H 559

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2026
No. 111. An act relating to the Parole Board.
                                    (H.559)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 28 V.S.A. § 403 is amended to read:
§ 403. POWERS AND RESPONSIBILITIES OF THE COMMISSIONER
        REGARDING PAROLE
   The Commissioner is charged with the following powers and
responsibilities regarding the administration of parole:
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      (6) To provide regular training for the Parole Board, at least annually, in
collaboration with the Parole Board Director and the Chair of the Parole Board,
on topics related to criminogenic behavior, mental health disorders, substance
use treatment, trauma-informed work with victims of crime, and serious crime
rehabilitation.
Sec. 2. 28 V.S.A. § 451 is amended to read:
§ 451. CREATION OF BOARD
   (a)(1) A Parole Board of five seven members is created. The Governor,
with the advice and consent of the Senate, shall appoint five regular members
and two alternates for terms of three years in such a manner that not more than
three terms shall expire annually. Initial terms may be less than three years.
Each member and alternate shall hold office until a successor is appointed and
qualified. The Governor shall designate the Board’s chair.
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      (2) Upon notification of a vacancy, the Governor shall consult with the
Parole Board Director and the Chair of the Parole Board. As far as practicable,
the Governor shall appoint as members persons who have knowledge of and
experience in correctional treatment, crime prevention, or human relations
criminogenic behavior, mental health treatment, substance use disorder, or
serious crime rehabilitation, and shall give consideration, as far as practicable,
to geographic representation of the State and a balance of different knowledge
and experience.
      (3) The Board shall select one of its members to serve as Vice Chair of
the Board. If the Chair resigns or is otherwise permanently unable to serve on
the Board, the Vice Chair shall serve as interim chair until the Governor
designates a new chair pursuant to this section. The Chair or the executive
director may assign alternates to serve on the Board in the absence of a regular
member and such alternates shall have all the powers and authority of a regular
member when so assigned.
   (b) Three members of the Board shall constitute a quorum for the conduct
of a meeting. Notwithstanding 1 V.S.A. § 172, the concurrence of a majority
of members present at a Parole Board meeting shall be necessary and sufficient
for Board action.
   (c) The Chair of the Parole Board shall be entitled to compensation in the
amount of $20,500.00 annually, effective on the first pay period in fiscal year
2006, which shall be in lieu of any per diem otherwise authorized by law. If
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the Vice Chair assumes the duties of the Chair for a period in excess of 30
consecutive days, the compensation otherwise payable to the Chair during his
or her the Chair’s absence shall be paid to the Vice Chair.
   (d) At least annually, each member of the Parole Board shall attend
trainings designated by the Parole Board Director in collaboration with the
Chair of the Parole Board.
Sec. 3. 28 V.S.A. § 455 is amended to read:
§ 455. DIRECTOR
   (a) The position of Parole Board Director is created. The Director shall be
appointed by the Governor after consultation with the Board.
   (b) The Director shall serve for a term of four years commencing on March
1 and continuing until his or her a successor is appointed.
   (c) The Director shall be exempt from classified State service.
   (d) The Secretary of Human Services, in consultation with the Parole Board
and the Department of Human Resources, shall establish the minimum and
preferred qualifications, duties, and compensation of the Director.
   (e) The Director shall be responsible for the overall function of the Parole
Board, ensuring legal compliance, developing and implementing all policies
and procedures of the Board, and ensuring training is developed and provided
to the Board, in collaboration with the Commissioner and the Chair of the
Parole Board.
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Sec. 4. PAROLE BOARD LEGAL COUNSEL PILOT PROJECT
   (a) There is created the Parole Board Legal Counsel Pilot Project to provide
external legal support for:
      (1) annual training to the Board, including on topics related to due
process and parole violations; and
      (2) legal advice to the Board as needed related to Board hearings.
   (b) The Board and the Agency of Human Services shall identify and
contract with external legal support in coordination with the Office of the
Attorney General.
   (c) As part of the fiscal year 2028 budget development process, the Agency
of Human Services and the Department of Corrections shall coordinate with
the Parole Board Director to evaluate the pilot project and determine resources
needed for Board external legal support for fiscal year 2028.
   (d) On or before November 15, 2026, the Parole Board Director shall
submit a written report to the House Committee on Corrections and Institutions
and the Senate Committee on Institutions detailing the operation of the pilot
project. The report shall include a recommendation regarding legal support for
the Board going forward and the resources needed.
Sec. 5. DEPARTMENT OF CORRECTIONS FISCAL YEAR 2026
          CARRYFORWARD
   Notwithstanding 2026 Acts and Resolves No. 74, Sec. 89 or any other
provision of law to the contrary, the $25,000.00 General Fund appropriated to
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the Department of Corrections for third-party legal services in 2025 Acts and
Resolves No. 27, Sec. B.336 shall carry forward into fiscal year 2027 for the
purpose of hiring external legal counsel pursuant to Sec. 4 of this act and shall
not be subject to the approval of the Secretary of Administration or designated
for any other purpose.
Sec. 6. APPROPRIATION
   The sum of $50,000.00 is appropriated from the General Fund to the
Department of Corrections in fiscal year 2027 for the purpose of hiring
external legal counsel pursuant to Sec. 4 of this act.
Sec. 7. PAROLE BOARD BUDGET SUBMISSION IN FISCAL YEAR
          2028 AND FISCAL YEAR 2029
   (a) As part of the fiscal year 2028 and fiscal year 2029 budget development
processes, the Parole Board Director shall submit a proposed budget to the
Commissioner of Corrections and Secretary of Human Services.
   (b) On or before December 1, 2027, the Parole Board Director shall submit
a written report to the House Committee on Corrections and Institutions and
the Senate Committee on Institutions detailing the budget development
process. The report shall include a recommendation regarding the Parole
Board submitting an annual budget to the Commissioner of Corrections.
Sec. 8. 13 V.S.A. § 5305 is amended to read:
§ 5305. INFORMATION CONCERNING RELEASE FROM CUSTODY
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   (c) If requested by a victim of a listed crime, the The Department of
Corrections shall:
      (1) at least 30 days before a parole board hearing concerning the
defendant, inform the victim of the hearing and of the victim’s right to testify
before the parole board or to submit a written statement for the parole board to
consider; and
      (2) promptly inform the victim of the decision of the parole board,
including providing to the victim any conditions attached to the defendant’s
release on parole notify victims of a listed crime as to parole board hearings
concerning defendants and parole board decisions as provided in 28 V.S.A.
§§ 502a and 507.
Sec. 9. 28 V.S.A. § 502a is amended to read:
§ 502a. RELEASE ON PAROLE
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   (e)(1) The Department shall identify each inmate meeting the presumptive
parole eligibility criteria in section 501a of this title and refer each eligible
inmate who does not meet the risk criteria set forth in subdivision (2) of this
subsection to the Parole Board for an administrative review at least 60 days
prior to the inmate’s eligibility date.
      (2) The Department shall screen each inmate it identifies as eligible for
presumptive parole for the risk criteria set forth in this subdivision. If the
Department determines that, based on clear and convincing evidence, there is a
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reasonable probability that the inmate’s release would result in a detriment to
the community, or that the inmate is not willing and capable of fulfilling the
obligations of parole, the Department shall, at least 60 days prior to the
inmate’s eligibility date, refer the inmate to the Parole Board for a parole
hearing.
      (3)(A) Within 30 days in advance of the inmate’s eligibility date, the
Parole Board shall conduct an administrative review of each inmate the
Department identifies as eligible for presumptive release who does not meet
the risk criteria set forth in subdivision (2) of this subsection. The Board may
deny presumptive release and set a hearing if it determines, through its
administrative review, that a victim or victims should have the opportunity to
participate in a parole hearing. If the Board determines there is a victim or
victims who should be notified, the Department shall notify the victim or
victims, and the Board shall provide them with the opportunity to participate in
a parole hearing. A victim may waive any notification.
           (B) The Parole Board shall conduct a parole hearing pursuant to
section 502 of this title for each eligible inmate that the Department determines
meets the risk criteria in subdivision (2) of this subsection.
Sec. 10. 28 V.S.A. § 507 is amended to read:
§ 507. NOTIFICATION TO VICTIM AND OPPORTUNITY TO TESTIFY
   (a) The Department of Corrections shall, unless waived by the victim:
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      (1) At at least 30 days prior to a parole eligibility hearing concerning the
defendant, notify the victim of a listed crime as defined in 13 V.S.A.
§ 5301(7), shall be notified as to the time and location of the hearing and as to
the victim’s right to testify before the Parole Board or to submit a written
statement for the Parole Board to consider; and
      (2) promptly inform the victim of the decision of the Parole Board,
including providing to the victim any conditions attached to the defendant’s
release on parole. Such notification may be waived by the victim in writing.
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Sec. 11. EFFECTIVE DATE
   This act shall take effect on July 1, 2026.
Date Governor signed bill: May 26, 2026
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