Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 006 - INMATE PROCEDURE TO MARRY › Section 13 130 006 - INMATE PROCEDURE TO MARRY

Current through June, 2024
The Department of Corrections (DOC) recognizes the
				  fundamental right of individuals to wed. The DOC shall review all requests by
				  inmates to marry on a case by case basis. All requests for marriage shall be
				  reviewed by the Superintendent of the facility where the inmate is
				  incarcerated, and the DOC Commissioner.
When making determinations as to whether to allow the
				  marriage ceremony to take place, DOC shall consider the underlying legal
				  requirements and shall deny the request if the conditions are not met:
1. Whether both parties are of legal age to
				wed - at least 18 years or older, or have the consent of a parent or guardian
				if aged 16 or 17;
2. Whether the
				parties are closely related, and therefore prohibited to wed under Vermont
				law;
3. Whether the inmate, or
				inmates, is/are physically or mentally capable of entering into marriage. If
				either party is under a guardianship, DOC may consider whether the guardian has
				approved the marriage;
4. Whether
				either party is unable to wed due to the existence of a current marriage or
				civil union; and
5. Whether there
				is indication and support that consent to marriage was obtained by force or
				fraud.
The DOC may also consider:
1. Whether the inmate is on a non-contact
				visiting status, as defined by the DOC policy on inmate visits, the intended
				spouse is on the visiting ban list, or if there is an Relief From Abuse Order
				in place, or any other court order prohibiting contact; and
2. Whether there are any concerns about the
				marriage negatively impacting the ability of the inmate to complete his or her
				treatment plan.
The Facility Corrections Services Specialist (CSS) shall note
				  any concerns regarding the additional factors DOC may consider and may
				  recommend that request be denied.
If the request is approved, the DOC shall allow inmates who
				  would like to attend some form of pre-marital counseling to meet with a
				  religious leader or other counselor to do so.
The DOC shall not bar an inmate from marrying another inmate
				  based solely on the incarceration status of the parties. However, both parties
				  shall receive approval from their Superintendent(s), shall not be housed
				  together, conjugal visits shall not be permitted, and no allowances for
				  additional correspondence, visits, or property shall be made for married
				  inmates.
Inmates, or their intended spouse, shall be responsible for
				  any and all costs associated with the marriage and ceremony.
Section I INTRODUCTION
Occasionally, inmates at correctional facilities request
				  permission to marry. The decision to grant or deny such a request can have an
				  important impact on the overall life of the inmate, and should be considered
				  carefully. It is important that the inmate has the opportunity to receive the
				  best advice and counsel available.
Section II PURPOSE
It is the purpose of this Policy to provide a process for an
				  inmate to marry while incarcerated.
Responsibility
Action
Inmate
Submit a request to Superintendent stating name,
								address, and other pertinent information about the prospective bride or
								groom.
Must meet with a qualified clergyman, or a
								clinically and professionally qualified person of their choice, first alone and
								then with his/her intended.
The purpose of these meetings is to determine whether both
				  parties really want to marry, and to make a determination of whether this is
				  likely to be a positive influence on the inmate during incarceration.
Inmates may use the facility chaplain or another chaplain of
				  their choice. If the couple objects to a conference with clergy, they may meet
				  instead with a clinically and professionally qualified person from outside the
				  Department (i.e., psychologist from local Community Mental Health
				  Agency).
Responsibility
Action
Superintendent or Designee
Assist inmate in scheduling appointments with
								counselor of his/her choice.
Review recommendation/report of clergymen or
								professional and submits with Superintendent's recommendation to Commissioner
								of Corrections.
Commissioner
Makes a decision based on recommendations and
								notifies inmate and Superintendent of that decision.
When permission is granted, arrangements for any and all
				  costs associated with the ceremony will be the responsibility of the inmate.
				  This includes blood tests and license.