The Vermont Statutes Online

Title 28: Public Institutions and Corrections

Chapter 003: Administration of the Department

• § 101. Powers of the Department

  The Department is charged with the following powers:

  (1) to establish, maintain, and administer such State correctional facilities and programs as may be required for the custody, control, correctional treatment, and rehabilitation of committed persons, and for the safekeeping of such other persons as may be committed to the Department in accordance with law;

  (2) to operate diagnostic and treatment programs and such other programs deemed desirable to treat persons committed to the Department and to further other purposes and objectives of this title;

  (3) to administer the supervision of persons placed on probation and released on parole and to administer probation and parole services;

  (4) to employ such officers, employees and agents as deemed necessary to discharge the functions of the Department;

  (5) to establish standards for the management, operation, personnel, and program of all correctional facilities in the State;

  (6) to act in an advisory capacity in assisting law enforcement agencies, and communities in the prevention of crime and delinquency;

  (7) to enforce and administer such other laws as may be vested in the Department;

  (8) to enter into agreements for assistance in support of the operation of jails or lockups in accordance with criteria established by the Department, and to use the jails or lockups as provided in this title;

  (9) notwithstanding any other provision of law, the State and the Department shall not be responsible for the expense of detaining a person in custody except as provided in this title;

  (10) to charter, establish, and fund through grants such municipal entities or nonprofit organizations as may be required for providing crime prevention and restorative justice programs for offenders, victims of crime, and the public. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1981, No. 185 (Adj. Sess.), § 1, eff. April 22, 1982; 1997, No. 147 (Adj. Sess.), § 106b; 1999, No. 148 (Adj. Sess.), § 64, eff. May 24, 2000.)

• § 102. Commissioner of Corrections; appointment; powers; responsibilities

  (a) The Department is under the direction of the Commissioner, who shall be appointed by the Secretary of Human Services with the approval of the Governor and shall serve at the pleasure of the Secretary. The Commissioner’s salary shall be fixed by the Governor within the appropriation for that purpose.

  (b) The Commissioner is charged with the following powers:

  (1) To supervise the administration of the Department.

  (2) To exercise supervisory power over and to establish and administer programs and policies for the operation of the correctional facilities of the Department and for the correctional treatment of persons committed to the custody of the Commissioner.

  (3) To appoint and remove a Deputy Commissioner as provided in 3 V.S.A. § 3053 and delegate appropriate powers and duties to the Deputy.

  (4) To appoint and remove subordinate officers of the Department in accordance with law, and, notwithstanding the provisions of any other statute or law, to delegate any authority conferred on him or her by statute to any designee named by him or her in writing.

  (5) To order the assignment and transfer of persons committed to the custody of the Commissioner to correctional facilities, including out-of-state facilities.

  (6) To establish, consolidate, or abolish divisions within the Department and to establish, consolidate, or abolish bureaus, special units, and other subdivisions in any division.

  (7) To accept and receive, on behalf of the Department or any facility thereof, any bequest or gift of personal or real property made to the Department or any facility thereof and to hold and use the property for the purposes specified in such bequest, devise, or gift.

  (8) To cooperate with and accept funds from the federal government or any agency thereof for the purpose of exercising the powers and responsibilities stated in this section.

  (9) To conduct any necessary inquiry or investigation into matters related to correctional programs and responsibilities of the Department.

  (10) To utilize the resources of the Department to apprehend any person escaping from a correctional facility. In performing such function, the Commissioner and any authorized employee of the Department shall have all the power and authority of a law enforcement officer.

  (11) To contract for services or purchase, lease, or rent personal property to carry out the functions of the Department and to lease or rent month to month residential housing for community-based probation and parole programs. All other real property required by corrections programs shall be purchased, leased, or rented by the Commissioner of Buildings and General Services.

  (12) To enter into contracts with private collection agencies for the collection of supervisory fees imposed by this title and fines, penalties, and restitution imposed under Title 13. The Commissioner may agree to pay collection agencies a fixed rate for services rendered or a percentage of the amount collected that shall be added to any amounts and may be recovered as an administrative cost of collection. Any such fixed rate or percentage may be deducted directly by the collection agency on a pro rata basis from any portion of the money so collected.

  (13) To establish community reparative boards pursuant to chapter 12 of this title.

  (14) To delegate to locally established boards or justice centers, the authority to assist, through use of community resources, in developing and implementing restorative justice programs for offenders, victims of crime, and members of the community.

  (15) To rely upon the expertise of Department employees to provide core and substantive supervision of offenders and risk assessment determinations for the delivery of correctional services in both residential and nonresidential settings.

  (16) With the approval of the Secretary of Human Services, to accept federal grants made available through federal crime bill legislation, provided that the Commissioner shall report the receipt of a grant under this subdivision to the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions.

  (c) The Commissioner is charged with the following responsibilities:

  (1) To make rules and regulations for the governing and treatment of persons committed to the custody of the Commissioner, the administration of correctional facilities, and the regulation of employees under the jurisdiction of the Commissioner.

  (2) To establish and operate correctional diagnostic centers.

  (3) To establish and maintain at each correctional facility a program of treatment designed as far as practicable to prepare and assist each inmate to assume his or her responsibilities and to participate as a citizen of the State and community.

  (4) To establish facilities and develop programs to provide inmates at correctional facilities with such educational and vocational training deemed to be appropriate to the treatment of the inmates.

  (5) To prescribe rules and regulations for the maintenance of discipline and control at each correctional facility.

  (6) To maintain security, safety, and order at the correctional facilities and act to subdue any disorder, riot, or insurrection that may occur at any facility. The Commissioner, for such purpose, may enlist the assistance of any citizen of the State and shall have the obligation to render reasonable compensation to any person providing such assistance.

  (7) To establish, maintain, and administer such regional or other community correctional facilities as are necessary for the confinement and treatment of inmates either before or after the conviction of any offense and to use the jails and lockups as provided in this title. Such facilities shall be used for the confinement of persons awaiting court disposition and the confinement of inmates serving short terms and such other inmates as may be assigned to such facilities for furloughs, work release, and other prerelease treatment.

  (8) To establish in any appropriate correctional facility a system of classification of inmates, to establish a program for each inmate upon his or her commitment to the facility and to review the program of each inmate at regular intervals, and to effect necessary and desirable changes in the inmate’s program of treatment.

  (9) To develop and maintain research programs and collect statistical information concerning persons committed to the custody of the Commissioner, sentencing practices, and correctional treatment.

  (10) To inspect at regular intervals all correctional facilities.

  (11) To close any correctional facility that he or she deems inadequate.

  (12) To establish training programs for new employees and to establish such in-service training programs as he or she deems advisable.

  (13) [Repealed.]

  (14) To collect a fee up to the amount of $30.00 per month as a supervisory fee from each person under the supervision of the Department who is on probation, furlough, pre-approved furlough, supervised community sentence, or parole. Supervisory fees collected by the Department shall be credited to a special supervision and victim restitution fund, established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, for this purpose. The Commissioner shall adopt rules governing the collection of supervisory fees, including the maximum period of time offenders are subject to supervision fees and the offender’s ability to pay such fees.

  (15) To lease farms or lands, with the approval of the Department of Buildings and General Services in accordance with 29 V.S.A. § 160, and to administer and manage such farms.

  (16) To exercise all powers and perform all duties established in the Office of Commissioner by the Agency of Human Services and stated in 3 V.S.A. §§ 3052 and 3053.

  (17) To exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities and in fulfilling the purposes and objectives of this title.

  (18) To establish within the Department programs for inmates to participate in work, industry, community service, public works activities, and employment at correctional facilities.

  (19) If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of a convicted and sentenced offender to the country of which the offender is a citizen or national, the Commissioner may, with the written consent of such offender obtained only after the opportunity to consult with counsel, and in accordance with the terms of the treaty, consent to the transfer or exchange of any such offender and take any other action necessary to initiate the participation of the State in the treaty.

  (20) To utilize the Department of Buildings and General Services’ competitive bidding practices in order to determine the most effective and cost-effective alternatives for housing inmates in any out-of-state correctional facility.

  (21) The Commissioner is authorized to contract for payment processing services for receiving deposits to inmate financial accounts. The Department, directly or through a processing agent, may assess a fee for deposits to each account so long as the fee does not exceed the costs incurred.

  (22) To notify local and State law enforcement officers of the following information regarding a person released from incarceration on probation, parole, or furlough and residing in the community: name; address; conditions imposed by the court, parole board, or Commissioner; and the reason for placing the person in that community.

  [Subdivision (c)(23) effective until July 1, 2028.]

  (23) To include the Coordinated Justice Reform Advisory Council’s appropriation recommendations made pursuant to subdivision 126(c)(5) of this title in the Department’s annual proposed budget for the next subsequent fiscal year for the purposes of developing the State budget required to be submitted to the General Assembly in accordance with 32 V.S.A. § 306. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 1; 1977, No. 233 (Adj. Sess.), § 5a, eff. April 17, 1978; 1981, No. 185 (Adj. Sess.), § 2, eff. April 22, 1982; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1993, No. 54, § 1; 1995, No. 178 (Adj. Sess.), § 116; 1995, No. 185 (Adj. Sess.), § 47, eff. May 22, 1996; 1995, No. 186 (Adj. Sess.), § 34; 1997, No. 155 (Adj. Sess.), §§ 15, 16; 1999, No. 148 (Adj. Sess.), § 65, eff. May 24, 2000; 2001, No. 65, § 10, eff. June 16, 2001; 2001, No. 142 (Adj. Sess.), § 170; 2001, No. 149 (Adj. Sess.), § 43, eff. June 27, 2002; 2005, No. 177 (Adj. Sess.), § 3; 2007, No. 76, § 33d; 2007, No. 179 (Adj. Sess.), § 2; 2009, No. 33, § 48; 2009, No. 43, § 34; 2009, No. 157 (Adj. Sess.), § 17a; 2011, No. 139 (Adj. Sess.), § 21, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 167; 2023, No. 40, § 3, eff. July 1, 2023; 2023, No. 40, § 4(a), eff. July 1, 2028; 2023, No. 161 (Adj. Sess.), § 34, eff. June 6, 2024.)

• § 103. Inquiries and investigations into the administration of the Department

  (a) The Commissioner at all times shall have unlimited access to all correctional facilities and to all records and books at the facilities, and may conduct inquiries and investigations concerning all matters under his or her jurisdiction.

  (b) The Commissioner may seek the cooperation of any judge, prosecuting officer, sheriff, police officer, or other court or law enforcement official or employee possessing information relating to an inquiry or investigation conducted in accordance with subsection (a) of this section.

  (c) In any inquiry or investigation conducted by the Commissioner, he or she shall have the same powers as are possessed by Superior Court judges in chambers, and which shall include the power to:

  (1) administer oaths;

  (2) compel the attendance of witnesses; and

  (3) compel the production of documentary evidence.

  (d) If any person disobeys any lawful order or subpoena issued by the Commissioner pursuant to this section or refuses to testify to any matter regarding which he or she may be questioned lawfully, any Superior Court judge, upon application by the Commissioner, shall order the obedience of the person in the same manner as if the person had disobeyed an order or subpoena of the Superior Court judge.

  (e) The fees and traveling expenses of witnesses shall be the same as are allowed witnesses in the Superior Courts of the State and shall be reimbursed by the Commissioner out of any appropriation or funds at the disposal of the Department. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 185.)

• § 104. Notification of community placements

  (a) The Department shall provide notice when appropriate and at the Department’s sole discretion to affected State, county, and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community whenever an offender is released under furlough after serving a sentence of incarceration in a correctional facility. The notice may include the offender’s name and any aliases, a recent photograph and physical description, community placement address, criminal history, current offense or offenses, and home address, plus a description and license number of any motor vehicle used by the offender, and the name, address, and telephone number of the correctional entity supervising the offender.

  (b) The Department shall provide notice to affected State, county, and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community, at the point at which the Department has made arrangements to house in any apartment, duplex, or other kind of housing three or more offenders. If the housing concerned was not previously used to house offenders, such notice shall be given at least 15 days prior to placing any offender in such housing. If the housing concerned had previously housed one or two offenders only, such notice shall be given at least 15 days prior to placing a third offender in such housing.

  (c) The Commissioner shall not implement this section until rules for doing so have been adopted. Such rules shall be adopted not later than September 1, 1999 through use of emergency rule-making procedures, if necessary.

  (d) [Repealed.]

  (e) The Commissioner of Corrections shall annually, by January 15, report to the House Committee on Corrections and Institutions and the Senate Committee on Institutions on the implementation of this section during the previous 12 months. (Added 1999, No. 29, § 56, eff. May 19, 1999; amended 1999, No. 148 (Adj. Sess.), § 69, eff. May 24, 2000; 2011, No. 139 (Adj. Sess.), § 22, eff. May 14, 2012.)

• § 105. Caseload capacity

  (a) Corrections officers designated to work exclusively with offenders in the community who are 21 years of age and younger shall have caseloads of not more than 25 youths.

  (b) The Department shall review the severity of offenses and assess the risk to reoffend of all offenders older than 21 years of age under its jurisdiction in the community and assign one of the following levels of supervision to each offender:

  (1) Risk management supervision, which shall mean supervision at a level of intensity that includes case planning and measures to reduce risk of reoffense.

  (2) Response supervision, which shall mean monitoring of the offender’s compliance with conditions of probation or parole, including staff responding to violation behavior.

  (3) Administrative supervision, which shall mean monitoring of the offender’s address and compliance with the law.

  (c) An offender may be reassigned to a lower supervision level after a reassessment of the offender’s risk.

  (d) The Department shall establish the following caseload ranges for offender profiles:

  (1) All listed offenders requiring risk management shall be supervised at not more than 45 offenders per corrections officer.

  (2) All nonlisted offenders requiring risk management shall be supervised at not more than 60 offenders per corrections officer.

  (3) All offenders requiring response supervision shall be supervised at not more than 150 offenders per corrections officer.

  (4) All offenders requiring administrative supervision may be supervised on caseloads consistent with the capacity of automated status reporting systems as established by the Department.

  (5) When there is a mixed profile caseload in which a single corrections officer supervises offenders with different supervision levels and at least one-third of the offenders require a more intensive supervision demand than the other offenders, the caseload shall be supervised at the lowest level of offender-to-staff ratio.

  (e) If the caseloads established in subsection (d) of this section are exceeded for longer than 120 days, the Commissioner shall be authorized to designate community correctional officers to partially augment staffing caseloads. If such designation does not remedy the excess caseloads:

  (1) The Commissioner shall report to the Joint Legislative Justice Oversight Committee the causes for the excess and proposals for addressing them.

  (2) The Department shall have the authority, if the Commissioner believes that the excess will not be eliminated within 60 days, to hire persons from the positions drawn from the State’s vacancy pool as limited service employees for an initial period of up to one year. The initial period may be extended for up to two more years if the Department deems it necessary.

  (f) Each time a position is established under subdivision (e)(2) of this section, the Commissioner shall report it at the next meeting of the Joint Corrections Oversight Committee. The costs for each position shall be presented in the Department’s budget adjustment proposal and, if the positions are necessary for an ongoing period, in the Department’s annual budget request. (Added 2007, No. 179 (Adj. Sess.), § 6; amended 2019, No. 131 (Adj. Sess.), § 281.)

• § 106. Systems approach to community supervision of sex offenders

  (a) The Department of Corrections shall establish a comprehensive systems approach to the management of sex offenders, which employs longer and more intensive community supervision of high-risk sex offenders. To accomplish this, the Department shall employ probation officers with training in the management of sex offenders sufficient to provide intensive community supervision and may use polygraph tests and prerelease and post incarceration treatment to promote rehabilitation.

  (b) The Department shall create multidisciplinary case management teams, each involving as appropriate a probation or parole officer with training in supervision of sex offenders, a treatment provider, a victim’s advocate, a representative of the Department for Children and Families, and a forensic polygraph examiner. These professionals shall collaborate, prioritizing community safety and the protection of former victims, and shall participate and cooperate in compliance with 13 V.S.A. § 5415 with the local special investigation unit. These teams shall address the specific treatment and supervision needs of a particular offender to enhance protection of the public, to assist that offender in reintegrating safely into the community, to support and protect known victims, and to respond to any new concerns about risk of reoffense.

  (c) The Department of Corrections shall designate and train probation and parole officers in each district office to supervise sex offenders, to provide consistent and intensive case management, and to impose and enforce conditions uniquely suited to aiding the offenders’ reintegration into the community. These officers shall not have a caseload of more than 45 offenders, except that a mixed caseload shall be managed pursuant to subdivision 105(d)(5) of this title. (Added 2009, No. 1, § 42.)

• § 107. Offender and inmate records; confidentiality; exceptions; corrections

  (a)(1) The Commissioner shall adopt a rule pursuant to 3 V.S.A. chapter 25 defining what are “offender and inmate records” produced or acquired by the Department.

  (2) As used in this section, the phrase “offender and inmate records” means the records defined under the rule required under subdivision (1) of this subsection.

  (b) Offender and inmate records are exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that the Department:

  (1) Shall release or permit inspection of such records if required under federal or State law, including 42 U.S.C. §§ 10805 and 10806 (Protection and Advocacy Systems).

  (2) Shall release or permit inspection of such records pursuant to a court order for good cause shown or, in the case of an offender or inmate seeking records relating to him or her in litigation, in accordance with discovery rules.

  (3) Shall release or permit inspection of such records to a State or federal prosecutor as part of a criminal investigation pursuant to a court order issued ex parte if the court finds that the records may be relevant to the investigation. The information in the records may be used for any lawful purpose but shall not otherwise be made public.

  (4) Shall release or permit inspection of such records to the Department for Children and Families for the purpose of child protection, unless otherwise prohibited by law.

  (5) Shall release or permit inspection of specific categories or types of offender and inmate records to specific persons, or to any person, in accordance with a rule that the Commissioner shall adopt pursuant to 3 V.S.A. chapter 25, provided that the Commissioner shall redact any information that may compromise the safety of any person, or that is required by law to be redacted, prior to releasing or permitting inspection of such records under the rule. The rule shall provide for disclosure of a category or type of record in either of the following circumstances:

  (A) when the public interest served by disclosure outweighs the privacy, security, or other interest in keeping the record confidential; or

  (B) in order to provide an offender or inmate access to offender and inmate records relating to him or her, unless:

  (i) the category or type of record is confidential or exempt from disclosure under a law other than this section;

  (ii) providing access would unreasonably interfere with the Department’s ability to perform its functions, including unreasonable interference due to the staff time or other cost associated with providing a category or type of record; or

  (iii) providing access may compromise the health, safety, security, or rehabilitation of the offender or inmate or of another person.

  (c)(1) Unless otherwise provided in this section or required by law, the rule required under subdivision (b)(5) of this section:

  (A) shall specify the categories or types of records to be disclosed and to whom they are to be disclosed, and shall not provide for any exceptions to disclosure of records that fall within these categories or types except for redactions required by law;

  (B) shall specify which categories or types of records relating to an offender or inmate shall be provided to the offender or inmate as a matter of course and which shall be provided only upon request;

  (C) may limit the offender’s or inmate’s access to include only records produced or acquired in the year preceding the date of the request;

  (D) may limit the number of requests by an offender or inmate that will be fulfilled per calendar year, provided that the Department fulfills at least two requests by the offender or inmate per calendar year excluding any release of records ordered by a court;

  (E) may specify circumstances when an offender’s or inmate’s right of access will be limited to an inspection overseen by an agent or employee of the Department;

  (F) may provide that the Department has no obligation to provide an offender or inmate a record previously provided if he or she still has access to the record; and

  (G) shall reflect the Department’s obligation not to withhold a record in its entirety on the basis that it contains some confidential or exempt content, to redact such content, and to make the redacted record available.

  (2) The Department shall provide records available to an offender or inmate under the rule free of charge, except that if the offender or inmate is responsible for the loss or destruction of a record previously provided, the Department may charge him or her for a replacement copy at $0.01 per page.

  (d) Notwithstanding the provisions of 1 V.S.A. chapter 5, subchapter 3 (Public Records Act) that govern the time periods for a public agency to respond to a request for a public record and rights of appeal, the Commissioner shall adopt a rule pursuant to 3 V.S.A. chapter 25 governing response and appeal periods and appeal rights in connection with a request by an offender or inmate to access records relating to him or her maintained by the Department. The rule shall provide for a final exhaustion of administrative appeals not later than 45 days from the Department’s receipt of the initial request.

  (e) An offender or inmate may request that the Department correct a fact in a record maintained by the Department that is material to his or her rights or status, except for a determination of fact that resulted from a hearing or other proceeding that afforded the offender or inmate notice and opportunity to be heard on the determination. The rule required under subsection (d) of this section shall reference that requests for such corrections are handled in accordance with the Department’s grievance process. If the Department issues a final decision denying a request under this subsection, the offender or inmate may appeal the decision to the Civil Division of the Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure. The court shall not set aside the Department’s decision unless it is clearly erroneous. (Added 2015, No. 137 (Adj. Sess.), § 5, eff. May 25, 2016; amended 2017, No. 192 (Adj. Sess.), § 1, eff. May 30, 2018.)

• §§ 108-119. [Reserved for future use.]

• § 120. Department of Corrections education program; independent school

  (a) Authority. An education program is established within the Department of Corrections for the education of persons who have not completed secondary education or are assessed to have a moderate-to-high criminogenic need by one or more corrections risk assessments and who are committed to the custody of the Commissioner.

  (b) Applicability of education provisions. The education program shall be approved by the State Board of Education as an independent school under 16 V.S.A. § 166, and shall be coordinated with adult education, special education, and career technical education.

  (c) Program supervision. The Commissioner of Corrections shall appoint a licensed administrator under 16 V.S.A. chapter 51 to serve as the Headmaster of Correction Education and coordinate use of other education programs by persons under the supervision of the Commissioner.

  (d) Curriculum. The education program shall offer a minimum course of study, as defined in 16 V.S.A. § 906, and special education programs in accordance with the program description used for independent school approval.

  (e) [Repealed.]

  (f) Reimbursement payments. The provision of 16 V.S.A. § 4012, relating to payment for State-placed students, shall not apply to the Corrections education program.

  (g) [Repealed.]

  (h) Required participation. All persons under the custody of the Commissioner who are under 23 years of age and have not received a high school diploma, or are assessed to have a moderate-to-high criminogenic need and are within 24 months of reentry shall participate in an education program. The Commissioner may approve the participation of other students, including individuals who are enrolled in an alternative justice or diversion program. (Added 1987, No. 207 (Adj. Sess.), § 2; amended 1991, No. 204 (Adj. Sess.), § 11; 1997, No. 84 (Adj. Sess.), § 1; 2001, No. 149 (Adj. Sess.), §§ 38, 39, eff. June 27, 2002; 2007, No. 64, § 4; 2007, No. 192 (Adj. Sess.), § 6.030; 2011, No. 63, § E.337; 2011, No. 88 (Adj. Sess.), § 1, eff. April 25, 2012; 2013, No. 92 (Adj. Sess.), § 302, eff. Feb. 14, 2014; 2015, No. 23, § 29; 2015, No. 58, § E.337; 2015, No. 172 (Adj. Sess.), § E.337; 2019, No. 131 (Adj. Sess.), § 282.)

• § 121. Community High School of Vermont Board

  (a) A board is established for the purpose of advising the Director of Corrections Education when serving as the Superintendent of the Community High School of Vermont, the independent school established in section 120 of this title. The Board shall have supervision over policy formation for the Community High School of Vermont, except as otherwise provided, shall recommend school policy to the Director of Corrections Education, may create a structure for local advisory boards as it deems appropriate, and shall perform such other duties as requested from time to time by the Secretary of Education or Commissioner of Corrections.

  (b) The Board shall consist of nine members, each appointed by the Governor for a three-year term subject to the advice and consent of the Senate, in such a manner that not more than three terms shall expire annually, as follows:

  (1) Six representatives selected to ensure geographic representation throughout the State.

  (2) Three members-at-large.

  (c) The Board shall appoint a Chair and Vice Chair, each of whom shall serve for one year or until a successor is appointed by the Board.

  (d) The Board shall report on its activities annually to the State Board of Education, the Secretary of Human Services, and the Commissioner of Corrections.

  (e) The Commissioner shall consult with the Board prior to appointing the Director of Corrections Education. (Added 2001, No. 149 (Adj. Sess.), § 36, eff. June 27, 2002; amended 2011, No. 88 (Adj. Sess.), § 2, eff. April 25, 2012; 2013, No. 92 (Adj. Sess.), § 279, eff. Feb. 14, 2014.)

• § 122. Contracting for programming and services

  For the purpose of securing programming and services for offenders, the Department of Corrections shall publicly advertise or invite three or more bids. The contract for any such programming and services shall be awarded to one of the three lowest responsible bidders, conforming to specification, with consideration being given to the time required for provision of services, the purpose for which it is required, competency and responsibility of bidder, and his or her ability to render satisfactory services; but the Commissioner with the approval of the Secretary of Human Services shall have the right to reject any and all bids and to invite other bids. (Added 2011, No. 41, § 11a.)

• § 123. Department of Corrections Monitoring Commission [Repealed effective July 1, 2025]

  (a) Creation. There is created the Corrections Monitoring Commission to provide advice and counsel to the Commissioner of Corrections with regard to the Commissioner’s responsibility to manage the reporting of sexual misconduct; promote adherence to anti-retaliation policies; ensure overall policy implementation and effectiveness; improve the transparency, accountability, and cultural impact of agency decisions; and ensure that the Department’s investigations and any resulting disciplinary actions are compliant with Department policies, procedures, and directives.

  (b) Members.

  (1) The Commission shall be composed of the following eight members:

  (A) a former judge with knowledge of the criminal justice system, appointed by the Chief Justice of the Vermont Supreme Court;

  (B) a retired attorney, appointed by the Department of State’s Attorneys and Sheriffs;

  (C) a former corrections officer, appointed by the Vermont State Employees’ Association;

  (D) two formerly incarcerated individuals who resided at different facilities, appointed by the Defender General;

  (E) the Executive Director of the Vermont Network Against Domestic and Sexual Violence or designee;

  (F) a former management-level employee of the Department of Corrections with experience in corrections management, appointed by the Governor; and

  (G) an individual at large with knowledge of and experience in the correctional system, crime prevention, human resources, or compliance, appointed by the Governor.

  (2) No member, at the time of appointment or during membership, shall be employed by the Department of Corrections or work in any part of the State correctional system. To the extent feasible, the appointing entities shall appoint members that will create a diverse Commission including gender, racial, and cultural diversity. Commission members shall demonstrate an understanding of and respect for the values, dignity, and diversity of individuals who are in the custody of the Commissioner of Corrections and those working within the State correctional system. If an appointing entity is unable to find a candidate for appointment to the Commission who meets the criteria of subdivision (1) of this subsection, the appointing entity may appoint an individual with relevant lived experience.

  (c) Powers and duties. The Commission shall have the following duties:

  (1) Provide advice and counsel to the Commissioner of Corrections in carrying out the Commissioner’s responsibilities at the Department of Corrections to review the reporting of sexual misconduct, the adherence to the Department’s anti-retaliation policy, the transparency and implementation of policies relating to misconduct, and the disciplinary policies.

  (2) Review facility staffing needs, employee retention, employee working conditions, and employee morale. The Commission may engage with current and former Department employees and individuals in the custody of the Department, review the Analysis of State of Vermont Employee Engagement Survey Results from the Department of Human Resources, and meet with the Vermont State Employees’ Association to further the Commission’s understanding of these issues. The Commission shall report annually on or before January 15 to the Commissioner of Corrections, the Secretary of Human Services, the House Committees on Corrections and Institutions and on Government Operations, and the Senate Committees on Judiciary and on Government Operations on:

  (A) the Department’s progress in improving staffing retention, working conditions, and employee morale over the year;

  (B) the largest barriers to further improvement in staffing retention, working conditions, and employee morale; and

  (C) any recommendations for improving employee retention, working conditions, and employee morale, including identifying any efforts undertaken in other states that could be implemented at the Department.

  (3) Monitor the Department in the following areas:

  (A) the timely reporting of allegations of sexual misconduct;

  (B) compliance with the Prison Rape Elimination Act;

  (C) the Department’s implementation of and adherence to policies relating to employee misconduct and discipline;

  (D) employees’ adherence to Department policies, procedures, and directives, particularly to code of ethics and anti-retaliation policies;

  (E) maintenance of an independent reporting hotline to the State Police at the women’s facility;

  (F) compliance with the policies, procedures, or directives governing employee misconduct investigations; the movement of contraband in facilities; threats to personal safety; and the Department’s response to major events that occur in the Department of Corrections; and

  (G) facility staffing needs, employee retention, and employees’ working conditions and morale.

  (4) [Repealed.]

  (d) Member terms. The members of the Commission shall serve staggered three-year terms. A vacancy created before the expiration of a term shall be filled in the same manner as the original appointment for the unexpired portion of the term. A member appointed to fill a vacancy before the expiration of a term shall not be deemed to have served a term for the purpose of this subsection. Members of the Commission shall be eligible for reappointment. Members of the Commission shall serve not more than two consecutive terms. A member may be removed by a majority vote of the members of the Commission.

  (e) Meetings.

  (1) The Commission shall annually select a chair from among its members at the first meeting.

  (2) A majority of the membership shall constitute a quorum.

  (f) Assistance. The Commission shall have the administrative and technical assistance of the Department of Corrections. The Commission shall have the legal assistance of the Office of the Attorney General.

  (g) Commissioner of Corrections’ duties. (1) The creation and existence of the Commission shall not relieve the Commissioner of the Commissioner’s duties under the law to manage, supervise, and control the Department of Corrections.

  (2) The Commissioner or designee shall produce all relevant Department policies, procedures, and directives requested by the Commission pursuant to its monitoring duties under this section.

  (h) Reimbursement. Members of the Commission shall be entitled to receive per diem compensation and reimbursement for expenses in accordance with 32 V.S.A. § 1010.

  (i) Confidentiality. Any information or report related to employee or incarcerated individual misconduct or discipline that is provided to the Commission shall be in a form that does not include personally identifiable information of any of the parties to the alleged misconduct and does not disclose any information that is required to be kept confidential pursuant to applicable State and federal law or any applicable collective bargaining or employment contract.

  (j) Definition. As used in subdivision (c)(3) of this section, “monitor” shall, when appropriate, include access to incident information in a form sufficient to discern the nature of the incident in question and compliance with the policies, procedures, or directives governing the incident. (Added 2021, No. 56, § 2; amended 2021, No. 56, § 3(a), eff. July, 1, 2024; 2021, No. 124 (Adj. Sess.), § 2, eff. May 23, 2022; repealed on July 1, 2025 by 2021, No. 56, § 3(b).)

• § 124. Department of Corrections; Corrections Investigative Unit

  (a) Creation. There is created the Corrections Investigative Unit (CIU) within the Department. The CIU shall investigate the following topics to comply with federal law and to identify systemic issues within the Department:

  (1) allegations of violations of the Prison Rape Elimination Act;

  (2) major events that occur in the Department, including the death of an individual in the custody of the Department or the escape of an individual from a facility or the custody of Department staff;

  (3) Department compliance with policies, procedures, and directives;

  (4) the movement of contraband in facilities; and

  (5) threats against the personal safety of Department employees and individuals in the custody of the Department.

  (b) Staff. The Commissioner of Corrections shall appoint and employ sufficient staff and adopt the necessary procedures for the CIU to carry out the duties required under this section.

  (c) Coordination. The CIU shall coordinate with outside investigative agencies and law enforcement agencies concerning criminal allegations and shall coordinate with a designated point of contact at the Department of Human Resources on employee misconduct investigations and disciplinary actions. The CIU shall conduct personal safety planning as necessary for employees who receive threats.

  (d) Employee rights.

  (1) An employee who is subject to questioning or investigation by the CIU shall be entitled to all procedural and substantive rights afforded to the employee by State and federal law and any applicable collective bargaining agreement or employment contract, including any contractual rights that apply to proceedings or investigations that may result in an adverse employment action.

  (2) Information gathered by the CIU in the course of an investigation shall be subject to discovery pursuant to the applicable rules of the Vermont Labor Relations Board or a court of competent jurisdiction, as appropriate.

  (e) Collective bargaining. Nothing in this section shall be construed to limit the right of the State and the employee organization to collectively bargain with respect to matters related to investigations and employee discipline that are not otherwise controlled by statute. (Added 2021, No. 56, § 5.)

• § 125. Criminal justice investments and trends; report [Repealed effective July 1, 2028]

  (a) Intent. It is the intent of the General Assembly that the report on Vermont’s criminal justice investments and trends required under this section assist in the systemic assessment of the State’s Justice Reinvestment and justice reform efforts and initiatives to inform future legislative policy and fiscal decisions.

  (b) Definitions. As used in this section:

  (1) “Arrest” means when a person is seized by law enforcement, charged with the commission of an offense, and referred for prosecution.

  (2) “Clearance” means the process by which a law enforcement agency closes an offense by arrest or exceptional means in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program.

  (3) “Desistance” means the process by which criminality, or the individual risk for antisocial conduct, declines over the life-course of the individual, generally after adolescence.

  (4) “Exceptional means” means the death of the offender, the victim’s refusal to cooperate with the prosecution after the offender is identified, the denial of extradition because the offender committed a crime in another jurisdiction and is being prosecuted for that offense, or other circumstance in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program.

  (5) “Recidivism” has the same meaning as in section 4 of this title.

  (c) Report.

  (1) On November 15, 2024 and every three years thereafter, the Vermont Statistical Analysis Center (SAC), in consultation with the Commissioners of Corrections, of Health, of Mental Health, of Public Safety, of Labor, and for Children and Families; the Attorney General; the Defender General; the Chief Superior Judge of the Superior Court; the Division of Racial Justice Statistics; the Executive Director of the Department of State’s Attorneys and Sheriffs; and the Parole Board Director, shall submit a report to the House Committees on Appropriations, on Judiciary, and on Corrections and Institutions, the Senate Committees on Appropriations and on Judiciary, the Joint Legislative Justice Oversight Committee, and the Executive Director of the Office of Racial Equity examining the trends associated with Vermont’s criminal justice-related investments and expenditures since the last report was submitted pursuant to this section.

  (2) The report required pursuant to subdivision (1) of this subsection shall include data showing:

  (A) recidivism rates;

  (B) clearance rates;

  (C) evidence of desistance, including successful completion of community supervision;

  (D) returns to incarceration from community supervision with the following relevant data points:

  (i) community supervision type, classified by probation, parole, and furlough;

  (ii) an indication if a return was for a violation or a new charge, including the crime type;

  (iii) an indication if a violation was classified as “significant/not violent” or “significant and violent” for any applicable statuses; and

  (iv) all available demographic information;

  (E) bail rates, including detainees held without bail, detainees held with bail and the associated monetary amounts, and bailees who post bail and are released;

  (F) pretrial detainees held in Vermont correctional facilities, including the crime type and jurisdiction for which they are held;

  (G) the funding for, and utilization of, substance use disorder treatment, mental health, educational, and vocational initiatives for incarcerated individuals; and

  (H) the funding for, and utilization by, individuals served through Justice Reinvestment II and related initiatives, including:

  (i) domestic violence intervention programming in the Department of Corrections, including the results from the evaluation framework between the Vermont Network Against Domestic and Sexual Violence and the University of Nebraska;

  (ii) offender transitional housing capacity with the Department of Corrections and other departments;

  (iii) advancements to the Department of Corrections’ data collection Offender Management System;

  (iv) agencies, departments, municipalities, programs, and services employing restorative justice principles, including community justice centers;

  (v) other General Fund expenditures for Justice Reinvestment II initiatives;

  (vi) the Department of Corrections’ out-of-state beds contracted by the Department and the average cost per bed in fiscal year 2019 and for each fiscal year thereafter; and

  (vii) the Department of Corrections’ in-state beds, separated by gender, including specialty units and units closed or unavailable in fiscal year 2019 and for each fiscal year thereafter.

  (d) Informational availability.

  (1) The information required pursuant to subsection (c) of this section shall include race, gender, age, and other demographic variables whenever possible.

  (2) The report required pursuant to subsection (c) of this section shall explain any obstacles or impediments to the availability and collectability of data required pursuant to this section, including whether collecting certain data would put particular populations at risk, along with the substance use and mental health needs and educational and vocational status of justice-involved individuals.

  (e) Data sharing. Notwithstanding any provision of law to the contrary, all State and local agencies and departments that possess the data necessary to compile the report required pursuant to this section shall, upon request, provide SAC with any data that it determines is relevant to the report. The obligation to disclose shall supersede any other legal obligation with respect to the data required pursuant to this section, and a department, agency, or other entity shall not decline to disclose data required based on any other purported legal obligation.

  (f) Confidentiality. Any data or records transmitted to or obtained by SAC are exempt from public inspection and copying under the Public Records Act and shall be confidential to the extent required by law unless and until the data or records are included in the report required by this section. A State or local agency or department that transmits data or records to SAC shall be the sole records custodian for purposes of responding to requests for the data or records. SAC may direct any request for these data or records to the transmitting agency or department for response. (Added 2021, No. 185 (Adj. Sess.), § E.335.2, eff. July 1, 2022; amended 2023, No. 40, § 1, eff. June 1, 2023; repealed by 2023, No. 40, § 4(b), eff. June 1, 2028.)

• § 126. Coordinated Justice Reform Advisory Council [Repealed effective July 1, 2028]

  (a) Creation. There is created the Coordinated Justice Reform Advisory Council to establish a unified and collaborative State approach to support State and local community-based programs and services that are consistent with Vermont’s restorative justice policy pursuant to section 2a of this title. The Council shall consult with State and local partners to use a data-driven approach that improves public safety, reduces correctional and criminal justice spending, and reinvests savings or redirects funding in strategies that foster desistance or decrease crime, delinquencies, and recidivism.

  (b) Membership. The Coordinated Justice Reform Advisory Council shall be composed of the following members:

  (1) the Attorney General or designee with experience in community and restorative justice;

  (2) the Chief Superior Judge of the Vermont Superior Court or designee;

  (3) the Commissioner of Corrections or designee;

  (4) the Commissioner for Children and Families or designee;

  (5) the Executive Director of the Vermont Center for Crime Victim Services or designee;

  (6) the Executive Director of the Vermont Statistical Analysis Center or designee;

  (7) the Executive Director of the Office of Racial Equity or designee;

  (8) one current member of the House of Representatives selected from the Joint Legislative Justice Oversight Committee, appointed by the Speaker of the House; and

  (9) one current member of the Senate selected from the Joint Legislative Justice Oversight Committee, appointed by the Committee on Committees.

  (c) Powers and duties. The Coordinated Justice Reform Advisory Council shall:

  (1) review and provide data-driven recommendations for the priorities and appropriations necessary to support a unified and collaborative State approach in accordance with subsection (a) of this section;

  (2) review all relevant government appropriations, reauthorizations, and allocations made during the most recent fiscal year;

  (3) consult with the Department of Mental Health; the Department of State’s Attorneys and Sheriffs; the Office of the Defender General; the Parole Board; the Office of the Child, Youth, and Family Advocate; the Vermont Network Against Domestic and Sexual Violence; the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel; individuals with lived experience in the criminal justice system recommended by the American Civil Liberties Union of Vermont; and community justice entities that receive State funding for programs and services employing restorative justice principles on the potential uses and priorities of funding in accordance with subsection (a) of this section;

  (4) consistent with subsection (a) of this section, consider opportunities and make recommendations to establish a sustainable planning and funding structure to administer State and local community-based programs and services and modern data collection systems; and

  (5) on or before September 1, 2023 and annually thereafter, recommend to the Commissioner of Corrections a new appropriate allocation of not more than $900,000.00 from the Justice Reinvestment II line item of the Department of Corrections’ budget for the next fiscal year to support community-based programs and services, related data collection and analysis capacity, and other initiatives in accordance with subsection (a) of this section.

  (d) Assistance. The Coordinated Justice Reform Advisory Council shall have the administrative, technical, and legal assistance of the Office of the Attorney General, the Department of Corrections, and the Department for Children and Families for those issues and services within the jurisdiction of the respective office or department.

  (e) Reports. On or before November 15, 2023 and annually thereafter, the Coordinated Justice Reform Advisory Council shall submit recommendations pursuant to subdivisions (c)(4) and (c)(5) of this section to the Joint Legislative Justice Oversight Committee; the Senate Committees on Appropriations and on Judiciary; and the House Committees on Appropriations, on Corrections and Institutions, and on Judiciary. Any recommendations submitted pursuant to subdivision (c)(4) shall be in the form of proposed legislation. The Council shall include in its reports the efforts it has made to consult with the organizations listed in subdivision (c)(3) of this section.

  (f) Meetings; officers; committees; rules; compensation; term.

  (1) The Chief Superior Judge of the Vermont Superior Court or designee shall call the first meeting of the Coordinated Justice Reform Advisory Council on or before July 15, 2023.

  (2) The Council shall meet not more than six times per year.

  (3) The Chief Superior Judge of the Vermont Superior Court or designee shall serve as the Chair of the Council.

  (4) The Council may elect additional officers from its members, establish committees or subcommittees, and adopt procedural rules or bylaws as necessary and appropriate to perform its work.

  (5) Members who are appointed to the Council shall be appointed for terms of three years, except that the Commissioners of Corrections and for Children and Families and members appointed by the Speaker of the House of Representative and the Senate Committee on Committees shall be appointed for a term of two years. Initial appointments shall be made such that the Commissioners of Corrections and for Children and Families and the members appointed by the Speaker of the House of Representative and the Senate Committee on Committees shall be appointed for a term of one year. Members shall hold office for the term of their appointments until their successors have been appointed. Vacancies on the Council shall be filled for the remaining period of the term in the same manner as initial appointments. Members are eligible for reappointment.

  (6) A majority of the membership shall constitute a quorum.

  (7) Members of the Council who are not employees of the State of Vermont and who are not otherwise compensated or reimbursed for their attendance shall be entitled to compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 for not more than six meetings per year.

  (8) Council meetings shall be subject to the Open Meeting Law. (Added 2023, No. 40, § 2, eff. July 1, 2023; repealed by 2023, No. 40, § 4(c), eff. July 1, 2028; amended 2023, No. 161 (Adj. Sess.), § 33, eff. June 6, 2024.)

• § 127. Department of Corrections; peer support program; confidentiality

  (a) As used in this section:

  (1) “Department” has the same meaning as in subdivision 3(4) of this title.

  (2) “Participant” means a Department staff member who has been involved in a traumatic incident by reason of employment at the Department and who has agreed to participate in the Department’s peer support program.

  (3) “Peer support” means appropriate support and services offered by a peer support specialist to a participant.

  (4) “Peer support program” means a program established by the Department of Corrections to provide appropriate peer support services to Department staff members.

  (5) “Peer support session” means a peer support program session for a Department staff member who has been involved in a traumatic incident by reason of employment at the Department or related to other personal matters.

  (6) “Peer support specialist” means a Department staff member who, by reason of the staff member’s prior experience, training, or interest, has expressed a desire and has been selected to provide appropriate peer support services to a participant.

  (7) “Staff member” means a supervising officer as defined in subdivision 3(9) of this title, a correctional officer as defined in subdivision 3(10) of this title, and any other employee of the Department.

  (b)(1) Except as provided in subsection (d) of this section, any communication made by a participant or peer support specialist in a peer support session of the peer support program, including any oral or written information conveyed during a peer support session, shall not be disclosed by any individual participating in the peer support session.

  (2) Except as provided by subsection (d) of this section, any communication relating to a peer support session between peer support specialists, between peer support specialists and participants of the peer support program, between participants of the peer support program, or between any other Department staff member, including any oral or written information, shall not be disclosed by any individual participating in the communication.

  (3) Written communications described in this subsection, such as notes, records, and reports related to a peer support session, are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The Public Records Act exemptions created in this section shall not be subject to the provisions of 1 V.S.A. § 317(e) (repeal of Public Records Act exemptions).

  (c) Except as provided by subsection (d) of this section, any communication made by a participant or peer support specialist in a peer support session, including any oral or written communication, such as notes, records, and reports related to the peer support session, shall not be admissible in a judicial, administrative, or arbitration proceeding. Limitations on disclosure imposed by this subsection include disclosure during any discovery conducted as part of an adjudicatory proceeding. Limitations on disclosure imposed by this subsection shall not include knowledge acquired by the Department or staff members from observations made during the course of employment or information acquired by the Department or staff members during the course of employment that is otherwise subject to discovery or introduction into evidence.

  (d)(1) Confidentiality protections described in subsections (b) and (c) of this section shall only apply to a peer support session conducted by an individual who has:

  (A) been designated by the Department or the peer support program to act as a peer support specialist; and

  (B) received and completed training in peer support and providing emotional and moral support to Department staff members who have been involved in emotionally traumatic incidents by reason of their employment or other personal matters.

  (2) Confidentiality protections described in subsections (b) and (c) of this section shall not apply to the following information as it pertains to an individual designated to receive such information in the normal course of the individual’s professional responsibilities:

  (A) any threat of suicide or homicide made by a participant of a peer support session or any information conveyed in a peer support session relating to a threat of suicide or homicide;

  (B) any information relating to the abuse of a child or vulnerable adult, or other information that is required to be reported by law;

  (C) any admission of criminal conduct; or

  (D) any admission of a plan to commit a crime.

  (e) Nothing in this section shall prohibit any communications between peer support specialists regarding a peer support session or between peer support specialists and participants of the peer support program. (Added 2023, No. 78, § E.335, eff. July 1, 2023.)