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S.25

Introduced by   Senator Sears of Bennington District, Senator Campbell of Windsor District, Senator Cummings of Washington District, Senator Flanagan of Chittenden District, Senator Leddy of Chittenden District, Senator Welch of Windsor District and Senator Wilton of Rutland District

Referred to Committee on

Date:

Subject:  Public institutions and corrections; probation; supervised community sentence; parole

Statement of purpose:  This bill proposes to require the department of corrections to develop a system of graduated sanctions for violations of probation, supervised community sentence, and parole as an alternative to revocation and imposition of sentence.

AN ACT RELATING TO GRADUATED SANCTIONS FOR PROBATION, SUPERVISED COMMUNITY SENTENCE, AND PAROLE VIOLATIONS

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 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 subsection 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 reemphasize 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.; or

(5)  Continue the probationer on the existing sentence, but require the probationer to serve any portion of the sentence.

(c)  Prior to ordering either revocation or an alternative sanction for a violation of probation, the court shall give consideration to sanction guidelines established by the department of corrections pursuant to subsection (e) of this section.

(d)  No plea agreement shall limit the court’s discretion under this section.

(e)  The department of corrections shall adopt rules that establish graduated sanction guidelines for probation violations as an alternative to revocation and imposition of the original sentence.

Sec. 2.  28 V.S.A. § 365 is amended to read:

§ 365.  NOTIFICATION OF BOARD; HEARING

(a)  Upon the arrest and detention of an offender, the supervising corrections employee shall notify the board immediately and shall submit in writing a report describing the alleged violation of a condition or conditions or alleged violation of law.

(b)  Upon receipt of the notification, or upon an arrest by warrant in accordance with this chapter, the board shall cause the offender together with the supervising corrections employee to be brought before it promptly for a hearing regarding the alleged violation.  Corrections employees may be represented by legal counsel, which shall be provided by the state upon request, at hearings of the parole board.  The offender shall have access to counsel as provided in parole revocation hearings.

(c)  The board may not revoke the service of supervised community sentence outside a correctional facility without an administrative hearing conducted pursuant to the procedures and rules applicable to parolees under federal and state due process and chapter 7 of this title.

(d)  If the alleged violation is established by substantial evidence, the board may enter such order as it determines to be necessary or desirable in accordance with this chapter.  Prior to ordering either revocation or an alternative sanction for a violation of a supervised community sentence, the board shall give consideration to sanction guidelines established by the department of corrections pursuant to subsection (f) of this section.

(e)  Within a reasonable period of time, the board shall provide to the offender a written statement containing the board's determination whether a violation has been established, a short summary of the evidence relied on, the disposition imposed, and a short summary of the reasons for the disposition.

(f)  The department of corrections shall adopt rules that establish graduated sanction guidelines for supervised community sentence violations as an alternative to revocation and imposition of the original sentence.

Sec. 3.  28 V.S.A. § 552 is amended to read:

§ 552.  NOTIFICATION OF BOARD; HEARING

(a)  Upon the arrest and detention of a parolee, the parole officer shall notify the board immediately and shall submit in writing a report describing the alleged violation of a condition or conditions of the inmate's parole.

(b)  Upon receipt of the notification, or upon an arrest by warrant in accordance with the provisions of section 551 of this title, the board shall cause the inmate together with a parole officer to be brought before it promptly for a hearing regarding the alleged violation.  Parole officers may be represented by legal counsel, which shall be provided by the appropriate state's attorney or the attorney general upon request, at hearings of the parole board.

(1)  The hearing shall be conducted in accordance with such rules and regulations as the board may adopt.

(2)  If the alleged violation is established by substantial evidence, the board may continue or revoke the parole, or enter such other order as it determines to be necessary or desirable.  Prior to ordering either revocation or an alternative sanction for a violation of parole, the board shall give consideration to sanction guidelines established by the department of corrections pursuant to subsection (d) of this section.

(c)  In the event of the withdrawal of any warrant by the authority of the board, or in the event that the board at the hearing on the alleged violation finds that the parolee did not violate any condition of his the parolee’s parole, or the law, the parolee shall be credited with any time lost by the interruption of the running of his the parolee’s sentence.

(d)  The department of corrections shall adopt rules that establish graduated sanction guidelines for parole violations as an alternative to revocation and imposition of the original sentence.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us