Vermont Statutes Title 28 Sec. 551
Terms Used In Vermont Statutes Title 28 Sec. 551
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Commissioner: means the Commissioner of Corrections. See
- Correctional officer: means any person who is an employee of the Department of Corrections whose official duties or job classification includes the supervision or monitoring of a person on parole, probation, or serving any sentence of incarceration whether inside or outside a correctional facility, and who has received training, as approved by the Commissioner of Corrections, as provided in section 551a of this title. See
- Department: means the Department of Corrections. See
- facility: means any building, enclosure, space, or structure of or supported by the Department and used for the confinement of persons committed to the custody of the Commissioner, or for any other matter related to such confinement. See
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Law: includes the laws and ordinances of the State, its political subdivisions, and municipalities. See
- Law enforcement officer: means a State Police officer, a sheriff, a deputy sheriff, a municipal police officer, a constable, the Commissioner, or a member of the Department of Corrections when appointed in writing by the Commissioner and when his or her appointment is filed in the Office of the Secretary of State. See
- Parole: means the release of an inmate to the community by the Parole Board before the end of the inmate's sentence subject to conditions imposed by the Board and subject to the supervision and control of the Commissioner. 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
- Supervising officer: means the highest administrative officer in charge of any correctional facility. See
§ 551. Issuance of warrant; arrest without a warrant; confinement pending hearing; authority of correctional officers and law enforcement officers
(a) Parole Board warrant. The Board may issue a warrant for the arrest of a parolee, or may issue an order, to be served personally upon the parolee, requiring him or her to appear before the Board, if the Board has reason to believe that a violation of parole has occurred. The warrant shall authorize any law enforcement officers and any correctional officers to return the person to the custody of a correctional facility.
(b) Fugitive from justice. A parolee for whose return a warrant has been issued by the Board, if it is found that a warrant cannot be served, shall be considered to be a fugitive from justice or to have fled from justice.
(c) Arrest of person on parole. Any correctional officer designated by the Commissioner may arrest a parolee without a warrant if, in the judgment of the correctional officer, the person has violated a condition of his or her parole; or may deputize any other law enforcement officer to do so by giving him or her a written statement setting forth that the parolee has, in the judgment of the correctional officer, violated a condition or conditions of his or her parole. The written statement delivered with the person by the arresting officer to the supervising officer of the correctional facility to which the person is brought for detention shall be sufficient warrant for detaining him or her.
(d) No right of action. Any parolee arrested and detained in accordance with the provisions of this chapter shall have no right of action against any law enforcement officer, correctional officer, employee of the Department of Corrections, or any other persons because of such arrest and detention.
(e) Detention pending hearing for parolee. Pending a hearing on the merits upon any charge of violation, the parolee shall continue to be detained at a correctional facility. The Parole Board may authorize the parolee’s release from detention in accordance with the procedures set forth in 13 V.S.A. § 7554. For the purposes of this section, judicial officer, as defined in 13 V.S.A. § 7554(f), shall include the Chair of the Parole Board or his or her designee. There shall be no right to bail or release. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 205 (Adj. Sess.), § 1; 1997, No. 148 (Adj. Sess.), § 89, eff. April 29, 1998; 1997, No. 152 (Adj. Sess.), § 3.)