reglab/statecodes huggingface dataset:
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 403. Powers and responsibilities of the Commissioner regarding parole

§ 403. Powers and responsibilities of the Commissioner regarding parole
The Commissioner is charged with the following powers and responsibilities regarding the administration of parole:
(1) To supervise and control persons placed on parole, subject to the rules and orders of the Parole Board as to the conditions of parole. The Commissioner 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 parole. 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;
(2) To detain for safekeeping at a correctional facility any parolee who allegedly has violated the terms of his or her parole, pending a conference with the Parole Board at its next regularly scheduled meeting, such period of detention not to exceed 30 days;
(3) To establish and provide as he or she deems necessary outpatient counseling and treatment services to persons paroled from, or on pre-parole release or conditional release from, confinement within the Department and, in his or her discretion, to require payment of reasonable fees for such services, if the person is financially able to make the payment;
(4) To establish and maintain a register of individuals who ask to be notified of the parole interview or review of an inmate by the Parole Board. The register shall constitute a confidential record that shall only be disclosed to persons within the Department specifically designated by the Commissioner;
(5) To provide written notification of the date, time, and place of a parole interview or review of an inmate by the Parole Board to an individual who asks to be notified of the parole interview or review. At least 30 days prior to the date of the interview or review, the notice shall be sent by first class mail, or by another most appropriate method, to the last address provided to the Department by the individual. A copy of the notice shall be provided to the Parole Board prior to the interview or review. Failure of the Department to provide the notice or provide it in a timely manner shall not affect the validity of proceedings conducted by the Parole Board. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 56, eff. April 29, 1998; 2007, No. 179 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 451. Creation of Board

§ 451. Creation of Board
(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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 43, eff. April 6, 1973; 1983, No. 89, § 1; 1997, No. 148 (Adj. Sess.), § 57, eff. April 29, 1998; 2005, No. 63, § 11.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 452. Official seal; records

§ 452. Official seal; records
(a) The Board shall adopt an official seal of which the courts shall take judicial notice.
(b) The Board shall keep a record of its acts and shall notify each correctional facility of its decisions relating to persons confined in that facility.
(c) [Repealed.] (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 58, eff. April 29, 1998; 2011, No. 139 (Adj. Sess.), § 23, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 170.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 453. Advisory board for pardons

§ 453. Advisory board for pardons
On request of the Governor, the Board shall act as an advisory board to assist or act for him or her in investigating or hearing matters pertaining to pardons, and may make recommendations to him or her regarding such matters. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 454. Finality of Parole Board determinations

§ 454. Finality of Parole Board determinations
The determinations of the Parole Board shall not be reviewable except as to compliance with the provisions of this chapter. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 455. Director

§ 455. Director
(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. (Added 2005, No. 63, § 14.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 456. Parole Board independence

§ 456. Parole Board independence
(a) The Parole Board shall be an independent and impartial body.
(b) In a pending parole revocation hearing, the Parole Board shall not be counseled by:
(1) Assistant Attorneys General; and
(2) any attorney employed by the Department of Corrections.
(c) If any attorney employed by the Department of Corrections or an Assistant Attorney General or the direct supervisor of an Assistant Attorney General who represents the Department of Corrections in parole revocation hearings provides training to the Parole Board members on the subject of parole revocation hearings, the Defender General shall be notified prior to the training and given the opportunity to participate. (Added 2015, No. 137 (Adj. Sess.), § 1, eff. May 25, 2016.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 501. Eligibility for parole consideration

§ 501. Eligibility for parole consideration
An inmate who is serving a sentence of imprisonment who is not eligible for presumptive parole pursuant to section 501a of this title shall be eligible for parole consideration as follows:
(1) If the inmate’s sentence has no minimum term or a zero minimum term, the inmate shall be eligible for parole consideration within 12 months after commitment to a correctional facility.
(2) If the inmate’s sentence has a minimum term, the inmate shall be eligible for parole consideration after the inmate has served the minimum term of the sentence. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1983, No. 89, § 2; 1993, No. 233 (Adj. Sess.), § 80, eff. June 21, 1994; 1997, No. 148 (Adj. Sess.), § 59, eff. April 29, 1998; 2001, No. 61, § 85, eff. June 16, 2001; 2019, No. 148 (Adj. Sess.), § 3, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 501a. Presumptive parole

§ 501a. Presumptive parole
An inmate who is serving a sentence of imprisonment shall be eligible for presumptive release in accordance with subsection 502a(e) of this title at the expiration of the inmate’s minimum or aggregate minimum term of imprisonment if the inmate:
(1) has acquired no new criminal conviction while incarcerated or on supervision for the current offense;
(2) has no outstanding warrants, detainers, commitments, or pending charges;
(3) is compliant with the required services and programming portion of the inmate’s case plan during the period of incarceration if the inmate is incarcerated for less than 90 days or is compliant for the 90 days preceding the completion of the inmate’s minimum term if the inmate is incarcerated for 90 days or more;
(4) is compliant with the conditions of supervision if the offender is supervised in the community on furlough during:
(A) the entire period of supervision if the term of supervision is less than 90 days; or
(B) the 90 days prior to the consideration of parole eligibility if the term of supervision is 90 days or more;
(5) has no major disciplinary rule violation or pending infractions during the period of incarceration if the inmate is incarcerated for less than 12 months or has no major disciplinary rule violations or pending infractions during the preceding 12 months if the inmate is incarcerated for 12 months or more;
(6) has not had parole revoked on the inmate’s current sentence; and
(7) is not serving a sentence for committing a crime specified in 33 V.S.A. § 5204(a). (Added 2019, No. 148 (Adj. Sess.), § 4, eff. Jan. 1, 2021; amended 2019, No. 148 (Adj. Sess.), § 5, eff. Jan. 1, 2023.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 502. Parole interviews and reviews

§ 502. Parole interviews and reviews
(a) The Board shall interview each inmate eligible for parole consideration under section 501 of this title before ordering the inmate released on parole. The Board shall consider all pertinent information regarding an inmate in order to determine the inmate’s eligibility for parole. The Board may grant parole only after an inmate is interviewed in accordance with this section. The Parole Board may conduct the interview in person, by telephone or videoconference, or by any other method it deems appropriate.
(b) An initial interview of the inmate shall occur at least 30 days prior to the date when the inmate becomes eligible for parole consideration under section 501 of this title.
(c) An inmate eligible for parole consideration shall, subsequent to the initial interview provided for above, be reviewed and interviewed thereafter, as follows:
(1) the Board shall review the inmate’s record once every 12 months;
(2) the Board shall conduct an interview of the inmate at the request of the Department; and
(3) upon written request of the inmate, the Board shall conduct an interview annually.
(d) The Board in its discretion may hear from attorneys or other persons with an interest in the case before the Board. A person presenting statements to the Board may be required to submit the statement in writing.
(e) Interviews and reviews shall be conducted in accordance with the rules and regulations established by the Board, which shall be consistent with this section.
(f) The Board, when formulating the conditions of a parole, shall take into consideration the emotional needs of the victim of an offender’s crime plus the needs of the victim’s family. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 60, eff. April 29, 1998; 2001, No. 61, § 86, eff. June 16, 2001; 2019, No. 148 (Adj. Sess.), § 6, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 502b. Terms and conditions of parole

§ 502b. Terms and conditions of parole
(a) When an inmate is paroled, the Parole Board shall establish terms and conditions of parole that it deems reasonably necessary to ensure that the inmate will lead a law-abiding life and that will assist the inmate to do so. Such terms and conditions shall be set forth in the parolee’s parole agreement. Terms and conditions of parole shall be designed to protect the victim, potential victims, and the public, and to reduce the risk of reoffense. 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; permitting a probation officer access to all computers or other digital or electronic media, mail covers, subscription services, and credit card statements; and if a probation officer has reasonable grounds to believe the offender has violated a parole condition, permitting a probation officer to monitor or examine the offender’s activities, communications, and use of any computer or other digital or electronic device, 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.
(b) The Parole Board may require a parolee as a condition of parole to participate, as a resident or nonresident, in programs at a treatment center for all or part of the period of parole, 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 Board, which shall thereupon make such other provision with respect to the person as it deems appropriate.
(c) A person residing in and participating in programs at a treatment center shall abide by the rules and regulations of the center and may be required to pay such costs incident to residents as the Commissioner deems appropriate. (Added 1997, No. 148 (Adj. Sess.), § 61, eff. April 29, 1998; 2009, No. 1, § 47.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 502c. Parole agreement

§ 502c. Parole agreement
(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. (Added 1997, No. 148 (Adj. Sess.), § 61, eff. April 29, 1998.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 503. Adoption of rules

§ 503. Adoption of rules
The Board may adopt such rules, consistent with the provisions of this chapter, as it considers proper or necessary regarding the eligibility of inmates for parole, the conduct of parole interviews and reviews, or the conditions to be applied to inmates released on parole and parole revocation. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 62, eff. April 29, 1998.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 504. Witnesses; production of records

§ 504. 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. 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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 505. Cooperation of correctional facility officials

§ 505. Cooperation of correctional facility officials
(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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2001, No. 61, § 87, eff. June 16, 2001; 2015, No. 23, § 131.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 506. Termination and discharge

§ 506. Termination and discharge
(a) If warranted by the conduct of the parolee and the ends of justice, the Board may terminate the period of parole supervision and discharge the parolee from parole supervision. Supervision of a parolee serving a life sentence may be terminated only after 15 years measured from the date of first confinement.
(b) The Board shall discharge the parolee at the expiration of the maximum term of his or her sentence.
(c) [Repealed.] (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2001, No. 134 (Adj. Sess.), § 7; 2003, No. 57, § 11, eff. July 1, 2004.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 507. Notification to victim and opportunity to testify

§ 507. Notification to victim and opportunity to testify
(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. (Added 1995, No. 170 (Adj. Sess.), § 21, eff. Sept. 1, 1996; amended 1999, No. 4, § 5; 2007, No. 174 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 551. Issuance of warrant; arrest without a warrant; confinement pending hearing; authority of correctional officers and law enforcement officers

§ 551. Issuance of warrant; arrest without a warrant; confinement pending hearing; authority of correctional officers and law enforcement officers
(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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 205 (Adj. Sess.), § 1; 1997, No. 148 (Adj. Sess.), § 89, eff. April 29, 1998; 1997, No. 152 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 551a. Law enforcement powers of correctional officers; training requirements

§ 551a. Law enforcement powers of correctional officers; training requirements
(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. (Added 1997, No. 152 (Adj. Sess.), § 6; amended 2013, No. 141 (Adj. Sess.), § 21, eff. July 1, 2015.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 552. Notification of Board; hearing

§ 552. Notification of Board; hearing
(a) Upon the arrest and detention of a parolee, the parole officer shall notify the Board immediately and shall submit in writing a report describing the alleged violation of a condition or conditions of the inmate’s parole.
(b) Upon receipt of the notification, or upon an arrest by warrant in accordance with the provisions of section 551 of this title, the Board shall cause the inmate together with a parole officer to be brought before it promptly for a hearing regarding the alleged violation. Parole officers may be represented by legal counsel, which shall be provided by the appropriate State’s Attorney or the Attorney General upon request, at hearings of the Parole Board.
(1) The hearing shall be conducted in accordance with such rules and regulations as the Board may adopt.
(2) If the alleged violation is established by substantial evidence, the Board may continue or revoke the parole, or enter such other order as it determines to be necessary or desirable.
(c) In the event of the withdrawal of any warrant by the authority of the Board, or in the event that the Board at the hearing on the alleged violation finds that the parolee did not violate any condition of his or her parole, or the law, the parolee shall be credited with any time lost by the interruption of the running of his or her sentence. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 553. Ineligibility for future parole

§ 553. Ineligibility for future parole
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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 109, § 11, eff. May 25, 1973.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 7 - Parole › § 554. Service of term for additional crime

§ 554. Service of term for additional crime
The Board may permit any parolee who commits a crime while on parole and who is convicted and sentenced therefor to serve the sentence concurrently with the term under which he or she is paroled. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 9 - Administration of the Correctional Facilities › § 601. Powers and responsibilities of the supervising officer of each correctional facility

§ 601. Powers and responsibilities of the supervising officer of each correctional facility
The supervising officer of each facility shall be responsible for the efficient and humane maintenance and operation and for the security of the facility, subject to the supervisory authority conferred by law upon the Commissioner. Each supervising officer is charged with the following powers and responsibilities:
(1) To receive, retain in confinement, and to release, in accordance with law, inmates duly committed to the Department and transferred to the facility, or duly committed to the facility.
(2) To enforce the provisions of law and the regulations of the Department for the administration of the facility, the government of its officers, and the treatment, training, employment, care, discipline, and custody of the inmates.
(3) To take proper measures to protect the safety of the inmates and personnel of the facility.
(4) To take proper measures to prevent the escape of inmates and to effect their recapture.
(5) To maintain and improve the buildings, grounds, and appurtenances of the facility.
(6) To make recommendations concerning the appointment of professional, technical, skilled, and other subordinate officers and employees for the facility.
(7) To establish and administer rules, including rules for the operation of the facility, consistent with the provisions of this title and the general policies and regulations of the Department.
(8) To give reasonable notice of promulgated rules and regulations to inmates confined at the facility.
(9) To maintain and preserve records on the management and operation of the facility, including records concerning any industries and wage funds of inmates, and to report thereon to the Commissioner at such times as the Commissioner may require.
(10) To establish and maintain, in accordance with such rules and regulations as are established by the Commissioner, records for each inmate. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2009, No. 58, § 20; 2015, No. 137 (Adj. Sess.), § 4, eff. May 25, 2016.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 701. Commitment to the custody of the Commissioner

§ 701. Commitment to the custody of the Commissioner
(a) When a person is convicted of an offense and the court commits him or her to a term of imprisonment, the commitment shall be to the custody of the Commissioner.
(b) The Commissioner shall have the authority to designate the place of confinement where the sentence shall be served.
(c) Whenever in this title or in any other law reference is made to the sentencing or confinement of inmates to any correctional facility under authority of the Department, such reference shall be construed to mean sentencing or confinement to the custody of the Commissioner rather than to any particular facility of the Department.
(d) The sentence of imprisonment of any person convicted of an offense shall commence to run from the date on which such person is received at a correctional facility. If any such person shall be committed to a jail or other place of detention to await transportation to the place in which his or her sentence is to be served, his or her sentence shall commence to run from the date on which he or she is received at such jail or other place of detention. (Added 1971, No. 199 (Adj. Sess.), § 20.)