Title 28, Title 28: Public Institutions and Corrections

§ 204. Submission of written report; production of records (a) A court, before which a person is being prosecuted for any crime, may in its discretion order the Commissioner to submit a written report as to the circumstances of the alleged offense and the character and previous c…

§ 204a. Sex offenders; presentence investigations; risk assessments; psychosexual evaluations (a) The Department of Corrections shall conduct a presentence investigation for all persons convicted of: (1) lewd and lascivious conduct in violation of 13 V.S.A. § 2601; (2) lewd and l…

§ 204b. High-risk sex offenders A person who is sentenced to an incarcerative sentence for a violation of any of the offenses listed in subsection 204a(a) of this title and who is designated by the Department of Corrections as high-risk pursuant to 13 V.S.A. § 5411b while serving…

§ 205. Probation (a)(1) After passing sentence, a court may suspend all or part of the sentence and place the person so sentenced in the care and custody of the Commissioner upon such conditions and for such time as it may prescribe in accordance with law or until further order o…

§ 206. Expenses of probationer When a person is placed on probation, the Commissioner may expend such sums as deemed necessary for the temporary support of the person, his or her traveling expenses, or other purposes consistent with the policies of the Department regarding probat…

§ 207. Final judgment Notwithstanding the fact that a sentence to probation can subsequently be modified or revoked in accordance with subchapters 2 and 3 of this chapter, a judgment that includes such a sentence shall constitute a final judgment for all other purposes. (Added 19…

§ 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 di…

§ 252. Conditions of probation and midpoint review (a) Conditions, generally. The conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the offender will lead a law-abiding life or to assist the offender to do so. The court…

§ 252a. Review of probation conditions (a) When the court imposes a sentence upon a defendant who has been convicted of an offense enumerated in section 204a of this title that includes a period of incarceration of more than one year to serve to be followed by probation, the cour…

§ 253. Modification of conditions; revocations (a) During the period of probation, the court, on application of a probation officer or of the offender, or on its own motion, may modify the requirements imposed upon the offender or add further requirements authorized by section 25…

§ 254. Attendance at treatment facility (a) The court may require a person as a condition of probation to participate as a resident or nonresident in programs at a treatment center for all or part of the period of probation, provided that the Commissioner certifies that adequate …

§ 255. Discharge (a) Upon the termination of the period of probation or the earlier discharge of the probationer in accordance with section 251 of this title, the probationer shall, unless the court has ordered otherwise or under 13 V.S.A. § 7043(l), be relieved of any obligation…

§ 256. Graduated sanctions for technical violations (a) At any time before the discharge of the probationer or the termination of the period of probation if, in the judgment of the Commissioner, the probationer has violated a condition or conditions of his or her probation, other…

§ 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)…

§ 302. Notice; hearing (a) The court shall not revoke probation without a proceeding conducted in open court. The procedure of such hearing shall include: (1) the probationer has violated one or more conditions of probation; (2) aprior written notice to the probationer stating th…

§ 303. Grounds for revocation (a) Probation shall not be revoked unless the probationer violates a condition of his or her probation or is convicted of another crime. The violation or conviction shall be both a necessary and a sufficient ground for the revocation of probation. (b…

§ 304. Disposition alternatives upon violation of probation (a) If a violation is established by a proceeding conducted in accordance with section 302 of this title, the court may, in its discretion, revoke probation and require the probationer to serve the sentence that was susp…

§ 305. Duration of alternative sentence When a probationer who has paid a portion of a fine, as provided in subdivision 252(b)(7) of this title, is committed for a violation of the conditions of his or her probation, the amount so paid shall be stated in the mittimus and shall be…