Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 014 - SUPERVISED COMMUNITY SENTENCE (SCS) › Section 13 130 014 - SUPERVISED COMMUNITY SENTENCE (SCS)

Current through June, 2024
DEPARTMENT OF CORRECTIONS AGENCY OF HUMAN SERVICES STATE OF
				  VERMONT
SUBJECT
EFFECTIVE
REVIEVED AND
SUPERSEDES
DATE
RE-ISSUED
SUPERVISED COMMUNITY SENTENCE
2/18/94
NEW
RECOMMENDED FOR APPROVAL BY:
AUTHORIZED BY:
[ILLEGIBLE SIGNATURE] SIGNATURE
[ILLEGIBLE SIGNATURE] SIGNATURE
AUTHORITY
Title
				  28
				  V.S.A. §
										353(4)
				  requires the commissioner to adopt rules regarding the supervision,
				  maintenance, treatment, and all attendant matters that apply to offenders
				  sentenced to a term of supervised community sentence.
PURPOSE
This policy provides guidance for developing recommendations
				  for the appropriateness of a supervised community sentence in individual cases.
				  It identifies the requirements for developing plans and conditions of
				  supervision in support of favorable recommendations for a supervised community
				  sentence. Finally, this policy authorizes and directs the development of
				  directives for supervised community sentence programs.
APPLICABILITY/ACCESSIBILITY
All individuals and groups affected by the operations of the
				  Department of Corrections. Anyone may have a copy of this policy.
POLICY
The commissioner will recommend supervised community sentence
				  (hereinafter SCS) only for offenders who meet the admissions criteria for
				  specific correctional programs developed pursuant to this policy. In order to
				  meet the intent of the statute, the department will develop correctional
				  programs for offenders placed on SCS. A directive will be developed for each
				  program. Courts, state's attorneys and public defenders will be kept informed
				  of the available programs for SCS.
A.
				ASSESSMENT
The department, at the request of the court, will assess
				  eligibility for each offender being considered for SCS.
An assessment will be performed as follows: if the criteria
				  in the first phase are met, the assessment is continued into the second phase.
				  If the first phase criteria are not met, the assessment is concluded with a
				  negative recommendation for SCS participation.
SCS participation may be considered as well in all
				  violations of probation. The department will prepare an assessment as in new
				  cases at the request of the court. The assessment will address, in addition to
				  the factors addressed in new cases, the quality of the offender's performance
				  while on probation supervision and the seriousness of the violation(s) of
				  probation.
First Phase:
1. The
				current conviction satisfies program admissions criteria for the SCS programs
				administered by the department; and
2. The offender has stated a willingness to
				abide by the conditions of SCS; and
3. The offender has, in the opinion of the
				department, a reasonable likelihood of completing SCS program requirements;
				and
4. The offender does not pose a
				serious risk of interpersonal violence to the community.
These criteria will be determined by a review of the
				  following:
1. Criminal and
				departmental records;
2.
				Circumstances surrounding the offense;
3. The offender's version of the offense(s)
				in question;
4. The offender's
				history of treatment and other efforts of rehabilitation;
5. Personal characteristics of the offender,
				including, but not limited to, age, lifestyle factors, history of drug and/or
				alcohol abuse, and stability of family life.
Second Phase:
The second phase assessment will determine what types of
				  program services are appropriate for the offender and are currently available
				  to carry out the purpose of a supervised community sentence. If potential
				  program resources are inadequate or unavailable, the assessment will result in
				  a negative recommendation.