Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 018 - SUPERVISION FEES FOR OFFENDERS UNDER FIELD SUPERVISION BY THE DOC › Section 13 130 018 - SUPERVISION FEES FOR OFFENDERS UNDER FIELD SUPERVISION BY THE DOC

Current through June, 2024
Section 1 Authority
28 V.S.A, Chapter 3, §
										102(c)
				  (14).
Pursuant to statute, the Commissioner is responsible for
				  seeing that the Vermont Department of Corrections collects a supervisory fee up
				  to the amount of $ 30 per month from each offender under the supervision of the
				  Department who is on probation, furlough, pre-approved furlough, supervised
				  community sentence, or parole. The law indicates that the Commissioner will
				  adopt rules governing the collection of the supervisory fees, to include the
				  following: maximum period of time offenders are subject to supervision fees and
				  the offender's ability to pay.
Section
				2 Purpose
The purpose of this administrative rule is to set standards
				  for Department assessment of offender payment of supervision fees, including
				  determination of ability to pay, as required in statute. Collection of
				  supervision fees will be used to offset some of the Department's cost of
				  supervising offenders in the community. The Department will collect a
				  supervision fee of up to $ 30 per month, as allowed by statute, from each
				  offender under Department community supervision, except as noted in section
				  5.
Section 3 Definitions
Community Restitution Program: An intermediate sanction
				  program in the reparative track in which an offender performs community work
				  service on a Community Service Team or agency supervised team for up to 60
				  days. The program is designed to be an alternative to a short incarcerative
				  sentence.
Furlough: An extension of the limits of confinement of an
				  inmate to locations outside a correctional facility.
Intake: An initial meeting where an offender shares
				  identifying information, criminal history, risk issues, and other necessary
				  information with the Caseworker/Probation Officer.
Payment Contract: The Department form which is completed by
				  staff to assess an offender's ability to pay a supervision fee. Ability to pay
				  is based on whether or not the offender meets one of the requirements for an
				  exemption.
Parole: 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.
Pre-Approved Furlough (PAF): The legal status in which an
				  offender is sentenced to serve a term of imprisonment, but is placed by a court
				  on furlough to participate in such programs administered by the Department that
				  reduce the offender's risk to reoffend.
Probation: The legal status a court may impose on a defendant
				  that suspends all or part of the sentence and places the person in the care and
				  custody of the Commissioner of Corrections, upon such conditions and for such
				  time as it may prescribe, in accordance with law, or until further order of the
				  court.
Supervised Community Sentence (SCS ): A court-imposed
				  sentence of incarceration to be served in a community setting subject to the
				  rules of the Commissioner of Corrections. These offenders are under the
				  jurisdiction of the Parole Board.
Supervision: The authority or oversight exercised by
				  supervising authorities of the Department over an offender for a period of time
				  determined by a court or releasing authority, during which the offender is
				  required to report to, or be monitored by, supervising authorities. This
				  includes any condition or requirement imposed on the offender at the time of
				  the offender's release to the community or during the period of supervision in
				  the community.
Tax Setoff Debt Collection: A process by which the Department
				  may submit claims to the Tax Department for collection of offender debts of $
				  50 or more.
Section 4
				Guidelines for the Collection of Supervision Fees
a. Statute allows the Department to collect a
				supervisory fee of up to $ 30 per month from offenders under the supervision of
				the Department and in the community on the following legal statuses: probation,
				furlough, pre-approved furlough, supervised community sentence, or
				parole.
b. The Probation and Parole
				Officer (PO) will assess supervision fees at intake using the questions on the
				Payment Contract. If the offender is exempt from paying the supervision fee,
				the PO will indicate on the form the reason(s) why. A copy of this form will be
				placed in the offender file, and staff will document the information in the
				Department electronic database.
c.
				After assessing the supervision fees, the PO will inform the offender of their
				responsibilities concerning supervision fees. This will include the amount and
				the place of payment. The Department will determine the place and appropriate
				method of payment.
d. The
				Department will establish time frames to re-assess the eligibility of offenders
				exempted from payment of fees.
e.
				The offender will only be charged a supervision fee while on a supervision
				status that requires payment of the fees. Upon closure of an offender's case,
				any unpaid supervision fee balances over $ 50 will be sent to tax
				setoff.