§ 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.)