Vermont S. 237: An act relating to providing representation to needy persons concerning immigration matters

Bill Text

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S.237 1
Introduced by Senator Vyhovsky 2
Referred to Committee on 3
Date: 4
Subject: Corrections; Parole Board 5
Statement of purpose of bill as introduced: This bill proposes to structure the 6
Parole Board with one full-time chair and four members; provide the Parole 7
Board with a staff attorney and additional administrative assistant; require 8
training for the Parole Board; require the Parole Board to submit a budget 9
directly to the Governor; require that an offender who is sentenced to a 10
minimum term have no pending criminal charges to be eligible for parole; 11
clarify victims’ rights in a parole hearing; permit a parolee to relinquish parole 12
status; and permit a parolee to benefit from earned time. 13
An act relating to restructuring the Parole Board 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 13 V.S.A. § 5305 is amended to read: 16
§ 5305. INFORMATION CONCERNING RELEASE FROM CUSTODY 17
(a) Victims and affected persons shall have the right to request notification 18
by the agency having custody of the defendant before the defendant is released, 19
including a release on bail or conditions of release, furlough, or other 20

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community program; upon termination or discharge from probation; or 1
whenever the defendant escapes, is recaptured, dies, or receives a pardon or 2
commutation of sentence. Notice shall be given to the victim or affected 3
person as expeditiously as possible at the address or telephone number 4
provided to the agency having custody of the defendant by the person 5
requesting notice. Any address or telephone number so provided shall be kept 6
confidential. The prosecutor’s office shall ensure that victims are made aware 7
of their right to notification of an offender’s scheduled release date pursuant to 8
this section. Notwithstanding this subsection, the right to information for 9
victims of delinquent acts is governed by 33 V.S.A. chapters 52 and 52A. 10
(b) If the defendant is released on conditions at arraignment, the 11
prosecutor’s office shall inform the victim of a listed crime of the conditions of 12
release. 13
(c)(1) If requested by a victim of a listed crime, the Department of 14
Corrections shall: 15
(1)(A) at least 30 days before a parole board Parole Board hearing 16
concerning the defendant, inform the victim of the hearing and of the victim’s 17
right to testify before the parole board Parole Board or to submit a written 18
statement for the parole board Parole Board to consider; and 19

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(2)(B) promptly inform the victim of the decision of the parole board 1
Parole Board, including providing to the victim any conditions attached to the 2
defendant’s release on parole. 3
(2) Unless waived by the victim of a listed crime, the inmate shall not be 4
present when the victim testifies at the parole eligibility hearing. 5
Sec. 2. 28 V.S.A. § 403 is amended to read: 6
§ 403. POWERS AND RESPONSIBILITIES OF THE COMMISSIONER 7
REGARDING PAROLE 8
The Commissioner is charged with the following powers and 9
responsibilities regarding the administration of parole: 10
* * * 11
(6) To provide regular training for the Parole Board, at least annually, in 12
collaboration with the Parole Board Director, on topics related to making 13
determinations of parole, criminogenic behavior, mental health disorders, 14
substance use treatment, trauma-informed work with victims of crime, and 15
serious crime rehabilitation. 16
Sec. 3. 28 V.S.A. § 451 is amended to read: 17
§ 451. CREATION OF BOARD 18
(a) A Parole Board of five members is created There is created within the 19
Executive Branch an independent commission named the Parole Board. The 20
Parole Board shall be composed of one chair and four members. The 21

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Governor, with the advice and consent of the Senate, shall appoint five regular 1
the chair and members and two alternates for terms of three years in such a 2
manner that not more than three terms shall expire annually. Initial terms may 3
be less than three years. No member shall serve more than two consecutive 4
terms. Each member and alternate shall hold office until a successor is 5
appointed and qualified. The Governor shall designate the Board’s chair. As 6
far as practicable, the Governor shall appoint as members persons who have 7
knowledge of and experience in correctional treatment, crime prevention, or 8
human relations, criminogenic behavior, mental health treatment, substance 9
use disorder, or serious crime rehabilitation and shall give consideration, as far 10
as practicable, to geographic representation of the State. The Board shall 11
select one of its members to serve as Vice Chair vice chair of the Board. If the 12
Chair resigns or is otherwise permanently unable to s