The Vermont Statutes Online

Title 13 : Crimes and Criminal Procedure

Chapter 169 : Vermont Sentencing Commission

• § 5452. Duties [Repealed effective July 1, 2025]

  (a) In addition to the general responsibilities set forth in section 5451 of this title, the Commission shall:

  (1) report on historical and existing sentencing practices in Vermont, including the frequency and duration of incarcerative and nonincarcerative sentences for particular offenses;

  (2) report on geographical sentencing disparities which result in a defendant’s sentence for an offense varying substantially on the basis of the county in which it is committed;

  (3) propose a system of statewide discretionary sentencing ranges that take into account historical and existing sentencing practices and establish rational and consistent statewide sentencing standards;

  (4) review alternatives to the traditional prosecutorial model and make recommendations for alternative sentencing methods to the General Assembly;

  (5) review practices involving probation, parole, early or conditional release, preapproved furlough, supervised community sentence, graduated sanctions, and the awarding of sentencing credits, and make recommendations concerning such practices to the Department of Corrections and the General Assembly;

  (6) review developments in criminal law, including statutory modifications and judicial decisions, and make recommendations to the General Assembly when the Commission determines that legislative changes are advisable;

  (7) review proposed legislation and make recommendations concerning the proposals to the General Assembly; and

  (8) consider any other issue the Commission finds relevant to criminal sentencing and the criminal justice system.

  (b) [Repealed.]

  (c) It shall be a priority for the Sentencing Commission to develop responses to the significant impacts that increased opioid addiction has had on the criminal justice system. The Commission shall consider:

  (1) whether and under what circumstances offenses committed as a result of opioid addiction should be classified as civil rather than criminal offenses;

  (2) whether the possession or sale of specific, lesser amounts of opioids and other regulated drugs should be classified as civil rather than criminal offenses;

  (3) how to maximize treatment for offenders as a response to offenses committed as a result of opioid addiction. (Added 2005, No. 192 (Adj. Sess.), § 16, eff. May 26, 2006; amended 2011, No. 139 (Adj. Sess.), § 51(d), eff. May 14, 2012; 2017, No. 142 (Adj. Sess.), § 2, eff. May 21, 2018; repealed on July 1, 2023 by 2021, No. 147 (Adj. Sess.), § 33; repealed on July 1, 2025 by 2023, No. 46, § 24.)