Vermont Statutes Title 13 Sec. 5404
Terms Used In Vermont Statutes Title 13 Sec. 5404
- Address: means the actual location of the sex offender's dwelling, including the street address, if any. See
- Board: means the Victims Compensation Board established under this chapter. See
- Crime: includes delinquent acts and an act of terrorism, as defined in 18 U. See
- Department: means the Department of Public Safety. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Release: means release from confinement or custody or placement into the community for any reason, including release on bail pending appeal, probation, parole, furlough, work release, early release, alternative sanctions, house arrest, daily interrupt, community placement, or completion of sentence. See
- Sex offender: means :
§ 5404. Reporting upon release from confinement or supervision
(a) Upon receiving a sex offender from the court on a probationary sentence or supervised community sentence and prior to releasing a sex offender from a correctional facility to serve probation, parole, furlough, or a supervised community sentence, the Department of Corrections shall forward to the Department the following information concerning the sex offender:
(1) an update of the information listed in subsection 5403(a) of this title;
(2) the address upon release and whether the offender will be living with a child under 18 years of age;
(3) the name, address, and telephone number of the probation and parole office in charge of monitoring the sex offender; and
(4) documentation of any treatment or counseling received.
(b) As part of planning for the release of a sex offender from a correctional facility to the community upon completion of the offender’s maximum sentence, the Department of Corrections shall notify the offender of his or her obligation to report to the Department to register as a sex offender in compliance with section 5407 of this chapter prior to the offender’s scheduled release date. The Department of Corrections shall assist the offender with registration as a sex offender and advise the offender that failure to register with the Department prior to release is a crime subject to section 5409 of this chapter.
(c) The Department of Corrections shall notify the Department of Public Safety within 24 hours of the time a sex offender changes his or her address or place of employment, or enrolls in or separates from any postsecondary educational institution, or begins residing with a child under 18 years of age. In addition, the Department of Corrections shall provide the Department with any updated information requested by the Department.
(d) With respect to a sex offender residing with a child under 18 years of age under circumstances enumerated in subsection (a) or (c) of this section, the Department of Corrections shall communicate with the Department for Children and Families. If placement in a home with a child is being considered by the Department of Corrections, the Department of Corrections shall notify the Department for Children and Families, and the departments shall work together to determine whether such a placement is appropriate. If the Department of Corrections does not have a role in the placement of the offender in the community, but knows the offender will be residing with a person under 18 years of age, the Department of Corrections shall notify the Department for Children and Families at least 24 hours prior to releasing the offender from confinement.
(e) The information required to be provided by subsection (a) of this section shall also be provided by the Department of Corrections to a sex offender’s parole or probation officer within three days of the time a sex offender is placed on probation or parole by the court or the Parole Board.
(f) If it has not been previously submitted, upon receipt of the information to be provided to the Department pursuant to subsection (a) of this section, the Department shall immediately transmit the conviction data and fingerprints to the Federal Bureau of Investigation. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2001, No. 49, § 4, eff. Sept. 1, 2001; 2003, No. 157 (Adj. Sess.), § 4; 2009, No. 1, § 14; 2015, No. 1, § 1, eff. Feb. 25, 2015.)