Eligibility for Parole

V.S.A. tit. 28, ch. 7, subch. 3

in effect

28 V.S.A. § 501 Eligibility for parole consideration

501. Eligibility for parole consideration An inmate who is serving a sentence of imprisonment who is not eligible for presumptive parole pursuant to section 501a of this title shall be eligible for parole consideration as follows: (1) If the inmate’s sentence has no minimum term or a zero minimum term, the inmate shall be eligible for parole consideration within 12 months after commitment to a correctional facility. (2) If the inmate’s sentence has a minimum term, the inmate shall be eligible for parole consideration after the inmate has served the minimum term of the sentence. Added 1971, No. 199 (Adj. Sess.), § 20; amended 1983, No. 89, § 2; 1993, No. 233 (Adj. Sess.), § 80, eff. June 21, 1994; 1997, No. 148 (Adj. Sess.), § 59, eff. April 29, 1998; 2001, No. 61, § 85, eff. June 16, 2001; 2019, No. 148 (Adj. Sess.), § 3, eff. Jan. 1, 2021.

28 V.S.A. § 501a Presumptive parole

501a. Presumptive parole An inmate who is serving a sentence of imprisonment shall be eligible for presumptive release in accordance with subsection 502a(e) of this title at the expiration of the inmate’s minimum or aggregate minimum term of imprisonment if the inmate: (1) has acquired no new criminal conviction while incarcerated or on supervision for the current offense; (2) has no outstanding warrants, detainers, commitments, or pending charges; (3) is compliant with the required services and programming portion of the inmate’s case plan during the period of incarceration if the inmate is incarcerated for less than 90 days or is compliant for the 90 days preceding the completion of the inmate’s minimum term if the inmate is incarcerated for 90 days or more; (4) is compliant with the conditions of supervision if the offender is supervised in the community on furlough during: (A) the entire period of supervision if the term of supervision is less than 90 days; or (B) the 90 days prior to the consideration of parole eligibility if the term of supervision is 90 days or more; (5) has no major disciplinary rule violation or pending infractions during the period of incarceration if the inmate is incarcerated for less than 12 months or has no major disciplinary rule violations or pending infractions during the preceding 12 months if the inmate is incarcerated for 12 months or more; (6) has not had parole revoked on the inmate’s current sentence; and (7) is not serving a sentence for committing a crime specified in 33 V.S.A. § 5204(a). Added 2019, No. 148 (Adj. Sess.), § 4, eff. Jan. 1, 2021; amended 2019, No. 148 (Adj. Sess.), § 5, eff. Jan. 1, 2023.

28 V.S.A. § 502 Parole interviews and reviews

502. Parole interviews and reviews (a) The Board shall interview each inmate eligible for parole consideration under section 501 of this title before ordering the inmate released on parole. The Board shall consider all pertinent information regarding an inmate in order to determine the inmate’s eligibility for parole. The Board may grant parole only after an inmate is interviewed in accordance with this section. The Parole Board may conduct the interview in person, by telephone or videoconference, or by any other method it deems appropriate. (b) An initial interview of the inmate shall occur at least 30 days prior to the date when the inmate becomes eligible for parole consideration under section 501 of this title. (c) An inmate eligible for parole consideration shall, subsequent to the initial interview provided for above, be reviewed and interviewed thereafter, as follows: (1) the Board shall review the inmate’s record once every 12 months; (2) the Board shall conduct an interview of the inmate at the request of the Department; and (3) upon written request of the inmate, the Board shall conduct an interview annually. (d) The Board in its discretion may hear from attorneys or other persons with an interest in the case before the Board. A person presenting statements to the Board may be required to submit the statement in writing. (e) Interviews and reviews shall be conducted in accordance with the rules and regulations established by the Board, which shall be consistent with this section. (f) The Board, when formulating the conditions of a parole, shall take into consideration the emotional needs of the victim of an offender’s crime plus the needs of the victim’s family. Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 60, eff. April 29, 1998; 2001, No. 61, § 86, eff. June 16, 2001; 2019, No. 148 (Adj. Sess.), § 6, eff. Jan. 1, 2021.

28 V.S.A. § 502a Release on parole

502a. Release on parole (a) Except as otherwise provided in subsection (d) of this section and section 501 of this title, no inmate serving a sentence with a minimum term shall be released on parole until the inmate has served the minimum term of the sentence, less any reductions for good behavior. (b) An inmate who is not eligible for presumptive parole pursuant to section 501a of this title shall be released on parole by the written order of the Parole Board if the Board determines: (1) the inmate is eligible for parole; (2) there is a reasonable probability that the inmate can be released without detriment to the community or to the inmate; and (3) the inmate is willing and capable of fulfilling the obligations of a law-abiding citizen. (c) A parole under subsection (b) or (e) of this section shall be ordered only for the best interests of the community and of the inmate and shall not be regarded as an award of clemency, a reduction of sentence, or a conditional pardon. (d) Notwithstanding subsection (a) or (e) of this section, or any other provision of law to the contrary, any inmate who is serving a sentence, including an inmate who has not yet served the minimum term of the sentence, who is diagnosed as having a terminal or serious medical condition so as to render the inmate unlikely to be physically capable of presenting a danger to society, may be released on medical parole to a hospital, hospice, other licensed inpatient facility, or suitable housing accommodation as specified by the Parole Board. Provided the inmate has authorized the release of his or her personal health information, the Department shall promptly notify the Parole Board upon receipt of medical information of an inmate’s diagnosis of a terminal or serious medical condition. As used in this subsection, a “serious medical condition” does not mean a condition caused by noncompliance with a medical treatment plan. (e)(1) The Department shall identify each inmate meeting the presumptive parole eligibility criteria in section 501a of this title and refer each eligible inmate who does not meet the risk criteria set forth in subdivision (2) of this subsection to the Parole Board for an administrative review at least 60 days prior to the inmate’s eligibility date. (2) The Department shall screen each inmate it identifies as eligible for presumptive parole for the risk criteria set forth in this subdivision. If the Department determines that, based on clear and convincing evidence, there is a reasonable probability that the inmate’s release would result in a detriment to the community, or that the inmate is not willing and capable of fulfilling the obligations of parole, the Department shall, at least 60 days prior to the inmate’s eligibility date, refer the inmate to the Parole Board for a parole hearing. (3)(A) Within 30 days in advance of the inmate’s eligibility date, the Parole Board shall conduct an administrative review of each inmate the Department identifies as eligible for presumptive release who does not meet the risk criteria set forth in subdivision (2) of this subsection (e). The Board may deny presumptive release and set a hearing if it determines, through its administrative review, that a victim or victims should have the opportunity to participate in a parole hearing. If the Board determines there is a victim or victims who should be notified, the Department shall notify the victim or victims, and the Board shall provide them with the opportunity to participate in a parole hearing. A victim may waive any notification. (B) The Parole Board shall conduct a parole hearing pursuant to section 502 of this title for each eligible inmate that the Department determines meets the risk criteria in subdivision (2) of this subsection (e). Added 1997, No. 148 (Adj. Sess.), § 61, eff. April 29, 1998; amended 2013, No. 96 (Adj. Sess.), § 187; 2017, No. 91 (Adj. Sess.), § 1; 2019, No. 148 (Adj. Sess.), § 7, eff. Jan. 1, 2021; 2025, No. 111 (Adj. Sess.), § 9, eff. July 1, 2026.

28 V.S.A. § 502b Terms and conditions of parole

502b. Terms and conditions of parole (a) When an inmate is paroled, the Parole Board shall establish terms and conditions of parole that it deems reasonably necessary to ensure that the inmate will lead a law-abiding life and that will assist the inmate to do so. Such terms and conditions shall be set forth in the parolee’s parole agreement. Terms and conditions of parole shall be designed to protect the victim, potential victims, and the public, and to reduce the risk of reoffense. 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; permitting a probation officer access to all computers or other digital or electronic media, mail covers, subscription services, and credit card statements; and if a probation officer has reasonable grounds to believe the offender has violated a parole condition, permitting a probation officer to monitor or examine the offender’s activities, communications, and use of any computer or other digital or electronic device, 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. (b) The Parole Board may require a parolee as a condition of parole to participate, as a resident or nonresident, in programs at a treatment center for all or part of the period of parole, provided that the Commissioner certifies that adequate treatment facilities, personnel, and programs are available. If the Commissioner determines that the person’s residence in the center or participation in its programs, or both, should be terminated because the person can derive no further significant benefits from such residence or participation, or both, or because his or her residence or participation adversely affects the rehabilitation of other residents or participants, he or she shall so notify the Board, which shall thereupon make such other provision with respect to the person as it deems appropriate. (c) A person residing in and participating in programs at a treatment center shall abide by the rules and regulations of the center and may be required to pay such costs incident to residents as the Commissioner deems appropriate. Added 1997, No. 148 (Adj. Sess.), § 61, eff. April 29, 1998; 2009, No. 1, § 47.

28 V.S.A. § 502c Parole agreement

502c. Parole agreement (a) When an inmate is paroled, the Parole Board shall issue a parole agreement, which shall set forth the name of the inmate paroled, the crime the inmate was convicted of, the date and place of trial, the sentence, and the terms and conditions of the parole. A copy of the parole agreement shall be furnished to the parolee and the Commissioner. (b) The parole agreement shall not become effective until it is signed by the inmate. The Parole Board may withdraw the granting of parole at any time before the parole agreement is signed by the inmate. After the parole agreement is signed by the parolee, parole can only be revoked in accordance with subchapter 4 of this chapter. (c) A copy of the parole agreement shall be full authority for the Commissioner to exercise all supervision and control over the parolee prescribed by law, and shall be sufficient warrant for the detention of the parolee as provided in subdivision 403(2) of this title. Added 1997, No. 148 (Adj. Sess.), § 61, eff. April 29, 1998.

28 V.S.A. § 503 Adoption of rules

503. Adoption of rules The Board may adopt such rules, consistent with the provisions of this chapter, as it considers proper or necessary regarding the eligibility of inmates for parole, the conduct of parole interviews and reviews, or the conditions to be applied to inmates released on parole and parole revocation. Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 62, eff. April 29, 1998.

28 V.S.A. § 504 Witnesses; production of records

504. Witnesses; production of records (a) The Board may issue subpoenas requiring the attendance of any witnesses and the production of any records, books, papers, and documents as it may consider necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the Board. Subpoenas so issued may be served by a parole or probation officer, or a law enforcement officer, in the same manner as similar process in the Criminal Division of the Superior Court. Any Criminal Division of the Superior Court of the State, upon application of the Board, may in its discretion compel the attendance of witnesses and the production of evidence before the Board in the same manner as it may compel them to attend or be produced before the court. (b) Any person who testifies falsely or fails to appear when subpoenaed, or fails or refuses to produce material under the subpoena, shall be subject to the same orders and penalties to which a person before a court is subject. Added 1971, No. 199 (Adj. Sess.), § 20; amended 2009, No. 154 (Adj. Sess.), § 238.

28 V.S.A. § 505 Cooperation of correctional facility officials

505. Cooperation of correctional facility officials (a) The Board shall adopt rules regarding and shall direct, control, and supervise the administration of a system of paroles from any appropriate correctional facility. (b) Officials in charge of correctional facilities shall give to the Board, or its properly accredited representatives, access at all reasonable times to any inmate over whom the Board has jurisdiction under this chapter and provide the Board or its representatives facilities for communicating with and observing the inmate, and furnish to the Board such documents as the Board may require concerning the conduct and character of any inmate in their custody and any other facts considered by the Board pertinent in determining whether the inmate shall be paroled. Added 1971, No. 199 (Adj. Sess.), § 20; amended 2001, No. 61, § 87, eff. June 16, 2001; 2015, No. 23, § 131.

28 V.S.A. § 506 Termination and discharge

506. Termination and discharge (a) If warranted by the conduct of the parolee and the ends of justice, the Board may terminate the period of parole supervision and discharge the parolee from parole supervision. Supervision of a parolee serving a life sentence may be terminated only after 15 years measured from the date of first confinement. (b) The Board shall discharge the parolee at the expiration of the maximum term of his or her sentence. (c) [Repealed.] Added 1971, No. 199 (Adj. Sess.), § 20; amended 2001, No. 134 (Adj. Sess.), § 7; 2003, No. 57, § 11, eff. July 1, 2004.

28 V.S.A. § 507 Notification to victim and opportunity to testify

507. Notification to victim and opportunity to testify (a) The Department of Corrections shall, unless waived by the victim: (1) at least 30 days prior to a parole hearing concerning the defendant, notify the victim of a listed crime as defined in 13 V.S.A. § 5301(7) as to the time and location of the hearing and as to the victim’s right to testify before the Parole Board or to submit a written statement for the Parole Board to consider; and (2) promptly inform the victim of the decision of the Parole Board, including providing to the victim any conditions attached to the defendant’s release on parole. (b) At a parole eligibility hearing, unless waived by the victim of a listed crime as defined in 13 V.S.A. § 5301(7), the inmate shall not be present when the victim testifies before the Parole Board. (c) Parole Board proceedings shall be subject to the Vermont Open Meeting Law. (d) As used in this section, “victim” means: (1) a victim of the listed crime for which the Parole Board is determining the inmate’s eligibility for parole; and (2) a victim of a listed crime of which the inmate was convicted other than the listed crime for which the Parole Board is determining the inmate’s eligibility for parole. Added 1995, No. 170 (Adj. Sess.), § 21, eff. Sept. 1, 1996; amended 1999, No. 4, § 5; 2007, No. 174 (Adj. Sess.), § 16; 2025, No. 111 (Adj. Sess.), § 10, eff. July 1, 2026.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/28/007Fetched: 10/21/2026