State's Attorney for a Day: Community Supervision

Every day, state's attorneys are charged with making life-altering decisions. What would you do when faced with these kinds of decisions, and what impact might those choices have on everyday Vermonters' lives?

Case 3: A 45 year-old person with a felony conviction for possessing 10 or more doses of a hallucinogenic drug (mushrooms) is released on 1 year probation and six months later is found to have drunk alcohol. The use of alcohol violates the terms of the individual’s probation.

What would you do with this case? 

A: Recommend that probation be revoked and the person be imprisoned for the maximum remainder of their sentence—nearly five years.

A.A: Recommend that probation be revoked and the person be imprisoned for the maximum remainder of their sentence—nearly five years.

A.

Drinking alcohol is, of course, not a crime on its own, so this type of violation is known as a “technical violation” because it is only punishable by imprisonment based on the probation condition. Imprisoning someone for doing something that is otherwise legal wastes taxpayer resources, interrupts a person’s life and employment, and generally prevents a person from improving themselves in the long-term.

B: Recommend the probation be continued in the community and additional conditions such as treatment for substance use disorder or counseling services.

A.B: Recommend the probation be continued in the community and additional conditions such as treatment for substance use disorder or counseling services.

A.

Attaching new probation conditions allows the person to maintain their life in the community while incentivizing them to engage with services to ensure they do not violate probation again. It is more cost-effective and better for the individual, their family, and society.

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