reglab/housing_qa huggingface dataset:
28 V.S.A. § 256
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 5 - Probation|§ 256. Graduated sanctions for technical violations

§ 256. Graduated sanctions for technical violations|(a) At any time before the discharge of the probationer or the termination of the period of probation if, in the judgment of the Commissioner, the probationer has violated a condition or conditions of his or her probation, other 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. (Added 2009, No. 146 (Adj. Sess.), § D8.)
28 V.S.A. § 302
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 5 - Probation|§ 302. Notice; hearing

§ 302. Notice; hearing|(a) The court shall not revoke probation without a proceeding conducted in open court. The procedure of such hearing shall include:  (1) the probationer has violated one or more conditions of probation; (2) aprior written notice to the probationer stating 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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 3.)
28 V.S.A. § 303
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 5 - Probation|§ 303. Grounds for revocation

§ 303. Grounds for revocation|(a) Probation shall not be revoked unless the probationer violates a condition of his or her probation or is convicted of another crime. The violation or conviction shall be both a necessary and a sufficient ground for the revocation of probation.(b) The court shall not revoke probation and order the confinement of the probationer unless the court finds on the basis of the original offense and the intervening conduct of the probationer that:  (1) confinement is necessary to protect the community from further criminal activity by the probationer; (2) the probationer is in need of correctional treatment which can most effectively be provided if he or she is confined; or (3) it would unduly depreciate the seriousness of the violation if probation were not revoked. (Added 1971, No. 199 (Adj. Sess.), § 20.)
28 V.S.A. § 304
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 5 - Probation|§ 304. Disposition alternatives upon violation of probation

§ 304. Disposition alternatives upon violation of probation|(a) If a violation is established by a proceeding conducted in accordance with section 302 of this title, the court may, in its discretion, revoke probation and require the probationer to serve the sentence that was 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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1989, No. 291 (Adj. Sess.), § 5; amended 2001, No. 124 (Adj. Sess.), § 12, eff. June 5, 2002; 2005, No. 63, § 8.)
28 V.S.A. § 305
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 5 - Probation|§ 305. Duration of alternative sentence

§ 305. Duration of alternative sentence|When a probationer who has paid a portion of a fine, as provided in subdivision 252(b)(7) of this title, is committed for a violation of the conditions of his or her probation, the amount so paid shall be stated in the mittimus and shall be taken into account in determining the expiration of the alternative sentence the same as though paid after commitment. (Added 1971, No. 199 (Adj. Sess.), § 20.)
28 V.S.A. § 351
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 351. Definitions

§ 351. Definitions|As used in this chapter:  (1) "Supervised community sentence" means a form of imprisonment to be served outside the walls of a correctional facility, subject to the rules of the Commissioner and subject to revocation and incarceration pursuant to this chapter. (2) "Alternative sentencing program" means a residential or nonresidential program operated by the Department or contracted with public or private agencies to provide any of a range of sanctions, treatment, or control functions, to include: half-way houses, day centers, community work programs, residential treatment centers, individual and group counseling, house arrest, electronic monitoring, and intensive supervision. (Added 1989, No. 291 (Adj. Sess.), § 4.)
28 V.S.A. § 352
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 352. Supervised community sentence

§ 352. Supervised community sentence|(a) At the request of the court, the Commissioner of Corrections shall prepare a preliminary assessment to determine whether an offender should be considered for a supervised community sentence.(b) Upon adjudication of guilt, a finding of violation of probation, or a finding of civil contempt, and only after the filing of a recommendation for supervised community sentence by the Commissioner of Corrections, the court may impose a sentence of imprisonment and order that all or part of the term of imprisonment be served in the community subject to the provisions of this chapter. Such a sentence shall not limit the court's authority to place a person on probation and to establish conditions of probation.(c) The conditions of a supervised community sentence shall be contained in a plan prepared by the Commissioner of Corrections as part of the presentence investigation and submitted to the court. The plan shall be designed to encourage the offender to lead a law-abiding life or assist the offender to do so, and to reasonably assure the safety of the community, repayment of any restitution, and performance of service to the community in compensation for the criminal act itself. The plan shall set forth the offender's responsibilities under the sentence, conditions of behavior, objectives for treatment and supervision, and the form of reparation to the community. The court may approve or reject but not modify the plan.(d) Conditions in a plan for a supervised community sentence may be changed by the Commissioner of Corrections by adding, deleting, or modifying a condition. The offender may request the Parole Board to review an addition, deletion, or modification that substantially changes the plan or that substantially alters the limits on the offender's liberty without good cause or an addition, deletion, or modification that is clearly unreasonable. The change shall go into effect pending the Parole Board's review, which shall be concluded promptly. The decision of the Parole Board shall be final. (Added 1989, No. 291 (Adj. Sess.), § 4; amended 2011, No. 119 (Adj. Sess.), § 10.)
28 V.S.A. § 353
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 353. Powers and responsibilities of the Commissioner of Corrections; supervised community sentence

§ 353. Powers and responsibilities of the Commissioner of Corrections; supervised community sentence|The Commissioner shall be charged with the following powers and responsibilities regarding the administration of supervised community sentences:  (1) To maintain general supervision and treatment of persons serving a supervised community sentence. (2) To establish alternative sentencing programs for the sanction, treatment, and control of offenders sentenced under this chapter and, in the Commissioner's discretion, to require payment of reasonable fees for such services. (3) To award grants to local private or public agencies for the development and operation of alternative community programs in furtherance of the goals and purposes of this chapter, in accordance with policies established in this chapter and within the limits of any appropriation made for this purpose. (4) In accordance with 3 V.S.A. chapter 25, to adopt rules consistent with the provisions of this chapter regarding the supervision, maintenance, treatment, and all attendant matters, including standards for the deletion, addition, and modification of conditions, to be applied to offenders sentenced to a term of imprisonment under a supervised community sentence. (5) To detain for safekeeping at a correctional facility any offender who allegedly has violated the conditions of supervision pending a hearing before the Parole Board. (6) To give to the Parole Board, or its properly accredited representatives, access at all reasonable times to any offender who has been sentenced under this chapter and provide the Board or its representatives such reports as the Board may require concerning the conduct of any offender under the supervision of the Commissioner and any other facts considered by the Board pertinent in determining whether the supervised community sentence should be revoked or continued. (Added 1989, No. 291 (Adj. Sess.), § 4.)
28 V.S.A. § 354
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 354. Rules of Parole Board

§ 354. Rules of Parole Board|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. (Added 1989, No. 291 (Adj. Sess.), § 4.)
28 V.S.A. § 361
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 361. Reduction of term

§ 361. Reduction of term|Each successful day completed by an offender serving a supervised community sentence while in the community shall be counted as one day served for the total sentence of imprisonment. So long as an offender is serving a supervised community sentence in the community, the offender shall not be awarded a reduction of term for good behavior pursuant to section 811 of this title. (Added 1989, No. 291 (Adj. Sess.), § 4.)
28 V.S.A. § 362
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 362. Duration of supervised community sentence

§ 362. Duration of supervised community sentence|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. (Added 1989, No. 291 (Adj. Sess.), § 4.)
28 V.S.A. § 363
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 363. Summons or arrest of person serving a supervised community sentence

§ 363. Summons or arrest of person serving a supervised community sentence|(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. (Added 1989, No. 291 (Adj. Sess.), § 4; amended 1997, No. 148 (Adj. Sess.), § 89, eff. April 29, 1998; 1997, No. 152 (Adj. Sess.), § 5.)
28 V.S.A. § 364
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 364. Release pending hearing

§ 364. Release pending hearing|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. (Added 1989, No. 291 (Adj. Sess.), § 4.)
28 V.S.A. § 365
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 365. Notification of Board; hearing

§ 365. Notification of Board; hearing|(a) Upon the arrest and detention of an offender, the supervising Corrections employee shall notify the Board immediately and shall submit in writing a report describing the alleged violation of a condition or conditions or alleged violation of law.(b) Upon receipt of the notification, or upon an arrest by warrant in accordance with this chapter, the Board shall cause the offender together with the supervising Corrections employee to be brought before it promptly for a hearing regarding the alleged violation. Corrections employees may be represented by legal counsel, which shall be provided by the State upon request, at hearings of the Parole Board. The offender shall have access to counsel as provided in parole revocation hearings.(c) The Board may not revoke the service of supervised community sentence outside a correctional facility without an administrative hearing conducted pursuant to the procedures and rules applicable to parolees under federal and State due process and chapter 7 of this title.(d) If the alleged violation is established by substantial evidence, the Board may enter such order as it determines to be necessary or desirable in accordance with this chapter.(e) Within a reasonable period of time, the Board shall provide to the offender a written statement containing the Board's determination whether a violation has been established, a short summary of the evidence relied on, the disposition imposed, and a short summary of the reasons for the disposition. (Added 1989, No. 291 (Adj. Sess.), § 4.)
28 V.S.A. § 371
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 371. Authority of the Parole Board

§ 371. Authority of the Parole Board|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. (Added 1989, No. 291 (Adj. Sess.), § 4.)
28 V.S.A. § 372
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 372. Disposition alternatives upon violation

§ 372. Disposition alternatives upon violation|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. (Added 1989, No. 291 (Adj. Sess.), § 4.)
28 V.S.A. § 373
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 373. Review of revocation

§ 373. Review of revocation|(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. (Added 1989, No. 291 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 238.)
28 V.S.A. § 374
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 6 - Supervised Community Sentence|§ 374. Witnesses; production of records

§ 374. Witnesses; production of records|(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.(b) The Criminal Division of the Superior Court, upon application of the Board, may 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.(c) All testimony given before the Board shall be given under oath. (Added 1989, No. 291 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 238.)
28 V.S.A. § 401
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 7 - Parole|§ 401. Construction

§ 401. Construction|This chapter shall be construed to provide a method of supervising the serving of a sentence through the provision of parole services, but is not intended to affect the constitutional power of the Governor to fully, partially, or conditionally pardon inmates. (Added 1971, No. 199 (Adj. Sess.), § 20.)
28 V.S.A. § 402
2021 Vermont Statutes|Title 28 - Public Institutions and Corrections|Chapter 7 - Parole|§ 402. Definitions

§ 402. Definitions|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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 55, eff. April 29, 1998; 2019, No. 148 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)