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H.396

Introduced by Representatives Nitka of Ludlow

Referred to Committee on

Date:

Subject:  Corrections; probation; length of term

Statement of purpose:  This bill proposes to require that the probation term for misdemeanants be for a definite period of time not to exceed two years.

AN ACT RELATING TO PROBATION

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

Sec. 1.  28 V.S.A. § 205(a) is amended to read:

(a)  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 of court.  The term of probation for misdemeanors shall be for a specific term not to exceed two years unless the court, in its sole discretion, specifically finds that the interests of justice require a longer or an indefinite period of probation.  Nothing in this subsection shall prevent the court from terminating the period of probation and discharging a person pursuant to section 251 of this title.  The probation officer of a person on probation for a specific term shall review the person's case file during probation and, not less than 45 days prior to the expiration of the probation term, may file a petition with the court requesting the court to extend the period of probation for a specific term not to exceed one year in order to provide the person the opportunity to complete programming consistent with special conditions of probation.  A hearing on the petition for an extension of probation under this subsection shall comply with the procedures set forth in Rule 32.1 of the Vermont Rules of Criminal Procedure.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us