The Vermont Statutes Online

Title 28 : Public Institutions and Corrections

Chapter 011 : Supervision of Adult Inmates at the Correctional Facilities

Subchapter 004 : DISCIPLINE AND CONTROL OF INMATES

• § 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.)