28 V.S.A. § 801 — VT Code / Title 28 / Chapter 11 / Section 801
§ 801. Medical care of inmates
Status: in_force

(a) Provision of medical care. The Department shall provide health care for inmates in accordance with the prevailing medical standards. When the provision of such care requires that the inmate be taken outside the boundaries of the correctional facility wherein the inmate is confined, the Department shall provide reasonable safeguards, when deemed necessary, for the custody of the inmate while the inmate is confined at a medical facility.

(b) Screenings and assessments.

(1) Upon admission to a correctional facility for a minimum of 14 consecutive days, each inmate shall be given a physical assessment unless extenuating circumstances exist.

(2) Within 24 hours after admission to a correctional facility, each inmate shall be screened for substance use disorders as part of the initial and ongoing substance use screening and assessment process. This process includes screening and assessment for opioid use disorders.

(c) Emergency care. When there is reason to believe an inmate is in need of medical care, the officers and employees shall render emergency first aid and immediately secure additional medical care for the inmate in accordance with the standards set forth in subsection (a) of this section. A correctional facility shall have on staff at all times at least one person trained in emergency first aid.

(d) Policies. The Department shall establish and maintain policies for the delivery of health care in accordance with the standards in subsection (a) of this section.

(e) Pre-existing prescriptions; definitions for subchapter.

(1) Except as otherwise provided in this subsection, an inmate who is admitted to a correctional facility while under the medical care of a licensed physician, a licensed physician assistant, or a licensed advanced practice registered nurse and who is taking medication at the time of admission pursuant to a valid prescription as verified by the inmate's pharmacy of record, primary care provider, other licensed care provider, or as verified by the Vermont Prescription Monitoring System or other prescription monitoring or information system, including buprenorphine, methadone, or other medication prescribed in the course of medication for opioid use disorder, shall be entitled to continue that medication and to be provided that medication by the Department pending an evaluation by a licensed physician, a licensed physician assistant, or a licensed advanced practice registered nurse.

(2) Notwithstanding subdivision (1) of this subsection, the Department may defer provision of a validly prescribed medication in accordance with this subsection if, in the clinical judgment of a licensed physician, a physician assistant, or an advanced practice registered nurse, it is not medically necessary to continue the medication at that time.

(3) The licensed practitioner who makes the clinical judgment to discontinue a medication shall cause the reason for the discontinuance to be entered into the inmate's medical record, specifically stating the reason for the discontinuance. The inmate shall be provided, both orally and in writing, with a specific explanation of the decision to discontinue the medication and with notice of the right to have the inmate's community-based prescriber notified of the decision. If the inmate provides signed authorization, the Department shall notify the community-based prescriber in writing of the decision to discontinue the medication.

(4) It is not the intent of the General Assembly that this subsection shall create a new or additional private right of action.

(5) As used in this subchapter:

(A) “Medically necessary” describes health care services that are appropriate in terms of type, amount, frequency, level, setting, and duration to the individual's diagnosis or condition; are informed by generally accepted medical or scientific evidence; and are consistent with generally accepted practice parameters. Such services shall be informed by the unique needs of each individual and each presenting situation and shall include a determination that a service is needed to achieve proper growth and development or to prevent the onset or worsening of a health condition.

(B) “Medication for opioid use disorder” has the same meaning as in 18 V.S.A. § 4750.

(f) Third-party medical provider contracts. Any contract between the Department and a provider of physical or mental health services shall establish policies and procedures for continuation and provision of medication at the time of admission and thereafter, as determined by an appropriate evaluation, which will protect the health of inmates.

(g) Prescription medication; reentry planning.

(1) If an offender takes a prescribed medication while incarcerated and that prescribed medication continues to be both available at the facility and clinically appropriate for the offender at the time of discharge from the correctional facility, the Department or its contractor shall provide the offender, at the time of release, with not less than a 28-day supply of the prescribed medication, if possible, to ensure that the offender may continue taking the medication as prescribed until the offender is able to fill a new prescription for the medication in the community. The Department or its contractor shall also provide the offender exiting the facility with a valid prescription to continue the medication after any supply provided during release from the facility is depleted.

(2) The Department or its contractor shall identify any necessary licensed health care provider or substance use disorder treatment program, or both, and schedule an intake appointment for the offender with the provider or program to ensure that the offender can continue care in the community as part of the offender's reentry plan. The Department or its contractor may employ or contract with a case worker or health navigator to assist with scheduling any health care appointments in the community.
28 V.S.A. § 1404 — VT Code / Title 28 / Chapter 23 / Section 1404
§ 1404. Procedures and rights-Article IV
Status: in_force

(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his or her status changed on account of any action or proceeding in which he or she could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his or her exercise of any power in respect of any inmate confined pursuant to the terms of this compact.
28 V.S.A. § 761 — VT Code / Title 28 / Chapter 11 / Section 761
§ 761. Offender work programs expansion
Status: in_force

The Vermont Correctional Industries component of the offender work programs shall not expand into an existing market until the Commissioner or designee has evaluated the impact of expansion on private sector business.
28 V.S.A. § 453 — VT Code / Title 28 / Chapter 7 / Section 453
§ 453. Advisory board for pardons
Status: in_force

On request of the Governor, the Board shall act as an advisory board to assist or act for him or her in investigating or hearing matters pertaining to pardons, and may make recommendations to him or her regarding such matters.
28 V.S.A. § 854 — VT Code / Title 28 / Chapter 11 / Section 854
§ 854. Grievances
Status: in_force

The Commissioner shall establish procedures to review the grievances of inmates. The Commissioner may utilize the services of a hearing officer to review grievances. Such procedures shall provide for the following:

(1) The review of grievances shall be by a person or persons other than the person or persons directly responsible for the conditions or actions giving rise to the grievance.

(2) All inmates shall be allowed to communicate grievances directly to the Commissioner, and an inmate's right to file grievances shall not be restricted.

(3) All inmates shall be informed of the grievance procedure, which shall be available to all inmates.
28 V.S.A. § 1351 — VT Code / Title 28 / Chapter 22 / Section 1351
§ 1351. Article I; Purpose
Status: in_force

(a) The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 of 1965, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the interstate commission created hereunder, through means of joint and cooperative action among the compacting states:

(1) to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community;

(2) to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending, and receiving states; and

(3) to equitably distribute the costs, benefits, and obligations of the compact among the compacting states.

(b) In addition, this compact shall:

(1) create an interstate commission which shall establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies which shall promulgate rules to achieve the purpose of this compact;

(2) ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;

(3) establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators;

(4) monitor compliance with rules governing interstate movement of offenders, and initiate interventions to address and correct noncompliance; and

(5) coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.

(c) The compacting states recognize that there is no right of any offender to live in another state, and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and of bylaws and rules promulgated hereunder.

(d) It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and are therefore public business.
28 V.S.A. § 502b — VT Code / Title 28 / Chapter 7 / Section 502b
§ 502b. Terms and conditions of parole
Status: in_force

(a) When an inmate is paroled, the Parole Board shall establish terms and conditions of parole that it deems reasonably necessary to ensure that the inmate will lead a law-abiding life and that will assist the inmate to do so. Such terms and conditions shall be set forth in the parolee's parole agreement. Terms and conditions of parole shall be designed to protect the victim, potential victims, and the public, and to reduce the risk of reoffense. Such conditions may include prohibiting the use of alcohol; prohibiting having contact with minors; prohibiting or limiting the use of a computer or other electronic devices; permitting a probation officer access to all computers or other digital or electronic media, mail covers, subscription services, and credit card statements; and if a probation officer has reasonable grounds to believe the offender has violated a parole condition, permitting a probation officer to monitor or examine the offender's activities, communications, and use of any computer or other digital or electronic device, including cell phone, smartphone, digital camera, digital video camera, digital music player or recorder, digital video player or recorder, personal digital assistant, portable electronic storage device, gaming system, or any other contemporary device capable of the storage of digital electronic communication or data storage or access to the Internet or other computer or digital network.

(b) The Parole Board may require a parolee as a condition of parole to participate, as a resident or nonresident, in programs at a treatment center for all or part of the period of parole, provided that the Commissioner certifies that adequate treatment facilities, personnel, and programs are available. If the Commissioner determines that the person's residence in the center or participation in its programs, or both, should be terminated because the person can derive no further significant benefits from such residence or participation, or both, or because his or her residence or participation adversely affects the rehabilitation of other residents or participants, he or she shall so notify the Board, which shall thereupon make such other provision with respect to the person as it deems appropriate.

(c) A person residing in and participating in programs at a treatment center shall abide by the rules and regulations of the center and may be required to pay such costs incident to residents as the Commissioner deems appropriate.
28 V.S.A. § 452 — VT Code / Title 28 / Chapter 7 / Section 452
§ 452. Official seal; records
Status: repealed

(a) The Board shall adopt an official seal of which the courts shall take judicial notice.

(b) The Board shall keep a record of its acts and shall notify each correctional facility of its decisions relating to persons confined in that facility.

(c) [Repealed.]
28 V.S.A. § 751a — VT Code / Title 28 / Chapter 11 / Section 751a
§ 751a. Definitions
Status: in_force

For purposes of this subchapter:

(1) “Assembled product” means a good produced by combining articles or components where none of the articles or components were fabricated, changed, or altered by the use of offender labor.

(2) “Offender service labor” means the use of offender labor for projects such as brush clearing, painting, repairing, and construction.

(3) “Offender work product” means a good fabricated by inmate labor in whole or in part from raw or prepared materials, so as to impart to those materials new forms, qualities, or properties.
28 V.S.A. § 809 — VT Code / Title 28 / Chapter 11 / Section 809
§ 809. Pardons; application; notice; hearing; decision
Status: in_force

(a) When a person in confinement under sentence for a term of one year or more at any correctional facility applies to the Governor for a pardon, the application shall be in writing stating in substance the reasons for the application. If the Governor, in his or her opinion, believes the reason stated in the application, if proved true, would constitute cause for granting the pardon, within reasonable time he or she shall designate a time and place for hearing the same. He or she shall cause notice of the application and of the hearing to be given to the applicant and to the State's Attorney of the county in which the applicant was convicted and sentenced.

(b) At the hearing, the Governor may direct as to the method of procedure in all respects and may adjourn the hearing from time to time as their convenience requires. When a decision has been made, it shall be communicated in writing to the applicant and to the State's Attorney, and, at the direction of the Governor, may be published in one or more newspapers published in the State.
28 V.S.A. § 1508 — VT Code / Title 28 / Chapter 25 / Section 1508
§ 1508. Enactment and withdrawal-Article VIII
Status: in_force

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.
28 V.S.A. § 721 — VT Code / Title 28 / Chapter 11 / Section 721
§ 721. Offender reintegration; State policy
Status: in_force

The Department shall establish an offender reintegration process that requires offenders to be held accountable to their victims and the community. This process shall provide opportunities for victims of crime and other members of the community to participate in reentry programs under section 2a of this title and to allow for victims and members of the communities to provide input to the Department as provided for in subsection 104(a) of this title. Such input shall include the nature of the planned supervision, the offender's work and education needs, the potential impact to the victim(s) of the offender's presence in the community, and the opportunities to make use of the offender's abilities within the community. An offender who participates in the reintegration process provided for in this subchapter may be placed in the community under the Department's supervision for the remainder of the sentence if the Department is satisfied that the offender is demonstrating progress in his or her reentry programs and that the offender does not present an unreasonable risk to his or her victims or to the community at large.
28 V.S.A. § 124 — VT Code / Title 28 / Chapter 3 / Section 124
§ 124. Department of Corrections; Corrections Investigative Unit
Status: in_force

(a) Creation. There is created the Corrections Investigative Unit (CIU) within the Department. The CIU shall investigate the following topics to comply with federal law and to identify systemic issues within the Department:

(1) allegations of violations of the Prison Rape Elimination Act;

(2) major events that occur in the Department, including the death of an individual in the custody of the Department or the escape of an individual from a facility or the custody of Department staff;

(3) Department compliance with policies, procedures, and directives;

(4) the movement of contraband in facilities; and

(5) threats against the personal safety of Department employees and individuals in the custody of the Department.

(b) Staff. The Commissioner of Corrections shall appoint and employ sufficient staff and adopt the necessary procedures for the CIU to carry out the duties required under this section.

(c) Coordination. The CIU shall coordinate with outside investigative agencies and law enforcement agencies concerning criminal allegations and shall coordinate with a designated point of contact at the Department of Human Resources on employee misconduct investigations and disciplinary actions. The CIU shall conduct personal safety planning as necessary for employees who receive threats.

(d) Employee rights.

(1) An employee who is subject to questioning or investigation by the CIU shall be entitled to all procedural and substantive rights afforded to the employee by State and federal law and any applicable collective bargaining agreement or employment contract, including any contractual rights that apply to proceedings or investigations that may result in an adverse employment action.

(2) Information gathered by the CIU in the course of an investigation shall be subject to discovery pursuant to the applicable rules of the Vermont Labor Relations Board or a court of competent jurisdiction, as appropriate.

(e) Collective bargaining. Nothing in this section shall be construed to limit the right of the State and the employee organization to collectively bargain with respect to matters related to investigations and employee discipline that are not otherwise controlled by statute.
28 V.S.A. § 120 — VT Code / Title 28 / Chapter 3 / Section 120
§ 120. Department of Corrections education program; independent school
Status: repealed

(a) Authority. An education program is established within the Department of Corrections for the education of persons who have not completed secondary education or are assessed to have a moderate-to-high criminogenic need by one or more corrections risk assessments and who are committed to the custody of the Commissioner.

(b) Applicability of education provisions. The education program shall be approved by the State Board of Education as an independent school under 16 V.S.A. § 166, and shall be coordinated with adult education, special education, and career technical education.

(c) Program supervision. The Commissioner of Corrections shall appoint a licensed administrator under 16 V.S.A. chapter 51 to serve as the Headmaster of Correction Education and coordinate use of other education programs by persons under the supervision of the Commissioner.

(d) Curriculum. The education program shall offer a minimum course of study, as defined in 16 V.S.A. § 906, and special education programs in accordance with the program description used for independent school approval.

(e) [Repealed.]

(f) Reimbursement payments. The provision of 16 V.S.A. § 4012, relating to payment for State-placed students, shall not apply to the Corrections education program.

(g) [Repealed.]

(h) Required participation. All persons under the custody of the Commissioner who are under 23 years of age and have not received a high school diploma, or are assessed to have a moderate-to-high criminogenic need and are within 24 months of reentry shall participate in an education program. The Commissioner may approve the participation of other students, including individuals who are enrolled in an alternative justice or diversion program.
28 V.S.A. § 813 — VT Code / Title 28 / Chapter 11 / Section 813
§ 813. Restoration of reductions
Status: in_force

The supervising officer of any facility wherein an inmate is confined may restore, following the established procedures within the facility, any denied or forfeited good behavior reductions or such portions thereof as he or she deems proper upon approval of the Commissioner.
28 V.S.A. § 1536 — VT Code / Title 28 / Chapter 25 / Section 1536
§ 1536. Administrator
Status: in_force

The Commissioner of Corrections shall serve as central administrator of and information agent for the Agreement on Detainers.
28 V.S.A. § 202 — VT Code / Title 28 / Chapter 5 / Section 202
§ 202. Powers and responsibilities of the Commissioner regarding probation
Status: in_force

The Commissioner shall be charged with the following powers and responsibilities regarding the administration of probation:

(1) To maintain general supervision of persons placed on probation, and to prescribe rules, consistent with any orders of the court, governing the conduct of such persons.

(2) To supervise the administration of probation services and establish policies and standards and make rules regarding probation investigation, supervision, case work and case loads, record keeping, and the qualification of probation officers.

(3) To use electronic monitoring equipment such as global position monitoring, automated voice recognition telephone equipment, and transdermal alcohol monitoring equipment to enable more effective or efficient supervision of individuals placed on probation. Transdermal alcohol monitoring equipment shall be used for such purposes as discouraging persons whose licenses have been suspended for DUI from operating motor vehicles on Vermont highways.
28 V.S.A. § 1405 — VT Code / Title 28 / Chapter 23 / Section 1405
§ 1405. Acts not reviewable in receiving state: extradition-Article V
Status: in_force

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he or she is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.
28 V.S.A. § 1603 — VT Code / Title 28 / Chapter 27 / Section 1603
§ 1603. Contracts-Article III
Status: in_force

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

(1) Its duration.

(2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance.

(3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

(4) Delivery and retaking of inmates.

(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
28 V.S.A. § 503 — VT Code / Title 28 / Chapter 7 / Section 503
§ 503. Adoption of rules
Status: in_force

The Board may adopt such rules, consistent with the provisions of this chapter, as it considers proper or necessary regarding the eligibility of inmates for parole, the conduct of parole interviews and reviews, or the conditions to be applied to inmates released on parole and parole revocation.
28 V.S.A. § 1610 — VT Code / Title 28 / Chapter 27 / Section 1610
§ 1610. Construction and severability-Article X
Status: in_force

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
28 V.S.A. § 1403 — VT Code / Title 28 / Chapter 23 / Section 1403
§ 1403. Contracts-Article III
Status: in_force

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

(1) Its duration.

(2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

(3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

(4) Delivery and retaking of inmates.

(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) Subject to legislative approval by the states concerned and prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific per centum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

(c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.
28 V.S.A. § 204 — VT Code / Title 28 / Chapter 5 / Section 204
§ 204. Submission of written report; production of records
Status: in_force

(a) 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 criminal history record of the person, with recommendation. If the presentence investigation report is being prepared in connection with a person's conviction for a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3, the Commissioner shall obtain information pertaining to the person's juvenile record, if any, in accordance with 33 V.S.A. §§ 5117 and 5119(f)(6), and any deferred sentences received for a registrable sex offense in accordance with 13 V.S.A. § 7041(h), and include such information in the presentence investigation report.

(b) The court shall order such a report to be made before imposing sentence when the respondent is adjudged guilty of a felony, except as otherwise provided by rules of the Supreme Court. If the report has been made to any court within the State within a period of two years with reference to such individual, in connection with the same or another offense, submission of a copy of that report may fulfill the requirements of this section, if the court to which the report is to be submitted approves. Upon request, the Commissioner shall furnish a State's Attorney with a copy of any report made within the State once sentence has been passed in connection with the offense for which the report was made.

(c) The report ordered by the court under this section or section 204a of this title shall be made not less than one week nor more than three weeks from the date of the order. This three-week limit may be extended by order of the court.

(d)(1) Except as provided in subdivision (2) of this subsection, any presentence investigation report or parole summary prepared by any employee of the Department in the discharge of the employee's official duty, except as provided in subdivision 204a(b)(5) and section 205 of this title, is confidential and shall not be disclosed to anyone outside the Department other than the judge or the Parole Board.

(2)(A) The court or Board shall permit inspection of the presentence investigation report or parole summary, redacted of information that may compromise the safety or confidentiality of any person, by the State's Attorney and by the defendant or inmate or his or her attorney; and

(B) the court or Board may, in its discretion, permit the inspection of the presentence investigation report or parole summary or parts thereof by other persons having a proper interest in the report or parole summary, whenever the best interests or welfare of the defendant or inmate makes that action desirable or helpful.

(e) The presentence investigation report ordered by the court under this section or section 204a of this title shall include the comments or written statement of the victim, or the victim's guardian or next of kin if the victim is incompetent or deceased, whenever the victim or the victim's guardian or next of kin choose to submit comments or a written statement.

(f) Except as otherwise provided by law, reports and records subject to this section may be inspected, pursuant to a court order issued ex parte, by a State or federal prosecutor as part of a criminal investigation if the court finds that the records may be relevant to the investigation. The information in the files may be used for any lawful purpose but shall not otherwise be made public.

(g) The presentence investigation report ordered by the court under this section or section 204a of this title shall set forth information concerning the defendant's custodial relationships pursuant to 13 V.S.A. § 7030.
28 V.S.A. § 906 — VT Code / Title 28 / Chapter 11 / Section 906
§ 906. Definitions
Status: in_force

As used in this subchapter:

(1) “Serious functional impairment” means:

(A) a disorder of thought, mood, perception, orientation, or memory as diagnosed by a qualified mental health professional, which substantially impairs judgment, behavior, capacity to recognize reality, or ability to meet the ordinary demands of life and which substantially impairs the ability to function within the correctional setting; or

(B) a developmental disability, traumatic brain injury or other organic brain disorder, or various forms of dementia or other neurological disorders, as diagnosed by a qualified mental health professional, which substantially impairs the ability to function in the correctional setting.

(2) “Qualified mental health professional” means a person with professional training, experience, and demonstrated competence in the treatment of mental conditions or psychiatric disabilities or serious functional impairments who is a physician, psychiatrist, psychologist, social worker, nurse, or other qualified person determined by the Commissioner of Mental Health.

(3) “Mental condition or psychiatric disability or disorder” means a condition that falls under any Axis I diagnostic categories or the following Axis II diagnostic categories as listed in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders DSM-IV-TR Fourth Edition (Text Revision), as updated from time to time: borderline personality disorder, histrionic personality disorder, developmental disability, obsessive-compulsive personality disorder, paranoid personality disorder, schizoid personality disorder, or schizotypal personality disorder.

(4) “Screening” means an initial survey, which shall be trauma-informed, to identify whether an inmate has immediate treatment needs or is in need of further evaluation.
28 V.S.A. § 1104 — VT Code / Title 28 / Chapter 15 / Section 1104
§ 1104. Consent to medical treatment
Status: in_force

For the purpose of granting consent for the rendering of needed medical assistance, the State shall stand in the relationship of parent and legal guardian of the child needing the assistance, and the State shall have exclusive authority to grant consent for the assistance, notwithstanding the provisions of any other statute or law. The Commissioner, and any other officer or employee he or she may so designate, shall represent the State in this relationship.
28 V.S.A. § 806 — VT Code / Title 28 / Chapter 11 / Section 806
§ 806. Allowances to inmates
Status: in_force

It shall be within the discretion of the Commissioner to authorize the payment of allowances, from funds appropriated by the Legislature, to inmates of any correctional facility for the purpose of allowing the inmates to purchase personal articles and to meet other incidental expenses. The Commissioner shall have the authority to establish rules and regulations governing the issuance and administration of the allowances.
28 V.S.A. § 817 — VT Code / Title 28 / Chapter 11 / Section 817
§ 817. Creation of work camps; intent
Status: in_force

It is the intent of the General Assembly that the creation of one or more new work camps in fiscal year 2006 and after will help alleviate overcrowded conditions in the State's correctional facilities and permit Vermonters housed in out-of-state facilities to be brought home to Vermont. The General Assembly specifically does not intend the creation of new work camps to result in an increase in the total number of Vermont offenders sentenced to incarceration. Therefore, specific plans and programs developed by the Department of Corrections shall restrict placement in new work camps to those offenders who have been convicted of a nonviolent offense and who have served a portion of their current sentence within a correctional facility. No court shall impose a sentence of imprisonment to be served initially or solely within the new facility.
28 V.S.A. § 755 — VT Code / Title 28 / Chapter 11 / Section 755
§ 755. Disposition of earnings
Status: in_force

An inmate participating in a work release program shall cause to be given to the Commissioner the inmate's total earnings less payroll deductions authorized by law, including income taxes. Upon receipt of the earnings the Commissioner, to the extent reasonable, may:

(1) Deduct an amount determined to be equivalent to the cost of providing for the living expenses of the inmate.

(2) Cause to be paid, as are needed, any of the following.

(A) Any costs or fine imposed by the sentencing court.

(B) Any restitution included as part of the sentence of the inmate by the court.

(C) Any sum as is needed for the support of the dependents of the inmate, in which case the Commissioner shall notify the Commissioner for Children and Families of the support payments.

(D) Any loan which may have been issued to the inmate pursuant to subdivision 754(5) of this title.

(E) Any restitution or reparation included as part of a disciplinary proceeding for damage to State-owned property. Any monies collected under this subdivision shall be used to offset the cost of repair or replacement of the damaged property.

(3) Allow the inmate to draw from the balance of his or her earnings a sufficient sum to cover his or her incidental expenses.

(4) Credit to the account of the inmate the amount as remains after deductions are made in accordance with the provisions of this section, paying to the inmate the balance of his or her account upon his or her release.
28 V.S.A. § 252a — VT Code / Title 28 / Chapter 5 / Section 252a
§ 252a. Review of probation conditions
Status: in_force

(a) When the court imposes a sentence upon a defendant who has been convicted of an offense enumerated in section 204a of this title that includes a period of incarceration of more than one year to serve to be followed by probation, the court may make the probation contingent on the offender fulfilling specific stated conditions, such as taking part in treatment while incarcerated, and may modify, following a hearing pursuant to subsection (c) of this section, the conditions of probation if a violation has occurred. The court shall review the probation conditions imposed at the time of sentencing after the incarceration portion of the sentence has been served, and prior to the offender's release to probation. Such review shall include information about the offender developed after the date of sentencing, including information about the offender's incarceration period.

(b) For an offender whose probation is contingent on fulfilling conditions pursuant to subsection (a) of this section, the Department of Corrections shall prepare a prerelease probation report to the court at least 30 days prior to the release based upon information available to the Department. The prerelease probation report shall include the offender's degree of participation in treatment while incarcerated, whether conditions imposed under subsection (a) of this section were complied with, and other information relevant to the offender's release to the probationary sentence. The Department of Corrections shall provide a copy of the prerelease probation report to the attorney for the offender and the prosecuting attorney at the same time it provides the report to the court.

(c) If the Commissioner of Corrections believes the offender has violated a condition imposed under subsection (a) of this section, he or she may recommend a change to the original probation order. In this case, the court shall schedule a modification hearing prior to the release date. The court may modify the conditions or add further requirements as authorized by section 252 of this title. The offender shall have a reasonable opportunity to contest the modification prior to its imposition. The prosecuting attorney shall represent the State in connection with any proceeding held in accordance with this section.
28 V.S.A. § 401 — VT Code / Title 28 / Chapter 7 / Section 401
§ 401. Construction
Status: in_force

This chapter shall be construed to provide a method of supervising the serving of a sentence through the provision of parole services, but is not intended to affect the constitutional power of the Governor to fully, partially, or conditionally pardon inmates.
28 V.S.A. § 3 — VT Code / Title 28 / Chapter 1 / Section 3
§ 3. General definitions
Status: repealed

As used in this title:

(1) “Child” means any person:

(A) charged with having committed a delinquent act as defined in 33 V.S.A. § 5102 or adjudicated a delinquent and committed to the custody of the Commissioner; or

(B) charged with being or adjudicated unmanageable as defined by 33 V.S.A. § 5102(3)(C) and (D), and committed to the custody of the Commissioner for Children and Families and subsequently transferred to the custody of the Commissioner.

(C) [Repealed.]

(2) “Commissioner” means the Commissioner of Corrections.

(3) “Correctional facility” or “facility” means any building, enclosure, space, or structure of or supported by the Department and used for the confinement of persons committed to the custody of the Commissioner, or for any other matter related to such confinement.

(4) “Department” means the Department of Corrections.

(5) “Inmate” means any person, not a child, committed to the custody of the Commissioner pursuant to the law of the State and subsequently committed to a correctional facility and any person confined at a correctional facility during the pendency of a prosecution against him or her.

(6) “Law” includes the laws and ordinances of the State, its political subdivisions, and municipalities.

(7) “Law enforcement officer” means a State Police officer, a sheriff, a deputy sheriff, a municipal police officer, a constable, the Commissioner, or a member of the Department of Corrections when appointed in writing by the Commissioner and when his or her appointment is filed in the Office of the Secretary of State. The Commissioner or such member shall have the same powers as a sheriff.

(8) “Offender” means any person convicted of a crime or offense under the laws of this State, and, for purposes of work crew, a person found in civil contempt under 15 V.S.A. § 603.

(9) “Supervising officer” means the highest administrative officer in charge of any correctional facility.

(10) “Correctional officer” means any person who is an employee of the Department of Corrections whose official duties or job classification includes the supervision or monitoring of a person on parole, probation, or serving any sentence of incarceration whether inside or outside a correctional facility, and who has received training, as approved by the Commissioner of Corrections, as provided in section 551a of this title.

(11) “Restorative justice program” means a program developed and implemented by the Commissioner, consistent with State policy and legislative intent as provided by section 2a of this title.

(12) Despite other names this concept has been given in the past or may be given in the future, “segregation” means a form of separation from the general population that may or may not include placement in a single-occupancy cell and that is used for disciplinary, administrative, or other reasons, but shall not mean confinement to an infirmary or a residential treatment setting for purposes of evaluation, treatment, or provision of services.
28 V.S.A. § 760 — VT Code / Title 28 / Chapter 11 / Section 760
§ 760. Compensation of offenders
Status: in_force

(a) The Commissioner shall, in consultation with the Department of Labor, promulgate rules establishing an injured offender compensation program for offenders or their dependents for injuries suffered while under supervision by the Department and arising out of and in the course of work, industry, or an employment program, at a correctional facility, or any community service or public works activity or vocational training directed by the Department of Corrections. The rules shall establish the compensation, medical, and vocational benefits to which an injured offender may be entitled as well as procedures for resolving disputes. To the extent practicable and consistent with the requirements of the Department, compensation, medical, and vocational benefits shall be comparable to what a similarly injured employee would receive under 21 V.S.A. chapter 9.

(b) The rights and remedies provided by this section and the rules adopted under authority of this section to an offender on account of a personal injury for which he or she is entitled to compensation under this section shall exclude all other rights and remedies of the offender, the offender's personal representation, dependents or next of kin, at common law, or otherwise on account of such injury.

(c) For purposes of this section, the Department of Corrections shall be the sole entity responsible for providing any compensation owed to an injured offender, without regard to the place of injury, and no claim for workers' compensation or other common law action may be brought against the industry, employment program, government or community service entity, or vocational training provider either supervising the offender or receiving the benefit of the offender's services.

(d) In no case shall compensation be made under subsection (a) of this section to any offender injured while participating in a work release program pursuant to section 753 of this title.

(e) Any compensation which is fixed in accordance with the rules adopted by the Commissioner may be paid either in periodic installments or in lump sum. The compensation may be drawn from the revolving fund established by section 752 of this title, from any general fund maintained by the Department, or from any approved source.

(f) A claimant may seek review of the Department's decision relative to an award of compensation by petitioning a Superior Court under Rule 74 of the Vermont Rules of Civil Procedure.
28 V.S.A. § 803 — VT Code / Title 28 / Chapter 11 / Section 803
§ 803. Exercise of religious beliefs
Status: in_force

(a) An inmate at any correctional facility shall have the right of free exercise of his or her religious beliefs, and shall have the right to receive visitations from a clergyperson or other representative of his or her faith in case of illness, provided that a request for the visitation is submitted to the supervising officer of the facility. An inmate shall not be ordered or compelled to participate in any religious activities.

(b) Such exercise of religious beliefs as is permitted by subsection (a) of this section may be restricted only upon a determination by the Commissioner that the exercise would interfere unreasonably with the maintenance of discipline and security at the correctional facility.

(c) The supervising officer of any correctional facility shall have the authority to compensate any clergyperson selected by him or her to conduct visitations and carry out other services at the facility.
28 V.S.A. § 403 — VT Code / Title 28 / Chapter 7 / Section 403
§ 403. Powers and responsibilities of the Commissioner regarding parole
Status: in_force

The Commissioner is charged with the following powers and responsibilities regarding the administration of parole:

(1) To supervise and control persons placed on parole, subject to the rules and orders of the Parole Board as to the conditions of parole. The Commissioner may use electronic monitoring equipment such as global position monitoring, automated voice recognition telephone equipment, and transdermal alcohol monitoring equipment to enable more effective or efficient supervision of individuals placed on parole. Transdermal alcohol monitoring equipment shall be used for such purposes as discouraging persons whose licenses have been suspended for DUI from operating motor vehicles on Vermont highways;

(2) To detain for safekeeping at a correctional facility any parolee who allegedly has violated the terms of his or her parole, pending a conference with the Parole Board at its next regularly scheduled meeting, such period of detention not to exceed 30 days;

(3) To establish and provide as he or she deems necessary outpatient counseling and treatment services to persons paroled from, or on pre-parole release or conditional release from, confinement within the Department and, in his or her discretion, to require payment of reasonable fees for such services, if the person is financially able to make the payment;

(4) To establish and maintain a register of individuals who ask to be notified of the parole interview or review of an inmate by the Parole Board. The register shall constitute a confidential record that shall only be disclosed to persons within the Department specifically designated by the Commissioner;

(5) To provide written notification of the date, time, and place of a parole interview or review of an inmate by the Parole Board to an individual who asks to be notified of the parole interview or review. At least 30 days prior to the date of the interview or review, the notice shall be sent by first class mail, or by another most appropriate method, to the last address provided to the Department by the individual. A copy of the notice shall be provided to the Parole Board prior to the interview or review. Failure of the Department to provide the notice or provide it in a timely manner shall not affect the validity of proceedings conducted by the Parole Board.
28 V.S.A. § 501a — VT Code / Title 28 / Chapter 7 / Section 501a
§ 501a. Presumptive parole
Status: in_force

An inmate who is serving a sentence of imprisonment shall be eligible for presumptive release in accordance with subsection 502a(e) of this title at the expiration of the inmate's minimum or aggregate minimum term of imprisonment if the inmate:

(1) has acquired no new criminal conviction while incarcerated or on supervision for the current offense;

(2) has no outstanding warrants, detainers, commitments, or pending charges;

(3) is compliant with the required services and programming portion of the inmate's case plan during the period of incarceration if the inmate is incarcerated for less than 90 days or is compliant for the 90 days preceding the completion of the inmate's minimum term if the inmate is incarcerated for 90 days or more;

(4) is compliant with the conditions of supervision if the offender is supervised in the community on furlough during:

(A) the entire period of supervision if the term of supervision is less than 90 days; or

(B) the 90 days prior to the consideration of parole eligibility if the term of supervision is 90 days or more;

(5) has no major disciplinary rule violation or pending infractions during the period of incarceration if the inmate is incarcerated for less than 12 months or has no major disciplinary rule violations or pending infractions during the preceding 12 months if the inmate is incarcerated for 12 months or more;

(6) has not had parole revoked on the inmate's current sentence; and

(7) is not serving a sentence for committing a crime specified in 33 V.S.A. § 5204(a).
28 V.S.A. § 1507 — VT Code / Title 28 / Chapter 25 / Section 1507
§ 1507. Rules and regulations-Article VII
Status: in_force

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.
28 V.S.A. § 1355 — VT Code / Title 28 / Chapter 22 / Section 1355
§ 1355. Article V; Powers and duties of the Interstate Commission
Status: in_force

The Interstate Commission shall have the following powers:

(1) To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission.

(2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

(3) To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact Commission.

(4) To enforce compliance with compact provisions, Interstate Commission rules, and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.

(5) To establish and maintain offices.

(6) To purchase and maintain insurance and bonds.

(7) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs.

(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions, including, but not limited to, an executive committee as required by Article III of this compact which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.

(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same.

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

(13) To establish a budget and make expenditures and levy dues as provided in Article X of this compact.

(14) To sue and be sued.

(15) To provide for dispute resolution among compacting states.

(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall include any recommendations that may have been adopted by the Interstate Commission.

(18) To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity.

(19) To establish uniform standards for the reporting, collecting, and exchanging of data.
28 V.S.A. § 1607 — VT Code / Title 28 / Chapter 27 / Section 1607
§ 1607. Entry into force-Article VII
Status: in_force

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.
28 V.S.A. § 902 — VT Code / Title 28 / Chapter 11 / Section 902
§ 902. Commitment and sentencing
Status: in_force

When a person is convicted of a crime before a court having criminal jurisdiction punishable by imprisonment, the court, in its discretion, before sentence may, with the consent of the Commissioner, order the person committed on a temporary basis to the custody of the Commissioner for the purpose of assignment to a facility for evaluation. The Commissioner shall return the person to the court within 60 days with a written report and recommendation whether the person should be placed on probation or should be committed.
28 V.S.A. § 254 — VT Code / Title 28 / Chapter 5 / Section 254
§ 254. Attendance at treatment facility
Status: in_force

(a) The court may require a person as a condition of probation to participate as a resident or nonresident in programs at a treatment center for all or part of the period of probation, provided that the Commissioner certifies that adequate treatment facilities, personnel, and programs are available. If the Commissioner determines that the person's residence in the center or participation in its programs, or both, should be terminated, because the person can derive no further significant benefits from such residence or participation, or both, or because his or her residence or participation adversely affects the rehabilitation of other residents or participants, he or she shall so notify the court, which shall thereupon, by order, make such other provision with respect to the person on probation as it deems appropriate.

(b) A person residing in or participating in a program at a treatment center shall be required to abide by the rules and regulations of the center and may be required to pay such cost incident to residence as the Commissioner deems appropriate.
28 V.S.A. § 1402 — VT Code / Title 28 / Chapter 23 / Section 1402
§ 1402. Definitions-Article II
Status: in_force

As used in this compact, unless the context clearly requires otherwise:

(a) “State” means a state of the United States, located in New England, to wit, Maine, New Hampshire, Vermont, Massachusetts, Connecticut and Rhode Island.

(b) “Sending state” means a state party to this compact in which conviction or court commitment was had.

(c) “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(d) “Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

(e) “Institutions” means any penal or correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates as defined subsection (d) above may lawfully be confined.
28 V.S.A. § 1364 — VT Code / Title 28 / Chapter 22 / Section 1364
§ 1364. Article XIV; Binding effect of compact and other laws
Status: in_force

(a) Nothing in this compact shall prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact. All compacting states' laws conflicting with this compact shall be superseded to the extent of the conflict.

(b) Binding effect of the compact. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, shall be binding upon the compacting states. All agreements between the Interstate Commission and the compacting states shall be binding in accordance with their terms. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction is delegated by law in effect at the time this compact becomes effective.
28 V.S.A. § 701b — VT Code / Title 28 / Chapter 11 / Section 701b
§ 701b. Classification of persons or defendants
Status: in_force

(a) When a defendant or person in a civil or criminal action is sentenced to the custody of the Commissioner or committed to the Commissioner's custody pending a prosecution on a misdemeanor charge or for sentencing, the Commissioner or the Commissioner's designee shall within five days of sentencing or commitment, excluding weekends and holidays, classify the person to determine whether he or she shall be incarcerated, held at a community work camp, or furloughed. Failure to classify within the five-day period shall not create a private right of action against the State, its political subdivisions, or its employees.

(b) Notwithstanding 13 V.S.A. § 7554, the Commissioner may place on furlough under provisions of section 808 of this title, a misdemeanor defendant when the Commissioner, based upon a completed classification, has determined that the defendant is likely to appear in court as directed. If the Commissioner places such a defendant on furlough, the Commissioner shall impose not only the conditions of release initially ordered by the judicial officer, but also such additional terms or conditions deemed necessary to ensure that the defendant will appear in court. The Commissioner shall supervise compliance with all such conditions imposed.
28 V.S.A. § 1357 — VT Code / Title 28 / Chapter 22 / Section 1357
§ 1357. Article VII; Activities of the Interstate Commission
Status: in_force

(a) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.

(b) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication, shall be subject to the same quorum requirements of meetings where members are present in person.

(c) The Interstate Commission shall meet at least once during each calendar year. The chair of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

(d) The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

(e) Public notice shall be given of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the United States government in Sunshine Act, 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:

(1) relate solely to the Interstate Commission's internal personnel practices and procedures;

(2) disclose matters specifically exempted from disclosure by statute;

(3) disclose trade secrets or commercial or financial information which is privileged or confidential;

(4) involve accusing any person of a crime, or formally censuring any person;

(5) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) disclose investigatory records compiled for law enforcement purposes;

(7) disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;

(8) disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity;

(9) specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or proceeding.

(f) For every meeting closed pursuant to this provision, the Interstate Commission's chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting, and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in such minutes.

(g) The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.
28 V.S.A. § 1502 — VT Code / Title 28 / Chapter 25 / Section 1502
§ 1502. Definitions-Article II
Status: in_force

As used in this agreement:

(1) “State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(2) “Sending state” shall mean a state in which a prisoner is incarcerated at the time that he or she initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.

(3) “Receiving state” shall mean the state in which trial is to be had on an indictment, information, or complaint pursuant to Article III or Article IV hereof.
28 V.S.A. § 812 — VT Code / Title 28 / Chapter 11 / Section 812
§ 812. Denial of good time credit
Status: in_force

If during the term of confinement an inmate commits any offense or violates any rule or regulation of the facility wherein he or she is confined, all or a portion of his or her good behavior reductions for the month of the offense or violation may be denied. Denial or forfeiture of good behavior reductions shall be in accordance with the rules and regulations established by the Commissioner, and in accordance with the procedure established in section 852 of this title. In addition, a maximum of 10 days of any previously earned reductions may be forfeited for each subsequent offense or violation of any rule or regulation that occurs in the same month.
28 V.S.A. § 1532 — VT Code / Title 28 / Chapter 25 / Section 1532
§ 1532. Enforcement
Status: in_force

All courts, departments, agencies, officers, and employees of this State and its political subdivisions shall enforce the Agreement on Detainers and cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.
28 V.S.A. § 901 — VT Code / Title 28 / Chapter 11 / Section 901
§ 901. Evaluation and treatment facilities
Status: in_force

The Department shall operate or cause to be operated one or more facilities for the evaluation and treatment of offenders. The facilities may be either residential or nonresidential.
28 V.S.A. § 1408 — VT Code / Title 28 / Chapter 23 / Section 1408
§ 1408. Withdrawal and termination-Article VIII
Status: in_force

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
28 V.S.A. § 104 — VT Code / Title 28 / Chapter 3 / Section 104
§ 104. Notification of community placements
Status: repealed

(a) The Department shall provide notice when appropriate and at the Department's sole discretion to affected State, county, and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community whenever an offender is released under furlough after serving a sentence of incarceration in a correctional facility. The notice may include the offender's name and any aliases, a recent photograph and physical description, community placement address, criminal history, current offense or offenses, and home address, plus a description and license number of any motor vehicle used by the offender, and the name, address, and telephone number of the correctional entity supervising the offender.

(b) The Department shall provide notice to affected State, county, and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community, at the point at which the Department has made arrangements to house in any apartment, duplex, or other kind of housing three or more offenders. If the housing concerned was not previously used to house offenders, such notice shall be given at least 15 days prior to placing any offender in such housing. If the housing concerned had previously housed one or two offenders only, such notice shall be given at least 15 days prior to placing a third offender in such housing.

(c) The Commissioner shall not implement this section until rules for doing so have been adopted. Such rules shall be adopted not later than September 1, 1999 through use of emergency rule-making procedures, if necessary.

(d) [Repealed.]

(e) The Commissioner of Corrections shall annually, by January 15, report to the House Committee on Corrections and Institutions and the Senate Committee on Institutions on the implementation of this section during the previous 12 months.
28 V.S.A. § 303 — VT Code / Title 28 / Chapter 5 / Section 303
§ 303. Grounds for revocation
Status: in_force

(a) Probation shall not be revoked unless the probationer violates a condition of his or her probation or is convicted of another crime. The violation or conviction shall be both a necessary and a sufficient ground for the revocation of probation.

(b) The court shall not revoke probation and order the confinement of the probationer unless the court finds on the basis of the original offense and the intervening conduct of the probationer that:

(1) confinement is necessary to protect the community from further criminal activity by the probationer;

(2) the probationer is in need of correctional treatment which can most effectively be provided if he or she is confined; or

(3) it would unduly depreciate the seriousness of the violation if probation were not revoked.
28 V.S.A. § 725 — VT Code / Title 28 / Chapter 11 / Section 725
§ 725. Parole hearing for offenders on community supervision furlough
Status: in_force

The Department shall submit to the Parole Board a recommendation relative to whether the offender should be released to parole pursuant to section 501 of this title when:

(1) an offender sentenced solely for the commission of one or more unlisted crimes has, in the sole discretion of the Department, successfully completed 90 days of community supervision furlough; or

(2) an offender sentenced for the commission of at least one or more listed crimes has, in the sole discretion of the Department, successfully completed 180 days of community supervision furlough.
28 V.S.A. § 801a — VT Code / Title 28 / Chapter 11 / Section 801a
§ 801a. Pregnant inmates
Status: in_force

(a) It shall be the policy of the State of Vermont to respect the unique health issues associated with a pregnant inmate. The Department of Corrections shall not routinely restrain pregnant inmates who are beyond their first trimester of pregnancy in the same manner as other inmates, recognizing that to do so might pose undue health risks for the mother and unborn child.

(b) The Commissioner of Corrections shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport a pregnant inmate in a manner that:

(1) prevents physical and psychological trauma;

(2) respects the privacy of the individual; and

(3) represents the least restrictive means necessary for the safety of the inmate, medical and correctional personnel, and the public.

(c) Unless the inmate presents a substantial flight risk or other extraordinary circumstances dictate otherwise, mechanical restraints of any kind shall not be used on a pregnant inmate after she has been declared by an attending health care practitioner to be in active labor. The inmate shall remain unrestrained after delivery while in recovery at the hospital. If restraints are used while the inmate is in labor or in the hospital during recovery after delivery, the Commissioner of Corrections shall make written findings as to the reasons why mechanical restraints were necessary to prevent escape or to ensure the safety of the inmate, medical and correctional personnel, or the public.
28 V.S.A. § 456 — VT Code / Title 28 / Chapter 7 / Section 456
§ 456. Parole Board independence
Status: in_force

(a) The Parole Board shall be an independent and impartial body.

(b) In a pending parole revocation hearing, the Parole Board shall not be counseled by:

(1) Assistant Attorneys General; and

(2) any attorney employed by the Department of Corrections.

(c) If any attorney employed by the Department of Corrections or an Assistant Attorney General or the direct supervisor of an Assistant Attorney General who represents the Department of Corrections in parole revocation hearings provides training to the Parole Board members on the subject of parole revocation hearings, the Defender General shall be notified prior to the training and given the opportunity to participate.
28 V.S.A. § 554 — VT Code / Title 28 / Chapter 7 / Section 554
§ 554. Service of term for additional crime
Status: in_force

The Board may permit any parolee who commits a crime while on parole and who is convicted and sentenced therefor to serve the sentence concurrently with the term under which he or she is paroled.
28 V.S.A. § 1535 — VT Code / Title 28 / Chapter 25 / Section 1535
§ 1535. Correctional officials; duty
Status: in_force

The warden or other official in charge of a penal or correctional institution in this State shall give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.
28 V.S.A. § 352 — VT Code / Title 28 / Chapter 6 / Section 352
§ 352. Supervised community sentence
Status: in_force

(a) At the request of the court, the Commissioner of Corrections shall prepare a preliminary assessment to determine whether an offender should be considered for a supervised community sentence.

(b) Upon adjudication of guilt, a finding of violation of probation, or a finding of civil contempt, and only after the filing of a recommendation for supervised community sentence by the Commissioner of Corrections, the court may impose a sentence of imprisonment and order that all or part of the term of imprisonment be served in the community subject to the provisions of this chapter. Such a sentence shall not limit the court's authority to place a person on probation and to establish conditions of probation.

(c) The conditions of a supervised community sentence shall be contained in a plan prepared by the Commissioner of Corrections as part of the presentence investigation and submitted to the court. The plan shall be designed to encourage the offender to lead a law-abiding life or assist the offender to do so, and to reasonably assure the safety of the community, repayment of any restitution, and performance of service to the community in compensation for the criminal act itself. The plan shall set forth the offender's responsibilities under the sentence, conditions of behavior, objectives for treatment and supervision, and the form of reparation to the community. The court may approve or reject but not modify the plan.

(d) Conditions in a plan for a supervised community sentence may be changed by the Commissioner of Corrections by adding, deleting, or modifying a condition. The offender may request the Parole Board to review an addition, deletion, or modification that substantially changes the plan or that substantially alters the limits on the offender's liberty without good cause or an addition, deletion, or modification that is clearly unreasonable. The change shall go into effect pending the Parole Board's review, which shall be concluded promptly. The decision of the Parole Board shall be final.
28 V.S.A. § 2 — VT Code / Title 28 / Chapter 1 / Section 2
§ 2. Construction
Status: in_force

(a) The provisions of this title shall be liberally construed in order to effectuate the general purposes stated in section 1 of this title.

(b) The discretionary powers authorized by this title shall be exercised in accordance with the criteria stated in the title. If these criteria are not dispositive in a particular instance, the general purposes established in section 1 of this title shall be controlling.
28 V.S.A. § 128 — VT Code / Title 28 / Chapter 3 / Section 128
§ 128. Incarcerated parents and guardians; Family Support Program
Status: in_force

(a) Family Support Program. The Department of Corrections shall establish the Family Support Program to provide free parenting and family support at each correctional facility to all incarcerated individuals who are parents and guardians regardless of gender. The Program shall include individualized services and programming intended to provide:

(1) increased knowledge and skill for incarcerated parents and guardians to address the specific needs of their children;

(2) resources to incarcerated parents and guardians to engage in needs-specific planning and communication strategies with their children and their children's caregivers;

(3) child-friendly visitation spaces, in consultation with the Department, for in-person and virtual visits between parents or guardians and their children, including establishing safety protocol;

(4) outreach and coordination with appropriate services for the children of incarcerated parents and guardians and the children's caregivers;

(5) improved cross-system coordination and collaboration to deliver necessary services to the families of incarcerated parents and guardians; and

(6) reentry support and preparation for incarcerated parents and guardians.

(b) Program support. The Department may support the operation of the Family Support Program established pursuant to this section through grants of financial assistance to, or contracts for services with, any nonprofit entity that meets the Department's requirements.

(c) Annual report. Annually, on or before July 1, the Department shall submit a written report to the House Committees on Corrections and Institutions and on Judiciary and the Senate Committees on Institutions and on Judiciary concerning:

(1) the funding, participation, and outcomes of the services and programming established pursuant to this section; and

(2) considerations and any progress towards sustained statewide programming and gender parity.
28 V.S.A. § 506 — VT Code / Title 28 / Chapter 7 / Section 506
§ 506. Termination and discharge
Status: repealed

(a) If warranted by the conduct of the parolee and the ends of justice, the Board may terminate the period of parole supervision and discharge the parolee from parole supervision. Supervision of a parolee serving a life sentence may be terminated only after 15 years measured from the date of first confinement.

(b) The Board shall discharge the parolee at the expiration of the maximum term of his or her sentence.

(c) [Repealed.]
28 V.S.A. § 815 — VT Code / Title 28 / Chapter 11 / Section 815
§ 815. Development of guidelines; visitation and recreation
Status: in_force

(a) Those sheriffs who administer jails or county lock-ups shall provide all inmates reasonable visitation and recreation opportunities.

(b) The Commissioner, in cooperation with those sheriffs who administer jails or county lock-ups, shall develop guidelines for operation of those facilities, including the provision of inmates with visitation and recreation.
28 V.S.A. § 351 — VT Code / Title 28 / Chapter 6 / Section 351
§ 351. Definitions
Status: in_force

As used in this chapter:

(1) “Supervised community sentence” means a form of imprisonment to be served outside the walls of a correctional facility, subject to the rules of the Commissioner and subject to revocation and incarceration pursuant to this chapter.

(2) “Alternative sentencing program” means a residential or nonresidential program operated by the Department or contracted with public or private agencies to provide any of a range of sanctions, treatment, or control functions, to include: half-way houses, day centers, community work programs, residential treatment centers, individual and group counseling, house arrest, electronic monitoring, and intensive supervision.
28 V.S.A. § 701 — VT Code / Title 28 / Chapter 11 / Section 701
§ 701. Commitment to the custody of the Commissioner
Status: in_force

(a) When a person is convicted of an offense and the court commits him or her to a term of imprisonment, the commitment shall be to the custody of the Commissioner.

(b) The Commissioner shall have the authority to designate the place of confinement where the sentence shall be served.

(c) Whenever in this title or in any other law reference is made to the sentencing or confinement of inmates to any correctional facility under authority of the Department, such reference shall be construed to mean sentencing or confinement to the custody of the Commissioner rather than to any particular facility of the Department.

(d) The sentence of imprisonment of any person convicted of an offense shall commence to run from the date on which such person is received at a correctional facility. If any such person shall be committed to a jail or other place of detention to await transportation to the place in which his or her sentence is to be served, his or her sentence shall commence to run from the date on which he or she is received at such jail or other place of detention.
28 V.S.A. § 1 — VT Code / Title 28 / Chapter 1 / Section 1
§ 1. Purposes
Status: in_force

(a) The Department of Corrections created by 3 V.S.A. § 3081 shall have the purpose of developing and administering a correctional program designed to protect persons and property against offenders of the criminal law and to render treatment to offenders with the goal of achieving their successful return and participation as citizens of the State and community, to foster their human dignity and to preserve the human resources of the community.

(b) The Department shall formulate its programs and policies recognizing that almost all criminal offenders ultimately return to the community, and that the traditional institutional prisons fail to reform or rehabilitate, operating instead to increase the risk of continued criminal acts following release. The Department shall develop and implement a comprehensive program that will provide necessary closed custodial confinement of frequent, dangerous offenders, but that also will establish as its primary objective the disciplined preparation of offenders for their responsible roles in the open community. The Department shall ensure that the comprehensive program required by this subsection includes a process by which each offender sentenced to any term of imprisonment other than for life without parole, within 30 days after receiving his or her sentence, shall begin to develop and implement a plan preparing for return to the community.

(c) In order to implement its programs and policies the Department shall develop and maintain correctional facilities that shall include both residence-centered institutions and facilities reflecting nonresidence principles designed to facilitate the reintegration of the offender into the community. These facilities shall utilize the supporting resources of probation and parole services, the increased cooperation of personnel in the fields of welfare, health, and education, and the increased participation of the citizens of the State in attempts to achieve correctional purposes and objectives.
28 V.S.A. § 1410 — VT Code / Title 28 / Chapter 23 / Section 1410
§ 1410. Construction and severability-Article X
Status: in_force

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
28 V.S.A. § 752 — VT Code / Title 28 / Chapter 11 / Section 752
§ 752. Offender Work Programs Special Fund
Status: repealed

(a) An Offender Work Programs Special Fund shall be maintained for the purpose of carrying out the provisions of section 751b of this title, which Fund shall include any appropriations made from time to time by the General Assembly and any sums obtained from the sale of goods and services produced by offenders pursuant to section 751b of this title. The Special Fund shall be managed pursuant to 32 V.S.A. chapter 7, subchapter 5.

(b) Any expenses incurred by offender work programs shall be defrayed by this Fund.

(c) All balances of the Fund remaining at the end of any fiscal year shall be carried forward and be made available for the succeeding fiscal year, and shall be kept as a special fund by the State Treasurer, except that any balance at the end of a fiscal year not needed to maintain offender work programs or for other purposes provided by section 751b or 761 of this title shall by September 1 of the subsequent fiscal year be transferred to the Victims' Compensation Fund established under 13 V.S.A. chapter 167.

(d) The Fund also may be used, at the discretion of the Commissioner, to further the raising, harvesting, and preservation of food.

(e) Purchases of materials for resale may be made from the Fund, but the Fund shall be maintained intact except for temporary depletion in making such purchases for resale.

(f) [Repealed.]
28 V.S.A. § 374 — VT Code / Title 28 / Chapter 6 / Section 374
§ 374. Witnesses; production of records
Status: in_force

(a) The Board may issue subpoenas requiring the attendance of any witnesses and the production of any records, books, papers, and documents as it may consider necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the Board. Subpoenas so issued may be served by a parole or probation officer or a law enforcement officer, in the same manner as similar process in the Criminal Division of the Superior Court.

(b) The Criminal Division of the Superior Court, upon application of the Board, may compel the attendance of witnesses and the production of evidence before the Board in the same manner as it may compel them to attend or be produced before the court.

(c) All testimony given before the Board shall be given under oath.
28 V.S.A. § 903 — VT Code / Title 28 / Chapter 11 / Section 903
§ 903. Access to treatment pending appeal; rule
Status: in_force

Treatment, assessment, evaluation, screening, or programming shall not be restricted or denied to inmates on the basis of any anticipated or pending direct or collateral appeal of any criminal conviction, nor on the basis of any position taken by the appellant in any such action. The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding the confidentiality of communications by an inmate made for the purposes of treatment, assessment, evaluations, screening, or programming while an appeal is pending. This provision neither expands nor contracts the duty of the Commissioner to adopt rules pursuant to 3 V.S.A. chapter 25.
28 V.S.A. § 552 — VT Code / Title 28 / Chapter 7 / Section 552
§ 552. Notification of Board; hearing
Status: in_force

(a) Upon the arrest and detention of a parolee, the parole officer shall notify the Board immediately and shall submit in writing a report describing the alleged violation of a condition or conditions of the inmate's parole.

(b) Upon receipt of the notification, or upon an arrest by warrant in accordance with the provisions of section 551 of this title, the Board shall cause the inmate together with a parole officer to be brought before it promptly for a hearing regarding the alleged violation. Parole officers may be represented by legal counsel, which shall be provided by the appropriate State's Attorney or the Attorney General upon request, at hearings of the Parole Board.

(1) The hearing shall be conducted in accordance with such rules and regulations as the Board may adopt.

(2) If the alleged violation is established by substantial evidence, the Board may continue or revoke the parole, or enter such other order as it determines to be necessary or desirable.

(c) In the event of the withdrawal of any warrant by the authority of the Board, or in the event that the Board at the hearing on the alleged violation finds that the parolee did not violate any condition of his or her parole, or the law, the parolee shall be credited with any time lost by the interruption of the running of his or her sentence.
28 V.S.A. § 353 — VT Code / Title 28 / Chapter 6 / Section 353
§ 353. Powers and responsibilities of the Commissioner of Corrections; supervised community sentence
Status: in_force

The Commissioner shall be charged with the following powers and responsibilities regarding the administration of supervised community sentences:

(1) To maintain general supervision and treatment of persons serving a supervised community sentence.

(2) To establish alternative sentencing programs for the sanction, treatment, and control of offenders sentenced under this chapter and, in the Commissioner's discretion, to require payment of reasonable fees for such services.

(3) To award grants to local private or public agencies for the development and operation of alternative community programs in furtherance of the goals and purposes of this chapter, in accordance with policies established in this chapter and within the limits of any appropriation made for this purpose.

(4) In accordance with 3 V.S.A. chapter 25, to adopt rules consistent with the provisions of this chapter regarding the supervision, maintenance, treatment, and all attendant matters, including standards for the deletion, addition, and modification of conditions, to be applied to offenders sentenced to a term of imprisonment under a supervised community sentence.

(5) To detain for safekeeping at a correctional facility any offender who allegedly has violated the conditions of supervision pending a hearing before the Parole Board.

(6) To give to the Parole Board, or its properly accredited representatives, access at all reasonable times to any offender who has been sentenced under this chapter and provide the Board or its representatives such reports as the Board may require concerning the conduct of any offender under the supervision of the Commissioner and any other facts considered by the Board pertinent in determining whether the supervised community sentence should be revoked or continued.
28 V.S.A. § 1103 — VT Code / Title 28 / Chapter 15 / Section 1103
§ 1103. Treatment program
Status: in_force

To aid in the treatment of juveniles committed to his or her custody, the Commissioner may:

(1) develop and administer programs of educational, vocational and physical training designed to prepare juveniles committed to his or her custody for their roles as citizens of the state and community;

(2) make full use of other methods of treatment, including medical and psychiatric examination, care, and treatment for the benefit of the child and conducive to the prevention of future violations of law by the child.
28 V.S.A. § 1531 — VT Code / Title 28 / Chapter 25 / Section 1531
§ 1531. Appropriate court
Status: in_force

The phrase “appropriate court” as used in the Agreement on Detainers, with reference to the courts of this State, means the Superior Court where the Vermont charge is pending.
28 V.S.A. § 361 — VT Code / Title 28 / Chapter 6 / Section 361
§ 361. Reduction of term
Status: in_force

Each successful day completed by an offender serving a supervised community sentence while in the community shall be counted as one day served for the total sentence of imprisonment. So long as an offender is serving a supervised community sentence in the community, the offender shall not be awarded a reduction of term for good behavior pursuant to section 811 of this title.
28 V.S.A. § 1509 — VT Code / Title 28 / Chapter 25 / Section 1509
§ 1509. Construction and severability-Article IX
Status: in_force

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
28 V.S.A. § 502a — VT Code / Title 28 / Chapter 7 / Section 502a
§ 502a. Release on parole
Status: in_force

(a) Except as otherwise provided in subsection (d) of this section and section 501 of this title, no inmate serving a sentence with a minimum term shall be released on parole until the inmate has served the minimum term of the sentence, less any reductions for good behavior.

(b) An inmate who is not eligible for presumptive parole pursuant to section 501a of this title shall be released on parole by the written order of the Parole Board if the Board determines:

(1) the inmate is eligible for parole;

(2) there is a reasonable probability that the inmate can be released without detriment to the community or to the inmate; and

(3) the inmate is willing and capable of fulfilling the obligations of a law-abiding citizen.

(c) A parole under subsection (b) or (e) of this section shall be ordered only for the best interests of the community and of the inmate and shall not be regarded as an award of clemency, a reduction of sentence, or a conditional pardon.

(d) Notwithstanding subsection (a) or (e) of this section, or any other provision of law to the contrary, any inmate who is serving a sentence, including an inmate who has not yet served the minimum term of the sentence, who is diagnosed as having a terminal or serious medical condition so as to render the inmate unlikely to be physically capable of presenting a danger to society, may be released on medical parole to a hospital, hospice, other licensed inpatient facility, or suitable housing accommodation as specified by the Parole Board. Provided the inmate has authorized the release of his or her personal health information, the Department shall promptly notify the Parole Board upon receipt of medical information of an inmate's diagnosis of a terminal or serious medical condition. As used in this subsection, a “serious medical condition” does not mean a condition caused by noncompliance with a medical treatment plan.

(e)(1) The Department shall identify each inmate meeting the presumptive parole eligibility criteria in section 501a of this title and refer each eligible inmate who does not meet the risk criteria set forth in subdivision (2) of this subsection to the Parole Board for an administrative review at least 60 days prior to the inmate's eligibility date.

(2) The Department shall screen each inmate it identifies as eligible for presumptive parole for the risk criteria set forth in this subdivision. If the Department determines that, based on clear and convincing evidence, there is a reasonable probability that the inmate's release would result in a detriment to the community, or that the inmate is not willing and capable of fulfilling the obligations of parole, the Department shall, at least 60 days prior to the inmate's eligibility date, refer the inmate to the Parole Board for a parole hearing.

(3)(A) Within 30 days of the inmate's eligibility date, the Parole Board shall conduct an administrative review of each inmate the Department identifies as eligible for presumptive release who does not meet the risk criteria set forth in subdivision (2) of this subsection. The Board may deny presumptive release and set a hearing if it determines, through its administrative review, that a victim or victims should have the opportunity to participate in a parole hearing. If the Board determines there is a victim or victims who should be notified, the Department shall notify the victim or victims, and the Board shall provide them with the opportunity to participate in a parole hearing.

(B) The Parole Board shall conduct a parole hearing pursuant to section 502 of this title for each eligible inmate that the Department determines meets the risk criteria in subdivision (2) of this subsection.
28 V.S.A. § 501 — VT Code / Title 28 / Chapter 7 / Section 501
§ 501. Eligibility for parole consideration
Status: in_force

An inmate who is serving a sentence of imprisonment who is not eligible for presumptive parole pursuant to section 501a of this title shall be eligible for parole consideration as follows:

(1) If the inmate's sentence has no minimum term or a zero minimum term, the inmate shall be eligible for parole consideration within 12 months after commitment to a correctional facility.

(2) If the inmate's sentence has a minimum term, the inmate shall be eligible for parole consideration after the inmate has served the minimum term of the sentence.
28 V.S.A. § 365 — VT Code / Title 28 / Chapter 6 / Section 365
§ 365. Notification of Board; hearing
Status: in_force

(a) Upon the arrest and detention of an offender, the supervising Corrections employee shall notify the Board immediately and shall submit in writing a report describing the alleged violation of a condition or conditions or alleged violation of law.

(b) Upon receipt of the notification, or upon an arrest by warrant in accordance with this chapter, the Board shall cause the offender together with the supervising Corrections employee to be brought before it promptly for a hearing regarding the alleged violation. Corrections employees may be represented by legal counsel, which shall be provided by the State upon request, at hearings of the Parole Board. The offender shall have access to counsel as provided in parole revocation hearings.

(c) The Board may not revoke the service of supervised community sentence outside a correctional facility without an administrative hearing conducted pursuant to the procedures and rules applicable to parolees under federal and State due process and chapter 7 of this title.

(d) If the alleged violation is established by substantial evidence, the Board may enter such order as it determines to be necessary or desirable in accordance with this chapter.

(e) Within a reasonable period of time, the Board shall provide to the offender a written statement containing the Board's determination whether a violation has been established, a short summary of the evidence relied on, the disposition imposed, and a short summary of the reasons for the disposition.
28 V.S.A. § 1504 — VT Code / Title 28 / Chapter 25 / Section 1504
§ 1504. Officer's request for temporary custody-Article IV
Status: in_force

(a) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner against whom he or she has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V(a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information, or complaint shall have duly approved, recorded, and transmitted the request; and provided further that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability either upon his or her own motion or upon motion of the prisoner.

(b) Upon receipt of the officer's written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his or her counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which he or she may have to contest the legality of his or her delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner's being returned to the original place of imprisonment pursuant to Article V(e) hereof, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.
28 V.S.A. § 122 — VT Code / Title 28 / Chapter 3 / Section 122
§ 122. Contracting for programming and services
Status: in_force

For the purpose of securing programming and services for offenders, the Department of Corrections shall publicly advertise or invite three or more bids. The contract for any such programming and services shall be awarded to one of the three lowest responsible bidders, conforming to specification, with consideration being given to the time required for provision of services, the purpose for which it is required, competency and responsibility of bidder, and his or her ability to render satisfactory services; but the Commissioner with the approval of the Secretary of Human Services shall have the right to reject any and all bids and to invite other bids.
28 V.S.A. § 1004 — VT Code / Title 28 / Chapter 13 / Section 1004
§ 1004. Standards of maintenance and use by Department of Corrections
Status: in_force

(a) All lockups must meet the standards established by the Commissioner of Corrections. Such standards shall comply with the standards and requirements relating to medical care established under the provisions of section 801 of this title. To assist in the management of correctional facilities, the Commissioner may contract to house an inmate in a local lockup for pretrial detention, confinement, or for community release. The Commissioner or his or her authorized agent shall visit and inspect all lockups at least once every six months.

(b) The selectboard, trustees, or sheriffs maintaining a lockup that fails to meet minimum standards shall discontinue its use within 30 days after notice thereof is sent to them by the Commissioner. They shall cause its inmates to be transferred to the nearest regional correctional facility. If the selectboard, trustees, or sheriffs do not keep a lockup according to the standards established by the Commissioner or fail to discontinue its use after notice from the Commissioner, he or she may petition the Superior Court, and the court may grant an injunction against continued use of the lockup. The court may make other orders appropriate and necessary for enforcing this section.
28 V.S.A. § 754 — VT Code / Title 28 / Chapter 11 / Section 754
§ 754. Powers and responsibilities of the Department regarding the work release program
Status: in_force

The Department is charged with the following powers and responsibilities:

(1) To supervise and consult with inmates participating in any work release program.

(2) To assist in locating available employment or vocational or other training opportunities for qualified work release participants and to effect placement of the participants under any work release program.

(3) To promote public understanding and acceptance of the work release program.

(4) To foster cooperation of all State agencies with the Department in the administration of the work release program.

(5) To provide cash advances in the nature of loans from the revolving fund established by section 752 of this title to participants in the work release program as are necessary to carry out the program. The Commissioner is authorized to seek all available remedies in any court of this State or any court of competent jurisdiction to obtain a judgment in the event that an inmate receiving a cash advance in accordance with this section defaults in the repayment of the cash advance.
28 V.S.A. § 759 — VT Code / Title 28 / Chapter 11 / Section 759
§ 759. Employment and furlough of an inmate during the pendency of prosecution
Status: in_force

(a) A person confined at a correctional facility during the pendency of a prosecution against him or her may request to be employed pursuant to the provisions of section 751 of this title. Upon receipt of the request, the supervising officer may so employ the inmate, subject to all the rules and regulations of section 751.

(b) A person so confined may be allowed access to the work release and furlough programs pursuant to the provisions of sections 753 and 808 of this title with the consent of the prosecuting State's Attorney and the judge of the court in which the person is being prosecuted.
28 V.S.A. § 207 — VT Code / Title 28 / Chapter 5 / Section 207
§ 207. Final judgment
Status: in_force

Notwithstanding the fact that a sentence to probation can subsequently be modified or revoked in accordance with subchapters 2 and 3 of this chapter, a judgment that includes such a sentence shall constitute a final judgment for all other purposes.
28 V.S.A. § 1161 — VT Code / Title 28 / Chapter 16 / Section 1161
§ 1161. Powers and responsibilities of the Commissioner regarding supervision of youthful offenders
Status: in_force

In accordance with 33 V.S.A. chapter 52A, the Commissioner shall be charged with the following powers and responsibilities regarding supervision of youthful offenders:

(1) consistent with 33 V.S.A. § 5284(d), to designate a case manager who, together with a case manager appointed by the Commissioner for Children and Families, will determine the lead department to preside over the case plan and the provision of services to youths who are adjudicated as youthful offenders;

(2) together with the Commissioner for Children and Families, to maintain the general supervision of youths adjudicated as youthful offenders and placed on conditions of juvenile probation; and

(3) to supervise the administration of probation services and establish policies and standards regarding youthful offender probation investigation, supervision, case work, record keeping, and the qualification of probation officers working with youthful offenders.
28 V.S.A. § 601 — VT Code / Title 28 / Chapter 9 / Section 601
§ 601. Powers and responsibilities of the supervising officer of each correctional facility
Status: in_force

The supervising officer of each facility shall be responsible for the efficient and humane maintenance and operation and for the security of the facility, subject to the supervisory authority conferred by law upon the Commissioner. Each supervising officer is charged with the following powers and responsibilities:

(1) To receive, retain in confinement, and to release, in accordance with law, inmates duly committed to the Department and transferred to the facility, or duly committed to the facility.

(2) To enforce the provisions of law and the regulations of the Department for the administration of the facility, the government of its officers, and the treatment, training, employment, care, discipline, and custody of the inmates.

(3) To take proper measures to protect the safety of the inmates and personnel of the facility.

(4) To take proper measures to prevent the escape of inmates and to effect their recapture.

(5) To maintain and improve the buildings, grounds, and appurtenances of the facility.

(6) To make recommendations concerning the appointment of professional, technical, skilled, and other subordinate officers and employees for the facility.

(7) To establish and administer rules, including rules for the operation of the facility, consistent with the provisions of this title and the general policies and regulations of the Department.

(8) To give reasonable notice of promulgated rules and regulations to inmates confined at the facility.

(9) To maintain and preserve records on the management and operation of the facility, including records concerning any industries and wage funds of inmates, and to report thereon to the Commissioner at such times as the Commissioner may require.

(10) To establish and maintain, in accordance with such rules and regulations as are established by the Commissioner, records for each inmate.
28 V.S.A. § 454 — VT Code / Title 28 / Chapter 7 / Section 454
§ 454. Finality of Parole Board determinations
Status: in_force

The determinations of the Parole Board shall not be reviewable except as to compliance with the provisions of this chapter.
28 V.S.A. § 1001 — VT Code / Title 28 / Chapter 13 / Section 1001
§ 1001. Erection of lockups
Status: in_force

At a meeting called for that purpose, a town or incorporated village may authorize the selectboard of the town or trustees of the village, to purchase or erect and maintain at the expense of the town or village within its corporate limits one or more lockups.
28 V.S.A. § 251 — VT Code / Title 28 / Chapter 5 / Section 251
§ 251. Duration of probation
Status: in_force

(a) The court placing a person on probation may terminate the period of probation and discharge the person at any time if such termination is warranted by the conduct of the offender and the ends of justice.

(b)(1) Upon the Commissioner's motion to discharge pursuant to subsection 252(d) of this title, the sentencing court shall terminate the period of probation and discharge the person at the midpoint of the probation term unless the prosecutor seeks a continuation of probation within 21 days following receipt of notice of the Commissioner's motion, and:

(A) the court finds by a preponderance of the evidence that termination and discharge will present a risk of danger to the victim of the offense or to the community; or

(B) the court finds by clear and convincing evidence that the probationer is not substantially in compliance with the conditions of probation that are related to the probationer's rehabilitation or to victim or community safety.

(2) If the court grants the prosecutor's motion to continue probation, it may continue probation for the full term or any portion thereof. The court shall also review the conditions of probation and remove any conditions that are no longer necessary for the remainder of the term.

(3) Notwithstanding 1 V.S.A. § 214, this subsection shall apply retroactively to any probationer serving a specified term of probation.

(c) A probationer shall not be deemed ineligible for discharge or term reduction due to unpaid restitution, fees, or surcharges.
28 V.S.A. § 502 — VT Code / Title 28 / Chapter 7 / Section 502
§ 502. Parole interviews and reviews
Status: in_force

(a) The Board shall interview each inmate eligible for parole consideration under section 501 of this title before ordering the inmate released on parole. The Board shall consider all pertinent information regarding an inmate in order to determine the inmate's eligibility for parole. The Board may grant parole only after an inmate is interviewed in accordance with this section. The Parole Board may conduct the interview in person, by telephone or videoconference, or by any other method it deems appropriate.

(b) An initial interview of the inmate shall occur at least 30 days prior to the date when the inmate becomes eligible for parole consideration under section 501 of this title.

(c) An inmate eligible for parole consideration shall, subsequent to the initial interview provided for above, be reviewed and interviewed thereafter, as follows:

(1) the Board shall review the inmate's record once every 12 months;

(2) the Board shall conduct an interview of the inmate at the request of the Department; and

(3) upon written request of the inmate, the Board shall conduct an interview annually.

(d) The Board in its discretion may hear from attorneys or other persons with an interest in the case before the Board. A person presenting statements to the Board may be required to submit the statement in writing.

(e) Interviews and reviews shall be conducted in accordance with the rules and regulations established by the Board, which shall be consistent with this section.

(f) The Board, when formulating the conditions of a parole, shall take into consideration the emotional needs of the victim of an offender's crime plus the needs of the victim's family.
28 V.S.A. § 814 — VT Code / Title 28 / Chapter 11 / Section 814
§ 814. Appointment of agent, attorney, or trustee for an inmate
Status: in_force

(a) A person confined under a sentence of imprisonment shall not be allowed to engage actively in the pursuit of business or other economic interests unless he or she is placed on work release pursuant to section 753 of this title. The person shall, however, have the same right to appoint an agent, attorney-in-fact, or trustee to act in his or her own behalf with respect to his or her property or economic interests as if he or she were not confined.

(b) Upon the application of a person confined or about to be confined under a sentence of imprisonment, the Probate Division of the Superior Court within the jurisdiction of which the inmate resided at the time of sentence or where the sentence was imposed may appoint a trustee to safeguard his or her property and economic interests during the period of his or her commitment. The trustee shall have such power and authority as the court designates in the order of appointment but, unless the order otherwise provides, shall have all the power and authority conferred by a general power of attorney.
28 V.S.A. § 757 — VT Code / Title 28 / Chapter 11 / Section 757
§ 757. Inmate not an agent of the State
Status: in_force

No inmate participating in any work release program, or engaged in work, industry, or employment at a correctional facility, or any community service or a public works activity or vocational training at a correctional facility or in the community while under the supervision of officers, employees, volunteers, or contracted persons of the Department of Corrections shall be deemed to be a “volunteer” or “State employee” for any purpose whatsoever.
28 V.S.A. § 808a — VT Code / Title 28 / Chapter 11 / Section 808a
§ 808a. Treatment furlough
Status: repealed

(a) An offender may be sentenced to serve a term of imprisonment, but placed by a court on treatment furlough to participate in such programs administered by the Department in the community that reduce the offender's risk to reoffend or that provide reparation to the community in the form of supervised work activities.

(b) Provided the approval of the sentencing judge, if available, otherwise a Superior Court judge, is first obtained, the Department may place on treatment furlough an offender who has not yet served the minimum term of the sentence, who, in the Department's determination, needs residential treatment services not available in a correctional facility. The services may include treatment for substance abuse or personal violence or any other condition that the Department has determined should be addressed in order to reduce the offender's risk to reoffend or cause harm to himself or herself or to others in the facility. The offender shall be released only to a hospital or residential treatment facility that provides services to the general population. The State's share of the cost of placement in such a facility, net of any private or federal participation, shall be paid pursuant to memoranda of agreement between and within State agencies reflective of their shared responsibilities to maximize the efficient and effective use of State resources. In the event that a memorandum of agreement cannot be reached, the Secretary of Administration shall make a final determination as to the manner in which costs will be allocated.

(c) [Repealed.]
28 V.S.A. § 1353 — VT Code / Title 28 / Chapter 22 / Section 1353
§ 1353. Article III; The compact commission
Status: in_force

(a) The compacting states hereby create the Interstate Commission for Adult Offender Supervision. The Interstate Commission shall be a body corporate and the joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties set forth in this compact, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(b) The Interstate Commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state.

(c) In addition to the commissioners who shall be the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members shall include a member of the national organizations of governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio, nonvoting members. The Interstate Commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.

(d) Each compacting state represented at any meeting of the Interstate Commission shall have one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

(e) The Interstate Commission shall meet at least once each calendar year. The chair may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

(f) The Interstate Commission shall establish an executive committee which shall include commission officers, members, and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking or amendment to the Compact. The executive committee shall oversee the day-to-day activities managed by the executive director and Interstate Commission staff, administer enforcement and compliance with the provisions of the Compact, its bylaws and as directed by the Interstate Commission, and perform other duties as directed by the Commission or set forth in the bylaws.
28 V.S.A. § 1608 — VT Code / Title 28 / Chapter 27 / Section 1608
§ 1608. Withdrawal and termination-Article VIII
Status: in_force

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.
28 V.S.A. § 1359 — VT Code / Title 28 / Chapter 22 / Section 1359
§ 1359. Article IX; Oversight, enforcement and dispute resolution by the Interstate Commission
Status: in_force

(a) Oversight. The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

(b) Dispute resolution. The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities. The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states. The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

(c) Enforcement. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII of this compact provided by subsection 1362(b) of this title.
28 V.S.A. § 1360 — VT Code / Title 28 / Chapter 22 / Section 1360
§ 1360. Article X; Finance
Status: in_force

(a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

(b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state, and shall promulgate a rule binding upon all compacting states which governs said assessment.

(c) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.
28 V.S.A. § 203 — VT Code / Title 28 / Chapter 5 / Section 203
§ 203. Probation warrant
Status: in_force

(a) Whenever a probationer is placed in the custody of the Commissioner, the court shall furnish the Commissioner with a warrant setting forth the name of the probationer, the nature of the crime of which he or she was convicted, the date and place of trial and sentence, the sentence imposed, the order of the court committing him or her to the charge of the Commissioner, and the conditions of his or her release.

(b) The warrant shall be full authority for the exercise by the Commissioner of all the rights and powers over and in relation to the probationer prescribed by law and by the order of the court.

(c) The warrant shall be sufficient authority for the apprehension and detention of the probationer by the Commissioner or by any officer acting under his or her direction at any time or place.