State v. Darryl M. Galloway

Summary

The Vermont Supreme Court reversed a probation-violation finding against Darryl M. Galloway. The court held that the Department of Corrections impermissibly modified the plain language of a probation condition requiring completion of a DOC-approved sex-offender treatment program by requiring completion of a specific in-prison program. The court concluded that the trial court’s reliance on that interpretation constituted plain error and reversed the revocation of probation.

Holdings

1. DOC impermissibly modified condition 31 by interpreting the requirement of a sex-offender program approved by DOC to mandate completion of the VTPSA high-intensity prison program during defendant’s incarceration.
2. The trial court committed plain error by finding that defendant violated condition 31 based on DOC’s impermissible modification of that condition.
3. The court could not find that defendant actively refused to comply with condition 31 or intended not to comply because the condition permitted completion of a sex-offender treatment program of defendant’s choosing in the community, and defendant had not had that opportunity.

Questions Presented

1. Whether DOC impermissibly modified probation condition 31 by requiring defendant to complete the VTPSA high-intensity prison program while incarcerated.
2. Whether the trial court committed plain error by finding that defendant violated condition 31 based on DOC’s interpretation of the condition.
3. Whether defendant’s failure to complete the VTPSA program constituted an active refusal to comply with condition 31 despite the possibility of completing treatment later in the community.

Disposition

reversed