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Vermont Statutes Annotated

Vt. Stat. Ann. tit. 13, § 7031 (2026)

✓ current as of May 2026
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Subchapter 002 : SENTENCE AND COMMITMENT

(Cite as: 13 V.S.A. § 7031)
Notes of Decisions
Cited in 62 cases (8 in the last 5 years), 1965–2025 · leading case: State v. Delaoz, 2010 VT 65 (Vt. 2011).
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State v. Delaoz, 2010 VT 65 (Vt. 2011). · cites it 32× “t: (1) failed to suppress physical evidence that was the fruit of an illegal interrogation; (2) allowed prejudicial testimony concerning defendant's possession of contraband while at the police station for questioning; (3) considered impermissible information in sentencing…”
State v. Blondin, 665 A.2d 587 (Vt. 1995). · cites it 14× “2d 1002, 1004 (1989); however, 13 V.S.A. § 7031 is primarily administrative in nature and not truly penal because it neither defines an offense nor prescribes a punishment.”
State v. Kimmick, 2007 VT 45 (Vt. 2007). · cites it 7× “Defendant's third argument is that the district court's sentence is illegal because reducing the maximum sentence through good-time credits under 28 V.”
State v. Sommer, 2011 VT 59 (Vt. 2011). · cites it 9× “§ 7044(a), in all cases where the court imposes a sentence that includes incarceration, the Commissioner of Corrections must provide the court and the Defender General with a calculation of “the potential shortest and longest lengths of time the defendant may be incarcerated…”
State v. Lambert, 2003 VT 28 (Vt. 2003). · cites it 4× “” We do not believe that the omission of the independent assault element from the oral instructions resulted in a miscarriage of justice.”
State v. Aubuchon, 2014 VT 12 (Vt. 2014). · cites it 4× “13 V.S.A. § 7031 is amended to read: (b) The sentence of imprisonment of any person convicted of an offense shall commence to run from the date on which the person is received at the correction.”
State v. Kenvin, 2011 VT 123 (Vt. 2011). · cites it 3× “Defendant argues that a sentence with a gap of only thirty days between the minimum and maximum term is a fixed sentence in violation of 13 V.S.A. § 7031(a). Although we generally defer to sentencing courts absent exceptional circumstances, we review de novo whether a sentence…”
State v. Aubuchon, 195 Vt. 571 (Vt. 2014). · cites it 4× “13 V.S.A. § 7031 is amended to read: . . .”
State v. Burke, 2012 VT 50 (Vt. 2012). · cites it 3× “Defendant also contends that the trial court violated 13 V.S.A. § 7031, which prohibits indeterminate sentencing.”
State v. Dale Byam, 172 A.3d 171 (Vt. 2017). · cites it 6× “The question on appeal is whether defendant is entitled to credit toward service of his sentence under 13 V.S.A. § 7031 for any of the time he spent prior to his sentencing under conditions of release that included a twenty-four-hour curfew.”
State v. Hendricks, 787 A.2d 1270 (Vt. 2001). · cites it 2× “" NOTES [1] At oral argument, the State conceded that the trial court had failed to award defendant credit for time served to which he was entitled pursuant to 13 V.S.A. § 7031(b), and subsequently the parties entered into a stipulation in which defendant was awarded appropriate…”
State v. Young, 925 A.2d 1016 (Vt. 2007). · cites it 3× “As the trial court observed, however, the DOC is charged with the responsibility to calculate “the effect of any credit for time served as ordered by the court pursuant to 13 V.S.A. § 7031.” 13 V.S.A. § 7044. Section 7031(b) states that the “court shall give the person credit…”
Show all 62 citing cases →
— Vt. Stat. Ann. tit. 13, § 7031(a) — 12 cases
State v. Delaoz, 2010 VT 65 (Vt. 2011). “t: (1) failed to suppress physical evidence that was the fruit of an illegal interrogation; (2) allowed prejudicial testimony concerning defendant's possession of contraband while at the police station for questioning; (3) considered impermissible information in sentencing…”
State v. Kenvin, 2011 VT 123 (Vt. 2011). “Defendant argues that a sentence with a gap of only thirty days between the minimum and maximum term is a fixed sentence in violation of 13 V.S.A. § 7031(a). Although we generally defer to sentencing courts absent exceptional circumstances, we review de novo whether a sentence…”
State v. Kimmick, 2007 VT 45 (Vt. 2007). “Defendant's third argument is that the district court's sentence is illegal because reducing the maximum sentence through good-time credits under 28 V.”
State v. Lambert, 2003 VT 28 (Vt. 2003). “” We do not believe that the omission of the independent assault element from the oral instructions resulted in a miscarriage of justice.”
State v. Burke, 2012 VT 50 (Vt. 2012). “Defendant also contends that the trial court violated 13 V.S.A. § 7031, which prohibits indeterminate sentencing.”
— Vt. Stat. Ann. tit. 13, § 7031(a)(1) — 1 case
Woods v. State (Vt. Super. Ct. 2025).
— Vt. Stat. Ann. tit. 13, § 7031(b) — 31 cases
State v. Blondin, 665 A.2d 587 (Vt. 1995). “2d 1002, 1004 (1989); however, 13 V.S.A. § 7031 is primarily administrative in nature and not truly penal because it neither defines an offense nor prescribes a punishment.”
State v. Sommer, 2011 VT 59 (Vt. 2011). “§ 7044(a), in all cases where the court imposes a sentence that includes incarceration, the Commissioner of Corrections must provide the court and the Defender General with a calculation of “the potential shortest and longest lengths of time the defendant may be incarcerated…”
State v. Aubuchon, 2014 VT 12 (Vt. 2014). “13 V.S.A. § 7031 is amended to read: (b) The sentence of imprisonment of any person convicted of an offense shall commence to run from the date on which the person is received at the correction.”
State v. Aubuchon, 195 Vt. 571 (Vt. 2014). “13 V.S.A. § 7031 is amended to read: . . .”
State v. Hendricks, 787 A.2d 1270 (Vt. 2001). “" NOTES [1] At oral argument, the State conceded that the trial court had failed to award defendant credit for time served to which he was entitled pursuant to 13 V.S.A. § 7031(b), and subsequently the parties entered into a stipulation in which defendant was awarded appropriate…”
— Vt. Stat. Ann. tit. 13, § 7031(b)(1) — 4 cases
Shayne Fleming-Pancione v. Lisa Menard, Comm'r, Dep't of Corr., 171 A.3d 1020 (Vt. 2017).
bosley v. menard (Vt. Super. Ct. 2023).
Burke v. Deml (Vt. Super. Ct. 2024).
James Burke v. Nicholas Deml (Vt. 2025).
— Vt. Stat. Ann. tit. 13, § 7031(c) — 2 cases
Julio Davila v. Nicholas Deml, 2025 VT 39 (Vt. 2025).
Davila v. Deml (Vt. Super. Ct. 2024).
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