§ 7030. Sentencing alternatives

(a) In determining which of the following should be ordered, the court shall consider the nature and circumstances of the crime; the history and character of the defendant; the defendant’s family circumstances and relationships; the impact of any sentence upon the defendant’s minor children; the need for treatment; and the risk to self, others, and the community at large presented by the defendant:

(1) A deferred sentence pursuant to section 7041 of this title.

(2) Referral to a community reparative board pursuant to 28 Vt. Stat. Ann. chapter 12 in the case of an offender who has pled guilty to a nonviolent felony, a nonviolent misdemeanor, or a misdemeanor that does not involve the subject areas prohibited for referral to a community justice center under 24 V.S.A. § 1967. Referral to a community reparative board pursuant to this subdivision does not require the court to place the offender on probation. The offender shall return to court for further sentencing if the reparative board does not accept the case or if the offender fails to complete the reparative board program to the satisfaction of the board in a time deemed reasonable by the board.

(3) Probation pursuant to 28 V.S.A. § 205.

(4) Supervised community sentence pursuant to 28 V.S.A. § 352.

(5) Sentence of imprisonment.

(b) When ordering a sentence of probation, the court may require participation in the Restorative Justice Program established by 28 Vt. Stat. Ann. chapter 12 as a condition of the sentence. (Added 1989, No. 291 (Adj. Sess.), § 2; amended 1999, No. 148 (Adj. Sess.), § 61, eff. May 24, 2000; 2009, No. 146 (Adj. Sess.), § D11; 2021, No. 104 (Adj. Sess.), § 2, eff. July 1, 2022.)