Current through February, 2024
Authority.
This rule is adopted pursuant to
28 V.S.A.
§§
256(b),
304(e),
and
1162(b)(2).
Purpose.
This rule establishes graduated sanction guidelines for
probation violations as an alternative to arrest, revocation, and imposition of
the original sentence.
Definitions.
As used in this Rule, "technical violation" means a
probationer's or youthful offender's violation of a court-ordered condition of
probation, other than a condition that the probationer pay restitution to the
Department of Corrections (DOC) or a violation which constitutes a new
crime.
As used in this Rule, "graduated sanction" means a
community-based intervention imposed by DOC in response to a probationer's or
youthful offender's technical violation in lieu of incarceration.
Graduated Sanctions.
Applicability
1. DOC may impose graduated sanctions for
technical violations in lieu of filing a probation violation complaint for:
a. Adult offenders on probation;
and
b. Youthful offenders on
probation, when authorized by the court.
2. DOC shall not impose graduated sanctions
in response to a probationer's or youthful offender's technical violations when
deemed inappropriate because the behavior is:
a. Part of a pattern of non-compliance and
poses an imminent threat to victim or public safety; or
b. Part of the probationer's or youthful
offender's repeated non-compliance and graduated sanctions have been
ineffective in compelling compliance.
3. DOC will file a violation of probation
complaint when:
a. It is in the interest of
public, victim, or the probationer's or youthful offender's safety;
or
b. Previous imposition of
graduated sanctions has not compelled the probationer's or youthful offender's
compliance; or
c. When the
probationer or youthful offender is convicted of a new crime.
Imposition of Graduated Sanctions
1. When considering whether to impose
graduated sanctions in response to noncompliant behavior, DOC staff will
review:
a. The seriousness of the violation
and the probationer's or youthful offender's overall behavior, including the
risk of harm the new behavior presents to the community, victim, and
probationer or youthful offender;
b. The likelihood the proposed sanction will
ensure the probationer's or youthful offender's compliance with probation
conditions and understanding of the impact of the non-compliant behavior;
and
c. The probationer's or
youthful offender's history of compliance with probation conditions.
2. Graduated sanctions shall be
commensurate with the severity of the non-compliant behavior. Repeated
non-compliant behavior will result in progressively restrictive graduated
sanctions or the filing of a probation violation complaint.
3. Graduated sanctions may include risk
control and/or risk-reduction strategies designed to provide a proportionate
consequence for non-compliant behavior.
a.
Risk control strategies deter non-compliant behavior through the imposition of
reprimands, warnings, or more restrictive requirements; and
b. Risk-reduction strategies promote
compliant behavior by providing the probationer or youthful offender
information, education, training, counseling, or treatment.
4. Types of graduated sanctions:
a. Level 1 sanctions are the least
restrictive sanctions and focus on discussions between the probationer or
youthful offender and the supervising Probation and Parole Officer. These
sanctions include, but are not limited to:
i.
Graduated sanction thinking report or other intervention that addresses
criminal thinking/behavior;
ii.
Apology (verbal or written);
iii.
Verbal warning;
iv. Relapse
prevention plan;
v. Written
essay/educational activities; and
vi. Increased staff contacts with the
offender for up to 30 days.
b. Level 2 sanctions impose additional
restrictions on the probationer or youthful offender and utilize restorative
justice principles to address risk-related, noncompliant behavior. These
sanctions include, but are not limited to:
i.
Referral for treatment assessment;
ii. Community service work for up to forty
hours;
iii. Curfew and/or
restriction to residence;
iv.
Increased reporting as directed for alcohol use monitoring, drug testing,
employment search, or other related activity;
v. Activities to address risk behaviors, such
as self-help;
vi. Imposition of
curfew or restriction to scheduled activities;
vii. Use of electronic monitoring equipment
in conjunction with a Level 1 sanction(s); and
viii. Any Level 1 sanction used in
conjunction with a Level 2 sanction.
c. Level 3 sanctions address risk-related,
non-compliant behavior by imposing any combination of Level 1 and Level 2
sanctions.
5.
Applicability of graduated sanctions:
a. Level
1 sanctions shall be imposed for a probationer's or youthful offender's:
i. first technical violation; or
ii. any subsequent violation, unless
graduated sanctions have been deemed inappropriate, or the probationer or
youthful offender has committed a technical violation in the preceding 90
days.
b. Level 2
sanctions shall be imposed when a probationer or youthful offender who is not
being supervised because of a conviction of a crime listed in
13 V.S.A. §
5301(7):
i. commits a risk-related technical
violation; or
ii. commits a
technical violation within 90 days after a previous violation.
c. Level 3 sanctions shall be
imposed when a probationer or youthful offender commits a technical violation
and:
i. is being supervised because of a
conviction of a crime listed in
13 V.S.A. §
5301(7); or
ii. is not being supervised because of a
conviction of a crime listed in
13 V.S.A. §
5301(7) and has previously
received a Level 2 sanction.
6. This rule does not preclude DOC staff from
filing a probation violation complaint or initiating the immediate arrest of a
probationer or youthful offender pursuant to
28 V.S.A. §
301(2) if the non-compliant
behavior constitutes a serious violation of probation.
STATUTORY AUTHORITY:
28 V.S.A.
§
256;
28
V.S.A. §
304(e); and
28 V.S.A.
§
1162(b)
(2).
