Vermont v. BouchardAnnotate this Case
Defendant Donald Bouchard pled guilty to two sex offenses, and challenged several of the special sex-offender probation conditions imposed on him. The two offenses related to lewd and lascivious conduct, and one count of unlawful restraint in the second degree. The offending conduct involved his niece and nephew. At the sentencing hearing, the court imposed the agreed-upon sentence. The State presented no evidence in support of any of the contested probation conditions. The trial court expressed its concern about defendant’s ability to complete the sex-offender treatment program, and told defendant that “if you don’t complete the program and a violation of probation is filed and your probation is revoked, there is no room in the sentence that you’ve negotiated with your attorney for any other programming. It really is as close to a flat ten-year sentence as I’ve ever seen.” The court imposed various probation conditions, including the “sex [-] offender special conditions of probation” at issue on appeal. The Vermont Supreme Court remanded the two conditions limiting contact with minors for clarification as to the age restrictions and the rationale behind them. The Court upheld the conditions prohibiting defendant from accessing or loitering in places where children congregate, and requiring defendant to give his probation officer notice within 48 hours of a change in contact information.