Vermont H 559: An act relating to the Parole Board

Bill Text

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VT LEG #390153 v.1
No. 111. An act relating to the Parole Board.
(H.559)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 28 V.S.A. § 403 is amended to read:
§ 403. POWERS AND RESPONSIBILITIES OF THE COMMISSIONER
REGARDING PAROLE
The Commissioner is charged with the following powers and
responsibilities regarding the administration of parole:
* * *
(6) To provide regular training for the Parole Board, at least annually, in
collaboration with the Parole Board Director and the Chair of the Parole Board,
on topics related to criminogenic behavior, mental health disorders, substance
use treatment, trauma-informed work with victims of crime, and serious crime
rehabilitation.
Sec. 2. 28 V.S.A. § 451 is amended to read:
§ 451. CREATION OF BOARD
(a)(1) A Parole Board of five seven members is created. The Governor,
with the advice and consent of the Senate, shall appoint five regular members
and two alternates for terms of three years in such a manner that not more than
three terms shall expire annually. Initial terms may be less than three years.
Each member and alternate shall hold office until a successor is appointed and
qualified. The Governor shall designate the Board’s chair.

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(2) Upon notification of a vacancy, the Governor shall consult with the
Parole Board Director and the Chair of the Parole Board. As far as practicable,
the Governor shall appoint as members persons who have knowledge of and
experience in correctional treatment, crime prevention, or human relations
criminogenic behavior, mental health treatment, substance use disorder, or
serious crime rehabilitation, and shall give consideration, as far as practicable,
to geographic representation of the State and a balance of different knowledge
and experience.
(3) The Board shall select one of its members to serve as Vice Chair of
the Board. If the Chair resigns or is otherwise permanently unable to serve on
the Board, the Vice Chair shall serve as interim chair until the Governor
designates a new chair pursuant to this section. The Chair or the executive
director may assign alternates to serve on the Board in the absence of a regular
member and such alternates shall have all the powers and authority of a regular
member when so assigned.
(b) Three members of the Board shall constitute a quorum for the conduct
of a meeting. Notwithstanding 1 V.S.A. § 172, the concurrence of a majority
of members present at a Parole Board meeting shall be necessary and sufficient
for Board action.
(c) The Chair of the Parole Board shall be entitled to compensation in the
amount of $20,500.00 annually, effective on the first pay period in fiscal year
2006, which shall be in lieu of any per diem otherwise authorized by law. If

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the Vice Chair assumes the duties of the Chair for a period in excess of 30
consecutive days, the compensation otherwise payable to the Chair during his
or her the Chair’s absence shall be paid to the Vice Chair.
(d) At least annually, each member of the Parole Board shall attend
trainings designated by the Parole Board Director in collaboration with the
Chair of the Parole Board.
Sec. 3. 28 V.S.A. § 455 is amended to read:
§ 455. DIRECTOR
(a) The position of Parole Board Director is created. The Director shall be
appointed by the Governor after consultation with the Board.
(b) The Director shall serve for a term of four years commencing on March
1 and continuing until his or her a successor is appointed.
(c) The Director shall be exempt from classified State service.
(d) The Secretary of Human Services, in consultation with the Parole Board
and the Department of Human Resources, shall establish the minimum and
preferred qualifications, duties, and compensation of the Director.
(e) The Director shall be responsible for the overall function of the Parole
Board, ensuring legal compliance, developing and implementing all policies
and procedures of the Board, and ensuring training is developed and provided
to the Board, in collaboration with the Commissioner and the Chair of the
Parole Board.

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Sec. 4. PAROLE BOARD LEGAL COUNSEL PILOT PROJECT
(a) There is created the Parole Board Legal Counsel Pilot Project to provide
external legal support for:
(1) annual training to the Board, including on topics related to due
process and parole violations; and
(2) legal advice to the Board as needed related to Board hearings.
(b) The Board and the Agency of Human Services shall identify and
contract with external legal support in coordination with the Office of the
Attorney General.
(c) As part of the fiscal year 2028 budget development process, the Agency
of Human Services and the Department of Corrections shall coordinate with
the Parole Board Director to evaluate the pilot project and determine resources
needed for Board external legal support for fiscal year 2028.
(d) On or b