reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 808d. Definition; eligible misdemeanor

§ 808d. Definition; eligible misdemeanor
As used in section 808c of this title, “eligible misdemeanor” means a misdemeanor crime that is not one of the following crimes:
(1) Cruelty to animals involving death or torture as defined in 13 V.S.A. § 352(1) and (2).
(2) Simple assault as defined in 13 V.S.A. § 1023(a)(1).
(3) Simple assault with a deadly weapon as defined in 13 V.S.A. § 1023(a)(2).
(4) Simple assault of a law enforcement officer, firefighter, emergency medical personnel member, or health care worker while he or she is performing a lawful duty as defined in 13 V.S.A. § 1023(a)(1).
(5) Reckless endangerment as defined in 13 V.S.A. § 1025.
(6) Simple assault of a correctional officer as defined in 13 V.S.A. § 1028a(a)(1).
(7) Simple assault of a correctional officer as defined in 13 V.S.A. § 1028a(b).
(8) Violation of an abuse prevention order, first offense, as defined in 13 V.S.A. § 1030.
(9) Stalking as defined in 13 V.S.A. § 1062.
(10) Domestic assault as defined in 13 V.S.A. § 1042.
(11) Cruelty to children over 10 years of age by one over 16 years of age as defined in 13 V.S.A. § 1304.
(12) Cruelty by a person having custody of another as defined in 13 V.S.A. § 1305.
(13) Abuse, neglect, or exploitation of a vulnerable adult as provided in 13 V.S.A. §§ 1376-1381.
(14) Hate-motivated crime as defined in 13 V.S.A. § 1455 or burning of a cross or other religious symbol as defined in 13 V.S.A. § 1456.
(15) Voyeurism as defined in 13 V.S.A. § 2605.
(16) Prohibited acts as defined in 13 V.S.A. § 2632.
(17) Obscenity as defined in 13 V.S.A. chapter 63.
(18) Possession of child pornography as defined in 13 V.S.A. § 2827.
(19) Possession of a dangerous or deadly weapon in a school bus or school building as defined in 13 V.S.A. § 4004(a).
(20) Possession of a dangerous or deadly weapon on school property with intent to injure as defined in 13 V.S.A. § 4004(b).
(21) Possession of a firearm in court as defined in 13 V.S.A. § 4016(b)(1).
(22) Possession of a dangerous or deadly weapon in court as defined in 13 V.S.A. § 4016(b)(2).
(23) Failure to comply with the sex offender registry as defined in 13 V.S.A. § 5409.
(24) Careless or negligent operation of a motor vehicle resulting in serious bodily injury or death as defined in 23 V.S.A. § 1091(b).
(25) Driving under the influence of alcohol or drugs, second offense, as defined in 23 V.S.A. §§ 1201 and 1210(c).
(26) Boating under the influence of alcohol or drugs, second offense, as defined in 23 V.S.A. § 3323. (Added 2011, No. 41, § 3a; amended 2019, No. 148 (Adj. Sess.), § 16, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 808e. Absconding from furlough; warrant

§ 808e. Absconding from furlough; warrant
(a) “Absconded” has the same meaning as “absconding” as defined in subdivision 724(d)(2)(C) of this title.
(b) The Commissioner of Corrections may issue a warrant for the arrest of a person who has absconded from furlough status in violation of subsection 808(a) or section 723 or 808a of this title, requiring the person to be returned to a correctional facility. A law enforcement officer who is provided with a warrant issued pursuant to this section shall execute the warrant and return the person who has absconded from furlough to the Department of Corrections.
(c) A person for whom an arrest warrant is issued pursuant to this section shall not earn credit toward service of the person’s sentence for any days that the warrant is outstanding. (Added 2019, No. 77, § 11, eff. June 19, 2019; amended 2019, No. 148 (Adj. Sess.), § 17, eff. Jan. 1, 2021; 2023, No. 78, § E.338.4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 809. Pardons; application; notice; hearing; decision

§ 809. Pardons; application; notice; hearing; decision
(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. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 810. Conditional pardon; breach

§ 810. Conditional pardon; breach
(a) In his or her discretion, the Governor may grant a pardon for offenses against the State upon the conditions as he or she judges proper. Until a person to whom a conditional pardon is granted is excused from the performance of the conditions thereof, the Governor shall have all the authority, rights, and powers over and in relation to the person which he or she would have if he or she were surety in the case upon the recognizance of the person before conviction, and he or she shall be the sole and exclusive judge as to whether the conditions of the pardon have been violated. If, in the judgment of the Governor, the conditions have been violated, he or she may cause the person to be apprehended and returned to his or her former condition of custody that execution of sentence may be complied with.
(b) Whenever a person is conditionally pardoned, the Commissioner shall be furnished with a copy of the conditional pardon signed by the Governor, setting forth the name of the person, the nature of the crime of which he or she was convicted, the date and place of trial and sentence, and the terms of the conditional pardon. Such copy of the conditional pardon shall be full authority for the exercise by the Commissioner of all rights and powers over and in relation to the person prescribed by law and the order of the Governor and shall be a sufficient warrant for the detention of the person as provided in subsection (c) of this section.
(c) The Commissioner may detain for safekeeping at a correctional facility any person who has allegedly violated the terms of his or her conditional pardon as ordered by the Governor, pending a conference with the advisory Parole Board at its next regularly scheduled meeting, or the Governor, such period of detention not to exceed 30 days. The nature of the alleged violation shall be considered by the advisory Parole Board and recommendation made to the Governor. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 811. Work camps; reduction of term

§ 811. Work camps; reduction of term
A reduction of up to 30 days in the minimum and maximum terms of confinement may be made in accordance with a policy established by the director of a work camp in which an inmate is confined for each month during which the inmate demonstrates, beyond the level normally expected, consistent program performance or meritorious work performance. (Added 2005, No. 63, § 4.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 812. Denial of good time credit

§ 812. Denial of good time credit
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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1977, No. 149 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 813. Restoration of reductions

§ 813. Restoration of reductions
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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1977, No. 149 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 814. Appointment of agent, attorney, or trustee for an inmate

§ 814. Appointment of agent, attorney, or trustee for an inmate
(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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 815. Development of guidelines; visitation and recreation

§ 815. Development of guidelines; visitation and recreation
(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. (Added 1993, No. 233 (Adj. Sess.), § 86, eff. June 21, 1994.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 816. Inmate Recreation Fund

§ 816. Inmate Recreation Fund
The Department shall accept monies generated by commissions on telephone services, commissary sales, and sales of approved items not available on commissary by the Department to inmates at its correctional facilities and shall establish with such monies an inmate recreation special fund. The fund shall be used to provide postage to inmates in a manner consistent with Department policy. The fund may be used for costs associated with the oversight and accounting of inmate cash accounts. The fund may be used, at the discretion of the Commissioner, to hire persons or purchase services, equipment, and goods to establish or enhance recreation activities for inmates confined in any of the Department’s facilities, and for voluntary inmate contributions that promote the restoration of crime victims or communities. The inmates, through a process established by the inmate recreation fund committee, may also choose to create a loan fund, the operation of which shall be governed by rules adopted pursuant to 3 V.S.A. chapter 25, from which offenders may borrow in order to help them obtain housing upon release from incarceration. (Added 1997, No. 155 (Adj. Sess.), § 17; amended 1999, No. 152 (Adj. Sess.), § 102a; 2001, No. 61, § 80, eff. July 1, 2002; 2001, No. 61, § 81, eff. July 1, 2005; 2001, No. 142 (Adj. Sess.), § 172; 2003, No. 66, § 169; 2005, No. 71, § 145; 2005, No. 215 (Adj. Sess.), § 161a, eff. May 31, 2006.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 817. Creation of work camps; intent

§ 817. Creation of work camps; intent
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. (Added 2005, No. 147 (Adj. Sess.), § 59, eff. May 15, 2006.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 819. Extraordinary good time

§ 819. Extraordinary good time
(a) Notwithstanding any other provision of law, the Commissioner may, in his or her discretion, award a reduction of up to 30 days in an offender’s minimum and maximum sentence if the Commissioner determines that the offender has:
(1) acted to protect the life or safety of another person;
(2) performed an act that put the inmate in harm’s way in order to protect or preserve the life of another person; or
(3) performed an act of heroism during an emergency.
(b) An award of extraordinary good time under this section may be made to an inmate:
(1) sentenced or committed to the custody of the Commissioner as defined in section 701 of this title;
(2) furloughed as defined in section 808 of this title;
(3) on parole as defined in section 402 of this title; or
(4) on supervised community sentence as defined in section 351 of this title.
(c) Within 30 days after an award of extraordinary good time pursuant to this section, the Department’s Victim Services Unit shall provide notice of the award and the newly effective minimum and maximum release dates to any victim of record. (Added 2019, No. 56, § 3, eff. June 10, 2019; repealed on July 1, 2021 by 2019, No. 56, § 7(a).)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 851. General provisions

§ 851. General provisions
The supervising officer of each facility shall be responsible for the discipline, control, and safe custody of the inmates therein. No inmate shall be punished except under the order of the officer or of a deputy designated by him or her for the purpose, nor shall any punishment be imposed otherwise than in accordance with the provisions of this subchapter. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 852. Disciplinary committee; hearing

§ 852. Disciplinary committee; hearing
(a) The supervising officer of each facility shall appoint a disciplinary committee where appropriate from among the staff of the facility. The supervising officer may designate himself or herself or a subordinate as chair of the committee. The Commissioner may designate a hearing officer to hear evidence and make findings of fact and recommendations to the committee.
(b) In disciplinary cases, which may involve the imposition of disciplinary segregation or the loss of good time, the disciplinary committee or a designated hearing officer shall conduct a fact-finding hearing pursuant to the following procedure:
(1) Notice of the charge and of the hearing shall be given to the inmate so charged.
(2) The inmate shall have an opportunity subject to reasonable rules to confront the person bringing the charge.
(3) The inmate shall be entitled to be present and be heard at the hearing subject to reasonable rules of conduct.
(4) The committee or hearing officer shall summon to testify any available witness or other persons with relevant knowledge of the incident subject to reasonable rules. The inmate charged may be permitted to question any person so summoned.
(5) The inmate charged may be assisted upon request in the preparation and presentation of his or her case by an assigned employee of the facility if the supervising officer determines, in his or her discretion, that the requested employee is reasonably available.
(c) If the charge against the inmate is sustained, the disciplinary committee may impose appropriate punishment, which shall be reviewed in every case by the supervising officer. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 8; 1973, No. 206 (Adj. Sess.), § 4, eff. May 3, 1974.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 853. Punishment; maintenance of records; recommendation of transfer

§ 853. Punishment; maintenance of records; recommendation of transfer
(a)(1) Except in serious cases as provided in subdivision (2) of this subsection, punishment for a breach of the rules and regulations of the facility shall consist of deprivation of privileges.
(2) Serious breaches of the rules and regulations shall include assault, escape, attempt to escape, and other serious breaches. In cases involving a serious breach, the disciplinary committee may recommend to the supervising officer of the facility, who may then order, other forms of discipline in addition to or as substitution for a loss of privileges. If the serious breach results in damage to State-owned property, the disciplinary committee may fix an amount of restitution or reparation, which shall not exceed an amount the inmate can or will be able to pay, and shall fix the manner of performance. Other forms of discipline for a serious breach of the rules may include:
(A) Recommendation by the disciplinary committee and by the supervising officer to the Commissioner that the inmate be transferred to another facility.
(B) Segregation, in accordance with the regulations of the Department, in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility; provided:
(i) the period of such segregation shall not exceed 30 days consecutively;
(ii) he inmate shall be supplied with a sufficient quantity of wholesome and nutritious food, which shall be of the same quantity and nutritional quality as that provided to the general population of inmates at the facility;
(iii) adequate sanitary and other conditions required for the health of the inmate shall be maintained; and
(iv) the supervising officer of the facility shall comply with any recommendation that may be made by the facility’s physician for measures with respect to dietary needs or conditions of segregation of each inmate required to maintain the health of the inmate.
(b) No cruel, inhuman, or corporal punishment shall be used on any inmate, nor is the use of force on any inmate justifiable except as provided by law.
(c) The supervising officer of any facility shall maintain a record of all breaches of rules, the disposition of each case, and the punishment, if any, for each breach. Each breach of the rules by an inmate shall be entered in the file of the inmate, together with the disposition or punishment therefor. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1975, No. 21, § 2, eff. March 31, 1975; 1977, No. 57, § 1, eff. April 21, 1977; 1977, No. 264 (Adj. Sess.), § 1; 2005, No. 177 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 854. Grievances

§ 854. Grievances
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. (Added 1973, No. 206 (Adj. Sess.), § 5, eff. May 3, 1974.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 855. Hearing officers

§ 855. Hearing officers
The Commissioner may appoint such hearing officers as are necessary to conduct administrative hearings within the Department. (Added 1973, No. 206 (Adj. Sess.), § 6, eff. May 3, 1974.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 857. Administrative segregation; procedural requirements

§ 857. Administrative segregation; procedural requirements
(a) Except in emergency circumstances as described in subsection (b) of this section, before an inmate is placed in administrative segregation, regardless of whether that inmate has been designated as having a serious functional impairment under section 906 of this title, the inmate is entitled to a hearing pursuant to subsection 852(b) of this title.
(b) In the event of an emergency situation and at the discretion of the Commissioner, an inmate may be placed in administrative segregation prior to receiving a hearing as described in subsection 852(b) of this title. (Added 2015, No. 137 (Adj. Sess.), § 2, eff. May 25, 2016.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 901. Evaluation and treatment facilities

§ 901. Evaluation and treatment facilities
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. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 902. Commitment and sentencing

§ 902. Commitment and sentencing
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. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 903. Access to treatment pending appeal; rule

§ 903. Access to treatment pending appeal; rule
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. (Added 1995, No. 185 (Adj. Sess.), § 51, eff. May 22, 1996; amended 2015, No. 23, § 132.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 905. Legislative intent

§ 905. Legislative intent
It is the intent of the General Assembly that the serious functional impairment designation apply solely to individuals residing in a correctional facility and not to individuals reentering the community after incarceration. (Added 2013, No. 123 (Adj. Sess.), § 1, eff. May 9, 2014; amended 2017, No. 74, § 119a.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 906. Definitions

§ 906. Definitions
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. (Added 1993, No. 224 (Adj. Sess.), § 1; amended 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 22; 2009, No. 26, § 2; 2013, No. 96 (Adj. Sess.), § 190.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 908. Access to mental health services; notice

§ 908. Access to mental health services; notice
The Commissioner shall ensure that notice of services available to inmates and the manner in which those services are made available to inmates is widely disseminated to staff and inmates throughout the Department. (Added 1993, No. 224 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 12 - Community Reparative Boards › § 910. Restorative Justice Program

§ 910. Restorative Justice Program
This chapter establishes a program of restorative justice for use with offenders required to participate in such a program as a condition of a sentence of probation or as ordered for civil contempt of a child support order under 15 V.S.A. § 603. The Program shall be carried out by community reparative boards under the supervision of the Commissioner, as provided by this chapter. (Added 1999, No. 148 (Adj. Sess.), § 68, eff. May 24, 2000; amended 2011, No. 119 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 12 - Community Reparative Boards › § 910a. Reparative boards; functions

§ 910a. Reparative boards; functions
(a) The Commissioner shall establish reparative boards and appoint to them members of the community with the advice and recommendation of nonprofit organizations or municipal entities in the localities concerned. The Commissioner shall appoint each board member to a term of one to three years, may reappoint a member to consecutive terms, and may remove a member for good cause.
(b) Each board shall elect its chair from its membership. A chair may serve for no more than one year uninterrupted. All meetings of a board shall comply with open meeting law requirements of 1 V.S.A. chapter 5, subchapter 2, consistent with probationer confidentiality requirements of this title, and as may be imposed by the court.
(c) Each board shall adopt bylaws approved by the Commissioner. Such bylaws may authorize each board to establish panels to conduct reparative board activities.
(d) Each board shall conduct its meetings in a manner that promotes safe interactions among an offender, victim or victims, and community members, and shall:
(1) In collaboration with the Department, municipalities, the courts, and other entities of the criminal justice system, implement the Restorative Justice Program of seeking to obtain offender accountability, repair harm and compensate a victim or victims and the community, increase an offender’s awareness of the effect of his or her behavior on a victim or victims and the community, and identify ways to help an offender comply with the law.
(2) Educate the public about, and promote community support for, the Restorative Justice Program.
(e) Each board shall have access to the central file of any offender required to participate with that board in the Restorative Justice Program.
(f) When engaged in board activities, a board member shall be considered a volunteer with regard to any grievance or other matter governed by 3 V.S.A. § 1101. (Added 1999, No. 148 (Adj. Sess.), § 68, eff. May 24, 2000; amended 2011, No. 119 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 12 - Community Reparative Boards › § 911. Grant program for community-based half-way houses and programs

§ 911. Grant program for community-based half-way houses and programs
(a) A grant program for community-based alternatives to incarceration is established to assist:
(1) private nonprofit community organizations establish half-way houses and programs to help adult ex-offenders and offenders on probation, parole, or furlough reintegrate into the community; and
(2) existing half-way houses and programs for adult ex-offenders and offenders on probation, parole, or furlough.
(b) The Alternatives to Incarceration Board established under section 912 of this title shall establish procedures and guidelines by which it shall solicit and review proposals for grants, award grants, and monitor and evaluate the progress of projects funded under this chapter.
(c) Private, nonprofit organizations which create residential half-way houses for former prisoners or offenders on community release status shall receive priority funding under this chapter.
(d) [Repealed.] (Added 1989, No. 288 (Adj. Sess.), § 2; 2009, No. 33, § 83(l)(2).)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 13 - Town and Village Lockups › § 1001. Erection of lockups

§ 1001. Erection of lockups
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. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 13 - Town and Village Lockups › § 1002. Jailer; appointment; removal

§ 1002. Jailer; appointment; removal
The selectboard of a town or the trustees of an incorporated village may appoint a jailer of the lockup and may remove him or her at pleasure. The appointment or removal shall be in writing and recorded in the office of the town or village clerk. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 13 - Town and Village Lockups › § 1003. Commitments

§ 1003. Commitments
When process is delivered to an officer to serve, requiring the officer to commit a person to jail to await examination or trial before a Superior Court, if the order for commitment was made within the limits of a town, incorporated village, or a county maintaining a lockup, that person may be committed for not more than 72 hours, unless the time is extended by court order, to the lockup and be subject to the restraints and entitled to the privileges provided by law for persons confined in a correctional facility. A person under 18 years of age charged or convicted of a misdemeanor may not be detained in a lockup used to house inmates over 18 years of age, except as provided in 33 V.S.A. § 5293. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1987, No. 182 (Adj. Sess.), § 6; 2013, No. 131 (Adj. Sess.), § 132, eff. May 20, 2014.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 13 - Town and Village Lockups › § 1004. Standards of maintenance and use by Department of Corrections

§ 1004. Standards of maintenance and use by Department of Corrections
(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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1977, No. 57, § 2, eff. April 22, 1977; 1981, No. 185 (Adj. Sess.), § 3, eff. April 22, 1982; 1987, No. 199 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 15 - Juvenile Services › § 1101. Powers and responsibilities of the Commissioner regarding juvenile services

§ 1101. Powers and responsibilities of the Commissioner regarding juvenile services
The Commissioner is charged with the following powers and responsibilities regarding the administration of juvenile services:
(1) to provide appropriate facilities for the custody and treatment of offenders under 25 years of age committed to his or her custody in accordance with the laws of the State;
(2) to supervise and administer and oversee the maintenance of the facilities, in accordance with the various powers and responsibilities established in the office of Commissioner by this title, by 33 V.S.A. chapter 52, and by 3 V.S.A. §§ 3052 and 3053;
(3) to advise, upon request and in his or her discretion, local, State, and federal officials and public and private agencies and lay groups on the needs for and possible methods of the reduction and prevention of delinquency and the treatment of delinquents;
(4) to cooperate with other agencies whose services deal with the care and treatment of delinquents to the end that children who are committed to the custody of the Commissioner may wherever possible be assisted to a successful adjustment outside institutional care;
(5) to cooperate with other agencies in surveying, developing, and utilizing the resources of a community as a means of combating the problem of juvenile delinquency and of effectuating rehabilitation; and
(6) to hold community and State conferences from time to time in order to acquaint the public with current issues of juvenile delinquency.
(7) [Repealed.] (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2009, No. 33, § 83(l)(3); 2013, No. 131 (Adj. Sess.), § 133, eff. May 20, 2014; 2015, No. 153 (Adj. Sess.), § 16, eff. July 1, 2017; 2019, No. 124 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 15 - Juvenile Services › § 1102. Administration of facilities providing juvenile services; care of juveniles

§ 1102. Administration of facilities providing juvenile services; care of juveniles
(a) The supervising officer of any facility providing juvenile services shall be subject to all the powers and responsibilities applied to the supervising officers of facilities by section 601 of this title.
(b) Children committed to the custody of the Commissioner in accordance with the laws of the State, wherever appropriate, shall be subject to the provisions established in chapter 11, subchapter 3 of this title. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 15 - Juvenile Services › § 1103. Treatment program

§ 1103. Treatment program
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. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 15 - Juvenile Services › § 1104. Consent to medical treatment

§ 1104. Consent to medical treatment
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. (Added 1971, No. 199 (Adj. Sess.), § 20.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 16 - Youthful Offenders › § 1161. Powers and responsibilities of the Commissioner regarding supervision of youthful offenders

§ 1161. Powers and responsibilities of the Commissioner regarding supervision of youthful offenders
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. (Added 2017, No. 72, § 2, eff. July 1, 2018.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 16 - Youthful Offenders › § 1162. Methods of supervision

§ 1162. Methods of supervision
(a) Electronic monitoring. The Commissioner may utilize an electronic monitoring system to supervise a youthful offender placed on juvenile probation.
(b) Graduated sanctions.
(1) If ordered by the court pursuant to a modification of a youthful offender disposition under 33 V.S.A. § 5285(c)(1), the Commissioner may sanction the youthful offender in accordance with rules adopted pursuant to subdivision (2) of this subsection.
(2) The Department of Corrections shall adopt rules pursuant to 3 V.S.A. chapter 25 that establish graduated sanction guidelines for a youthful offender who violates the terms of his or her probation. (Added 2017, No. 72, § 2, eff. July 1, 2018.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 22 - Interstate Compact for the Supervision of Adult Offenders › § 1352. Article II; Definitions

§ 1352. Article II; Definitions
As used in this compact, unless the context clearly requires a different construction:
(1) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.
(2) “Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.
(3) “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact.
(4) “Compacting state” means any state which has enacted the enabling legislation for this compact.
(5) “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact.
(6) “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this compact.
(7) “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.
(8) “Noncompacting state” means any state which has not enacted the enabling legislation for this compact.
(9) “Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.
(10) “Person” means any individual, corporation, business enterprise or other legal entity, either public or private.
(11) “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.
(12) “State” means a state of the United States, the District of Columbia, and any other territorial possessions of the United States.
(13) “State council” means the resident members of the state council for interstate adult offender supervision created by each state under Article III of this compact. (Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 22 - Interstate Compact for the Supervision of Adult Offenders › § 1353. Article III; The compact commission

§ 1353. Article III; The compact commission
(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. (Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)