Vermont Statutes Title 28 Sec. 303
Terms Used In Vermont Statutes Title 28 Sec. 303
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
§ 303. Grounds for revocation
(a) Probation shall not be revoked unless the probationer violates a condition of his or her probation or is convicted of another crime. The violation or conviction shall be both a necessary and a sufficient ground for the revocation of probation.
(b) The court shall not revoke probation and order the confinement of the probationer unless the court finds on the basis of the original offense and the intervening conduct of the probationer that:
(1) confinement is necessary to protect the community from further criminal activity by the probationer;
(2) the probationer is in need of correctional treatment which can most effectively be provided if he or she is confined; or
(3) it would unduly depreciate the seriousness of the violation if probation were not revoked. (Added 1971, No. 199 (Adj. Sess.), § 20.)