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							     BILL AS INTRODUCED                                                             S.5
     2007                                                                        Page 1


 1                                          S.5

 2   Introduced by Senator Sears of Bennington District

 3   Referred to Committee on

 4   Date:

 5   Subject: Crimes and criminal procedure; judgment, sentence, and execution;

 6            deferred sentences

 7   Statement of purpose: This bill proposes to permit the court, on its own

 8   motion, to defer sentencing of an individual charged with a criminal offense

 9   and place the individual on probation on such terms and conditions as the court

10   deems appropriate. Upon the individual’s successful completion of probation,

11   the record of the proceedings will be expunged.




12      AN ACT RELATING TO DEFERRED SENTENCES

13   It is hereby enacted by the General Assembly of the State of Vermont:

14   Sec. 1. 13 V.S.A. § 7041 is amended to read:

15   § 7041. DEFERRED SENTENCE

16      (a) Upon an adjudication of guilt and after the filing of a presentence

17   investigation report At or after arraignment, and before a plea of guilty or

18   commencement of a trial, upon motion by the state or the defendant or upon

19   the court’s own motion, the court may defer sentencing and place the

20   respondent on probation upon such terms and conditions as it may require if a
                                                                         www.leg.state.vt.us
     BILL AS INTRODUCED                                                              S.5
     2007                                                                         Page 2


 1   written agreement concerning the deferring of sentence is entered into between

 2   the state's attorney and the respondent and filed with the clerk of the court in

 3   furtherance of justice.

 4      (b) Notwithstanding subsection (a) of this section, the court may defer

 5   sentencing and place the respondent on probation without a written agreement

 6   between the state's attorney and the respondent if the following conditions are

 7   met:

 8          (1) the respondent is 28 years old or younger;

 9          (2) the crime for which the respondent is being sentenced is not a listed

10   crime as defined in subdivision 5301(7) of this title;

11          (3) the court orders a presentence investigation in accordance with the

12   procedures set forth in Rule 32 of the Vermont Rules of Criminal Procedure,

13   unless the state's attorney agrees to waive the presentence investigation;

14          (4) the court permits the victim to submit a written or oral statement

15   concerning the consideration of deferment of sentence;

16          (5) the court reviews the presentence investigation and the victim's

17   impact statement with the parties; and

18          (6) the court determines that deferring sentence is in the interest of

19   justice.

20      (c) Entry of deferment of sentence shall constitute an appealable judgment

21   for purposes of appeal in accordance with section 2383 of Title 12 and Rule 3


                                                                          www.leg.state.vt.us
     BILL AS INTRODUCED                                                             S.5
     2007                                                                        Page 3


 1   of the Vermont Rules of Appellate Procedure. Except as otherwise provided,

 2   entry of deferment of sentence shall constitute imposition of sentence solely

 3   for the purpose of sentence review in accordance with section 7042 of this title.

 4   The court may impose sentence at any time if the respondent violates the

 5   conditions of the deferred sentence during the period of deferment.

 6      (d)(c) Upon violation of the terms of probation or of the deferred sentence

 7   agreement, the court shall impose sentence. Upon fulfillment of the terms of

 8   probation and of the deferred sentence agreement, the court shall strike the

 9   adjudication of guilt and discharge the respondent. Upon discharge, the record

10   of the criminal proceedings shall be expunged, except that the record shall not

11   be expunged until restitution has been paid in full, absent a finding of good

12   cause by the court.

13      (e)(d) A deferred sentence imposed under subsection (a) or (b) of this

14   section may include a restitution order issued pursuant to section 7043 of this

15   title. Nonpayment of restitution shall not constitute grounds for imposition of

16   the underlying sentence.




                                                                         www.leg.state.vt.us