reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 4 - Protection of Purchasers › § 4-116. Statute of limitations for warranties

§ 4-116. Statute of limitations for warranties
(a) Unless a period of limitation is tolled under section 3-111 of this title or affected by subsection (d) of this section, a judicial proceeding for breach of any obligation arising under section 4-113 or 4-114 of this title shall be commenced within six years after the cause of action accrues, but the parties may agree to reduce the period of limitation to not less than two years. An agreement to reduce the six-year period shall be evidenced by a separate instrument executed by the purchaser.
(b) Subject to subsection (c) of this section, a cause of action for breach of warranty of quality, regardless of the purchaser’s lack of knowledge of the breach, accrues:
(1) as to a unit, at the time the purchaser to whom the warranty is first made enters into possession if a possessory interest was conveyed or at the time of acceptance of the instrument of conveyance if a nonpossessory interest was conveyed; and
(2) as to each common element, at the time the common element is completed or, if later, as to:
(A) a common element that may be added to the common interest community or portion of it, at the time the first unit is conveyed to a bona fide purchaser; or
(B) a common element within any other portion of the common interest community, at the time the first unit is conveyed to a bona fide purchaser.
(c) If a warranty of quality explicitly extends to future performance or duration of any improvement or component of the common interest community, the cause of action accrues at the time the breach is discovered or at the end of the period for which the warranty explicitly extends, whichever is earlier.
(d) During the period of declarant control, the association may authorize an independent committee of the executive board to evaluate and enforce by any lawful means warranty claims involving the common elements, and to compromise those claims. Only members of the executive board elected by unit owners other than the declarant and other persons appointed by those independent members may serve on the committee, and the committee’s decision must be free of any control by the declarant or any member of the executive board or officer appointed by the declarant. All costs reasonably incurred by the committee, including attorney’s fees, are common expenses, and must be added to the budget annually adopted by the association under section 3-115 of this title. If the committee is so created, the period of limitation for a warranty claim considered by the committee begins to run from the date of the first meeting of the committee. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 46, eff. Jan. 1, 2012.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 4 - Protection of Purchasers › § 4-117. Effect of violations on rights of action

§ 4-117. Effect of violations on rights of action
(a) A declarant, association, unit owner, or any other person subject to this title may bring an action to enforce a right granted or obligation imposed by this title, the declaration, or the bylaws. The court may award reasonable attorney fees and costs.
(b) Parties to a dispute arising under this title, the declaration, or the bylaws may agree to resolve the dispute by any form of binding or nonbinding alternative dispute resolution, but:
(1) a declarant may agree with the association to do so only after the period of declarant control has expired unless the agreement is made with an independent committee of the executive board elected pursuant to subsection 4-116(d) of this title; and
(2) an agreement to submit to any form of binding alternative dispute resolution must be in a record authenticated by the parties. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999; amended 2009, No. 155 (Adj. Sess.), § 47, eff. Jan. 1, 2012.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 4 - Protection of Purchasers › § 4-118. Labeling of promotional material

§ 4-118. Labeling of promotional material
No promotional material may be displayed or delivered to prospective purchasers that describes an improvement that is not in existence unless the description of the improvement in the promotional material is conspicuously labeled or identified either as “must be built” or as “need not be built.” (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 4 - Protection of Purchasers › § 4-119. Declarant’s obligation to complete and restore

§ 4-119. Declarant’s obligation to complete and restore
(a) Unless an improvement is labeled “need not be built,” the declarant shall complete all improvements depicted on any site plan or other graphic representation if the site plan or other graphic representation is contained in the public offering statement or in any promotional material distributed by or for the declarant.
(b) The declarant is subject to liability for the prompt repair and restoration, to a condition compatible with the remainder of the common interest community, of any portion of the common interest community affected by the exercise of rights reserved pursuant to or created by section 2-110, 2-111, 2-112, 2-113, 2-115, or 2-116 of this title. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 27A - Uniform Common Interest Ownership Act (1994) › Article 4 - Protection of Purchasers › § 4-120. Substantial completion of units

§ 4-120. Substantial completion of units
If delivery of a public offering statement is required for the sale of a unit, a contract of sale may be executed, but interest in that unit shall be conveyed only after the declaration is recorded and the unit is substantially completed, as evidenced by a recorded certificate of substantial completion executed by an independent architect, professional surveyor, or engineer, or by issuance of a certificate of occupancy. (Added 1997, No. 104 (Adj. Sess.), § 3, eff. Jan. 1, 1999.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 1 - Purposes, Construction, and General Definitions › § 1. Purposes

§ 1. Purposes
(a) The Department of Corrections created by 3 V.S.A. § 3081 shall have the purpose of developing and administering a correctional program designed to protect persons and property against offenders of the criminal law and to render treatment to offenders with the goal of achieving their successful return and participation as citizens of the State and community, to foster their human dignity and to preserve the human resources of the community.
(b) The Department shall formulate its programs and policies recognizing that almost all criminal offenders ultimately return to the community, and that the traditional institutional prisons fail to reform or rehabilitate, operating instead to increase the risk of continued criminal acts following release. The Department shall develop and implement a comprehensive program that will provide necessary closed custodial confinement of frequent, dangerous offenders, but that also will establish as its primary objective the disciplined preparation of offenders for their responsible roles in the open community. The Department shall ensure that the comprehensive program required by this subsection includes a process by which each offender sentenced to any term of imprisonment other than for life without parole, within 30 days after receiving his or her sentence, shall begin to develop and implement a plan preparing for return to the community.
(c) In order to implement its programs and policies the Department shall develop and maintain correctional facilities that shall include both residence-centered institutions and facilities reflecting nonresidence principles designed to facilitate the reintegration of the offender into the community. These facilities shall utilize the supporting resources of probation and parole services, the increased cooperation of personnel in the fields of welfare, health, and education, and the increased participation of the citizens of the State in attempts to achieve correctional purposes and objectives. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2005, No. 63, § 17.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 1 - Purposes, Construction, and General Definitions › § 2. Construction

§ 2. Construction
(a) The provisions of this title shall be liberally construed in order to effectuate the general purposes stated in section 1 of this title.
(b) The discretionary powers authorized by this title shall be exercised in accordance with the criteria stated in the title. If these criteria are not dispositive in a particular instance, the general purposes established in section 1 of this title shall be controlling. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 1 - Purposes, Construction, and General Definitions › § 2a. Restorative justice

§ 2a. Restorative justice
(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. (Added 1999, No. 148 (Adj. Sess.), § 62, eff. May 24, 2000; amended 2011, No. 119 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 1 - Purposes, Construction, and General Definitions › § 4. Standard measure of recidivism

§ 4. Standard measure of recidivism
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. (Added 2013, No. 41, § 1, eff. May 20, 2013.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 3 - Administration of the Department › § 101. Powers of the Department

§ 101. Powers of the Department
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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1981, No. 185 (Adj. Sess.), § 1, eff. April 22, 1982; 1997, No. 147 (Adj. Sess.), § 106b; 1999, No. 148 (Adj. Sess.), § 64, eff. May 24, 2000.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 3 - Administration of the Department › § 103. Inquiries and investigations into the administration of the Department

§ 103. Inquiries and investigations into the administration of the Department
(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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 185.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 3 - Administration of the Department › § 104. Notification of community placements

§ 104. Notification of community placements
(a) The Department shall provide notice when appropriate and at the Department’s sole discretion to affected State, county, and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community whenever an offender is released under furlough after serving a sentence of incarceration in a correctional facility. The notice may include the offender’s name and any aliases, a recent photograph and physical description, community placement address, criminal history, current offense or offenses, and home address, plus a description and license number of any motor vehicle used by the offender, and the name, address, and telephone number of the correctional entity supervising the offender.
(b) The Department shall provide notice to affected State, county, and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community, at the point at which the Department has made arrangements to house in any apartment, duplex, or other kind of housing three or more offenders. If the housing concerned was not previously used to house offenders, such notice shall be given at least 15 days prior to placing any offender in such housing. If the housing concerned had previously housed one or two offenders only, such notice shall be given at least 15 days prior to placing a third offender in such housing.
(c) The Commissioner shall not implement this section until rules for doing so have been adopted. Such rules shall be adopted not later than September 1, 1999 through use of emergency rule-making procedures, if necessary.
(d) [Repealed.]
(e) The Commissioner of Corrections shall annually, by January 15, report to the House Committee on Corrections and Institutions and the Senate Committee on Institutions on the implementation of this section during the previous 12 months. (Added 1999, No. 29, § 56, eff. May 19, 1999; amended 1999, No. 148 (Adj. Sess.), § 69, eff. May 24, 2000; 2011, No. 139 (Adj. Sess.), § 22, eff. May 14, 2012.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 3 - Administration of the Department › § 106. Systems approach to community supervision of sex offenders

§ 106. Systems approach to community supervision of sex offenders
(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. (Added 2009, No. 1, § 42.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 3 - Administration of the Department › § 120. Department of Corrections education program; independent school

§ 120. Department of Corrections education program; independent school
(a) Authority. An education program is established within the Department of Corrections for the education of persons who have not completed secondary education or are assessed to have a moderate-to-high criminogenic need by one or more corrections risk assessments and who are committed to the custody of the Commissioner.
(b) Applicability of education provisions. The education program shall be approved by the State Board of Education as an independent school under 16 V.S.A. § 166, and shall be coordinated with adult education, special education, and career technical education.
(c) Program supervision. The Commissioner of Corrections shall appoint a licensed administrator under 16 V.S.A. chapter 51 to serve as the Headmaster of Correction Education and coordinate use of other education programs by persons under the supervision of the Commissioner.
(d) Curriculum. The education program shall offer a minimum course of study, as defined in 16 V.S.A. § 906, and special education programs in accordance with the program description used for independent school approval.
(e) [Repealed.]
(f) Reimbursement payments. The provision of 16 V.S.A. § 4012, relating to payment for State-placed students, shall not apply to the Corrections education program.
(g) [Repealed.]
(h) Required participation. All persons under the custody of the Commissioner who are under 23 years of age and have not received a high school diploma, or are assessed to have a moderate-to-high criminogenic need and are within 24 months of reentry shall participate in an education program. The Commissioner may approve the participation of other students, including individuals who are enrolled in an alternative justice or diversion program. (Added 1987, No. 207 (Adj. Sess.), § 2; amended 1991, No. 204 (Adj. Sess.), § 11; 1997, No. 84 (Adj. Sess.), § 1; 2001, No. 149 (Adj. Sess.), §§ 38, 39, eff. June 27, 2002; 2007, No. 64, § 4; 2007, No. 192 (Adj. Sess.), § 6.030; 2011, No. 63, § E.337; 2011, No. 88 (Adj. Sess.), § 1, eff. April 25, 2012; 2013, No. 92 (Adj. Sess.), § 302, eff. Feb. 14, 2014; 2015, No. 23, § 29; 2015, No. 58, § E.337; 2015, No. 172 (Adj. Sess.), § E.337; 2019, No. 131 (Adj. Sess.), § 282.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 3 - Administration of the Department › § 121. Community High School of Vermont Board

§ 121. Community High School of Vermont Board
(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. (Added 2001, No. 149 (Adj. Sess.), § 36, eff. June 27, 2002; amended 2011, No. 88 (Adj. Sess.), § 2, eff. April 25, 2012; 2013, No. 92 (Adj. Sess.), § 279, eff. Feb. 14, 2014.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 3 - Administration of the Department › § 122. Contracting for programming and services

§ 122. Contracting for programming and services
For the purpose of securing programming and services for offenders, the Department of Corrections shall publicly advertise or invite three or more bids. The contract for any such programming and services shall be awarded to one of the three lowest responsible bidders, conforming to specification, with consideration being given to the time required for provision of services, the purpose for which it is required, competency and responsibility of bidder, and his or her ability to render satisfactory services; but the Commissioner with the approval of the Secretary of Human Services shall have the right to reject any and all bids and to invite other bids. (Added 2011, No. 41, § 11a.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 3 - Administration of the Department › § 124. Department of Corrections; Corrections Investigative Unit

§ 124. Department of Corrections; Corrections Investigative Unit
(a) Creation. There is created the Corrections Investigative Unit (CIU) within the Department. The CIU shall investigate the following topics to comply with federal law and to identify systemic issues within the Department:
(1) allegations of violations of the Prison Rape Elimination Act;
(2) major events that occur in the Department, including the death of an individual in the custody of the Department or the escape of an individual from a facility or the custody of Department staff;
(3) Department compliance with policies, procedures, and directives;
(4) the movement of contraband in facilities; and
(5) threats against the personal safety of Department employees and individuals in the custody of the Department.
(b) Staff. The Commissioner of Corrections shall appoint and employ sufficient staff and adopt the necessary procedures for the CIU to carry out the duties required under this section.
(c) Coordination. The CIU shall coordinate with outside investigative agencies and law enforcement agencies concerning criminal allegations and shall coordinate with a designated point of contact at the Department of Human Resources on employee misconduct investigations and disciplinary actions. The CIU shall conduct personal safety planning as necessary for employees who receive threats.
(d) Employee rights.
(1) An employee who is subject to questioning or investigation by the CIU shall be entitled to all procedural and substantive rights afforded to the employee by State and federal law and any applicable collective bargaining agreement or employment contract, including any contractual rights that apply to proceedings or investigations that may result in an adverse employment action.
(2) Information gathered by the CIU in the course of an investigation shall be subject to discovery pursuant to the applicable rules of the Vermont Labor Relations Board or a court of competent jurisdiction, as appropriate.
(e) Collective bargaining. Nothing in this section shall be construed to limit the right of the State and the employee organization to collectively bargain with respect to matters related to investigations and employee discipline that are not otherwise controlled by statute. (Added 2021, No. 56, § 5.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 200. Purpose of probation

§ 200. Purpose of probation
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. (Added 2021, No. 24, § 1.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 201. Definitions

§ 201. Definitions
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. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 202. Powers and responsibilities of the Commissioner regarding probation

§ 202. Powers and responsibilities of the Commissioner regarding probation
The Commissioner shall be charged with the following powers and responsibilities regarding the administration of probation:
(1) To maintain general supervision of persons placed on probation, and to prescribe rules, consistent with any orders of the court, governing the conduct of such persons.
(2) To supervise the administration of probation services and establish policies and standards and make rules regarding probation investigation, supervision, case work and case loads, record keeping, and the qualification of probation officers.
(3) To 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 probation. Transdermal alcohol monitoring equipment shall be used for such purposes as discouraging persons whose licenses have been suspended for DUI from operating motor vehicles on Vermont highways. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2007, No. 179 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 203. Probation warrant

§ 203. Probation warrant
(a) Whenever a probationer is placed in the custody of the Commissioner, the court shall furnish the Commissioner with a warrant setting forth the name of the probationer, the nature of the crime of which he or she was convicted, the date and place of trial and sentence, the sentence imposed, the order of the court committing him or her to the charge of the Commissioner, and the conditions of his or her release.
(b) The warrant shall be full authority for the exercise by the Commissioner of all the rights and powers over and in relation to the probationer prescribed by law and by the order of the court.
(c) The warrant shall be sufficient authority for the apprehension and detention of the probationer by the Commissioner or by any officer acting under his or her direction at any time or place. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 204b. High-risk sex offenders

§ 204b. High-risk sex offenders
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. (Added 2009, No. 1, § 44.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 206. Expenses of probationer

§ 206. Expenses of probationer
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. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 207. Final judgment

§ 207. Final judgment
Notwithstanding the fact that a sentence to probation can subsequently be modified or revoked in accordance with subchapters 2 and 3 of this chapter, a judgment that includes such a sentence shall constitute a final judgment for all other purposes. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 251. Duration of probation

§ 251. Duration of probation
(a) The court placing a person on probation may terminate the period of probation and discharge the person at any time if such termination is warranted by the conduct of the offender and the ends of justice.
(b)(1) Upon the Commissioner’s motion to discharge pursuant to subsection 252(d) of this title, the sentencing court shall terminate the period of probation and discharge the person at the midpoint of the probation term unless the prosecutor seeks a continuation of probation within 21 days following receipt of notice of the Commissioner’s motion, and:
(A) the court finds by a preponderance of the evidence that termination and discharge will present a risk of danger to the victim of the offense or to the community; or
(B) the court finds by clear and convincing evidence that the probationer is not substantially in compliance with the conditions of probation that are related to the probationer’s rehabilitation or to victim or community safety.
(2) If the court grants the prosecutor’s motion to continue probation, it may continue probation for the full term or any portion thereof. The court shall also review the conditions of probation and remove any conditions that are no longer necessary for the remainder of the term.
(3) Notwithstanding 1 V.S.A. § 214, this subsection shall apply retroactively to any probationer serving a specified term of probation.
(c) A probationer shall not be deemed ineligible for discharge or term reduction due to unpaid restitution, fees, or surcharges. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2021, No. 24, § 3; 2021, No. 94 (Adj. Sess.), § 2, eff. April 21, 2022.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 252a. Review of probation conditions

§ 252a. Review of probation conditions
(a) When the court imposes a sentence upon a defendant who has been convicted of an offense enumerated in section 204a of this title that includes a period of incarceration of more than one year to serve to be followed by probation, the court may make the probation contingent on the offender fulfilling specific stated conditions, such as taking part in treatment while incarcerated, and may modify, following a hearing pursuant to subsection (c) of this section, the conditions of probation if a violation has occurred. The court shall review the probation conditions imposed at the time of sentencing after the incarceration portion of the sentence has been served, and prior to the offender’s release to probation. Such review shall include information about the offender developed after the date of sentencing, including information about the offender’s incarceration period.
(b) For an offender whose probation is contingent on fulfilling conditions pursuant to subsection (a) of this section, the Department of Corrections shall prepare a prerelease probation report to the court at least 30 days prior to the release based upon information available to the Department. The prerelease probation report shall include the offender’s degree of participation in treatment while incarcerated, whether conditions imposed under subsection (a) of this section were complied with, and other information relevant to the offender’s release to the probationary sentence. The Department of Corrections shall provide a copy of the prerelease probation report to the attorney for the offender and the prosecuting attorney at the same time it provides the report to the court.
(c) If the Commissioner of Corrections believes the offender has violated a condition imposed under subsection (a) of this section, he or she may recommend a change to the original probation order. In this case, the court shall schedule a modification hearing prior to the release date. The court may modify the conditions or add further requirements as authorized by section 252 of this title. The offender shall have a reasonable opportunity to contest the modification prior to its imposition. The prosecuting attorney shall represent the State in connection with any proceeding held in accordance with this section. (Added 2009, No. 1, § 38.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 253. Modification of conditions; revocations

§ 253. Modification of conditions; revocations
(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.] (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1981, No. 223 (Adj. Sess.), § 19; 2003, No. 57, § 8, eff. July 1, 2004.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 254. Attendance at treatment facility

§ 254. Attendance at treatment facility
(a) The court may require a person as a condition of probation to participate as a resident or nonresident in programs at a treatment center for all or part of the period of probation, provided that the Commissioner certifies that adequate treatment facilities, personnel, and programs are available. If the Commissioner determines that the person’s residence in the center or participation in its programs, or both, should be terminated, because the person can derive no further significant benefits from such residence or participation, or both, or because his or her residence or participation adversely affects the rehabilitation of other residents or participants, he or she shall so notify the court, which shall thereupon, by order, make such other provision with respect to the person on probation as it deems appropriate.
(b) A person residing in or participating in a program at a treatment center shall be required to abide by the rules and regulations of the center and may be required to pay such cost incident to residence as the Commissioner deems appropriate. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 5 - Probation › § 255. Discharge

§ 255. Discharge
(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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2001, No. 134 (Adj. Sess.), § 6; 2003, No. 57, § 9, eff. July 1, 2004; 2009, No. 1, § 41.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)