Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 002 - INMATE DISCIPLINE 410 › Section 13 130 002 - INMATE DISCIPLINE 410

Current through June, 2024
Authority Pursuant to Title 28, V.S.A., Chapter 3, subsection
				  102, the
				  Commissioner of Corrections shall establish local procedures for the
				  administration of discipline to the offenders committed to his care and
				  custody. These local procedures shall guarantee the rights of due process as
				  afforded by state and federal law and this policy.
Purpose The purpose of this policy is to establish the rule
				  for the administration of discipline to offenders in the custody of the
				  Department of Corrections.
Applicability/Assessibility This policy applies directly to
				  Department of Corrections staff and the offenders under their control. Anyone
				  may have a copy of this policy.
Policy statement These procedures shall insure that no
				  cruel, inhuman or corporal punishment shall be used on any offender, nor is the
				  use of force on any offender justifiable except as provided by law. Only
				  disciplinary practices that can assist the offender to control behavior and
				  provide staff with a legitimate means to deal with punishable offender conduct
				  will be used.
The procedures for discipline shall, at a minimum, contain
				  the following provisions:
Section 1
				Violations and Punishments
Procedures shall be promulgated to include Major and Minor
				  violations. Major violations shall be divided into two categories, A & B.
				  Major A violations shall be construed to be the most serious. These constitute
				  violent acts or serious threats to institutional security or personal safety.
				  Major B violations shall be considered to be serious instances of misconduct,
				  by of lesser import than Major A violations. The constitute less serious acts
				  of violence and breaches of security. Minor violations constitute the least
				  serious conduct injurious to order and discipline. Only Major A and B
				  violations are punishable by punitive segregation and/or loss of good time.
				  Other punishments for commissions of Major A and B and minor violations may
				  include the following:
Loss of privileges within the offender's
				  classification;
Removal from program and/or group activity for up to thirty
				  days (does not include those programs required in case plan);
Change in living unit (within same or like custody
				  level);
Restriction to the area of the living unit (not just cell or
				  room);
Early lock-in;
Point fines;
Temporary loss of the use of personal property;
Forfeiture of excess funds to the Vermont Treasury;
Institutional community service/reparation (work project
				  related to offensive behavior);
Reprimand;
Apology;
Written Essay concerning infraction;
Make Monetary restitution;
Hearing Officers will consider the frequency of the conduct
				  and aggravating and mitigating circumstances when recommending punishments.
				  Punishments for Major A and B violations must be reviewed by the Disciplinary
				  Committee and approved by the Superintendent.
Section 2 Hearings for Major A & B
				Violations
a. Offenders shall be afforded a
				hearing before a trained and certified Hearing Officer on each alleged Major
				violation. The Hearing Officer is charged with hearing testimony, reviewing
				evidence, making findings of fact, determining if the alleged violation was
				committed and recommending a punishment.
b. Offenders shall be given notice of the
				hearing at least 24 hours prior to the hearing.
c. A scheduled hearing may be continued under
				the following circumstances:
(1) the offender
				has requested the presence of the reporting officer or witnesses, and because
				of work schedules, transfers or other causes, these persons would not be
				available for the hearing, or for questioning prior to the hearing unless it
				was continued. The Hearing Officer may continue the hearing at the request of
				the offender for a reasonable period and/or;
(2) at the request of the
				Superintendent/District Manager or designee, for a reasonable period of time if
				he/she determines that because of unforeseen problems, operational emergencies,
				witness availability or other unusual circumstances, the hearing should be
				continued.
d. Offenders
				may be present and heard subject to reasonable conduct.
e. Offenders who cannot adequately present
				their cases shall be entitled to the assistance of a hearing
				Assistant.
f. Offenders are
				entitled to present documentary evidence and call reasonably available
				witnesses, subject to relevance, necessity or hazards to institutional security
				or safety of individuals.
g.
				Offenders have the opportunity to question witnesses and review documentary
				evidence provided such is not hazardous to the institutional security or safety
				of individuals or deals with confidential information under Department of
				Corrections Policy 266, Security, Privacy Confidentially of Offender
				Information, or the provision for the use of confidential information by case
				law.
h. The report, findings,
				determination and recommendation of the hearing Officer shall be reviewed by
				the Disciplinary Committee and the Superintendent/District Manager and shall be
				given to the offender in a reasonable time after the hearing.