the federal department had “reconsidered” requests from state leaders to continue the extension after finding it “was not justified” and terminated the program at 5 p.m. on March 28 — three minutes before the statement was sent.
Vermont school districts have at least $10 million pending in that grant funding, Briggs Campbell estimated. The department has received about $800,000 worth of invoices but cannot request funds until it goes through the new process outlined in McMahon’s letter, which states the federal department will consider extensions “on an individual project-specific basis.”
“All of these were approved for extension by the previous administration,” she said in the hearing.
Read more about how the funding loss is affecting school districts here.
— Auditi Guha
On the move
After an extensive — and mysterious — delay, the Vermont House’s massive education bill, H.454, survived a voice vote on second reading Thursday. The bill is expected to face a vigorous challenge on the floor tomorrow.
—Ethan Weinstein
Visit our 2025 bill tracker for the latest updates on major legislation we are following.
SCHENECTADY, N.Y. (WNYT) – A Vermont man is facing weapons charges after a traffic stop in Schenectady.
State Police said on Friday that troopers on Nov. 25 stopped a vehicle on Edison Avenue just before 10:45 a.m. for a traffic violation. The driver, 25-year-old Jayshawn Clemente, allegedly had an illegally possessed loaded handgun with a large capacity ammunition feeding device.
Clemente was charged with three counts of criminal possession of a weapon and traffic violations. He was arraigned in Schenectady City Court and sent to Schenectady County Jail in lieu of bail set at $25,000 cash or $50,000 bond.
Rockefeller Christmas tree lights up in New York City
This year’s tree is 75-foot-tall Norway Spruce from just outside Albany, New York, with a 900 lb Swarovski star.
As December begins, Christmas lights are popping up all across Vermont to welcome the holiday season, bringing joy and brightness to the dark, cold days of winter.
Luckily, if you’re a fan of Christmas lights, you don’t have to go far to see them. Vermont has plenty of professional Christmas light displays ready to dazzle you this season, including everything from a walkthrough at a beautifully lit nature center to a museum full of decorated exhibits with a different theme in each room.
Here are five of the best Christmas light displays to check out in Vermont this holiday season.
Winter Lights at Shelburne Museum
On nights during the holiday season, Shelburne Museum turns into a winter wonderland full of colorful light displays. Each building and garden of the museum’s campus is uniquely decorated, from cascading twinkling lights at Beach Woods to the 220-foot illuminated steamboat “Ticonderoga.”
Those who do not want to walk can enjoy the magic of the lights on specific drive-around nights throughout the season. The museum will also have two gift shops, as well as a cafe with snacks and hot chocolate open until 8 p.m. each night of the light display.
Online tickets cost $15 for adults, $10 for children ages 3-17 or $30 for VIP. Tickets can be purchased in person, but are more expensive and not guaranteed. Drive-around tickets, which must be purchased online, cost $65 per vehicle.
When: 4-8 p.m. Thursday through Sunday from Nov. 21, 2025 through Jan. 4, 2026, plus every day between Dec. 26 and Jan. 1. Drive-around hours offered on Nov. 24-25, Dec. 2-3, Dec. 9-10, Dec. 16-17 and Jan. 5-6. Sensory-friendly nights on Dec. 1 and Dec. 15.
Where: Shelburne Museum, 6000 Shelburne Road, Shelburne
Winter Lights in the Park
This free, family-friendly light display allows guests to walk through lit trees and tunnels in Maple Street Park while holiday music floats through the air. Winter Lights in the Park also doubles as a scavenger hunt for hidden ornaments throughout the decorated trees.
When: 5-8 p.m. daily from Nov. 27, 2025 through Jan. 1, 2026
Where: Maple Street Park, 75 Maple St., Essex Junction
A Forest of Lights
Nature lovers can experience the beautiful Vermont outdoors lit up for the holiday season at the Vermont Institute of Natural Science (VINS) Nature Center in Quechee. A Forest of Lights, the nature center’s holiday light special, is an outdoor walkthrough experience with thousands of lights in exciting displays, including new attractions like the Sparkle Dome, the Dancing Lights Pavilion and Under the Black Light Sea.
When you finish walking through the illuminated forest, hot chocolate and light snacks are available for purchase to enjoy by the campfire.
Tickets cost $15 for adults or $9 for children over three.
When: 4:30-7 p.m. on Thursday through Saturday until Dec. 20, then daily until Jan. 3, 2026
Where: VINS Nature Center, 149 Natures Way, Quechee
Christmas Lights at the Joseph Smith Birthplace
The Church of Jesus Christ of Latter-day Saints celebrates Christmas with an outdoor light display at the birthplace of the church’s founder, Joseph Smith. Over 200,000 colorful lights decorate the grounds of the South Royalton monument.
Visitors can walk or drive along the decorated path for free.
When: 4-9 p.m. daily from Nov. 28, 2025 through Jan. 1, 2026
Where: Joseph Smith Birthplace, 357 Lds Lane, S. Royalton
Spruce Peak Lights Festival
Held for one night only at The Village at Spruce Peak, the Spruce Peak Lights Festival illuminates the ski village and surrounding evergreen trees with thousands of holiday lights.
Other attractions at this event include ice dancing performances, photos with Santa, a complimentary photobooth and a firework show.
When: Saturday, Dec. 20 from noon to 7 p.m. Village lighting at 7 p.m.
Where: Spruce Peak Village, 559 Spruce Peak Road, Stowe
The U.S. Department of Justice lists the top prosecutor position in Vermont as vacant, but the person who has been running that office for nearly a year said he is running the show.
The situation in Vermont is not unique, and has led to confusion and court cases around the country regarding who is legally carrying out federal law.
Michael Drescher — a longtime federal prosecutor in Vermont — has held the post of acting U.S. attorney for Vermont since President Donald Trump took office in January.
U.S. attorneys are responsible for prosecuting federal crimes and immigration law as well as representing the United States in civil matters.
Drescher’s title changed from “acting” last month but he wasn’t named to the U.S. attorney post on a permanent basis by Trump, which would have required Senate confirmation.
Instead, Drescher is listed as “First Assistant U.S. Attorney” in press releases issued by his office. In an email to VtDigger, Drescher stated, “I am still leading the office.”
He did not respond to a followup email seeking answers to why the change was made, or who made the decision.
The U.S. Department of Justice, headed by U.S. Attorney General Pamela Bondi, did not respond to a request for comment.
“There is a lot of confusion around the use of ‘interim,’ ‘acting’ and ‘first assistant’,” said Carl Tobias, a University of Richmond law professor who tracks U.S. attorney and judicial nominations.
“From my perspective, it’s avoiding what the Constitution requires, which is advice and consent of the Senate,” he said of the naming of U.S. attorneys. “In Trump 2.0 they’ve played fast and loose with that, and this is another example of it.”
Tobias said it’s difficult to say for certain why Trump doesn’t simply nominate a U.S. attorney for Vermont and go through the U.S. Senate confirmation process.
It’s possible, Tobias said, that the president doesn’t want to go through that process or fears that nominee’s confirmation wouldn’t be successful, or that he hasn’t found someone he wants to formally name to the post permanently.
Tobias said he also didn’t know the exact number of times during the Trump administration that an acting U.S. attorney for a federal district has later been named first assistant U.S. attorney to lead an office.
“I can’t tell you how many places this has happened, but it has happened,” he said, adding that many other districts are overseen by either acting or interim U.S. attorneys.
In only about 20 of the 94 federal districts, Tobias said, has a U.S. attorney gone through the U.S. Senate confirmation process during Trump’s current administration.
It’s difficult to determine from the U.S. Department of Justice website exactly how many interim, acting, first assistants and Senate-confirmed U.S. attorneys are leading federal districts.
In addition to Vermont, the only other federal district listed on the website as vacant is the Western District of Pennsylvania. That office, like Vermont’s, is also now headed by a person with the title of first assistant U.S. attorney, according to the website.
The main difference between an acting and interim U.S. attorney revolves around how long a person can stay in the post with that title, Tobias said, with the acting title allowing for a longer period of time.
According to federal law and rules, an interim U.S. attorney can generally serve for 120 days, while an acting U.S. attorney can generally serve for 210 days. There is no such limit for a person serving as first assistant U.S. attorney.
It’s unclear of the exact repercussions if a person stays longer in the post than they are allowed by their title, Tobias said, and whether any cases they oversee could be invalidated.
“It has to be raised and litigated,” Tobias said, adding that there have been cases challenging the authority of specific prosecutors around the country in other federal district courts that had reached varying rulings.
The person holding the first assistant title, he said, is usually the second in command in a U.S. attorney’s office. However, Tobias said, when there is no Senate-confirmed U.S. attorney or acting or interim U.S. attorney for an office, an argument could be made that the first assistant would then be in charge since technically the top post would be vacant.
“I think that’s the kind of fast and loose stuff,” he said.
Sen. Peter Welch, D-Vt., a member of the Senate Judiciary Committee, could not be reached for comment.
During the last Trump administration, Christina Nolan was nominated by the president to serve as the U.S. attorney for Vermont and was confirmed by the U.S. Senate in November 2017. She left the post in 2021 following President Joe Biden’s election.
Nikolas Kerest had served as the U.S. attorney for Vermont throughout most of the Biden administration but resigned in January after Trump was elected president.
This story was republished with permission from VtDigger, which offers its reporting at no cost to local news organizations through its Community News Sharing Project. To learn more, visit vtdigger.org/community-news-sharing-project.
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