S 181

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No. 93. An act relating to eliminating the requirement for a presentence
investigation for imposition of a deferred sentence.
                                      (S.181)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. § 7041 is amended to read:
§ 7041. DEFERRED SENTENCE
   (a)(1) Upon an adjudication of guilt and after the filing of a presentence
investigation report, the court may defer sentencing and place the respondent
on probation upon such terms and conditions as it may require if a written
agreement concerning the deferring of sentence is entered into between the
State’s Attorney and the respondent and filed with the clerk of the court.
       (2) If the offense is a listed crime as provided in subdivision 5301(7) of
this title, a presentence investigation shall be conducted unless the State’s
Attorney and the respondent agree to waive the presentence investigation.
       (3) If the offense is not a listed crime as provided in subdivision 5301(7)
of this title, the court may, at its discretion, order a presentence investigation.
   (b) Notwithstanding subsection (a) of this section, the court may defer
sentencing and place the respondent on probation without a written agreement
between the State’s Attorney and the respondent if the following conditions are
met:
       (1) [Repealed.]
       (2) the crime for which the respondent is being sentenced is not a listed
crime as defined in subdivision 5301(7) of this title;
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      (3) the court orders a presentence investigation in accordance with the
procedures set forth in V.R.C.P. Rule 32, unless the State’s Attorney agrees to
waive the presentence investigation; [Repealed.]
      (4) the court permits the victim to submit a written or oral statement
concerning the consideration of deferment of sentence;
      (5) the court reviews the presentence investigation and the victim’s
impact statement with the parties; and
      (6) the court determines that deferring sentence is in the interests of
justice.
   (c) Notwithstanding subsections (a) and (b) of this section, the court may
not defer a sentence for a violation of section 3253a (aggravated sexual assault
of a child), section 2602 (lewd and lascivious conduct with a child unless the
victim and the defendant were within five years of age and the act was
consensual), subsection 3252(c) (sexual assault of a child under 16 years of age
unless the victim and the defendant were within five years of age and the act
was consensual), subsection 3252(d) or (e) (sexual assault of a child),
subdivision 3253(a)(8) (aggravated sexual assault), or section 3253a
(aggravated sexual assault of a child) of this title.
   (d) Entry of deferment of sentence shall constitute an appealable judgment
for purposes of appeal in accordance with 12 V.S.A. § 2383 and V.R.A.P. Rule
3. Except as otherwise provided, entry of deferment of sentence shall
constitute imposition of sentence solely for the purpose of sentence review in
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accordance with section 7042 of this title. The court may impose sentence at
any time if the respondent violates the conditions of the deferred sentence
during the period of deferment.
   (e) Upon violation of the terms of probation or of the deferred sentence
agreement, the court shall impose sentence. Upon fulfillment of the terms of
probation and of the deferred sentence agreement, the court shall strike the
adjudication of guilt and discharge the respondent. Except as provided in
subsection (h) of this section, the record of the criminal proceedings shall be
expunged upon the discharge of the respondent from probation, absent a
finding of good cause by the court. The court shall issue an order to expunge
all records and files related to the arrest, citation, investigation, charge,
adjudication of guilt, criminal proceedings, and probation related to the
deferred sentence. Copies of the order shall be sent to each agency,
department, or official named therein. Thereafter, the court, law enforcement
officers, agencies, and departments shall reply to any request for information
that no record exists with respect to such person upon inquiry in the matter.
Notwithstanding this subsection, the record shall not be expunged until
restitution has been paid in full.
   (f) A deferred sentence imposed under subsection (a) or (b) of this section
may include a restitution order issued pursuant to section 7043 of this title.
Nonpayment of restitution shall not constitute grounds for imposition of the
underlying sentence.
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   (g) [Repealed.]
   (h) The Vermont Crime Information Center shall retain a special index of
deferred sentences for sex offenses that require registration pursuant to
subchapter 3 of chapter 167, subchapter 3 of this title. This index shall only
list the name and date of birth of the subject of the expunged files and records,
the offense for which the subject was convicted, and the docket number of the
proceeding that was the subject of the expungement. The special index shall
be confidential and may be accessed only by the director of the Vermont Crime
Information Center and a designated clerical staffperson staff person for the
purpose of providing information to the Department of Corrections in the
preparation of a presentence investigation in accordance with 28 V.S.A. §§ 204
and 204a.
Sec. 2. EFFECTIVE DATE
   This act shall take effect on July 1, 2026.
Date Governor signed bill: May 6, 2026
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