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Terms Used In Vermont Statutes Title 28 Sec. 256

  • Arrest: Taking physical custody of a person by lawful authority.
  • Commissioner: means the Commissioner of Corrections. See
  • Department: means the Department of Corrections. See
  • probation: means a procedure under which a respondent, found guilty of a crime upon verdict or plea, is released by the court, without confinement, subject to conditions imposed by the court and subject to the supervision of the Commissioner. See
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

§ 256. Graduated sanctions for technical violations

(a) At any time before the discharge of the probationer or the termination of the period of probation if, in the judgment of the Commissioner, the probationer has violated a condition or conditions of his or her probation, other than a condition that the probationer pay restitution to the Department or a violation which constitutes a new crime, the Commissioner may sanction the probationer in accordance with rules adopted pursuant to subsection (b) of this section. However, no probationer shall be incarcerated except pursuant to the provisions of subchapter 3 of this chapter.

(b) The Department of Corrections shall adopt rules pursuant to 3 Vt. Stat. Ann. chapter 25 that establish graduated sanction guidelines for probation violations as an alternative to arrest or citation under section 301 of this title. (Added 2009, No. 146 (Adj. Sess.), § D8.)