reglab/statecodes huggingface dataset:
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 110 - DEPARTMENT OF DISABILITIES, AGING AND INDEPENDENT LIVING › Chapter 003 - REGULATIONS OF THE OFFICE OF PUBLIC GUARDIAN › Section 13 110 003 - REGULATIONS OF THE OFFICE OF PUBLIC GUARDIAN

Current through June, 2024
Section I General
				Provisions
A. Introduction
The Office of Public Guardian was established to provide
				  guardianship services to mentally disabled persons 60 years of age or older for
				  whom the probate court is unable to appoint a guardian from the private
				  sector.
It is the policy of the State of Vermont that guardianship
				  for mentally disabled persons shall be utilized only as necessary to promote
				  the well being of the individual and to protect the individual from violations
				  of his or her human and civil rights. The Office of Public Guardian will
				  encourage maximum self reliance and independence in the individual and
				  guardianship services will be provided only to the extent required by the
				  individual's actual mental and adaptive limitations as instructed by the
				  probate court.
The ultimate objective of each public guardian is to ensure
				  wards receive appropriate care, protection and services in the least
				  restrictive manner and environment.
In making decisions for wards, public guardians shall
				  consider all available current and past information indicative of the ward's
				  wishes, preferences, and values in order to decide, as much as is possible and
				  prudent, as the ward would if able. When no such information exists, public
				  guardians shall make decisions based on the public guardian's judgment of what
				  will benefit the ward the most and offer the greatest opportunity for
				  independence and self-determination.
Public guardians shall also actively work to limit or
				  terminate the guardianship and find private guardians.
B. Statutory Authority
The Office of Public Guardian is established pursuant to 14
				  VSA Chapter 111, subchapter 13.
C. Exceptions and Severability
A determination of invalidity of any provision of these
				  regulations, or its application, shall not affect the validity of any other
				  provision or its application.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 110 - DEPARTMENT OF DISABILITIES, AGING AND INDEPENDENT LIVING › Chapter 004 - RULES REGARDING ACCESS TO RECORDS OF CONVICTIONS › Section 13 110 004 - RULES REGARDING ACCESS TO RECORDS OF CONVICTIONS

Current through June, 2024
Section I Statutory
				Basis
These rules are promulgated pursuant to
				  33 V.S.A. §
											6914, relating to access to criminal
				  records.
Section II Purpose
Chapter 69 of Title 33 is intended to protect persons who are
				  vulnerable as a result of their age or their physical or mental conditions, or
				  both. To provide such protection, it is important for those who are employing
				  persons to care for elderly or disabled adults to have access to the records of
				  convictions of current employees or those persons to whom a conditional offer
				  of employment has been made. This rule is intended to outline how such access
				  to criminal records can be obtained from the commissioner. Such access will
				  reduce the risk that the health and welfare of elderly and disabled adults will
				  be adversely affected through abuse, neglect or exploitation.
Section III Definitions
The terms used in these rules are used and defined as they
				  are used and defined in
				  33 V.S.A. §
											6902.
A. "Commissioner" means the Commissioner of
				the Department of Aging and Disabilities.
B. "Disabled adult" means a person eighteen
				years of age or older, who has a diagnosed physical or mental
				impairment.
C. "Elderly adult"
				means an individual who is sixty years of age or older.
D. "Owner or operator" means the owner or
				operator of a hospital, nursing home, residential care home, certified home
				health agency, intermediate care facility for adults with mental retardation,
				therapeutic community residence, and group home and developmental home under
				contract with the department of mental health and mental retardation, as set
				forth in
				33 V.S.A.
				§
											6911(c)(3).
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 110 - DEPARTMENT OF DISABILITIES, AGING AND INDEPENDENT LIVING › Chapter 006 - LICENSING REGULATIONS FOR HOMES FOR THE TERMINALLY ILL › Section 13 110 006 - LICENSING REGULATIONS FOR HOMES FOR THE TERMINALLY ILL

Current through June, 2024
Section I GENERAL
				PROVISIONS
1.1 Introduction
The State regulates Homes for the Terminally Ill for the dual
				  purposes of protecting the welfare and rights of residents and assuring that
				  they receive an appropriate quality of care. Toward that end, these regulations
				  are designed to foster personal independence on the part of residents and a
				  home-like environment in the homes.
Homes for the Terminally Ill are licensed to provide services
				  specifically for people who are terminally ill. These services include room,
				  board, personal care, general supervision, medication management, nursing and
				  other assistance for that individual's emotional, spiritual and physical well
				  being.
1.2 Statutory
				Authority
Homes for the Terminally Ill are subject to the provisions of
				  33 V.S.A. Chapter 71. The Agency of Human Services has designated the
				  Department of Aging and Disabilities, Division of Licensing and Protection, as
				  the licensing and regulatory agency for Homes for the Terminally Ill. That
				  statute and the provisions of these regulations guide them in their
				  work.
1.3 Statement of
				Intent
Upon the effective date of these regulations, all Homes for
				  the Terminally Ill in Vermont shall be required to be licensed and to adhere to
				  the regulations as adopted.
1.4 Exception and Severability
If any provision of these regulations, or the application of
				  any provision of these regulations, is determined to be invalid, the
				  determination of invalidity shall not affect any other provision of these
				  regulations or the application of any other provision of these
				  regulations.
1.5 Taxes
The applicant and licensee shall be in good standing with the
				  Vermont Department of Taxes, pursuant to
				  32
				  V.S.A. §
												3113, at all times. Failure to
				  do so shall result in denial or revocation of license.
1.6 Material Misstatements
Any applicant or licensee who makes a material misstatement
				  may be subject to denial of license, monetary fine, suspension and/or
				  revocation of license.
1.7
				Appeals
A person aggrieved by a decision of the licensing agency may
				  file a request for a fair hearing with the Human Services Board as provided in
				  3 V.S.A. §
												3091.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 110 - DEPARTMENT OF DISABILITIES, AGING AND INDEPENDENT LIVING › Chapter 007 - ASSISTED LIVING RESIDENCE LICENSING REGULATIONS › Section 13 110 007 - ASSISTED LIVING RESIDENCE LICENSING REGULATIONS

Current through June, 2024
Section I General
				Provisions
1.1 Introduction. These
				regulations are to be used in conjunction with the Residential Care Home
				Licensing Regulations, which are designed to protect the welfare and rights of
				residents and to ensure that residents receive quality care. The regulations
				also are intended to ensure that homes licensed as assisted living residences
				promote resident individuality, privacy, dignity, self-direction and active
				participation in decision-making.
(a) All
				provisions and requirements of the Residential Care Home Licensing Regulations
				pertaining to Level
				II I homes shall apply to assisted
				living residences unless specifically excepted as set forth in section II
				below.
(b) The intention of the
				Department of Aging and Disabilities is to assist operators of assisted living
				residences to attain and maintain compliance with these regulations.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 110 - DEPARTMENT OF DISABILITIES, AGING AND INDEPENDENT LIVING › Chapter 008 - CHOICES FOR CARE; 1115 LONG-TERM CARE MEDICAID WAIVER REGULATIONS › Section 13 110 008 - CHOICES FOR CARE; 1115 LONG-TERM CARE MEDICAID WAIVER REGULATIONS

Current through June, 2024
Section I Purpose
				and Scope
A. The "Choices for Care" Medicaid
				waiver operates as a Research and Demonstration Project authorized under
				Section 1115(a) of the Social Security Act. This program provides long-term
				care services to elderly or physically disabled Vermont adults who are found
				eligible by the Department of Disabilities, Aging and Independent Living (the
				Department or DAIL). The primary goal of the Choices for Care waiver is to
				provide Vermonters with equal access to either nursing facility care or home
				and community-based services, consistent with their choice. The Choices for
				Care waiver is subject to approval by the Centers for Medicare and Medicaid
				Services (CMS) and is managed in compliance with CMS terms and conditions of
				participation.
B. The Choices for
				Care waiver shall serve the following long-term care financial eligibility
				groups as defined in Vermont Medicaid regulations:
[bullet] Categorically eligible individuals
[bullet] Medically needy individuals
[bullet] Medicaid Working Disabled
C. If an individual selects the Program for
				All-Inclusive Care for the Elderly (PACE), the regulations and procedures
				governing the administration of the PACE program will apply.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 110 - DEPARTMENT OF DISABILITIES, AGING AND INDEPENDENT LIVING › Chapter 009 - RESIDENTIAL CARE HOME LICENSING › Section 13 110 009 - RESIDENTIAL CARE HOME LICENSING

Current through June, 2024
Section I General
				Provisions
1.1 Introduction
The State regulates residential care homes for the dual
				  purposes of protecting the welfare and rights of residents and assuring they
				  receive an appropriate quality of care. Residential care homes provide care to
				  persons unable to live wholly independently but not in need of the level of
				  care and services provided in a nursing home. Toward that end, these
				  regulations are designed to foster personal independence on the part of
				  residents and a home-like environment in the homes.
Residential care homes are licensed as either Level IV or
				  Level III. Both levels must provide room and board, assistance with personal
				  care, general supervision and/or medication management. Level III homes also
				  must provide the additional service of nursing overview.
The intention of the Department of Aging and Disabilities is
				  to assist residential care home providers to attain and maintain compliance
				  with these regulations.
1.2
				Statutory Authority
Residential care homes are subject to the provisions of 33
				  V.S.A. Chapter 71. The Agency of Human Services has designated the Department
				  of Aging and Disabilities, Division of Licensing and Protection, as the
				  licensing and regulatory agency for residential care homes. That statute and
				  the provisions of these regulations guide them in their work.
1.3 Statement of Intent
Upon the effective date of these regulations, all residential
				  care homes in Vermont will be required to adhere to the regulations as
				  adopted.
1.4 Exception and
				Severability
If any provision of these regulations, or the application of
				  any provision of these regulations, is determined to be invalid, the
				  determination of invalidity will not affect any other provision of these
				  regulations or the application of any other provision of these
				  regulations.
1.5 Taxes
The applicant and licensee shall be in good standing with the
				  Vermont Department of Taxes, pursuant to
				  32
				  V.S.A. §
												3113. Failure to do so shall
				  result in denial or revocation of license.
1.6 Material Misstatements
Any applicant or licensee who makes a material misstatement
				  relating to the law or these regulations may be subject to denial of license,
				  monetary fine, suspension and/or revocation of license.
1.7 Appeals
A person aggrieved by a decision of the licensing agency may
				  file a request for a fair hearing with the Human Services Board as provided in
				  3 V.S.A. §
												3091.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 110 - DEPARTMENT OF DISABILITIES, AGING AND INDEPENDENT LIVING › Chapter 010 - DESIGNATION AND OPERATION OF HOME HEALTH AGENCIES › Section 13 110 010 - DESIGNATION AND OPERATION OF HOME HEALTH AGENCIES

Current through June, 2024
Section I General
				Provisions
1.1 Purpose. It is the purpose of
				these rules to implement the laws of the State of Vermont ("State") governing
				the designation, re-designation, and designation revocation of home health
				agencies, and the minimum program standards for home health agencies.
1.2 Policy. It is the policy of the State to
				ensure that, subject to available funding from the State, all Vermont residents
				within the State have access to comprehensive, medically necessary, high
				quality home health services without regard to the patient's ability to pay. It
				is further the policy of the State to ensure that such services are delivered
				in an efficient and cost-effective manner, under a regulatory framework
				designed to control costs while not compromising quality or duplicating
				services.
1.3 Statutory Authority.
				These rules are adopted pursuant to
				33
				V.S.A §
											6303(a).
1.4 Statement of Intent. Upon the effective
				date of these regulations, all home health agencies in Vermont shall be
				required to adhere to the regulations as adopted. Any designated service
				provided under an approved separate entity is also subject to these
				regulations. Services which are not subject to designation include wellness and
				prevention services, clinics, and private duty services.
1.5 Exception and Severability. If any
				provision of these regulations, or the application of any provision of these
				regulations, is determined to be invalid, the determination of invalidity will
				not affect any other provision of these regulations or the application of any
				other provision of these regulations.
1.6 Taxes. All home health agencies in
				Vermont shall be in good standing with the Vermont Department of Taxes,
				pursuant to
				32
				V.S.A. §
											3113. Failure to do so shall
				result in the denial or revocation of designation as a home health
				agency.
1.7 Material Misstatements.
				A material misstatement related to designation, re-designation or the law
				governing home health agencies in Vermont made to the State Survey Agency by a
				home health agency during the designation or re-designation process, or at any
				time during which the home health agency is an agency in Vermont, may result in
				the denial of designation or re-designation, designation revocation or other
				enforcement action.
1.8 Fair
				Hearing. A person or entity aggrieved by a decision of the Division of
				Licensing and Protection's State Survey Agency may file a request for a fair
				hearing with the Human Services Board as provided in
				3 V.S.A. §
											3091.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 110 - DEPARTMENT OF DISABILITIES, AGING AND INDEPENDENT LIVING › Chapter 013 - DISABILITY SERVICES - DEVELOPMENTAL SERVICES › Section 13 110 013 - DISABILITY SERVICES - DEVELOPMENTAL SERVICES

Current through June, 2024
7.100.1.
				Developmental Disabilities Services Purpose and Scope (03/01/2023, GCR 23-024)
(a) The purpose of these regulations is to
				fulfill the requirements of the Developmental Disabilities Act of 1996 (DD Act)
				(18 V.S.A Chapter 204A) to include specific details for implementation of the
				Act. These rules are adopted pursuant to
				18 V.S.A.
				§
											8726.
(b) The Developmental Disabilities Services
				program operates within the State's Global Commitment to Health 1115 Waiver,
				providing long-term services and supports to individuals with developmental
				disabilities.
(c) The Program is
				subject to approval by the Centers for Medicare and Medicaid Services (CMS) and
				is managed in compliance with CMS terms and conditions of
				participation.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 111 - DEPARTMENT OF AGING AND DISABILITIES; DIVISION OF VOCATIONAL REHABILITATION › Chapter 001 - VOCATIONAL REHABILITATION › Section 13 111 001 - VOCATIONAL REHABILITATION

Current through June, 2024
Section 1.1 Purpose
The Vermont Division of Vocational Rehabilitation (Division),
				  Department of Aging & Disabilities, operates a statewide comprehensive,
				  coordinated, effective, efficient, and accountable program which is --
(a) An integral part of a statewide workforce
				investment system; and
(b) Designed
				to assess, plan, develop, and provide vocational rehabilitation services for
				individuals with disabilities, consistent with their strengths, resources,
				priorities, concerns, abilities, capabilities, interests, and informed choice,
				so that they may prepare for and engage in gainful employment.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 120 - ECONOMIC OPPORTUNITY OFFICE › Chapter 001 - REGULATIONS FOR THE VERMONT CHILD CARE LOAN PROGRAM › Section 13 120 001 - REGULATIONS FOR THE VERMONT CHILD CARE LOAN PROGRAM

Current through June, 2024
The Vermont Child Care Loan Program is administered by the
				  State Economic Opportunity Office (SEOO) in cooperation with the Department of
				  Social and Rehabilitation Services, Division of Child Care Services in the
				  Agency of Human Services, Waterbury, Vermont. Loan applications are available
				  at the Child Care Services Division.
Child Care Loan Program Coordinator
Child Care Services Division
103 So. Main Street
Waterbury, Vermont 05676
802 -241-2100
Applications will be mailed on request.
Child Care Loans are to facilitate the development or
				  expansion of child care facilities in Vermont. Child care loans are available
				  to open, renovate, or expand child care facilities. The maximum amount
				  available is $ 2,000 for any registered child care program and $ 10,000 for any
				  licensed child care program. The interest rate is 8 1/2% per year. The term of
				  any loan may not exceed five years.
I.
				To be eligible for a child care loan, an applicant must:
1. be a Vermont resident or a corporation
				incorporated in Vermont.
2. be
				eighteen (18) years or older;
3. be
				licensable or registerable as a child care provider in Vermont or currently
				licensed or registered;
4. have
				insufficient access to conventional sources of credit. Insufficient access
				means:
a. two lending institutions in
				applicant's area must have refused to approve a loan for the proposal submitted
				to Vermont child Care Loan Program or,
b. in the instance that a local lending
				institution approved the loan, the approval was made under conditions that
				would seriously jeopardize the proposal's success or the applicant's financial
				stability;
5. have
				inadequate financial resources to undertake the proposal without loan
				assistance.
6. agree to accept
				referrals of children funded through the Vermont Department of Social and
				Rehabilitation Services Child Care Programs.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 120 - ECONOMIC OPPORTUNITY OFFICE › Chapter 003 - VERMONT WEATHERIZATION TRUST FUND › Section 13 120 003 - VERMONT WEATHERIZATION TRUST FUND

Current through June, 2024
Section 1
Intent It is the intent of the Vermont Weatherization Trust
				  Fund (VWTF) program that all low income Vermonters be eligible to participate
				  in the program regardless of their status as a homeowner or tenant. To that end
				  the program encourages rental property owners to participate while preserving
				  the affordability and availability of rental housing for low income
				  persons.
Section 2 Rent
				Stabilization Agreement
1. All rental property
				owners participating in the program shall complete a Weatherization Program
				Landlord Agreement as approved by the State Office of Economic Opportunity. The
				term of such agreements shall range from 1 - 10 years. The term is to be
				negotiated to provide the maximum benefit to the low-income tenants.
2. Projects which involve the replacement of
				a heating system shall require the Landlord Agreement to extend at least 2
				years.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 005 - OFFENDER GRIEVANCE SYSTEM › Section 13 130 005 - OFFENDER GRIEVANCE SYSTEM

Current through June, 2024
The Department of Corrections is committed to the use of
				  alternative dispute resolution practices that promote problem resolution at the
				  earliest possible level and that draw upon restorative practices for dispute
				  resolution. Ideally, most grievances can be resolved at the lowest and earliest
				  possible level, as a result of good communication between the offender and
				  local departmental employees. However, because informal solutions to grievances
				  are not always possible, the Department of Corrections has a responsibility to
				  maintain formal procedures designed to resolve offender complaints in a timely
				  and consistent manner.
Section 1
				Definitions
Department - The Department of Corrections, its Commissioner
				  or designee
Chain of Command - Line of reporting authority
Grievance - A grievance is a formal written complaint filed
				  by an offender concerning a departmental action, incident, policy or condition
				  which affects that offender.
Emergency Grievance -- A grievance processed by expedited
				  methods to resolve an issue which presents:
(1) a threat of death or injury;
(2) a threat of disruption of facility
				operations; or
(3) a need for
				prompt disposition because the time is lapsing when meaningful action or
				decision is possible.
Informal Complaint - An informal complaint is one that is
				  made orally or in writing to a Department of Corrections staff person whereby
				  an attempt at problem resolution is made prior to the initiation of formal
				  grievance.
Alternative Dispute Resolution - Techniques other than formal
				  appeals or judicial processes that include advanced verbal communication
				  techniques, negotiation, mediation or other practices to resolve a
				  dispute.
Business days - Monday through Friday, excluding weekends and
				  recognized State holidays
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 007 - INMATE ACCESS TO PUBLICATIONS › Section 13 130 007 - INMATE ACCESS TO PUBLICATIONS

Current through June, 2024
Purpose.
The Vermont Department of Corrections (DOC) is responsible
				  for maintaining safety, security, and order at the correctional facilities and
				  providing programs of treatment and rehabilitation for inmates. Publications
				  that contain depictions of nudity or sexually explicit images interfere with
				  its ability to maintain safe, secure, and orderly correctional facilities and
				  to rehabilitate and treat inmates. The purpose of this rule is to establish
				  standards for DOC staff to determine whether inmates shall be denied access to
				  publications because they interfere with DOC's ability to maintain safe,
				  secure, and orderly correctional facilities and to rehabilitate and treat
				  inmates.
Definitions.
As used in this Rule, "nudity" means a pictorial depiction
				  where genitalia, or the areola or nipple of female breasts, are exposed.
As used in this Rule, "publication" means a book, booklet,
				  pamphlet, or similar document, or a single issue of a magazine, periodical,
				  newsletter, newspaper, plus such other materials addressed to a specific inmate
				  such as advertising brochures, flyers, and catalogs.
As used in this Rule, "sexually explicit" means a pictorial
				  depiction of actual or simulated sexual acts, including sexual intercourse,
				  oral sex, or masturbation. Written descriptions of sexual acts are not sexually
				  explicit.
Rule.
GENERAL PUBLICATION GUIDELINES
DOC staff shall not provide inmates with personally-acquired
				  publications of any type.
Inmates may-request and have access to magazines,
				  newspapers, softcover books, and other publications sent directly from
				  publishers or commercial distributors. In addition, inmates may receive:
1. Educational materials, as authorized by a
				staff member of the Community High School of Vermont (CHSVT), related to a
				course or coursework in which the inmate is enrolled;
2. Religious publications provided by the
				facility Volunteer Services Coordinator (VSC) or an approved representative of
				an inmate's faith;
3. Legal texts
				and publications approved by request to the Superintendent or designee;
				and
4. Legal materials, as
				authorized by the Legal Education Director.
Inmates shall not be permitted to have hardcover books, with
				  the exception of educational texts.
ORDERING PUBLICATIONS
Inmates may access publications by making a written request
				  or by having family or friends order them.
1. Inmate requests to order a publication may
				be denied in cases when:
a. The inmate is not
				able to pay for the desired materials;
b. The inmate is not expected to be housed at
				the facility long enough to receive the publication; or
c. The requested materials are prohibited by
				this Rule.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 008 - RESIDENT PUBLICATIONS (983) › Section 13 130 008 - RESIDENT PUBLICATIONS (983)

Current through June, 2024
SUBJECT AREA
EFFECTIVE DATE:
950-999 Civil Rights and Opportunities
UNITS AFFECTED: All Correctional
							 Facilities
INTRODUCTION
Free expression, and the diffusion of pertinent information
				  among residents, staff and the community can be helpful rehabilitative tools.
				  Resident publications such as newspapers, magazines or newsletters may play a
				  positive role in this process. The Department therefore is willing to consider
				  requests for resident publications subject to cost factors and provided
				  specific articles do not pose a threat to security, order and programs.
OBJECTIVES
To provide uniform guidelines for the initial approval to
				  publish and subsequent regulation of resident publications.
GROUP SERVED
All residents and all facilities.
POLICY DESCRIPTION
From time to time, authority to publish resident authored
				  newspapers, newsletters, magazines and similar periodicals is requested. These
				  proposed publications often require State financial support either by direct
				  grants or supervision by Department personnel or both. Uniform guidelines are
				  necessary for the evaluation of requests to publish and ongoing regulation of
				  approved periodicals within the requirements of applicable law.
A. NEW PUBLICATIONS
No new resident newspaper, newsletter, magazine or similar
				  periodical may commence operation without specific written approvel by the
				  Superintendent of the facility concerned and the Commissioner of Corrections. A
				  request for approval to publish shall include at least the following:
1. Name of the proposed publication and a
				description of its purpose and the anticipated readership field.
2. Names of residents proposed as editors or
				chief officers and the method by which replacement editors or officers will be
				chosen.
3. A description of what
				services the proposed publication offers which are not provided by existing
				resident or Department publications.
4. An estimate of cost to the Department of
				the proposed publication, including but not limited to reproduction, materials,
				distribution expenses and time required for employee supervision.
If the Commissioner approves publication, operations may
				  commence subject to the publication guidelines set forth below.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 009 - TELEPHONE USE › Section 13 130 009 - TELEPHONE USE

Current through June, 2024
Section 1 Authority 8 V.S.A. § 1(b)(c),
				102(b)(2), 804
Section 2 Purpose
To provide guidelines for the development of procedures
				  within the correctional system regulating inmates' use of the telephone.
Section 3
				Applicability/Accessibility
This rule is applicable to all individuals and groups
				  affected by the operations of the Vermont Department of Corrections. Anyone may
				  have access to this file.
Section
				4 Definitions
Privileged Communication - Communication made for the purpose
				  of facilitating the rendition of professional legal services to the inmate
				  between the inmate and his/her attorney or his/her attorney's
				  representative.
Section 5
				Introduction
The telephone can provide inmates with a valuable means of
				  communicating with family and friends as well as attorneys, courts and other
				  social agencies. Inmates should be afforded regular opportunities to
				  communicate by telephone with persons in the community. However, inmates'
				  access to the telephone should be provided in a manner which takes into the
				  account the security needs of correctional facilities and protection of victims
				  of crime and the public.
Section
				6 Policy
Inmates should be allowed access to a telephone on a regular
				  basis to place calls with family, friends, attorneys, courts and public
				  officials. Telephone lines should be available for inmates to receive
				  privileged communication calls.
Each inmate will be provided with an individual account which
				  will be required for making telephone calls. Ordinarily the Department will not
				  pay for telephone calls. However, in emergency situations the Superintendent of
				  a facility may, in exercise of his/her discretion, authorize a call by an
				  inmate at the facility's expense if the inmate cannot arrange to pay for
				  it.
Procedures for telephone use should take into account the
				  overall security, order and management requirements of the facility, specific
				  programs and individual inmates. Procedures should also consider facility
				  constraints such as: population, staff, number of telephones, etc.
A. Monitoring of Inmate Telephone
				Conversations
Inmate telephone conversations, with the exception of
				  privileged communications, shall be recorded and may be monitored. Each
				  facility shall ensure that inmates receive advance notice of recording and/or
				  monitoring of their telephone calls through:
1. A recorded message at the beginning of
				each phone call that advises both the inmate and the other party to the call
				that the call is subject to recording and/or monitoring;
2. The Inmate Telephone System Number Request
				Form - A statement that the acceptance of an account and use of inmate
				telephones is deemed as consent to recording and/or monitoring of inmate
				telephone calls.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 012 - VOTING (969) › Section 13 130 012 - VOTING (969)

Current through June, 2024
POLICY
SUBJECT AREA
EFFECTIVE DATE: 2/11/80
960-999 Civil Rights
and Opportunities
UNITS AFFECTED: All Correctional
Facilities
INTRODUCTION
In recent years the emergence and definition of inmate legal
				  and civil rights has accelerated, particularly those rights associated with the
				  Federal Civil Rights Act of 1963. One of the civil rights areas where there has
				  been rapid and fundamental change is the area of voting rights for inmates. The
				  inmate's right to vote will be kept intact.
GROUP SERVED
Correctional Facility staff and residents.
OBJECTIVE
To protect the voting rights of inmates in correctional
				  institutions, and to mandate development of facility procedures for inmate
				  voting.
POLICY DESCRIPTION
Vermont law is quite clear when it indicates that a person
				  who is convicted of a crime shall retain the right to vote by absentee ballot
				  in a primary or election during the term of his commitment to a term of
				  confinement providing that that person otherwise fills all voting
				  requirements.
It is the responsibility of the Superintendent of each
				  correctional facility to ensure that his staff takes the initiative to inform
				  and assist inmates in exercising their right to vote (for example, obtaining
				  absentee ballots.) He shall also develop any necessary procedures for carrying
				  out this right, and ensure that inmates are aware both of their and related
				  procedures.
Vermont statutes forbid inmates to use their place of
				  involuntary confinement as their place of residence for voting, and instead
				  require that such vote be made at their last place of voluntary
				  residence.
Legal References
8 VSA, Sec. 807
Martin Fitzgerald
Commissioner of Corrections (Acting)
Statutory Authority:
				  28
				  V.S.A. §
											809
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 013 - EARNED TIME RULE › Section 13 130 013 - EARNED TIME RULE

Current through June, 2024
I. Authority.
This rule is adopted pursuant to
				  28 V.S.A. §
											818 which states that the Department of
				  Corrections shall implement a program of earned time, and the Vermont
				  Administrative Procedures Act,
				  3 V.S.A. §§
											800
				  et seq.
II. Purpose.
The purpose of this rule is to ensure the earned time program
				  implemented by the Department complies with the standards identified in
				  28 V.S.A. §
											818(b).
III. Program.
A. Definitions
1.
Month:
is defined as a calendar unit of 28-31 days, proration of which will be
				determined through the Department of Corrections' Sentence Computation
				Unit.
2.
Proration:
is the method used to determine
				earned time for eligible offenders who are incarcerated for a portion of the
				month. Proration is applied only for offenders who begin their sentences part
				way through the month.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 019 - OFFENDER WORK PROGRAMS FOR THE PUBLIC GOOD › Section 13 130 019 - OFFENDER WORK PROGRAMS FOR THE PUBLIC GOOD

Current through June, 2024
FINAL PROPOSED OFFENDER WORK PROGRAM RULE
SUBJECT: Offender Work Programs for the Public Good
NUMBER:
SIGNATURES:
DATES: October 8, 1996
Section
				I AUTHORITY
V.S.A. , Title 28, Sections
				  1,
				  751 and 752.
Section II
				PURPOSE
This policy defines the nature, role and purpose of Offender
				  Work Programs within the Department of Corrections. It identifies the limited
				  markets for goods and services that exist for Offender Work Programs and
				  establishes the criteria for the use of offender labor funds used by Offender
				  Work Programs involving sentenced populations housed inside correctional
				  facilities as well as those sentenced populations housed in the
				  community.
Section III
				APPLICABILITY/ACCESSIBILITY
All individuals and entities affected by the operations of
				  the Department of Corrections. Anyone may have a copy of this policy.
Section IV DEFINITIONS
A. Offender - Any person convicted of a crime
				or offense under the laws of the state.
B. Offender Work Programs - Any work activity
				or program managed by the Department of Corrections which governs offender
				labor.
C. Offender Labor - Assigned
				Offender Work Program labor performed by offenders either inside secure
				facilities or within the community while under the custody of the
				Commissioner.
D. Limited Markets -
				The markets to which the sale of offender produced goods or services are
				limited by state statute, those being to the federal government, to any state
				or subdivision of the state, or to any nonprofit organization which is exempt
				from federal or state income taxation, subject to federal law, to the laws of
				the recipient state and to the rules of the department.
E. Public Good - Overall benefit to the
				interests and well being of the citizens of the state in light of all the
				social and economic costs and benefits.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 020 - ACCESS TO TREATMENT PENDING APPEAL #365 › Section 13 130 020 - ACCESS TO TREATMENT PENDING APPEAL #365

Current through June, 2024
28 V.S.A., Chapter 3, Sections 101-102, Chapter 9, Section
				  601; Chapter 11, Section
				  903.
PURPOSE
The purpose of this rule is to ensure that inmates have
				  access to treatment programs regardless of the status of an appeal of the
				  criminal conviction.
APPLICABILITY/ACCESSIBILITY
All individuals and groups affected by the operations of the
				  Department of Corrections. Anyone may have a copy of this policy.
DEFINITION
Inmate -- An individual in physical custody in a confinement
				  facility.
POLICY
Inmates shall be afforded the opportunity to participate in
				  treatment programs while they have criminal convictions under appeal.
				  Treatment, assessment, evaluation, screening and 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 them in any such action. All decisions regarding treatment,
				  including development of treatment strategy, denial of treatment, or changes in
				  treatment methodology will be based on the inmate's behavior, prior history of
				  behavior, the circumstances of the current offense(s) and attitudes toward
				  on-going treatment including bt not limited to oral or written statements to
				  treatment providers concerning personal responsibility for the current
				  offense(s).
While an inmate's appeal is pending, no statements by the
				  inmate during treatment, assessment, evaluation, screening and programming
				  concerning the offense(s) in question, will be disclosed to anyone for purposes
				  that would potentially adversely affect the inamte's appeal. Further, no
				  statements and the fruits if such statements made by the unmate during
				  treatment concerning the offense(s) in question may, while the inamte is taking
				  any direct or collateral appeal of such criminal conviction(s), be used at a
				  subsequent criminal proceeding.
The Director of Program Services/designee shall insure that
				  directives are promulgated that will carry out this policy.
REFERENCES
28 V.S.A.
				  Section 903, Department of Corrections Policy
				  #254 Access of Offender Information and Policy #255 Reporting of Offender
				  Information.
Statutory Authority:
				  28 V.S.A.
				  §
											903
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 021 - OUT OF STATE TRANSFER › Section 13 130 021 - OUT OF STATE TRANSFER

Current through June, 2024
DEPARTMENT OF CORRECTIONS AGENCY OF HUMAN SERVICES STATE OF
				  VERMONT
NUMBER
314 POCICY
DIRECTIVE
PROCEDURE
SUBJECT
EFFECTIVE DATE
REVIEMED AND RE-ISSUED
SUPERSEDES
OUT OF STATE TRANSFERS (314)
RECOMMENDED FOR APPROVAC BY:
AUTHORITED BY:
SIGNATURE
SIGNATURE
AUTHORITY
This policy is authorized by Title 28, Chapter 3, Section
				  102(b)(5)
				  and
				  102(b)(11).
				  This supersedes Vermont Department of Corrections Policy 891, dated 4/10/92 and
				  Policy 314, dated 11/14/94.
PURPOSE
The purpose of this policy is to delineate the process by the
				  Commissioner of Corrections to transfer inmates to facilities out of the state
				  of Vermont.
APPLICABILITY/ACCESSIBILITY
This policy articulates the process by which the Commissioner
				  of Corrections transfers inmates from Vermont to facilities outside of Vermont.
				  Anyone may access this policy.
POLICY STATEMENT
It shall be the policy of the Vermont Department of
				  Corrections to transfer inmates from Vermont correctional facilities to
				  facilities outside the State of Vermont when either the best interests of the
				  inmate or the department so dictate. Examples of those interests include but
				  are not limited to the degree of security or protective custody necessary for
				  an individual, or the existence of specialized treatment programs or
				  facilities, an individual's voluntary request to be transferred or the
				  necessity for supplemental housing.
The Vermont Department of Corrections shall follow, where
				  applicable, the processes of agreements to which it is party, such as The
				  Interstate Corrections Compact, or the New England Corrections Compact. In all
				  other cases, the Department shall enter into a written agreement with the
				  applicable federal, state, county or municipal entity.
Inmates in Vermont correctional facilities, who are citizens
				  of foreign countries, may be transferred to their own countries in accordance
				  with the requirements of federal and state law.
REFERENCES
Title 28, V.S.A., Chapter 3, Sections
				  102(c)(11);
				  701(b); 706.
DRAFT PARTICIPANTS
This policy was drafted by William R. Anderson, Security and
				  Supervision, (802) 241-2271.
Statutory Authority: 28
				  V.S.A. Chapter 3 §
										102(5)(11)
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 022 - USE OF A PRIVATE COLLECTION AGENCY FOR THE COLLECTION OF FEES, FINES, AND RESTITUTION AND FOR ADMINISTRATIVE SERVICING OF SOME CASES › Section 13 130 022 - USE OF A PRIVATE COLLECTION AGENCY FOR THE COLLECTION OF FEES, FINES, AND RESTITUTION AND FOR ADMINISTRATIVE SERVICING OF SOME CASES

Current through June, 2024
Authority:
				  28
				  V.S.A. §
										102(b)(12)
Rule: The Commissioner of the Department of Corrections (DOC)
				  may choose to contract with a private collection agency to collect from inmates
				  and offenders: supervisory fees imposed by Title 28, fines, penalties, and
				  restitution imposed under Title 13. Generally, the DOC Central Business Office
				  shall maintain a database of offender supervisory fees imposed by Title 28, and
				  fines, penalties, and restitution imposed under Title 13, as well as provide
				  offenders the information on where and how to submit payment to the DOC. The
				  DOC Central Business Office shall also rely on the State tax offset program to
				  recover outstanding de9ts. While DOC does not intend to regularly use the
				  services of a private collection agency, the DOC reserves the right to do
				  so.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 028 - GRADUATED SANCTION GUIDELINES FOR PROBATION VIOLATIONS › Section 13 130 028 - GRADUATED SANCTION GUIDELINES FOR PROBATION VIOLATIONS

Current through June, 2024
Authority.
This rule is adopted pursuant to
				  28 V.S.A.
				  §§
										256(b),
				  304(e),
				  and
				  1162(b)(2).
Purpose.
This rule establishes graduated sanction guidelines for
				  probation violations as an alternative to arrest, revocation, and imposition of
				  the original sentence.
Definitions.
As used in this Rule, "technical violation" means a
				  probationer's or youthful offender's violation of a court-ordered condition of
				  probation, other than a condition that the probationer pay restitution to the
				  Department of Corrections (DOC) or a violation which constitutes a new
				  crime.
As used in this Rule, "graduated sanction" means a
				  community-based intervention imposed by DOC in response to a probationer's or
				  youthful offender's technical violation in lieu of incarceration.
Graduated Sanctions.
Applicability
1. DOC may impose graduated sanctions for
				technical violations in lieu of filing a probation violation complaint for:
a. Adult offenders on probation;
				and
b. Youthful offenders on
				probation, when authorized by the court.
Code of Vermont Rules › Agency 13 - AGENCY OF HUMAN SERVICES › Sub-Agency 130 - DEPARTMENT OF CORRECTIONS › Chapter 029 - TERM PROBATION MIDPOINT REVIEW › Section 13 130 029 - TERM PROBATION MIDPOINT REVIEW

Current through June, 2024
Section 1 Authority
8 V.S.A. § 252(b) and (d)
Section 2 Purpose
The purpose of this administrative rule is to set forth a
				  midpoint review process for offender probation cases with a specified
				  term.
Section 3 Definitions
Commissioner: Commissioner of Corrections (DOC).
Probation: A suspended or deferred sentence imposed by a
				  court under which an offender found guilty of a crime upon verdict or plea is
				  subject to conditions imposed by the court and placed under supervision of the
				  Commissioner of Corrections.
Term Probation: A form of suspended or deferred probation
				  where the court has specified an expiration date in a probation warrant.
Section 4 Term Probation Midpoint
				Review
The Department of Corrections shall establish a system for
				  determining the midpoint, less one (1) month, for all offenders with a term
				  probation sentence. At the midpoint less one (1) month of any individual's term
				  of probation, the Department shall evaluate the individual's progress toward
				  meeting standard and special conditions of probation as ordered by the Court
				  and take one (1) of the following actions:
a. If the offender has satisfied all
				conditions (both standard and special) of probation, and there are no public
				safety or victim safety issues, the Department may petition the Court for
				discharge from probation.
b. If all
				standard conditions have been fully satisfied, and the individual on probation
				has completed at least one (1) special condition of probation and there are no
				public safety or victim safety issues, the Department may petition the Court
				for a reduction of the term of probation.
c. The Department may continue the
				probationer on probation if the offender has not completed any of the Court
				requirements but is continuing to make progress toward their completion.
Any decision to make or refrain from making a motion pursuant
				  to section 252(d) shall be made at the sole discretion of the commissioner and
				  shall not be subject to appeal. All decisions are final, not reviewable, and
				  not subject to challenge.