Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 031 - GRADUATED SANCTIONS FOR TECHNICAL VIOLATIONS OF PROBATION IN LIEU OF COURT REFERRAL › Section 13 130 031 - GRADUATED SANCTIONS FOR TECHNICAL VIOLATIONS OF PROBATION IN LIEU OF COURT REFERRAL

Current through June, 2024
Section 1 Authority
8 V.S.A. § 256. The law requires that the Department
				  adopt rules pursuant to chapter 25 of Title 3 that establish graduated sanction
				  guidelines for probation violations as an alternative to arrest or citation
				  under section
				  301 of this
				  title.
Section 2 Purpose
The purpose of this administrative rule is to follow
				  legislative intent outlined in H. 792 allowing the Vermont Department of
				  Corrections to impose graduated sanctions in response to technical violations
				  of probation in lieu of filing a formal violation of probation with the
				  sentencing Court. Department of Corrections' policy is also to facilitate
				  successful completion of probation for offenders under their supervision before
				  requesting judicial intervention. This rule will establish guidelines for staff
				  in response to offender violation behavior.
Section 3 Applicability/Accessibility
All individuals and groups affected by the operations of the
				  Vermont Department of Corrections may have access to this rule.
Section 4 Definitions
Graduated Sanctions: Community-based interventions utilizing
				  a three-level matrix, imposed upon offenders who violate conditions of
				  probation in lieu of a formal violation of probation process.
Level 1, 2 and 3 Sanctions - Graduated responses that provide
				  clear guidance and consistency to staff when responding to severity. Sanctions
				  are progressive in nature and commensurate with the level of violation behavior
				  beginning at level 1 and progressing to level 3.
Level 1, 2 and 3 Violations - Progressive levels of technical
				  violations based on the severity of the behavior. Level 1 is the lowest
				  severity of behavior and level 3 is the highest. Violation levels increase as
				  the severity of the behavior increases. In some instances repetitions of the
				  same violation behavior can raise the levels from lower to higher depending on
				  the behavior and number of repeated violations.
Non Risk-related Violation: A violation of a condition of
				  probation which is not directly related to the risk to re-offend or to the
				  underlying offense.
Probation: A suspended or deferred sentence imposed by a
				  court under which an offender found guilty of a crime upon verdict or plea is
				  subject to conditions imposed by the court and placed under supervision of the
				  Commissioner of Corrections.
Risk-related Violation: A violation of a condition of
				  probation which is directly related to the offender's risk to re-offend or to
				  the underlying offense.
Technical Violation: A violation of a Court-ordered condition
				  of probation other than new criminal behavior.
Violation of Probation (VOP): A finding by the Court, in
				  accordance with
				  28 V.S.A. §
											302.
Section 5 Policy
A. The Vermont Department of Corrections
				provides supervision that incorporates the use of case management and offender
				accountability. Department of Corrections staff supports opportunities for
				probationers that result in the successful completion of probation.
i. A graduated sanctions matrix ( Attachment
				1 ) that corresponds to the offender's level of risk will be used at
				appropriate intervals to address technical violations. These interventions have
				as their goal the use of the least restrictive option necessary to bring the
				offender into compliance with Court requirements of their probation.
ii. Graduated Sanction should be the response
				to technical violations of probation conditions except where a graduated
				sanction is deemed inappropriate, or the behavior is:
a) Part of an established pattern that is
				reflected in the history of the offender and is associated with a significant
				and imminent threat to victim or public safety;
or
b)
				Represented by repeated non-compliance with probation conditions and/or
				previously imposed graduated sanctions.