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Terms Used In Vermont Statutes Title 28 Sec. 501a

  • Conviction: A judgement of guilt against a criminal defendant.
  • Inmate: means any person, not a child, committed to the custody of the Commissioner pursuant to the law of the State and subsequently committed to a correctional facility and any person confined at a correctional facility during the pendency of a prosecution against him or her. See
  • 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. See

§ 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.)