Earned Discharge Proposal.pdf

1. Purpose of Probation: The policy of the State is to rehabilitate offenders, reduce the risk of subsequent offenses, and protect victim and community safety.
2. Victim Notification: The prosecutor's office must inform victims of the mid-point review process and potential early discharge from probation.
3. Probation Duration: The court may terminate probation at any time if warranted by the offender's conduct and the ends of justice.
4. Midpoint Review: The Commissioner shall review each probationer's record at the midpoint of their term and may file a motion to discharge or reduce the term if certain criteria are met.
5. Conditions of Probation: Conditions shall be reasonably necessary to ensure the offender leads a law-abiding life, and the court shall provide an explicit condition for revocation if the offender is convicted of another offense.
6. Data Collection and Reporting: The Department of Corrections shall collect data on the probation midpoint review process and report to the Joint Legislative Justice Oversight Committee.
7. Sentencing Commission Review: The Vermont Sentencing Commission shall review and consider limiting the duration of probation terms for misdemeanor offenses to two years.

Effective Date: July 1, 2021.