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

Vt. Stat. Ann. tit. 28, § 205 (2026)

✓ current as of May 2026
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Subchapter 001 : GENERAL PROVISIONS

(Cite as: 28 V.S.A. § 205)
Notes of Decisions
Cited in 26 cases (2 in the last 5 years), 1973–2026 · leading case: State v. Thomas Bryan, 2016 VT 16 (Vt. 2016).
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State v. Thomas Bryan, 2016 VT 16 (Vt. 2016). · cites it 4× “The definition of a nonviolent felony found in 28 V.S.A. § 205(a)(3)(A) specifically excludes “sexual exploitation of children in violation of 13 V.”
In re Mark Jankowski, 2016 VT 112 (Vt. 2016). · cites it 4× “In Pratt, we considered two cases consolidated on appeal where the superior court had read § 304 in conjunction with 28 V.S.A. § 205(a), which provides for courts to suspend all or part of a 15 sentence “[a]fter passing sentence” to conclude that trial courts are permitted to…”
State v. Bostwick, 2014 VT 97 (Vt. 2014). · cites it 2× “In the vast majority of cases, these conditions are accepted by defendants and incorporated in a signed plea agreement—a contract between the State and the defendant—before they are reviewed by a judge.”
State v. Murray, 617 A.2d 135 (Vt. 1992). · cites it 3× “Although the regulatory provisions in Title 28 are normally used for post-sentence probation, see 28 V.S.A. § 205, they apply equally to probation imposed as part of a deferred sentence.”
State v. Bohannon, 2010 VT 22 (Vt. 2010). · cites it 2× “According to the law governing probation, "[a]fter passing sentence, a court may suspend all or part of the sentence and place the person so sentenced in the care and custody of the commissioner upon such conditions and for such time as it may prescribe.”
State v. Billy Joe Putnam, 2015 VT 113 (Vt. 2015). “6 Further, although in one other instance the probation *276 statutes reference “standard and special conditions of probation,” 28 V.S.A. § 205(c)(1), the terms are not defined in the statute and are not used in § 252.”
State v. Pratt, 795 A.2d 1148 (Vt. 2002). · cites it 3× “” In 28 V.S.A. § 205, the Legislature gave the trial courts broad discretion in fashioning original sentencing decisions, allowing the courts to decide not just the length of the sentence but also to establish portions to serve under incarceration and portions to be suspended…”
State v. Johnstone, 2013 VT 57 (Vt. 2013). “It is, however, not required by statute, see 28 V.S.A. § 205(c)(1), nor on the list specifically authorized by statute, id.”
In Re Hough, 458 A.2d 1134 (Vt. 1983). · cites it 2× “In that regard he argues that the term “discharge” is met where the person is no longer “in execution” of the former sentence, and that an individual on probation pursuant to 28 V.S.A. § 205 is not “in execution” of his sentence.”
State v. DeRosa, 633 A.2d 277 (Vt. 1993). “28 V.S.A. § 205. But suspension of a sentence of imprisonment does not negate the imposition of the sentence.”
United States v. Jon Tomasi, AKA John Tomasi, Jimmy Tomasi, AKA James Tomasi, & Frank Barrett, AKA Skip Barrett, 313 F.3d 653 (2d Cir. 2002). “” Vt. Stat. Ann. tit. 28, § 205 (2000) (emphasis added).”
United States v. James J. Glidden, 77 F.3d 38 (2d Cir. 1996). “” See 28 V.S.A. § 205 (1986). In 1993, Glidden was found to have violated his probation; the state court resentenced him to 30-60 days’ incarceration, suspended all but 18 days of that sentence, and again imposed probation.”
Show all 26 citing cases →
— Vt. Stat. Ann. tit. 28, § 205(a) — 6 cases
In re Mark Jankowski, 2016 VT 112 (Vt. 2016). “In Pratt, we considered two cases consolidated on appeal where the superior court had read § 304 in conjunction with 28 V.S.A. § 205(a), which provides for courts to suspend all or part of a 15 sentence “[a]fter passing sentence” to conclude that trial courts are permitted to…”
State v. Pratt, 795 A.2d 1148 (Vt. 2002). “” In 28 V.S.A. § 205, the Legislature gave the trial courts broad discretion in fashioning original sentencing decisions, allowing the courts to decide not just the length of the sentence but also to establish portions to serve under incarceration and portions to be suspended…”
State v. Bensh, 719 A.2d 1155 (Vt. 1998).
State v. Powers, 789 A.2d 962 (Vt. 2001).
Francis v. Hofmann, 2008 VT 137 (Vt. 2008).
— Vt. Stat. Ann. tit. 28, § 205(a)(1) — 2 cases
State v. Bostwick, 2014 VT 97 (Vt. 2014). “In the vast majority of cases, these conditions are accepted by defendants and incorporated in a signed plea agreement—a contract between the State and the defendant—before they are reviewed by a judge.”
State v. Bohannon, 2010 VT 22 (Vt. 2010). “According to the law governing probation, "[a]fter passing sentence, a court may suspend all or part of the sentence and place the person so sentenced in the care and custody of the commissioner upon such conditions and for such time as it may prescribe.”
— Vt. Stat. Ann. tit. 28, § 205(a)(2) — 2 cases
State v. Jeremy D. Ward (Vt. 2016).
State v. Andrew Jimmo (Vt. 2011).
— Vt. Stat. Ann. tit. 28, § 205(a)(3)(A) — 2 cases
State v. Thomas Bryan, 2016 VT 16 (Vt. 2016). “The definition of a nonviolent felony found in 28 V.S.A. § 205(a)(3)(A) specifically excludes “sexual exploitation of children in violation of 13 V.”
Cijka v. State (Vt. Super. Ct. 2026).
— Vt. Stat. Ann. tit. 28, § 205(a)(3)(B)(i) — 1 case
State v. Steven Perron (Vt. 2024).
— Vt. Stat. Ann. tit. 28, § 205(a)(3)(B)(ii) — 1 case
State v. Thomas Bryan, 2016 VT 16 (Vt. 2016). “The definition of a nonviolent felony found in 28 V.S.A. § 205(a)(3)(A) specifically excludes “sexual exploitation of children in violation of 13 V.”
— Vt. Stat. Ann. tit. 28, § 205(c)(1) — 2 cases
State v. Billy Joe Putnam, 2015 VT 113 (Vt. 2015). “6 Further, although in one other instance the probation *276 statutes reference “standard and special conditions of probation,” 28 V.S.A. § 205(c)(1), the terms are not defined in the statute and are not used in § 252.”
State v. Johnstone, 2013 VT 57 (Vt. 2013). “It is, however, not required by statute, see 28 V.S.A. § 205(c)(1), nor on the list specifically authorized by statute, id.”
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