2005 Vermont Code - § 204a. — Sexual offenders; pre-sentence investigations; risk assessments; psychosexual evaluations

§ 204a. Sexual offenders; pre-sentence investigations; risk assessments; psychosexual evaluations

(a) The department of corrections shall conduct a presentence investigation for all persons convicted of:

(1) lewd and lascivious conduct in violation of section 2601 of this title;

(2) lewd and lascivious conduct with a child in violation of section 2602 of this title;

(3) sexual assault in violation of section 3252 of this title;

(4) aggravated sexual assault in violation of section 3253 of this title; or

(5) an offense involving sexual exploitation of children in violation of chapter 64 of this title.

(b) A presentence investigation required by this section:

(1) shall include an assessment of the offender's risk of reoffense and a determination of whether the person is a high risk offender;

(2) shall include a psychosexual evaluation if so ordered by the court; and

(3) shall be completed before the defendant is sentenced. Upon completion, the department shall submit copies to the court, the state's attorney, and the defendant's attorney.

(c)(1) The department of corrections shall prepare a recommendation for programming and treatment for all persons for whom a presentence investigation is required under subsection (a) of this section. The department shall consider the information contained in the presentence investigation when recommending the programming and treatment appropriate for the offender.

(2) The recommendation required by this subdivision shall address the issue of the availability of appropriate treatment programs within correctional facilities and on an outpatient basis in the community, including recommendation as to the defendant's eligibility for such treatment programs, and shall include a statement of the relevant policies of the department of corrections regarding parole recommendations for the offense of which the offender was convicted.

(3)(A) The court may order the department to provide a report including:

(i) the minimum and maximum sentences necessary to permit admission of the offender to any of the available treatment programs; and

(ii) the results of a pre-assessment of the offender.

(B) A pre-assessment under this subdivision shall consist of:

(i) an interview with the defendant;

(ii) an assessment of the offender's risk level;

(iii) completion of testing and any other steps necessary to make an appropriate programming decision for the defendant;

(iv) identification of the treatment program within a correctional facility to which the offender will be referred based on the information available at the time of sentencing, provided the defendant agrees to treatment and is sentenced to a term which permits participation in the program.

(C)(i) Except as provided in subdivision (ii) of this subdivision (C), the department shall provide a report to the court under this subdivision within 60 days after it is ordered.

(ii) If the department requires a psychosexual evaluation in order to determine whether the offender will be admitted into any of the available treatment programs, the department shall complete the evaluation and provide it to the court along with its report within 90 days after the report is ordered.

(d) The requirement that a presentence investigation be performed pursuant to subsection (a) of this section:

(1) may be waived if the court finds that a report is not necessary for purposes of sentencing; and

(2) shall not be interpreted to prohibit the performance of a presentence investigation, psychosexual evaluation, or risk assessment at any other time during the proceeding, including prior to the entry of a plea agreement or prior to sentencing for a violation of probation.

(e) Nothing in this section shall be construed to infringe in any manner upon the department's authority to make decisions about programming for defendants or to create a right on the part of the offender to receive treatment in a particular program. (Added 2005, No. 192 (Adj. Sess.), § 12, eff. May 26, 2006.)