The Vermont Statutes Online

Title 28 : Public Institutions and Corrections

Chapter 005 : Probation

Subchapter 003 : REVOCATION OF PROBATION

• § 301. Summons or arrest of probationer

  At any time before the discharge of the probationer or the termination of the period of probation:

  (1) Summons or warrant for arrest. The court may summon the probationer to appear before it or may issue a warrant for his or her arrest.

  (2) Arrest or citation of person on probation. Any correctional officer may arrest a probationer without a warrant if, in the judgment of the correctional officer, the probationer has violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution; or may deputize any other law enforcement officer to arrest a probationer without a warrant by giving him or her a written statement setting forth that the probationer has, in the judgment of the correctional officer, violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution. The written statement delivered with the person by the arresting officer to the supervising officer of the correctional facility to which the person is brought for detention shall be sufficient warrant for detaining him or her. In lieu of arrest, a correctional officer may issue a probationer a citation to appear for arraignment. In deciding whether to arrest or issue a citation, an officer shall consider whether issuance of a citation will reasonably ensure the probationer’s appearance at future proceedings and reasonably protect the public.

  (3) No right of action. Any probationer arrested and detained in accordance with the provisions of this chapter shall have no right of action against any law enforcement officer, correctional officer, employee of the Department of Corrections, or any other persons because of such arrest and detention.

  (4) Detention pending hearing for probationer. Pending arraignment for any charge of violation, the probationer shall be detained at a correctional facility unless issued a citation by a correctional officer. Thereafter, the court may release the probationer pursuant to 13 V.S.A. § 7554. There shall be no right to bail or release, unless the person is on probation for a nonviolent misdemeanor or nonviolent felony.

  (5) Release of certain persons on probation for nonviolent offenses. (A) At arraignment, if the court finds that bail or conditions of release will reasonably ensure the probationer’s appearance at future proceedings and conditions of release will reasonably protect the public, the court shall release a probationer who is on probation for a nonviolent misdemeanor or nonviolent felony pursuant to 13 V.S.A. § 7554.

  (B) As used in this section:

  (i) “Nonviolent felony” means a felony offense that is not a listed crime as defined in 13 V.S.A. § 5301(7) or an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64.

  (ii) “Nonviolent misdemeanor” means a misdemeanor offense that is not a listed crime as defined in 13 V.S.A. § 5301(7) or an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64 or 13 V.S.A. § 1030. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 2; 1997, No. 148 (Adj. Sess.), § 89, eff. April 29, 1998; 1997, No. 152 (Adj. Sess.), § 4; 2003, No. 57, § 10, eff. July 1, 2004; 2009, No. 157 (Adj. Sess.), § 5; 2017, No. 62, § 2; 2019, No. 131 (Adj. Sess.), § 283.)