2011 Vermont Code
Title 28 Public Institutions and Corrections
Chapter 5 PROBATION
§ 301 Summons or arrest of probationer

§ 301. Summons or arrest of probationer

At any time before the discharge of the probationer or the termination of the period of probation:

(1) The court may summon the probationer to appear before it or may issue a warrant for his or her arrest.

(2) Arrest of person on probation. Any correctional officer may arrest a probationer without a warrant if, in the judgment of the correctional officer, the probationer has violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution; or may deputize any other law enforcement officer to arrest a probationer without a warrant by giving him or her a written statement setting forth that the probationer has, in the judgment of the correctional officer, violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution. 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.

(3) No right of action. Any probationer 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.

(4) Detention pending hearing for probationer. Pending arraignment for any charge of violation, the probationer shall continue to be detained at a correctional facility. Thereafter, the court may release the probationer pursuant to 13 V.S.A. { 7554. There shall be no right to bail or release, unless the person is on probation for a nonviolent misdemeanor or nonviolent felony and the probation violation did not constitute a new crime. For purposes of this subdivision:

(A) "Nonviolent felony" means a felony offense which is not a listed crime as defined in 13 V.S.A. { 5301(7) or an offense involving sexual exploitation of children in violation of chapter 64 of Title 13.

(B) "Nonviolent misdemeanor" means a misdemeanor offense which is not a listed crime as defined in 13 V.S.A. { 5301(7) or an offense involving sexual exploitation of children in violation of chapter 64 of Title 13 or 13 V.S.A. { 1030. (Added 1971, No. 199 (Adj. Sess.), { 20; amended 1973, No. 48, { 2; 1997, No. 148 (Adj. Sess.), { 89, eff. April 29, 1998; No. 152 (Adj. Sess.), { 4; 2003, No. 57, { 10, eff. July 1, 2004; 2009, No. 157 (Adj. Sess.), { 5.)