The Vermont Statutes Online

Title 28 : Public Institutions and Corrections

Chapter 011 : Supervision of Adult Inmates at the Correctional Facilities

Subchapter 003 : Care of Inmates

• § 820. Prison rape elimination standards

  (a) The Department of Corrections shall adopt and comply with the Prison Rape Elimination Act national standards, 28 C.F.R. Part 115, in effect as of January 1, 2024, for the prevention, detection, and monitoring of, and response to, sexual abuse in correctional facilities, including:

  (1) zero tolerance of sexual abuse;

  (2) contracting with other entities for the confinement of inmates;

  (3) inmate or detainee supervision;

  (4) heightened protection for vulnerable detained individuals;

  (5) limits to different-gender viewing and searches;

  (6) accommodating inmates with special needs;

  (7) hiring and promotion decisions;

  (8) assessment and use of monitoring technology;

  (9) evidence protocol and forensic medical examinations;

  (10) agreements with outside public entities and community service providers;

  (11) agreements with outside law enforcement agencies;

  (12) agreements with the prosecuting authority;

  (13) employee training;

  (14) volunteer and contractor training;

  (15) inmate education;

  (16) attorney and contractor notification of agency zero-tolerance policy;

  (17) specialized training related to investigations;

  (18) specialized training related to medical care, including mental health care;

  (19) screening for risk of victimization and abusiveness;

  (20) use of screening information;

  (21) inmate reporting;

  (22) exhaustion of administrative remedies;

  (23) inmate access to outside confidential support services or legal representation;

  (24) third-party reporting;

  (25) staff and facility or agency head reporting duties;

  (26) reporting to other confinement facilities;

  (27) staff first responder duties;

  (28) coordinated response;

  (29) agency protection against retaliation;

  (30) duty to investigate;

  (31) criminal and administrative agency investigations;

  (32) evidence standard for administrative investigations;

  (33) disciplinary sanctions for staff;

  (34) disciplinary sanctions for inmates;

  (35) referrals for prosecution for inmate-on-inmate sexual abuse;

  (36) medical screenings, including mental health screenings, related to history of sexual abuse;

  (37) access to emergency medical services, including mental health services;

  (38) ongoing medical care, including mental health care, for sexual abuse victims and abusers;

  (39) immediate and ongoing access to sexual assault crisis services;

  (40) sexual abuse incident reviews;

  (41) data collection;

  (42) data review for corrective action;

  (43) data storage, publication, and destruction; and

  (44) audits of standards.

  (b) Starting in 2027, the Commissioner of Corrections shall annually submit a report to the House Committee on Corrections and Institutions and the Senate Committee on Institutions that provides the data required under 28 C.F.R. § 115.87.

  (c) On or before January 15, 2027, the Commissioner of Corrections shall adopt policies to implement the provisions of subsection (a) of this section. (Added 2025, No. 117 (Adj. Sess.), § 6, eff. July 1, 2026.)