H.12

Introduced by Representative Kainen of Hartford

Referred to Committee on

Date:

Subject: Corrections; revocation of probation; disposition alternatives upon violation

Statement of purpose: This bill proposes to permit the court to impose a portion of the underlying sentence for violations of probation.

AN ACT RELATING TO VIOLATION OF PROBATION

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 28 V.S.A. § 304 is amended to read:

§ 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 all or part of the sentence which was suspended or order that the sentence be served in the community pursuant to the provisions of chapter 6 of this title.

(b) As an alternative to revocation and imposition of sentence as provided in subsection (a) of this section, the court, in its discretion, after a violation has been established, may:

(1) Continue the probationer on the existing sentence; or

(2) Effect, in accordance with section 253(b) of this title, necessary or desirable changes or enlargements in the conditions of probation; or

(3) Conduct a formal or informal conference with the probationer in order to re-emphasize to him or her the necessity of compliance with the conditions of probation; or

(4) Issue a formal or informal warning to the probationer that further violations may result in revocation of probation by the court.