The Vermont Statutes Online

Title 28 : Public Institutions and Corrections

Chapter 005 : Probation

Subchapter 002 : CONDITIONS OF PROBATION; MODIFICATIONS; DISCHARGE

• § 251. Duration of probation

  (a) The court placing a person on probation may terminate the period of probation and discharge the person at any time if such termination is warranted by the conduct of the offender and the ends of justice.

  (b)(1) Upon the Commissioner’s motion to discharge pursuant to subsection 252(d) of this title, the sentencing court shall terminate the period of probation and discharge the person at the midpoint of the probation term unless the prosecutor seeks a continuation of probation within 21 days following receipt of notice of the Commissioner’s motion, and:

  (A) the court finds by a preponderance of the evidence that termination and discharge will present a risk of danger to the victim of the offense or to the community; or

  (B) the court finds by clear and convincing evidence that the probationer is not substantially in compliance with the conditions of probation that are related to the probationer’s rehabilitation or to victim or community safety.

  (2) If the court grants the prosecutor’s motion to continue probation, it may continue probation for the full term or any portion thereof. The court shall also review the conditions of probation and remove any conditions that are no longer necessary for the remainder of the term.

  (3) Notwithstanding 1 V.S.A. § 214, this subsection shall apply retroactively to any probationer serving a specified term of probation.

  (c) A probationer shall not be deemed ineligible for discharge or term reduction due to unpaid restitution, fees, or surcharges. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2021, No. 24, § 3; 2021, No. 94 (Adj. Sess.), § 2, eff. April 21, 2022.)