2005 Vermont Code - § 1302. — Violations of conditions; retaking; hearing and notice

§ 1302. Violations of conditions; retaking; hearing and notice

Where the state of Vermont is supervising a parolee or probationer pursuant to the interstate compact for the supervision of parolees and probationers, the officer designated under subdivision 1301(5) of this chapter ("compact administrator") shall notify the compact administrator of the sending state whenever consideration should be given to retaking or returning to the sending state any parolee or probationer who is believed to have violated any of the terms of supervision in this state. If a parolee or probationer is placed in custody in this state pending notification to the sending state, this state's compact administrator shall ensure that a hearing is held within 15 workdays of when custody began, unless the hearing is waived by the parolee or probationer in writing. Probable cause to believe that any condition of parole or probation has been violated shall be determined during the course of the hearing, and, for this purpose, the compact administrator or designee may use the testimony of witnesses, affidavits of witnesses unable to attend, testimony by witnesses via telephone, and any records kept in the regular course of business. All testimony shall be under oath. Following the hearing, the state's compact administrator or designee shall send a copy of the hearing record to the sending state's compact administrator, along with a recommendation regarding the disposition to be made of the parolee or probationer. Pending the decision of the sending state, the parolee or probationer may be held in custody for a period not to exceed 15 workdays from the day of the hearing, except this state's compact administrator may extend the period of custody for a reasonable period of time if the sending state has notified this state's compact administrator that it is retaking the parolee or probationer. (Added 2001, No. 149 (Adj. Sess.), § 55, eff. June 27, 2002.)