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Vermont Sex Offenders May Not Challenge DOC Programming Decisions

Vermont prisoners may not challenge sex offender programming requirements, the Vermont Supreme Court decided on July 1, 2011.

Allen Rheaume, a sex offender serving a life sentence, sought review of the Vermont Department of Corrections (DOC) decision to classify him as “high risk” sex offender, and to place him in sex offender related programming. Rheaume has 48 prior convictions, five of which are for sex offenses.

Rheaume argued that the DOC’s classification and programming decisions were reviewable under Vermont Rule of Civil Procedure 75. The Vermont Supreme Court held that programming requirements for “high risk” sex offenders are not reviewable under that rule because such decisions are committed to the discretion of the DOC.

See: Rheaume v. Pallito, (2010-355) (Vt. Sup. Ct).

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Related legal case

Rheaume v. Pallito