Vermont Statutes Title 28 Sec. 204
Terms Used In Vermont Statutes Title 28 Sec. 204
- Commissioner: means the Commissioner of Corrections. See
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the Department of Corrections. See
- Federal prosecutor: A lawyer appointed by the President in each judicial district to prosecute and defend cases for the federal government.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Inmate: means any person, not a child, committed to the custody of the Commissioner pursuant to the law of the State and subsequently committed to a correctional facility and any person confined at a correctional facility during the pendency of a prosecution against him or her. See
- Law: includes the laws and ordinances of the State, its political subdivisions, and municipalities. See
- 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
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 204. Submission of written report; production of records
(a) A court, before which a person is being prosecuted for any crime, may in its discretion order the Commissioner to submit a written report as to the circumstances of the alleged offense and the character and previous criminal history record of the person, with recommendation. If the presentence investigation report is being prepared in connection with a person’s conviction for a sex offense that requires registration pursuant to 13 Vt. Stat. Ann. chapter 167, subchapter 3, the Commissioner shall obtain information pertaining to the person’s juvenile record, if any, in accordance with 33 V.S.A. §§ 5117 and 5119(f)(6), and any deferred sentences received for a registrable sex offense in accordance with 13 V.S.A. § 7041(h), and include such information in the presentence investigation report.
(b) The court shall order such a report to be made before imposing sentence when the respondent is adjudged guilty of a felony, except as otherwise provided by rules of the Supreme Court. If the report has been made to any court within the State within a period of two years with reference to such individual, in connection with the same or another offense, submission of a copy of that report may fulfill the requirements of this section, if the court to which the report is to be submitted approves. Upon request, the Commissioner shall furnish a State’s Attorney with a copy of any report made within the State once sentence has been passed in connection with the offense for which the report was made.
(c) The report ordered by the court under this section or section 204a of this title shall be made not less than one week nor more than three weeks from the date of the order. This three-week limit may be extended by order of the court.
(d)(1) Except as provided in subdivision (2) of this subsection, any presentence investigation report or parole summary prepared by any employee of the Department in the discharge of the employee’s official duty, except as provided in subdivision 204a(b)(5) and section 205 of this title, is confidential and shall not be disclosed to anyone outside the Department other than the judge or the Parole Board.
(2)(A) The court or Board shall permit inspection of the presentence investigation report or parole summary, redacted of information that may compromise the safety or confidentiality of any person, by the State’s Attorney and by the defendant or inmate or his or her attorney; and
(B) the court or Board may, in its discretion, permit the inspection of the presentence investigation report or parole summary or parts thereof by other persons having a proper interest in the report or parole summary, whenever the best interests or welfare of the defendant or inmate makes that action desirable or helpful.
(e) The presentence investigation report ordered by the court under this section or section 204a of this title shall include the comments or written statement of the victim, or the victim’s guardian or next of kin if the victim is incompetent or deceased, whenever the victim or the victim’s guardian or next of kin choose to submit comments or a written statement.
(f) Except as otherwise provided by law, reports and records subject to this section may be inspected, pursuant to a court order issued ex parte, by a State or federal prosecutor as part of a criminal investigation if the court finds that the records may be relevant to the investigation. The information in the files may be used for any lawful purpose but shall not otherwise be made public.
(g) The presentence investigation report ordered by the court under this section or section 204a of this title shall set forth information concerning the defendant’s custodial relationships pursuant to 13 V.S.A. § 7030. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 109, § 10, eff. May 25, 1973; 1981, No. 223 (Adj. Sess.), § 18; 1989, No. 293 (Adj. Sess.), § 7; 1995, No. 170 (Adj. Sess.), § 18, eff. Sept. 1, 1996; 2005, No. 192 (Adj. Sess.), § 11, eff. May 26, 2006; 2009, No. 1, § 35; 2009, No. 58, § 19; 2013, No. 168 (Adj. Sess.), § 3, eff. June 3, 2014; 2015, No. 29, § 21; 2015, No. 137 (Adj. Sess.), § 3, eff. May 25, 2016; 2017, No. 113 (Adj. Sess.), § 169; 2021, No. 104 (Adj. Sess.), § 3, eff. July 1, 2022.)