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Subchapter 001: COMMITMENT, TRANSFER, AND DISCHARGE
§ 701. Commitment to the custody of the Commissioner
(a) When a person is convicted of an offense and the court commits him or her to a term
of imprisonment, the commitment shall be to the custody of the Commissioner.
(b) The Commissioner shall have the authority to designate the place of confinement where
the sentence shall be served.
(c) Whenever in this title or in any other law reference is made to the sentencing or
confinement of inmates to any correctional facility under authority of the Department,
such reference shall be construed to mean sentencing or confinement to the custody
of the Commissioner rather than to any particular facility of the Department.
(d) The sentence of imprisonment of any person convicted of an offense shall commence
to run from the date on which such person is received at a correctional facility.
If any such person shall be committed to a jail or other place of detention to await
transportation to the place in which his or her sentence is to be served, his or her
sentence shall commence to run from the date on which he or she is received at such
jail or other place of detention. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 701a. Segregation of inmates with a serious functional impairment
(a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding the classification, treatment, and segregation of an inmate with a serious
functional impairment as defined and identified under subchapter 6 of this chapter;
provided that the length of stay in segregation for an inmate with a serious functional
impairment:
(1) shall not exceed 15 days if the inmate is segregated for disciplinary reasons;
(2) shall not exceed 30 days if the inmate requested the segregation, except that the
inmate may remain segregated for successive 30-day periods following assessment by
a qualified mental health professional and approval of a physician for each extension;
and
(3) shall not exceed 30 days if the inmate is segregated for any reason other than the
reasons set forth in subdivision (1) or (2) of this subsection, except that the inmate
may remain segregated for successive 30-day periods following a due process hearing
for each extension, which shall include assessment by a qualified mental health professional
and approval of a physician.
(b) As used in this section, “segregation” shall have the same meaning as in subdivision 3(12) of this title.
(c) On or before the 15th day of each month, the Department’s Health Services Director
shall provide to the Joint Legislative Justice Oversight Committee a report that,
while protecting inmate confidentiality, lists each inmate who was in segregation
during the preceding month by a unique indicator and identifies the reason the inmate
was placed in segregation, the length of the inmate’s stay in segregation, and whether
the inmate has a serious functional impairment. The report shall also indicate any
incident of self harm or attempted suicide by inmates in segregation. The Department
shall ensure that a copy of the report is forwarded on a monthly basis to the Vermont
Defender General and to the entity designated as Vermont’s protection and advocacy
system. At the request of the Committee, the Director shall also provide information
about the nature of the functional impairments of inmates placed in segregation or
services provided to these inmates. In addition, at least annually, the Department
shall provide a report on all inmates placed in segregation who were receiving mental
health services. (Added 1995, No. 185 (Adj. Sess.), § 48, eff. May 22, 1996; amended 2001, No. 61, § 82, eff. June 16, 2001; 2005, No. 177 (Adj. Sess.), § 4; 2009, No. 26, § 1; 2017, No. 78, § 4; 2019, No. 131 (Adj. Sess.), § 284.)
§ 701b. Classification of persons or defendants
(a) When a defendant or person in a civil or criminal action is sentenced to the custody
of the Commissioner or committed to the Commissioner’s custody pending a prosecution
on a misdemeanor charge or for sentencing, the Commissioner or the Commissioner’s
designee shall within five days of sentencing or commitment, excluding weekends and
holidays, classify the person to determine whether he or she shall be incarcerated,
held at a community work camp, or furloughed. Failure to classify within the five-day
period shall not create a private right of action against the State, its political
subdivisions, or its employees.
(b) Notwithstanding 13 V.S.A. § 7554, the Commissioner may place on furlough under provisions of section 808 of this title, a misdemeanor defendant when the Commissioner, based upon a completed classification,
has determined that the defendant is likely to appear in court as directed. If the
Commissioner places such a defendant on furlough, the Commissioner shall impose not
only the conditions of release initially ordered by the judicial officer, but also
such additional terms or conditions deemed necessary to ensure that the defendant
will appear in court. The Commissioner shall supervise compliance with all such conditions
imposed. (Added 1995, No. 185 (Adj. Sess.), § 49, eff. May 22, 1996; 2009, No. 33, § 50.)
§ 702. Transfer between facilities of the Department
(a) The Commissioner may transfer any inmate committed to his or her custody between any
of the correctional facilities except that the Commissioner shall not have the authority
to transfer a child, as defined in this title, to any facility except in accordance
with 33 V.S.A. § 5293.
(b) The Commissioner shall have the authority to transfer a person under arrest and charged
with any offense, or convicted but not yet sentenced, from the correctional facility
at which the person is detained to any other facility if the Commissioner determines
that the person cannot be kept properly or safely at the correctional facility at
which he or she is detained. If the Commissioner determines that such person has manifested
a mental illness requiring treatment, the Commissioner shall have the authority to
initiate transfer proceedings pursuant to section 703 of this title. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1987, No. 182 (Adj. Sess.), § 5; 2013, No. 131 (Adj. Sess.), § 131, eff. May 20, 2014.)
§ 703. Transfer to the Department of Mental Health
(a) If it becomes necessary to transfer a person who is under the supervision of the Department
of Mental Health, the transfer shall be accomplished in accordance with the provisions
of part 8 of Title 18.
(b) When a person is so transferred, he or she shall be subject to the supervision of
the Commissioner of Mental Health except that the time during which the person is
in the custody of the Commissioner of Mental Health shall be computed as part of the
term for which he or she was sentenced. He or she shall continue to be eligible for
good behavior reductions pursuant to section 811 of this title, and he or she shall continue to be eligible for parole pursuant to chapter 7 of
this title. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 22.)
§ 704. Disposition when person recovers
When the Commissioner of Mental Health determines that a person whose sentence has
not expired no longer requires to be under the supervision of the Department of Mental
Health, the Commissioner shall return the person to the custody of the Commissioner
in accordance with 18 V.S.A. chapter 189. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 22.)
§ 705. Hospitalization upon expiration of sentence
If it is determined by the Commissioner of Mental Health that a person who has been
transferred by the Commissioner to the Department of Mental Health is in need of further
care and treatment after the expiration of his or her maximum sentence, the Commissioner
of Mental Health shall petition the Criminal Division of the Superior Court for recommitment
of the inmate to the custody of the Commissioner of Mental Health. This action by
the Commissioner of Mental Health shall be initiated before the expiration of the
maximum sentence. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 4; 1977, No. 145 (Adj. Sess.), § 6; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 22; 2009, No. 154 (Adj. Sess.), § 238.)
§ 706. Transfer to federal correctional facility
(a) The Commissioner may enter into and execute a contract or contracts with the United
States for the transfer of any inmate from any facility to a federal correctional
facility when, in his or her opinion, the inmate needs particular treatment or special
facilities available at the federal correctional facility; or, all in-state treatment
and rehabilitative programs available for the inmate have been considered and found
unsuitable; or, all in-state security and custody alternatives for the inmate have
been considered and found unsuitable; or, the inmate voluntarily requests transfer.
(b) Notwithstanding any other provision of law, an inmate transferred to a federal correctional
facility shall, unless otherwise agreed in a contract or contracts, be subject to
the same law, rules, regulations, and procedures applicable to inmates committed for
violations of laws of the United States, not inconsistent with the sentence imposed.
Such laws, rules, regulations, and procedures applicable to Vermont prisoners confined
outside Vermont may include matters of discipline, classification, segregation, visiting,
mail, clothing or dress, use of telephones, personal property, employment, work release,
furlough, and transfer. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1975, No. 21, § 1, eff. March 31, 1975.)
§ 707. Confinement of persons convicted by U.S. courts
(a) The Department shall have the authority, on such terms and conditions as it may prescribe,
to receive into custody any person ordered detained or convicted by any court of the
United States. Any person against whom such sentence is rendered, while he or she
is confined at any such facility, shall be subject to the same rules and discipline
to which other inmates are subjected.
(b) All payments received from the United States for the confinement of such persons referred
to in subsection (a) of this section shall be made to the State Treasurer. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 205 (Adj. Sess.), § 2.)
§ 708. Discharge
(a) An inmate shall be released from confinement at the expiration of his or her term
of sentence less the time deducted for good behavior.
(b) When an inmate is released from a correctional facility, either on parole or upon
final discharge from the custody of the Commissioner, he or she shall be returned
any personal possessions taken from him or her upon his or her commitment, and he
or she may be furnished with transportation to the place where he or she will reside,
any earnings set aside for him or her in a wage fund or other program or fund and
any additional sum of money as may be prescribed by the Commissioner to enable the
inmate to meet his or her immediate needs.
(c) If an inmate’s release date falls on a weekend or legal holiday, the inmate may be
released at the discretion of the supervising officer on the next preceding day that
is not a legal holiday or a weekend. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1979, No. 99 (Adj. Sess.), § 3.)
§ 709. Repealed. 1979, No. 99 (Adj. Sess.), § 2.
§ 710. Approval of residence
(a) Before approving a residence for a sex offender who is being released from confinement
or whom the court has released on a probationary sentence or an alternative sentence
under community supervision by the Department, the Commissioner or the Commissioner’s
designee shall give careful consideration to the proximity of the residence to any
risk group associated with the offender.
(b) For purposes of this section, “sex offender” shall have the same meaning as in 13 V.S.A. § 5401(10)(B). (Added 2005, No. 192 (Adj. Sess.), § 30, eff. May 26, 2006.)
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Subchapter 001A: OFFENDER REINTEGRATION
§ 721. Offender reintegration; State policy
The Department shall establish an offender reintegration process that requires offenders
to be held accountable to their victims and the community. This process shall provide
opportunities for victims of crime and other members of the community to participate
in reentry programs under section 2a of this title and to allow for victims and members of the communities to provide input to the Department
as provided for in subsection 104(a) of this title. Such input shall include the nature of the planned supervision, the offender’s work
and education needs, the potential impact to the victim(s) of the offender’s presence
in the community, and the opportunities to make use of the offender’s abilities within
the community. An offender who participates in the reintegration process provided
for in this subchapter may be placed in the community under the Department’s supervision
for the remainder of the sentence if the Department is satisfied that the offender
is demonstrating progress in his or her reentry programs and that the offender does
not present an unreasonable risk to his or her victims or to the community at large. (Added 2001, No. 61, § 89; amended 2001, No. 142 (Adj. Sess.), § 170c, eff. June 16, 2002.)
§ 722. Definitions
As used in this subchapter:
(1) “Absconding” means:
(A) the offender has not met supervision requirements, cannot be located with reasonable
efforts, and has not made contact with Department staff within three days if convicted
of a listed crime as defined in 13 V.S.A. § 5301(7) or seven days if convicted of an unlisted crime;
(B) the offender flees from Department staff or law enforcement; or
(C) the offender left the State without Department authorization.
(2) “Conditional reentry” means the process by which a sentenced offender is released
into a community for supervision while participating in programs that assist the reintegration
process. The offender’s ability to remain in the community under supervision is conditioned
on the offender’s progress in reentry programs.
(3) “Listed crime” means any offense identified in 13 V.S.A. § 5301(7).
(4) “Technical violation” means a violation of conditions of furlough that does not constitute
a new crime.
(5) “Total effective sentence” means the sentence imposed under 13 V.S.A. §§ 7031 and 7032 as calculated by the Department in the offender’s records.
(6) “Unlisted crime” means any offense that is a crime under Vermont law, but is not identified
in 13 V.S.A. § 5301(7). (Added 2001, No. 61, § 89, eff. June 16, 2001; amended 2023, No. 78, § E.338.4, eff. July 1, 2023.)
§ 723. Community supervision furlough
(a) The Department may release from a correctional facility to participate in a reentry
program while serving the remaining sentence in the community a person who:
(1) has served the minimum term of the person’s total effective sentence;
(2) is ineligible for or refuses presumptive parole pursuant to section 501a of this title or has been returned or revoked to prison for a violation of conditions of parole,
furlough, or probation; and
(3) agrees to comply with such conditions of supervision the Department, in its sole discretion,
deems appropriate for that person’s furlough.
(b) The offender’s continued supervision in the community is conditioned on the offender’s
commitment to and satisfactory progress in his or her reentry program and on the offender’s
compliance with any terms and conditions identified by the Department.
(c) Prior to release under this section, the Department shall screen and, if appropriate,
assess each felony drug and property offender for substance abuse treatment needs
using an assessment tool designed to assess the suitability of a broad range of treatment
services, and it shall use the results of this assessment in preparing a reentry plan.
The Department shall attempt to identify all necessary services in the reentry plan
and work with the offender to make connections to necessary services prior to release
so that the offender can begin receiving services immediately upon release. (Added 1997, No. 148 (Adj. Sess.), § 61, eff. April 29, 1998; amended 2013, No. 96 (Adj. Sess.), § 187; 2017, No. 91 (Adj. Sess.), § 1; 2019, No. 148 (Adj. Sess.), § 10, eff. Jan. 1, 2021.)
§ 724. Terms and conditions of community supervision furlough
(a) Authority of the Department. The Department shall identify in the terms and conditions of community supervision
furlough those programs necessary to reduce the offender’s risk of reoffense and to
promote the offender’s accountability for progress in the reintegration process. The
Department shall make all determinations of violations of conditions of community
supervision furlough pursuant to this subchapter and any resulting change in status
or termination of community supervision furlough status.
(b) 90-day interruption or revocation. Any interruption of an offender’s community supervision furlough after the Department
has found a technical violation of furlough conditions shall trigger a Department
Central Office case staffing review and Department notification to the Office of the
Defender General if the interruption will be 90 days or longer.
(c) Appeal. (1) An offender whose community supervision furlough status is revoked or interrupted
for 90 days or longer for a technical violation shall have the right to appeal the
Department’s determination to the Civil Division of the Superior Court in accordance
with Rule 74 of the Vermont Rules of Civil Procedure. The appeal shall be based on
a de novo review of the record. The appellant may offer testimony, and, in its discretion
for good cause shown, the court may accept additional evidence to supplement the record.
If additional evidence is accepted by the court, the Department, through the Office
of the Vermont Attorney General, shall have the opportunity to present rebuttal evidence,
including testimony, for the court’s consideration. The notice of appeal filed pursuant
to Rule 74 shall include a certification that the court has subject matter jurisdiction.
The Department shall file an objection to subject matter jurisdiction within 14 days,
which shall stay the filing of the record on appeal until the court issues an order
on the Department’s objection. The appellant shall have the burden of proving by a
preponderance of the evidence that the Department abused its discretion in imposing
a furlough revocation or interruption for 90 days or longer pursuant to subsection
(d) of this section.
(2) An appeal filed pursuant to this subsection shall be limited to determine whether
the decision to interrupt or revoke an offender’s community supervision furlough status
was an abuse of discretion by the Department based on the criteria set forth in subdivision
(d)(2) of this section. The length of interruption or revocation may be a consideration
in the abuse of discretion determination.
(3) An appeal filed pursuant to this subsection shall be brought in the unit of the Superior
Court in which the offender resided at the time that the offender’s furlough status
was revoked or interrupted or the unit in which the offender is detained after the
offender’s furlough status was revoked or interrupted. If an appeal is filed pursuant
to this subsection in a unit lacking proper venue, the court, on its own motion or
on timely motion of a party to the appeal, may transfer the appeal to a unit having
proper venue.
(d) Technical violations. It shall be abuse of the Department’s discretion to revoke furlough or interrupt furlough
status for 90 days or longer for a technical violation, unless:
(1) The offender’s risk to reoffend can no longer be adequately controlled in the community,
and no other method to control noncompliance is suitable.
(2) The violation or pattern of violations indicate the offender poses a danger to others.
(3) The offender’s violation is absconding from community supervision furlough. (Added 2001, No. 61, § 89, eff. June 16, 2001; amended 2019, No. 148 (Adj. Sess.), § 11, eff. Jan. 1, 2021; 2021, No. 124 (Adj. Sess.), § 1, eff. May 23, 2022; 2023, No. 78, § E.338.4, eff. July 1, 2023; 2023, No. 85 (Adj. Sess.), § 332, eff. July 1, 2024.)
§ 725. Parole hearing for offenders on community supervision furlough
The Department shall submit to the Parole Board a recommendation relative to whether
the offender should be released to parole pursuant to section 501 of this title when:
(1) an offender sentenced solely for the commission of one or more unlisted crimes has,
in the sole discretion of the Department, successfully completed 90 days of community
supervision furlough; or
(2) an offender sentenced for the commission of at least one or more listed crimes has,
in the sole discretion of the Department, successfully completed 180 days of community
supervision furlough. (Added 2001, No. 61, § 89, eff. June 16, 2001; amended 2019, No. 148 (Adj. Sess.), § 13, eff. Jan. 1, 2021.)
§ 726. Reduction of sentence
Each day an offender is supervised in a conditional reentry program shall be counted
as one day served for the total effective sentence. (Added 2001, No. 61, § 89, eff. June 16, 2001; amended 2005, No. 87 (Adj. Sess.), § 2, eff. Feb. 8, 2006.)
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Subchapter 002: EMPLOYMENT OF INMATES
§ 751. Repealed. 1999, No. 148 (Adj. Sess.), § 56, eff. May 24, 2000.
§ 751a. Definitions
For purposes of this subchapter:
(1) “Assembled product” means a good produced by combining articles or components where
none of the articles or components were fabricated, changed, or altered by the use
of offender labor.
(2) “Offender service labor” means the use of offender labor for projects such as brush
clearing, painting, repairing, and construction.
(3) “Offender work product” means a good fabricated by inmate labor in whole or in part
from raw or prepared materials, so as to impart to those materials new forms, qualities,
or properties. (Added 1999, No. 148 (Adj. Sess.), § 57, eff. May 24, 2000.)
§ 751b. General provisions governing offender work
(a) To return value to communities, to assist victims of crime, to establish good habits
of work and responsibility, to promote the vocational training of offenders, to pursue
initiatives with private business to enhance offender employment opportunities, and
to reduce the cost of operation of the Department of Corrections and of other State
agencies, offenders may be employed in the production and delivery of goods, services,
and foodstuffs to communities, to victims of crime, to correctional facilities, to
other State agencies, and to other public or private entities authorized by this subchapter.
To accomplish these purposes, the Commissioner may establish and maintain industries,
farms, and institutional work programs at appropriate correctional facilities or other
locations, plus community service work programs throughout the State.
(b) An offender shall not be required to engage in unreasonable labor or to perform any
work for which he or she is declared unfit by a physician employed or retained by
the Department.
(c) The Commissioner shall establish written guidelines governing the hours and conditions
of offender work, and the rates of compensation of offenders for employment. Wage
payments of offenders shall be set aside in a separate fund. The guidelines of the
Department may provide for the making of deductions from wages of offenders to defray
part or all of the cost of offender maintenance or payments to victims of crime. The
guidelines may also provide for the setting aside by the Department of a portion of
an offender’s wages to enable the offender to contribute to the support of his or
her dependents, if any, to make necessary purchases from a commissary, to purchase
approved books, instruments, and instruction not supplied by a correctional facility,
and to set aside sums to be paid to the offender upon release from the custody or
supervision of the Commissioner. Any interest that accrues from these wages during
the period of such custody of an offender shall be credited to any fund maintained
by the correctional facility for the welfare of offenders.
(d) The labor, work product, or time of an offender may be sold, contracted, or hired
out by the State only:
(1) To the federal government.
(2) To any state or political subdivision of a state, or to any nonprofit organization
that 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, provided that the
Commissioner or designee may disapprove any future sales of offender produced goods
or services to any nonprofit organization.
(3) To any private person or enterprise not involving the provision of the federally authorized
Prison Industries Enhancement Program, provided that the Commissioner or designee
shall first determine that the offender work product in question is not otherwise
produced or available within the State.
(4) To charitable organizations where the offender work product is the handicraft of offenders
and the Commissioner or designee has approved such sales in advance.
(5) To political subdivisions of the State, community organizations, private persons,
or enterprises when the Governor has authorized the work of offenders as necessary
and appropriate as a response to a civil emergency.
(e) Offender work programs managers shall seek to offset production, service, and related
costs from product and service sales; however, this financial objective of offsetting
the costs to the Department of servicing and supervising offender work programs shall
not be pursued to the detriment of accomplishing the purposes of offender work programs
set out in subsection (a) of this section or to the detriment of private businesses
as safeguarded by section 761 of this title.
(f) The Department of Corrections shall, in any new initiative involving sales of offender
work products, seek to use the provisions of the federally authorized Prison Industries
Enhancement Program.
(g) [Repealed.]
(h) The Commissioner shall consult and collaborate with the Commissioner of Labor at least
annually to seek funding and support for vocational training for offenders to help
offenders achieve a successful transition from the custody of the Commissioner to
private life. To the extent feasible, any vocational training program for offenders
shall incorporate the professional training standards applicable to the construction
and other trades, and industries, existing in the private sector. (Added 1999, No. 148 (Adj. Sess.), § 58, eff. May 24, 2000; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 33, § 51; 2019, No. 128 (Adj. Sess.), § 10.)
§ 752. Offender Work Programs Special Fund
(a) An Offender Work Programs Special Fund shall be maintained for the purpose of carrying
out the provisions of section 751b of this title, which Fund shall include any appropriations made from time to time by the General
Assembly and any sums obtained from the sale of goods and services produced by offenders
pursuant to section 751b of this title. The Special Fund shall be managed pursuant to 32 V.S.A. chapter 7, subchapter 5.
(b) Any expenses incurred by offender work programs shall be defrayed by this Fund.
(c) All balances of the Fund remaining at the end of any fiscal year shall be carried
forward and be made available for the succeeding fiscal year, and shall be kept as
a special fund by the State Treasurer, except that any balance at the end of a fiscal
year not needed to maintain offender work programs or for other purposes provided
by section 751b or 761 of this title shall by September 1 of the subsequent fiscal year be transferred to the Victims’
Compensation Fund established under 13 V.S.A. chapter 167.
(d) The Fund also may be used, at the discretion of the Commissioner, to further the raising,
harvesting, and preservation of food.
(e) Purchases of materials for resale may be made from the Fund, but the Fund shall be
maintained intact except for temporary depletion in making such purchases for resale.
(f) [Repealed.] (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 152 (Adj. Sess.), § 11; 1999, No. 148 (Adj. Sess.), § 59, eff. May 24, 2000; 2009, No. 33, § 83(l)(1); 2019, No. 128 (Adj. Sess.), § 11.)
§ 753. Work release program
(a) The Commissioner shall have the authority to permit any inmate of any correctional
facility to be gainfully employed outside the facility when the employment is determined
to be in the best interests of the inmate and of the State, and when the inmate volunteers
to participate in any work release program making provisions for gainful employment.
Inmates may be employed by the State or by public or private employers. The rates
of pay and other conditions of employment for an inmate released under this section
shall be the same as those paid or required in the locality in which the work is performed.
(b) The Commissioner shall have the power and responsibility to make rules and regulations
for the administration of any work release program authorized under this section.
(c) The Commissioner, before allowing any inmate to participate in a work release program,
shall determine that the employment of the inmate will not cause the displacement
of employed workers.
(d) A work release program may be extended to include the enrollment of an inmate in academic
or vocational programs designed to improve the skills and abilities of the inmate.
(e) The time during which an inmate participates in a work release program outside a correctional
facility shall be tabulated toward the serving of his or her sentence in the same
manner as though the inmate had served such time at the facility. The inmate shall
remain subject to the rules and regulations of the facility and be under the direction
and control of the officers thereof during the period of his or her participation
in the program. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 754. Powers and responsibilities of the Department regarding the work release program
The Department is charged with the following powers and responsibilities:
(1) To supervise and consult with inmates participating in any work release program.
(2) To assist in locating available employment or vocational or other training opportunities
for qualified work release participants and to effect placement of the participants
under any work release program.
(3) To promote public understanding and acceptance of the work release program.
(4) To foster cooperation of all State agencies with the Department in the administration
of the work release program.
(5) To provide cash advances in the nature of loans from the revolving fund established
by section 752 of this title to participants in the work release program as are necessary to carry out the program.
The Commissioner is authorized to seek all available remedies in any court of this
State or any court of competent jurisdiction to obtain a judgment in the event that
an inmate receiving a cash advance in accordance with this section defaults in the
repayment of the cash advance. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 755. Disposition of earnings
An inmate participating in a work release program shall cause to be given to the Commissioner
the inmate’s total earnings less payroll deductions authorized by law, including income
taxes. Upon receipt of the earnings the Commissioner, to the extent reasonable, may:
(1) Deduct an amount determined to be equivalent to the cost of providing for the living
expenses of the inmate.
(2) Cause to be paid, as are needed, any of the following.
(A) Any costs or fine imposed by the sentencing court.
(B) Any restitution included as part of the sentence of the inmate by the court.
(C) Any sum as is needed for the support of the dependents of the inmate, in which case
the Commissioner shall notify the Commissioner for Children and Families of the support
payments.
(D) Any loan which may have been issued to the inmate pursuant to subdivision 754(5) of this title.
(E) Any restitution or reparation included as part of a disciplinary proceeding for damage
to State-owned property. Any monies collected under this subdivision shall be used
to offset the cost of repair or replacement of the damaged property.
(3) Allow the inmate to draw from the balance of his or her earnings a sufficient sum
to cover his or her incidental expenses.
(4) Credit to the account of the inmate the amount as remains after deductions are made
in accordance with the provisions of this section, paying to the inmate the balance
of his or her account upon his or her release. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1977, No. 264 (Adj. Sess.), § 2; 1999, No. 147 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 57.)
§ 756. Repealed. 1973, No. 109, § 12.
§ 757. Inmate not an agent of the State
No inmate participating in any work release program, or engaged in work, industry,
or employment at a correctional facility, or any community service or a public works
activity or vocational training at a correctional facility or in the community while
under the supervision of officers, employees, volunteers, or contracted persons of
the Department of Corrections shall be deemed to be a “volunteer” or “State employee”
for any purpose whatsoever. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1993, No. 54, § 2.)
§ 758. Release from a correctional facility to do work in the service of such facility or
of the Department
The supervising officer of any correctional facility may permit an inmate to leave
the facility for the purpose of performing maintenance work or farm work, or any other
work necessary, or appropriate for the maintenance, operations, or business of the
facility or of the Department. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 759. Employment and furlough of an inmate during the pendency of prosecution
(a) A person confined at a correctional facility during the pendency of a prosecution
against him or her may request to be employed pursuant to the provisions of section 751 of this title. Upon receipt of the request, the supervising officer may so employ the inmate,
subject to all the rules and regulations of section 751.
(b) A person so confined may be allowed access to the work release and furlough programs
pursuant to the provisions of sections 753 and 808 of this title with the consent of the prosecuting State’s Attorney and the judge of the court in
which the person is being prosecuted. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 760. Compensation of offenders
(a) The Commissioner shall, in consultation with the Department of Labor, promulgate rules
establishing an injured offender compensation program for offenders or their dependents
for injuries suffered while under supervision by the Department and arising out of
and in the course of work, industry, or an employment program, at a correctional facility,
or any community service or public works activity or vocational training directed
by the Department of Corrections. The rules shall establish the compensation, medical,
and vocational benefits to which an injured offender may be entitled as well as procedures
for resolving disputes. To the extent practicable and consistent with the requirements
of the Department, compensation, medical, and vocational benefits shall be comparable
to what a similarly injured employee would receive under 21 V.S.A. chapter 9.
(b) The rights and remedies provided by this section and the rules adopted under authority
of this section to an offender on account of a personal injury for which he or she
is entitled to compensation under this section shall exclude all other rights and
remedies of the offender, the offender’s personal representation, dependents or next
of kin, at common law, or otherwise on account of such injury.
(c) For purposes of this section, the Department of Corrections shall be the sole entity
responsible for providing any compensation owed to an injured offender, without regard
to the place of injury, and no claim for workers’ compensation or other common law
action may be brought against the industry, employment program, government or community
service entity, or vocational training provider either supervising the offender or
receiving the benefit of the offender’s services.
(d) In no case shall compensation be made under subsection (a) of this section to any
offender injured while participating in a work release program pursuant to section 753 of this title.
(e) Any compensation which is fixed in accordance with the rules adopted by the Commissioner
may be paid either in periodic installments or in lump sum. The compensation may be
drawn from the revolving fund established by section 752 of this title, from any general fund maintained by the Department, or from any approved source.
(f) A claimant may seek review of the Department’s decision relative to an award of compensation
by petitioning a Superior Court under Rule 74 of the Vermont Rules of Civil Procedure. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1993, No. 54, § 3; 1997, No. 148 (Adj. Sess.), § 69, eff. April 29, 1998; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2025, No. 18, § 49, eff. May 13, 2025.)
§ 761. Offender work programs expansion
The Vermont Correctional Industries component of the offender work programs shall
not expand into an existing market until the Commissioner or designee has evaluated
the impact of expansion on private sector business. (Added 1997, No. 62, § 44, eff. June 26, 1997; amended 1997, No. 152 (Adj. Sess.), § 12; 1999, No. 148 (Adj. Sess.), § 60, eff. May 24, 2000; 2009, No. 33, § 52; 2009, No. 67 (Adj. Sess.), § 96, eff. Feb. 25, 2010; 2019, No. 128 (Adj. Sess.), § 9.)
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Subchapter 003: CARE OF INMATES
§ 801. Medical care of inmates
(a) Provision of medical care. The Department shall provide health care for inmates in accordance with the prevailing
medical standards. When the provision of such care requires that the inmate be taken
outside the boundaries of the correctional facility wherein the inmate is confined,
the Department shall provide reasonable safeguards, when deemed necessary, for the
custody of the inmate while the inmate is confined at a medical facility.
(b) Screenings and assessments.
(1) Upon admission to a correctional facility for a minimum of 14 consecutive days, each
inmate shall be given a physical assessment unless extenuating circumstances exist.
(2) Within 24 hours after admission to a correctional facility, each inmate shall be screened
for substance use disorders as part of the initial and ongoing substance use screening
and assessment process. This process includes screening and assessment for opioid
use disorders.
(c) Emergency care. When there is reason to believe an inmate is in need of medical care, the officers
and employees shall render emergency first aid and immediately secure additional medical
care for the inmate in accordance with the standards set forth in subsection (a) of
this section. A correctional facility shall have on staff at all times at least one
person trained in emergency first aid.
(d) Policies. The Department shall establish and maintain policies for the delivery of health care
in accordance with the standards in subsection (a) of this section.
(e) Pre-existing prescriptions; definitions for subchapter.
(1) Except as otherwise provided in this subsection, an inmate who is admitted to a correctional
facility while under the medical care of a licensed physician, a licensed physician
assistant, or a licensed advanced practice registered nurse and who is taking medication
at the time of admission pursuant to a valid prescription as verified by the inmate’s
pharmacy of record, primary care provider, other licensed care provider, or as verified
by the Vermont Prescription Monitoring System or other prescription monitoring or
information system, including buprenorphine, methadone, or other medication prescribed
in the course of medication for opioid use disorder, shall be entitled to continue
that medication and to be provided that medication by the Department pending an evaluation
by a licensed physician, a licensed physician assistant, or a licensed advanced practice
registered nurse.
(2) Notwithstanding subdivision (1) of this subsection, the Department may defer provision
of a validly prescribed medication in accordance with this subsection if, in the clinical
judgment of a licensed physician, a physician assistant, or an advanced practice registered
nurse, it is not medically necessary to continue the medication at that time.
(3) The licensed practitioner who makes the clinical judgment to discontinue a medication
shall cause the reason for the discontinuance to be entered into the inmate’s medical
record, specifically stating the reason for the discontinuance. The inmate shall be
provided, both orally and in writing, with a specific explanation of the decision
to discontinue the medication and with notice of the right to have the inmate’s community-based
prescriber notified of the decision. If the inmate provides signed authorization,
the Department shall notify the community-based prescriber in writing of the decision
to discontinue the medication.
(4) It is not the intent of the General Assembly that this subsection shall create a new
or additional private right of action.
(5) As used in this subchapter:
(A) “Medically necessary” describes health care services that are appropriate in terms
of type, amount, frequency, level, setting, and duration to the individual’s diagnosis
or condition; are informed by generally accepted medical or scientific evidence; and
are consistent with generally accepted practice parameters. Such services shall be
informed by the unique needs of each individual and each presenting situation and
shall include a determination that a service is needed to achieve proper growth and
development or to prevent the onset or worsening of a health condition.
(B) “Medication for opioid use disorder” has the same meaning as in 18 V.S.A. § 4750.
(f) Third-party medical provider contracts. Any contract between the Department and a provider of physical or mental health services
shall establish policies and procedures for continuation and provision of medication
at the time of admission and thereafter, as determined by an appropriate evaluation,
which will protect the health of inmates.
(g) Prescription medication; reentry planning.
(1) If an offender takes a prescribed medication while incarcerated and that prescribed
medication continues to be both available at the facility and clinically appropriate
for the offender at the time of discharge from the correctional facility, the Department
or its contractor shall provide the offender, at the time of release, with not less
than a 28-day supply of the prescribed medication, if possible, to ensure that the
offender may continue taking the medication as prescribed until the offender is able
to fill a new prescription for the medication in the community. The Department or
its contractor shall also provide the offender exiting the facility with a valid prescription
to continue the medication after any supply provided during release from the facility
is depleted.
(2) The Department or its contractor shall identify any necessary licensed health care
provider or substance use disorder treatment program, or both, and schedule an intake
appointment for the offender with the provider or program to ensure that the offender
can continue care in the community as part of the offender’s reentry plan. The Department
or its contractor may employ or contract with a case worker or health navigator to
assist with scheduling any health care appointments in the community. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1985, No. 139 (Adj. Sess.); 1987, No. 199 (Adj. Sess.), § 1; 2009, No. 157 (Adj. Sess.), § 6; 2013, No. 34, § 30a; 2017, No. 153 (Adj. Sess.), § 1, eff. May 21, 2018; 2017, No. 176 (Adj. Sess.), § 3; 2023, No. 159 (Adj. Sess.), § 1, eff. July 1, 2024; 2025, No. 18, § 50, eff. May 13, 2025.)
§ 801a. Pregnant inmates
(a) It shall be the policy of the State of Vermont to respect the unique health issues
associated with a pregnant inmate. The Department of Corrections shall not routinely
restrain pregnant inmates who are beyond their first trimester of pregnancy in the
same manner as other inmates, recognizing that to do so might pose undue health risks
for the mother and unborn child.
(b) The Commissioner of Corrections shall ensure that all reasonable and appropriate measures
consistent with public safety are made to transport a pregnant inmate in a manner
that:
(1) prevents physical and psychological trauma;
(2) respects the privacy of the individual; and
(3) represents the least restrictive means necessary for the safety of the inmate, medical
and correctional personnel, and the public.
(c) Unless the inmate presents a substantial flight risk or other extraordinary circumstances
dictate otherwise, mechanical restraints of any kind shall not be used on a pregnant
inmate after she has been declared by an attending health care practitioner to be
in active labor. The inmate shall remain unrestrained after delivery while in recovery
at the hospital. If restraints are used while the inmate is in labor or in the hospital
during recovery after delivery, the Commissioner of Corrections shall make written
findings as to the reasons why mechanical restraints were necessary to prevent escape
or to ensure the safety of the inmate, medical and correctional personnel, or the
public. (Added 2005, No. 180 (Adj. Sess.), § 4.)
§ 801b. Medication for opioid use disorder in correctional facilities
(a) If an inmate receiving medication for opioid use disorder prior to entering the correctional
facility continues to receive medication prescribed in the course of medication for
opioid use disorder pursuant to section 801 of this title, the inmate shall be authorized to receive that medication for as long as medically
necessary.
(b)(1) If at any time an inmate screens positive as having an opioid use disorder, the inmate
may elect to commence buprenorphine-specific medication for opioid use disorder if
it is deemed medically necessary by a provider authorized to prescribe buprenorphine.
The inmate shall be authorized to receive the medication as soon as possible and for
as long as medically necessary.
(2) Nothing in this subsection shall prevent an inmate who commences medication for opioid
use disorder while in a correctional facility from transferring from buprenorphine
to methadone if:
(A) methadone is deemed medically necessary by a provider authorized to prescribe methadone;
and
(B) the inmate elects to commence methadone as recommended by a provider authorized to
prescribe methadone.
(c) The licensed practitioner who makes the clinical judgment to discontinue a medication
shall cause the reason for the discontinuance to be entered into the inmate’s medical
record, specifically stating the reason for the discontinuance. The inmate shall be
provided, both orally and in writing, with a specific explanation of the decision
to discontinue the medication and with notice of the right to have the inmate’s community-based
prescriber notified of the decision. If the inmate provides signed authorization,
the Department shall notify the community-based prescriber in writing of the decision
to discontinue the medication.
(d)(1) As part of reentry planning, the Department shall commence medication for opioid use
disorder prior to an offender’s release if:
(A) the offender screens positive for an opioid use disorder;
(B) medication for opioid use disorder is medically necessary; and
(C) the offender elects to commence medication for opioid use disorder.
(2) If medication for opioid use disorder is indicated and despite best efforts induction
is not possible prior to release, the Department shall ensure comprehensive care coordination
with a community-based provider.
(3) If an offender takes a prescribed medication as part of medication for opioid use
disorder while incarcerated and that prescription medication is both available at
the facility and clinically appropriate for the offender at the time of discharge
from the correctional facility, the Department or its contractor shall provide the
offender, at the time of release, with a legally permissible supply to ensure that
the offender may continue taking the medication as prescribed prior to obtaining the
prescription medication in the community.
(e)(1) Counseling or behavioral therapies shall be provided in conjunction with the use of
medication for medication-assisted treatment as provided for in the Department of
Health’s “Rule Governing Medication for Opioid Use Disorder for: (1) Office-Based
Opioid Treatment Providers Prescribing Buprenorphine; and (2) Opioid Treatment Providers.”
(2) As part of reentry planning, the Department shall inform and offer care coordination
to an offender to expedite access to counseling and behavioral therapies within the
community.
(3) As part of reentry planning, the Department or its contractor shall identify any necessary
licensed health care provider or an opioid use disorder treatment program, or both,
and schedule an intake appointment for the offender with the providers or treatment
program, or both, to ensure that the offender can continue treatment in the community
as part of the offender’s reentry plan. The Department or its contractor may employ
or contract with a case worker or health navigator to assist with scheduling any health
care appointments in the community. (Added 2017, No. 176 (Adj. Sess.), § 4; amended 2019, No. 72, § E.338.2; 2023, No. 159 (Adj. Sess.), § 2, eff. July 1, 2024.)
§ 802. Correspondence of inmates
(a) Any authorized employee of any correctional facility shall have the right to inspect
all correspondence by or to inmates of the facility. The employee shall have the right
to withhold and prevent the transmission of material intended to be sent through the
mails by or to an inmate if the material is contraband as defined by the rules of
the facility or constitutes a clear and present danger to the security of the facility.
(b) Notwithstanding the provisions of subsection (a) of this section, any correspondence
from an inmate to any public official of the State or of the United States shall not
be impeded in its transmission, nor shall it be inspected, opened, copied, duplicated,
photographed, or examined in any way.
(c) An inmate shall not correspond through the mail with another inmate committed to the
custody and supervision of the Department of Corrections, whether in the same facility
or in a different facility, except as follows:
(1) To communicate with immediate family members who are inmates also in the custody and
supervision of the Department of Corrections, subject to the prior approval of the
superintendent or the superintendent’s designee.
(2) To communicate with other inmates where the inmate’s classification or treatment team
deems the correspondence in the best interests of both parties.
(3) To communicate with another inmate regarding legal matters, so long as the superintendent
or his or her designee knows the second inmate customarily offers legal advice to
other inmates.
(4) To correspond with other inmates, so long as the correspondence has been approved
by the superintendent or the superintendent’s designee at his or her sole discretion.
(d) Negative contact list.
(1) Except as provided in subsection (b) of this section, an inmate incarcerated at a
Department of Corrections facility shall not correspond through the mail with any
individual on the Department of Corrections’ negative contact list.
(2) An individual may be added to the negative contact list by notifying the Department
of Corrections in writing that he or she does not wish to receive any correspondence
through the mail from a particular inmate.
(3) A parent or authorized legal guardian of a minor may add the minor child to the negative
contact list of any inmate who is not the parent of the child by notifying the Department
of Corrections in writing that he or she does not wish the minor child to receive
any correspondence through the mail from a particular inmate. If the inmate is a parent
of the minor, the inmate shall have the right to have contact with the minor, unless
the inmate is prohibited by court order from contacting the child. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2007, No. 64, § 3.)
§ 802a. Telephone use; debit and collect call systems
(a) Upon admittance to a correctional facility, the inmate shall within 24 hours be allowed
access to a telephone for outgoing telephone calls at the expense of the inmate.
(b) An inmate shall be allowed easy access in placing collect telephone calls upon admission
to a correctional facility under reasonable conditions determined by the Commissioner,
unless the inmate has been prohibited under provisions of section 853 of this title regarding punishment for a breach of the rules and regulations of the correctional
facility in which an inmate is confined.
(c) When an inmate requests and receives a list of parties approved to receive telephone
calls, the inmate shall be provided the option of using a debit or collect call system
to place such calls. Under the debit system, the inmate shall pay for telephone service
at the time of use, and the cost of such service will be automatically deducted from
an account maintained by the inmate for that purpose.
(d) Any contract to provide telephone services to inmates in State correctional facilities
shall be negotiated and awarded in a manner that provides for the lowest reasonable
cost to inmates, to their families, and to others communicating with inmates. (Added 1995, No. 185 (Adj. Sess.), § 50, eff. May 22, 1996; amended 2001, No. 61, § 79, eff. June 16, 2001.)
§ 803. Exercise of religious beliefs
(a) An inmate at any correctional facility shall have the right of free exercise of his
or her religious beliefs, and shall have the right to receive visitations from a clergyperson
or other representative of his or her faith in case of illness, provided that a request
for the visitation is submitted to the supervising officer of the facility. An inmate
shall not be ordered or compelled to participate in any religious activities.
(b) Such exercise of religious beliefs as is permitted by subsection (a) of this section
may be restricted only upon a determination by the Commissioner that the exercise
would interfere unreasonably with the maintenance of discipline and security at the
correctional facility.
(c) The supervising officer of any correctional facility shall have the authority to compensate
any clergyperson selected by him or her to conduct visitations and carry out other
services at the facility. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 804. Right of inmates to confer with counsel
If an inmate in any facility expresses a desire to see and confer with a practicing
attorney of the State, the supervising officer of the facility shall authorize, except
in cases of imminent danger of injury to person or of escape, the admittance of the
attorney to the facility. The inmate and his or her attorney shall have the right
to confer alone and in private at the facility. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 805. Counsel for an inmate confined during the pendency of prosecution
When a person is confined to a correctional facility during the pendency of a prosecution
against him or her, such inmate shall be allowed conference with his or her counsel
of record, which conferences may be held in the presence but not in the hearing of
an officer or employee of the correctional facility. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 806. Allowances to inmates
It shall be within the discretion of the Commissioner to authorize the payment of
allowances, from funds appropriated by the Legislature, to inmates of any correctional
facility for the purpose of allowing the inmates to purchase personal articles and
to meet other incidental expenses. The Commissioner shall have the authority to establish
rules and regulations governing the issuance and administration of the allowances. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 807. Voting rights
(a) Notwithstanding any other provision of law, a person who is convicted of a crime shall
retain the right to vote by early voter absentee ballot in a primary or general election
at the person’s last voluntary residence during the term of the person’s commitment
under a sentence of confinement provided the person otherwise fulfills all voting
requirements.
(b) No person sentenced to the custody of the Commissioner of Corrections may use the
place of involuntary confinement as the person’s place of residence for the purpose
of qualifying to vote. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 172 (Adj. Sess.), § 12, eff. March 27, 1974; 2001, No. 6, § 12(a), eff. April 10, 2001.)
§ 808. Temporary furloughs granted to offenders
(a) The Department may extend the limits of the place of confinement of an offender at
any correctional facility if the offender agrees to comply with such conditions of
supervision the Department, in its sole discretion, deems appropriate for that offender’s
furlough. The Department may authorize a temporary furlough for a defined period for
any of the following reasons:
(1) to visit a critically ill relative;
(2) to attend the funeral of a relative;
(3) to obtain medical services;
(4) to contact prospective employers;
(5) to secure a suitable residence for use upon discharge.
(b) An offender granted a temporary furlough pursuant to this section may be accompanied
by an employee of the Department, in the discretion of the Commissioner, during the
period of the offender’s furlough. The Department may use electronic monitoring equipment
such as global position monitoring, automated voice recognition telephone equipment,
and transdermal alcohol monitoring equipment to enable more effective or efficient
supervision of individuals placed on furlough.
(c) The extension of the limits of the place of confinement authorized by this section
shall in no way be interpreted as a probation or parole of the offender, but shall
constitute solely a permitted extension of the limits of the place of confinement
for offenders committed to the custody of the Commissioner.
(d) When any enforcement officer, as defined in 23 V.S.A. § 4; employee of the Department; or correctional officer responsible for supervising
an offender believes the offender is in violation of any verbal or written condition
of the temporary furlough, the officer or employee may immediately lodge the offender
at a correctional facility or orally or in writing deputize any law enforcement officer
or agency to arrest and lodge the offender at such a facility. The officer or employee
shall subsequently document the reason for taking such action.
(e) The Commissioner may place on medical furlough any offender who is serving a sentence,
including an offender who has not yet served the minimum term of the sentence, who
is diagnosed with a terminal or serious medical condition so as to render the offender
unlikely to be physically capable of presenting a danger to society. The Commissioner
shall develop a policy regarding the application for, standards for eligibility of,
and supervision of persons on medical furlough. The offender may be released to a
hospital, hospice, other licensed inpatient facility, or other housing accommodation
deemed suitable by the Commissioner. As used in this subsection, a “serious medical
condition” does not mean a condition caused by noncompliance with a medical treatment
plan.
(f) [Repealed.]
(g) Subsection (b) of this section shall also apply to sections 808a and 808c of this title. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 6; 1973, No. 109, § 12; 1973, No. 205 (Adj. Sess.), § 4; 1997, No. 152 (Adj. Sess.), § 9; 1999, No. 29, § 55, eff. May 19, 1999; 2001, No. 61, § 88, eff. June 16, 2001; 2001, No. 149 (Adj. Sess.), § 41, eff. June 27, 2002; 2005, No. 63, § 6; 2007, No. 179 (Adj. Sess.), §§ 9, 10; 2009, No. 146 (Adj. Sess.), § D7; 2009, No. 157 (Adj. Sess.), §§ 7, 8; 2011, No. 41, § 3; 2013, No. 96 (Adj. Sess.), § 189; 2015, No. 43, § 3, eff. June 1, 2015; 2017, No. 91 (Adj. Sess.), § 2; 2019, No. 148 (Adj. Sess.), § 8, eff. Jan. 1, 2021.)
§ 808a. Treatment furlough
(a) An offender may be sentenced to serve a term of imprisonment, but placed by a court
on treatment furlough to participate in such programs administered by the Department
in the community that reduce the offender’s risk to reoffend or that provide reparation
to the community in the form of supervised work activities.
(b) Provided the approval of the sentencing judge, if available, otherwise a Superior
Court judge, is first obtained, the Department may place on treatment furlough an
offender who has not yet served the minimum term of the sentence, who, in the Department’s
determination, needs residential treatment services not available in a correctional
facility. The services may include treatment for substance abuse or personal violence
or any other condition that the Department has determined should be addressed in order
to reduce the offender’s risk to reoffend or cause harm to himself or herself or to
others in the facility. The offender shall be released only to a hospital or residential
treatment facility that provides services to the general population. The State’s share
of the cost of placement in such a facility, net of any private or federal participation,
shall be paid pursuant to memoranda of agreement between and within State agencies
reflective of their shared responsibilities to maximize the efficient and effective
use of State resources. In the event that a memorandum of agreement cannot be reached,
the Secretary of Administration shall make a final determination as to the manner
in which costs will be allocated.
(c) [Repealed.] (Added 2011, No. 41, § 3a; amended 2011, No. 41, § 3c, eff. April 1, 2013; 2019, No. 148 (Adj. Sess.), § 9, eff. Jan. 1, 2021.)
§ 808b. Repealed. 2019, No. 148 (Adj. Sess.), § 24, eff. Jan. 1, 2021.
§ 808c. Repealed. 2019, No. 148 (Adj. Sess.), § 24, eff. Jan. 1, 2021.
§ 808d. Repealed. 2023, No. 85 (Adj. Sess.), § 333, eff. July 1, 2024.
(Added 2011, No. 41, § 3a; amended 2019, No. 148 (Adj. Sess.), § 16, eff. Jan. 1, 2021.)
§ 808e. Absconding from furlough; warrant
(a) “Absconded” has the same meaning as “absconding” as defined in subdivision 724(d)(2)(C) of this title.
(b) The Commissioner of Corrections may issue a warrant for the arrest of a person who
has absconded from furlough status in violation of subsection 808(a) or section 723
or 808a of this title, requiring the person to be returned to a correctional facility.
A law enforcement officer who is provided with a warrant issued pursuant to this section
shall execute the warrant and return the person who has absconded from furlough to
the Department of Corrections.
(c) A person for whom an arrest warrant is issued pursuant to this section shall not earn
credit toward service of the person’s sentence for any days that the warrant is outstanding. (Added 2019, No. 77, § 11, eff. June 19, 2019; amended 2019, No. 148 (Adj. Sess.), § 17, eff. Jan. 1, 2021; 2023, No. 78, § E.338.4, eff. July 1, 2023.)
§ 809. Pardons; application; notice; hearing; decision
(a) When a person in confinement under sentence for a term of one year or more at any
correctional facility applies to the Governor for a pardon, the application shall
be in writing stating in substance the reasons for the application. If the Governor,
in his or her opinion, believes the reason stated in the application, if proved true,
would constitute cause for granting the pardon, within reasonable time he or she shall
designate a time and place for hearing the same. He or she shall cause notice of
the application and of the hearing to be given to the applicant and to the State’s
Attorney of the county in which the applicant was convicted and sentenced.
(b) At the hearing, the Governor may direct as to the method of procedure in all respects
and may adjourn the hearing from time to time as their convenience requires. When
a decision has been made, it shall be communicated in writing to the applicant and
to the State’s Attorney, and, at the direction of the Governor, may be published in
one or more newspapers published in the State. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 810. Conditional pardon; breach
(a) In his or her discretion, the Governor may grant a pardon for offenses against the
State upon the conditions as he or she judges proper. Until a person to whom a conditional
pardon is granted is excused from the performance of the conditions thereof, the Governor
shall have all the authority, rights, and powers over and in relation to the person
which he or she would have if he or she were surety in the case upon the recognizance
of the person before conviction, and he or she shall be the sole and exclusive judge
as to whether the conditions of the pardon have been violated. If, in the judgment
of the Governor, the conditions have been violated, he or she may cause the person
to be apprehended and returned to his or her former condition of custody that execution
of sentence may be complied with.
(b) Whenever a person is conditionally pardoned, the Commissioner shall be furnished with
a copy of the conditional pardon signed by the Governor, setting forth the name of
the person, the nature of the crime of which he or she was convicted, the date and
place of trial and sentence, and the terms of the conditional pardon. Such copy of
the conditional pardon shall be full authority for the exercise by the Commissioner
of all rights and powers over and in relation to the person prescribed by law and
the order of the Governor and shall be a sufficient warrant for the detention of the
person as provided in subsection (c) of this section.
(c) The Commissioner may detain for safekeeping at a correctional facility any person
who has allegedly violated the terms of his or her conditional pardon as ordered by
the Governor, pending a conference with the advisory Parole Board at its next regularly
scheduled meeting, or the Governor, such period of detention not to exceed 30 days.
The nature of the alleged violation shall be considered by the advisory Parole Board
and recommendation made to the Governor. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 811. Work camps; reduction of term
A reduction of up to 30 days in the minimum and maximum terms of confinement may be
made in accordance with a policy established by the director of a work camp in which
an inmate is confined for each month during which the inmate demonstrates, beyond
the level normally expected, consistent program performance or meritorious work performance. (Added 2005, No. 63, § 4.)
§ 812. Denial of good time credit
If during the term of confinement an inmate commits any offense or violates any rule
or regulation of the facility wherein he or she is confined, all or a portion of his
or her good behavior reductions for the month of the offense or violation may be denied.
Denial or forfeiture of good behavior reductions shall be in accordance with the rules
and regulations established by the Commissioner, and in accordance with the procedure
established in section 852 of this title. In addition, a maximum of 10 days of any previously earned reductions may be forfeited
for each subsequent offense or violation of any rule or regulation that occurs in
the same month. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1977, No. 149 (Adj. Sess.), § 1.)
§ 813. Restoration of reductions
The supervising officer of any facility wherein an inmate is confined may restore,
following the established procedures within the facility, any denied or forfeited
good behavior reductions or such portions thereof as he or she deems proper upon approval
of the Commissioner. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1977, No. 149 (Adj. Sess.), § 2.)
§ 814. Appointment of agent, attorney, or trustee for an inmate
(a) A person confined under a sentence of imprisonment shall not be allowed to engage
actively in the pursuit of business or other economic interests unless he or she is
placed on work release pursuant to section 753 of this title. The person shall, however, have the same right to appoint an agent, attorney-in-fact,
or trustee to act in his or her own behalf with respect to his or her property or
economic interests as if he or she were not confined.
(b) Upon the application of a person confined or about to be confined under a sentence
of imprisonment, the Probate Division of the Superior Court within the jurisdiction
of which the inmate resided at the time of sentence or where the sentence was imposed
may appoint a trustee to safeguard his or her property and economic interests during
the period of his or her commitment. The trustee shall have such power and authority
as the court designates in the order of appointment but, unless the order otherwise
provides, shall have all the power and authority conferred by a general power of attorney. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
§ 815. Development of guidelines; visitation and recreation
(a) Those sheriffs who administer jails or county lock-ups shall provide all inmates reasonable
visitation and recreation opportunities.
(b) The Commissioner, in cooperation with those sheriffs who administer jails or county
lock-ups, shall develop guidelines for operation of those facilities, including the
provision of inmates with visitation and recreation. (Added 1993, No. 233 (Adj. Sess.), § 86, eff. June 21, 1994.)
§ 816. Inmate Recreation Fund
The Department shall accept monies generated by commissions on telephone services,
commissary sales, and sales of approved items not available on commissary by the Department
to inmates at its correctional facilities and shall establish with such monies an
inmate recreation special fund. The fund shall be used to provide postage to inmates
in a manner consistent with Department policy. The fund may be used for costs associated
with the oversight and accounting of inmate cash accounts. The fund may be used, at
the discretion of the Commissioner, to hire persons or purchase services, equipment,
and goods to establish or enhance recreation activities for inmates confined in any
of the Department’s facilities, and for voluntary inmate contributions that promote
the restoration of crime victims or communities. The inmates, through a process established
by the inmate recreation fund committee, may also choose to create a loan fund, the
operation of which shall be governed by rules adopted pursuant to 3 V.S.A. chapter
25, from which offenders may borrow in order to help them obtain housing upon release
from incarceration. (Added 1997, No. 155 (Adj. Sess.), § 17; amended 1999, No. 152 (Adj. Sess.), § 102a; 2001, No. 61, § 80, eff. July 1, 2002; 2001, No. 61, § 81, eff. July 1, 2005; 2001, No. 142 (Adj. Sess.), § 172; 2003, No. 66, § 169; 2005, No. 71, § 145; 2005, No. 215 (Adj. Sess.), § 161a, eff. May 31, 2006.)
§ 817. Creation of work camps; intent
It is the intent of the General Assembly that the creation of one or more new work
camps in fiscal year 2006 and after will help alleviate overcrowded conditions in
the State’s correctional facilities and permit Vermonters housed in out-of-state facilities
to be brought home to Vermont. The General Assembly specifically does not intend the
creation of new work camps to result in an increase in the total number of Vermont
offenders sentenced to incarceration. Therefore, specific plans and programs developed
by the Department of Corrections shall restrict placement in new work camps to those
offenders who have been convicted of a nonviolent offense and who have served a portion
of their current sentence within a correctional facility. No court shall impose a
sentence of imprisonment to be served initially or solely within the new facility. (Added 2005, No. 147 (Adj. Sess.), § 59, eff. May 15, 2006.)
§ 818. Earned time; reduction of term
(a) On or before September 1, 2020, the Department of Corrections shall file a proposed
rule pursuant to 3 V.S.A. chapter 25 implementing an earned time program to become effective on January 1, 2021. The Commissioner
shall adopt rules to carry out the provisions of this section as an emergency rule
and concurrently propose them as a permanent rule. The emergency rule shall be deemed
to meet the standard for the adoption of emergency rules pursuant to 3 V.S.A. § 844(a).
(b) The earned time program implemented pursuant to this section shall comply with the
following standards:
(1) The program shall be available for all sentenced offenders, including furloughed offenders,
provided that the program shall not be available to offenders on probation or parole,
to offenders eligible for a reduction of term pursuant to section 811 of this title, to offenders sentenced to serve an interrupted sentence, or to offenders sentenced
to life without parole. Offenders currently serving a sentence shall be eligible to
begin earning a reduction in term when the earned time program becomes effective.
Notwithstanding this subdivision (1), when an offender has been convicted of a disqualifying
offense, the offender’s ability to participate and earn time in the program shall
be determined pursuant to subdivision (5) of this subsection.
(2) Offenders shall earn a reduction of seven days in the minimum and maximum sentence
for each month during which the offender:
(A) is not adjudicated of a major disciplinary rule violation; and
(B) is not reincarcerated from the community for a violation of release conditions, provided
that an offender who loses a residence for a reason other than fault on the part of
the offender shall not be deemed reincarcerated under this subdivision.
(3) An offender who receives post-adjudication treatment in a residential setting for
a substance use disorder shall earn a reduction of one day in the minimum and maximum
sentence for each day that the offender receives the inpatient treatment. While a
person is in residential substance abuse treatment, he or she shall not be eligible
for earned time except as provided in this subsection.
(4) The Department shall:
(A) ensure that all victims of record are notified of the earned time program at its outset
and made aware of the option to receive notifications from the Department pursuant
to this subdivision;
(B) provide timely notice not less frequently than every 90 days to the offender, and
to any victim who opts to receive the notice, any time the offender receives a reduction
in the offender’s term of supervision pursuant to this section;
(C) maintain a system that documents and records all such reductions in each offender’s
permanent record; and
(D) record any reduction in an offender’s term of supervision pursuant to this section
on a monthly basis and ensure that victims who want information regarding changes
in an offender’s minimum release date have access to such information.
(5) Notwithstanding 1 V.S.A. § 214, an offender who was serving a sentence for a disqualifying offense on January 1,
2021 shall not earn any earned time sentence reductions under this section after the
effective date of this act. This subdivision (5) shall not be construed to limit or
affect earned time that an offender has earned on or before the effective date of
this act.
(c) As used in this section:
(1) “Disqualifying offense” means:
(A) murder in violation of 13 V.S.A. § 2301;
(B) voluntary manslaughter in violation of 13 V.S.A. § 2304;
(C) kidnapping in violation of 13 V.S.A. § 2405;
(D) lewd and lascivious conduct with a child in violation of 13 V.S.A. § 2602, provided that the offense shall not be considered a disqualifying offense if the
offender is under 18 years of age, the child is at least 12 years of age, and the
conduct is consensual;
(E) sexual assault in violation of 13 V.S.A. § 3252(a) or (b);
(F) aggravated sexual assault in violation of 13 V.S.A. § 3253; or
(G) aggravated sexual assault of a child in violation of 13 V.S.A. § 3253a.
(2) “Interrupted sentence” means a sentence that is not served continuously, including
a sentence to be served in intervals or a sentence to the work crew. (Added 2019, No. 56, § 2, eff. June 10, 2019; amended 2019, No. 148 (Adj. Sess.), § 14, eff. July 13, 2020; 2021, No. 12, § 2, eff. April 26, 2021; 2025, No. 64, § 27, eff. June 12, 2025.)
§ 819. Repealed. 2019, No. 56, § 7(a), eff. July 1, 2021.
(Added 2019, No. 56, § 3, eff. June 10, 2019; repealed on July 1, 2021 by 2019, No. 56, § 7(a).)
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Subchapter 004: DISCIPLINE AND CONTROL OF INMATES
§ 851. General provisions
The supervising officer of each facility shall be responsible for the discipline,
control, and safe custody of the inmates therein. No inmate shall be punished except
under the order of the officer or of a deputy designated by him or her for the purpose,
nor shall any punishment be imposed otherwise than in accordance with the provisions
of this subchapter. (Added 1971, No. 199 (Adj. Sess.), § 20.)
§ 852. Disciplinary committee; hearing
(a) The supervising officer of each facility shall appoint a disciplinary committee where
appropriate from among the staff of the facility. The supervising officer may designate
himself or herself or a subordinate as chair of the committee. The Commissioner may
designate a hearing officer to hear evidence and make findings of fact and recommendations
to the committee.
(b) In disciplinary cases, which may involve the imposition of disciplinary segregation
or the loss of good time, the disciplinary committee or a designated hearing officer
shall conduct a fact-finding hearing pursuant to the following procedure:
(1) Notice of the charge and of the hearing shall be given to the inmate so charged.
(2) The inmate shall have an opportunity subject to reasonable rules to confront the person
bringing the charge.
(3) The inmate shall be entitled to be present and be heard at the hearing subject to
reasonable rules of conduct.
(4) The committee or hearing officer shall summon to testify any available witness or
other persons with relevant knowledge of the incident subject to reasonable rules.
The inmate charged may be permitted to question any person so summoned.
(5) The inmate charged may be assisted upon request in the preparation and presentation
of his or her case by an assigned employee of the facility if the supervising officer
determines, in his or her discretion, that the requested employee is reasonably available.
(c) If the charge against the inmate is sustained, the disciplinary committee may impose
appropriate punishment, which shall be reviewed in every case by the supervising officer. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 8; 1973, No. 206 (Adj. Sess.), § 4, eff. May 3, 1974.)
§ 853. Punishment; maintenance of records; recommendation of transfer
(a)(1) Except in serious cases as provided in subdivision (2) of this subsection, punishment
for a breach of the rules and regulations of the facility shall consist of deprivation
of privileges.
(2) Serious breaches of the rules and regulations shall include assault, escape, attempt
to escape, and other serious breaches. In cases involving a serious breach, the disciplinary
committee may recommend to the supervising officer of the facility, who may then order,
other forms of discipline in addition to or as substitution for a loss of privileges.
If the serious breach results in damage to State-owned property, the disciplinary
committee may fix an amount of restitution or reparation, which shall not exceed an
amount the inmate can or will be able to pay, and shall fix the manner of performance.
Other forms of discipline for a serious breach of the rules may include:
(A) Recommendation by the disciplinary committee and by the supervising officer to the
Commissioner that the inmate be transferred to another facility.
(B) Segregation, in accordance with the regulations of the Department, in a cell or room,
apart from the accommodations provided for inmates who are participating in programs
of the facility; provided:
(i) the period of such segregation shall not exceed 30 days consecutively;
(ii) he inmate shall be supplied with a sufficient quantity of wholesome and nutritious
food, which shall be of the same quantity and nutritional quality as that provided
to the general population of inmates at the facility;
(iii) adequate sanitary and other conditions required for the health of the inmate shall
be maintained; and
(iv) the supervising officer of the facility shall comply with any recommendation that
may be made by the facility’s physician for measures with respect to dietary needs
or conditions of segregation of each inmate required to maintain the health of the
inmate.
(b) No cruel, inhuman, or corporal punishment shall be used on any inmate, nor is the
use of force on any inmate justifiable except as provided by law.
(c) The supervising officer of any facility shall maintain a record of all breaches of
rules, the disposition of each case, and the punishment, if any, for each breach.
Each breach of the rules by an inmate shall be entered in the file of the inmate,
together with the disposition or punishment therefor. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1975, No. 21, § 2, eff. March 31, 1975; 1977, No. 57, § 1, eff. April 21, 1977; 1977, No. 264 (Adj. Sess.), § 1; 2005, No. 177 (Adj. Sess.), § 2.)
§ 854. Grievances
The Commissioner shall establish procedures to review the grievances of inmates. The
Commissioner may utilize the services of a hearing officer to review grievances.
Such procedures shall provide for the following:
(1) The review of grievances shall be by a person or persons other than the person or
persons directly responsible for the conditions or actions giving rise to the grievance.
(2) All inmates shall be allowed to communicate grievances directly to the Commissioner,
and an inmate’s right to file grievances shall not be restricted.
(3) All inmates shall be informed of the grievance procedure, which shall be available
to all inmates. (Added 1973, No. 206 (Adj. Sess.), § 5, eff. May 3, 1974.)
§ 855. Hearing officers
The Commissioner may appoint such hearing officers as are necessary to conduct administrative
hearings within the Department. (Added 1973, No. 206 (Adj. Sess.), § 6, eff. May 3, 1974.)
§ 856. Special management meals
(a) When an inmate misuses bodily waste or fluids, food, or eating utensils, the supervising
officer of the facility or his or her designee may order that the inmate be served
special management meals in lieu of regular inmate meals pursuant to this section.
(b)(1) When it appears to the supervising officer that an inmate may be subject to an order
to receive special management meals, the officer shall notify the inmate in writing
of the reason for the determination and the facility’s evidence for it.
(2)(A) Before being served special management meals, the inmate shall be provided an opportunity
to meet with a member of the facility’s staff not involved in the incident. The purpose
of the meeting shall be to serve as an initial check against mistaken decisions and
to determine whether there are reasonable grounds to believe that the inmate misused
bodily waste or fluids, food, or eating utensils.
(B) At a meeting between an inmate and a staff member held pursuant to this subdivision
(2), the inmate may identify any disagreement he or she has with the facility’s version
of the facts, identify witnesses who support his or her defense, identify any mitigating
circumstances that should be considered, and offer any other arguments that may be
appropriate. The inmate shall not have the right to cross-examine witnesses or to
call witnesses to testify on his or her behalf.
(c) If the officer determines that there are reasonable grounds to believe that the inmate
misused bodily waste or fluids, food, or eating utensils, the officer may order that
the inmate be served special management meals in lieu of regular inmate meals for
a maximum of seven consecutive days.
(d) When the supervising officer orders that an inmate be served special management meals,
a hearing officer designated by the officer shall conduct a fact-finding hearing within
48 hours pursuant to the following procedure:
(1) Notice of the charge and of the hearing shall be given to the inmate.
(2) The inmate shall have an opportunity, subject to reasonable rules, to confront the
person bringing the charge.
(3) The inmate shall have the right to be present and heard at the hearing subject to
reasonable rules of conduct.
(4) The hearing officer shall summon to testify any available witness or other persons
with relevant knowledge of the incident, subject to reasonable rules. The inmate charged
may be permitted to question any person who testifies pursuant to this subdivision.
(5) If the inmate so requests, he or she may be assisted in the preparation and presentation
of his or her case by an assigned employee of the facility if the supervising officer
determines in his or her discretion that the requested employee is reasonably available.
(e) If the hearing officer determines that a preponderance of the evidence does not establish
that the inmate misused bodily waste or fluids, food, or eating utensils, the supervising
officer shall discontinue service of special management meals to the inmate.
(f) The service of special management meals shall not be construed as punishment and shall
not be subject to the requirements of sections 851-853 of this title. (Added 2009, No. 58, § 21.)
§ 857. Administrative segregation; procedural requirements
(a) Except in emergency circumstances as described in subsection (b) of this section,
before an inmate is placed in administrative segregation, regardless of whether that
inmate has been designated as having a serious functional impairment under section 906 of this title, the inmate is entitled to a hearing pursuant to subsection 852(b) of this title.
(b) In the event of an emergency situation and at the discretion of the Commissioner,
an inmate may be placed in administrative segregation prior to receiving a hearing
as described in subsection 852(b) of this title. (Added 2015, No. 137 (Adj. Sess.), § 2, eff. May 25, 2016.)
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Subchapter 006: SERVICES FOR INMATES WITH SERIOUS FUNCTIONAL IMPAIRMENT
§ 905. Legislative intent
It is the intent of the General Assembly that the serious functional impairment designation
apply solely to individuals residing in a correctional facility and not to individuals
reentering the community after incarceration. (Added 2013, No. 123 (Adj. Sess.), § 1, eff. May 9, 2014; amended 2017, No. 74, § 119a.)
§ 906. Definitions
As used in this subchapter:
(1) “Serious functional impairment” means:
(A) a disorder of thought, mood, perception, orientation, or memory as diagnosed by a
qualified mental health professional, which substantially impairs judgment, behavior,
capacity to recognize reality, or ability to meet the ordinary demands of life and
which substantially impairs the ability to function within the correctional setting;
or
(B) a developmental disability, traumatic brain injury or other organic brain disorder,
or various forms of dementia or other neurological disorders, as diagnosed by a qualified
mental health professional, which substantially impairs the ability to function in
the correctional setting.
(2) “Qualified mental health professional” means a person with professional training,
experience, and demonstrated competence in the treatment of mental conditions or psychiatric
disabilities or serious functional impairments who is a physician, psychiatrist, psychologist,
social worker, nurse, or other qualified person determined by the Commissioner of
Mental Health.
(3) “Mental condition or psychiatric disability or disorder” means a condition that falls
under any Axis I diagnostic categories or the following Axis II diagnostic categories
as listed in the American Psychiatric Association’s Diagnostic and Statistical Manual
of Mental Disorders DSM-IV-TR Fourth Edition (Text Revision), as updated from time
to time: borderline personality disorder, histrionic personality disorder, developmental
disability, obsessive-compulsive personality disorder, paranoid personality disorder,
schizoid personality disorder, or schizotypal personality disorder.
(4) “Screening” means an initial survey, which shall be trauma-informed, to identify whether
an inmate has immediate treatment needs or is in need of further evaluation. (Added 1993, No. 224 (Adj. Sess.), § 1; amended 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 22; 2009, No. 26, § 2; 2013, No. 96 (Adj. Sess.), § 190.)
§ 907. Mental health service for inmates; powers and responsibilities of Commissioner
The Commissioner shall administer a program of trauma-informed mental health services
that shall be available to all inmates and shall provide adequate staff to support
the program. The program shall provide the following services:
(1)(A) Within 24 hours of admittance to a correctional facility, all inmates shall be screened
for any signs of mental illness, mental condition, psychiatric disability or disorder,
or serious functional impairment. If as a result of the screening it is determined
that the inmate is receiving services under the developmental disabilities home- and
community-based services waiver or is currently receiving community rehabilitation
and treatment services, he or she will automatically be designated as having a serious
functional impairment.
(B) Every inmate who is identified as a result of screening by a mental health professional
as requiring inpatient evaluation, treatment, or services shall, within 48 hours of
the screening, be provided with such treatment, evaluation, or services in a setting
appropriate to the clinical needs of the inmate.
(2) A thorough trauma-informed evaluation, conducted in a timely and reasonable fashion
by a qualified mental health professional, which includes a review of available medical
and psychiatric records. The evaluation shall be made of each inmate who:
(A) has a history of a mental condition or psychiatric disability or disorder;
(B) has received community rehabilitation and treatment services; or
(C) shows signs or symptoms of a mental condition or psychiatric disability or disorder
or of serious functional impairment at the initial screening or as observed subsequent
to entering the facility.
(3) The development and implementation of an individual treatment plan, when a clinical
diagnosis by a qualified mental health professional indicates an inmate has a mental
condition or psychiatric disability or disorder or from serious functional impairment.
The treatment plan shall be developed in accordance with best practices and explained
to the inmate by a qualified mental health professional.
(4) Access to a variety of services and levels of care consistent with the treatment plan
to inmates with a mental condition or psychiatric disability or disorder or serious
functional impairment. These services shall include, as appropriate, the following:
(A) Follow-up evaluations.
(B) Crisis intervention.
(C) Crisis beds.
(D) Residential care within a correctional institution.
(E) Clinical services provided within the general population of the correctional facility.
(F) Services provided in designated special needs units.
(G) As a joint responsibility with the Department of Mental Health and the Department
of Disabilities, Aging, and Independent Living, and working with designated agencies,
the implementation of discharge planning that coordinates access to services for which
the offender is eligible, developed in a manner that is guided by best practices and
consistent with the reentry case plan developed under subsection 1(b) of this title.
(H) Other services that the Department of Corrections, the Department of Disabilities,
Aging, and Independent Living, and the Department of Mental Health jointly determine
to be appropriate.
(5) Proactive procedures to seek and identify any inmate who has not received the enhanced
screening, evaluation, and access to mental health services appropriate for inmates
with a mental condition or psychiatric disability or disorder or a serious functional
impairment.
(6) Special training to medical and correctional staff to enable them to identify and
initially deal with inmates with a mental illness or disorder or a serious functional
impairment. This training shall include the following:
(A) Recognition of signs and symptoms of a mental condition or psychiatric disability
or disorder or a serious functional impairment in the inmate population.
(B) Recognition of signs and symptoms of chemical dependence and withdrawal.
(C) Recognition of adverse reactions to psychotropic medication.
(D) Recognition of improvement in the general condition of the inmate.
(E) Recognition of developmental disability.
(F) Recognition of mental health emergencies and specific instructions on contacting the
appropriate professional care provider and taking other appropriate action.
(G) Suicide potential and prevention.
(H) Precise instructions on procedures for mental health referrals.
(I) Any other training determined to be appropriate. (Added 1993, No. 224 (Adj. Sess.), § 1; amended 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 22; 2009, No. 26, § 2; 2013, No. 96 (Adj. Sess.), § 190; 2017, No. 78, § 5; 2017, No. 78, § 6, eff. July 1, 2019.)
§ 908. Access to mental health services; notice
The Commissioner shall ensure that notice of services available to inmates and the
manner in which those services are made available to inmates is widely disseminated
to staff and inmates throughout the Department. (Added 1993, No. 224 (Adj. Sess.), § 1.)