reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 701a. Segregation of inmates with a serious functional impairment

§ 701a. Segregation of inmates with a serious functional impairment
(a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding the classification, treatment, and segregation of an inmate with a serious functional impairment as defined and identified under subchapter 6 of this chapter; provided that the length of stay in segregation for an inmate with a serious functional impairment:
(1) shall not exceed 15 days if the inmate is segregated for disciplinary reasons;
(2) shall not exceed 30 days if the inmate requested the segregation, except that the inmate may remain segregated for successive 30-day periods following assessment by a qualified mental health professional and approval of a physician for each extension; and
(3) shall not exceed 30 days if the inmate is segregated for any reason other than the reasons set forth in subdivision (1) or (2) of this subsection, except that the inmate may remain segregated for successive 30-day periods following a due process hearing for each extension, which shall include assessment by a qualified mental health professional and approval of a physician.
(b) As used in this section, “segregation” shall have the same meaning as in subdivision 3(12) of this title.
(c) On or before the 15th day of each month, the Department’s Health Services Director shall provide to the Joint Legislative Justice Oversight Committee a report that, while protecting inmate confidentiality, lists each inmate who was in segregation during the preceding month by a unique indicator and identifies the reason the inmate was placed in segregation, the length of the inmate’s stay in segregation, and whether the inmate has a serious functional impairment. The report shall also indicate any incident of self harm or attempted suicide by inmates in segregation. The Department shall ensure that a copy of the report is forwarded on a monthly basis to the Vermont Defender General and to the entity designated as Vermont’s protection and advocacy system. At the request of the Committee, the Director shall also provide information about the nature of the functional impairments of inmates placed in segregation or services provided to these inmates. In addition, at least annually, the Department shall provide a report on all inmates placed in segregation who were receiving mental health services. (Added 1995, No. 185 (Adj. Sess.), § 48, eff. May 22, 1996; amended 2001, No. 61, § 82, eff. June 16, 2001; 2005, No. 177 (Adj. Sess.), § 4; 2009, No. 26, § 1; 2017, No. 78, § 4; 2019, No. 131 (Adj. Sess.), § 284.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 701b. Classification of persons or defendants

§ 701b. Classification of persons or defendants
(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. (Added 1995, No. 185 (Adj. Sess.), § 49, eff. May 22, 1996; 2009, No. 33, § 50.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 702. Transfer between facilities of the Department

§ 702. Transfer between facilities of the Department
(a) The Commissioner may transfer any inmate committed to his or her custody between any of the correctional facilities except that the Commissioner shall not have the authority to transfer a child, as defined in this title, to any facility except in accordance with 33 V.S.A. § 5293.
(b) The Commissioner shall have the authority to transfer a person under arrest and charged with any offense, or convicted but not yet sentenced, from the correctional facility at which the person is detained to any other facility if the Commissioner determines that the person cannot be kept properly or safely at the correctional facility at which he or she is detained. If the Commissioner determines that such person has manifested a mental illness requiring treatment, the Commissioner shall have the authority to initiate transfer proceedings pursuant to section 703 of this title. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1987, No. 182 (Adj. Sess.), § 5; 2013, No. 131 (Adj. Sess.), § 131, eff. May 20, 2014.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 703. Transfer to the Department of Mental Health

§ 703. Transfer to the Department of Mental Health
(a) If it becomes necessary to transfer a person who is under the supervision of the Department of Mental Health, the transfer shall be accomplished in accordance with the provisions of part 8 of Title 18.
(b) When a person is so transferred, he or she shall be subject to the supervision of the Commissioner of Mental Health except that the time during which the person is in the custody of the Commissioner of Mental Health shall be computed as part of the term for which he or she was sentenced. He or she shall continue to be eligible for good behavior reductions pursuant to section 811 of this title, and he or she shall continue to be eligible for parole pursuant to chapter 7 of this title. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 22.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 704. Disposition when person recovers

§ 704. Disposition when person recovers
When the Commissioner of Mental Health determines that a person whose sentence has not expired no longer requires to be under the supervision of the Department of Mental Health, the Commissioner shall return the person to the custody of the Commissioner in accordance with 18 V.S.A. chapter 189. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 22.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 705. Hospitalization upon expiration of sentence

§ 705. Hospitalization upon expiration of sentence
If it is determined by the Commissioner of Mental Health that a person who has been transferred by the Commissioner to the Department of Mental Health is in need of further care and treatment after the expiration of his or her maximum sentence, the Commissioner of Mental Health shall petition the Criminal Division of the Superior Court for recommitment of the inmate to the custody of the Commissioner of Mental Health. This action by the Commissioner of Mental Health shall be initiated before the expiration of the maximum sentence. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 4; 1977, No. 145 (Adj. Sess.), § 6; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 22; 2009, No. 154 (Adj. Sess.), § 238.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 706. Transfer to federal correctional facility

§ 706. Transfer to federal correctional facility
(a) The Commissioner may enter into and execute a contract or contracts with the United States for the transfer of any inmate from any facility to a federal correctional facility when, in his or her opinion, the inmate needs particular treatment or special facilities available at the federal correctional facility; or, all in-state treatment and rehabilitative programs available for the inmate have been considered and found unsuitable; or, all in-state security and custody alternatives for the inmate have been considered and found unsuitable; or, the inmate voluntarily requests transfer.
(b) Notwithstanding any other provision of law, an inmate transferred to a federal correctional facility shall, unless otherwise agreed in a contract or contracts, be subject to the same law, rules, regulations, and procedures applicable to inmates committed for violations of laws of the United States, not inconsistent with the sentence imposed. Such laws, rules, regulations, and procedures applicable to Vermont prisoners confined outside Vermont may include matters of discipline, classification, segregation, visiting, mail, clothing or dress, use of telephones, personal property, employment, work release, furlough, and transfer. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1975, No. 21, § 1, eff. March 31, 1975.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 707. Confinement of persons convicted by U.S. courts

§ 707. Confinement of persons convicted by U.S. courts
(a) The Department shall have the authority, on such terms and conditions as it may prescribe, to receive into custody any person ordered detained or convicted by any court of the United States. Any person against whom such sentence is rendered, while he or she is confined at any such facility, shall be subject to the same rules and discipline to which other inmates are subjected.
(b) All payments received from the United States for the confinement of such persons referred to in subsection (a) of this section shall be made to the State Treasurer. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 205 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 708. Discharge

§ 708. Discharge
(a) An inmate shall be released from confinement at the expiration of his or her term of sentence less the time deducted for good behavior.
(b) When an inmate is released from a correctional facility, either on parole or upon final discharge from the custody of the Commissioner, he or she shall be returned any personal possessions taken from him or her upon his or her commitment, and he or she may be furnished with transportation to the place where he or she will reside, any earnings set aside for him or her in a wage fund or other program or fund and any additional sum of money as may be prescribed by the Commissioner to enable the inmate to meet his or her immediate needs.
(c) If an inmate’s release date falls on a weekend or legal holiday, the inmate may be released at the discretion of the supervising officer on the next preceding day that is not a legal holiday or a weekend. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1979, No. 99 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 710. Approval of residence

§ 710. Approval of residence
(a) Before approving a residence for a sex offender who is being released from confinement or whom the court has released on a probationary sentence or an alternative sentence under community supervision by the Department, the Commissioner or the Commissioner’s designee shall give careful consideration to the proximity of the residence to any risk group associated with the offender.
(b) For purposes of this section, “sex offender” shall have the same meaning as in 13 V.S.A. § 5401(10)(B). (Added 2005, No. 192 (Adj. Sess.), § 30, eff. May 26, 2006.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 721. Offender reintegration; State policy

§ 721. Offender reintegration; State policy
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. (Added 2001, No. 61, § 89; amended 2001, No. 142 (Adj. Sess.), § 170c, eff. June 16, 2002.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 722. Definitions

§ 722. Definitions
As used in this subchapter:
(1) “Absconding” means:
(A) the offender has not met supervision requirements, cannot be located with reasonable efforts, and has not made contact with Department staff within three days if convicted of a listed crime as defined in 13 V.S.A. § 5301(7) or seven days if convicted of an unlisted crime;
(B) the offender flees from Department staff or law enforcement; or
(C) the offender left the State without Department authorization.
(2) “Conditional reentry” means the process by which a sentenced offender is released into a community for supervision while participating in programs that assist the reintegration process. The offender’s ability to remain in the community under supervision is conditioned on the offender’s progress in reentry programs.
(3) “Listed crime” means any offense identified in 13 V.S.A. § 5301(7).
(4) “Technical violation” means a violation of conditions of furlough that does not constitute a new crime.
(5) “Total effective sentence” means the sentence imposed under 13 V.S.A. §§ 7031 and 7032 as calculated by the Department in the offender’s records.
(6) “Unlisted crime” means any offense that is a crime under Vermont law, but is not identified in 13 V.S.A. § 5301(7). (Added 2001, No. 61, § 89, eff. June 16, 2001; amended 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 › § 723. Community supervision furlough

§ 723. Community supervision furlough
(a) The Department may release from a correctional facility to participate in a reentry program while serving the remaining sentence in the community a person who:
(1) has served the minimum term of the person’s total effective sentence;
(2) is ineligible for or refuses presumptive parole pursuant to section 501a of this title or has been returned or revoked to prison for a violation of conditions of parole, furlough, or probation; and
(3) agrees to comply with such conditions of supervision the Department, in its sole discretion, deems appropriate for that person’s furlough.
(b) The offender’s continued supervision in the community is conditioned on the offender’s commitment to and satisfactory progress in his or her reentry program and on the offender’s compliance with any terms and conditions identified by the Department.
(c) Prior to release under this section, the Department shall screen and, if appropriate, assess each felony drug and property offender for substance abuse treatment needs using an assessment tool designed to assess the suitability of a broad range of treatment services, and it shall use the results of this assessment in preparing a reentry plan. The Department shall attempt to identify all necessary services in the reentry plan and work with the offender to make connections to necessary services prior to release so that the offender can begin receiving services immediately upon release. (Added 1997, No. 148 (Adj. Sess.), § 61, eff. April 29, 1998; amended 2013, No. 96 (Adj. Sess.), § 187; 2017, No. 91 (Adj. Sess.), § 1; 2019, No. 148 (Adj. Sess.), § 10, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 725. Parole hearing for offenders on community supervision furlough

§ 725. Parole hearing for offenders on community supervision furlough
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. (Added 2001, No. 61, § 89, eff. June 16, 2001; amended 2019, No. 148 (Adj. Sess.), § 13, eff. Jan. 1, 2021.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 726. Reduction of sentence

§ 726. Reduction of sentence
Each day an offender is supervised in a conditional reentry program shall be counted as one day served for the total effective sentence. (Added 2001, No. 61, § 89, eff. June 16, 2001; amended 2005, No. 87 (Adj. Sess.), § 2, eff. Feb. 8, 2006.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 751a. Definitions

§ 751a. Definitions
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. (Added 1999, No. 148 (Adj. Sess.), § 57, eff. May 24, 2000.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 752. Offender Work Programs Special Fund

§ 752. Offender Work Programs Special Fund
(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.] (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 152 (Adj. Sess.), § 11; 1999, No. 148 (Adj. Sess.), § 59, eff. May 24, 2000; 2009, No. 33, § 83(l)(1); 2019, No. 128 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 753. Work release program

§ 753. Work release program
(a) The Commissioner shall have the authority to permit any inmate of any correctional facility to be gainfully employed outside the facility when the employment is determined to be in the best interests of the inmate and of the State, and when the inmate volunteers to participate in any work release program making provisions for gainful employment. Inmates may be employed by the State or by public or private employers. The rates of pay and other conditions of employment for an inmate released under this section shall be the same as those paid or required in the locality in which the work is performed.
(b) The Commissioner shall have the power and responsibility to make rules and regulations for the administration of any work release program authorized under this section.
(c) The Commissioner, before allowing any inmate to participate in a work release program, shall determine that the employment of the inmate will not cause the displacement of employed workers.
(d) A work release program may be extended to include the enrollment of an inmate in academic or vocational programs designed to improve the skills and abilities of the inmate.
(e) The time during which an inmate participates in a work release program outside a correctional facility shall be tabulated toward the serving of his or her sentence in the same manner as though the inmate had served such time at the facility. The inmate shall remain subject to the rules and regulations of the facility and be under the direction and control of the officers thereof during the period of his or her participation in the program. (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 › § 754. Powers and responsibilities of the Department regarding the work release program

§ 754. Powers and responsibilities of the Department regarding the work release program
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. (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 › § 755. Disposition of earnings

§ 755. Disposition of earnings
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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1977, No. 264 (Adj. Sess.), § 2; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 57.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 757. Inmate not an agent of the State

§ 757. Inmate not an agent of the State
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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1993, No. 54, § 2.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 758. Release from a correctional facility to do work in the service of such facility or of the Department

§ 758. Release from a correctional facility to do work in the service of such facility or of the Department
The supervising officer of any correctional facility may permit an inmate to leave the facility for the purpose of performing maintenance work or farm work, or any other work necessary, or appropriate for the maintenance, operations, or business of the facility or of the Department. (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 › § 759. Employment and furlough of an inmate during the pendency of prosecution

§ 759. Employment and furlough of an inmate during the pendency of prosecution
(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. (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 › § 760. Compensation of offenders

§ 760. Compensation of offenders
(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 and regulations promulgated by the Ccommissioner 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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1993, No. 54, § 3; 1997, No. 148 (Adj. Sess.), § 69, eff. April 29, 1998; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 761. Offender work programs expansion

§ 761. Offender work programs expansion
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. (Added 1997, No. 62, § 44, eff. June 26, 1997; amended 1997, No. 152 (Adj. Sess.), § 12; 1999, No. 148 (Adj. Sess.), § 60, eff. May 24, 2000; 2009, No. 33, § 52; 2009, No. 67 (Adj. Sess.), § 96, eff. Feb. 25, 2010; 2019, No. 128 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 801a. Pregnant inmates

§ 801a. Pregnant inmates
(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. (Added 2005, No. 180 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 801b. Medication-assisted treatment in correctional facilities

§ 801b. Medication-assisted treatment in correctional facilities
(a) If an inmate receiving medication-assisted treatment prior to entering the correctional facility continues to receive medication prescribed in the course of medication-assisted treatment pursuant to section 801 of this title, the inmate shall be authorized to receive that medication for as long as medically necessary.
(b)(1) If at any time an inmate screens positive as having an opioid use disorder, the inmate may elect to commence buprenorphine-specific medication-assisted treatment if it is deemed medically necessary by a provider authorized to prescribe buprenorphine. The inmate shall be authorized to receive the medication as soon as possible and for as long as medically necessary.
(2) Nothing in this subsection shall prevent an inmate who commences medication-assisted treatment while in a correctional facility from transferring from buprenorphine to methadone if:
(A) methadone is deemed medically necessary by a provider authorized to prescribe methadone; and
(B) the inmate elects to commence methadone as recommended by a provider authorized to prescribe methadone.
(c) 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 his or her 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.
(d)(1) As part of reentry planning, the Department shall commence medication-assisted treatment prior to an inmate’s release if:
(A) the inmate screens positive for an opioid use disorder;
(B) medication-assisted treatment is medically necessary; and
(C) the inmate elects to commence medication-assisted treatment.
(2) If medication-assisted treatment is indicated and despite best efforts induction is not possible prior to release, the Department shall ensure comprehensive care coordination with a community-based provider.
(e) Counseling or behavioral therapies shall be provided in conjunction with the use of medication for medication-assisted treatment as provided for in the Department of Health’s “Rule Governing Medication-Assisted Therapy for Opioid Dependence for: (1) Office-Based Opioid Treatment Providers Prescribing Buprenorphine; and (2) Opioid Treatment Providers.” (Added 2017, No. 176 (Adj. Sess.), § 4; amended 2019, No. 72, § E.338.2.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 802. Correspondence of inmates

§ 802. Correspondence of inmates
(a) Any authorized employee of any correctional facility shall have the right to inspect all correspondence by or to inmates of the facility. The employee shall have the right to withhold and prevent the transmission of material intended to be sent through the mails by or to an inmate if the material is contraband as defined by the rules of the facility or constitutes a clear and present danger to the security of the facility.
(b) Notwithstanding the provisions of subsection (a) of this section, any correspondence from an inmate to any public official of the State or of the United States shall not be impeded in its transmission, nor shall it be inspected, opened, copied, duplicated, photographed, or examined in any way.
(c) An inmate shall not correspond through the mail with another inmate committed to the custody and supervision of the Department of Corrections, whether in the same facility or in a different facility, except as follows:
(1) To communicate with immediate family members who are inmates also in the custody and supervision of the Department of Corrections, subject to the prior approval of the superintendent or the superintendent’s designee.
(2) To communicate with other inmates where the inmate’s classification or treatment team deems the correspondence in the best interests of both parties.
(3) To communicate with another inmate regarding legal matters, so long as the superintendent or his or her designee knows the second inmate customarily offers legal advice to other inmates.
(4) To correspond with other inmates, so long as the correspondence has been approved by the superintendent or the superintendent’s designee at his or her sole discretion.
(d) Negative contact list.
(1) Except as provided in subsection (b) of this section, an inmate incarcerated at a Department of Corrections facility shall not correspond through the mail with any individual on the Department of Corrections’ negative contact list.
(2) An individual may be added to the negative contact list by notifying the Department of Corrections in writing that he or she does not wish to receive any correspondence through the mail from a particular inmate.
(3) A parent or authorized legal guardian of a minor may add the minor child to the negative contact list of any inmate who is not the parent of the child by notifying the Department of Corrections in writing that he or she does not wish the minor child to receive any correspondence through the mail from a particular inmate. If the inmate is a parent of the minor, the inmate shall have the right to have contact with the minor, unless the inmate is prohibited by court order from contacting the child. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2007, No. 64, § 3.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 802a. Telephone use; debit and collect call systems

§ 802a. Telephone use; debit and collect call systems
(a) Upon admittance to a correctional facility, the inmate shall within 24 hours be allowed access to a telephone for outgoing telephone calls at the expense of the inmate.
(b) An inmate shall be allowed easy access in placing collect telephone calls upon admission to a correctional facility under reasonable conditions determined by the Commissioner, unless the inmate has been prohibited under provisions of section 853 of this title regarding punishment for a breach of the rules and regulations of the correctional facility in which an inmate is confined.
(c) When an inmate requests and receives a list of parties approved to receive telephone calls, the inmate shall be provided the option of using a debit or collect call system to place such calls. Under the debit system, the inmate shall pay for telephone service at the time of use, and the cost of such service will be automatically deducted from an account maintained by the inmate for that purpose.
(d) Any contract to provide telephone services to inmates in State correctional facilities shall be negotiated and awarded in a manner that provides for the lowest reasonable cost to inmates, to their families, and to others communicating with inmates. (Added 1995, No. 185 (Adj. Sess.), § 50, eff. May 22, 1996; amended 2001, No. 61, § 79, eff. June 16, 2001.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 803. Exercise of religious beliefs

§ 803. Exercise of religious beliefs
(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. (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 › § 804. Right of inmates to confer with counsel

§ 804. Right of inmates to confer with counsel
If an inmate in any facility expresses a desire to see and confer with a practicing attorney of the State, the supervising officer of the facility shall authorize, except in cases of imminent danger of injury to person or of escape, the admittance of the attorney to the facility. The inmate and his or her attorney shall have the right to confer alone and in private at the facility. (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 › § 805. Counsel for an inmate confined during the pendency of prosecution

§ 805. Counsel for an inmate confined during the pendency of prosecution
When a person is confined to a correctional facility during the pendency of a prosecution against him or her, such inmate shall be allowed conference with his or her counsel of record, which conferences may be held in the presence but not in the hearing of an officer or employee of the correctional facility. (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 › § 806. Allowances to inmates

§ 806. Allowances to inmates
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. (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 › § 807. Voting rights

§ 807. Voting rights
(a) Notwithstanding any other provision of law, a person who is convicted of a crime shall retain the right to vote by early voter absentee ballot in a primary or general election at the person’s last voluntary residence during the term of the person’s commitment under a sentence of confinement provided the person otherwise fulfills all voting requirements.
(b) No person sentenced to the custody of the Commissioner of Corrections may use the place of involuntary confinement as the person’s place of residence for the purpose of qualifying to vote. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 172 (Adj. Sess.), § 12, eff. March 27, 1974; 2001, No. 6, § 12(a), eff. April 10, 2001.)
2023 Vermont Statutes › Title 28 - Public Institutions and Corrections › Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities › § 808a. Treatment furlough

§ 808a. Treatment furlough
(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.] (Added 2011, No. 41, § 3a; amended 2011, No. 41, § 3c, eff. April 1, 2013; 2019, No. 148 (Adj. Sess.), § 9, eff. Jan. 1, 2021.)