28 V.S.A. § 1602 — VT Code / Title 28 / Chapter 27 / Section 1602
§ 1602. Definitions-Article II
Status: in_force

As used in this compact, unless the context clearly requires otherwise:

(a) “State” means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) “Sending state” means a state party to this compact in which conviction or court commitment was had.

(c) “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(d) “Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

(e) “Institution” means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in subsection (d) above may lawfully be confined.
28 V.S.A. § 807 — VT Code / Title 28 / Chapter 11 / Section 807
§ 807. Voting rights
Status: in_force

(a) Notwithstanding any other provision of law, a person who is convicted of a crime shall retain the right to vote by early voter absentee ballot in a primary or general election at the person's last voluntary residence during the term of the person's commitment under a sentence of confinement provided the person otherwise fulfills all voting requirements.

(b) No person sentenced to the custody of the Commissioner of Corrections may use the place of involuntary confinement as the person's place of residence for the purpose of qualifying to vote.
28 V.S.A. § 507 — VT Code / Title 28 / Chapter 7 / Section 507
§ 507. Notification to victim and opportunity to testify
Status: in_force

(a) At least 30 days prior to a parole eligibility hearing, the victim of a listed crime as defined in 13 V.S.A. § 5301(7), shall be notified as to the time and location of the hearing. Such notification may be waived by the victim in writing.

(b) At a parole eligibility hearing, unless waived by the victim of a listed crime as defined in 13 V.S.A. § 5301(7), the inmate shall not be present when the victim testifies before the Parole Board.

(c) Parole Board proceedings shall be subject to the Vermont Open Meeting Law.

(d) As used in this section, “victim” means:

(1) a victim of the listed crime for which the Parole Board is determining the inmate's eligibility for parole; and

(2) a victim of a listed crime of which the inmate was convicted other than the listed crime for which the Parole Board is determining the inmate's eligibility for parole.
28 V.S.A. § 1609 — VT Code / Title 28 / Chapter 27 / Section 1609
§ 1609. Other arrangements unaffected-Article IX
Status: in_force

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation, or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
28 V.S.A. § 363 — VT Code / Title 28 / Chapter 6 / Section 363
§ 363. Summons or arrest of person serving a supervised community sentence
Status: in_force

(a) Parole Board warrant. The Parole Board may issue a warrant for the arrest of an offender or a notice, to be served personally upon the offender, requiring the offender to appear before the Board, if the Board has reason to believe that a violation of conditions or violation of law has occurred. The warrant shall authorize any law enforcement officers and any correctional officers to return the offender to the custody of a correctional facility, or to any other suitable detention facility designated by the Board.

(b) Broken terms of parole. If the Board issues a warrant for the return of an offender and it is found that the warrant cannot be served, the offender shall, for purposes of extradition only, be considered as having broken the terms of parole.

(c) Arrest of person on serving supervised community sentence. Any correctional officer designated by the Commissioner may arrest a person in supervised community sentence without a warrant if, in the judgment of the correctional officer, the person has violated a condition or conditions of supervised community sentence, or may deputize any other law enforcement officer to do so by giving the officer a written statement setting forth that the offender has, in the judgment of the correctional officer, violated a condition or conditions of supervised community sentence. The written statement delivered with the offender by the arresting officer to the supervising officer of the correctional facility to which the offender is brought for detention shall be sufficient warrant for detaining the offender. There shall be no right to bail or release.

(d) No right of action. A person serving in supervised community sentence arrested and detained in accordance with the provisions of this chapter and rules established by the Commissioner, shall not have a right of action against the Commissioner, the Parole Board, any law enforcement officer, correctional officer, employee of the Department of Corrections, or any other person because of the arrest and detention.
28 V.S.A. § 1352 — VT Code / Title 28 / Chapter 22 / Section 1352
§ 1352. Article II; Definitions
Status: in_force

As used in this compact, unless the context clearly requires a different construction:

(1) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.

(2) “Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission's actions or conduct.

(3) “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact.

(4) “Compacting state” means any state which has enacted the enabling legislation for this compact.

(5) “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact.

(6) “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this compact.

(7) “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.

(8) “Noncompacting state” means any state which has not enacted the enabling legislation for this compact.

(9) “Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.

(10) “Person” means any individual, corporation, business enterprise or other legal entity, either public or private.

(11) “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.

(12) “State” means a state of the United States, the District of Columbia, and any other territorial possessions of the United States.

(13) “State council” means the resident members of the state council for interstate adult offender supervision created by each state under Article III of this compact.
28 V.S.A. § 2a — VT Code / Title 28 / Chapter 1 / Section 2a
§ 2a. Restorative justice
Status: in_force

(a) State policy. It is the policy of this State that principles of restorative justice be included in shaping how the criminal justice system responds to persons charged with or convicted of criminal offenses, and how the State responds to persons who are in contempt of child support orders. The policy goal is a community response to a person's wrongdoing at its earliest onset, and a type and intensity of sanction tailored to each instance of wrongdoing. Policy objectives are to:

(1) Resolve conflicts and disputes by means of a nonadversarial community process.

(2) Repair damage caused by criminal acts to communities in which they occur, and to address wrongs inflicted on individual victims.

(3) Reduce the risk of an offender committing a more serious crime in the future, that would require a more intensive and more costly sanction, such as incarceration.

(b) Implementation. It is the intent of the General Assembly that law enforcement officials develop and employ restorative justice approaches whenever feasible and responsive to specific criminal acts, pursuant to 3 V.S.A. §§ 163 and 164, concerning court diversion; 13 V.S.A. chapter 221, concerning sentencing; and the provisions of this title, concerning persons in the custody of the Commissioner of Corrections. It is the further intent of the General Assembly that such restorative justice programs be designed to encourage participation by local community members, including victims, when they so choose, as well as public officials, in holding offenders accountable for damage caused to communities and victims, and in restoring offenders to the law-abiding community, through activities:

(1) That require offenders to:

(A) acknowledge wrongdoing and apologize to victims;

(B) make restitution for damage to the victims, consistent with provisions of 13 V.S.A. chapter 221 and of this title;

(C) make reparation for damage to the community by fulfilling a community service; and

(D) when relevant, successfully complete treatment addressing the offense or other underlying problematic behavior, or undertake academic or vocational training or other self-improving activity.

(2) That aid in the recovery of victims, recognizing that victims, particularly of violent crime, often suffer lifelong effects and, accordingly, must feel safe and involved in any program offered to assist them.

(3) That help in identifying the causes of crime and ways community members and municipal and State government can reduce or prevent crime in the future.
28 V.S.A. § 808e — VT Code / Title 28 / Chapter 11 / Section 808e
§ 808e. Absconding from furlough; warrant
Status: in_force

(a) “Absconded” has the same meaning as “absconding” as defined in subdivision 724(d)(2)(C) of this title.

(b) The Commissioner of Corrections may issue a warrant for the arrest of a person who has absconded from furlough status in violation of subsection 808(a) or section 723 or 808a of this title, requiring the person to be returned to a correctional facility. A law enforcement officer who is provided with a warrant issued pursuant to this section shall execute the warrant and return the person who has absconded from furlough to the Department of Corrections.

(c) A person for whom an arrest warrant is issued pursuant to this section shall not earn credit toward service of the person's sentence for any days that the warrant is outstanding.
28 V.S.A. § 802 — VT Code / Title 28 / Chapter 11 / Section 802
§ 802. Correspondence of inmates
Status: in_force

(a) Any authorized employee of any correctional facility shall have the right to inspect all correspondence by or to inmates of the facility. The employee shall have the right to withhold and prevent the transmission of material intended to be sent through the mails by or to an inmate if the material is contraband as defined by the rules of the facility or constitutes a clear and present danger to the security of the facility.

(b) Notwithstanding the provisions of subsection (a) of this section, any correspondence from an inmate to any public official of the State or of the United States shall not be impeded in its transmission, nor shall it be inspected, opened, copied, duplicated, photographed, or examined in any way.

(c) An inmate shall not correspond through the mail with another inmate committed to the custody and supervision of the Department of Corrections, whether in the same facility or in a different facility, except as follows:

(1) To communicate with immediate family members who are inmates also in the custody and supervision of the Department of Corrections, subject to the prior approval of the superintendent or the superintendent's designee.

(2) To communicate with other inmates where the inmate's classification or treatment team deems the correspondence in the best interests of both parties.

(3) To communicate with another inmate regarding legal matters, so long as the superintendent or his or her designee knows the second inmate customarily offers legal advice to other inmates.

(4) To correspond with other inmates, so long as the correspondence has been approved by the superintendent or the superintendent's designee at his or her sole discretion.

(d) Negative contact list.

(1) Except as provided in subsection (b) of this section, an inmate incarcerated at a Department of Corrections facility shall not correspond through the mail with any individual on the Department of Corrections' negative contact list.

(2) An individual may be added to the negative contact list by notifying the Department of Corrections in writing that he or she does not wish to receive any correspondence through the mail from a particular inmate.

(3) A parent or authorized legal guardian of a minor may add the minor child to the negative contact list of any inmate who is not the parent of the child by notifying the Department of Corrections in writing that he or she does not wish the minor child to receive any correspondence through the mail from a particular inmate. If the inmate is a parent of the minor, the inmate shall have the right to have contact with the minor, unless the inmate is prohibited by court order from contacting the child.
28 V.S.A. § 722 — VT Code / Title 28 / Chapter 11 / Section 722
§ 722. Definitions
Status: in_force

As used in this subchapter:

(1) “Absconding” means:

(A) the offender has not met supervision requirements, cannot be located with reasonable efforts, and has not made contact with Department staff within three days if convicted of a listed crime as defined in 13 V.S.A. § 5301(7) or seven days if convicted of an unlisted crime;

(B) the offender flees from Department staff or law enforcement; or

(C) the offender left the State without Department authorization.

(2) “Conditional reentry” means the process by which a sentenced offender is released into a community for supervision while participating in programs that assist the reintegration process. The offender's ability to remain in the community under supervision is conditioned on the offender's progress in reentry programs.

(3) “Listed crime” means any offense identified in 13 V.S.A. § 5301(7).

(4) “Technical violation” means a violation of conditions of furlough that does not constitute a new crime.

(5) “Total effective sentence” means the sentence imposed under 13 V.S.A. §§ 7031 and 7032 as calculated by the Department in the offender's records.

(6) “Unlisted crime” means any offense that is a crime under Vermont law, but is not identified in 13 V.S.A. § 5301(7).
28 V.S.A. § 911 — VT Code / Title 28 / Chapter 12 / Section 911
§ 911. Grant program for community-based half-way houses and programs
Status: repealed

(a) A grant program for community-based alternatives to incarceration is established to assist:

(1) private nonprofit community organizations establish half-way houses and programs to help adult ex-offenders and offenders on probation, parole, or furlough reintegrate into the community; and

(2) existing half-way houses and programs for adult ex-offenders and offenders on probation, parole, or furlough.

(b) The Alternatives to Incarceration Board established under section 912 of this title shall establish procedures and guidelines by which it shall solicit and review proposals for grants, award grants, and monitor and evaluate the progress of projects funded under this chapter.

(c) Private, nonprofit organizations which create residential half-way houses for former prisoners or offenders on community release status shall receive priority funding under this chapter.

(d) [Repealed.]
28 V.S.A. § 1101 — VT Code / Title 28 / Chapter 15 / Section 1101
§ 1101. Powers and responsibilities of the Commissioner regarding juvenile services
Status: repealed

The Commissioner is charged with the following powers and responsibilities regarding the administration of juvenile services:

(1) to provide appropriate facilities for the custody and treatment of offenders under 25 years of age committed to his or her custody in accordance with the laws of the State;

(2) to supervise and administer and oversee the maintenance of the facilities, in accordance with the various powers and responsibilities established in the office of Commissioner by this title, by 33 V.S.A. chapter 52, and by 3 V.S.A. §§ 3052 and 3053;

(3) to advise, upon request and in his or her discretion, local, State, and federal officials and public and private agencies and lay groups on the needs for and possible methods of the reduction and prevention of delinquency and the treatment of delinquents;

(4) to cooperate with other agencies whose services deal with the care and treatment of delinquents to the end that children who are committed to the custody of the Commissioner may wherever possible be assisted to a successful adjustment outside institutional care;

(5) to cooperate with other agencies in surveying, developing, and utilizing the resources of a community as a means of combating the problem of juvenile delinquency and of effectuating rehabilitation; and

(6) to hold community and State conferences from time to time in order to acquaint the public with current issues of juvenile delinquency.

(7) [Repealed.]
28 V.S.A. § 304 — VT Code / Title 28 / Chapter 5 / Section 304
§ 304. Disposition alternatives upon violation of probation
Status: in_force

(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 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;

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

(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;

(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 in accordance with subsection (b) of this section, the court shall consider, but has complete discretion whether to follow, 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 pursuant to 3 V.S.A. chapter 25 that establish graduated sanction guidelines for probation violations as an alternative to revocation and imposition of the original sentence. These guidelines do not grant the Department any authority to impose sanctions for probation violations.
28 V.S.A. § 551 — VT Code / Title 28 / Chapter 7 / Section 551
§ 551. Issuance of warrant; arrest without a warrant; confinement pending hearing; authority of correctional officers and law enforcement officers
Status: in_force

(a) Parole Board warrant. The Board may issue a warrant for the arrest of a parolee, or may issue an order, to be served personally upon the parolee, requiring him or her to appear before the Board, if the Board has reason to believe that a violation of parole has occurred. The warrant shall authorize any law enforcement officers and any correctional officers to return the person to the custody of a correctional facility.

(b) Fugitive from justice. A parolee for whose return a warrant has been issued by the Board, if it is found that a warrant cannot be served, shall be considered to be a fugitive from justice or to have fled from justice.

(c) Arrest of person on parole. Any correctional officer designated by the Commissioner may arrest a parolee without a warrant if, in the judgment of the correctional officer, the person has violated a condition of his or her parole; or may deputize any other law enforcement officer to do so by giving him or her a written statement setting forth that the parolee has, in the judgment of the correctional officer, violated a condition or conditions of his or her parole. The written statement delivered with the person by the arresting officer to the supervising officer of the correctional facility to which the person is brought for detention shall be sufficient warrant for detaining him or her.

(d) No right of action. Any parolee arrested and detained in accordance with the provisions of this chapter shall have no right of action against any law enforcement officer, correctional officer, employee of the Department of Corrections, or any other persons because of such arrest and detention.

(e) Detention pending hearing for parolee. Pending a hearing on the merits upon any charge of violation, the parolee shall continue to be detained at a correctional facility. The Parole Board may authorize the parolee's release from detention in accordance with the procedures set forth in 13 V.S.A. § 7554. For the purposes of this section, judicial officer, as defined in 13 V.S.A. § 7554(f), shall include the Chair of the Parole Board or his or her designee. There shall be no right to bail or release.
28 V.S.A. § 371 — VT Code / Title 28 / Chapter 6 / Section 371
§ 371. Authority of the Parole Board
Status: in_force

If the offender commits an act punishable as a crime, or violates a condition of sentence during the period of supervised community sentence, the Parole Board may revoke the offender's service of sentence outside a correctional facility and require the offender to serve all or part of the remaining sentence within a correctional facility, subject to the provisions for parole under chapter 7 of this title.
28 V.S.A. § 710 — VT Code / Title 28 / Chapter 11 / Section 710
§ 710. Approval of residence
Status: in_force

(a) Before approving a residence for a sex offender who is being released from confinement or whom the court has released on a probationary sentence or an alternative sentence under community supervision by the Department, the Commissioner or the Commissioner's designee shall give careful consideration to the proximity of the residence to any risk group associated with the offender.

(b) For purposes of this section, “sex offender” shall have the same meaning as in 13 V.S.A. § 5401(10)(B).
28 V.S.A. § 708 — VT Code / Title 28 / Chapter 11 / Section 708
§ 708. Discharge
Status: in_force

(a) An inmate shall be released from confinement at the expiration of his or her term of sentence less the time deducted for good behavior.

(b) When an inmate is released from a correctional facility, either on parole or upon final discharge from the custody of the Commissioner, he or she shall be returned any personal possessions taken from him or her upon his or her commitment, and he or she may be furnished with transportation to the place where he or she will reside, any earnings set aside for him or her in a wage fund or other program or fund and any additional sum of money as may be prescribed by the Commissioner to enable the inmate to meet his or her immediate needs.

(c) If an inmate's release date falls on a weekend or legal holiday, the inmate may be released at the discretion of the supervising officer on the next preceding day that is not a legal holiday or a weekend.
28 V.S.A. § 127 — VT Code / Title 28 / Chapter 3 / Section 127
§ 127. Department of Corrections; peer support program; confidentiality
Status: in_force

(a) As used in this section:

(1) “Department” has the same meaning as in subdivision 3(4) of this title.

(2) “Participant” means a Department staff member who has been involved in a traumatic incident by reason of employment at the Department and who has agreed to participate in the Department's peer support program.

(3) “Peer support” means appropriate support and services offered by a peer support specialist to a participant.

(4) “Peer support program” means a program established by the Department of Corrections to provide appropriate peer support services to Department staff members.

(5) “Peer support session” means a peer support program session for a Department staff member who has been involved in a traumatic incident by reason of employment at the Department or related to other personal matters.

(6) “Peer support specialist” means a Department staff member who, by reason of the staff member's prior experience, training, or interest, has expressed a desire and has been selected to provide appropriate peer support services to a participant.

(7) “Staff member” means a supervising officer as defined in subdivision 3(9) of this title, a correctional officer as defined in subdivision 3(10) of this title, and any other employee of the Department.

(b)(1) Except as provided in subsection (d) of this section, any communication made by a participant or peer support specialist in a peer support session of the peer support program, including any oral or written information conveyed during a peer support session, shall not be disclosed by any individual participating in the peer support session.

(2) Except as provided by subsection (d) of this section, any communication relating to a peer support session between peer support specialists, between peer support specialists and participants of the peer support program, between participants of the peer support program, or between any other Department staff member, including any oral or written information, shall not be disclosed by any individual participating in the communication.

(3) Written communications described in this subsection, such as notes, records, and reports related to a peer support session, are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The Public Records Act exemptions created in this section shall not be subject to the provisions of 1 V.S.A. § 317(e) (repeal of Public Records Act exemptions).

(c) Except as provided by subsection (d) of this section, any communication made by a participant or peer support specialist in a peer support session, including any oral or written communication, such as notes, records, and reports related to the peer support session, shall not be admissible in a judicial, administrative, or arbitration proceeding. Limitations on disclosure imposed by this subsection include disclosure during any discovery conducted as part of an adjudicatory proceeding. Limitations on disclosure imposed by this subsection shall not include knowledge acquired by the Department or staff members from observations made during the course of employment or information acquired by the Department or staff members during the course of employment that is otherwise subject to discovery or introduction into evidence.

(d)(1) Confidentiality protections described in subsections (b) and (c) of this section shall only apply to a peer support session conducted by an individual who has:

(A) been designated by the Department or the peer support program to act as a peer support specialist; and

(B) received and completed training in peer support and providing emotional and moral support to Department staff members who have been involved in emotionally traumatic incidents by reason of their employment or other personal matters.

(2) Confidentiality protections described in subsections (b) and (c) of this section shall not apply to the following information as it pertains to an individual designated to receive such information in the normal course of the individual's professional responsibilities:

(A) any threat of suicide or homicide made by a participant of a peer support session or any information conveyed in a peer support session relating to a threat of suicide or homicide;

(B) any information relating to the abuse of a child or vulnerable adult, or other information that is required to be reported by law;

(C) any admission of criminal conduct; or

(D) any admission of a plan to commit a crime.

(e) Nothing in this section shall prohibit any communications between peer support specialists regarding a peer support session or between peer support specialists and participants of the peer support program.
28 V.S.A. § 255 — VT Code / Title 28 / Chapter 5 / Section 255
§ 255. Discharge
Status: repealed

(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 obligations imposed by the order of the court and shall have satisfied the sentence for the crime.

(b) [Repealed.]

(c) A court hearing shall be held prior to discharging an offender from probation for a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3.
28 V.S.A. § 801b — VT Code / Title 28 / Chapter 11 / Section 801b
§ 801b. Medication for opioid use disorder in correctional facilities
Status: in_force

(a) If an inmate receiving medication for opioid use disorder prior to entering the correctional facility continues to receive medication prescribed in the course of medication for opioid use disorder pursuant to section 801 of this title, the inmate shall be authorized to receive that medication for as long as medically necessary.

(b)(1) If at any time an inmate screens positive as having an opioid use disorder, the inmate may elect to commence buprenorphine-specific medication for opioid use disorder if it is deemed medically necessary by a provider authorized to prescribe buprenorphine. The inmate shall be authorized to receive the medication as soon as possible and for as long as medically necessary.

(2) Nothing in this subsection shall prevent an inmate who commences medication for opioid use disorder while in a correctional facility from transferring from buprenorphine to methadone if:

(A) methadone is deemed medically necessary by a provider authorized to prescribe methadone; and

(B) the inmate elects to commence methadone as recommended by a provider authorized to prescribe methadone.

(c) The licensed practitioner who makes the clinical judgment to discontinue a medication shall cause the reason for the discontinuance to be entered into the inmate's medical record, specifically stating the reason for the discontinuance. The inmate shall be provided, both orally and in writing, with a specific explanation of the decision to discontinue the medication and with notice of the right to have the inmate's community-based prescriber notified of the decision. If the inmate provides signed authorization, the Department shall notify the community-based prescriber in writing of the decision to discontinue the medication.

(d)(1) As part of reentry planning, the Department shall commence medication for opioid use disorder prior to an offender's release if:

(A) the offender screens positive for an opioid use disorder;

(B) medication for opioid use disorder is medically necessary; and

(C) the offender elects to commence medication for opioid use disorder.

(2) If medication for opioid use disorder is indicated and despite best efforts induction is not possible prior to release, the Department shall ensure comprehensive care coordination with a community-based provider.

(3) If an offender takes a prescribed medication as part of medication for opioid use disorder while incarcerated and that prescription medication is both available at the facility and clinically appropriate for the offender at the time of discharge from the correctional facility, the Department or its contractor shall provide the offender, at the time of release, with a legally permissible supply to ensure that the offender may continue taking the medication as prescribed prior to obtaining the prescription medication in the community.

(e)(1) Counseling or behavioral therapies shall be provided in conjunction with the use of medication for medication-assisted treatment as provided for in the Department of Health's “Rule Governing Medication for Opioid Use Disorder for: (1) Office-Based Opioid Treatment Providers Prescribing Buprenorphine; and (2) Opioid Treatment Providers.”

(2) As part of reentry planning, the Department shall inform and offer care coordination to an offender to expedite access to counseling and behavioral therapies within the community.

(3) As part of reentry planning, the Department or its contractor shall identify any necessary licensed health care provider or an opioid use disorder treatment program, or both, and schedule an intake appointment for the offender with the providers or treatment program, or both, to ensure that the offender can continue treatment in the community as part of the offender's reentry plan. The Department or its contractor may employ or contract with a case worker or health navigator to assist with scheduling any health care appointments in the community.
28 V.S.A. § 504 — VT Code / Title 28 / Chapter 7 / Section 504
§ 504. Witnesses; production of records
Status: in_force

(a) The Board may issue subpoenas requiring the attendance of any witnesses and the production of any records, books, papers, and documents as it may consider necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the Board. Subpoenas so issued may be served by a parole or probation officer, or a law enforcement officer, in the same manner as similar process in the Criminal Division of the Superior Court. Any Criminal Division of the Superior Court of the State, upon application of the Board, may in its discretion compel the attendance of witnesses and the production of evidence before the Board in the same manner as it may compel them to attend or be produced before the court.

(b) Any person who testifies falsely or fails to appear when subpoenaed, or fails or refuses to produce material under the subpoena, shall be subject to the same orders and penalties to which a person before a court is subject.
28 V.S.A. § 1601 — VT Code / Title 28 / Chapter 27 / Section 1601
§ 1601. Purpose and policy-Article I
Status: in_force

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
28 V.S.A. § 751b — VT Code / Title 28 / Chapter 11 / Section 751b
§ 751b. General provisions governing offender work
Status: repealed

(a) To return value to communities, to assist victims of crime, to establish good habits of work and responsibility, to promote the vocational training of offenders, to pursue initiatives with private business to enhance offender employment opportunities, and to reduce the cost of operation of the Department of Corrections and of other State agencies, offenders may be employed in the production and delivery of goods, services, and foodstuffs to communities, to victims of crime, to correctional facilities, to other State agencies, and to other public or private entities authorized by this subchapter. To accomplish these purposes, the Commissioner may establish and maintain industries, farms, and institutional work programs at appropriate correctional facilities or other locations, plus community service work programs throughout the State.

(b) An offender shall not be required to engage in unreasonable labor or to perform any work for which he or she is declared unfit by a physician employed or retained by the Department.

(c) The Commissioner shall establish written guidelines governing the hours and conditions of offender work, and the rates of compensation of offenders for employment. Wage payments of offenders shall be set aside in a separate fund. The guidelines of the Department may provide for the making of deductions from wages of offenders to defray part or all of the cost of offender maintenance or payments to victims of crime. The guidelines may also provide for the setting aside by the Department of a portion of an offender's wages to enable the offender to contribute to the support of his or her dependents, if any, to make necessary purchases from a commissary, to purchase approved books, instruments, and instruction not supplied by a correctional facility, and to set aside sums to be paid to the offender upon release from the custody or supervision of the Commissioner. Any interest that accrues from these wages during the period of such custody of an offender shall be credited to any fund maintained by the correctional facility for the welfare of offenders.

(d) The labor, work product, or time of an offender may be sold, contracted, or hired out by the State only:

(1) To the federal government.

(2) To any state or political subdivision of a state, or to any nonprofit organization that is exempt from federal or state income taxation, subject to federal law, to the laws of the recipient state, and to the rules of the Department, provided that the Commissioner or designee may disapprove any future sales of offender produced goods or services to any nonprofit organization.

(3) To any private person or enterprise not involving the provision of the federally authorized Prison Industries Enhancement Program, provided that the Commissioner or designee shall first determine that the offender work product in question is not otherwise produced or available within the State.

(4) To charitable organizations where the offender work product is the handicraft of offenders and the Commissioner or designee has approved such sales in advance.

(5) To political subdivisions of the State, community organizations, private persons, or enterprises when the Governor has authorized the work of offenders as necessary and appropriate as a response to a civil emergency.

(e) Offender work programs managers shall seek to offset production, service, and related costs from product and service sales; however, this financial objective of offsetting the costs to the Department of servicing and supervising offender work programs shall not be pursued to the detriment of accomplishing the purposes of offender work programs set out in subsection (a) of this section or to the detriment of private businesses as safeguarded by section 761 of this title.

(f) The Department of Corrections shall, in any new initiative involving sales of offender work products, seek to use the provisions of the federally authorized Prison Industries Enhancement Program.

(g) [Repealed.]

(h) The Commissioner shall consult and collaborate with the Commissioner of Labor at least annually to seek funding and support for vocational training for offenders to help offenders achieve a successful transition from the custody of the Commissioner to private life. To the extent feasible, any vocational training program for offenders shall incorporate the professional training standards applicable to the construction and other trades, and industries, existing in the private sector.
28 V.S.A. § 1503 — VT Code / Title 28 / Chapter 25 / Section 1503
§ 1503. Prisoner's request for final disposition-Article III
Status: in_force

(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he or she shall be brought to trial within 180 days after he or she shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer's jurisdiction written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the indictment, information, or complaint: provided that for good cause shown in open court, the prisoner or his or her counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, Commissioner of Corrections, or other official having custody of him or her, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(c) The warden, Commissioner of Corrections, or other official having custody of the prisoner shall promptly inform him or her of the source and contents of any detainer lodged against him or her and shall also inform him or her of his or her right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, Commissioner of Corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner's request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner's written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and waiver of extradition to the receiving state to serve any sentence there imposed upon him or her, after completion of his or her term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his or her body in any court where his or her presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to his or her execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.
28 V.S.A. § 818 — VT Code / Title 28 / Chapter 11 / Section 818
§ 818. Earned time; reduction of term
Status: in_force

(a) On or before September 1, 2020, the Department of Corrections shall file a proposed rule pursuant to 3 V.S.A. chapter 25 implementing an earned time program to become effective on January 1, 2021. The Commissioner shall adopt rules to carry out the provisions of this section as an emergency rule and concurrently propose them as a permanent rule. The emergency rule shall be deemed to meet the standard for the adoption of emergency rules pursuant to 3 V.S.A. § 844(a).

(b) The earned time program implemented pursuant to this section shall comply with the following standards:

(1) The program shall be available for all sentenced offenders, including furloughed offenders, provided that the program shall not be available to offenders on probation or parole, to offenders eligible for a reduction of term pursuant to section 811 of this title, to offenders sentenced to serve an interrupted sentence, or to offenders sentenced to life without parole. Offenders currently serving a sentence shall be eligible to begin earning a reduction in term when the earned time program becomes effective. Notwithstanding this subdivision (1), when an offender has been convicted of a disqualifying offense, the offender's ability to participate and earn time in the program shall be determined pursuant to subdivision (5) of this subsection.

(2) Offenders shall earn a reduction of seven days in the minimum and maximum sentence for each month during which the offender:

(A) is not adjudicated of a major disciplinary rule violation; and

(B) is not reincarcerated from the community for a violation of release conditions, provided that an offender who loses a residence for a reason other than fault on the part of the offender shall not be deemed reincarcerated under this subdivision.

(3) An offender who receives post-adjudication treatment in a residential setting for a substance use disorder shall earn a reduction of one day in the minimum and maximum sentence for each day that the offender receives the inpatient treatment. While a person is in residential substance abuse treatment, he or she shall not be eligible for earned time except as provided in this subsection.

(4) The Department shall:

(A) ensure that all victims of record are notified of the earned time program at its outset and made aware of the option to receive notifications from the Department pursuant to this subdivision;

(B) provide timely notice not less frequently than every 90 days to the offender, and to any victim who opts to receive the notice, any time the offender receives a reduction in the offender's term of supervision pursuant to this section;

(C) maintain a system that documents and records all such reductions in each offender's permanent record; and

(D) record any reduction in an offender's term of supervision pursuant to this section on a monthly basis and ensure that victims who want information regarding changes in an offender's minimum release date have access to such information.

(5) Notwithstanding 1 V.S.A. § 214, an offender who was serving a sentence for a disqualifying offense on January 1, 2021 shall not earn any earned time sentence reductions under this section after the effective date of this act. This subdivision (5) shall not be construed to limit or affect earned time that an offender has earned on or before the effective date of this act.

(c) As used in this section:

(1) “Disqualifying offense” means:

(A) murder in violation of 13 V.S.A. § 2301;

(B) voluntary manslaughter in violation of 13 V.S.A. § 2304;

(C) kidnapping in violation of 13 V.S.A. § 2405;

(D) lewd and lascivious conduct with a child in violation of 13 V.S.A. § 2602, provided that the offense shall not be considered a disqualifying offense if the offender is under 18 years of age, the child is at least 12 years of age, and the conduct is consensual;

(E) sexual assault in violation of 13 V.S.A. § 3252(a) or (b);

(F) aggravated sexual assault in violation of 13 V.S.A. § 3253; or

(G) aggravated sexual assault of a child in violation of 13 V.S.A. § 3253a.

(2) “Interrupted sentence” means a sentence that is not served continuously, including a sentence to be served in intervals or a sentence to the work crew.
28 V.S.A. § 753 — VT Code / Title 28 / Chapter 11 / Section 753
§ 753. Work release program
Status: in_force

(a) The Commissioner shall have the authority to permit any inmate of any correctional facility to be gainfully employed outside the facility when the employment is determined to be in the best interests of the inmate and of the State, and when the inmate volunteers to participate in any work release program making provisions for gainful employment. Inmates may be employed by the State or by public or private employers. The rates of pay and other conditions of employment for an inmate released under this section shall be the same as those paid or required in the locality in which the work is performed.

(b) The Commissioner shall have the power and responsibility to make rules and regulations for the administration of any work release program authorized under this section.

(c) The Commissioner, before allowing any inmate to participate in a work release program, shall determine that the employment of the inmate will not cause the displacement of employed workers.

(d) A work release program may be extended to include the enrollment of an inmate in academic or vocational programs designed to improve the skills and abilities of the inmate.

(e) The time during which an inmate participates in a work release program outside a correctional facility shall be tabulated toward the serving of his or her sentence in the same manner as though the inmate had served such time at the facility. The inmate shall remain subject to the rules and regulations of the facility and be under the direction and control of the officers thereof during the period of his or her participation in the program.
28 V.S.A. § 551a — VT Code / Title 28 / Chapter 7 / Section 551a
§ 551a. Law enforcement powers of correctional officers; training requirements
Status: in_force

(a) The Commissioner of Corrections shall establish training requirements necessary for a correctional officer to be authorized to exercise the power to arrest a person on probation under section 301 of this title, to arrest a person serving supervised community sentence under section 363 of this title, or to arrest a person on parole under section 551 of this title. The required training shall include training in search and seizure, criminal law, authority to arrest, use of force, reporting and record keeping, and liability for actions and conduct.

(b) The Commissioner may also authorize and designate any correctional officer as defined in subdivision 3(10) of this title to become certified by the Vermont Criminal Justice Council as a law enforcement officer pursuant to the provisions of 20 V.S.A. chapter 151. The Commissioner and the Executive Director of the Vermont Criminal Justice Council shall develop curriculum subject to the approval of the Council. The Commissioner by Department policy may prescribe the use of those law enforcement powers consistent with the official duties and job descriptions of the correctional officer, and may direct that the correctional officer not carry any weapon while on duty. Any person hereby certified shall be sworn by the Commissioner.
28 V.S.A. § 553 — VT Code / Title 28 / Chapter 7 / Section 553
§ 553. Ineligibility for future parole
Status: in_force

An inmate who has been re-confined following parole may be reparoled by the Board. No person having been found guilty of more than two violations of parole by the commission of any offense whose maximum term of imprisonment is more than two years or life or that may be punished by death shall be eligible for future parole during the balance of his or her original sentence.
28 V.S.A. § 106 — VT Code / Title 28 / Chapter 3 / Section 106
§ 106. Systems approach to community supervision of sex offenders
Status: in_force

(a) The Department of Corrections shall establish a comprehensive systems approach to the management of sex offenders, which employs longer and more intensive community supervision of high-risk sex offenders. To accomplish this, the Department shall employ probation officers with training in the management of sex offenders sufficient to provide intensive community supervision and may use polygraph tests and prerelease and post incarceration treatment to promote rehabilitation.

(b) The Department shall create multidisciplinary case management teams, each involving as appropriate a probation or parole officer with training in supervision of sex offenders, a treatment provider, a victim's advocate, a representative of the Department for Children and Families, and a forensic polygraph examiner. These professionals shall collaborate, prioritizing community safety and the protection of former victims, and shall participate and cooperate in compliance with 13 V.S.A. § 5415 with the local special investigation unit. These teams shall address the specific treatment and supervision needs of a particular offender to enhance protection of the public, to assist that offender in reintegrating safely into the community, to support and protect known victims, and to respond to any new concerns about risk of reoffense.

(c) The Department of Corrections shall designate and train probation and parole officers in each district office to supervise sex offenders, to provide consistent and intensive case management, and to impose and enforce conditions uniquely suited to aiding the offenders' reintegration into the community. These officers shall not have a caseload of more than 45 offenders, except that a mixed caseload shall be managed pursuant to subdivision 105(d)(5) of this title.
28 V.S.A. § 4 — VT Code / Title 28 / Chapter 1 / Section 4
§ 4. Standard measure of recidivism
Status: in_force

The Department shall calculate the rate of recidivism based upon offenders who are sentenced to more than one year of incarceration who, after release from incarceration, return to prison within three years for a conviction for a new offense or a violation of supervision resulting, and the new incarceration sentence or time served on the violation is at least 90 days.
28 V.S.A. § 201 — VT Code / Title 28 / Chapter 5 / Section 201
§ 201. Definitions
Status: in_force

Whenever used in this chapter, unless a different meaning plainly is required, “probation” means a procedure under which a respondent, found guilty of a crime upon verdict or plea, is released by the court, without confinement, subject to conditions imposed by the court and subject to the supervision of the Commissioner.
28 V.S.A. § 1505 — VT Code / Title 28 / Chapter 25 / Section 1505
§ 1505. Requirements of temporary custody-Article V
Status: in_force

(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner's presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

(1) Proper identification and evidence of his or her authority to act for the state into whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his or her attendance at court and while being transported to or from any place at which his or her presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.
28 V.S.A. § 855 — VT Code / Title 28 / Chapter 11 / Section 855
§ 855. Hearing officers
Status: in_force

The Commissioner may appoint such hearing officers as are necessary to conduct administrative hearings within the Department.
28 V.S.A. § 102 — VT Code / Title 28 / Chapter 3 / Section 102
§ 102. Commissioner of Corrections; appointment; powers; responsibilities
Status: repealed

(a) The Department is under the direction of the Commissioner, who shall be appointed by the Secretary of Human Services with the approval of the Governor and shall serve at the pleasure of the Secretary. The Commissioner's salary shall be fixed by the Governor within the appropriation for that purpose.

(b) The Commissioner is charged with the following powers:

(1) To supervise the administration of the Department.

(2) To exercise supervisory power over and to establish and administer programs and policies for the operation of the correctional facilities of the Department and for the correctional treatment of persons committed to the custody of the Commissioner.

(3) To appoint and remove a Deputy Commissioner as provided in 3 V.S.A. § 3053 and delegate appropriate powers and duties to the Deputy.

(4) To appoint and remove subordinate officers of the Department in accordance with law, and, notwithstanding the provisions of any other statute or law, to delegate any authority conferred on him or her by statute to any designee named by him or her in writing.

(5) To order the assignment and transfer of persons committed to the custody of the Commissioner to correctional facilities, including out-of-state facilities.

(6) To establish, consolidate, or abolish divisions within the Department and to establish, consolidate, or abolish bureaus, special units, and other subdivisions in any division.

(7) To accept and receive, on behalf of the Department or any facility thereof, any bequest or gift of personal or real property made to the Department or any facility thereof and to hold and use the property for the purposes specified in such bequest, devise, or gift.

(8) To cooperate with and accept funds from the federal government or any agency thereof for the purpose of exercising the powers and responsibilities stated in this section.

(9) To conduct any necessary inquiry or investigation into matters related to correctional programs and responsibilities of the Department.

(10) To utilize the resources of the Department to apprehend any person escaping from a correctional facility. In performing such function, the Commissioner and any authorized employee of the Department shall have all the power and authority of a law enforcement officer.

(11) To contract for services or purchase, lease, or rent personal property to carry out the functions of the Department and to lease or rent month to month residential housing for community-based probation and parole programs. All other real property required by corrections programs shall be purchased, leased, or rented by the Commissioner of Buildings and General Services.

(12) To enter into contracts with private collection agencies for the collection of supervisory fees imposed by this title and fines, penalties, and restitution imposed under Title 13. The Commissioner may agree to pay collection agencies a fixed rate for services rendered or a percentage of the amount collected that shall be added to any amounts and may be recovered as an administrative cost of collection. Any such fixed rate or percentage may be deducted directly by the collection agency on a pro rata basis from any portion of the money so collected.

(13) To establish community reparative boards pursuant to chapter 12 of this title.

(14) To delegate to locally established boards or justice centers, the authority to assist, through use of community resources, in developing and implementing restorative justice programs for offenders, victims of crime, and members of the community.

(15) To rely upon the expertise of Department employees to provide core and substantive supervision of offenders and risk assessment determinations for the delivery of correctional services in both residential and nonresidential settings.

(16) With the approval of the Secretary of Human Services, to accept federal grants made available through federal crime bill legislation, provided that the Commissioner shall report the receipt of a grant under this subdivision to the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions.

(c) The Commissioner is charged with the following responsibilities:

(1) To make rules and regulations for the governing and treatment of persons committed to the custody of the Commissioner, the administration of correctional facilities, and the regulation of employees under the jurisdiction of the Commissioner.

(2) To establish and operate correctional diagnostic centers.

(3) To establish and maintain at each correctional facility a program of treatment designed as far as practicable to prepare and assist each inmate to assume his or her responsibilities and to participate as a citizen of the State and community.

(4) To establish facilities and develop programs to provide inmates at correctional facilities with such educational and vocational training deemed to be appropriate to the treatment of the inmates.

(5) To prescribe rules and regulations for the maintenance of discipline and control at each correctional facility.

(6) To maintain security, safety, and order at the correctional facilities and act to subdue any disorder, riot, or insurrection that may occur at any facility. The Commissioner, for such purpose, may enlist the assistance of any citizen of the State and shall have the obligation to render reasonable compensation to any person providing such assistance.

(7) To establish, maintain, and administer such regional or other community correctional facilities as are necessary for the confinement and treatment of inmates either before or after the conviction of any offense and to use the jails and lockups as provided in this title. Such facilities shall be used for the confinement of persons awaiting court disposition and the confinement of inmates serving short terms and such other inmates as may be assigned to such facilities for furloughs, work release, and other prerelease treatment.

(8) To establish in any appropriate correctional facility a system of classification of inmates, to establish a program for each inmate upon his or her commitment to the facility and to review the program of each inmate at regular intervals, and to effect necessary and desirable changes in the inmate's program of treatment.

(9) To develop and maintain research programs and collect statistical information concerning persons committed to the custody of the Commissioner, sentencing practices, and correctional treatment.

(10) To inspect at regular intervals all correctional facilities.

(11) To close any correctional facility that he or she deems inadequate.

(12) To establish training programs for new employees and to establish such in-service training programs as he or she deems advisable.

(13) [Repealed.]

(14) To collect a fee up to the amount of $30.00 per month as a supervisory fee from each person under the supervision of the Department who is on probation, furlough, pre-approved furlough, supervised community sentence, or parole. Supervisory fees collected by the Department shall be credited to a special supervision and victim restitution fund, established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, for this purpose. The Commissioner shall adopt rules governing the collection of supervisory fees, including the maximum period of time offenders are subject to supervision fees and the offender's ability to pay such fees.

(15) To lease farms or lands, with the approval of the Department of Buildings and General Services in accordance with 29 V.S.A. § 160, and to administer and manage such farms.

(16) To exercise all powers and perform all duties established in the Office of Commissioner by the Agency of Human Services and stated in 3 V.S.A. §§ 3052 and 3053.

(17) To exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities and in fulfilling the purposes and objectives of this title.

(18) To establish within the Department programs for inmates to participate in work, industry, community service, public works activities, and employment at correctional facilities.

(19) If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of a convicted and sentenced offender to the country of which the offender is a citizen or national, the Commissioner may, with the written consent of such offender obtained only after the opportunity to consult with counsel, and in accordance with the terms of the treaty, consent to the transfer or exchange of any such offender and take any other action necessary to initiate the participation of the State in the treaty.

(20) To utilize the Department of Buildings and General Services' competitive bidding practices in order to determine the most effective and cost-effective alternatives for housing inmates in any out-of-state correctional facility.

(21) The Commissioner is authorized to contract for payment processing services for receiving deposits to inmate financial accounts. The Department, directly or through a processing agent, may assess a fee for deposits to each account so long as the fee does not exceed the costs incurred.

(22) To notify local and State law enforcement officers of the following information regarding a person released from incarceration on probation, parole, or furlough and residing in the community: name; address; conditions imposed by the court, parole board, or Commissioner; and the reason for placing the person in that community.

[Subdivision (c)(23) effective until July 1, 2028.]

(23) To include the Coordinated Justice Reform Advisory Council's appropriation recommendations made pursuant to subdivision 126(c)(5) of this title in the Department's annual proposed budget for the next subsequent fiscal year for the purposes of developing the State budget required to be submitted to the General Assembly in accordance with 32 V.S.A. § 306.

(24) To provide and sustain trauma-informed family support services and programming pursuant to section 128 of this title.
28 V.S.A. § 908 — VT Code / Title 28 / Chapter 11 / Section 908
§ 908. Access to mental health services; notice
Status: in_force

The Commissioner shall ensure that notice of services available to inmates and the manner in which those services are made available to inmates is widely disseminated to staff and inmates throughout the Department.
28 V.S.A. § 105 — VT Code / Title 28 / Chapter 3 / Section 105
§ 105. Caseload capacity
Status: in_force

(a) Corrections officers designated to work exclusively with offenders in the community who are 21 years of age and younger shall have caseloads of not more than 25 youths.

(b) The Department shall review the severity of offenses and assess the risk to reoffend of all offenders older than 21 years of age under its jurisdiction in the community and assign one of the following levels of supervision to each offender:

(1) Risk management supervision, which shall mean supervision at a level of intensity that includes case planning and measures to reduce risk of reoffense.

(2) Response supervision, which shall mean monitoring of the offender's compliance with conditions of probation or parole, including staff responding to violation behavior.

(3) Administrative supervision, which shall mean monitoring of the offender's address and compliance with the law.

(c) An offender may be reassigned to a lower supervision level after a reassessment of the offender's risk.

(d) The Department shall establish the following caseload ranges for offender profiles:

(1) All listed offenders requiring risk management shall be supervised at not more than 45 offenders per corrections officer.

(2) All nonlisted offenders requiring risk management shall be supervised at not more than 60 offenders per corrections officer.

(3) All offenders requiring response supervision shall be supervised at not more than 150 offenders per corrections officer.

(4) All offenders requiring administrative supervision may be supervised on caseloads consistent with the capacity of automated status reporting systems as established by the Department.

(5) When there is a mixed profile caseload in which a single corrections officer supervises offenders with different supervision levels and at least one-third of the offenders require a more intensive supervision demand than the other offenders, the caseload shall be supervised at the lowest level of offender-to-staff ratio.

(e) If the caseloads established in subsection (d) of this section are exceeded for longer than 120 days, the Commissioner shall be authorized to designate community correctional officers to partially augment staffing caseloads. If such designation does not remedy the excess caseloads:

(1) The Commissioner shall report to the Joint Legislative Justice Oversight Committee the causes for the excess and proposals for addressing them.

(2) The Department shall have the authority, if the Commissioner believes that the excess will not be eliminated within 60 days, to hire persons from the positions drawn from the State's vacancy pool as limited service employees for an initial period of up to one year. The initial period may be extended for up to two more years if the Department deems it necessary.

(f) Each time a position is established under subdivision (e)(2) of this section, the Commissioner shall report it at the next meeting of the Joint Corrections Oversight Committee. The costs for each position shall be presented in the Department's budget adjustment proposal and, if the positions are necessary for an ongoing period, in the Department's annual budget request.
28 V.S.A. § 1604 — VT Code / Title 28 / Chapter 27 / Section 1604
§ 1604. Procedures and rights-Article IV
Status: in_force

(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his or her status changed on account of any action or proceeding in which he or she could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
28 V.S.A. § 1606 — VT Code / Title 28 / Chapter 27 / Section 1606
§ 1606. Federal aid-Article VI
Status: in_force

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
28 V.S.A. § 805 — VT Code / Title 28 / Chapter 11 / Section 805
§ 805. Counsel for an inmate confined during the pendency of prosecution
Status: in_force

When a person is confined to a correctional facility during the pendency of a prosecution against him or her, such inmate shall be allowed conference with his or her counsel of record, which conferences may be held in the presence but not in the hearing of an officer or employee of the correctional facility.
28 V.S.A. § 1506 — VT Code / Title 28 / Chapter 25 / Section 1506
§ 1506. Limitations-Article VI
Status: in_force

(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.
28 V.S.A. § 1605 — VT Code / Title 28 / Chapter 27 / Section 1605
§ 1605. Acts not reviewable in receiving state: extradition-Article V
Status: in_force

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
28 V.S.A. § 1401 — VT Code / Title 28 / Chapter 23 / Section 1401
§ 1401. Purpose and policy-Article I
Status: in_force

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.
28 V.S.A. § 205 — VT Code / Title 28 / Chapter 5 / Section 205
§ 205. Probation
Status: repealed

(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 of court.

(2) 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.

(3)(A) The term of probation for nonviolent felonies shall not exceed four years or the statutory maximum term of imprisonment for the offense, whichever is less, unless the court, in its sole discretion, specifically finds that the interests of justice require a longer or an indefinite period of probation.

(B) As used in this subdivision, “nonviolent felonies” means an offense that is not:

(i) a listed crime as defined in 13 V.S.A. § 5301(7); or

(ii) an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64.

(4) 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.

(5) 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.

(b)(1) At or before the sentencing hearing, the prosecutor's office shall inform the victim of the midpoint review process for probationers, and that the defendant may be eligible for early discharge from probation pursuant to sections 251 and 252 of this title.

(2) The victim of a listed crime as defined in 13 V.S.A. § 5301(7) for which the offender has been placed on probation shall have the right to request and receive from the Department of Corrections information regarding the offender's general compliance with the specific conditions of probation. Nothing in this section shall require the Department of Corrections to disclose any confidential information revealed by the offender in connection with participation in a treatment program.

(c)(1) Unless the court in its discretion finds that the interests of justice require additional standard and special conditions of probation, when the court orders a specific term of probation for a qualifying offense, the offender shall be placed on administrative probation, which means that the only conditions of probation shall be that the probationer:

(A) register with the Department of Corrections' probation and parole office in his or her district;

(B) notify the probation officer of his or her current address each month;

(C) within 72 hours, notify the Department of Corrections if probable cause is found for a criminal offense during the term of probation; and

(D) not be convicted of a criminal offense during the term of probation.

(2) As used in this subsection, “qualifying offense” means:

(A) Unlawful mischief under 13 V.S.A. § 3701.

(B) Retail theft under 13 V.S.A. §§ 2575 and 2577.

(C) Operating after suspension or revocation of license under 23 V.S.A. § 674(a).

(D) Bad checks under 13 V.S.A. § 2022.

(E) Theft of services under 13 V.S.A. § 2582.

(F) Disorderly conduct under 13 V.S.A. § 1026, unless the original charge was a listed offense as defined in 13 V.S.A. § 5301(7).

(G) Theft of rented property under 13 V.S.A. § 2591.

(H) Operation without consent of owner under 23 V.S.A. § 1094(a).

(I) Petit larceny under 13 V.S.A. § 2502.

(J) Negligent operation of a motor vehicle under 23 V.S.A. § 1091(a).

(K) False reports to law enforcement under 13 V.S.A. § 1754.

(L) Setting fires under 13 V.S.A. § 508.

(M) [Repealed.]

(N) Simple assault by mutual consent under 13 V.S.A. § 1023(b) unless the original charge was a listed offense as defined in 13 V.S.A. § 5301(7).

(O) Unlawful trespass under 13 V.S.A. § 3705(a).

(P) A first offense of possession under 18 V.S.A. § 4230(a)(1).

(3) Nothing in this subsection shall prohibit a court from requiring participation in the Restorative Justice Program established in chapter 12 of this title.
28 V.S.A. § 723 — VT Code / Title 28 / Chapter 11 / Section 723
§ 723. Community supervision furlough
Status: in_force

(a) The Department may release from a correctional facility to participate in a reentry program while serving the remaining sentence in the community a person who:

(1) has served the minimum term of the person's total effective sentence;

(2) is ineligible for or refuses presumptive parole pursuant to section 501a of this title or has been returned or revoked to prison for a violation of conditions of parole, furlough, or probation; and

(3) agrees to comply with such conditions of supervision the Department, in its sole discretion, deems appropriate for that person's furlough.

(b) The offender's continued supervision in the community is conditioned on the offender's commitment to and satisfactory progress in his or her reentry program and on the offender's compliance with any terms and conditions identified by the Department.

(c) Prior to release under this section, the Department shall screen and, if appropriate, assess each felony drug and property offender for substance abuse treatment needs using an assessment tool designed to assess the suitability of a broad range of treatment services, and it shall use the results of this assessment in preparing a reentry plan. The Department shall attempt to identify all necessary services in the reentry plan and work with the offender to make connections to necessary services prior to release so that the offender can begin receiving services immediately upon release.
28 V.S.A. § 1354 — VT Code / Title 28 / Chapter 22 / Section 1354
§ 1354. Article IV; The State Council
Status: in_force

(a) The Vermont State Council for Interstate Adult Offender Supervision is created. The State Council shall consist of six members:

(1) one member of the House of Representatives, who shall be appointed by the Speaker, and one member of the Senate, who shall be appointed by the Committee on Committees;

(2) one representative of the Judicial Branch appointed by the Chief Justice of the Supreme Court;

(3) one representative of the Executive Branch appointed by the Governor;

(4) one representative of a victims group appointed by the Governor; and

(5) one individual who in addition to serving as a member of the Council shall serve as the Compact Administrator for this State, appointed by the Governor after consultation with the General Assembly and the Supreme Court.

(b) The State Council shall appoint the Compact Administrator as the Vermont commissioner to the Interstate Commission. The Vermont commissioner shall serve on the Interstate Commission in such capacity under or pursuant to applicable law of this State.

(c) The State Council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by the State Council, including development of policy concerning operations and procedures of the compact within this State.
28 V.S.A. § 704 — VT Code / Title 28 / Chapter 11 / Section 704
§ 704. Disposition when person recovers
Status: in_force

When the Commissioner of Mental Health determines that a person whose sentence has not expired no longer requires to be under the supervision of the Department of Mental Health, the Commissioner shall return the person to the custody of the Commissioner in accordance with 18 V.S.A. chapter 189.
28 V.S.A. § 373 — VT Code / Title 28 / Chapter 6 / Section 373
§ 373. Review of revocation
Status: in_force

(a) An offender may seek review of the Board's decision to revoke or impose other disposition in the Criminal Division of the Superior Court. The review shall be in the nature of a petition for review under Rule 75 of the Vermont Rules of Civil Procedure and is limited to whether an offender's rights protected by the Vermont or U.S. Constitution have been violated and whether the requirements of section 365 of this title have been complied with.

(b) Return of the offender to a correctional facility or other appropriate disposition ordered by the Board shall not be stayed pending review by the original sentencing court.
28 V.S.A. § 252 — VT Code / Title 28 / Chapter 5 / Section 252
§ 252. Conditions of probation and midpoint review
Status: in_force

(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 shall provide as an explicit condition of every sentence to probation that if the offender is convicted of another offense during the period for which the sentence remains subject to revocation, then the court may impose revocation of the offender's probation.

(b) Probation conditions. When imposing a sentence of probation, the court may, as a condition of probation, require that the offender:

(1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the offender for suitable employment.

(2) Work faithfully for a prescribed number of hours at community service activity acceptable to the court, or if so ordered by the court, acceptable to a probation officer.

(3) Undergo available medical or psychiatric treatment and remain at a specified institution if required for that purpose.

(4) Attend or reside at a facility established for the instruction, recreation, or residence of persons on probation.

(5) Support the offender's dependents and meet other family responsibilities.

(6) Make restitution or reparation to the victim of his or her conduct, or to the Victims' Compensation Fund to the extent it has made payment to or on behalf of the victim in accordance with 13 V.S.A. chapter 167, for the damage or injury that was sustained. When restitution or reparation is a condition of the sentence, the court, in accordance with 13 V.S.A. § 7043, shall fix the amount thereof, which shall not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance.

(7) Pay a fine authorized in accordance with law.

(8) Refrain from purchasing or possessing a firearm or ammunition therefor, destructive device, or other dangerous weapon unless granted written permission by the court or probation officer.

(9) Report to a probation officer at reasonable times as directed by the court or the probation officer.

(10) Permit the probation officer to visit the offender at reasonable times at his or her home or elsewhere.

(11) Remain within the jurisdiction of the court, unless granted permission to leave by the court or the probation officer.

(12) Answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment.

(13) Not in any way harass the victim or the family of the victim.

(14) Not contact the victim, unless this condition is specifically waived by the victim.

(15) Participate in the Restorative Justice Program conducted by a community reparative board, pursuant to chapter 12 of this title. The court may direct a reparative board to assist in determining restitution to the victim, as provided by subdivision (6) of this subsection.

(16) Submit to periodic polygraph testing if the offender is being placed on probation for a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3.

(17) If the probation officer has reasonable grounds to believe the offender has violated a probation condition, permit a probation officer or designee to monitor or examine the offender's activities, communications, and use of any computer or other digital or electronic media, including cell phone, smartphone, digital camera, digital video camera, digital music player or recorder, digital video player or recorder, personal digital assistant, portable electronic storage device, gaming system, or any other contemporary device capable of the storage of digital electronic communication or data storage or access to the internet or other computer or digital network.

(18) Satisfy any other conditions reasonably related to his or her rehabilitation. Such conditions may include prohibiting the use of alcohol, prohibiting having contact with minors, prohibiting or limiting the use of a computer or other electronic devices, and permitting a probation officer access to all computers or other digital or electronic media, mail covers, subscription services, and credit card statements. The court shall not impose a condition prohibiting the offender from engaging in any legal behavior unless the condition is reasonably related to the offender's rehabilitation or necessary to reduce risk to public safety.

(c) Certificate. When an offender is placed on probation, he or she shall be given a certificate explicitly setting forth the conditions upon which he or she is being released.

(d) Review and recommendation for discharge.

(1) The Commissioner shall review the record of each probationer serving a specified term during the month prior to the midpoint of that probationer's specified term and shall file a motion requesting the sentencing court to dismiss the probationer from probation if the offender:

(A) has not been found by the court to have violated the conditions of probation in the six months prior to the review;

(B) is not serving a sentence for committing a crime specified in 13 V.S.A. chapter 19, subchapters 6 and 7; 13 V.S.A. chapter 72, subchapter 1; or 13 V.S.A. § 2602; and

(C) has completed those rehabilitative or risk reduction services required as a condition of probation that have a duration that is set and knowable at the outset of probation.

(2) If the probationer does not meet the criteria set forth in subdivision (1) of this subsection, the Commissioner shall file a motion requesting the sentencing court to discharge the probation term once the probationer meets the criteria set forth in subdivision (1) of this subsection.

(3) If a probationer meets the criteria set forth in subdivision (1) of this subsection and is subject to a pending criminal charge or violation of probation complaint, the Commissioner may file a motion requesting the sentencing court to dismiss the probationer from probation pursuant to this subsection. The motion shall identify the pending criminal charge or probation violation. After any pending criminal charges and probation violations are resolved, and if the probationer still meets the criteria set forth in subdivision (1) of this subsection, the Commissioner shall file the motion requesting the sentencing court to dismiss the probationer from probation.

(4) The prosecutor shall make a reasonable effort to notify any victim of record of a motion filed to reduce a probationer's term pursuant to this subsection. “Reasonable effort” means attempting to contact the victim by first-class mail at the victim's last known address and by telephone at the victim's last known phone number.

(5) Notwithstanding 1 V.S.A. § 214, and notwithstanding the requirement in subdivision (1) of this subsection that the Commissioner review the probationer's record during the month prior to the midpoint of that probationer's specified term, this subsection shall apply retroactively to any probationer serving a specified term of probation. If the probationer has already reached the midpoint of that probationer's specified term on or before the effective date of this act, the Commissioner shall review the probationer's record as soon as possible for purposes of filing a motion pursuant to this section.
28 V.S.A. § 204a — VT Code / Title 28 / Chapter 5 / Section 204a
§ 204a. Sex offenders; presentence investigations; risk assessments; psychosexual evaluations
Status: in_force

(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 lascivious conduct with a child in violation of 13 V.S.A. § 2602;

(3) sexual assault in violation of 13 V.S.A. § 3252;

(4) aggravated sexual assault in violation of 13 V.S.A. § 3253;

(5) aggravated sexual assault of a child in violation of 13 V.S.A. § 3253a;

(6) kidnapping with intent to commit sexual assault in violation of 13 V.S.A. § 2405(a)(1)(D); or

(7) an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64.

(b) A presentence investigation required by this section:

(1) Shall include an assessment of the offender's risk of reoffense and a determination of whether the person is a high-risk offender.

(2) Shall include a psychosexual evaluation if so ordered by the court.

(3) Shall include information regarding the offender's records maintained by the Department for Children and Families in the Child Protection Registry pursuant to 33 V.S.A. § 4916 if the offender was previously substantiated for child abuse or neglect.

(4) Shall include information, if any, regarding any deferred sentences received by the offender for a registrable sex offense in accordance with 13 V.S.A. § 7041(h).

(5) Shall be completed before the defendant is sentenced. Upon completion, the Department shall submit copies of the presentence investigation to the court, the State's Attorney, the defendant's attorney, and the Department for Children and Families. Copies of a presentence investigation authorized by this subdivision shall remain privileged and are not subject to public inspection.

(c)(1) The Department of Corrections shall prepare a recommendation for programming and treatment for all persons for whom a presentence investigation is required under subsection (a) of this section. The Department shall consider the information contained in the presentence investigation when recommending the programming and treatment appropriate for the offender.

(2) The recommendation required by this subdivision shall address the issue of the availability of appropriate treatment programs within correctional facilities and on an outpatient basis in the community, including recommendation as to the defendant's eligibility for such treatment programs, and shall include a statement of the relevant policies of the Department of Corrections regarding parole recommendations for the offense of which the offender was convicted.

(3)(A) The court may order the Department to provide a report including:

(i) the minimum and maximum sentences necessary to permit admission of the offender to any of the available treatment programs; and

(ii) the results of a preassessment of the offender.

(B) A preassessment under this subdivision shall consist of:

(i) an interview with the defendant;

(ii) an assessment of the offender's risk level;

(iii) completion of testing and any other steps necessary to make an appropriate programming decision for the defendant;

(iv) identification of the treatment program within a correctional facility to which the offender will be referred based on the information available at the time of sentencing, provided the defendant agrees to treatment and is sentenced to a term which permits participation in the program.

(C)(i) Except as provided in subdivision (ii) of this subdivision (C), the Department shall provide a report to the court under this subdivision within 60 days after it is ordered.

(ii) If the Department requires a psychosexual evaluation in order to determine whether the offender will be admitted into any of the available treatment programs, the Department shall complete the evaluation and provide it to the court along with its report within 90 days after the report is ordered.

(d) The requirement that a presentence investigation be performed pursuant to subsection (a) of this section shall not be interpreted to prohibit the performance of a presentence investigation, psychosexual evaluation, or risk assessment at any other time during the proceeding, including prior to the entry of a plea agreement or prior to sentencing for a violation of probation.

(e) Nothing in this section shall be construed to infringe in any manner upon the Department's authority to make decisions about programming for defendants or to create a right on the part of the offender to receive treatment in a particular program.
28 V.S.A. § 121 — VT Code / Title 28 / Chapter 3 / Section 121
§ 121. Community High School of Vermont Board
Status: in_force

(a) A board is established for the purpose of advising the Director of Corrections Education when serving as the Superintendent of the Community High School of Vermont, the independent school established in section 120 of this title. The Board shall have supervision over policy formation for the Community High School of Vermont, except as otherwise provided, shall recommend school policy to the Director of Corrections Education, may create a structure for local advisory boards as it deems appropriate, and shall perform such other duties as requested from time to time by the Secretary of Education or Commissioner of Corrections.

(b) The Board shall consist of nine members, each appointed by the Governor for a three-year term subject to the advice and consent of the Senate, in such a manner that not more than three terms shall expire annually, as follows:

(1) Six representatives selected to ensure geographic representation throughout the State.

(2) Three members-at-large.

(c) The Board shall appoint a Chair and Vice Chair, each of whom shall serve for one year or until a successor is appointed by the Board.

(d) The Board shall report on its activities annually to the State Board of Education, the Secretary of Human Services, and the Commissioner of Corrections.

(e) The Commissioner shall consult with the Board prior to appointing the Director of Corrections Education.
28 V.S.A. § 1356 — VT Code / Title 28 / Chapter 22 / Section 1356
§ 1356. Article VI; Organization and operation of the Interstate Commission
Status: in_force

(a) Bylaws. The Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of this compact, including, but not limited to:

(1) establishing the fiscal year of the Interstate Commission;

(2) establishing an executive committee and such other committees as may be necessary;

(3) providing reasonable standards and procedures:

(A) for the establishment of committees; and

(B) governing any general or specific delegation of any authority or function of the Interstate Commission;

(4) providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

(5) establishing the titles and responsibilities of the officers of the Interstate Commission;

(6) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission; which notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission;

(7) providing a mechanism for terminating the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;

(8) providing transition rules for start up administration of the compact;

(9) establishing standards and procedures for compliance and technical assistance in carrying out the compact.

(b) Officers and staff.

(1) The Interstate Commission shall, by a majority of the members, elect from among its members a chair and a vice chair, each of whom shall have such authorities and duties as may be specified in the bylaws. The chair or, in his or her absence or disability, the vice chair, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

(2) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

(c) Corporate records of the Interstate Commission. The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.

(d) Qualified immunity; defense and indemnification. The members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission's representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of such person. The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgement obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
28 V.S.A. § 101 — VT Code / Title 28 / Chapter 3 / Section 101
§ 101. Powers of the Department
Status: in_force

The Department is charged with the following powers:

(1) to establish, maintain, and administer such State correctional facilities and programs as may be required for the custody, control, correctional treatment, and rehabilitation of committed persons, and for the safekeeping of such other persons as may be committed to the Department in accordance with law;

(2) to operate diagnostic and treatment programs and such other programs deemed desirable to treat persons committed to the Department and to further other purposes and objectives of this title;

(3) to administer the supervision of persons placed on probation and released on parole and to administer probation and parole services;

(4) to employ such officers, employees and agents as deemed necessary to discharge the functions of the Department;

(5) to establish standards for the management, operation, personnel, and program of all correctional facilities in the State;

(6) to act in an advisory capacity in assisting law enforcement agencies, and communities in the prevention of crime and delinquency;

(7) to enforce and administer such other laws as may be vested in the Department;

(8) to enter into agreements for assistance in support of the operation of jails or lockups in accordance with criteria established by the Department, and to use the jails or lockups as provided in this title;

(9) notwithstanding any other provision of law, the State and the Department shall not be responsible for the expense of detaining a person in custody except as provided in this title;

(10) to charter, establish, and fund through grants such municipal entities or nonprofit organizations as may be required for providing crime prevention and restorative justice programs for offenders, victims of crime, and the public.
28 V.S.A. § 851 — VT Code / Title 28 / Chapter 11 / Section 851
§ 851. General provisions
Status: in_force

The supervising officer of each facility shall be responsible for the discipline, control, and safe custody of the inmates therein. No inmate shall be punished except under the order of the officer or of a deputy designated by him or her for the purpose, nor shall any punishment be imposed otherwise than in accordance with the provisions of this subchapter.
28 V.S.A. § 505 — VT Code / Title 28 / Chapter 7 / Section 505
§ 505. Cooperation of correctional facility officials
Status: in_force

(a) The Board shall adopt rules regarding and shall direct, control, and supervise the administration of a system of paroles from any appropriate correctional facility.

(b) Officials in charge of correctional facilities shall give to the Board, or its properly accredited representatives, access at all reasonable times to any inmate over whom the Board has jurisdiction under this chapter and provide the Board or its representatives facilities for communicating with and observing the inmate, and furnish to the Board such documents as the Board may require concerning the conduct and character of any inmate in their custody and any other facts considered by the Board pertinent in determining whether the inmate shall be paroled.
28 V.S.A. § 502c — VT Code / Title 28 / Chapter 7 / Section 502c
§ 502c. Parole agreement
Status: in_force

(a) When an inmate is paroled, the Parole Board shall issue a parole agreement, which shall set forth the name of the inmate paroled, the crime the inmate was convicted of, the date and place of trial, the sentence, and the terms and conditions of the parole. A copy of the parole agreement shall be furnished to the parolee and the Commissioner.

(b) The parole agreement shall not become effective until it is signed by the inmate. The Parole Board may withdraw the granting of parole at any time before the parole agreement is signed by the inmate. After the parole agreement is signed by the parolee, parole can only be revoked in accordance with subchapter 4 of this chapter.

(c) A copy of the parole agreement shall be full authority for the Commissioner to exercise all supervision and control over the parolee prescribed by law, and shall be sufficient warrant for the detention of the parolee as provided in subdivision 403(2) of this title.
28 V.S.A. § 1358 — VT Code / Title 28 / Chapter 22 / Section 1358
§ 1358. Article VIII; Rulemaking functions of the Interstate Commission
Status: repealed

(a) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. app. 2, section 1 et seq., as may be amended (hereinafter referred to as APA). All rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

(c) When promulgating a rule, the Interstate Commission shall:

(1) publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;

(2) allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available;

(3) provide an opportunity for an informal hearing; and

(4) promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.

(d) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such rule. If the court finds that the Interstate Commission's action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.

(e) Subjects to be addressed within 12 months after the first meeting shall, at a minimum, include:

(1) notice to victims and opportunity to be heard;

(2) offender registration and compliance;

(3) violations or returns;

(4) transfer procedures and forms;

(5) eligibility for transfer;

(6) collection of restitution and fees from offenders;

(7) the level of supervision to be provided by the receiving state;

(8) transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact;

(9) mediation, arbitration and dispute resolution.

(f) The existing rules governing the operation of the repealed previous compact superseded by this compact shall be null and void twelve (12) months after the first meeting of the Interstate Commission created hereunder.

(g) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.
28 V.S.A. § 852 — VT Code / Title 28 / Chapter 11 / Section 852
§ 852. Disciplinary committee; hearing
Status: in_force

(a) The supervising officer of each facility shall appoint a disciplinary committee where appropriate from among the staff of the facility. The supervising officer may designate himself or herself or a subordinate as chair of the committee. The Commissioner may designate a hearing officer to hear evidence and make findings of fact and recommendations to the committee.

(b) In disciplinary cases, which may involve the imposition of disciplinary segregation or the loss of good time, the disciplinary committee or a designated hearing officer shall conduct a fact-finding hearing pursuant to the following procedure:

(1) Notice of the charge and of the hearing shall be given to the inmate so charged.

(2) The inmate shall have an opportunity subject to reasonable rules to confront the person bringing the charge.

(3) The inmate shall be entitled to be present and be heard at the hearing subject to reasonable rules of conduct.

(4) The committee or hearing officer shall summon to testify any available witness or other persons with relevant knowledge of the incident subject to reasonable rules. The inmate charged may be permitted to question any person so summoned.

(5) The inmate charged may be assisted upon request in the preparation and presentation of his or her case by an assigned employee of the facility if the supervising officer determines, in his or her discretion, that the requested employee is reasonably available.

(c) If the charge against the inmate is sustained, the disciplinary committee may impose appropriate punishment, which shall be reviewed in every case by the supervising officer.
28 V.S.A. § 1003 — VT Code / Title 28 / Chapter 13 / Section 1003
§ 1003. Commitments
Status: in_force

When process is delivered to an officer to serve, requiring the officer to commit a person to jail to await examination or trial before a Superior Court, if the order for commitment was made within the limits of a town, incorporated village, or a county maintaining a lockup, that person may be committed for not more than 72 hours, unless the time is extended by court order, to the lockup and be subject to the restraints and entitled to the privileges provided by law for persons confined in a correctional facility. A person under 18 years of age charged or convicted of a misdemeanor may not be detained in a lockup used to house inmates over 18 years of age, except as provided in 33 V.S.A. § 5293.
28 V.S.A. § 1501 — VT Code / Title 28 / Chapter 25 / Section 1501
§ 1501. Purpose and policy-Article I
Status: in_force

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.
28 V.S.A. § 758 — VT Code / Title 28 / Chapter 11 / Section 758
§ 758. Release from a correctional facility to do work in the service of such facility or of the Department
Status: in_force

The supervising officer of any correctional facility may permit an inmate to leave the facility for the purpose of performing maintenance work or farm work, or any other work necessary, or appropriate for the maintenance, operations, or business of the facility or of the Department.
28 V.S.A. § 1363 — VT Code / Title 28 / Chapter 22 / Section 1363
§ 1363. Article XIII; Severability and construction
Status: in_force

The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. The provisions of this compact shall be liberally constructed to effectuate its purposes.
28 V.S.A. § 1002 — VT Code / Title 28 / Chapter 13 / Section 1002
§ 1002. Jailer; appointment; removal
Status: in_force

The selectboard of a town or the trustees of an incorporated village may appoint a jailer of the lockup and may remove him or her at pleasure. The appointment or removal shall be in writing and recorded in the office of the town or village clerk.
28 V.S.A. § 301 — VT Code / Title 28 / Chapter 5 / Section 301
§ 301. Summons or arrest of probationer
Status: in_force

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) Arrest or citation of person on probation. Any correctional officer may arrest a probationer without a warrant if, in the judgment of the correctional officer, the probationer has violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution; or may deputize any other law enforcement officer to arrest a probationer without a warrant by giving him or her a written statement setting forth that the probationer has, in the judgment of the correctional officer, violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution. The written statement delivered with the person by the arresting officer to the supervising officer of the correctional facility to which the person is brought for detention shall be sufficient warrant for detaining him or her. In lieu of arrest, a correctional officer may issue a probationer a citation to appear for arraignment. In deciding whether to arrest or issue a citation, an officer shall consider whether issuance of a citation will reasonably ensure the probationer's appearance at future proceedings and reasonably protect the public.

(3) No right of action. Any probationer arrested and detained in accordance with the provisions of this chapter shall have no right of action against any law enforcement officer, correctional officer, employee of the Department of Corrections, or any other persons because of such arrest and detention.

(4) Detention pending hearing for probationer. Pending arraignment for any charge of violation, the probationer shall be detained at a correctional facility unless issued a citation by a correctional officer. Thereafter, the court may release the probationer pursuant to 13 V.S.A. § 7554. There shall be no right to bail or release, unless the person is on probation for a nonviolent misdemeanor or nonviolent felony.

(5) Release of certain persons on probation for nonviolent offenses. (A) At arraignment, if the court finds that bail or conditions of release will reasonably ensure the probationer's appearance at future proceedings and conditions of release will reasonably protect the public, the court shall release a probationer who is on probation for a nonviolent misdemeanor or nonviolent felony pursuant to 13 V.S.A. § 7554.

(B) As used in this section:

(i) “Nonviolent felony” means a felony offense that is not a listed crime as defined in 13 V.S.A. § 5301(7) or an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64.

(ii) “Nonviolent misdemeanor” means a misdemeanor offense that is not a listed crime as defined in 13 V.S.A. § 5301(7) or an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64 or 13 V.S.A. § 1030.
28 V.S.A. § 703 — VT Code / Title 28 / Chapter 11 / Section 703
§ 703. Transfer to the Department of Mental Health
Status: in_force

(a) If it becomes necessary to transfer a person who is under the supervision of the Department of Mental Health, the transfer shall be accomplished in accordance with the provisions of part 8 of Title 18.

(b) When a person is so transferred, he or she shall be subject to the supervision of the Commissioner of Mental Health except that the time during which the person is in the custody of the Commissioner of Mental Health shall be computed as part of the term for which he or she was sentenced. He or she shall continue to be eligible for good behavior reductions pursuant to section 811 of this title, and he or she shall continue to be eligible for parole pursuant to chapter 7 of this title.
28 V.S.A. § 200 — VT Code / Title 28 / Chapter 5 / Section 200
§ 200. Purpose of probation
Status: in_force

It is the policy of this State that the purpose of probation is to rehabilitate offenders, reduce the risk that they will commit a subsequent offense, and protect the safety of the victim and the community.
28 V.S.A. § 305 — VT Code / Title 28 / Chapter 5 / Section 305
§ 305. Duration of alternative sentence
Status: in_force

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 taken into account in determining the expiration of the alternative sentence the same as though paid after commitment.
28 V.S.A. § 125 — VT Code / Title 28 / Chapter 3 / Section 125
§ 125. Repealed. 2023, No. 40, § 4(b), eff. July 1, 2028.
Status: in_force

(a) Intent. It is the intent of the General Assembly that the report on Vermont's criminal justice investments and trends required under this section assist in the systemic assessment of the State's Justice Reinvestment and justice reform efforts and initiatives to inform future legislative policy and fiscal decisions.

(b) Definitions. As used in this section:

(1) “Arrest” means when a person is seized by law enforcement, charged with the commission of an offense, and referred for prosecution.

(2) “Clearance” means the process by which a law enforcement agency closes an offense by arrest or exceptional means in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting Program.

(3) “Desistance” means the process by which criminality, or the individual risk for antisocial conduct, declines over the life-course of the individual, generally after adolescence.

(4) “Exceptional means” means the death of the offender, the victim's refusal to cooperate with the prosecution after the offender is identified, the denial of extradition because the offender committed a crime in another jurisdiction and is being prosecuted for that offense, or other circumstance in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting Program.

(5) “Recidivism” has the same meaning as in section 4 of this title.

(c) Report.

(1) On November 15, 2024 and every three years thereafter, the Vermont Statistical Analysis Center (SAC), in consultation with the Commissioners of Corrections, of Health, of Mental Health, of Public Safety, of Labor, and for Children and Families; the Attorney General; the Defender General; the Chief Superior Judge of the Superior Court; the Division of Racial Justice Statistics; the Executive Director of the Department of State's Attorneys and Sheriffs; and the Parole Board Director, shall submit a report to the House Committees on Appropriations, on Judiciary, and on Corrections and Institutions, the Senate Committees on Appropriations and on Judiciary, the Joint Legislative Justice Oversight Committee, and the Executive Director of the Office of Racial Equity examining the trends associated with Vermont's criminal justice-related investments and expenditures since the last report was submitted pursuant to this section.

(2) The report required pursuant to subdivision (1) of this subsection shall include data showing:

(A) recidivism rates;

(B) clearance rates;

(C) evidence of desistance, including successful completion of community supervision;

(D) returns to incarceration from community supervision with the following relevant data points:

(i) community supervision type, classified by probation, parole, and furlough;

(ii) an indication if a return was for a violation or a new charge, including the crime type;

(iii) an indication if a violation was classified as “significant/not violent” or “significant and violent” for any applicable statuses; and

(iv) all available demographic information;

(E) bail rates, including detainees held without bail, detainees held with bail and the associated monetary amounts, and bailees who post bail and are released;

(F) pretrial detainees held in Vermont correctional facilities, including the crime type and jurisdiction for which they are held;

(G) the funding for, and utilization of, substance use disorder treatment, mental health, educational, and vocational initiatives for incarcerated individuals; and

(H) the funding for, and utilization by, individuals served through Justice Reinvestment II and related initiatives, including:

(i) domestic violence intervention programming in the Department of Corrections, including the results from the evaluation framework between the Vermont Network Against Domestic and Sexual Violence and the University of Nebraska;

(ii) offender transitional housing capacity with the Department of Corrections and other departments;

(iii) advancements to the Department of Corrections' data collection Offender Management System;

(iv) agencies, departments, municipalities, programs, and services employing restorative justice principles, including community justice centers;

(v) other General Fund expenditures for Justice Reinvestment II initiatives;

(vi) the Department of Corrections' out-of-state beds contracted by the Department and the average cost per bed in fiscal year 2019 and for each fiscal year thereafter; and

(vii) the Department of Corrections' in-state beds, separated by gender, including specialty units and units closed or unavailable in fiscal year 2019 and for each fiscal year thereafter.

(d) Informational availability.

(1) The information required pursuant to subsection (c) of this section shall include race, gender, age, and other demographic variables whenever possible.

(2) The report required pursuant to subsection (c) of this section shall explain any obstacles or impediments to the availability and collectability of data required pursuant to this section, including whether collecting certain data would put particular populations at risk, along with the substance use and mental health needs and educational and vocational status of justice-involved individuals.

(e) Data sharing. Notwithstanding any provision of law to the contrary, all State and local agencies and departments that possess the data necessary to compile the report required pursuant to this section shall, upon request, provide SAC with any data that it determines is relevant to the report. The obligation to disclose shall supersede any other legal obligation with respect to the data required pursuant to this section, and a department, agency, or other entity shall not decline to disclose data required based on any other purported legal obligation.

(f) Confidentiality. Any data or records transmitted to or obtained by SAC are exempt from public inspection and copying under the Public Records Act and shall be confidential to the extent required by law unless and until the data or records are included in the report required by this section. A State or local agency or department that transmits data or records to SAC shall be the sole records custodian for purposes of responding to requests for the data or records. SAC may direct any request for these data or records to the transmitting agency or department for response.
28 V.S.A. § 810 — VT Code / Title 28 / Chapter 11 / Section 810
§ 810. Conditional pardon; breach
Status: in_force

(a) In his or her discretion, the Governor may grant a pardon for offenses against the State upon the conditions as he or she judges proper. Until a person to whom a conditional pardon is granted is excused from the performance of the conditions thereof, the Governor shall have all the authority, rights, and powers over and in relation to the person which he or she would have if he or she were surety in the case upon the recognizance of the person before conviction, and he or she shall be the sole and exclusive judge as to whether the conditions of the pardon have been violated. If, in the judgment of the Governor, the conditions have been violated, he or she may cause the person to be apprehended and returned to his or her former condition of custody that execution of sentence may be complied with.

(b) Whenever a person is conditionally pardoned, the Commissioner shall be furnished with a copy of the conditional pardon signed by the Governor, setting forth the name of the person, the nature of the crime of which he or she was convicted, the date and place of trial and sentence, and the terms of the conditional pardon. Such copy of the conditional pardon shall be full authority for the exercise by the Commissioner of all rights and powers over and in relation to the person prescribed by law and the order of the Governor and shall be a sufficient warrant for the detention of the person as provided in subsection (c) of this section.

(c) The Commissioner may detain for safekeeping at a correctional facility any person who has allegedly violated the terms of his or her conditional pardon as ordered by the Governor, pending a conference with the advisory Parole Board at its next regularly scheduled meeting, or the Governor, such period of detention not to exceed 30 days. The nature of the alleged violation shall be considered by the advisory Parole Board and recommendation made to the Governor.
28 V.S.A. § 701a — VT Code / Title 28 / Chapter 11 / Section 701a
§ 701a. Segregation of inmates with a serious functional impairment
Status: in_force

(a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding the classification, treatment, and segregation of an inmate with a serious functional impairment as defined and identified under subchapter 6 of this chapter; provided that the length of stay in segregation for an inmate with a serious functional impairment:

(1) shall not exceed 15 days if the inmate is segregated for disciplinary reasons;

(2) shall not exceed 30 days if the inmate requested the segregation, except that the inmate may remain segregated for successive 30-day periods following assessment by a qualified mental health professional and approval of a physician for each extension; and

(3) shall not exceed 30 days if the inmate is segregated for any reason other than the reasons set forth in subdivision (1) or (2) of this subsection, except that the inmate may remain segregated for successive 30-day periods following a due process hearing for each extension, which shall include assessment by a qualified mental health professional and approval of a physician.

(b) As used in this section, “segregation” shall have the same meaning as in subdivision 3(12) of this title.

(c) On or before the 15th day of each month, the Department's Health Services Director shall provide to the Joint Legislative Justice Oversight Committee a report that, while protecting inmate confidentiality, lists each inmate who was in segregation during the preceding month by a unique indicator and identifies the reason the inmate was placed in segregation, the length of the inmate's stay in segregation, and whether the inmate has a serious functional impairment. The report shall also indicate any incident of self harm or attempted suicide by inmates in segregation. The Department shall ensure that a copy of the report is forwarded on a monthly basis to the Vermont Defender General and to the entity designated as Vermont's protection and advocacy system. At the request of the Committee, the Director shall also provide information about the nature of the functional impairments of inmates placed in segregation or services provided to these inmates. In addition, at least annually, the Department shall provide a report on all inmates placed in segregation who were receiving mental health services.
28 V.S.A. § 1621 — VT Code / Title 28 / Chapter 27 / Section 1621
§ 1621. Powers of Commissioner of Corrections
Status: in_force

The Commissioner of Corrections is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and he or she may in his or her discretion delegate this authority to another appropriate official.
28 V.S.A. § 1362 — VT Code / Title 28 / Chapter 22 / Section 1362
§ 1362. Article XII; Withdrawal; default; termination; judicial enforcement
Status: in_force

(a) Withdrawal. Once effective, the compact shall continue in force and remain binding upon each and every compacting state, provided that a compacting state may withdraw from the compact (withdrawing state) by enacting a statute specifically repealing the statute which enacted the compact into law. The effective date of withdrawal shall be the effective date of such repeal. A withdrawing state shall immediately notify the chair of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within 60 days of its receipt thereof. A withdrawing state shall be responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extends beyond the effective date of withdrawal. Reinstatement following withdrawal by any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

(b) Default. If the Interstate Commission determines that any compacting state has at any time defaulted (defaulting state) in the performance of any of its obligations or responsibilities under this compact, the bylaws, or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

(1) fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission;

(2) remedial training and technical assistance as directed by the Interstate Commission;

(3) suspension and termination of membership in the compact.

Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state's legislature, and the state council. The grounds for default shall include failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission bylaws, or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states, and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state's legislature, and the state council of such termination. The defaulting state shall be responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations, the performance of which extends beyond the effective date of termination. The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state. Reinstatement following termination of any compacting state shall require both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules of the Interstate Commission.

(c) Judicial enforcement. The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules, and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney's fees.

(d) Dissolution of the compact. The compact shall dissolve effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact shall become null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be terminated and any surplus funds shall be distributed in accordance with the bylaws of the Interstate Commission.
28 V.S.A. § 204b — VT Code / Title 28 / Chapter 5 / Section 204b
§ 204b. High-risk sex offenders
Status: in_force

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 his or her sentence shall not be eligible for parole, furlough, or any other type of early release until the expiration of 70 percent of his or her maximum sentence.
28 V.S.A. § 1431 — VT Code / Title 28 / Chapter 23 / Section 1431
§ 1431. Powers of Commissioner of Corrections
Status: in_force

The Commissioner of Corrections, acting only with the approval of the Governor who may delegate in writing his or her decision-making power under this chapter to the Commissioner of Corrections, is hereby authorized and directed to do all things necessary or incidental to the carrying out of the Compact in every particular.
28 V.S.A. § 1407 — VT Code / Title 28 / Chapter 23 / Section 1407
§ 1407. Entry into force-Article VII
Status: in_force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states from among the states of New England. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
28 V.S.A. § 1162 — VT Code / Title 28 / Chapter 16 / Section 1162
§ 1162. Methods of supervision
Status: in_force

(a) Electronic monitoring. The Commissioner may utilize an electronic monitoring system to supervise a youthful offender placed on juvenile probation.

(b) Graduated sanctions.

(1) If ordered by the court pursuant to a modification of a youthful offender disposition under 33 V.S.A. § 5285(c)(1), the Commissioner may sanction the youthful offender in accordance with rules adopted pursuant to subdivision (2) of this subsection.

(2) The Department of Corrections shall adopt rules pursuant to 3 V.S.A. chapter 25 that establish graduated sanction guidelines for a youthful offender who violates the terms of his or her probation.
28 V.S.A. § 1537 — VT Code / Title 28 / Chapter 25 / Section 1537
§ 1537. Notification of agreement
Status: in_force

Copies of this chapter shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the Council of State Governments.
28 V.S.A. § 726 — VT Code / Title 28 / Chapter 11 / Section 726
§ 726. Reduction of sentence
Status: in_force

Each day an offender is supervised in a conditional reentry program shall be counted as one day served for the total effective sentence.
28 V.S.A. § 907 — VT Code / Title 28 / Chapter 11 / Section 907
§ 907. Mental health service for inmates; powers and responsibilities of Commissioner
Status: in_force

The Commissioner shall administer a program of trauma-informed mental health services that shall be available to all inmates and shall provide adequate staff to support the program. The program shall provide the following services:

(1)(A) Within 24 hours of admittance to a correctional facility, all inmates shall be screened for any signs of mental illness, mental condition, psychiatric disability or disorder, or serious functional impairment. If as a result of the screening it is determined that the inmate is receiving services under the developmental disabilities home- and community-based services waiver or is currently receiving community rehabilitation and treatment services, he or she will automatically be designated as having a serious functional impairment.

(B) Every inmate who is identified as a result of screening by a mental health professional as requiring inpatient evaluation, treatment, or services shall, within 48 hours of the screening, be provided with such treatment, evaluation, or services in a setting appropriate to the clinical needs of the inmate.

(2) A thorough trauma-informed evaluation, conducted in a timely and reasonable fashion by a qualified mental health professional, which includes a review of available medical and psychiatric records. The evaluation shall be made of each inmate who:

(A) has a history of a mental condition or psychiatric disability or disorder;

(B) has received community rehabilitation and treatment services; or

(C) shows signs or symptoms of a mental condition or psychiatric disability or disorder or of serious functional impairment at the initial screening or as observed subsequent to entering the facility.

(3) The development and implementation of an individual treatment plan, when a clinical diagnosis by a qualified mental health professional indicates an inmate has a mental condition or psychiatric disability or disorder or from serious functional impairment. The treatment plan shall be developed in accordance with best practices and explained to the inmate by a qualified mental health professional.

(4) Access to a variety of services and levels of care consistent with the treatment plan to inmates with a mental condition or psychiatric disability or disorder or serious functional impairment. These services shall include, as appropriate, the following:

(A) Follow-up evaluations.

(B) Crisis intervention.

(C) Crisis beds.

(D) Residential care within a correctional institution.

(E) Clinical services provided within the general population of the correctional facility.

(F) Services provided in designated special needs units.

(G) As a joint responsibility with the Department of Mental Health and the Department of Disabilities, Aging, and Independent Living, and working with designated agencies, the implementation of discharge planning that coordinates access to services for which the offender is eligible, developed in a manner that is guided by best practices and consistent with the reentry case plan developed under subsection 1(b) of this title.

(H) Other services that the Department of Corrections, the Department of Disabilities, Aging, and Independent Living, and the Department of Mental Health jointly determine to be appropriate.

(5) Proactive procedures to seek and identify any inmate who has not received the enhanced screening, evaluation, and access to mental health services appropriate for inmates with a mental condition or psychiatric disability or disorder or a serious functional impairment.

(6) Special training to medical and correctional staff to enable them to identify and initially deal with inmates with a mental illness or disorder or a serious functional impairment. This training shall include the following:

(A) Recognition of signs and symptoms of a mental condition or psychiatric disability or disorder or a serious functional impairment in the inmate population.

(B) Recognition of signs and symptoms of chemical dependence and withdrawal.

(C) Recognition of adverse reactions to psychotropic medication.

(D) Recognition of improvement in the general condition of the inmate.

(E) Recognition of developmental disability.

(F) Recognition of mental health emergencies and specific instructions on contacting the appropriate professional care provider and taking other appropriate action.

(G) Suicide potential and prevention.

(H) Precise instructions on procedures for mental health referrals.

(I) Any other training determined to be appropriate.
28 V.S.A. § 455 — VT Code / Title 28 / Chapter 7 / Section 455
§ 455. Director
Status: in_force

(a) The position of Parole Board Director is created. The Director shall be appointed by the Governor after consultation with the Board.

(b) The Director shall serve for a term of four years commencing on March 1 and continuing until his or her successor is appointed.

(c) The Director shall be exempt from classified State service.

(d) The Secretary of Human Services, in consultation with the Parole Board and the Department of Human Resources, shall establish the minimum and preferred qualifications, duties, and compensation of the Director.
28 V.S.A. § 802a — VT Code / Title 28 / Chapter 11 / Section 802a
§ 802a. Telephone use; debit and collect call systems
Status: in_force

(a) Upon admittance to a correctional facility, the inmate shall within 24 hours be allowed access to a telephone for outgoing telephone calls at the expense of the inmate.

(b) An inmate shall be allowed easy access in placing collect telephone calls upon admission to a correctional facility under reasonable conditions determined by the Commissioner, unless the inmate has been prohibited under provisions of section 853 of this title regarding punishment for a breach of the rules and regulations of the correctional facility in which an inmate is confined.

(c) When an inmate requests and receives a list of parties approved to receive telephone calls, the inmate shall be provided the option of using a debit or collect call system to place such calls. Under the debit system, the inmate shall pay for telephone service at the time of use, and the cost of such service will be automatically deducted from an account maintained by the inmate for that purpose.

(d) Any contract to provide telephone services to inmates in State correctional facilities shall be negotiated and awarded in a manner that provides for the lowest reasonable cost to inmates, to their families, and to others communicating with inmates.
28 V.S.A. § 206 — VT Code / Title 28 / Chapter 5 / Section 206
§ 206. Expenses of probationer
Status: in_force

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 probationers.
28 V.S.A. § 705 — VT Code / Title 28 / Chapter 11 / Section 705
§ 705. Hospitalization upon expiration of sentence
Status: in_force

If it is determined by the Commissioner of Mental Health that a person who has been transferred by the Commissioner to the Department of Mental Health is in need of further care and treatment after the expiration of his or her maximum sentence, the Commissioner of Mental Health shall petition the Criminal Division of the Superior Court for recommitment of the inmate to the custody of the Commissioner of Mental Health. This action by the Commissioner of Mental Health shall be initiated before the expiration of the maximum sentence.
28 V.S.A. § 804 — VT Code / Title 28 / Chapter 11 / Section 804
§ 804. Right of inmates to confer with counsel
Status: in_force

If an inmate in any facility expresses a desire to see and confer with a practicing attorney of the State, the supervising officer of the facility shall authorize, except in cases of imminent danger of injury to person or of escape, the admittance of the attorney to the facility. The inmate and his or her attorney shall have the right to confer alone and in private at the facility.
28 V.S.A. § 402 — VT Code / Title 28 / Chapter 7 / Section 402
§ 402. Definitions
Status: in_force

As used in this chapter:

(1) “Parole” means the release of an inmate to the community by the Parole Board before the end of the inmate's sentence subject to conditions imposed by the Board and subject to the supervision and control of the Commissioner. If a court or other authority files a warrant or detainer against an inmate, the Board may release him or her on parole to answer the warrant and serve any subsequent sentences.

(2) “Interview” means an appearance by the inmate at a meeting of the Parole Board.

(3) “Review” means an evaluation of an inmate's records without an appearance by the inmate before the Parole Board.
28 V.S.A. § 853 — VT Code / Title 28 / Chapter 11 / Section 853
§ 853. Punishment; maintenance of records; recommendation of transfer
Status: in_force

(a)(1) Except in serious cases as provided in subdivision (2) of this subsection, punishment for a breach of the rules and regulations of the facility shall consist of deprivation of privileges.

(2) Serious breaches of the rules and regulations shall include assault, escape, attempt to escape, and other serious breaches. In cases involving a serious breach, the disciplinary committee may recommend to the supervising officer of the facility, who may then order, other forms of discipline in addition to or as substitution for a loss of privileges. If the serious breach results in damage to State-owned property, the disciplinary committee may fix an amount of restitution or reparation, which shall not exceed an amount the inmate can or will be able to pay, and shall fix the manner of performance. Other forms of discipline for a serious breach of the rules may include:

(A) Recommendation by the disciplinary committee and by the supervising officer to the Commissioner that the inmate be transferred to another facility.

(B) Segregation, in accordance with the regulations of the Department, in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility; provided:

(i) the period of such segregation shall not exceed 30 days consecutively;

(ii) he inmate shall be supplied with a sufficient quantity of wholesome and nutritious food, which shall be of the same quantity and nutritional quality as that provided to the general population of inmates at the facility;

(iii) adequate sanitary and other conditions required for the health of the inmate shall be maintained; and

(iv) the supervising officer of the facility shall comply with any recommendation that may be made by the facility's physician for measures with respect to dietary needs or conditions of segregation of each inmate required to maintain the health of the inmate.

(b) No cruel, inhuman, or corporal punishment shall be used on any inmate, nor is the use of force on any inmate justifiable except as provided by law.

(c) The supervising officer of any facility shall maintain a record of all breaches of rules, the disposition of each case, and the punishment, if any, for each breach. Each breach of the rules by an inmate shall be entered in the file of the inmate, together with the disposition or punishment therefor.
28 V.S.A. § 910 — VT Code / Title 28 / Chapter 12 / Section 910
§ 910. Restorative Justice Program
Status: in_force

This chapter establishes a program of restorative justice for use with offenders required to participate in such a program as a condition of a sentence of probation or as ordered for civil contempt of a child support order under 15 V.S.A. § 603. The Program shall be carried out by community reparative boards under the supervision of the Commissioner, as provided by this chapter.
28 V.S.A. § 1409 — VT Code / Title 28 / Chapter 23 / Section 1409
§ 1409. Other arrangements unaffected-Article IX
Status: in_force

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.
28 V.S.A. § 808 — VT Code / Title 28 / Chapter 11 / Section 808
§ 808. Temporary furloughs granted to offenders
Status: repealed

(a) The Department may extend the limits of the place of confinement of an offender at any correctional facility if the offender agrees to comply with such conditions of supervision the Department, in its sole discretion, deems appropriate for that offender's furlough. The Department may authorize a temporary furlough for a defined period for any of the following reasons:

(1) to visit a critically ill relative;

(2) to attend the funeral of a relative;

(3) to obtain medical services;

(4) to contact prospective employers;

(5) to secure a suitable residence for use upon discharge.

(b) An offender granted a temporary furlough pursuant to this section may be accompanied by an employee of the Department, in the discretion of the Commissioner, during the period of the offender's furlough. The Department may use electronic monitoring equipment such as global position monitoring, automated voice recognition telephone equipment, and transdermal alcohol monitoring equipment to enable more effective or efficient supervision of individuals placed on furlough.

(c) The extension of the limits of the place of confinement authorized by this section shall in no way be interpreted as a probation or parole of the offender, but shall constitute solely a permitted extension of the limits of the place of confinement for offenders committed to the custody of the Commissioner.

(d) When any enforcement officer, as defined in 23 V.S.A. § 4; employee of the Department; or correctional officer responsible for supervising an offender believes the offender is in violation of any verbal or written condition of the temporary furlough, the officer or employee may immediately lodge the offender at a correctional facility or orally or in writing deputize any law enforcement officer or agency to arrest and lodge the offender at such a facility. The officer or employee shall subsequently document the reason for taking such action.

(e) The Commissioner may place on medical furlough any offender who is serving a sentence, including an offender who has not yet served the minimum term of the sentence, who is diagnosed with a terminal or serious medical condition so as to render the offender unlikely to be physically capable of presenting a danger to society. The Commissioner shall develop a policy regarding the application for, standards for eligibility of, and supervision of persons on medical furlough. The offender may be released to a hospital, hospice, other licensed inpatient facility, or other housing accommodation deemed suitable by the Commissioner. As used in this subsection, a “serious medical condition” does not mean a condition caused by noncompliance with a medical treatment plan.

(f) [Repealed.]

(g) Subsection (b) of this section shall also apply to sections 808a and 808c of this title.
28 V.S.A. § 354 — VT Code / Title 28 / Chapter 6 / Section 354
§ 354. Rules of Parole Board
Status: in_force

The Parole Board shall adopt such rules consistent with the provisions of this chapter as it considers proper and necessary regarding the arrest, detention, and release of offenders pending a review by the Board, the administration of Board hearings, and all other attendant matters.
28 V.S.A. § 372 — VT Code / Title 28 / Chapter 6 / Section 372
§ 372. Disposition alternatives upon violation
Status: in_force

As an alternative to revocation and return of the offender to a correctional facility for the remainder of the maximum term of imprisonment, the Board in its discretion, after a violation has been established, may do one or more of the following:

(1) continue the offender on the same terms as existed prior to the violation;

(2) recommend to the Commissioner modified or new conditions of the plan;

(3) conduct a formal or informal conference with the offender in order to re-emphasize the necessity of compliance with the conditions of the offender's supervised community sentence.
28 V.S.A. § 1406 — VT Code / Title 28 / Chapter 23 / Section 1406
§ 1406. Federal aid-Article VI
Status: in_force

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.
28 V.S.A. § 702 — VT Code / Title 28 / Chapter 11 / Section 702
§ 702. Transfer between facilities of the Department
Status: in_force

(a) The Commissioner may transfer any inmate committed to his or her custody between any of the correctional facilities except that the Commissioner shall not have the authority to transfer a child, as defined in this title, to any facility except in accordance with 33 V.S.A. § 5293.

(b) The Commissioner shall have the authority to transfer a person under arrest and charged with any offense, or convicted but not yet sentenced, from the correctional facility at which the person is detained to any other facility if the Commissioner determines that the person cannot be kept properly or safely at the correctional facility at which he or she is detained. If the Commissioner determines that such person has manifested a mental illness requiring treatment, the Commissioner shall have the authority to initiate transfer proceedings pursuant to section 703 of this title.
28 V.S.A. § 1361 — VT Code / Title 28 / Chapter 22 / Section 1361
§ 1361. Article XI; Compacting states; effective date; amendments
Status: in_force

(a) Any state, as defined in Article II of this compact, is eligible to become a compacting state. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2001 or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

(b) Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.
28 V.S.A. § 811 — VT Code / Title 28 / Chapter 11 / Section 811
§ 811. Work camps; reduction of term
Status: in_force

A reduction of up to 30 days in the minimum and maximum terms of confinement may be made in accordance with a policy established by the director of a work camp in which an inmate is confined for each month during which the inmate demonstrates, beyond the level normally expected, consistent program performance or meritorious work performance.
28 V.S.A. § 256 — VT Code / Title 28 / Chapter 5 / Section 256
§ 256. Graduated sanctions for technical violations
Status: in_force

(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 than a condition that the probationer pay restitution to the Department or a violation which constitutes a new crime, the Commissioner may sanction the probationer in accordance with rules adopted pursuant to subsection (b) of this section. However, no probationer shall be incarcerated except pursuant to the provisions of subchapter 3 of this chapter.

(b) The Department of Corrections shall adopt rules pursuant to 3 V.S.A. chapter 25 that establish graduated sanction guidelines for probation violations as an alternative to arrest or citation under section 301 of this title.
28 V.S.A. § 1533 — VT Code / Title 28 / Chapter 25 / Section 1533
§ 1533. Exception to habitual criminal law
Status: in_force

Nothing in this subchapter or in the Agreement on Detainers shall be construed to require the application of 13 V.S.A. § 11, the habitual criminal law, to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of this agreement.
28 V.S.A. § 706 — VT Code / Title 28 / Chapter 11 / Section 706
§ 706. Transfer to federal correctional facility
Status: in_force

(a) The Commissioner may enter into and execute a contract or contracts with the United States for the transfer of any inmate from any facility to a federal correctional facility when, in his or her opinion, the inmate needs particular treatment or special facilities available at the federal correctional facility; or, all in-state treatment and rehabilitative programs available for the inmate have been considered and found unsuitable; or, all in-state security and custody alternatives for the inmate have been considered and found unsuitable; or, the inmate voluntarily requests transfer.

(b) Notwithstanding any other provision of law, an inmate transferred to a federal correctional facility shall, unless otherwise agreed in a contract or contracts, be subject to the same law, rules, regulations, and procedures applicable to inmates committed for violations of laws of the United States, not inconsistent with the sentence imposed. Such laws, rules, regulations, and procedures applicable to Vermont prisoners confined outside Vermont may include matters of discipline, classification, segregation, visiting, mail, clothing or dress, use of telephones, personal property, employment, work release, furlough, and transfer.
28 V.S.A. § 1102 — VT Code / Title 28 / Chapter 15 / Section 1102
§ 1102. Administration of facilities providing juvenile services; care of juveniles
Status: in_force

(a) The supervising officer of any facility providing juvenile services shall be subject to all the powers and responsibilities applied to the supervising officers of facilities by section 601 of this title.

(b) Children committed to the custody of the Commissioner in accordance with the laws of the State, wherever appropriate, shall be subject to the provisions established in chapter 11, subchapter 3 of this title.
28 V.S.A. § 857 — VT Code / Title 28 / Chapter 11 / Section 857
§ 857. Administrative segregation; procedural requirements
Status: in_force

(a) Except in emergency circumstances as described in subsection (b) of this section, before an inmate is placed in administrative segregation, regardless of whether that inmate has been designated as having a serious functional impairment under section 906 of this title, the inmate is entitled to a hearing pursuant to subsection 852(b) of this title.

(b) In the event of an emergency situation and at the discretion of the Commissioner, an inmate may be placed in administrative segregation prior to receiving a hearing as described in subsection 852(b) of this title.
28 V.S.A. § 107 — VT Code / Title 28 / Chapter 3 / Section 107
§ 107. Offender and inmate records; confidentiality; exceptions; corrections
Status: in_force

(a)(1) The Commissioner shall adopt a rule pursuant to 3 V.S.A. chapter 25 defining what are “offender and inmate records” produced or acquired by the Department.

(2) As used in this section, the phrase “offender and inmate records” means the records defined under the rule required under subdivision (1) of this subsection.

(b) Offender and inmate records are exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that the Department:

(1) Shall release or permit inspection of such records if required under federal or State law, including 42 U.S.C. §§ 10805 and 10806 (Protection and Advocacy Systems).

(2) Shall release or permit inspection of such records pursuant to a court order for good cause shown or, in the case of an offender or inmate seeking records relating to him or her in litigation, in accordance with discovery rules.

(3) Shall release or permit inspection of such records to a State or federal prosecutor as part of a criminal investigation pursuant to a court order issued ex parte if the court finds that the records may be relevant to the investigation. The information in the records may be used for any lawful purpose but shall not otherwise be made public.

(4) Shall release or permit inspection of such records to the Department for Children and Families for the purpose of child protection, unless otherwise prohibited by law.

(5) Shall release or permit inspection of specific categories or types of offender and inmate records to specific persons, or to any person, in accordance with a rule that the Commissioner shall adopt pursuant to 3 V.S.A. chapter 25, provided that the Commissioner shall redact any information that may compromise the safety of any person, or that is required by law to be redacted, prior to releasing or permitting inspection of such records under the rule. The rule shall provide for disclosure of a category or type of record in either of the following circumstances:

(A) when the public interest served by disclosure outweighs the privacy, security, or other interest in keeping the record confidential; or

(B) in order to provide an offender or inmate access to offender and inmate records relating to him or her, unless:

(i) the category or type of record is confidential or exempt from disclosure under a law other than this section;

(ii) providing access would unreasonably interfere with the Department's ability to perform its functions, including unreasonable interference due to the staff time or other cost associated with providing a category or type of record; or

(iii) providing access may compromise the health, safety, security, or rehabilitation of the offender or inmate or of another person.

(c)(1) Unless otherwise provided in this section or required by law, the rule required under subdivision (b)(5) of this section:

(A) shall specify the categories or types of records to be disclosed and to whom they are to be disclosed, and shall not provide for any exceptions to disclosure of records that fall within these categories or types except for redactions required by law;

(B) shall specify which categories or types of records relating to an offender or inmate shall be provided to the offender or inmate as a matter of course and which shall be provided only upon request;

(C) may limit the offender's or inmate's access to include only records produced or acquired in the year preceding the date of the request;

(D) may limit the number of requests by an offender or inmate that will be fulfilled per calendar year, provided that the Department fulfills at least two requests by the offender or inmate per calendar year excluding any release of records ordered by a court;

(E) may specify circumstances when an offender's or inmate's right of access will be limited to an inspection overseen by an agent or employee of the Department;

(F) may provide that the Department has no obligation to provide an offender or inmate a record previously provided if he or she still has access to the record; and

(G) shall reflect the Department's obligation not to withhold a record in its entirety on the basis that it contains some confidential or exempt content, to redact such content, and to make the redacted record available.

(2) The Department shall provide records available to an offender or inmate under the rule free of charge, except that if the offender or inmate is responsible for the loss or destruction of a record previously provided, the Department may charge him or her for a replacement copy at $0.01 per page.

(d) Notwithstanding the provisions of 1 V.S.A. chapter 5, subchapter 3 (Public Records Act) that govern the time periods for a public agency to respond to a request for a public record and rights of appeal, the Commissioner shall adopt a rule pursuant to 3 V.S.A. chapter 25 governing response and appeal periods and appeal rights in connection with a request by an offender or inmate to access records relating to him or her maintained by the Department. The rule shall provide for a final exhaustion of administrative appeals not later than 45 days from the Department's receipt of the initial request.

(e) An offender or inmate may request that the Department correct a fact in a record maintained by the Department that is material to his or her rights or status, except for a determination of fact that resulted from a hearing or other proceeding that afforded the offender or inmate notice and opportunity to be heard on the determination. The rule required under subsection (d) of this section shall reference that requests for such corrections are handled in accordance with the Department's grievance process. If the Department issues a final decision denying a request under this subsection, the offender or inmate may appeal the decision to the Civil Division of the Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure. The court shall not set aside the Department's decision unless it is clearly erroneous.
28 V.S.A. § 707 — VT Code / Title 28 / Chapter 11 / Section 707
§ 707. Confinement of persons convicted by U.S. courts
Status: in_force

(a) The Department shall have the authority, on such terms and conditions as it may prescribe, to receive into custody any person ordered detained or convicted by any court of the United States. Any person against whom such sentence is rendered, while he or she is confined at any such facility, shall be subject to the same rules and discipline to which other inmates are subjected.

(b) All payments received from the United States for the confinement of such persons referred to in subsection (a) of this section shall be made to the State Treasurer.
28 V.S.A. § 362 — VT Code / Title 28 / Chapter 6 / Section 362
§ 362. Duration of supervised community sentence
Status: in_force

A sentence of supervised community sentence shall not terminate earlier than the expiration of the minimum term of imprisonment ordered by the sentencing court. Upon the expiration of the minimum sentence, the offender's case shall be reviewed by the Parole Board. If the offender has successfully completed the obligations of supervised community sentence responsibilities, including restitution if imposed by the sentencing court, and successfully abided by the conditions of the sentence, the Commissioner may recommend to the Parole Board that the offender be paroled from supervised community sentence. The Board may, if warranted by the conduct of the offender and the ends of justice:

(1) continue the offender under supervised community sentence until the expiration of the maximum term of sentence;

(2) release the offender under parole supervision pursuant to chapter 7 of this title; or

(3) terminate the offender from supervision altogether.
28 V.S.A. § 816 — VT Code / Title 28 / Chapter 11 / Section 816
§ 816. Inmate Recreation Fund
Status: in_force

The Department shall accept monies generated by commissions on telephone services, commissary sales, and sales of approved items not available on commissary by the Department to inmates at its correctional facilities and shall establish with such monies an inmate recreation special fund. The fund shall be used to provide postage to inmates in a manner consistent with Department policy. The fund may be used for costs associated with the oversight and accounting of inmate cash accounts. The fund may be used, at the discretion of the Commissioner, to hire persons or purchase services, equipment, and goods to establish or enhance recreation activities for inmates confined in any of the Department's facilities, and for voluntary inmate contributions that promote the restoration of crime victims or communities. The inmates, through a process established by the inmate recreation fund committee, may also choose to create a loan fund, the operation of which shall be governed by rules adopted pursuant to 3 V.S.A. chapter 25, from which offenders may borrow in order to help them obtain housing upon release from incarceration.
28 V.S.A. § 1534 — VT Code / Title 28 / Chapter 25 / Section 1534
§ 1534. Escape while under agreement; penalty
Status: in_force

A person who escapes from custody while in another state under the Agreement on Detainers shall be punished under 13 V.S.A § 1501 as though he or she had escaped from a penal institution in this State.
28 V.S.A. § 451 — VT Code / Title 28 / Chapter 7 / Section 451
§ 451. Creation of Board
Status: in_force

(a) A Parole Board of five members is created. The Governor, with the advice and consent of the Senate, shall appoint five regular members and two alternates for terms of three years in such a manner that not more than three terms shall expire annually. Initial terms may be less than three years. Each member and alternate shall hold office until a successor is appointed and qualified. The Governor shall designate the Board's chair. As far as practicable, the Governor shall appoint as members persons who have knowledge of and experience in correctional treatment, crime prevention, or human relations, and shall give consideration, as far as practicable, to geographic representation of the State. The Board shall select one of its members to serve as Vice Chair of the Board. If the Chair resigns or is otherwise permanently unable to serve on the Board, the Vice Chair shall serve as interim chair until the Governor designates a new chair pursuant to this section. The Chair or the executive director may assign alternates to serve on the Board in the absence of a regular member and such alternates shall have all the powers and authority of a regular member when so assigned.

(b) Three members of the Board shall constitute a quorum for the conduct of a meeting. Notwithstanding 1 V.S.A. § 172, the concurrence of a majority of members present at a Parole Board meeting shall be necessary and sufficient for Board action.

(c) The Chair of the Parole Board shall be entitled to compensation in the amount of $20,500.00 annually, effective on the first pay period in fiscal year 2006, which shall be in lieu of any per diem otherwise authorized by law. If the Vice Chair assumes the duties of the Chair for a period in excess of 30 consecutive days, the compensation otherwise payable to the Chair during his or her absence shall be paid to the Vice Chair.
28 V.S.A. § 364 — VT Code / Title 28 / Chapter 6 / Section 364
§ 364. Release pending hearing
Status: in_force

Pending a hearing upon any charge of violation, the Parole Board may authorize the offender's release from detention in accordance with the procedures set forth in 13 V.S.A. § 7554. For the purposes of this section, a judicial officer as defined in 7554(f) shall mean the Chair of the Parole Board or designee.
28 V.S.A. § 253 — VT Code / Title 28 / Chapter 5 / Section 253
§ 253. Modification of conditions; revocations
Status: repealed

(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 252 of this title.

(b) Whenever the court proposes any modification of the conditions of probation, the probationer shall have a reasonable opportunity to contest the modification prior to its imposition.

(c) [Repealed.]
28 V.S.A. § 724 — VT Code / Title 28 / Chapter 11 / Section 724
§ 724. Terms and conditions of community supervision furlough
Status: in_force

(a) Authority of the Department. The Department shall identify in the terms and conditions of community supervision furlough those programs necessary to reduce the offender's risk of reoffense and to promote the offender's accountability for progress in the reintegration process. The Department shall make all determinations of violations of conditions of community supervision furlough pursuant to this subchapter and any resulting change in status or termination of community supervision furlough status.

(b) 90-day interruption or revocation. Any interruption of an offender's community supervision furlough after the Department has found a technical violation of furlough conditions shall trigger a Department Central Office case staffing review and Department notification to the Office of the Defender General if the interruption will be 90 days or longer.

(c) Appeal. (1) An offender whose community supervision furlough status is revoked or interrupted for 90 days or longer for a technical violation shall have the right to appeal the Department's determination to the Civil Division of the Superior Court in accordance with Rule 74 of the Vermont Rules of Civil Procedure. The appeal shall be based on a de novo review of the record. The appellant may offer testimony, and, in its discretion for good cause shown, the court may accept additional evidence to supplement the record. If additional evidence is accepted by the court, the Department, through the Office of the Vermont Attorney General, shall have the opportunity to present rebuttal evidence, including testimony, for the court's consideration. The notice of appeal filed pursuant to Rule 74 shall include a certification that the court has subject matter jurisdiction. The Department shall file an objection to subject matter jurisdiction within 14 days, which shall stay the filing of the record on appeal until the court issues an order on the Department's objection. The appellant shall have the burden of proving by a preponderance of the evidence that the Department abused its discretion in imposing a furlough revocation or interruption for 90 days or longer pursuant to subsection (d) of this section.

(2) An appeal filed pursuant to this subsection shall be limited to determine whether the decision to interrupt or revoke an offender's community supervision furlough status was an abuse of discretion by the Department based on the criteria set forth in subdivision (d)(2) of this section. The length of interruption or revocation may be a consideration in the abuse of discretion determination.

(3) An appeal filed pursuant to this subsection shall be brought in the unit of the Superior Court in which the offender resided at the time that the offender's furlough status was revoked or interrupted or the unit in which the offender is detained after the offender's furlough status was revoked or interrupted. If an appeal is filed pursuant to this subsection in a unit lacking proper venue, the court, on its own motion or on timely motion of a party to the appeal, may transfer the appeal to a unit having proper venue.

(d) Technical violations. It shall be abuse of the Department's discretion to revoke furlough or interrupt furlough status for 90 days or longer for a technical violation, unless:

(1) The offender's risk to reoffend can no longer be adequately controlled in the community, and no other method to control noncompliance is suitable.

(2) The violation or pattern of violations indicate the offender poses a danger to others.

(3) The offender's violation is absconding from community supervision furlough.
28 V.S.A. § 856 — VT Code / Title 28 / Chapter 11 / Section 856
§ 856. Special management meals
Status: in_force

(a) When an inmate misuses bodily waste or fluids, food, or eating utensils, the supervising officer of the facility or his or her designee may order that the inmate be served special management meals in lieu of regular inmate meals pursuant to this section.

(b)(1) When it appears to the supervising officer that an inmate may be subject to an order to receive special management meals, the officer shall notify the inmate in writing of the reason for the determination and the facility's evidence for it.

(2)(A) Before being served special management meals, the inmate shall be provided an opportunity to meet with a member of the facility's staff not involved in the incident. The purpose of the meeting shall be to serve as an initial check against mistaken decisions and to determine whether there are reasonable grounds to believe that the inmate misused bodily waste or fluids, food, or eating utensils.

(B) At a meeting between an inmate and a staff member held pursuant to this subdivision (2), the inmate may identify any disagreement he or she has with the facility's version of the facts, identify witnesses who support his or her defense, identify any mitigating circumstances that should be considered, and offer any other arguments that may be appropriate. The inmate shall not have the right to cross-examine witnesses or to call witnesses to testify on his or her behalf.

(c) If the officer determines that there are reasonable grounds to believe that the inmate misused bodily waste or fluids, food, or eating utensils, the officer may order that the inmate be served special management meals in lieu of regular inmate meals for a maximum of seven consecutive days.

(d) When the supervising officer orders that an inmate be served special management meals, a hearing officer designated by the officer shall conduct a fact-finding hearing within 48 hours pursuant to the following procedure:

(1) Notice of the charge and of the hearing shall be given to the inmate.

(2) The inmate shall have an opportunity, subject to reasonable rules, to confront the person bringing the charge.

(3) The inmate shall have the right to be present and heard at the hearing subject to reasonable rules of conduct.

(4) The hearing officer shall summon to testify any available witness or other persons with relevant knowledge of the incident, subject to reasonable rules. The inmate charged may be permitted to question any person who testifies pursuant to this subdivision.

(5) If the inmate so requests, he or she may be assisted in the preparation and presentation of his or her case by an assigned employee of the facility if the supervising officer determines in his or her discretion that the requested employee is reasonably available.

(e) If the hearing officer determines that a preponderance of the evidence does not establish that the inmate misused bodily waste or fluids, food, or eating utensils, the supervising officer shall discontinue service of special management meals to the inmate.

(f) The service of special management meals shall not be construed as punishment and shall not be subject to the requirements of sections 851-853 of this title.
28 V.S.A. § 905 — VT Code / Title 28 / Chapter 11 / Section 905
§ 905. Legislative intent
Status: in_force

It is the intent of the General Assembly that the serious functional impairment designation apply solely to individuals residing in a correctional facility and not to individuals reentering the community after incarceration.
28 V.S.A. § 910a — VT Code / Title 28 / Chapter 12 / Section 910a
§ 910a. Reparative boards; functions
Status: in_force

(a) The Commissioner shall establish reparative boards and appoint to them members of the community with the advice and recommendation of nonprofit organizations or municipal entities in the localities concerned. The Commissioner shall appoint each board member to a term of one to three years, may reappoint a member to consecutive terms, and may remove a member for good cause.

(b) Each board shall elect its chair from its membership. A chair may serve for no more than one year uninterrupted. All meetings of a board shall comply with open meeting law requirements of 1 V.S.A. chapter 5, subchapter 2, consistent with probationer confidentiality requirements of this title, and as may be imposed by the court.

(c) Each board shall adopt bylaws approved by the Commissioner. Such bylaws may authorize each board to establish panels to conduct reparative board activities.

(d) Each board shall conduct its meetings in a manner that promotes safe interactions among an offender, victim or victims, and community members, and shall:

(1) In collaboration with the Department, municipalities, the courts, and other entities of the criminal justice system, implement the Restorative Justice Program of seeking to obtain offender accountability, repair harm and compensate a victim or victims and the community, increase an offender's awareness of the effect of his or her behavior on a victim or victims and the community, and identify ways to help an offender comply with the law.

(2) Educate the public about, and promote community support for, the Restorative Justice Program.

(e) Each board shall have access to the central file of any offender required to participate with that board in the Restorative Justice Program.

(f) When engaged in board activities, a board member shall be considered a volunteer with regard to any grievance or other matter governed by 3 V.S.A. § 1101.
28 V.S.A. § 103 — VT Code / Title 28 / Chapter 3 / Section 103
§ 103. Inquiries and investigations into the administration of the Department
Status: in_force

(a) The Commissioner at all times shall have unlimited access to all correctional facilities and to all records and books at the facilities, and may conduct inquiries and investigations concerning all matters under his or her jurisdiction.

(b) The Commissioner may seek the cooperation of any judge, prosecuting officer, sheriff, police officer, or other court or law enforcement official or employee possessing information relating to an inquiry or investigation conducted in accordance with subsection (a) of this section.

(c) In any inquiry or investigation conducted by the Commissioner, he or she shall have the same powers as are possessed by Superior Court judges in chambers, and which shall include the power to:

(1) administer oaths;

(2) compel the attendance of witnesses; and

(3) compel the production of documentary evidence.

(d) If any person disobeys any lawful order or subpoena issued by the Commissioner pursuant to this section or refuses to testify to any matter regarding which he or she may be questioned lawfully, any Superior Court judge, upon application by the Commissioner, shall order the obedience of the person in the same manner as if the person had disobeyed an order or subpoena of the Superior Court judge.

(e) The fees and traveling expenses of witnesses shall be the same as are allowed witnesses in the Superior Courts of the State and shall be reimbursed by the Commissioner out of any appropriation or funds at the disposal of the Department.
28 V.S.A. § 302 — VT Code / Title 28 / Chapter 5 / Section 302
§ 302. Notice; hearing
Status: in_force

(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 the alleged violation with which he or she is charged and that he or she has a right to legal counsel at the hearing;

(3) the right to legal counsel if requested by the probationer to be assigned by the court in the same manner as in criminal cases;

(4) establishment of the alleged violation by a preponderance of the evidence by the State, if the probationer contests the allegation in open court;

(5) the maintenance of a record of the proceeding, which shall be preserved in such a manner that it can be transcribed as needed.

(b) An order revoking probation shall be appealable in the same manner as would be applicable to his or her original conviction.

(c) The State shall have the right to be represented by counsel in any revocation hearing.