Vermont § 252 - Conditions of probation and midpoint review

§ 252. Conditions of probation and midpoint review

• (a) Conditions, generally. The conditions of probation shall be such as the court in its discretion deems reasonably
  necessary to ensure that the offender will lead a law-abiding life or to assist the
  offender to do so. The court shall provide as an explicit condition of every sentence
  to probation that if the offender is convicted of another offense during the period
  for which the sentence remains subject to revocation, then the court may impose revocation
  of the offender’s probation. (b) Probation conditions. When imposing a sentence of probation, the court may, as a condition of probation,
  require that the offender: (1) Work faithfully at a suitable employment or faithfully pursue a course of study or
  of vocational training that will equip the offender for suitable employment. (2) Work faithfully for a prescribed number of hours at community service activity acceptable
  to the court, or if so ordered by the court, acceptable to a probation officer. (3) Undergo available medical or psychiatric treatment and remain at a specified institution
  if required for that purpose. (4) Attend or reside at a facility established for the instruction, recreation, or residence
  of persons on probation. (5) Support the offender’s dependents and meet other family responsibilities. (6) Make restitution or reparation to the victim of his or her conduct, or to the Victims’
  Compensation Fund to the extent it has made payment to or on behalf of the victim
  in accordance with 13 V.S.A. chapter 167, for the damage or injury that was sustained. When restitution or reparation is a
  condition of the sentence, the court, in accordance with 13 V.S.A. § 7043, shall fix the amount thereof, which shall not exceed an amount the defendant can
  or will be able to pay, and shall fix the manner of performance. (7) Pay a fine authorized in accordance with law. (8) Refrain from purchasing or possessing a firearm or ammunition therefor, destructive
  device, or other dangerous weapon unless granted written permission by the court or
  probation officer. (9) Report to a probation officer at reasonable times as directed by the court or the
  probation officer. (10) Permit the probation officer to visit the offender at reasonable times at his or her
  home or elsewhere. (11) Remain within the jurisdiction of the court, unless granted permission to leave by
  the court or the probation officer. (12) Answer all reasonable inquiries by the probation officer and promptly notify the probation
  officer of any change in address or employment. (13) Not in any way harass the victim or the family of the victim. (14) Not contact the victim, unless this condition is specifically waived by the victim. (15) Participate in the Restorative Justice Program conducted by a community reparative
  board, pursuant to chapter 12 of this title. The court may direct a reparative board
  to assist in determining restitution to the victim, as provided by subdivision (6)
  of this subsection. (16) Submit to periodic polygraph testing if the offender is being placed on probation
  for a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3. (17) If the probation officer has reasonable grounds to believe the offender has violated
  a probation condition, permit a probation officer or designee to monitor or examine
  the offender’s activities, communications, and use of any computer or other digital
  or electronic media, including cell phone, smartphone, digital camera, digital video
  camera, digital music player or recorder, digital video player or recorder, personal
  digital assistant, portable electronic storage device, gaming system, or any other
  contemporary device capable of the storage of digital electronic communication or
  data storage or access to the internet or other computer or digital network. (18) Satisfy any other conditions reasonably related to his or her rehabilitation. Such
  conditions may include prohibiting the use of alcohol, prohibiting having contact
  with minors, prohibiting or limiting the use of a computer or other electronic devices,
  and permitting a probation officer access to all computers or other digital or electronic
  media, mail covers, subscription services, and credit card statements. The court shall
  not impose a condition prohibiting the offender from engaging in any legal behavior
  unless the condition is reasonably related to the offender’s rehabilitation or necessary
  to reduce risk to public safety. (c) Certificate. When an offender is placed on probation, he or she shall be given a certificate explicitly
  setting forth the conditions upon which he or she is being released. (d) Review and recommendation for discharge. (1) The Commissioner shall review the record of each probationer serving a specified term
  during the month prior to the midpoint of that probationer’s specified term and shall
  file a motion requesting the sentencing court to dismiss the probationer from probation
  if the offender: (A) has not been found by the court to have violated the conditions of probation in the
  six months prior to the review; (B) is not serving a sentence for committing a crime specified in 13 V.S.A. chapter 19, subchapters 6 and 7; 13 V.S.A. chapter 72, subchapter 1; or 13 V.S.A. § 2602; and (C) has completed those rehabilitative or risk reduction services required as a condition
  of probation that have a duration that is set and knowable at the outset of probation. (2) If the probationer does not meet the criteria set forth in subdivision (1) of this
  subsection, the Commissioner shall file a motion requesting the sentencing court to
  discharge the probation term once the probationer meets the criteria set forth in
  subdivision (1) of this subsection. (3) If a probationer meets the criteria set forth in subdivision (1) of this subsection
  and is subject to a pending criminal charge or violation of probation complaint, the
  Commissioner may file a motion requesting the sentencing court to dismiss the probationer
  from probation pursuant to this subsection. The motion shall identify the pending
  criminal charge or probation violation. After any pending criminal charges and probation
  violations are resolved, and if the probationer still meets the criteria set forth
  in subdivision (1) of this subsection, the Commissioner shall file the motion requesting
  the sentencing court to dismiss the probationer from probation. (4) The prosecutor shall make a reasonable effort to notify any victim of record of a
  motion filed to reduce a probationer’s term pursuant to this subsection. “Reasonable
  effort” means attempting to contact the victim by first-class mail at the victim’s
  last known address and by telephone at the victim’s last known phone number. (5) Notwithstanding 1 V.S.A. § 214, and notwithstanding the requirement in subdivision (1) of this subsection that the
  Commissioner review the probationer’s record during the month prior to the midpoint
  of that probationer’s specified term, this subsection shall apply retroactively to
  any probationer serving a specified term of probation. If the probationer has already
  reached the midpoint of that probationer’s specified term on or before the effective
  date of this act, the Commissioner shall review the probationer’s record as soon as
  possible for purposes of filing a motion pursuant to this section. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1983, No. 229 (Adj. Sess.), § 5; 1993, No. 169 (Adj. Sess.), § 3, June 3, 1994; 1995, No. 170 (Adj. Sess.), § 20, eff. Sept. 1, 1996; 1999, No. 148 (Adj. Sess.), § 66, eff. May 24, 2000; 2001, No. 134 (Adj. Sess.), § 5; 2007, No. 179 (Adj. Sess.), § 5; 2009, No. 1, § 39; 2021, No. 24, § 4; 2021, No. 94 (Adj. Sess.), § 1, eff. April 21, 2022.)