The Vermont Statutes Online

Title 28 : Public Institutions and Corrections

Chapter 003 : Administration of the Department

• [Repealed effective July 1, 2025.]

  § 123. Department of Corrections Monitoring Commission

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

  (b) Members.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  (3) Monitor the Department in the following areas:

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

  (B) compliance with the Prison Rape Elimination Act;

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

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

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

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

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

  [Subdivision (c)(4) repealed effective July 1, 2024.]

  (4) Beginning on January 1, 2023, submit an annual report to the Commissioner of Corrections, the Secretary of Human Services, the House Committees on Corrections and Institutions and on Government Operations, and the Senate Committees on Judiciary and on Government Operations on metrics that assess the Department’s performance in the areas identified in subdivision (3) of this subsection, including listing the number of complaints of retaliation and complaints of sexual misconduct and the outcomes of those complaints; identifying areas of repeated noncompliance with policies, procedures, and directives; and providing recommendations for improving compliance and eliminating instances of sexual misconduct in the Department of Corrections.

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

  (e) Meetings.

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

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

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

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

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

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

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

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