This rule is adopted pursuant to 28 V.S.A. § 818 which states that the Department of Corrections shall implement a program of earned time, and the Vermont Administrative Procedures Act, 3 V.S.A. §§ 800 et seq.
The purpose of this rule is to ensure the earned time program implemented by the Department complies with the standards identified in 28 V.S.A. § 818(b).
Offenders will be awarded earned time for each month they meet both of the following criteria:
Offenders who meet the eligibility criteria shall earn a reduction of seven (7) days on the minimum and maximum sentence for each month during which the offender adheres to such criteria.
Earned Time Prorate Chart Eligible offenders can earn up to 7 days of Earned Time each month on their minimum and maximum sentence. Prorated Earned Time will be determined by the number of days per month earned. | ||||
# days incarcerated (includes furloughs) per month | 1-9 days | 10-18 days | 19-27 days | 28-31 days |
# days on minimum & maximum sentence | 2 | 4 | 6 | 7 |
No less frequently than every 90 days, the Department will provide notice to the offender of any earned time reduction to the offender's term of supervision. The Department will document and record all such reductions in each offender's permanent record monthly.
The Department will maintain a victim-accessible system of information on earned time sentence reductions. The Department will ensure that all victims of record are notified of the earned time program and of their right to access information on earned-time-related changes to offenders' sentences. Victims may choose to decline access to such information.
Offenders serving Vermont sentences in out-of-state facilities can earn time under the same process as if they were housed in a Vermont facility, as long as they are otherwise eligible pursuant to the requirements set out in 28 V.S.A. § 818(b).
Offenders earning time credit on their minimum sentences are eligible for release on the new minimum date. They are not automatically released on the new minimum date.
13-013 Code Vt. R. 13-130-013-X
December 1, 1993 Secretary of State Rule Log #93-84
AMENDED:
June 6, 2021 Secretary of State Rule Log #21-011
STATUTORY AUTHORITY:
28 V.S.A. § 101, 102, 601, 811-813, 851-855