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Searching 2021-2022 Session

The Vermont Statutes Online

 

Title 28 : Public Institutions and Corrections

Chapter 006 : SUPERVISED COMMUNITY SENTENCE

Subchapter 001 : GENERAL PROVISIONS

(Cite as: 28 V.S.A. § 352)
  • § 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.)