The Vermont Statutes Online

Title 28: Public Institutions and Corrections

Chapter 006: Supervised Community Sentence

• Subchapter 001: GENERAL PROVISIONS

• § 351. Definitions

  As used in this chapter:

  (1) “Supervised community sentence” means a form of imprisonment to be served outside the walls of a correctional facility, subject to the rules of the Commissioner and subject to revocation and incarceration pursuant to this chapter.

  (2) “Alternative sentencing program” means a residential or nonresidential program operated by the Department or contracted with public or private agencies to provide any of a range of sanctions, treatment, or control functions, to include: half-way houses, day centers, community work programs, residential treatment centers, individual and group counseling, house arrest, electronic monitoring, and intensive supervision. (Added 1989, No. 291 (Adj. Sess.), § 4.)

• § 352. Supervised community sentence

  (a) At the request of the court, the Commissioner of Corrections shall prepare a preliminary assessment to determine whether an offender should be considered for a supervised community sentence.

  (b) Upon adjudication of guilt, a finding of violation of probation, or a finding of civil contempt, and only after the filing of a recommendation for supervised community sentence by the Commissioner of Corrections, the court may impose a sentence of imprisonment and order that all or part of the term of imprisonment be served in the community subject to the provisions of this chapter. Such a sentence shall not limit the court’s authority to place a person on probation and to establish conditions of probation.

  (c) The conditions of a supervised community sentence shall be contained in a plan prepared by the Commissioner of Corrections as part of the presentence investigation and submitted to the court. The plan shall be designed to encourage the offender to lead a law-abiding life or assist the offender to do so, and to reasonably assure the safety of the community, repayment of any restitution, and performance of service to the community in compensation for the criminal act itself. The plan shall set forth the offender’s responsibilities under the sentence, conditions of behavior, objectives for treatment and supervision, and the form of reparation to the community. The court may approve or reject but not modify the plan.

  (d) Conditions in a plan for a supervised community sentence may be changed by the Commissioner of Corrections by adding, deleting, or modifying a condition. The offender may request the Parole Board to review an addition, deletion, or modification that substantially changes the plan or that substantially alters the limits on the offender’s liberty without good cause or an addition, deletion, or modification that is clearly unreasonable. The change shall go into effect pending the Parole Board’s review, which shall be concluded promptly. The decision of the Parole Board shall be final. (Added 1989, No. 291 (Adj. Sess.), § 4; amended 2011, No. 119 (Adj. Sess.), § 10.)

• § 353. Powers and responsibilities of the Commissioner of Corrections; supervised community sentence

  The Commissioner shall be charged with the following powers and responsibilities regarding the administration of supervised community sentences:

  (1) To maintain general supervision and treatment of persons serving a supervised community sentence.

  (2) To establish alternative sentencing programs for the sanction, treatment, and control of offenders sentenced under this chapter and, in the Commissioner’s discretion, to require payment of reasonable fees for such services.

  (3) To award grants to local private or public agencies for the development and operation of alternative community programs in furtherance of the goals and purposes of this chapter, in accordance with policies established in this chapter and within the limits of any appropriation made for this purpose.

  (4) In accordance with 3 V.S.A. chapter 25, to adopt rules consistent with the provisions of this chapter regarding the supervision, maintenance, treatment, and all attendant matters, including standards for the deletion, addition, and modification of conditions, to be applied to offenders sentenced to a term of imprisonment under a supervised community sentence.

  (5) To detain for safekeeping at a correctional facility any offender who allegedly has violated the conditions of supervision pending a hearing before the Parole Board.

  (6) To give to the Parole Board, or its properly accredited representatives, access at all reasonable times to any offender who has been sentenced under this chapter and provide the Board or its representatives such reports as the Board may require concerning the conduct of any offender under the supervision of the Commissioner and any other facts considered by the Board pertinent in determining whether the supervised community sentence should be revoked or continued. (Added 1989, No. 291 (Adj. Sess.), § 4.)

• § 354. Rules of Parole Board

  The Parole Board shall adopt such rules consistent with the provisions of this chapter as it considers proper and necessary regarding the arrest, detention, and release of offenders pending a review by the Board, the administration of Board hearings, and all other attendant matters. (Added 1989, No. 291 (Adj. Sess.), § 4.)

• Subchapter 002: DURATION

• § 361. Reduction of term

  Each successful day completed by an offender serving a supervised community sentence while in the community shall be counted as one day served for the total sentence of imprisonment. So long as an offender is serving a supervised community sentence in the community, the offender shall not be awarded a reduction of term for good behavior pursuant to section 811 of this title. (Added 1989, No. 291 (Adj. Sess.), § 4.)

• § 362. Duration of supervised community sentence

  A sentence of supervised community sentence shall not terminate earlier than the expiration of the minimum term of imprisonment ordered by the sentencing court. Upon the expiration of the minimum sentence, the offender’s case shall be reviewed by the Parole Board. If the offender has successfully completed the obligations of supervised community sentence responsibilities, including restitution if imposed by the sentencing court, and successfully abided by the conditions of the sentence, the Commissioner may recommend to the Parole Board that the offender be paroled from supervised community sentence. The Board may, if warranted by the conduct of the offender and the ends of justice:

  (1) continue the offender under supervised community sentence until the expiration of the maximum term of sentence;

  (2) release the offender under parole supervision pursuant to chapter 7 of this title; or

  (3) terminate the offender from supervision altogether. (Added 1989, No. 291 (Adj. Sess.), § 4.)

• § 363. Summons or arrest of person serving a supervised community sentence

  (a) Parole Board warrant. The Parole Board may issue a warrant for the arrest of an offender or a notice, to be served personally upon the offender, requiring the offender to appear before the Board, if the Board has reason to believe that a violation of conditions or violation of law has occurred. The warrant shall authorize any law enforcement officers and any correctional officers to return the offender to the custody of a correctional facility, or to any other suitable detention facility designated by the Board.

  (b) Broken terms of parole. If the Board issues a warrant for the return of an offender and it is found that the warrant cannot be served, the offender shall, for purposes of extradition only, be considered as having broken the terms of parole.

  (c) Arrest of person on serving supervised community sentence. Any correctional officer designated by the Commissioner may arrest a person in supervised community sentence without a warrant if, in the judgment of the correctional officer, the person has violated a condition or conditions of supervised community sentence, or may deputize any other law enforcement officer to do so by giving the officer a written statement setting forth that the offender has, in the judgment of the correctional officer, violated a condition or conditions of supervised community sentence. The written statement delivered with the offender by the arresting officer to the supervising officer of the correctional facility to which the offender is brought for detention shall be sufficient warrant for detaining the offender. There shall be no right to bail or release.

  (d) No right of action. A person serving in supervised community sentence arrested and detained in accordance with the provisions of this chapter and rules established by the Commissioner, shall not have a right of action against the Commissioner, the Parole Board, any law enforcement officer, correctional officer, employee of the Department of Corrections, or any other person because of the arrest and detention. (Added 1989, No. 291 (Adj. Sess.), § 4; amended 1997, No. 148 (Adj. Sess.), § 89, eff. April 29, 1998; 1997, No. 152 (Adj. Sess.), § 5.)

• § 364. Release pending hearing

  Pending a hearing upon any charge of violation, the Parole Board may authorize the offender’s release from detention in accordance with the procedures set forth in 13 V.S.A. § 7554. For the purposes of this section, a judicial officer as defined in 7554(f) shall mean the Chair of the Parole Board or designee. (Added 1989, No. 291 (Adj. Sess.), § 4.)

• § 365. Notification of Board; hearing

  (a) Upon the arrest and detention of an offender, the supervising Corrections employee shall notify the Board immediately and shall submit in writing a report describing the alleged violation of a condition or conditions or alleged violation of law.

  (b) Upon receipt of the notification, or upon an arrest by warrant in accordance with this chapter, the Board shall cause the offender together with the supervising Corrections employee to be brought before it promptly for a hearing regarding the alleged violation. Corrections employees may be represented by legal counsel, which shall be provided by the State upon request, at hearings of the Parole Board. The offender shall have access to counsel as provided in parole revocation hearings.

  (c) The Board may not revoke the service of supervised community sentence outside a correctional facility without an administrative hearing conducted pursuant to the procedures and rules applicable to parolees under federal and State due process and chapter 7 of this title.

  (d) If the alleged violation is established by substantial evidence, the Board may enter such order as it determines to be necessary or desirable in accordance with this chapter.

  (e) Within a reasonable period of time, the Board shall provide to the offender a written statement containing the Board’s determination whether a violation has been established, a short summary of the evidence relied on, the disposition imposed, and a short summary of the reasons for the disposition. (Added 1989, No. 291 (Adj. Sess.), § 4.)

• Subchapter 003: VIOLATION AND REVOCATION

• § 371. Authority of the Parole Board

  If the offender commits an act punishable as a crime, or violates a condition of sentence during the period of supervised community sentence, the Parole Board may revoke the offender’s service of sentence outside a correctional facility and require the offender to serve all or part of the remaining sentence within a correctional facility, subject to the provisions for parole under chapter 7 of this title. (Added 1989, No. 291 (Adj. Sess.), § 4.)

• § 372. Disposition alternatives upon violation

  As an alternative to revocation and return of the offender to a correctional facility for the remainder of the maximum term of imprisonment, the Board in its discretion, after a violation has been established, may do one or more of the following:

  (1) continue the offender on the same terms as existed prior to the violation;

  (2) recommend to the Commissioner modified or new conditions of the plan;

  (3) conduct a formal or informal conference with the offender in order to re-emphasize the necessity of compliance with the conditions of the offender’s supervised community sentence. (Added 1989, No. 291 (Adj. Sess.), § 4.)

• § 373. Review of revocation

  (a) An offender may seek review of the Board’s decision to revoke or impose other disposition in the Criminal Division of the Superior Court. The review shall be in the nature of a petition for review under Rule 75 of the Vermont Rules of Civil Procedure and is limited to whether an offender’s rights protected by the Vermont or U.S. Constitution have been violated and whether the requirements of section 365 of this title have been complied with.

  (b) Return of the offender to a correctional facility or other appropriate disposition ordered by the Board shall not be stayed pending review by the original sentencing court. (Added 1989, No. 291 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 238.)

• § 374. Witnesses; production of records

  (a) The Board may issue subpoenas requiring the attendance of any witnesses and the production of any records, books, papers, and documents as it may consider necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the Board. Subpoenas so issued may be served by a parole or probation officer or a law enforcement officer, in the same manner as similar process in the Criminal Division of the Superior Court.

  (b) The Criminal Division of the Superior Court, upon application of the Board, may compel the attendance of witnesses and the production of evidence before the Board in the same manner as it may compel them to attend or be produced before the court.

  (c) All testimony given before the Board shall be given under oath. (Added 1989, No. 291 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 238.)