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. Apr. 21, 2022.
