Vt. Stat. Ann. » Title 28 Chapter 5
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 28, § 204 (2026)

✓ current as of May 2026
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Subchapter 001 : GENERAL PROVISIONS

(Cite as: 28 V.S.A. § 204)
Notes of Decisions
Cited in 12 cases, 1977–2018 · leading case: In re Carter, 2004 VT 21 (Vt. 2004).
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In re Carter, 2004 VT 21 (Vt. 2004). · cites it 3× “The officer must present a sentencing recommendation, see 28 V.S.A. § 204(b), which is frequently accepted by the sentencing judge.”
State v. Jeffrey Davis, 186 A.3d 1088 (Vt. 2018). · cites it 3× “" 28 V.S.A. § 204(e). A victim is defined as "a person who sustains physical, emotional, or financial injury or death as a direct result of the commission or attempted commission of a crime.”
State v. LaBounty, 702 A.2d 82 (Vt. 1997). · cites it 8× “I. Before proceeding further, we deem it helpful to review the nature of PSIs and their role in the criminal justice process.”
In Re Meunier, 491 A.2d 1019 (Vt. 1985). · cites it 2× “The petitioner argues first that it was error to permit the victim to testify at the sentencing hearing, because 28 V.S.A. § 204 (e), requiring the inclusion of the victim’s statement in the presentence report, if the victim so chooses, excluded by implication any other form of…”
State v. Rathburn, 442 A.2d 452 (Vt. 1981). · cites it 2× “The fourth and fifth claims assert the presentence investigation report contained prejudicial information beyond the scope of 28 V.S.A. § 204 and was not timely filed.”
State v. Chambers, 477 A.2d 974 (Vt. 1984). “This provision goes beyond the requirements of 28 V.S.A. § 204(d) by requiring disclosure, and is intended to give a defendant an opportunity to evaluate and determine the accuracy of the report so that he may effectively challenge it if necessary.”
State v. Bacon, 702 A.2d 116 (Vt. 1997). · cites it 2× “*93 Although in Vermont PSIs are deemed privileged 2 by statute, see 28 V.S.A. § 204(d), we agree with these courts that, in some narrow circumstances, the confidentiality of PSIs must yield to a defendant’s due process rights.”
State v. Densmore, 624 A.2d 1138 (Vt. 1993). “This opinion should not be read to re *138 move the privilege attached to presentence reports, see 28 V.S.A. § 204(d), an issue that is not before us.”
Doe v. Salmon, 378 A.2d 512 (Vt. 1977). “The parties have cited us to no constitutional, statutory or common law authority, and we find none, which would support the premise that records of pardons granted by the Governor are exceptions to the general law of public records.”
State v. Francis, 568 A.2d 389 (Vt. 1989). · cites it 2× “For example, 28 V.S.A. § 204(a) states: A court, before which a person is being prosecuted for any crime, may in its discretion order the commissioner to submit a written report as to the circumstances of the alleged offense and the character and previous record of the person,…”
State v. Grenier, 605 A.2d 853 (1992). “Nevertheless, the PSI remains available for use after sentencing by corrections and parole officials, including the parole board whenever it considers releasing an inmate on parole.”
State v. Rebideau, 138 Vt. 643 (Vt. 1980). “…to inspect is denied. See 28 V.S.A. § 204(d). Hill, J.”
— Vt. Stat. Ann. tit. 28, § 204(a) — 2 cases
State v. LaBounty, 702 A.2d 82 (Vt. 1997). “I. Before proceeding further, we deem it helpful to review the nature of PSIs and their role in the criminal justice process.”
State v. Francis, 568 A.2d 389 (Vt. 1989). “For example, 28 V.S.A. § 204(a) states: A court, before which a person is being prosecuted for any crime, may in its discretion order the commissioner to submit a written report as to the circumstances of the alleged offense and the character and previous record of the person,…”
— Vt. Stat. Ann. tit. 28, § 204(b) — 1 case
In re Carter, 2004 VT 21 (Vt. 2004). “The officer must present a sentencing recommendation, see 28 V.S.A. § 204(b), which is frequently accepted by the sentencing judge.”
— Vt. Stat. Ann. tit. 28, § 204(c) — 1 case
State v. Rathburn, 442 A.2d 452 (Vt. 1981). “The fourth and fifth claims assert the presentence investigation report contained prejudicial information beyond the scope of 28 V.S.A. § 204 and was not timely filed.”
— Vt. Stat. Ann. tit. 28, § 204(d) — 7 cases
State v. LaBounty, 702 A.2d 82 (Vt. 1997). “I. Before proceeding further, we deem it helpful to review the nature of PSIs and their role in the criminal justice process.”
State v. Chambers, 477 A.2d 974 (Vt. 1984). “This provision goes beyond the requirements of 28 V.S.A. § 204(d) by requiring disclosure, and is intended to give a defendant an opportunity to evaluate and determine the accuracy of the report so that he may effectively challenge it if necessary.”
State v. Bacon, 702 A.2d 116 (Vt. 1997). “*93 Although in Vermont PSIs are deemed privileged 2 by statute, see 28 V.S.A. § 204(d), we agree with these courts that, in some narrow circumstances, the confidentiality of PSIs must yield to a defendant’s due process rights.”
State v. Densmore, 624 A.2d 1138 (Vt. 1993). “This opinion should not be read to re *138 move the privilege attached to presentence reports, see 28 V.S.A. § 204(d), an issue that is not before us.”
Doe v. Salmon, 378 A.2d 512 (Vt. 1977). “The parties have cited us to no constitutional, statutory or common law authority, and we find none, which would support the premise that records of pardons granted by the Governor are exceptions to the general law of public records.”
— Vt. Stat. Ann. tit. 28, § 204(e) — 2 cases
State v. Jeffrey Davis, 186 A.3d 1088 (Vt. 2018). “" 28 V.S.A. § 204(e). A victim is defined as "a person who sustains physical, emotional, or financial injury or death as a direct result of the commission or attempted commission of a crime.”
State v. Francis, 568 A.2d 389 (Vt. 1989). “For example, 28 V.S.A. § 204(a) states: A court, before which a person is being prosecuted for any crime, may in its discretion order the commissioner to submit a written report as to the circumstances of the alleged offense and the character and previous record of the person,…”
— Vt. Stat. Ann. tit. 28, § 204(f) — 1 case
In re Carter, 2004 VT 21 (Vt. 2004). “The officer must present a sentencing recommendation, see 28 V.S.A. § 204(b), which is frequently accepted by the sentencing judge.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.