28 V.S.A. | Title 28 — Public Institutions and Corrections

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Chapter 1 Purposes, Construction, and General Definitions

§ 1 Purposes

(a) The Department of Corrections created by 3 V.S.A. § 3081 shall have the purpose of developing and administering a correctional program designed to protect persons and property against offenders of the criminal law and to render treatment to offenders with the goal of achieving their successful return and participation as citizens of the State and community, to foster their human dignity and to preserve the human resources of the community.

(b) The Department shall formulate its programs and policies recognizing that almost all criminal offenders ultimately return to the community, and that the traditional institutional prisons fail to reform or rehabilitate, operating instead to increase the risk of continued criminal acts following release. The Department shall develop and implement a comprehensive program that will provide necessary closed custodial confinement of frequent, dangerous offenders, but that also will establish as its primary objective the disciplined preparation of offenders for their responsible roles in the open community. The Department shall ensure that the comprehensive program required by this subsection includes a process by which each offender sentenced to any term of imprisonment other than for life without parole, within 30 days after receiving his or her sentence, shall begin to develop and implement a plan preparing for return to the community.

(c) In order to implement its programs and policies the Department shall develop and maintain correctional facilities that shall include both residence-centered institutions and facilities reflecting nonresidence principles designed to facilitate the reintegration of the offender into the community. These facilities shall utilize the supporting resources of probation and parole services, the increased cooperation of personnel in the fields of welfare, health, and education, and the increased participation of the citizens of the State in attempts to achieve correctional purposes and objectives.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 2005, No. 63, § 17.)

§ 2 Construction

(a) The provisions of this title shall be liberally construed in order to effectuate the general purposes stated in section 1 of this title.

(b) The discretionary powers authorized by this title shall be exercised in accordance with the criteria stated in the title. If these criteria are not dispositive in a particular instance, the general purposes established in section 1 of this title shall be controlling.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 2a Restorative justice

(a) State policy. It is the policy of this State that principles of restorative justice be included in shaping how the criminal justice system responds to persons charged with or convicted of criminal offenses, and how the State responds to persons who are in contempt of child support orders. The policy goal is a community response to a person’s wrongdoing at its earliest onset, and a type and intensity of sanction tailored to each instance of wrongdoing. Policy objectives are to:

(1) Resolve conflicts and disputes by means of a nonadversarial community process.

(2) Repair damage caused by criminal acts to communities in which they occur, and to address wrongs inflicted on individual victims.

(3) Reduce the risk of an offender committing a more serious crime in the future, that would require a more intensive and more costly sanction, such as incarceration.

(b) Implementation. It is the intent of the General Assembly that law enforcement officials develop and employ restorative justice approaches whenever feasible and responsive to specific criminal acts, pursuant to 3 V.S.A. §§ 163 and 164, concerning court diversion; 13 V.S.A. chapter 221, concerning sentencing; and the provisions of this title, concerning persons in the custody of the Commissioner of Corrections. It is the further intent of the General Assembly that such restorative justice programs be designed to encourage participation by local community members, including victims, when they so choose, as well as public officials, in holding offenders accountable for damage caused to communities and victims, and in restoring offenders to the law-abiding community, through activities:

(1) That require offenders to:

(A) acknowledge wrongdoing and apologize to victims;

(B) make restitution for damage to the victims, consistent with provisions of 13 V.S.A. chapter 221 and of this title;

(D) when relevant, successfully complete treatment addressing the offense or other underlying problematic behavior, or undertake academic or vocational training or other self-improving activity.

(2) That aid in the recovery of victims, recognizing that victims, particularly of violent crime, often suffer lifelong effects and, accordingly, must feel safe and involved in any program offered to assist them.

(3) That help in identifying the causes of crime and ways community members and municipal and State government can reduce or prevent crime in the future.

(Added 1999, No. 148 (Adj. Sess.), § 62, eff. May 24, 2000; amended 2011, No. 119 (Adj. Sess.), § 8.)

§ 3 General definitions

As used in this title:

(1) “Child” means any person:

(A) charged with having committed a delinquent act as defined in 33 V.S.A. § 5102 or adjudicated a delinquent and committed to the custody of the Commissioner; or

(B) charged with being or adjudicated unmanageable as defined by 33 V.S.A. § 5102(3)(C) and (D), and committed to the custody of the Commissioner for Children and Families and subsequently transferred to the custody of the Commissioner.

(2) “Commissioner” means the Commissioner of Corrections.

(3) “Correctional facility” or “facility” means any building, enclosure, space, or structure of or supported by the Department and used for the confinement of persons committed to the custody of the Commissioner, or for any other matter related to such confinement.

(4) “Department” means the Department of Corrections.

(5) “Inmate” means any person, not a child, committed to the custody of the Commissioner pursuant to the law of the State and subsequently committed to a correctional facility and any person confined at a correctional facility during the pendency of a prosecution against him or her.

(6) “Law” includes the laws and ordinances of the State, its political subdivisions, and municipalities.

(7) “Law enforcement officer” means a State Police officer, a sheriff, a deputy sheriff, a municipal police officer, a constable, the Commissioner, or a member of the Department of Corrections when appointed in writing by the Commissioner and when his or her appointment is filed in the Office of the Secretary of State. The Commissioner or such member shall have the same powers as a sheriff.

(8) “Offender” means any person convicted of a crime or offense under the laws of this State, and, for purposes of work crew, a person found in civil contempt under 15 V.S.A. § 603.

(9) “Supervising officer” means the highest administrative officer in charge of any correctional facility.

(10) “Correctional officer” means any person who is an employee of the Department of Corrections whose official duties or job classification includes the supervision or monitoring of a person on parole, probation, or serving any sentence of incarceration whether inside or outside a correctional facility, and who has received training, as approved by the Commissioner of Corrections, as provided in section 551a of this title.

(11) “Restorative justice program” means a program developed and implemented by the Commissioner, consistent with State policy and legislative intent as provided by section 2a of this title.

(12) Despite other names this concept has been given in the past or may be given in the future, “segregation” means a form of separation from the general population that may or may not include placement in a single-occupancy cell and that is used for disciplinary, administrative, or other reasons, but shall not mean confinement to an infirmary or a residential treatment setting for purposes of evaluation, treatment, or provision of services.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 152 (Adj. Sess.), § 1; 1999, No. 148 (Adj. Sess.), § 63, eff. May 24, 2000; 2011, No. 119 (Adj. Sess.), § 9; 2013, No. 131 (Adj. Sess.), § 130; 2017, No. 78, § 3.)

§ 4 Standard measure of recidivism

The Department shall calculate the rate of recidivism based upon offenders who are sentenced to more than one year of incarceration who, after release from incarceration, return to prison within three years for a conviction for a new offense or a violation of supervision resulting, and the new incarceration sentence or time served on the violation is at least 90 days.

(Added 2013, No. 41, § 1, eff. May 20, 2013.)

Chapter 3 Administration of the Department

§ 101 Powers of the Department

The Department is charged with the following powers:

(1) to establish, maintain, and administer such State correctional facilities and programs as may be required for the custody, control, correctional treatment, and rehabilitation of committed persons, and for the safekeeping of such other persons as may be committed to the Department in accordance with law;

(2) to operate diagnostic and treatment programs and such other programs deemed desirable to treat persons committed to the Department and to further other purposes and objectives of this title;

(3) to administer the supervision of persons placed on probation and released on parole and to administer probation and parole services;

(4) to employ such officers, employees and agents as deemed necessary to discharge the functions of the Department;

(5) to establish standards for the management, operation, personnel, and program of all correctional facilities in the State;

(6) to act in an advisory capacity in assisting law enforcement agencies, and communities in the prevention of crime and delinquency;

(7) to enforce and administer such other laws as may be vested in the Department;

(8) to enter into agreements for assistance in support of the operation of jails or lockups in accordance with criteria established by the Department, and to use the jails or lockups as provided in this title;

(9) notwithstanding any other provision of law, the State and the Department shall not be responsible for the expense of detaining a person in custody except as provided in this title;

(10) to charter, establish, and fund through grants such municipal entities or nonprofit organizations as may be required for providing crime prevention and restorative justice programs for offenders, victims of crime, and the public.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1981, No. 185 (Adj. Sess.), § 1, eff. April 22, 1982; 1997, No. 147 (Adj. Sess.), § 106b; 1999, No. 148 (Adj. Sess.), § 64, eff. May 24, 2000.)

§ 102 Commissioner of Corrections; appointment; powers; responsibilities

(a) The Department is under the direction of the Commissioner, who shall be appointed by the Secretary of Human Services with the approval of the Governor and shall serve at the pleasure of the Secretary. The Commissioner’s salary shall be fixed by the Governor within the appropriation for that purpose.

(b) The Commissioner is charged with the following powers:

(1) To supervise the administration of the Department.

(2) To exercise supervisory power over and to establish and administer programs and policies for the operation of the correctional facilities of the Department and for the correctional treatment of persons committed to the custody of the Commissioner.

(3) To appoint and remove a Deputy Commissioner as provided in 3 V.S.A. § 3053 and delegate appropriate powers and duties to the Deputy.

(4) To appoint and remove subordinate officers of the Department in accordance with law, and, notwithstanding the provisions of any other statute or law, to delegate any authority conferred on him or her by statute to any designee named by him or her in writing.

(5) To order the assignment and transfer of persons committed to the custody of the Commissioner to correctional facilities, including out-of-state facilities.

(6) To establish, consolidate, or abolish divisions within the Department and to establish, consolidate, or abolish bureaus, special units, and other subdivisions in any division.

(7) To accept and receive, on behalf of the Department or any facility thereof, any bequest or gift of personal or real property made to the Department or any facility thereof and to hold and use the property for the purposes specified in such bequest, devise, or gift.

(8) To cooperate with and accept funds from the federal government or any agency thereof for the purpose of exercising the powers and responsibilities stated in this section.

(9) To conduct any necessary inquiry or investigation into matters related to correctional programs and responsibilities of the Department.

(10) To utilize the resources of the Department to apprehend any person escaping from a correctional facility. In performing such function, the Commissioner and any authorized employee of the Department shall have all the power and authority of a law enforcement officer.

(11) To contract for services or purchase, lease, or rent personal property to carry out the functions of the Department and to lease or rent month to month residential housing for community-based probation and parole programs. All other real property required by corrections programs shall be purchased, leased, or rented by the Commissioner of Buildings and General Services.

(12) To enter into contracts with private collection agencies for the collection of supervisory fees imposed by this title and fines, penalties, and restitution imposed under Title 13. The Commissioner may agree to pay collection agencies a fixed rate for services rendered or a percentage of the amount collected that shall be added to any amounts and may be recovered as an administrative cost of collection. Any such fixed rate or percentage may be deducted directly by the collection agency on a pro rata basis from any portion of the money so collected.

(13) To establish community reparative boards pursuant to chapter 12 of this title.

(14) To delegate to locally established boards or justice centers, the authority to assist, through use of community resources, in developing and implementing restorative justice programs for offenders, victims of crime, and members of the community.

(15) To rely upon the expertise of Department employees to provide core and substantive supervision of offenders and risk assessment determinations for the delivery of correctional services in both residential and nonresidential settings.

(16) With the approval of the Secretary of Human Services, to accept federal grants made available through federal crime bill legislation, provided that the Commissioner shall report the receipt of a grant under this subdivision to the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions.

(1) To make rules and regulations for the governing and treatment of persons committed to the custody of the Commissioner, the administration of correctional facilities, and the regulation of employees under the jurisdiction of the Commissioner.

(2) To establish and operate correctional diagnostic centers.

(3) To establish and maintain at each correctional facility a program of treatment designed as far as practicable to prepare and assist each inmate to assume his or her responsibilities and to participate as a citizen of the State and community.

(4) To establish facilities and develop programs to provide inmates at correctional facilities with such educational and vocational training deemed to be appropriate to the treatment of the inmates.

(5) To prescribe rules and regulations for the maintenance of discipline and control at each correctional facility.

(6) To maintain security, safety, and order at the correctional facilities and act to subdue any disorder, riot, or insurrection that may occur at any facility. The Commissioner, for such purpose, may enlist the assistance of any citizen of the State and shall have the obligation to render reasonable compensation to any person providing such assistance.

(7) To establish, maintain, and administer such regional or other community correctional facilities as are necessary for the confinement and treatment of inmates either before or after the conviction of any offense and to use the jails and lockups as provided in this title. Such facilities shall be used for the confinement of persons awaiting court disposition and the confinement of inmates serving short terms and such other inmates as may be assigned to such facilities for furloughs, work release, and other prerelease treatment.

(8) To establish in any appropriate correctional facility a system of classification of inmates, to establish a program for each inmate upon his or her commitment to the facility and to review the program of each inmate at regular intervals, and to effect necessary and desirable changes in the inmate’s program of treatment.

(9) To develop and maintain research programs and collect statistical information concerning persons committed to the custody of the Commissioner, sentencing practices, and correctional treatment.

(10) To inspect at regular intervals all correctional facilities.

(11) To close any correctional facility that he or she deems inadequate.

(12) To establish training programs for new employees and to establish such in-service training programs as he or she deems advisable.

(13) [Repealed.]

(14) To collect a fee up to the amount of $30.00 per month as a supervisory fee from each person under the supervision of the Department who is on probation, furlough, pre-approved furlough, supervised community sentence, or parole. Supervisory fees collected by the Department shall be credited to a special supervision and victim restitution fund, established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, for this purpose. The Commissioner shall adopt rules governing the collection of supervisory fees, including the maximum period of time offenders are subject to supervision fees and the offender’s ability to pay such fees.

(15) To lease farms or lands, with the approval of the Department of Buildings and General Services in accordance with 29 V.S.A. § 160, and to administer and manage such farms.

(16) To exercise all powers and perform all duties established in the Office of Commissioner by the Agency of Human Services and stated in 3 V.S.A. §§ 3052 and 3053.

(17) To exercise all powers and perform all duties necessary and proper in carrying out his or her responsibilities and in fulfilling the purposes and objectives of this title.

(18) To establish within the Department programs for inmates to participate in work, industry, community service, public works activities, and employment at correctional facilities.

(19) If a treaty in effect between the United States and a foreign country provides for the transfer or exchange of a convicted and sentenced offender to the country of which the offender is a citizen or national, the Commissioner may, with the written consent of such offender obtained only after the opportunity to consult with counsel, and in accordance with the terms of the treaty, consent to the transfer or exchange of any such offender and take any other action necessary to initiate the participation of the State in the treaty.

(20) To utilize the Department of Buildings and General Services’ competitive bidding practices in order to determine the most effective and cost-effective alternatives for housing inmates in any out-of-state correctional facility.

(21) The Commissioner is authorized to contract for payment processing services for receiving deposits to inmate financial accounts. The Department, directly or through a processing agent, may assess a fee for deposits to each account so long as the fee does not exceed the costs incurred.

(22) To notify local and State law enforcement officers of the following information regarding a person released from incarceration on probation, parole, or furlough and residing in the community: name; address; conditions imposed by the court, parole board, or Commissioner; and the reason for placing the person in that community.

[Subdivision (c)(23) effective until July 1, 2028.]

(23) To include the Coordinated Justice Reform Advisory Council’s appropriation recommendations made pursuant to subdivision 126(c)(5) of this title in the Department’s annual proposed budget for the next subsequent fiscal year for the purposes of developing the State budget required to be submitted to the General Assembly in accordance with 32 V.S.A. § 306.

(24) To provide and sustain trauma-informed family support services and programming pursuant to section 128 of this title.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 1; 1977, No. 233 (Adj. Sess.), § 5a, eff. April 17, 1978; 1981, No. 185 (Adj. Sess.), § 2, eff. April 22, 1982; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1993, No. 54, § 1; 1995, No. 178 (Adj. Sess.), § 116; 1995, No. 185 (Adj. Sess.), § 47, eff. May 22, 1996; 1995, No. 186 (Adj. Sess.), § 34; 1997, No. 155 (Adj. Sess.), §§ 15, 16; 1999, No. 148 (Adj. Sess.), § 65, eff. May 24, 2000; 2001, No. 65, § 10, eff. June 16, 2001; 2001, No. 142 (Adj. Sess.), § 170; 2001, No. 149 (Adj. Sess.), § 43, eff. June 27, 2002; 2005, No. 177 (Adj. Sess.), § 3; 2007, No. 76, § 33d; 2007, No. 179 (Adj. Sess.), § 2; 2009, No. 33, § 48; 2009, No. 43, § 34; 2009, No. 157 (Adj. Sess.), § 17a; 2011, No. 139 (Adj. Sess.), § 21, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 167; 2023, No. 40, § 3, eff. July 1, 2023; 2023, No. 40, § 4(a), eff. July 1, 2028; 2023, No. 161 (Adj. Sess.), § 34, eff. June 6, 2024; 2025, No. 64, § 32, eff. June 12, 2025.)

§ 103 Inquiries and investigations into the administration of the Department

(a) The Commissioner at all times shall have unlimited access to all correctional facilities and to all records and books at the facilities, and may conduct inquiries and investigations concerning all matters under his or her jurisdiction.

(b) The Commissioner may seek the cooperation of any judge, prosecuting officer, sheriff, police officer, or other court or law enforcement official or employee possessing information relating to an inquiry or investigation conducted in accordance with subsection (a) of this section.

(c) In any inquiry or investigation conducted by the Commissioner, he or she shall have the same powers as are possessed by Superior Court judges in chambers, and which shall include the power to:

(1) administer oaths;

(2) compel the attendance of witnesses; and

(3) compel the production of documentary evidence.

(d) If any person disobeys any lawful order or subpoena issued by the Commissioner pursuant to this section or refuses to testify to any matter regarding which he or she may be questioned lawfully, any Superior Court judge, upon application by the Commissioner, shall order the obedience of the person in the same manner as if the person had disobeyed an order or subpoena of the Superior Court judge.

(e) The fees and traveling expenses of witnesses shall be the same as are allowed witnesses in the Superior Courts of the State and shall be reimbursed by the Commissioner out of any appropriation or funds at the disposal of the Department.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 185.)

§ 104 Notification of community placements

(a) The Department shall provide notice when appropriate and at the Department’s sole discretion to affected State, county, and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community whenever an offender is released under furlough after serving a sentence of incarceration in a correctional facility. The notice may include the offender’s name and any aliases, a recent photograph and physical description, community placement address, criminal history, current offense or offenses, and home address, plus a description and license number of any motor vehicle used by the offender, and the name, address, and telephone number of the correctional entity supervising the offender.

(b) The Department shall provide notice to affected State, county, and local criminal justice entities and to local legislative bodies for the purposes of permitting public input and enhancing offender reintegration into the community, at the point at which the Department has made arrangements to house in any apartment, duplex, or other kind of housing three or more offenders. If the housing concerned was not previously used to house offenders, such notice shall be given at least 15 days prior to placing any offender in such housing. If the housing concerned had previously housed one or two offenders only, such notice shall be given at least 15 days prior to placing a third offender in such housing.

(c) The Commissioner shall not implement this section until rules for doing so have been adopted. Such rules shall be adopted not later than September 1, 1999 through use of emergency rule-making procedures, if necessary.

(d) [Repealed.]

(e) The Commissioner of Corrections shall annually, by January 15, report to the House Committee on Corrections and Institutions and the Senate Committee on Institutions on the implementation of this section during the previous 12 months.

(Added 1999, No. 29, § 56, eff. May 19, 1999; amended 1999, No. 148 (Adj. Sess.), § 69, eff. May 24, 2000; 2011, No. 139 (Adj. Sess.), § 22, eff. May 14, 2012.)

§ 105 Caseload capacity

(a) Corrections officers designated to work exclusively with offenders in the community who are 21 years of age and younger shall have caseloads of not more than 25 youths.

(b) The Department shall review the severity of offenses and assess the risk to reoffend of all offenders older than 21 years of age under its jurisdiction in the community and assign one of the following levels of supervision to each offender:

(1) Risk management supervision, which shall mean supervision at a level of intensity that includes case planning and measures to reduce risk of reoffense.

(2) Response supervision, which shall mean monitoring of the offender’s compliance with conditions of probation or parole, including staff responding to violation behavior.

(3) Administrative supervision, which shall mean monitoring of the offender’s address and compliance with the law.

(d) The Department shall establish the following caseload ranges for offender profiles:

(1) All listed offenders requiring risk management shall be supervised at not more than 45 offenders per corrections officer.

(2) All nonlisted offenders requiring risk management shall be supervised at not more than 60 offenders per corrections officer.

(3) All offenders requiring response supervision shall be supervised at not more than 150 offenders per corrections officer.

(4) All offenders requiring administrative supervision may be supervised on caseloads consistent with the capacity of automated status reporting systems as established by the Department.

(5) When there is a mixed profile caseload in which a single corrections officer supervises offenders with different supervision levels and at least one-third of the offenders require a more intensive supervision demand than the other offenders, the caseload shall be supervised at the lowest level of offender-to-staff ratio.

(e) If the caseloads established in subsection (d) of this section are exceeded for longer than 120 days, the Commissioner shall be authorized to designate community correctional officers to partially augment staffing caseloads. If such designation does not remedy the excess caseloads:

(1) The Commissioner shall report to the Joint Legislative Justice Oversight Committee the causes for the excess and proposals for addressing them.

(2) The Department shall have the authority, if the Commissioner believes that the excess will not be eliminated within 60 days, to hire persons from the positions drawn from the State’s vacancy pool as limited service employees for an initial period of up to one year. The initial period may be extended for up to two more years if the Department deems it necessary.

(f) Each time a position is established under subdivision (e)(2) of this section, the Commissioner shall report it at the next meeting of the Joint Corrections Oversight Committee. The costs for each position shall be presented in the Department’s budget adjustment proposal and, if the positions are necessary for an ongoing period, in the Department’s annual budget request.

(Added 2007, No. 179 (Adj. Sess.), § 6; amended 2019, No. 131 (Adj. Sess.), § 281.)

§ 106 Systems approach to community supervision of sex offenders

(a) The Department of Corrections shall establish a comprehensive systems approach to the management of sex offenders, which employs longer and more intensive community supervision of high-risk sex offenders. To accomplish this, the Department shall employ probation officers with training in the management of sex offenders sufficient to provide intensive community supervision and may use polygraph tests and prerelease and post incarceration treatment to promote rehabilitation.

(b) The Department shall create multidisciplinary case management teams, each involving as appropriate a probation or parole officer with training in supervision of sex offenders, a treatment provider, a victim’s advocate, a representative of the Department for Children and Families, and a forensic polygraph examiner. These professionals shall collaborate, prioritizing community safety and the protection of former victims, and shall participate and cooperate in compliance with 13 V.S.A. § 5415 with the local special investigation unit. These teams shall address the specific treatment and supervision needs of a particular offender to enhance protection of the public, to assist that offender in reintegrating safely into the community, to support and protect known victims, and to respond to any new concerns about risk of reoffense.

(c) The Department of Corrections shall designate and train probation and parole officers in each district office to supervise sex offenders, to provide consistent and intensive case management, and to impose and enforce conditions uniquely suited to aiding the offenders’ reintegration into the community. These officers shall not have a caseload of more than 45 offenders, except that a mixed caseload shall be managed pursuant to subdivision 105(d)(5) of this title.

(Added 2009, No. 1, § 42.)

§ 107 Offender and inmate records; confidentiality; exceptions; corrections

(a)(1) The Commissioner shall adopt a rule pursuant to 3 V.S.A. chapter 25 defining what are “offender and inmate records” produced or acquired by the Department.

(2) As used in this section, the phrase “offender and inmate records” means the records defined under the rule required under subdivision (1) of this subsection.

(b) Offender and inmate records are exempt from public inspection and copying under the Public Records Act and shall be kept confidential, except that the Department:

(1) Shall release or permit inspection of such records if required under federal or State law, including 42 U.S.C. §§ 10805 and 10806 (Protection and Advocacy Systems).

(2) Shall release or permit inspection of such records pursuant to a court order for good cause shown or, in the case of an offender or inmate seeking records relating to him or her in litigation, in accordance with discovery rules.

(3) Shall release or permit inspection of such records to a State or federal prosecutor as part of a criminal investigation pursuant to a court order issued ex parte if the court finds that the records may be relevant to the investigation. The information in the records may be used for any lawful purpose but shall not otherwise be made public.

(4) Shall release or permit inspection of such records to the Department for Children and Families for the purpose of child protection, unless otherwise prohibited by law.

(5) Shall release or permit inspection of specific categories or types of offender and inmate records to specific persons, or to any person, in accordance with a rule that the Commissioner shall adopt pursuant to 3 V.S.A. chapter 25, provided that the Commissioner shall redact any information that may compromise the safety of any person, or that is required by law to be redacted, prior to releasing or permitting inspection of such records under the rule. The rule shall provide for disclosure of a category or type of record in either of the following circumstances:

(A) when the public interest served by disclosure outweighs the privacy, security, or other interest in keeping the record confidential; or

(B) in order to provide an offender or inmate access to offender and inmate records relating to him or her, unless:

(i) the category or type of record is confidential or exempt from disclosure under a law other than this section;

(ii) providing access would unreasonably interfere with the Department’s ability to perform its functions, including unreasonable interference due to the staff time or other cost associated with providing a category or type of record; or

(iii) providing access may compromise the health, safety, security, or rehabilitation of the offender or inmate or of another person.

(c)(1) Unless otherwise provided in this section or required by law, the rule required under subdivision (b)(5) of this section:

(A) shall specify the categories or types of records to be disclosed and to whom they are to be disclosed, and shall not provide for any exceptions to disclosure of records that fall within these categories or types except for redactions required by law;

(B) shall specify which categories or types of records relating to an offender or inmate shall be provided to the offender or inmate as a matter of course and which shall be provided only upon request;

(C) may limit the offender’s or inmate’s access to include only records produced or acquired in the year preceding the date of the request;

(D) may limit the number of requests by an offender or inmate that will be fulfilled per calendar year, provided that the Department fulfills at least two requests by the offender or inmate per calendar year excluding any release of records ordered by a court;

(E) may specify circumstances when an offender’s or inmate’s right of access will be limited to an inspection overseen by an agent or employee of the Department;

(F) may provide that the Department has no obligation to provide an offender or inmate a record previously provided if he or she still has access to the record; and

(G) shall reflect the Department’s obligation not to withhold a record in its entirety on the basis that it contains some confidential or exempt content, to redact such content, and to make the redacted record available.

(2) The Department shall provide records available to an offender or inmate under the rule free of charge, except that if the offender or inmate is responsible for the loss or destruction of a record previously provided, the Department may charge him or her for a replacement copy at $0.01 per page.

(d) Notwithstanding the provisions of 1 V.S.A. chapter 5, subchapter 3 (Public Records Act) that govern the time periods for a public agency to respond to a request for a public record and rights of appeal, the Commissioner shall adopt a rule pursuant to 3 V.S.A. chapter 25 governing response and appeal periods and appeal rights in connection with a request by an offender or inmate to access records relating to him or her maintained by the Department. The rule shall provide for a final exhaustion of administrative appeals not later than 45 days from the Department’s receipt of the initial request.

(e) An offender or inmate may request that the Department correct a fact in a record maintained by the Department that is material to his or her rights or status, except for a determination of fact that resulted from a hearing or other proceeding that afforded the offender or inmate notice and opportunity to be heard on the determination. The rule required under subsection (d) of this section shall reference that requests for such corrections are handled in accordance with the Department’s grievance process. If the Department issues a final decision denying a request under this subsection, the offender or inmate may appeal the decision to the Civil Division of the Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure. The court shall not set aside the Department’s decision unless it is clearly erroneous.

(Added 2015, No. 137 (Adj. Sess.), § 5, eff. May 25, 2016; amended 2017, No. 192 (Adj. Sess.), § 1, eff. May 30, 2018.)

§§ 108-119 [Reserved for future use.]

§ 120 Department of Corrections education program; independent school

(a) Authority. An education program is established within the Department of Corrections for the education of persons who have not completed secondary education or are assessed to have a moderate-to-high criminogenic need by one or more corrections risk assessments and who are committed to the custody of the Commissioner.

(b) Applicability of education provisions. The education program shall be approved by the State Board of Education as an independent school under 16 V.S.A. § 166, and shall be coordinated with adult education, special education, and career technical education.

(c) Program supervision. The Commissioner of Corrections shall appoint a licensed administrator under 16 V.S.A. chapter 51 to serve as the Headmaster of Correction Education and coordinate use of other education programs by persons under the supervision of the Commissioner.

(d) Curriculum. The education program shall offer a minimum course of study, as defined in 16 V.S.A. § 906, and special education programs in accordance with the program description used for independent school approval.

(e) [Repealed.]

(f) Reimbursement payments. The provision of 16 V.S.A. § 4012, relating to payment for State-placed students, shall not apply to the Corrections education program.

(g) [Repealed.]

(h) Required participation. All persons under the custody of the Commissioner who are under 23 years of age and have not received a high school diploma, or are assessed to have a moderate-to-high criminogenic need and are within 24 months of reentry shall participate in an education program. The Commissioner may approve the participation of other students, including individuals who are enrolled in an alternative justice or diversion program.

(Added 1987, No. 207 (Adj. Sess.), § 2; amended 1991, No. 204 (Adj. Sess.), § 11; 1997, No. 84 (Adj. Sess.), § 1; 2001, No. 149 (Adj. Sess.), §§ 38, 39, eff. June 27, 2002; 2007, No. 64, § 4; 2007, No. 192 (Adj. Sess.), § 6.030; 2011, No. 63, § E.337; 2011, No. 88 (Adj. Sess.), § 1, eff. April 25, 2012; 2013, No. 92 (Adj. Sess.), § 302, eff. Feb. 14, 2014; 2015, No. 23, § 29; 2015, No. 58, § E.337; 2015, No. 172 (Adj. Sess.), § E.337; 2019, No. 131 (Adj. Sess.), § 282.)

§ 121 Community High School of Vermont Board

(a) A board is established for the purpose of advising the Director of Corrections Education when serving as the Superintendent of the Community High School of Vermont, the independent school established in section 120 of this title. The Board shall have supervision over policy formation for the Community High School of Vermont, except as otherwise provided, shall recommend school policy to the Director of Corrections Education, may create a structure for local advisory boards as it deems appropriate, and shall perform such other duties as requested from time to time by the Secretary of Education or Commissioner of Corrections.

(b) The Board shall consist of nine members, each appointed by the Governor for a three-year term subject to the advice and consent of the Senate, in such a manner that not more than three terms shall expire annually, as follows:

(1) Six representatives selected to ensure geographic representation throughout the State.

(2) Three members-at-large.

(c) The Board shall appoint a Chair and Vice Chair, each of whom shall serve for one year or until a successor is appointed by the Board.

(d) The Board shall report on its activities annually to the State Board of Education, the Secretary of Human Services, and the Commissioner of Corrections.

(e) The Commissioner shall consult with the Board prior to appointing the Director of Corrections Education.

(Added 2001, No. 149 (Adj. Sess.), § 36, eff. June 27, 2002; amended 2011, No. 88 (Adj. Sess.), § 2, eff. April 25, 2012; 2013, No. 92 (Adj. Sess.), § 279, eff. Feb. 14, 2014.)

§ 122 Contracting for programming and services

For the purpose of securing programming and services for offenders, the Department of Corrections shall publicly advertise or invite three or more bids. The contract for any such programming and services shall be awarded to one of the three lowest responsible bidders, conforming to specification, with consideration being given to the time required for provision of services, the purpose for which it is required, competency and responsibility of bidder, and his or her ability to render satisfactory services; but the Commissioner with the approval of the Secretary of Human Services shall have the right to reject any and all bids and to invite other bids.

(Added 2011, No. 41, § 11a.)

§ 123 Repealed

[Repealed]

(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).)

§ 124 Department of Corrections; Corrections Investigative Unit

(a) Creation. There is created the Corrections Investigative Unit (CIU) within the Department. The CIU shall investigate the following topics to comply with federal law and to identify systemic issues within the Department:

(1) allegations of violations of the Prison Rape Elimination Act;

(2) major events that occur in the Department, including the death of an individual in the custody of the Department or the escape of an individual from a facility or the custody of Department staff;

(3) Department compliance with policies, procedures, and directives;

(4) the movement of contraband in facilities; and

(5) threats against the personal safety of Department employees and individuals in the custody of the Department.

(b) Staff. The Commissioner of Corrections shall appoint and employ sufficient staff and adopt the necessary procedures for the CIU to carry out the duties required under this section.

(c) Coordination. The CIU shall coordinate with outside investigative agencies and law enforcement agencies concerning criminal allegations and shall coordinate with a designated point of contact at the Department of Human Resources on employee misconduct investigations and disciplinary actions. The CIU shall conduct personal safety planning as necessary for employees who receive threats.

(d) Employee rights.

(1) An employee who is subject to questioning or investigation by the CIU shall be entitled to all procedural and substantive rights afforded to the employee by State and federal law and any applicable collective bargaining agreement or employment contract, including any contractual rights that apply to proceedings or investigations that may result in an adverse employment action.

(2) Information gathered by the CIU in the course of an investigation shall be subject to discovery pursuant to the applicable rules of the Vermont Labor Relations Board or a court of competent jurisdiction, as appropriate.

(e) Collective bargaining. Nothing in this section shall be construed to limit the right of the State and the employee organization to collectively bargain with respect to matters related to investigations and employee discipline that are not otherwise controlled by statute.

(Added 2021, No. 56, § 5.)

§ 125 Criminal justice investments and trends; report [Repealed effective July 1, 2028]

(a) Intent. It is the intent of the General Assembly that the report on Vermont’s criminal justice investments and trends required under this section assist in the systemic assessment of the State’s Justice Reinvestment and justice reform efforts and initiatives to inform future legislative policy and fiscal decisions.

(b) Definitions. As used in this section:

(1) “Arrest” means when a person is seized by law enforcement, charged with the commission of an offense, and referred for prosecution.

(2) “Clearance” means the process by which a law enforcement agency closes an offense by arrest or exceptional means in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program.

(3) “Desistance” means the process by which criminality, or the individual risk for antisocial conduct, declines over the life-course of the individual, generally after adolescence.

(4) “Exceptional means” means the death of the offender, the victim’s refusal to cooperate with the prosecution after the offender is identified, the denial of extradition because the offender committed a crime in another jurisdiction and is being prosecuted for that offense, or other circumstance in accordance with the Federal Bureau of Investigation’s Uniform Crime Reporting Program.

(5) “Recidivism” has the same meaning as in section 4 of this title.

(1) On November 15, 2024 and every three years thereafter, the Vermont Statistical Analysis Center (SAC), in consultation with the Commissioners of Corrections, of Health, of Mental Health, of Public Safety, of Labor, and for Children and Families; the Attorney General; the Defender General; the Chief Superior Judge of the Superior Court; the Division of Racial Justice Statistics; the Executive Director of the Department of State’s Attorneys and Sheriffs; and the Parole Board Director, shall submit a report to the House Committees on Appropriations, on Judiciary, and on Corrections and Institutions, the Senate Committees on Appropriations and on Judiciary, the Joint Legislative Justice Oversight Committee, and the Executive Director of the Office of Racial Equity examining the trends associated with Vermont’s criminal justice-related investments and expenditures since the last report was submitted pursuant to this section.

(2) The report required pursuant to subdivision (1) of this subsection shall include data showing:

(A) recidivism rates;

(B) clearance rates;

(D) returns to incarceration from community supervision with the following relevant data points:

(i) community supervision type, classified by probation, parole, and furlough;

(ii) an indication if a return was for a violation or a new charge, including the crime type;

(iii) an indication if a violation was classified as “significant/not violent” or “significant and violent” for any applicable statuses; and

(iv) all available demographic information;

(E) bail rates, including detainees held without bail, detainees held with bail and the associated monetary amounts, and bailees who post bail and are released;

(F) pretrial detainees held in Vermont correctional facilities, including the crime type and jurisdiction for which they are held;

(G) the funding for, and utilization of, substance use disorder treatment, mental health, educational, and vocational initiatives for incarcerated individuals; and

(H) the funding for, and utilization by, individuals served through Justice Reinvestment II and related initiatives, including:

(i) domestic violence intervention programming in the Department of Corrections, including the results from the evaluation framework between the Vermont Network Against Domestic and Sexual Violence and the University of Nebraska;

(ii) offender transitional housing capacity with the Department of Corrections and other departments;

(iii) advancements to the Department of Corrections’ data collection Offender Management System;

(iv) agencies, departments, municipalities, programs, and services employing restorative justice principles, including community justice centers;

(v) other General Fund expenditures for Justice Reinvestment II initiatives;

(vi) the Department of Corrections’ out-of-state beds contracted by the Department and the average cost per bed in fiscal year 2019 and for each fiscal year thereafter; and

(vii) the Department of Corrections’ in-state beds, separated by gender, including specialty units and units closed or unavailable in fiscal year 2019 and for each fiscal year thereafter.

(d) Informational availability.

(1) The information required pursuant to subsection (c) of this section shall include race, gender, age, and other demographic variables whenever possible.

(2) The report required pursuant to subsection (c) of this section shall explain any obstacles or impediments to the availability and collectability of data required pursuant to this section, including whether collecting certain data would put particular populations at risk, along with the substance use and mental health needs and educational and vocational status of justice-involved individuals.

(e) Data sharing. Notwithstanding any provision of law to the contrary, all State and local agencies and departments that possess the data necessary to compile the report required pursuant to this section shall, upon request, provide SAC with any data that it determines is relevant to the report. The obligation to disclose shall supersede any other legal obligation with respect to the data required pursuant to this section, and a department, agency, or other entity shall not decline to disclose data required based on any other purported legal obligation.

(f) Confidentiality. Any data or records transmitted to or obtained by SAC are exempt from public inspection and copying under the Public Records Act and shall be confidential to the extent required by law unless and until the data or records are included in the report required by this section. A State or local agency or department that transmits data or records to SAC shall be the sole records custodian for purposes of responding to requests for the data or records. SAC may direct any request for these data or records to the transmitting agency or department for response.

(Added 2021, No. 185 (Adj. Sess.), § E.335.2, eff. July 1, 2022; amended 2023, No. 40, § 1, eff. June 1, 2023; repealed by 2023, No. 40, § 4(b), eff. June 1, 2028.)

§ 125 Repealed

[Repealed]

(Added 2021, No. 185 (Adj. Sess.), § E.335.2, eff. July 1, 2022; amended 2023, No. 40, § 1, eff. June 1, 2023; repealed by 2023, No. 40, § 4(b), eff. June 1, 2028.)

§ 126 Repealed

[Repealed]

(Added 2023, No. 40, § 2, eff. July 1, 2023; repealed by 2023, No. 40, § 4(c), eff. July 1, 2028; amended 2023, No. 161 (Adj. Sess.), § 33, eff. June 6, 2024.)

§ 127 Department of Corrections; peer support program; confidentiality

(a) As used in this section:

(1) “Department” has the same meaning as in subdivision 3(4) of this title.

(2) “Participant” means a Department staff member who has been involved in a traumatic incident by reason of employment at the Department and who has agreed to participate in the Department’s peer support program.

(3) “Peer support” means appropriate support and services offered by a peer support specialist to a participant.

(4) “Peer support program” means a program established by the Department of Corrections to provide appropriate peer support services to Department staff members.

(5) “Peer support session” means a peer support program session for a Department staff member who has been involved in a traumatic incident by reason of employment at the Department or related to other personal matters.

(6) “Peer support specialist” means a Department staff member who, by reason of the staff member’s prior experience, training, or interest, has expressed a desire and has been selected to provide appropriate peer support services to a participant.

(7) “Staff member” means a supervising officer as defined in subdivision 3(9) of this title, a correctional officer as defined in subdivision 3(10) of this title, and any other employee of the Department.

(b)(1) Except as provided in subsection (d) of this section, any communication made by a participant or peer support specialist in a peer support session of the peer support program, including any oral or written information conveyed during a peer support session, shall not be disclosed by any individual participating in the peer support session.

(2) Except as provided by subsection (d) of this section, any communication relating to a peer support session between peer support specialists, between peer support specialists and participants of the peer support program, between participants of the peer support program, or between any other Department staff member, including any oral or written information, shall not be disclosed by any individual participating in the communication.

(3) Written communications described in this subsection, such as notes, records, and reports related to a peer support session, are exempt from public inspection and copying under the Public Records Act and shall be kept confidential. The Public Records Act exemptions created in this section shall not be subject to the provisions of 1 V.S.A. § 317(e) (repeal of Public Records Act exemptions).

(c) Except as provided by subsection (d) of this section, any communication made by a participant or peer support specialist in a peer support session, including any oral or written communication, such as notes, records, and reports related to the peer support session, shall not be admissible in a judicial, administrative, or arbitration proceeding. Limitations on disclosure imposed by this subsection include disclosure during any discovery conducted as part of an adjudicatory proceeding. Limitations on disclosure imposed by this subsection shall not include knowledge acquired by the Department or staff members from observations made during the course of employment or information acquired by the Department or staff members during the course of employment that is otherwise subject to discovery or introduction into evidence.

(d)(1) Confidentiality protections described in subsections (b) and (c) of this section shall only apply to a peer support session conducted by an individual who has:

(A) been designated by the Department or the peer support program to act as a peer support specialist; and

(B) received and completed training in peer support and providing emotional and moral support to Department staff members who have been involved in emotionally traumatic incidents by reason of their employment or other personal matters.

(2) Confidentiality protections described in subsections (b) and (c) of this section shall not apply to the following information as it pertains to an individual designated to receive such information in the normal course of the individual’s professional responsibilities:

(A) any threat of suicide or homicide made by a participant of a peer support session or any information conveyed in a peer support session relating to a threat of suicide or homicide;

(B) any information relating to the abuse of a child or vulnerable adult, or other information that is required to be reported by law;

(D) any admission of a plan to commit a crime.

(e) Nothing in this section shall prohibit any communications between peer support specialists regarding a peer support session or between peer support specialists and participants of the peer support program.

(Added 2023, No. 78, § E.335, eff. July 1, 2023.)

§ 128 Incarcerated parents and guardians; Family Support Program

(a) Family Support Program. The Department of Corrections shall establish the Family Support Program to provide free parenting and family support at each correctional facility to all incarcerated individuals who are parents and guardians regardless of gender. The Program shall include individualized services and programming intended to provide:

(1) increased knowledge and skill for incarcerated parents and guardians to address the specific needs of their children;

(2) resources to incarcerated parents and guardians to engage in needs-specific planning and communication strategies with their children and their children’s caregivers;

(3) child-friendly visitation spaces, in consultation with the Department, for in-person and virtual visits between parents or guardians and their children, including establishing safety protocol;

(4) outreach and coordination with appropriate services for the children of incarcerated parents and guardians and the children’s caregivers;

(5) improved cross-system coordination and collaboration to deliver necessary services to the families of incarcerated parents and guardians; and

(6) reentry support and preparation for incarcerated parents and guardians.

(b) Program support. The Department may support the operation of the Family Support Program established pursuant to this section through grants of financial assistance to, or contracts for services with, any nonprofit entity that meets the Department’s requirements.

(c) Annual report. Annually, on or before July 1, the Department shall submit a written report to the House Committees on Corrections and Institutions and on Judiciary and the Senate Committees on Institutions and on Judiciary concerning:

(1) the funding, participation, and outcomes of the services and programming established pursuant to this section; and

(2) considerations and any progress towards sustained statewide programming and gender parity.

(Added 2025, No. 64, § 33, eff. June 12, 2025.)

Chapter 5 Probation

Subchapter 1 General Provisions

§ 200 Purpose of probation

It is the policy of this State that the purpose of probation is to rehabilitate offenders, reduce the risk that they will commit a subsequent offense, and protect the safety of the victim and the community.

(Added 2021, No. 24, § 1.)

§ 201 Definitions

Whenever used in this chapter, unless a different meaning plainly is required, “probation” means a procedure under which a respondent, found guilty of a crime upon verdict or plea, is released by the court, without confinement, subject to conditions imposed by the court and subject to the supervision of the Commissioner.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 202 Powers and responsibilities of the Commissioner regarding probation

The Commissioner shall be charged with the following powers and responsibilities regarding the administration of probation:

(1) To maintain general supervision of persons placed on probation, and to prescribe rules, consistent with any orders of the court, governing the conduct of such persons.

(2) To supervise the administration of probation services and establish policies and standards and make rules regarding probation investigation, supervision, case work and case loads, record keeping, and the qualification of probation officers.

(3) To 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 probation. Transdermal alcohol monitoring equipment shall be used for such purposes as discouraging persons whose licenses have been suspended for DUI from operating motor vehicles on Vermont highways.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 2007, No. 179 (Adj. Sess.), § 3.)

§ 203 Probation warrant

(a) Whenever a probationer is placed in the custody of the Commissioner, the court shall furnish the Commissioner with a warrant setting forth the name of the probationer, the nature of the crime of which he or she was convicted, the date and place of trial and sentence, the sentence imposed, the order of the court committing him or her to the charge of the Commissioner, and the conditions of his or her release.

(b) The warrant shall be full authority for the exercise by the Commissioner of all the rights and powers over and in relation to the probationer prescribed by law and by the order of the court.

(c) The warrant shall be sufficient authority for the apprehension and detention of the probationer by the Commissioner or by any officer acting under his or her direction at any time or place.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 204 Submission of written report; production of records

(a) A court, before which a person is being prosecuted for any crime, may in its discretion order the Commissioner to submit a written report as to the circumstances of the alleged offense and the character and previous criminal history record of the person, with recommendation. If the presentence investigation report is being prepared in connection with a person’s conviction for a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3, the Commissioner shall obtain information pertaining to the person’s juvenile record, if any, in accordance with 33 V.S.A. §§ 5117 and 5119(f)(6), and any deferred sentences received for a registrable sex offense in accordance with 13 V.S.A. § 7041(h), and include such information in the presentence investigation report.

(b) The court shall order such a report to be made before imposing sentence when the respondent is adjudged guilty of a felony, except as otherwise provided by rules of the Supreme Court. If the report has been made to any court within the State within a period of two years with reference to such individual, in connection with the same or another offense, submission of a copy of that report may fulfill the requirements of this section, if the court to which the report is to be submitted approves. Upon request, the Commissioner shall furnish a State’s Attorney with a copy of any report made within the State once sentence has been passed in connection with the offense for which the report was made.

(c) The report ordered by the court under this section or section 204a of this title shall be made not less than one week nor more than three weeks from the date of the order. This three-week limit may be extended by order of the court.

(d)(1) Except as provided in subdivision (2) of this subsection, any presentence investigation report or parole summary prepared by any employee of the Department in the discharge of the employee’s official duty, except as provided in subdivision 204a(b)(5) and section 205 of this title, is confidential and shall not be disclosed to anyone outside the Department other than the judge or the Parole Board.

(2)(A) The court or Board shall permit inspection of the presentence investigation report or parole summary, redacted of information that may compromise the safety or confidentiality of any person, by the State’s Attorney and by the defendant or inmate or his or her attorney; and

(B) the court or Board may, in its discretion, permit the inspection of the presentence investigation report or parole summary or parts thereof by other persons having a proper interest in the report or parole summary, whenever the best interests or welfare of the defendant or inmate makes that action desirable or helpful.

(e) The presentence investigation report ordered by the court under this section or section 204a of this title shall include the comments or written statement of the victim, or the victim’s guardian or next of kin if the victim is incompetent or deceased, whenever the victim or the victim’s guardian or next of kin choose to submit comments or a written statement.

(f) Except as otherwise provided by law, reports and records subject to this section may be inspected, pursuant to a court order issued ex parte, by a State or federal prosecutor as part of a criminal investigation if the court finds that the records may be relevant to the investigation. The information in the files may be used for any lawful purpose but shall not otherwise be made public.

(g) The presentence investigation report ordered by the court under this section or section 204a of this title shall set forth information concerning the defendant’s custodial relationships pursuant to 13 V.S.A. § 7030.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 109, § 10, eff. May 25, 1973; 1981, No. 223 (Adj. Sess.), § 18; 1989, No. 293 (Adj. Sess.), § 7; 1995, No. 170 (Adj. Sess.), § 18, eff. Sept. 1, 1996; 2005, No. 192 (Adj. Sess.), § 11, eff. May 26, 2006; 2009, No. 1, § 35; 2009, No. 58, § 19; 2013, No. 168 (Adj. Sess.), § 3, eff. June 3, 2014; 2015, No. 29, § 21; 2015, No. 137 (Adj. Sess.), § 3, eff. May 25, 2016; 2017, No. 113 (Adj. Sess.), § 169; 2021, No. 104 (Adj. Sess.), § 3, eff. July 1, 2022.)

§ 204a Sex offenders; presentence investigations; risk assessments; psychosexual evaluations

(a) The Department of Corrections shall conduct a presentence investigation for all persons convicted of:

(1) lewd and lascivious conduct in violation of 13 V.S.A. § 2601;

(2) lewd and lascivious conduct with a child in violation of 13 V.S.A. § 2602;

(3) sexual assault in violation of 13 V.S.A. § 3252;

(4) aggravated sexual assault in violation of 13 V.S.A. § 3253;

(5) aggravated sexual assault of a child in violation of 13 V.S.A. § 3253a;

(6) kidnapping with intent to commit sexual assault in violation of 13 V.S.A. § 2405(a)(1)(D); or

(7) an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64.

(b) A presentence investigation required by this section:

(1) Shall include an assessment of the offender’s risk of reoffense and a determination of whether the person is a high-risk offender.

(2) Shall include a psychosexual evaluation if so ordered by the court.

(3) Shall include information regarding the offender’s records maintained by the Department for Children and Families in the Child Protection Registry pursuant to 33 V.S.A. § 4916 if the offender was previously substantiated for child abuse or neglect.

(4) Shall include information, if any, regarding any deferred sentences received by the offender for a registrable sex offense in accordance with 13 V.S.A. § 7041(h).

(5) Shall be completed before the defendant is sentenced. Upon completion, the Department shall submit copies of the presentence investigation to the court, the State’s Attorney, the defendant’s attorney, and the Department for Children and Families. Copies of a presentence investigation authorized by this subdivision shall remain privileged and are not subject to public inspection.

(c)(1) The Department of Corrections shall prepare a recommendation for programming and treatment for all persons for whom a presentence investigation is required under subsection (a) of this section. The Department shall consider the information contained in the presentence investigation when recommending the programming and treatment appropriate for the offender.

(2) The recommendation required by this subdivision shall address the issue of the availability of appropriate treatment programs within correctional facilities and on an outpatient basis in the community, including recommendation as to the defendant’s eligibility for such treatment programs, and shall include a statement of the relevant policies of the Department of Corrections regarding parole recommendations for the offense of which the offender was convicted.

(3)(A) The court may order the Department to provide a report including:

(i) the minimum and maximum sentences necessary to permit admission of the offender to any of the available treatment programs; and

(ii) the results of a preassessment of the offender.

(B) A preassessment under this subdivision shall consist of:

(i) an interview with the defendant;

(ii) an assessment of the offender’s risk level;

(iii) completion of testing and any other steps necessary to make an appropriate programming decision for the defendant;

(iv) identification of the treatment program within a correctional facility to which the offender will be referred based on the information available at the time of sentencing, provided the defendant agrees to treatment and is sentenced to a term which permits participation in the program.

(C)(i) Except as provided in subdivision (ii) of this subdivision (C), the Department shall provide a report to the court under this subdivision within 60 days after it is ordered.

(ii) If the Department requires a psychosexual evaluation in order to determine whether the offender will be admitted into any of the available treatment programs, the Department shall complete the evaluation and provide it to the court along with its report within 90 days after the report is ordered.

(d) The requirement that a presentence investigation be performed pursuant to subsection (a) of this section shall not be interpreted to prohibit the performance of a presentence investigation, psychosexual evaluation, or risk assessment at any other time during the proceeding, including prior to the entry of a plea agreement or prior to sentencing for a violation of probation.

(e) Nothing in this section shall be construed to infringe in any manner upon the Department’s authority to make decisions about programming for defendants or to create a right on the part of the offender to receive treatment in a particular program.

(Added 2005, No. 192 (Adj. Sess.), § 12, eff. May 26, 2006; 2009, No. 1, § 36.)

§ 204b High-risk sex offenders

A person who is sentenced to an incarcerative sentence for a violation of any of the offenses listed in subsection 204a(a) of this title and who is designated by the Department of Corrections as high-risk pursuant to 13 V.S.A. § 5411b while serving his or her sentence shall not be eligible for parole, furlough, or any other type of early release until the expiration of 70 percent of his or her maximum sentence.

(Added 2009, No. 1, § 44.)

§ 205 Probation

(a)(1) After passing sentence, a court may suspend all or part of the sentence and place the person so sentenced in the care and custody of the Commissioner upon such conditions and for such time as it may prescribe in accordance with law or until further order of court.

(2) The term of probation for misdemeanors shall be for a specific term not to exceed two years unless the court, in its sole discretion, specifically finds that the interests of justice require a longer or an indefinite period of probation.

(3)(A) The term of probation for nonviolent felonies shall not exceed four years or the statutory maximum term of imprisonment for the offense, whichever is less, unless the court, in its sole discretion, specifically finds that the interests of justice require a longer or an indefinite period of probation.

(B) As used in this subdivision, “nonviolent felonies” means an offense that is not:

(i) a listed crime as defined in 13 V.S.A. § 5301(7); or

(ii) an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64.

(4) Nothing in this subsection shall prevent the court from terminating the period of probation and discharging a person pursuant to section 251 of this title.

(5) The probation officer of a person on probation for a specific term shall review the person’s case file during probation and, not less than 45 days prior to the expiration of the probation term, may file a petition with the court requesting the court to extend the period of probation for a specific term not to exceed one year in order to provide the person the opportunity to complete programming consistent with special conditions of probation. A hearing on the petition for an extension of probation under this subsection shall comply with the procedures set forth in Rule 32.1 of the Vermont Rules of Criminal Procedure.

(b)(1) At or before the sentencing hearing, the prosecutor’s office shall inform the victim of the midpoint review process for probationers, and that the defendant may be eligible for early discharge from probation pursuant to sections 251 and 252 of this title.

(2) The victim of a listed crime as defined in 13 V.S.A. § 5301(7) for which the offender has been placed on probation shall have the right to request and receive from the Department of Corrections information regarding the offender’s general compliance with the specific conditions of probation. Nothing in this section shall require the Department of Corrections to disclose any confidential information revealed by the offender in connection with participation in a treatment program.

(c)(1) Unless the court in its discretion finds that the interests of justice require additional standard and special conditions of probation, when the court orders a specific term of probation for a qualifying offense, the offender shall be placed on administrative probation, which means that the only conditions of probation shall be that the probationer:

(A) register with the Department of Corrections’ probation and parole office in his or her district;

(B) notify the probation officer of his or her current address each month;

(C) within 72 hours, notify the Department of Corrections if probable cause is found for a criminal offense during the term of probation; and

(D) not be convicted of a criminal offense during the term of probation.

(2) As used in this subsection, “qualifying offense” means:

(A) Unlawful mischief under 13 V.S.A. § 3701.

(B) Retail theft under 13 V.S.A. §§ 2575 and 2577.

(D) Bad checks under 13 V.S.A. § 2022.

(E) Theft of services under 13 V.S.A. § 2582.

(F) Disorderly conduct under 13 V.S.A. § 1026, unless the original charge was a listed offense as defined in 13 V.S.A. § 5301(7).

(G) Theft of rented property under 13 V.S.A. § 2591.

(H) Operation without consent of owner under 23 V.S.A. § 1094(a).

(I) Petit larceny under 13 V.S.A. § 2502.

(J) Negligent operation of a motor vehicle under 23 V.S.A. § 1091(a).

(K) False reports to law enforcement under 13 V.S.A. § 1754.

(L) Setting fires under 13 V.S.A. § 508.

(M) [Repealed.]

(N) Simple assault by mutual consent under 13 V.S.A. § 1023(b) unless the original charge was a listed offense as defined in 13 V.S.A. § 5301(7).

(O) Unlawful trespass under 13 V.S.A. § 3705(a).

(P) A first offense of possession under 18 V.S.A. § 4230(a)(1).

(3) Nothing in this subsection shall prohibit a court from requiring participation in the Restorative Justice Program established in chapter 12 of this title.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1995, No. 170 (Adj. Sess.), § 19, eff. Sept. 1, 1996; 1999, No. 4, § 4; 2003, No. 145 (Adj. Sess.), § 1, eff. June 3, 2004; 2005, No. 192 (Adj. Sess.), § 18, eff. May 26, 2006; 2007, No. 179 (Adj. Sess.), § 4; 2009, No. 146 (Adj. Sess.), § D5; 2015, No. 147 (Adj. Sess.), § 9, eff. May 31, 2016; 2021, No. 24, § 2.)

§ 206 Expenses of probationer

When a person is placed on probation, the Commissioner may expend such sums as deemed necessary for the temporary support of the person, his or her traveling expenses, or other purposes consistent with the policies of the Department regarding probationers.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 207 Final judgment

Notwithstanding the fact that a sentence to probation can subsequently be modified or revoked in accordance with subchapters 2 and 3 of this chapter, a judgment that includes such a sentence shall constitute a final judgment for all other purposes.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

Subchapter 2 Conditions of Probation; Modifications; Discharge

§ 251 Duration of probation

(a) The court placing a person on probation may terminate the period of probation and discharge the person at any time if such termination is warranted by the conduct of the offender and the ends of justice.

(b)(1) Upon the Commissioner’s motion to discharge pursuant to subsection 252(d) of this title, the sentencing court shall terminate the period of probation and discharge the person at the midpoint of the probation term unless the prosecutor seeks a continuation of probation within 21 days following receipt of notice of the Commissioner’s motion, and:

(A) the court finds by a preponderance of the evidence that termination and discharge will present a risk of danger to the victim of the offense or to the community; or

(B) the court finds by clear and convincing evidence that the probationer is not substantially in compliance with the conditions of probation that are related to the probationer’s rehabilitation or to victim or community safety.

(2) If the court grants the prosecutor’s motion to continue probation, it may continue probation for the full term or any portion thereof. The court shall also review the conditions of probation and remove any conditions that are no longer necessary for the remainder of the term.

(3) Notwithstanding 1 V.S.A. § 214, this subsection shall apply retroactively to any probationer serving a specified term of probation.

(c) A probationer shall not be deemed ineligible for discharge or term reduction due to unpaid restitution, fees, or surcharges.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 2021, No. 24, § 3; 2021, No. 94 (Adj. Sess.), § 2, eff. April 21, 2022.)

§ 252 Conditions of probation and midpoint review

(a) Conditions, generally. The conditions of probation shall be such as the court in its discretion deems reasonably necessary to ensure that the offender will lead a law-abiding life or to assist the offender to do so. The court shall provide as an explicit condition of every sentence to probation that if the offender is convicted of another offense during the period for which the sentence remains subject to revocation, then the court may impose revocation of the offender’s probation.

(b) Probation conditions. When imposing a sentence of probation, the court may, as a condition of probation, require that the offender:

(1) Work faithfully at a suitable employment or faithfully pursue a course of study or of vocational training that will equip the offender for suitable employment.

(2) Work faithfully for a prescribed number of hours at community service activity acceptable to the court, or if so ordered by the court, acceptable to a probation officer.

(3) Undergo available medical or psychiatric treatment and remain at a specified institution if required for that purpose.

(4) Attend or reside at a facility established for the instruction, recreation, or residence of persons on probation.

(5) Support the offender’s dependents and meet other family responsibilities.

(6) Make restitution or reparation to the victim of his or her conduct, or to the Victims’ Compensation Fund to the extent it has made payment to or on behalf of the victim in accordance with 13 V.S.A. chapter 167, for the damage or injury that was sustained. When restitution or reparation is a condition of the sentence, the court, in accordance with 13 V.S.A. § 7043, shall fix the amount thereof, which shall not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance.

(7) Pay a fine authorized in accordance with law.

(8) Refrain from purchasing or possessing a firearm or ammunition therefor, destructive device, or other dangerous weapon unless granted written permission by the court or probation officer.

(9) Report to a probation officer at reasonable times as directed by the court or the probation officer.

(10) Permit the probation officer to visit the offender at reasonable times at his or her home or elsewhere.

(11) Remain within the jurisdiction of the court, unless granted permission to leave by the court or the probation officer.

(12) Answer all reasonable inquiries by the probation officer and promptly notify the probation officer of any change in address or employment.

(13) Not in any way harass the victim or the family of the victim.

(14) Not contact the victim, unless this condition is specifically waived by the victim.

(15) Participate in the Restorative Justice Program conducted by a community reparative board, pursuant to chapter 12 of this title. The court may direct a reparative board to assist in determining restitution to the victim, as provided by subdivision (6) of this subsection.

(16) Submit to periodic polygraph testing if the offender is being placed on probation for a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3.

(17) If the probation officer has reasonable grounds to believe the offender has violated a probation condition, permit a probation officer or designee to monitor or examine the offender’s activities, communications, and use of any computer or other digital or electronic media, including cell phone, smartphone, digital camera, digital video camera, digital music player or recorder, digital video player or recorder, personal digital assistant, portable electronic storage device, gaming system, or any other contemporary device capable of the storage of digital electronic communication or data storage or access to the internet or other computer or digital network.

(18) Satisfy any other conditions reasonably related to his or her rehabilitation. Such conditions may include prohibiting the use of alcohol, prohibiting having contact with minors, prohibiting or limiting the use of a computer or other electronic devices, and permitting a probation officer access to all computers or other digital or electronic media, mail covers, subscription services, and credit card statements. The court shall not impose a condition prohibiting the offender from engaging in any legal behavior unless the condition is reasonably related to the offender’s rehabilitation or necessary to reduce risk to public safety.

(c) Certificate. When an offender is placed on probation, he or she shall be given a certificate explicitly setting forth the conditions upon which he or she is being released.

(d) Review and recommendation for discharge.

(1) The Commissioner shall review the record of each probationer serving a specified term during the month prior to the midpoint of that probationer’s specified term and shall file a motion requesting the sentencing court to dismiss the probationer from probation if the offender:

(A) has not been found by the court to have violated the conditions of probation in the six months prior to the review;

(B) is not serving a sentence for committing a crime specified in 13 V.S.A. chapter 19, subchapters 6 and 7; 13 V.S.A. chapter 72, subchapter 1; or 13 V.S.A. § 2602; and

(C) has completed those rehabilitative or risk reduction services required as a condition of probation that have a duration that is set and knowable at the outset of probation.

(2) If the probationer does not meet the criteria set forth in subdivision (1) of this subsection, the Commissioner shall file a motion requesting the sentencing court to discharge the probation term once the probationer meets the criteria set forth in subdivision (1) of this subsection.

(3) If a probationer meets the criteria set forth in subdivision (1) of this subsection and is subject to a pending criminal charge or violation of probation complaint, the Commissioner may file a motion requesting the sentencing court to dismiss the probationer from probation pursuant to this subsection. The motion shall identify the pending criminal charge or probation violation. After any pending criminal charges and probation violations are resolved, and if the probationer still meets the criteria set forth in subdivision (1) of this subsection, the Commissioner shall file the motion requesting the sentencing court to dismiss the probationer from probation.

(4) The prosecutor shall make a reasonable effort to notify any victim of record of a motion filed to reduce a probationer’s term pursuant to this subsection. “Reasonable effort” means attempting to contact the victim by first-class mail at the victim’s last known address and by telephone at the victim’s last known phone number.

(5) Notwithstanding 1 V.S.A. § 214, and notwithstanding the requirement in subdivision (1) of this subsection that the Commissioner review the probationer’s record during the month prior to the midpoint of that probationer’s specified term, this subsection shall apply retroactively to any probationer serving a specified term of probation. If the probationer has already reached the midpoint of that probationer’s specified term on or before the effective date of this act, the Commissioner shall review the probationer’s record as soon as possible for purposes of filing a motion pursuant to this section.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1983, No. 229 (Adj. Sess.), § 5; 1993, No. 169 (Adj. Sess.), § 3, June 3, 1994; 1995, No. 170 (Adj. Sess.), § 20, eff. Sept. 1, 1996; 1999, No. 148 (Adj. Sess.), § 66, eff. May 24, 2000; 2001, No. 134 (Adj. Sess.), § 5; 2007, No. 179 (Adj. Sess.), § 5; 2009, No. 1, § 39; 2021, No. 24, § 4; 2021, No. 94 (Adj. Sess.), § 1, eff. April 21, 2022.)

§ 252a Review of probation conditions

(a) When the court imposes a sentence upon a defendant who has been convicted of an offense enumerated in section 204a of this title that includes a period of incarceration of more than one year to serve to be followed by probation, the court may make the probation contingent on the offender fulfilling specific stated conditions, such as taking part in treatment while incarcerated, and may modify, following a hearing pursuant to subsection (c) of this section, the conditions of probation if a violation has occurred. The court shall review the probation conditions imposed at the time of sentencing after the incarceration portion of the sentence has been served, and prior to the offender’s release to probation. Such review shall include information about the offender developed after the date of sentencing, including information about the offender’s incarceration period.

(b) For an offender whose probation is contingent on fulfilling conditions pursuant to subsection (a) of this section, the Department of Corrections shall prepare a prerelease probation report to the court at least 30 days prior to the release based upon information available to the Department. The prerelease probation report shall include the offender’s degree of participation in treatment while incarcerated, whether conditions imposed under subsection (a) of this section were complied with, and other information relevant to the offender’s release to the probationary sentence. The Department of Corrections shall provide a copy of the prerelease probation report to the attorney for the offender and the prosecuting attorney at the same time it provides the report to the court.

(c) If the Commissioner of Corrections believes the offender has violated a condition imposed under subsection (a) of this section, he or she may recommend a change to the original probation order. In this case, the court shall schedule a modification hearing prior to the release date. The court may modify the conditions or add further requirements as authorized by section 252 of this title. The offender shall have a reasonable opportunity to contest the modification prior to its imposition. The prosecuting attorney shall represent the State in connection with any proceeding held in accordance with this section.

(Added 2009, No. 1, § 38.)

§ 253 Modification of conditions; revocations

(a) During the period of probation, the court, on application of a probation officer or of the offender, or on its own motion, may modify the requirements imposed upon the offender or add further requirements authorized by section 252 of this title.

(b) Whenever the court proposes any modification of the conditions of probation, the probationer shall have a reasonable opportunity to contest the modification prior to its imposition.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1981, No. 223 (Adj. Sess.), § 19; 2003, No. 57, § 8, eff. July 1, 2004.)

§ 254 Attendance at treatment facility

(a) The court may require a person as a condition of probation to participate as a resident or nonresident in programs at a treatment center for all or part of the period of probation, provided that the Commissioner certifies that adequate treatment facilities, personnel, and programs are available. If the Commissioner determines that the person’s residence in the center or participation in its programs, or both, should be terminated, because the person can derive no further significant benefits from such residence or participation, or both, or because his or her residence or participation adversely affects the rehabilitation of other residents or participants, he or she shall so notify the court, which shall thereupon, by order, make such other provision with respect to the person on probation as it deems appropriate.

(b) A person residing in or participating in a program at a treatment center shall be required to abide by the rules and regulations of the center and may be required to pay such cost incident to residence as the Commissioner deems appropriate.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 255 Discharge

(a) Upon the termination of the period of probation or the earlier discharge of the probationer in accordance with section 251 of this title, the probationer shall, unless the court has ordered otherwise or under 13 V.S.A. § 7043(l), be relieved of any obligations imposed by the order of the court and shall have satisfied the sentence for the crime.

(b) [Repealed.]

(c) A court hearing shall be held prior to discharging an offender from probation for a sex offense that requires registration pursuant to 13 V.S.A. chapter 167, subchapter 3.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 2001, No. 134 (Adj. Sess.), § 6; 2003, No. 57, § 9, eff. July 1, 2004; 2009, No. 1, § 41.)

§ 256 Graduated sanctions for technical violations

(a) At any time before the discharge of the probationer or the termination of the period of probation if, in the judgment of the Commissioner, the probationer has violated a condition or conditions of his or her probation, other than a condition that the probationer pay restitution to the Department or a violation which constitutes a new crime, the Commissioner may sanction the probationer in accordance with rules adopted pursuant to subsection (b) of this section. However, no probationer shall be incarcerated except pursuant to the provisions of subchapter 3 of this chapter.

(b) The Department of Corrections shall adopt rules pursuant to 3 V.S.A. chapter 25 that establish graduated sanction guidelines for probation violations as an alternative to arrest or citation under section 301 of this title.

(Added 2009, No. 146 (Adj. Sess.), § D8.)

Subchapter 3 Revocation of Probation

§ 301 Summons or arrest of probationer

At any time before the discharge of the probationer or the termination of the period of probation:

(1) Summons or warrant for arrest. The court may summon the probationer to appear before it or may issue a warrant for his or her arrest.

(2) Arrest or citation of person on probation. Any correctional officer may arrest a probationer without a warrant if, in the judgment of the correctional officer, the probationer has violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution; or may deputize any other law enforcement officer to arrest a probationer without a warrant by giving him or her a written statement setting forth that the probationer has, in the judgment of the correctional officer, violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution. The written statement delivered with the person by the arresting officer to the supervising officer of the correctional facility to which the person is brought for detention shall be sufficient warrant for detaining him or her. In lieu of arrest, a correctional officer may issue a probationer a citation to appear for arraignment. In deciding whether to arrest or issue a citation, an officer shall consider whether issuance of a citation will reasonably ensure the probationer’s appearance at future proceedings and reasonably protect the public.

(3) No right of action. Any probationer arrested and detained in accordance with the provisions of this chapter shall have no right of action against any law enforcement officer, correctional officer, employee of the Department of Corrections, or any other persons because of such arrest and detention.

(4) Detention pending hearing for probationer. Pending arraignment for any charge of violation, the probationer shall be detained at a correctional facility unless issued a citation by a correctional officer. Thereafter, the court may release the probationer pursuant to 13 V.S.A. § 7554. There shall be no right to bail or release, unless the person is on probation for a nonviolent misdemeanor or nonviolent felony.

(5) Release of certain persons on probation for nonviolent offenses. (A) At arraignment, if the court finds that bail or conditions of release will reasonably ensure the probationer’s appearance at future proceedings and conditions of release will reasonably protect the public, the court shall release a probationer who is on probation for a nonviolent misdemeanor or nonviolent felony pursuant to 13 V.S.A. § 7554.

(B) As used in this section:

(i) “Nonviolent felony” means a felony offense that is not a listed crime as defined in 13 V.S.A. § 5301(7) or an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64.

(ii) “Nonviolent misdemeanor” means a misdemeanor offense that is not a listed crime as defined in 13 V.S.A. § 5301(7) or an offense involving sexual exploitation of children in violation of 13 V.S.A. chapter 64 or 13 V.S.A. § 1030.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 2; 1997, No. 148 (Adj. Sess.), § 89, eff. April 29, 1998; 1997, No. 152 (Adj. Sess.), § 4; 2003, No. 57, § 10, eff. July 1, 2004; 2009, No. 157 (Adj. Sess.), § 5; 2017, No. 62, § 2; 2019, No. 131 (Adj. Sess.), § 283.)

§ 302 Notice; hearing

(a) The court shall not revoke probation without a proceeding conducted in open court. The procedure of such hearing shall include:

(1) the probationer has violated one or more conditions of probation;

(2) aprior written notice to the probationer stating the alleged violation with which he or she is charged and that he or she has a right to legal counsel at the hearing;

(3) the right to legal counsel if requested by the probationer to be assigned by the court in the same manner as in criminal cases;

(4) establishment of the alleged violation by a preponderance of the evidence by the State, if the probationer contests the allegation in open court;

(5) the maintenance of a record of the proceeding, which shall be preserved in such a manner that it can be transcribed as needed.

(b) An order revoking probation shall be appealable in the same manner as would be applicable to his or her original conviction.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 3.)

§ 303 Grounds for revocation

(a) Probation shall not be revoked unless the probationer violates a condition of his or her probation or is convicted of another crime. The violation or conviction shall be both a necessary and a sufficient ground for the revocation of probation.

(b) The court shall not revoke probation and order the confinement of the probationer unless the court finds on the basis of the original offense and the intervening conduct of the probationer that:

(1) confinement is necessary to protect the community from further criminal activity by the probationer;

(2) the probationer is in need of correctional treatment which can most effectively be provided if he or she is confined; or

(3) it would unduly depreciate the seriousness of the violation if probation were not revoked.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 304 Disposition alternatives upon violation of probation

(a) If a violation is established by a proceeding conducted in accordance with section 302 of this title, the court may, in its discretion, revoke probation and require the probationer to serve the sentence that was suspended or order that the sentence be served in the community pursuant to the provisions of chapter 6 of this title.

(b) As an alternative to revocation and imposition of sentence as provided in subsection (a) of this section, the court, in its discretion, after a violation has been established, may:

(1) continue the probationer on the existing sentence;

(2) effect, in accordance with subsection 253(b) of this title, necessary or desirable changes or enlargements in the conditions of probation;

(3) conduct a formal or informal conference with the probationer in order to reemphasize to him or her the necessity of compliance with the conditions of probation;

(4) issue a formal or informal warning to the probationer that further violations may result in revocation of probation by the court; or

(5) continue the probationer on the existing sentence, but require the probationer to serve any portion of the sentence.

(c) Prior to ordering either revocation or an alternative sanction for a violation of probation in accordance with subsection (b) of this section, the court shall consider, but has complete discretion whether to follow, sanction guidelines established by the Department of Corrections pursuant to subsection (e) of this section.

(d) No plea agreement shall limit the court’s discretion under this section.

(e) The Department of Corrections shall adopt rules pursuant to 3 V.S.A. chapter 25 that establish graduated sanction guidelines for probation violations as an alternative to revocation and imposition of the original sentence. These guidelines do not grant the Department any authority to impose sanctions for probation violations.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1989, No. 291 (Adj. Sess.), § 5; amended 2001, No. 124 (Adj. Sess.), § 12, eff. June 5, 2002; 2005, No. 63, § 8.)

§ 305 Duration of alternative sentence

When a probationer who has paid a portion of a fine, as provided in subdivision 252(b)(7) of this title, is committed for a violation of the conditions of his or her probation, the amount so paid shall be stated in the mittimus and shall be taken into account in determining the expiration of the alternative sentence the same as though paid after commitment.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

Chapter 6 Supervised Community Sentence

Subchapter 1 General Provisions

§ 351 Definitions

As used in this chapter:

(1) “Supervised community sentence” means a form of imprisonment to be served outside the walls of a correctional facility, subject to the rules of the Commissioner and subject to revocation and incarceration pursuant to this chapter.

(2) “Alternative sentencing program” means a residential or nonresidential program operated by the Department or contracted with public or private agencies to provide any of a range of sanctions, treatment, or control functions, to include: half-way houses, day centers, community work programs, residential treatment centers, individual and group counseling, house arrest, electronic monitoring, and intensive supervision.

(Added 1989, No. 291 (Adj. Sess.), § 4.)

§ 352 Supervised community sentence

(a) At the request of the court, the Commissioner of Corrections shall prepare a preliminary assessment to determine whether an offender should be considered for a supervised community sentence.

(b) Upon adjudication of guilt, a finding of violation of probation, or a finding of civil contempt, and only after the filing of a recommendation for supervised community sentence by the Commissioner of Corrections, the court may impose a sentence of imprisonment and order that all or part of the term of imprisonment be served in the community subject to the provisions of this chapter. Such a sentence shall not limit the court’s authority to place a person on probation and to establish conditions of probation.

(c) The conditions of a supervised community sentence shall be contained in a plan prepared by the Commissioner of Corrections as part of the presentence investigation and submitted to the court. The plan shall be designed to encourage the offender to lead a law-abiding life or assist the offender to do so, and to reasonably assure the safety of the community, repayment of any restitution, and performance of service to the community in compensation for the criminal act itself. The plan shall set forth the offender’s responsibilities under the sentence, conditions of behavior, objectives for treatment and supervision, and the form of reparation to the community. The court may approve or reject but not modify the plan.

(d) Conditions in a plan for a supervised community sentence may be changed by the Commissioner of Corrections by adding, deleting, or modifying a condition. The offender may request the Parole Board to review an addition, deletion, or modification that substantially changes the plan or that substantially alters the limits on the offender’s liberty without good cause or an addition, deletion, or modification that is clearly unreasonable. The change shall go into effect pending the Parole Board’s review, which shall be concluded promptly. The decision of the Parole Board shall be final.

(Added 1989, No. 291 (Adj. Sess.), § 4; amended 2011, No. 119 (Adj. Sess.), § 10.)

§ 353 Powers and responsibilities of the Commissioner of Corrections; supervised community sentence

The Commissioner shall be charged with the following powers and responsibilities regarding the administration of supervised community sentences:

(1) To maintain general supervision and treatment of persons serving a supervised community sentence.

(2) To establish alternative sentencing programs for the sanction, treatment, and control of offenders sentenced under this chapter and, in the Commissioner’s discretion, to require payment of reasonable fees for such services.

(3) To award grants to local private or public agencies for the development and operation of alternative community programs in furtherance of the goals and purposes of this chapter, in accordance with policies established in this chapter and within the limits of any appropriation made for this purpose.

(4) In accordance with 3 V.S.A. chapter 25, to adopt rules consistent with the provisions of this chapter regarding the supervision, maintenance, treatment, and all attendant matters, including standards for the deletion, addition, and modification of conditions, to be applied to offenders sentenced to a term of imprisonment under a supervised community sentence.

(5) To detain for safekeeping at a correctional facility any offender who allegedly has violated the conditions of supervision pending a hearing before the Parole Board.

(6) To give to the Parole Board, or its properly accredited representatives, access at all reasonable times to any offender who has been sentenced under this chapter and provide the Board or its representatives such reports as the Board may require concerning the conduct of any offender under the supervision of the Commissioner and any other facts considered by the Board pertinent in determining whether the supervised community sentence should be revoked or continued.

(Added 1989, No. 291 (Adj. Sess.), § 4.)

§ 354 Rules of Parole Board

The Parole Board shall adopt such rules consistent with the provisions of this chapter as it considers proper and necessary regarding the arrest, detention, and release of offenders pending a review by the Board, the administration of Board hearings, and all other attendant matters.

(Added 1989, No. 291 (Adj. Sess.), § 4.)

Subchapter 2 Duration

§ 361 Reduction of term

Each successful day completed by an offender serving a supervised community sentence while in the community shall be counted as one day served for the total sentence of imprisonment. So long as an offender is serving a supervised community sentence in the community, the offender shall not be awarded a reduction of term for good behavior pursuant to section 811 of this title.

(Added 1989, No. 291 (Adj. Sess.), § 4.)

§ 362 Duration of supervised community sentence

A sentence of supervised community sentence shall not terminate earlier than the expiration of the minimum term of imprisonment ordered by the sentencing court. Upon the expiration of the minimum sentence, the offender’s case shall be reviewed by the Parole Board. If the offender has successfully completed the obligations of supervised community sentence responsibilities, including restitution if imposed by the sentencing court, and successfully abided by the conditions of the sentence, the Commissioner may recommend to the Parole Board that the offender be paroled from supervised community sentence. The Board may, if warranted by the conduct of the offender and the ends of justice:

(1) continue the offender under supervised community sentence until the expiration of the maximum term of sentence;

(2) release the offender under parole supervision pursuant to chapter 7 of this title; or

(3) terminate the offender from supervision altogether.

(Added 1989, No. 291 (Adj. Sess.), § 4.)

§ 363 Summons or arrest of person serving a supervised community sentence

(a) Parole Board warrant. The Parole Board may issue a warrant for the arrest of an offender or a notice, to be served personally upon the offender, requiring the offender to appear before the Board, if the Board has reason to believe that a violation of conditions or violation of law has occurred. The warrant shall authorize any law enforcement officers and any correctional officers to return the offender to the custody of a correctional facility, or to any other suitable detention facility designated by the Board.

(b) Broken terms of parole. If the Board issues a warrant for the return of an offender and it is found that the warrant cannot be served, the offender shall, for purposes of extradition only, be considered as having broken the terms of parole.

(c) Arrest of person on serving supervised community sentence. Any correctional officer designated by the Commissioner may arrest a person in supervised community sentence without a warrant if, in the judgment of the correctional officer, the person has violated a condition or conditions of supervised community sentence, or may deputize any other law enforcement officer to do so by giving the officer a written statement setting forth that the offender has, in the judgment of the correctional officer, violated a condition or conditions of supervised community sentence. The written statement delivered with the offender by the arresting officer to the supervising officer of the correctional facility to which the offender is brought for detention shall be sufficient warrant for detaining the offender. There shall be no right to bail or release.

(d) No right of action. A person serving in supervised community sentence arrested and detained in accordance with the provisions of this chapter and rules established by the Commissioner, shall not have a right of action against the Commissioner, the Parole Board, any law enforcement officer, correctional officer, employee of the Department of Corrections, or any other person because of the arrest and detention.

(Added 1989, No. 291 (Adj. Sess.), § 4; amended 1997, No. 148 (Adj. Sess.), § 89, eff. April 29, 1998; 1997, No. 152 (Adj. Sess.), § 5.)

§ 364 Release pending hearing

Pending a hearing upon any charge of violation, the Parole Board may authorize the offender’s release from detention in accordance with the procedures set forth in 13 V.S.A. § 7554. For the purposes of this section, a judicial officer as defined in 7554(f) shall mean the Chair of the Parole Board or designee.

(Added 1989, No. 291 (Adj. Sess.), § 4.)

§ 365 Notification of Board; hearing

(a) Upon the arrest and detention of an offender, the supervising Corrections employee shall notify the Board immediately and shall submit in writing a report describing the alleged violation of a condition or conditions or alleged violation of law.

(b) Upon receipt of the notification, or upon an arrest by warrant in accordance with this chapter, the Board shall cause the offender together with the supervising Corrections employee to be brought before it promptly for a hearing regarding the alleged violation. Corrections employees may be represented by legal counsel, which shall be provided by the State upon request, at hearings of the Parole Board. The offender shall have access to counsel as provided in parole revocation hearings.

(c) The Board may not revoke the service of supervised community sentence outside a correctional facility without an administrative hearing conducted pursuant to the procedures and rules applicable to parolees under federal and State due process and chapter 7 of this title.

(d) If the alleged violation is established by substantial evidence, the Board may enter such order as it determines to be necessary or desirable in accordance with this chapter.

(e) Within a reasonable period of time, the Board shall provide to the offender a written statement containing the Board’s determination whether a violation has been established, a short summary of the evidence relied on, the disposition imposed, and a short summary of the reasons for the disposition.

(Added 1989, No. 291 (Adj. Sess.), § 4.)

Subchapter 3 Violation and Revocation

§ 371 Authority of the Parole Board

If the offender commits an act punishable as a crime, or violates a condition of sentence during the period of supervised community sentence, the Parole Board may revoke the offender’s service of sentence outside a correctional facility and require the offender to serve all or part of the remaining sentence within a correctional facility, subject to the provisions for parole under chapter 7 of this title.

(Added 1989, No. 291 (Adj. Sess.), § 4.)

§ 372 Disposition alternatives upon violation

As an alternative to revocation and return of the offender to a correctional facility for the remainder of the maximum term of imprisonment, the Board in its discretion, after a violation has been established, may do one or more of the following:

(1) continue the offender on the same terms as existed prior to the violation;

(2) recommend to the Commissioner modified or new conditions of the plan;

(3) conduct a formal or informal conference with the offender in order to re-emphasize the necessity of compliance with the conditions of the offender’s supervised community sentence.

(Added 1989, No. 291 (Adj. Sess.), § 4.)

§ 373 Review of revocation

(a) An offender may seek review of the Board’s decision to revoke or impose other disposition in the Criminal Division of the Superior Court. The review shall be in the nature of a petition for review under Rule 75 of the Vermont Rules of Civil Procedure and is limited to whether an offender’s rights protected by the Vermont or U.S. Constitution have been violated and whether the requirements of section 365 of this title have been complied with.

(b) Return of the offender to a correctional facility or other appropriate disposition ordered by the Board shall not be stayed pending review by the original sentencing court.

(Added 1989, No. 291 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 238.)

§ 374 Witnesses; production of records

(b) The Criminal Division of the Superior Court, upon application of the Board, may compel the attendance of witnesses and the production of evidence before the Board in the same manner as it may compel them to attend or be produced before the court.

(Added 1989, No. 291 (Adj. Sess.), § 4; amended 2009, No. 154 (Adj. Sess.), § 238.)

Chapter 7 Parole

Subchapter 1 General Provisions

§ 401 Construction

This chapter shall be construed to provide a method of supervising the serving of a sentence through the provision of parole services, but is not intended to affect the constitutional power of the Governor to fully, partially, or conditionally pardon inmates.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 402 Definitions

As used in this chapter:

(1) “Parole” means the release of an inmate to the community by the Parole Board before the end of the inmate’s sentence subject to conditions imposed by the Board and subject to the supervision and control of the Commissioner. If a court or other authority files a warrant or detainer against an inmate, the Board may release him or her on parole to answer the warrant and serve any subsequent sentences.

(2) “Interview” means an appearance by the inmate at a meeting of the Parole Board.

(3) “Review” means an evaluation of an inmate’s records without an appearance by the inmate before the Parole Board.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 55, eff. April 29, 1998; 2019, No. 148 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)

§ 403 Powers and responsibilities of the Commissioner regarding parole

The Commissioner is charged with the following powers and responsibilities regarding the administration of parole:

(1) To supervise and control persons placed on parole, subject to the rules and orders of the Parole Board as to the conditions of parole. The Commissioner 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 parole. Transdermal alcohol monitoring equipment shall be used for such purposes as discouraging persons whose licenses have been suspended for DUI from operating motor vehicles on Vermont highways;

(2) To detain for safekeeping at a correctional facility any parolee who allegedly has violated the terms of his or her parole, pending a conference with the Parole Board at its next regularly scheduled meeting, such period of detention not to exceed 30 days;

(3) To establish and provide as he or she deems necessary outpatient counseling and treatment services to persons paroled from, or on pre-parole release or conditional release from, confinement within the Department and, in his or her discretion, to require payment of reasonable fees for such services, if the person is financially able to make the payment;

(4) To establish and maintain a register of individuals who ask to be notified of the parole interview or review of an inmate by the Parole Board. The register shall constitute a confidential record that shall only be disclosed to persons within the Department specifically designated by the Commissioner;

(5) To provide written notification of the date, time, and place of a parole interview or review of an inmate by the Parole Board to an individual who asks to be notified of the parole interview or review. At least 30 days prior to the date of the interview or review, the notice shall be sent by first class mail, or by another most appropriate method, to the last address provided to the Department by the individual. A copy of the notice shall be provided to the Parole Board prior to the interview or review. Failure of the Department to provide the notice or provide it in a timely manner shall not affect the validity of proceedings conducted by the Parole Board.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 56, eff. April 29, 1998; 2007, No. 179 (Adj. Sess.), § 7.)

§ 404 Repealed

[Repealed]

1997, No. 148 (Adj. Sess.), § 66, eff. April 29, 1998.

Subchapter 2 Parole Board

§ 451 Creation of Board

(a) A Parole Board of five members is created. The Governor, with the advice and consent of the Senate, shall appoint five regular members and two alternates for terms of three years in such a manner that not more than three terms shall expire annually. Initial terms may be less than three years. Each member and alternate shall hold office until a successor is appointed and qualified. The Governor shall designate the Board’s chair. As far as practicable, the Governor shall appoint as members persons who have knowledge of and experience in correctional treatment, crime prevention, or human relations, and shall give consideration, as far as practicable, to geographic representation of the State. The Board shall select one of its members to serve as Vice Chair of the Board. If the Chair resigns or is otherwise permanently unable to serve on the Board, the Vice Chair shall serve as interim chair until the Governor designates a new chair pursuant to this section. The Chair or the executive director may assign alternates to serve on the Board in the absence of a regular member and such alternates shall have all the powers and authority of a regular member when so assigned.

(b) Three members of the Board shall constitute a quorum for the conduct of a meeting. Notwithstanding 1 V.S.A. § 172, the concurrence of a majority of members present at a Parole Board meeting shall be necessary and sufficient for Board action.

(c) The Chair of the Parole Board shall be entitled to compensation in the amount of $20,500.00 annually, effective on the first pay period in fiscal year 2006, which shall be in lieu of any per diem otherwise authorized by law. If the Vice Chair assumes the duties of the Chair for a period in excess of 30 consecutive days, the compensation otherwise payable to the Chair during his or her absence shall be paid to the Vice Chair.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 43, eff. April 6, 1973; 1983, No. 89, § 1; 1997, No. 148 (Adj. Sess.), § 57, eff. April 29, 1998; 2005, No. 63, § 11.)

§ 452 Official seal; records

(a) The Board shall adopt an official seal of which the courts shall take judicial notice.

(b) The Board shall keep a record of its acts and shall notify each correctional facility of its decisions relating to persons confined in that facility.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 58, eff. April 29, 1998; 2011, No. 139 (Adj. Sess.), § 23, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 170.)

§ 453 Advisory board for pardons

On request of the Governor, the Board shall act as an advisory board to assist or act for him or her in investigating or hearing matters pertaining to pardons, and may make recommendations to him or her regarding such matters.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 454 Finality of Parole Board determinations

The determinations of the Parole Board shall not be reviewable except as to compliance with the provisions of this chapter.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 455 Director

(a) The position of Parole Board Director is created. The Director shall be appointed by the Governor after consultation with the Board.

(b) The Director shall serve for a term of four years commencing on March 1 and continuing until his or her successor is appointed.

(d) The Secretary of Human Services, in consultation with the Parole Board and the Department of Human Resources, shall establish the minimum and preferred qualifications, duties, and compensation of the Director.

(Added 2005, No. 63, § 14.)

§ 456 Parole Board independence

(a) The Parole Board shall be an independent and impartial body.

(b) In a pending parole revocation hearing, the Parole Board shall not be counseled by:

(1) Assistant Attorneys General; and

(2) any attorney employed by the Department of Corrections.

(c) If any attorney employed by the Department of Corrections or an Assistant Attorney General or the direct supervisor of an Assistant Attorney General who represents the Department of Corrections in parole revocation hearings provides training to the Parole Board members on the subject of parole revocation hearings, the Defender General shall be notified prior to the training and given the opportunity to participate.

(Added 2015, No. 137 (Adj. Sess.), § 1, eff. May 25, 2016.)

Subchapter 3 Eligibility for Parole

§ 501 Eligibility for parole consideration

An inmate who is serving a sentence of imprisonment who is not eligible for presumptive parole pursuant to section 501a of this title shall be eligible for parole consideration as follows:

(1) If the inmate’s sentence has no minimum term or a zero minimum term, the inmate shall be eligible for parole consideration within 12 months after commitment to a correctional facility.

(2) If the inmate’s sentence has a minimum term, the inmate shall be eligible for parole consideration after the inmate has served the minimum term of the sentence.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1983, No. 89, § 2; 1993, No. 233 (Adj. Sess.), § 80, eff. June 21, 1994; 1997, No. 148 (Adj. Sess.), § 59, eff. April 29, 1998; 2001, No. 61, § 85, eff. June 16, 2001; 2019, No. 148 (Adj. Sess.), § 3, eff. Jan. 1, 2021.)

§ 501a Presumptive parole

An inmate who is serving a sentence of imprisonment shall be eligible for presumptive release in accordance with subsection 502a(e) of this title at the expiration of the inmate’s minimum or aggregate minimum term of imprisonment if the inmate:

(1) has acquired no new criminal conviction while incarcerated or on supervision for the current offense;

(2) has no outstanding warrants, detainers, commitments, or pending charges;

(3) is compliant with the required services and programming portion of the inmate’s case plan during the period of incarceration if the inmate is incarcerated for less than 90 days or is compliant for the 90 days preceding the completion of the inmate’s minimum term if the inmate is incarcerated for 90 days or more;

(4) is compliant with the conditions of supervision if the offender is supervised in the community on furlough during:

(A) the entire period of supervision if the term of supervision is less than 90 days; or

(B) the 90 days prior to the consideration of parole eligibility if the term of supervision is 90 days or more;

(5) has no major disciplinary rule violation or pending infractions during the period of incarceration if the inmate is incarcerated for less than 12 months or has no major disciplinary rule violations or pending infractions during the preceding 12 months if the inmate is incarcerated for 12 months or more;

(6) has not had parole revoked on the inmate’s current sentence; and

(7) is not serving a sentence for committing a crime specified in 33 V.S.A. § 5204(a).

(Added 2019, No. 148 (Adj. Sess.), § 4, eff. Jan. 1, 2021; amended 2019, No. 148 (Adj. Sess.), § 5, eff. Jan. 1, 2023.)

§ 502 Parole interviews and reviews

(a) The Board shall interview each inmate eligible for parole consideration under section 501 of this title before ordering the inmate released on parole. The Board shall consider all pertinent information regarding an inmate in order to determine the inmate’s eligibility for parole. The Board may grant parole only after an inmate is interviewed in accordance with this section. The Parole Board may conduct the interview in person, by telephone or videoconference, or by any other method it deems appropriate.

(b) An initial interview of the inmate shall occur at least 30 days prior to the date when the inmate becomes eligible for parole consideration under section 501 of this title.

(c) An inmate eligible for parole consideration shall, subsequent to the initial interview provided for above, be reviewed and interviewed thereafter, as follows:

(1) the Board shall review the inmate’s record once every 12 months;

(2) the Board shall conduct an interview of the inmate at the request of the Department; and

(3) upon written request of the inmate, the Board shall conduct an interview annually.

(d) The Board in its discretion may hear from attorneys or other persons with an interest in the case before the Board. A person presenting statements to the Board may be required to submit the statement in writing.

(e) Interviews and reviews shall be conducted in accordance with the rules and regulations established by the Board, which shall be consistent with this section.

(f) The Board, when formulating the conditions of a parole, shall take into consideration the emotional needs of the victim of an offender’s crime plus the needs of the victim’s family.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 60, eff. April 29, 1998; 2001, No. 61, § 86, eff. June 16, 2001; 2019, No. 148 (Adj. Sess.), § 6, eff. Jan. 1, 2021.)

§ 502a Release on parole

(a) Except as otherwise provided in subsection (d) of this section and section 501 of this title, no inmate serving a sentence with a minimum term shall be released on parole until the inmate has served the minimum term of the sentence, less any reductions for good behavior.

(b) An inmate who is not eligible for presumptive parole pursuant to section 501a of this title shall be released on parole by the written order of the Parole Board if the Board determines:

(1) the inmate is eligible for parole;

(2) there is a reasonable probability that the inmate can be released without detriment to the community or to the inmate; and

(3) the inmate is willing and capable of fulfilling the obligations of a law-abiding citizen.

(c) A parole under subsection (b) or (e) of this section shall be ordered only for the best interests of the community and of the inmate and shall not be regarded as an award of clemency, a reduction of sentence, or a conditional pardon.

(d) Notwithstanding subsection (a) or (e) of this section, or any other provision of law to the contrary, any inmate who is serving a sentence, including an inmate who has not yet served the minimum term of the sentence, who is diagnosed as having a terminal or serious medical condition so as to render the inmate unlikely to be physically capable of presenting a danger to society, may be released on medical parole to a hospital, hospice, other licensed inpatient facility, or suitable housing accommodation as specified by the Parole Board. Provided the inmate has authorized the release of his or her personal health information, the Department shall promptly notify the Parole Board upon receipt of medical information of an inmate’s diagnosis of a terminal or serious medical condition. As used in this subsection, a “serious medical condition” does not mean a condition caused by noncompliance with a medical treatment plan.

(e)(1) The Department shall identify each inmate meeting the presumptive parole eligibility criteria in section 501a of this title and refer each eligible inmate who does not meet the risk criteria set forth in subdivision (2) of this subsection to the Parole Board for an administrative review at least 60 days prior to the inmate’s eligibility date.

(2) The Department shall screen each inmate it identifies as eligible for presumptive parole for the risk criteria set forth in this subdivision. If the Department determines that, based on clear and convincing evidence, there is a reasonable probability that the inmate’s release would result in a detriment to the community, or that the inmate is not willing and capable of fulfilling the obligations of parole, the Department shall, at least 60 days prior to the inmate’s eligibility date, refer the inmate to the Parole Board for a parole hearing.

(3)(A) Within 30 days of the inmate’s eligibility date, the Parole Board shall conduct an administrative review of each inmate the Department identifies as eligible for presumptive release who does not meet the risk criteria set forth in subdivision (2) of this subsection. The Board may deny presumptive release and set a hearing if it determines, through its administrative review, that a victim or victims should have the opportunity to participate in a parole hearing. If the Board determines there is a victim or victims who should be notified, the Department shall notify the victim or victims, and the Board shall provide them with the opportunity to participate in a parole hearing.

(B) The Parole Board shall conduct a parole hearing pursuant to section 502 of this title for each eligible inmate that the Department determines meets the risk criteria in subdivision (2) of this subsection.

(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.), § 7, eff. Jan. 1, 2021.)

§ 502b Terms and conditions of parole

(a) When an inmate is paroled, the Parole Board shall establish terms and conditions of parole that it deems reasonably necessary to ensure that the inmate will lead a law-abiding life and that will assist the inmate to do so. Such terms and conditions shall be set forth in the parolee’s parole agreement. Terms and conditions of parole shall be designed to protect the victim, potential victims, and the public, and to reduce the risk of reoffense. Such conditions may include prohibiting the use of alcohol; prohibiting having contact with minors; prohibiting or limiting the use of a computer or other electronic devices; permitting a probation officer access to all computers or other digital or electronic media, mail covers, subscription services, and credit card statements; and if a probation officer has reasonable grounds to believe the offender has violated a parole condition, permitting a probation officer to monitor or examine the offender’s activities, communications, and use of any computer or other digital or electronic device, including cell phone, smartphone, digital camera, digital video camera, digital music player or recorder, digital video player or recorder, personal digital assistant, portable electronic storage device, gaming system, or any other contemporary device capable of the storage of digital electronic communication or data storage or access to the Internet or other computer or digital network.

(b) The Parole Board may require a parolee as a condition of parole to participate, as a resident or nonresident, in programs at a treatment center for all or part of the period of parole, provided that the Commissioner certifies that adequate treatment facilities, personnel, and programs are available. If the Commissioner determines that the person’s residence in the center or participation in its programs, or both, should be terminated because the person can derive no further significant benefits from such residence or participation, or both, or because his or her residence or participation adversely affects the rehabilitation of other residents or participants, he or she shall so notify the Board, which shall thereupon make such other provision with respect to the person as it deems appropriate.

(c) A person residing in and participating in programs at a treatment center shall abide by the rules and regulations of the center and may be required to pay such costs incident to residents as the Commissioner deems appropriate.

(Added 1997, No. 148 (Adj. Sess.), § 61, eff. April 29, 1998; 2009, No. 1, § 47.)

§ 502c Parole agreement

(a) When an inmate is paroled, the Parole Board shall issue a parole agreement, which shall set forth the name of the inmate paroled, the crime the inmate was convicted of, the date and place of trial, the sentence, and the terms and conditions of the parole. A copy of the parole agreement shall be furnished to the parolee and the Commissioner.

(b) The parole agreement shall not become effective until it is signed by the inmate. The Parole Board may withdraw the granting of parole at any time before the parole agreement is signed by the inmate. After the parole agreement is signed by the parolee, parole can only be revoked in accordance with subchapter 4 of this chapter.

(c) A copy of the parole agreement shall be full authority for the Commissioner to exercise all supervision and control over the parolee prescribed by law, and shall be sufficient warrant for the detention of the parolee as provided in subdivision 403(2) of this title.

(Added 1997, No. 148 (Adj. Sess.), § 61, eff. April 29, 1998.)

§ 503 Adoption of rules

The Board may adopt such rules, consistent with the provisions of this chapter, as it considers proper or necessary regarding the eligibility of inmates for parole, the conduct of parole interviews and reviews, or the conditions to be applied to inmates released on parole and parole revocation.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1997, No. 148 (Adj. Sess.), § 62, eff. April 29, 1998.)

§ 504 Witnesses; production of records

(a) The Board may issue subpoenas requiring the attendance of any witnesses and the production of any records, books, papers, and documents as it may consider necessary for investigation of the case of any person before it. Subpoenas may be signed and oaths administered by any member of the Board. Subpoenas so issued may be served by a parole or probation officer, or a law enforcement officer, in the same manner as similar process in the Criminal Division of the Superior Court. Any Criminal Division of the Superior Court of the State, upon application of the Board, may in its discretion compel the attendance of witnesses and the production of evidence before the Board in the same manner as it may compel them to attend or be produced before the court.

(b) Any person who testifies falsely or fails to appear when subpoenaed, or fails or refuses to produce material under the subpoena, shall be subject to the same orders and penalties to which a person before a court is subject.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 2009, No. 154 (Adj. Sess.), § 238.)

§ 505 Cooperation of correctional facility officials

(a) The Board shall adopt rules regarding and shall direct, control, and supervise the administration of a system of paroles from any appropriate correctional facility.

(b) Officials in charge of correctional facilities shall give to the Board, or its properly accredited representatives, access at all reasonable times to any inmate over whom the Board has jurisdiction under this chapter and provide the Board or its representatives facilities for communicating with and observing the inmate, and furnish to the Board such documents as the Board may require concerning the conduct and character of any inmate in their custody and any other facts considered by the Board pertinent in determining whether the inmate shall be paroled.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 2001, No. 61, § 87, eff. June 16, 2001; 2015, No. 23, § 131.)

§ 506 Termination and discharge

(a) If warranted by the conduct of the parolee and the ends of justice, the Board may terminate the period of parole supervision and discharge the parolee from parole supervision. Supervision of a parolee serving a life sentence may be terminated only after 15 years measured from the date of first confinement.

(b) The Board shall discharge the parolee at the expiration of the maximum term of his or her sentence.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 2001, No. 134 (Adj. Sess.), § 7; 2003, No. 57, § 11, eff. July 1, 2004.)

§ 507 Notification to victim and opportunity to testify

(a) At least 30 days prior to a parole eligibility hearing, the victim of a listed crime as defined in 13 V.S.A. § 5301(7), shall be notified as to the time and location of the hearing. Such notification may be waived by the victim in writing.

(b) At a parole eligibility hearing, unless waived by the victim of a listed crime as defined in 13 V.S.A. § 5301(7), the inmate shall not be present when the victim testifies before the Parole Board.

(d) As used in this section, “victim” means:

(1) a victim of the listed crime for which the Parole Board is determining the inmate’s eligibility for parole; and

(2) a victim of a listed crime of which the inmate was convicted other than the listed crime for which the Parole Board is determining the inmate’s eligibility for parole.

(Added 1995, No. 170 (Adj. Sess.), § 21, eff. Sept. 1, 1996; amended 1999, No. 4, § 5; 2007, No. 174 (Adj. Sess.), § 16.)

Subchapter 4 Revocation of Parole

§ 551 Issuance of warrant; arrest without a warrant; confinement pending hearing; authority of correctional officers and law enforcement officers

(a) Parole Board warrant. The Board may issue a warrant for the arrest of a parolee, or may issue an order, to be served personally upon the parolee, requiring him or her to appear before the Board, if the Board has reason to believe that a violation of parole has occurred. The warrant shall authorize any law enforcement officers and any correctional officers to return the person to the custody of a correctional facility.

(b) Fugitive from justice. A parolee for whose return a warrant has been issued by the Board, if it is found that a warrant cannot be served, shall be considered to be a fugitive from justice or to have fled from justice.

(c) Arrest of person on parole. Any correctional officer designated by the Commissioner may arrest a parolee without a warrant if, in the judgment of the correctional officer, the person has violated a condition of his or her parole; or may deputize any other law enforcement officer to do so by giving him or her a written statement setting forth that the parolee has, in the judgment of the correctional officer, violated a condition or conditions of his or her parole. The written statement delivered with the person by the arresting officer to the supervising officer of the correctional facility to which the person is brought for detention shall be sufficient warrant for detaining him or her.

(d) No right of action. Any parolee arrested and detained in accordance with the provisions of this chapter shall have no right of action against any law enforcement officer, correctional officer, employee of the Department of Corrections, or any other persons because of such arrest and detention.

(e) Detention pending hearing for parolee. Pending a hearing on the merits upon any charge of violation, the parolee shall continue to be detained at a correctional facility. The Parole Board may authorize the parolee’s release from detention in accordance with the procedures set forth in 13 V.S.A. § 7554. For the purposes of this section, judicial officer, as defined in 13 V.S.A. § 7554(f), shall include the Chair of the Parole Board or his or her designee. There shall be no right to bail or release.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 205 (Adj. Sess.), § 1; 1997, No. 148 (Adj. Sess.), § 89, eff. April 29, 1998; 1997, No. 152 (Adj. Sess.), § 3.)

§ 551a Law enforcement powers of correctional officers; training requirements

(a) The Commissioner of Corrections shall establish training requirements necessary for a correctional officer to be authorized to exercise the power to arrest a person on probation under section 301 of this title, to arrest a person serving supervised community sentence under section 363 of this title, or to arrest a person on parole under section 551 of this title. The required training shall include training in search and seizure, criminal law, authority to arrest, use of force, reporting and record keeping, and liability for actions and conduct.

(b) The Commissioner may also authorize and designate any correctional officer as defined in subdivision 3(10) of this title to become certified by the Vermont Criminal Justice Council as a law enforcement officer pursuant to the provisions of 20 V.S.A. chapter 151. The Commissioner and the Executive Director of the Vermont Criminal Justice Council shall develop curriculum subject to the approval of the Council. The Commissioner by Department policy may prescribe the use of those law enforcement powers consistent with the official duties and job descriptions of the correctional officer, and may direct that the correctional officer not carry any weapon while on duty. Any person hereby certified shall be sworn by the Commissioner.

(Added 1997, No. 152 (Adj. Sess.), § 6; amended 2013, No. 141 (Adj. Sess.), § 21, eff. July 1, 2015.)

§ 552 Notification of Board; hearing

(a) Upon the arrest and detention of a parolee, the parole officer shall notify the Board immediately and shall submit in writing a report describing the alleged violation of a condition or conditions of the inmate’s parole.

(b) Upon receipt of the notification, or upon an arrest by warrant in accordance with the provisions of section 551 of this title, the Board shall cause the inmate together with a parole officer to be brought before it promptly for a hearing regarding the alleged violation. Parole officers may be represented by legal counsel, which shall be provided by the appropriate State’s Attorney or the Attorney General upon request, at hearings of the Parole Board.

(1) The hearing shall be conducted in accordance with such rules and regulations as the Board may adopt.

(2) If the alleged violation is established by substantial evidence, the Board may continue or revoke the parole, or enter such other order as it determines to be necessary or desirable.

(c) In the event of the withdrawal of any warrant by the authority of the Board, or in the event that the Board at the hearing on the alleged violation finds that the parolee did not violate any condition of his or her parole, or the law, the parolee shall be credited with any time lost by the interruption of the running of his or her sentence.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 553 Ineligibility for future parole

An inmate who has been re-confined following parole may be reparoled by the Board. No person having been found guilty of more than two violations of parole by the commission of any offense whose maximum term of imprisonment is more than two years or life or that may be punished by death shall be eligible for future parole during the balance of his or her original sentence.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 109, § 11, eff. May 25, 1973.)

§ 554 Service of term for additional crime

The Board may permit any parolee who commits a crime while on parole and who is convicted and sentenced therefor to serve the sentence concurrently with the term under which he or she is paroled.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

Chapter 9 Administration of the Correctional Facilities

§ 601 Powers and responsibilities of the supervising officer of each correctional facility

The supervising officer of each facility shall be responsible for the efficient and humane maintenance and operation and for the security of the facility, subject to the supervisory authority conferred by law upon the Commissioner. Each supervising officer is charged with the following powers and responsibilities:

(1) To receive, retain in confinement, and to release, in accordance with law, inmates duly committed to the Department and transferred to the facility, or duly committed to the facility.

(2) To enforce the provisions of law and the regulations of the Department for the administration of the facility, the government of its officers, and the treatment, training, employment, care, discipline, and custody of the inmates.

(3) To take proper measures to protect the safety of the inmates and personnel of the facility.

(4) To take proper measures to prevent the escape of inmates and to effect their recapture.

(5) To maintain and improve the buildings, grounds, and appurtenances of the facility.

(6) To make recommendations concerning the appointment of professional, technical, skilled, and other subordinate officers and employees for the facility.

(7) To establish and administer rules, including rules for the operation of the facility, consistent with the provisions of this title and the general policies and regulations of the Department.

(8) To give reasonable notice of promulgated rules and regulations to inmates confined at the facility.

(9) To maintain and preserve records on the management and operation of the facility, including records concerning any industries and wage funds of inmates, and to report thereon to the Commissioner at such times as the Commissioner may require.

(10) To establish and maintain, in accordance with such rules and regulations as are established by the Commissioner, records for each inmate.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 2009, No. 58, § 20; 2015, No. 137 (Adj. Sess.), § 4, eff. May 25, 2016.)

Chapter 11 Supervision of Adult Inmates at the Correctional Facilities

Subchapter 1 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

[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.)

Subchapter 1A 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

(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.)

Subchapter 2 Employment of Inmates

§ 751 Repealed

[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

[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.)

Subchapter 3 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

(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.

(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

[Repealed]

2019, No. 148 (Adj. Sess.), § 24, eff. Jan. 1, 2021.

§ 808c Repealed

[Repealed]

2019, No. 148 (Adj. Sess.), § 24, eff. Jan. 1, 2021.

§ 808d Repealed

[Repealed]

(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;

(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.

(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;

(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

[Repealed]

(Added 2019, No. 56, § 3, eff. June 10, 2019; repealed on July 1, 2021 by 2019, No. 56, § 7(a).)

Subchapter 4 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.)

Subchapter 5 Special Treatment Programs

§ 901 Evaluation and treatment facilities

The Department shall operate or cause to be operated one or more facilities for the evaluation and treatment of offenders. The facilities may be either residential or nonresidential.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 902 Commitment and sentencing

When a person is convicted of a crime before a court having criminal jurisdiction punishable by imprisonment, the court, in its discretion, before sentence may, with the consent of the Commissioner, order the person committed on a temporary basis to the custody of the Commissioner for the purpose of assignment to a facility for evaluation. The Commissioner shall return the person to the court within 60 days with a written report and recommendation whether the person should be placed on probation or should be committed.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 903 Access to treatment pending appeal; rule

Treatment, assessment, evaluation, screening, or programming shall not be restricted or denied to inmates on the basis of any anticipated or pending direct or collateral appeal of any criminal conviction, nor on the basis of any position taken by the appellant in any such action. The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding the confidentiality of communications by an inmate made for the purposes of treatment, assessment, evaluations, screening, or programming while an appeal is pending. This provision neither expands nor contracts the duty of the Commissioner to adopt rules pursuant to 3 V.S.A. chapter 25.

(Added 1995, No. 185 (Adj. Sess.), § 51, eff. May 22, 1996; amended 2015, No. 23, § 132.)

§ 904 [Reserved for future use.]

Subchapter 6 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.

(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.

(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.)

Chapter 12 Community Reparative Boards

§ 910 Restorative Justice Program

This chapter establishes a program of restorative justice for use with offenders required to participate in such a program as a condition of a sentence of probation or as ordered for civil contempt of a child support order under 15 V.S.A. § 603. The Program shall be carried out by community reparative boards under the supervision of the Commissioner, as provided by this chapter.

(Added 1999, No. 148 (Adj. Sess.), § 68, eff. May 24, 2000; amended 2011, No. 119 (Adj. Sess.), § 11.)

§ 910a Reparative boards; functions

(a) The Commissioner shall establish reparative boards and appoint to them members of the community with the advice and recommendation of nonprofit organizations or municipal entities in the localities concerned. The Commissioner shall appoint each board member to a term of one to three years, may reappoint a member to consecutive terms, and may remove a member for good cause.

(b) Each board shall elect its chair from its membership. A chair may serve for no more than one year uninterrupted. All meetings of a board shall comply with open meeting law requirements of 1 V.S.A. chapter 5, subchapter 2, consistent with probationer confidentiality requirements of this title, and as may be imposed by the court.

(c) Each board shall adopt bylaws approved by the Commissioner. Such bylaws may authorize each board to establish panels to conduct reparative board activities.

(d) Each board shall conduct its meetings in a manner that promotes safe interactions among an offender, victim or victims, and community members, and shall:

(1) In collaboration with the Department, municipalities, the courts, and other entities of the criminal justice system, implement the Restorative Justice Program of seeking to obtain offender accountability, repair harm and compensate a victim or victims and the community, increase an offender’s awareness of the effect of his or her behavior on a victim or victims and the community, and identify ways to help an offender comply with the law.

(2) Educate the public about, and promote community support for, the Restorative Justice Program.

(e) Each board shall have access to the central file of any offender required to participate with that board in the Restorative Justice Program.

(f) When engaged in board activities, a board member shall be considered a volunteer with regard to any grievance or other matter governed by 3 V.S.A. § 1101.

(Added 1999, No. 148 (Adj. Sess.), § 68, eff. May 24, 2000; amended 2011, No. 119 (Adj. Sess.), § 12.)

§ 911 Grant program for community-based half-way houses and programs

(a) A grant program for community-based alternatives to incarceration is established to assist:

(1) private nonprofit community organizations establish half-way houses and programs to help adult ex-offenders and offenders on probation, parole, or furlough reintegrate into the community; and

(2) existing half-way houses and programs for adult ex-offenders and offenders on probation, parole, or furlough.

(b) The Alternatives to Incarceration Board established under section 912 of this title shall establish procedures and guidelines by which it shall solicit and review proposals for grants, award grants, and monitor and evaluate the progress of projects funded under this chapter.

(c) Private, nonprofit organizations which create residential half-way houses for former prisoners or offenders on community release status shall receive priority funding under this chapter.

(d) [Repealed.]

(Added 1989, No. 288 (Adj. Sess.), § 2; 2009, No. 33, § 83(l)(2).)

§ 912 Repealed

[Repealed]

1999, No. 148 (Adj. Sess.), § 70, eff. May 24, 2000.

Chapter 13 Town and Village Lockups

§ 1001 Erection of lockups

At a meeting called for that purpose, a town or incorporated village may authorize the selectboard of the town or trustees of the village, to purchase or erect and maintain at the expense of the town or village within its corporate limits one or more lockups.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 1002 Jailer; appointment; removal

The selectboard of a town or the trustees of an incorporated village may appoint a jailer of the lockup and may remove him or her at pleasure. The appointment or removal shall be in writing and recorded in the office of the town or village clerk.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 1003 Commitments

When process is delivered to an officer to serve, requiring the officer to commit a person to jail to await examination or trial before a Superior Court, if the order for commitment was made within the limits of a town, incorporated village, or a county maintaining a lockup, that person may be committed for not more than 72 hours, unless the time is extended by court order, to the lockup and be subject to the restraints and entitled to the privileges provided by law for persons confined in a correctional facility. A person under 18 years of age charged or convicted of a misdemeanor may not be detained in a lockup used to house inmates over 18 years of age, except as provided in 33 V.S.A. § 5293.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1987, No. 182 (Adj. Sess.), § 6; 2013, No. 131 (Adj. Sess.), § 132, eff. May 20, 2014.)

§ 1004 Standards of maintenance and use by Department of Corrections

(a) All lockups must meet the standards established by the Commissioner of Corrections. Such standards shall comply with the standards and requirements relating to medical care established under the provisions of section 801 of this title. To assist in the management of correctional facilities, the Commissioner may contract to house an inmate in a local lockup for pretrial detention, confinement, or for community release. The Commissioner or his or her authorized agent shall visit and inspect all lockups at least once every six months.

(b) The selectboard, trustees, or sheriffs maintaining a lockup that fails to meet minimum standards shall discontinue its use within 30 days after notice thereof is sent to them by the Commissioner. They shall cause its inmates to be transferred to the nearest regional correctional facility. If the selectboard, trustees, or sheriffs do not keep a lockup according to the standards established by the Commissioner or fail to discontinue its use after notice from the Commissioner, he or she may petition the Superior Court, and the court may grant an injunction against continued use of the lockup. The court may make other orders appropriate and necessary for enforcing this section.

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1977, No. 57, § 2, eff. April 22, 1977; 1981, No. 185 (Adj. Sess.), § 3, eff. April 22, 1982; 1987, No. 199 (Adj. Sess.), § 2.)

Chapter 15 Juvenile Services

Subchapter 1 General Provisions

§ 1101 Powers and responsibilities of the Commissioner regarding juvenile services

The Commissioner is charged with the following powers and responsibilities regarding the administration of juvenile services:

(1) to provide appropriate facilities for the custody and treatment of offenders under 25 years of age committed to his or her custody in accordance with the laws of the State;

(2) to supervise and administer and oversee the maintenance of the facilities, in accordance with the various powers and responsibilities established in the office of Commissioner by this title, by 33 V.S.A. chapter 52, and by 3 V.S.A. §§ 3052 and 3053;

(3) to advise, upon request and in his or her discretion, local, State, and federal officials and public and private agencies and lay groups on the needs for and possible methods of the reduction and prevention of delinquency and the treatment of delinquents;

(4) to cooperate with other agencies whose services deal with the care and treatment of delinquents to the end that children who are committed to the custody of the Commissioner may wherever possible be assisted to a successful adjustment outside institutional care;

(5) to cooperate with other agencies in surveying, developing, and utilizing the resources of a community as a means of combating the problem of juvenile delinquency and of effectuating rehabilitation; and

(6) to hold community and State conferences from time to time in order to acquaint the public with current issues of juvenile delinquency.

(7) [Repealed.]

(Added 1971, No. 199 (Adj. Sess.), § 20; amended 2009, No. 33, § 83(l)(3); 2013, No. 131 (Adj. Sess.), § 133, eff. May 20, 2014; 2015, No. 153 (Adj. Sess.), § 16, eff. July 1, 2017; 2019, No. 124 (Adj. Sess.), § 11.)

§ 1102 Administration of facilities providing juvenile services; care of juveniles

(a) The supervising officer of any facility providing juvenile services shall be subject to all the powers and responsibilities applied to the supervising officers of facilities by section 601 of this title.

(b) Children committed to the custody of the Commissioner in accordance with the laws of the State, wherever appropriate, shall be subject to the provisions established in chapter 11, subchapter 3 of this title.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 1103 Treatment program

To aid in the treatment of juveniles committed to his or her custody, the Commissioner may:

(1) develop and administer programs of educational, vocational and physical training designed to prepare juveniles committed to his or her custody for their roles as citizens of the state and community;

(2) make full use of other methods of treatment, including medical and psychiatric examination, care, and treatment for the benefit of the child and conducive to the prevention of future violations of law by the child.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 1104 Consent to medical treatment

For the purpose of granting consent for the rendering of needed medical assistance, the State shall stand in the relationship of parent and legal guardian of the child needing the assistance, and the State shall have exclusive authority to grant consent for the assistance, notwithstanding the provisions of any other statute or law. The Commissioner, and any other officer or employee he or she may so designate, shall represent the State in this relationship.

(Added 1971, No. 199 (Adj. Sess.), § 20.)

§ 1105 Repealed

[Repealed]

2011, No. 79 (Adj. Sess.), § 31, eff. April 4, 2012.

Subchapter 2 Weeks School

§§ 1151-1158 Repealed

[Repealed]

2009, No. 33, § 83(l)(4).

Chapter 16 Youthful Offenders

§ 1161 Powers and responsibilities of the Commissioner regarding supervision of youthful offenders

In accordance with 33 V.S.A. chapter 52A, the Commissioner shall be charged with the following powers and responsibilities regarding supervision of youthful offenders:

(1) consistent with 33 V.S.A. § 5284(d), to designate a case manager who, together with a case manager appointed by the Commissioner for Children and Families, will determine the lead department to preside over the case plan and the provision of services to youths who are adjudicated as youthful offenders;

(2) together with the Commissioner for Children and Families, to maintain the general supervision of youths adjudicated as youthful offenders and placed on conditions of juvenile probation; and

(3) to supervise the administration of probation services and establish policies and standards regarding youthful offender probation investigation, supervision, case work, record keeping, and the qualification of probation officers working with youthful offenders.

(Added 2017, No. 72, § 2, eff. July 1, 2018.)

§ 1162 Methods of supervision

(a) Electronic monitoring. The Commissioner may utilize an electronic monitoring system to supervise a youthful offender placed on juvenile probation.

(b) Graduated sanctions.

(1) If ordered by the court pursuant to a modification of a youthful offender disposition under 33 V.S.A. § 5285(c)(1), the Commissioner may sanction the youthful offender in accordance with rules adopted pursuant to subdivision (2) of this subsection.

(2) The Department of Corrections shall adopt rules pursuant to 3 V.S.A. chapter 25 that establish graduated sanction guidelines for a youthful offender who violates the terms of his or her probation.

(Added 2017, No. 72, § 2, eff. July 1, 2018.)

Chapter 21 Uniform Act for Out-of-State Parolee Supervision

§§ 1301, 1302 Repealed

[Repealed]

1999, No. 90 (Adj. Sess.), § 4.

Chapter 22 Interstate Compact for the Supervision of Adult Offenders

§ 1351 Article I; Purpose

(a) The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both to and from each compacting state in such a manner as to track the location of offenders, transfer supervision authority in an orderly and efficient manner, and when necessary return offenders to the originating jurisdictions. The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 of 1965, has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime. It is the purpose of this compact and the interstate commission created hereunder, through means of joint and cooperative action among the compacting states:

(1) to provide the framework for the promotion of public safety and protect the rights of victims through the control and regulation of the interstate movement of offenders in the community;

(2) to provide for the effective tracking, supervision, and rehabilitation of these offenders by the sending, and receiving states; and

(3) to equitably distribute the costs, benefits, and obligations of the compact among the compacting states.

(b) In addition, this compact shall:

(1) create an interstate commission which shall establish uniform procedures to manage the movement between states of adults placed under community supervision and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies which shall promulgate rules to achieve the purpose of this compact;

(2) ensure an opportunity for input and timely notice to victims and to jurisdictions where defined offenders are authorized to travel or to relocate across state lines;

(3) establish a system of uniform data collection, access to information on active cases by authorized criminal justice officials, and regular reporting of compact activities to heads of state councils, state executive, judicial and legislative branches and criminal justice administrators;

(4) monitor compliance with rules governing interstate movement of offenders, and initiate interventions to address and correct noncompliance; and

(5) coordinate training and education regarding regulations of interstate movement of offenders for officials involved in such activity.

(c) The compacting states recognize that there is no right of any offender to live in another state, and that duly accredited officers of a sending state may at all times enter a receiving state and there apprehend and retake any offender under supervision subject to the provisions of this compact and of bylaws and rules promulgated hereunder.

(d) It is the policy of the compacting states that the activities conducted by the interstate commission created herein are the formation of public policies and are therefore public business.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1352 Article II; Definitions

As used in this compact, unless the context clearly requires a different construction:

(1) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law.

(2) “Bylaws” means those bylaws established by the Interstate Commission for its governance, or for directing or controlling the Interstate Commission’s actions or conduct.

(3) “Compact administrator” means the individual in each compacting state appointed pursuant to the terms of this compact responsible for the administration and management of the state’s supervision and transfer of offenders subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the state council under this compact.

(4) “Compacting state” means any state which has enacted the enabling legislation for this compact.

(5) “Commissioner” means the voting representative of each compacting state appointed pursuant to Article III of this compact.

(6) “Interstate Commission” means the Interstate Commission for Adult Offender Supervision established by this compact.

(7) “Member” means the commissioner of a compacting state or designee, who shall be a person officially connected with the commissioner.

(8) “Noncompacting state” means any state which has not enacted the enabling legislation for this compact.

(9) “Offender” means an adult placed under, or subject to, supervision as the result of the commission of a criminal offense and released to the community under the jurisdiction of courts, paroling authorities, corrections, or other criminal justice agencies.

(10) “Person” means any individual, corporation, business enterprise or other legal entity, either public or private.

(11) “Rules” means acts of the Interstate Commission, duly promulgated pursuant to Article VIII of this compact, substantially affecting interested parties in addition to the Interstate Commission, which shall have the force and effect of law in the compacting states.

(12) “State” means a state of the United States, the District of Columbia, and any other territorial possessions of the United States.

(13) “State council” means the resident members of the state council for interstate adult offender supervision created by each state under Article III of this compact.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1353 Article III; The compact commission

(a) The compacting states hereby create the Interstate Commission for Adult Offender Supervision. The Interstate Commission shall be a body corporate and the joint agency of the compacting states. The Interstate Commission shall have all the responsibilities, powers, and duties set forth in this compact, including the power to sue and be sued, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

(b) The Interstate Commission shall consist of commissioners selected and appointed by resident members of a state council for interstate adult offender supervision for each state.

(c) In addition to the commissioners who shall be the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners but who are members of interested organizations. Such noncommissioner members shall include a member of the national organizations of governors, legislators, state chief justices, attorneys general, and crime victims. All noncommissioner members of the Interstate Commission shall be ex officio, nonvoting members. The Interstate Commission may provide in its bylaws for such additional, ex officio, nonvoting members as it deems necessary.

(d) Each compacting state represented at any meeting of the Interstate Commission shall have one vote. A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

(e) The Interstate Commission shall meet at least once each calendar year. The chair may call additional meetings and, upon the request of 27 or more compacting states, shall call additional meetings. Public notice shall be given of all meetings and meetings shall be open to the public.

(f) The Interstate Commission shall establish an executive committee which shall include commission officers, members, and others as shall be determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking or amendment to the Compact. The executive committee shall oversee the day-to-day activities managed by the executive director and Interstate Commission staff, administer enforcement and compliance with the provisions of the Compact, its bylaws and as directed by the Interstate Commission, and perform other duties as directed by the Commission or set forth in the bylaws.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1354 Article IV; The State Council

(a) The Vermont State Council for Interstate Adult Offender Supervision is created. The State Council shall consist of six members:

(1) one member of the House of Representatives, who shall be appointed by the Speaker, and one member of the Senate, who shall be appointed by the Committee on Committees;

(2) one representative of the Judicial Branch appointed by the Chief Justice of the Supreme Court;

(3) one representative of the Executive Branch appointed by the Governor;

(4) one representative of a victims group appointed by the Governor; and

(5) one individual who in addition to serving as a member of the Council shall serve as the Compact Administrator for this State, appointed by the Governor after consultation with the General Assembly and the Supreme Court.

(b) The State Council shall appoint the Compact Administrator as the Vermont commissioner to the Interstate Commission. The Vermont commissioner shall serve on the Interstate Commission in such capacity under or pursuant to applicable law of this State.

(c) The State Council shall exercise oversight and advocacy concerning its participation in Interstate Commission activities and other duties as may be determined by the State Council, including development of policy concerning operations and procedures of the compact within this State.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000; amended 2017, No. 190 (Adj. Sess.), § 28, eff. May 28, 2018.)

§ 1355 Article V; Powers and duties of the Interstate Commission

The Interstate Commission shall have the following powers:

(1) To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission.

(2) To promulgate rules which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

(3) To oversee, supervise, and coordinate the interstate movement of offenders subject to the terms of this compact and any bylaws adopted and rules promulgated by the compact Commission.

(4) To enforce compliance with compact provisions, Interstate Commission rules, and bylaws, using all necessary and proper means, including, but not limited to, the use of judicial process.

(5) To establish and maintain offices.

(6) To purchase and maintain insurance and bonds.

(7) To borrow, accept, or contract for services of personnel, including, but not limited to, members and their staffs.

(8) To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions, including, but not limited to, an executive committee as required by Article III of this compact which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

(9) To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission’s personnel policies and programs relating to, among other things, conflicts of interest, rates of compensation, and qualifications of personnel.

(10) To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of same.

(11) To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.

(12) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed.

(13) To establish a budget and make expenditures and levy dues as provided in Article X of this compact.

(14) To sue and be sued.

(15) To provide for dispute resolution among compacting states.

(16) To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

(17) To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year. Such reports shall include any recommendations that may have been adopted by the Interstate Commission.

(18) To coordinate education, training, and public awareness regarding the interstate movement of offenders for officials involved in such activity.

(19) To establish uniform standards for the reporting, collecting, and exchanging of data.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1356 Article VI; Organization and operation of the Interstate Commission

(a) Bylaws. The Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of this compact, including, but not limited to:

(1) establishing the fiscal year of the Interstate Commission;

(2) establishing an executive committee and such other committees as may be necessary;

(3) providing reasonable standards and procedures:

(A) for the establishment of committees; and

(B) governing any general or specific delegation of any authority or function of the Interstate Commission;

(4) providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

(5) establishing the titles and responsibilities of the officers of the Interstate Commission;

(6) providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission; which notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission;

(7) providing a mechanism for terminating the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the compact after the payment or reserving of all of its debts and obligations;

(8) providing transition rules for start up administration of the compact;

(9) establishing standards and procedures for compliance and technical assistance in carrying out the compact.

(b) Officers and staff.

(1) The Interstate Commission shall, by a majority of the members, elect from among its members a chair and a vice chair, each of whom shall have such authorities and duties as may be specified in the bylaws. The chair or, in his or her absence or disability, the vice chair, shall preside at all meetings of the Interstate Commission. The officers so elected shall serve without compensation or remuneration from the Interstate Commission, provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

(2) The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The executive director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

(c) Corporate records of the Interstate Commission. The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.

(d) Qualified immunity; defense and indemnification. The members, officers, executive director and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person. The Interstate Commission shall defend the commissioner of a compacting state, or his or her representatives or employees, or the Interstate Commission’s representatives or employees, in any civil action seeking to impose liability, arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional wrongdoing on the part of such person. The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgement obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of such person.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1357 Article VII; Activities of the Interstate Commission

(a) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaws, in order to constitute an act of the Interstate Commission, such act shall have been taken at a meeting of the Interstate Commission and shall have received an affirmative vote of a majority of the members present.

(b) Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission. A member shall vote in person on behalf of the state and shall not delegate a vote to another member state. However, a state council shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the member state at a specified meeting. The bylaws may provide for members’ participation in meetings by telephone or other means of telecommunication or electronic communication. Any voting conducted by telephone, or other means of telecommunication or electronic communication, shall be subject to the same quorum requirements of meetings where members are present in person.

(c) The Interstate Commission shall meet at least once during each calendar year. The chair of the Interstate Commission may call additional meetings at any time and, upon the request of a majority of the members, shall call additional meetings.

(d) The Interstate Commission’s bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying. The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests. In promulgating such rules, the Interstate Commission may make available to law enforcement agencies records and information otherwise exempt from disclosure, and may enter into agreements with law enforcement agencies to receive or exchange information or records subject to nondisclosure and confidentiality provisions.

(e) Public notice shall be given of all meetings, and all meetings shall be open to the public, except as set forth in the rules or as otherwise provided in the compact. The Interstate Commission shall promulgate rules consistent with the principles contained in the United States government in Sunshine Act, 5 U.S.C. Section 552(b), as may be amended. The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:

(1) relate solely to the Interstate Commission’s internal personnel practices and procedures;

(2) disclose matters specifically exempted from disclosure by statute;

(3) disclose trade secrets or commercial or financial information which is privileged or confidential;

(4) involve accusing any person of a crime, or formally censuring any person;

(5) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(6) disclose investigatory records compiled for law enforcement purposes;

(7) disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated entity for the purpose of regulation or supervision of such entity;

(8) disclose information, the premature disclosure of which would significantly endanger the life of a person or the stability of a regulated entity;

(9) specifically relate to the Interstate Commission’s issuance of a subpoena, or its participation in a civil action or proceeding.

(f) For every meeting closed pursuant to this provision, the Interstate Commission’s chief legal officer shall publicly certify that, in his or her opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision. The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting, and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any roll call vote reflected in the vote of each member on the question. All documents considered in connection with any action shall be identified in such minutes.

(g) The Interstate Commission shall collect standardized data concerning the interstate movement of offenders as directed through its bylaws and rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1358 Article VIII; Rulemaking functions of the Interstate Commission

(a) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transition rules governing administration of the compact during the period in which it is being considered and enacted by the states. Rulemaking shall occur pursuant to the criteria set forth in this section and the bylaws and rules adopted pursuant thereto. Such rulemaking shall substantially conform to the principles of the federal Administrative Procedure Act, 5 U.S.C. section 551 et seq., and the Federal Advisory Committee Act, 5 U.S.C. app. 2, section 1 et seq., as may be amended (hereinafter referred to as APA). All rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) If a majority of the legislatures of the compacting states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact, then such rule shall have no further force and effect in any compacting state.

(1) publish the proposed rule stating with particularity the text of the rule which is proposed and the reason for the proposed rule;

(2) allow persons to submit written data, facts, opinions, and arguments, which information shall be publicly available;

(3) provide an opportunity for an informal hearing; and

(4) promulgate a final rule and its effective date, if appropriate, based on the rulemaking record.

(d) Not later than 60 days after a rule is promulgated, any interested person may file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission’s principal office is located for judicial review of such rule. If the court finds that the Interstate Commission’s action is not supported by substantial evidence, as defined in the APA, in the rulemaking record, the court shall hold the rule unlawful and set it aside.

(e) Subjects to be addressed within 12 months after the first meeting shall, at a minimum, include:

(1) notice to victims and opportunity to be heard;

(2) offender registration and compliance;

(3) violations or returns;

(4) transfer procedures and forms;

(5) eligibility for transfer;

(6) collection of restitution and fees from offenders;

(7) the level of supervision to be provided by the receiving state;

(8) transition rules governing the operation of the compact and the Interstate Commission during all or part of the period between the effective date of the compact and the date on which the last eligible state adopts the compact;

(9) mediation, arbitration and dispute resolution.

(f) The existing rules governing the operation of the repealed previous compact superseded by this compact shall be null and void twelve (12) months after the first meeting of the Interstate Commission created hereunder.

(g) Upon determination by the Interstate Commission that an emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1359 Article IX; Oversight, enforcement and dispute resolution by the Interstate Commission

(a) Oversight. The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncompacting states which may significantly affect compacting states. The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact’s purposes and intent. In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, the Interstate Commission shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

(b) Dispute resolution. The compacting states shall report to the Interstate Commission on issues or activities of concern to them, and cooperate with and support the Interstate Commission in the discharge of its duties and responsibilities. The Interstate Commission shall attempt to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and noncompacting states. The Interstate Commission shall enact a bylaw or promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

(c) Enforcement. The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions of this compact using any or all means set forth in Article XII of this compact provided by subsection 1362(b) of this title.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1360 Article X; Finance

(a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities.

(b) The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff, which must be in a total amount sufficient to cover the Interstate Commission’s annual budget as approved each year. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of the state and the volume of interstate movement of offenders in each compacting state, and shall promulgate a rule binding upon all compacting states which governs said assessment.

(c) The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

(d) The Interstate Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1361 Article XI; Compacting states; effective date; amendments

(a) Any state, as defined in Article II of this compact, is eligible to become a compacting state. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states. The initial effective date shall be the later of July 1, 2001 or upon enactment into law by the 35th jurisdiction. Thereafter it shall become effective and binding, as to any other compacting state, upon enactment of the compact into law by that state. The governors of nonmember states or their designees shall be invited to participate in Interstate Commission activities on a nonvoting basis prior to adoption of the compact by all states and territories of the United States.

(b) Amendments to the compact may be proposed by the Interstate Commission for enactment by the compacting states. No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1362 Article XII; Withdrawal; default; termination; judicial enforcement

(a) Withdrawal. Once effective, the compact shall continue in force and remain binding upon each and every compacting state, provided that a compacting state may withdraw from the compact (withdrawing state) by enacting a statute specifically repealing the statute which enacted the compact into law. The effective date of withdrawal shall be the effective date of such repeal. A withdrawing state shall immediately notify the chair of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state. The Interstate Commission shall notify the other compacting states of the withdrawing state’s intent to withdraw within 60 days of its receipt thereof. A withdrawing state shall be responsible for all assessments, obligations, and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extends beyond the effective date of withdrawal. Reinstatement following withdrawal by any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

(b) Default. If the Interstate Commission determines that any compacting state has at any time defaulted (defaulting state) in the performance of any of its obligations or responsibilities under this compact, the bylaws, or any duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

(1) fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission;

(2) remedial training and technical assistance as directed by the Interstate Commission;

(3) suspension and termination of membership in the compact.

Suspension shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted. Immediate notice of suspension shall be given by the Interstate Commission to the governor, the chief justice or chief judicial officer of the state, the majority and minority leaders of the defaulting state’s legislature, and the state council. The grounds for default shall include failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, Interstate Commission bylaws, or duly promulgated rules. The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission on the defaulting state pending a cure of the default. The Interstate Commission shall stipulate the conditions and the time period within which the defaulting state must cure its default. If the defaulting state fails to cure the default within the time period specified by the Interstate Commission, in addition to any other penalties imposed herein, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the compacting states, and all rights, privileges, and benefits conferred by this compact shall be terminated from the effective date of suspension. Within 60 days of the effective date of termination of a defaulting state, the Interstate Commission shall notify the governor, the chief justice or chief judicial officer and the majority and minority leaders of the defaulting state’s legislature, and the state council of such termination. The defaulting state shall be responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including any obligations, the performance of which extends beyond the effective date of termination. The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon between the Interstate Commission and the defaulting state. Reinstatement following termination of any compacting state shall require both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules of the Interstate Commission.

(c) Judicial enforcement. The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices to enforce compliance with the provisions of the compact, its duly promulgated rules, and bylaws, against any compacting state in default. In the event judicial enforcement is necessary, the prevailing party shall be awarded all costs of such litigation including reasonable attorney’s fees.

(d) Dissolution of the compact. The compact shall dissolve effective upon the date of the withdrawal or default of the compacting state which reduces membership in the compact to one compacting state. Upon the dissolution of this compact, the compact shall become null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be terminated and any surplus funds shall be distributed in accordance with the bylaws of the Interstate Commission.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1363 Article XIII; Severability and construction

The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. The provisions of this compact shall be liberally constructed to effectuate its purposes.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

§ 1364 Article XIV; Binding effect of compact and other laws

(a) Nothing in this compact shall prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact. All compacting states’ laws conflicting with this compact shall be superseded to the extent of the conflict.

(b) Binding effect of the compact. All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, shall be binding upon the compacting states. All agreements between the Interstate Commission and the compacting states shall be binding in accordance with their terms. Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation. In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers, or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers, or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers, or jurisdiction is delegated by law in effect at the time this compact becomes effective.

(Added 1999, No. 90 (Adj. Sess.), § 3, eff. April 27, 2000.)

Chapter 23 New England Interstate Corrections Compact

Subchapter 1 New England Interstate Corrections Compact

§ 1401 Purpose and policy—Article I

The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the policy of each of the party states to provide such facilities and programs on a basis of cooperation with one another, thereby serving the best interests of such offenders and of society and effecting economies in capital expenditures and operational costs. The purpose of this compact is to provide for the mutual development and execution of such programs of cooperation for the confinement, treatment and rehabilitation of offenders with the most economical use of human and material resources.

(Added 1961, No. 213, § 2, eff. July 11, 1961.)

§ 1402 Definitions—Article II

As used in this compact, unless the context clearly requires otherwise:

(a) “State” means a state of the United States, located in New England, to wit, Maine, New Hampshire, Vermont, Massachusetts, Connecticut and Rhode Island.

(b) “Sending state” means a state party to this compact in which conviction or court commitment was had.

(c) “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(d) “Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

(e) “Institutions” means any penal or correctional facility (including but not limited to a facility for the mentally ill or mentally defective) in which inmates as defined subsection (d) above may lawfully be confined.

(Added 1961, No. 213, § 2, eff. July 11, 1961.)

§ 1403 Contracts—Article III

(a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for:

(1) Its duration.

(2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs or treatment not reasonably included as part of normal maintenance.

(3) Participation in programs of inmate employment, if any; the disposition or crediting of any payments received by inmates on account thereof; and the crediting of proceeds from or disposal of any products resulting therefrom.

(4) Delivery and retaking of inmates.

(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) Subject to legislative approval by the states concerned and prior to the construction or completion of construction of any institution or addition thereto by a party state, any other party state or states may contract therewith for the enlargement of the planned capacity of the institution or addition thereto, or for the inclusion therein of particular equipment or structures, and for the reservation of a specific per centum of the capacity of the institution to be kept available for use by inmates of the sending state or states so contracting. Any sending state so contracting may, to the extent that monies are legally available therefor, pay to the receiving state, a reasonable sum as consideration for such enlargement of capacity, or provision of equipment or structures, and reservation of capacity. Such payment may be in a lump sum or in installments as provided in the contract.

(c) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

(Added 1961, No. 213, § 2, eff. July 11, 1961.)

§ 1404 Procedures and rights—Article IV

(a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territory of another party state is necessary or desirable in order to provide adequate quarters and care or an appropriate program of rehabilitation or treatment, said officials may direct that the confinement be within an institution within the territory of said other party state, the receiving state to act in that regard solely as agent for the sending state.

(b) The appropriate officials of any state party to this compact shall have access, at all reasonable times, to any institution in which it has a contractual right to confine inmates for the purpose of inspecting the facilities thereof and visiting such of its inmates as may be confined in the institution.

(c) Inmates confined in an institution pursuant to the terms of this compact shall at all times be subject to the jurisdiction of the sending state and may at any time be removed therefrom for transfer to a prison or other institution within the sending state, for transfer to another institution in which the sending state may have a contractual or other right to confine inmates, for release on probation or parole, for discharge, or for any other purpose permitted by the laws of the sending state; provided that the sending state shall continue to be obligated to such payments as may be required pursuant to the terms of any contract entered into under the terms of Article III.

(d) Each receiving state shall provide regular reports to each sending state on the inmates of that sending state in institutions pursuant to this compact including a conduct record of each inmate and certify said record to the official designated by the sending state, in order that each inmate may have official review of his or her record in determining and altering the disposition of said inmate in accordance with the law which may obtain in the sending state and in order that the same may be a source of information for the sending state.

(e) All inmates who may be confined in an institution pursuant to the provisions of this compact shall be treated in a reasonable and humane manner and shall be treated equally with such similar inmates of the receiving state as may be confined in the same institution. The fact of confinement in a receiving state shall not deprive any inmate so confined of any legal rights which said inmate would have had if confined in an appropriate institution of the sending state.

(f) Any hearing or hearings to which an inmate confined pursuant to this compact may be entitled by the laws of the sending state may be had before the appropriate authorities of the sending state, or of the receiving state if authorized by the sending state. The receiving state shall provide adequate facilities for such hearings as may be conducted by the appropriate officials of a sending state. In the event such hearing or hearings are had before officials of the receiving state, the governing law shall be that of the sending state and a record of the hearing or hearings as prescribed by the sending state shall be made. Said record together with any recommendations of the hearing officials shall be transmitted forthwith to the official or officials before whom the hearing would have been had if it had taken place in the sending state. In any and all proceedings had pursuant to the provisions of this subdivision, the officials of the receiving state shall act solely as agents of the sending state and no final determination shall be made in any matter except by the appropriate officials of the sending state.

(g) Any inmate confined pursuant to this compact shall be released within the territory of the sending state unless the inmate, and the sending and receiving states, shall agree upon release in some other place. The sending state shall bear the cost of such return to its territory.

(h) Any inmate confined pursuant to the terms of this compact shall have any and all rights to participate in and derive any benefits or incur or be relieved of any obligations or have such obligations modified or his or her status changed on account of any action or proceeding in which he or she could have participated if confined in any appropriate institution of the sending state located within such state.

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his or her exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

(Added 1961, No. 213, § 2, eff. July 11, 1961.)

§ 1405 Acts not reviewable in receiving state: extradition—Article V

(a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the time the sending state seeks to remove an inmate from an institution in the receiving state there is pending against the inmate within such state any criminal charge or if the inmate is formally accused of having committed within such state a criminal offense, the inmate shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment or detention for such offense. The duly accredited officers of the sending state shall be permitted to transport inmates pursuant to this compact through any and all states party to this compact without interference.

(b) An inmate who escapes from an institution in which he or she is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

(Added 1961, No. 213, § 2, eff. July 11, 1961.)

§ 1406 Federal aid—Article VI

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

(Added 1961, No. 213, § 2, eff. July 11, 1961.)

§ 1407 Entry into force—Article VII

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states from among the states of New England. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

(Added 1961, No. 213, § 2, eff. July 11, 1961.)

§ 1408 Withdrawal and termination—Article VIII

This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropriate officials of all other party states. An actual withdrawal shall not take effect until one year after the notices provided in said statute have been sent. Such withdrawal shall not relieve the withdrawing state from its obligations assumed hereunder prior to the effective date of withdrawal. Before the effective date of withdrawal, a withdrawing state shall remove to its territory, at its own expense, such inmates as it may have confined pursuant to the provisions of this compact.

(Added 1961, No. 213, § 2, eff. July 11, 1961.)

§ 1409 Other arrangements unaffected—Article IX

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

(Added 1961, No. 213, § 2, eff. July 11, 1961.)

§ 1410 Construction and severability—Article X

The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

(Added 1961, No. 213, § 2, eff. July 11, 1961.)

Subchapter 2 Provisions Relating to New England Interstate Corrections Compact

§ 1431 Powers of Commissioner of Corrections

The Commissioner of Corrections, acting only with the approval of the Governor who may delegate in writing his or her decision-making power under this chapter to the Commissioner of Corrections, is hereby authorized and directed to do all things necessary or incidental to the carrying out of the Compact in every particular.

(Added 1961, No. 213, § 3, eff. July 11, 1961; amended 1963, No. 118, § 1, eff. May 28, 1963; 1967, No. 106,§§ 1, 2; 1981, No. 50.)

Chapter 25 Interstate Agreement on Detainers

Subchapter 1 Interstate Agreement on Detainers

§ 1501 Purpose and policy—Article I

The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce uncertainties which obstruct programs of prisoner treatment and rehabilitation. Accordingly, it is the policy of the party states and the purpose of this agreement to encourage the expeditious and orderly disposition of such charges and determination of the proper status of any and all detainers based on untried indictments, informations, or complaints. The party states also find that proceedings with reference to such charges and detainers, when emanating from another jurisdiction, cannot properly be had in the absence of cooperative procedures. It is the further purpose of this agreement to provide such cooperative procedures.

(Added 1967, No. 47, § 1, eff. March 23, 1967.)

§ 1502 Definitions—Article II

As used in this agreement:

(1) “State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(2) “Sending state” shall mean a state in which a prisoner is incarcerated at the time that he or she initiates a request for final disposition pursuant to Article III hereof or at the time that a request for custody or availability is initiated pursuant to Article IV hereof.

(3) “Receiving state” shall mean the state in which trial is to be had on an indictment, information, or complaint pursuant to Article III or Article IV hereof.

(Added 1967, No. 47, § 1, eff. March 23, 1967.)

§ 1503 Prisoner’s request for final disposition—Article III

(a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party state any untried indictment, information, or complaint on the basis of which a detainer has been lodged against the prisoner, he or she shall be brought to trial within 180 days after he or she shall have caused to be delivered to the prosecuting officer and the appropriate court of the prosecuting officer’s jurisdiction written notice of the place of his or her imprisonment and his or her request for a final disposition to be made of the indictment, information, or complaint: provided that for good cause shown in open court, the prisoner or his or her counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance. The request of the prisoner shall be accompanied by a certificate of the appropriate official having custody of the prisoner, stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner.

(b) The written notice and request for final disposition referred to in paragraph (a) hereof shall be given or sent by the prisoner to the warden, Commissioner of Corrections, or other official having custody of him or her, who shall promptly forward it together with the certificate to the appropriate prosecuting official and court by registered or certified mail, return receipt requested.

(c) The warden, Commissioner of Corrections, or other official having custody of the prisoner shall promptly inform him or her of the source and contents of any detainer lodged against him or her and shall also inform him or her of his or her right to make a request for final disposition of the indictment, information, or complaint on which the detainer is based.

(d) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall operate as a request for final disposition of all untried indictments, informations, or complaints on the basis of which detainers have been lodged against the prisoner from the state to whose prosecuting official the request for final disposition is specifically directed. The warden, Commissioner of Corrections, or other official having custody of the prisoner shall forthwith notify all appropriate prosecuting officers and courts in the several jurisdictions within the state to which the prisoner’s request for final disposition is being sent of the proceeding being initiated by the prisoner. Any notification sent pursuant to this paragraph shall be accompanied by copies of the prisoner’s written notice, request, and the certificate. If trial is not had on any indictment, information, or complaint contemplated hereby prior to the return of the prisoner to the original place of imprisonment, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(e) Any request for final disposition made by a prisoner pursuant to paragraph (a) hereof shall also be deemed to be a waiver of extradition with respect to any charge or proceeding contemplated thereby or included therein by reason of paragraph (d) hereof, and waiver of extradition to the receiving state to serve any sentence there imposed upon him or her, after completion of his or her term of imprisonment in the sending state. The request for final disposition shall also constitute a consent by the prisoner to the production of his or her body in any court where his or her presence may be required in order to effectuate the purposes of this agreement and a further consent voluntarily to be returned to the original place of imprisonment in accordance with the provisions of this agreement. Nothing in this paragraph shall prevent the imposition of a concurrent sentence if otherwise permitted by law.

(f) Escape from custody by the prisoner subsequent to his or her execution of the request for final disposition referred to in paragraph (a) hereof shall void the request.

(Added 1967, No. 47, § 1, eff. March 23, 1967.)

§ 1504 Officer’s request for temporary custody—Article IV

(a) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner against whom he or she has lodged a detainer and who is serving a term of imprisonment in any party state made available in accordance with Article V(a) hereof upon presentation of a written request for temporary custody or availability to the appropriate authorities of the state in which the prisoner is incarcerated; provided that the court having jurisdiction of such indictment, information, or complaint shall have duly approved, recorded, and transmitted the request; and provided further that there shall be a period of 30 days after receipt by the appropriate authorities before the request be honored, within which period the governor of the sending state may disapprove the request for temporary custody or availability either upon his or her own motion or upon motion of the prisoner.

(b) Upon receipt of the officer’s written request as provided in paragraph (a) hereof, the appropriate authorities having the prisoner in custody shall furnish the officer with a certificate stating the term of commitment under which the prisoner is being held, the time already served, the time remaining to be served on the sentence, the amount of good time earned, the time of parole eligibility of the prisoner, and any decisions of the state parole agency relating to the prisoner. Said authorities simultaneously shall furnish all other officers and appropriate courts in the receiving state who have lodged detainers against the prisoner with similar certificates and with notices informing them of the request for custody or availability and of the reasons therefor.

(c) In respect of any proceeding made possible by this Article, trial shall be commenced within 120 days of the arrival of the prisoner in the receiving state, but for good cause shown in open court, the prisoner or his or her counsel being present, the court having jurisdiction of the matter may grant any necessary or reasonable continuance.

(d) Nothing contained in this Article shall be construed to deprive any prisoner of any right which he or she may have to contest the legality of his or her delivery as provided in paragraph (a) hereof, but such delivery may not be opposed or denied on the ground that the executive authority of the sending state has not affirmatively consented to or ordered such delivery.

(e) If trial is not had on any indictment, information, or complaint contemplated hereby prior to the prisoner’s being returned to the original place of imprisonment pursuant to Article V(e) hereof, such indictment, information, or complaint shall not be of any further force or effect, and the court shall enter an order dismissing the same with prejudice.

(Added 1967, No. 47, § 1, eff. March 23, 1967.)

§ 1505 Requirements of temporary custody—Article V

(a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where such indictment, information, or complaint is pending against such person in order that speedy and efficient prosecution may be had. If the request for final disposition is made by the prisoner, the offer of temporary custody shall accompany the written notice provided for in Article III of this agreement. In the case of a federal prisoner, the appropriate authority in the receiving state shall be entitled to temporary custody as provided by this agreement or to the prisoner’s presence in federal custody at the place for trial, whichever custodial arrangement may be approved by the custodian.

(b) The officer or other representative of a state accepting an offer of temporary custody shall present the following upon demand:

(1) Proper identification and evidence of his or her authority to act for the state into whose temporary custody the prisoner is to be given.

(2) A duly certified copy of the indictment, information, or complaint on the basis of which the detainer has been lodged and on the basis of which the request for temporary custody of the prisoner has been made.

(c) If the appropriate authority shall refuse or fail to accept temporary custody of said person, or in the event that an action on the indictment, information, or complaint on the basis of which the detainer has been lodged is not brought to trial within the period provided in Article III or Article IV hereof, the appropriate court of the jurisdiction where the indictment, information, or complaint has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.

(d) The temporary custody referred to in this agreement shall be only for the purpose of permitting prosecution on the charge or charges contained in one or more untried indictments, informations, or complaints which form the basis of the detainer or detainers or for prosecution on any other charge or charges arising out of the same transaction. Except for his or her attendance at court and while being transported to or from any place at which his or her presence may be required, the prisoner shall be held in a suitable jail or other facility regularly used for persons awaiting prosecution.

(e) At the earliest practicable time consonant with the purposes of this agreement, the prisoner shall be returned to the sending state.

(f) During the continuance of temporary custody or while the prisoner is otherwise being made available for trial as required by this agreement, time being served on the sentence shall continue to run but good time shall be earned by the prisoner only if, and to the extent that, the law and practice of the jurisdiction which imposed the sentence may allow.

(g) For all purposes other than that for which temporary custody as provided in this agreement is exercised, the prisoner shall be deemed to remain in the custody of and subject to the jurisdiction of the sending state and any escape from temporary custody may be dealt with in the same manner as an escape from the original place of imprisonment or in any other manner permitted by law.

(h) From the time that a party state receives custody of a prisoner pursuant to this agreement until such prisoner is returned to the territory and custody of the sending state, the state in which the one or more untried indictments, informations, or complaints are pending or in which trial is being had shall be responsible for the prisoner and shall also pay all costs of transporting, caring for, keeping and returning the prisoner. The provisions of this paragraph shall govern unless the states concerned shall have entered into a supplementary agreement providing for a different allocation of costs and responsibilities as between or among themselves. Nothing herein contained shall be construed to alter or affect any internal relationship among the departments, agencies, and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.

(Added 1967, No. 47, § 1, eff. March 23, 1967.)

§ 1506 Limitations—Article VI

(a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determined by the court having jurisdiction of the matter.

(b) No provision of this agreement, and no remedy made available by this agreement, shall apply to any person who is adjudged to be mentally ill.

(Added 1967, No. 47, § 1, eff. March 23, 1967.)

§ 1507 Rules and regulations—Article VII

Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, and who shall provide, within and without the state, information necessary to the effective operation of this agreement.

(Added 1967, No. 47, § 1, eff. March 23, 1967.)

§ 1508 Enactment and withdrawal—Article VIII

This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the withdrawal of any state shall not affect the status of any proceedings already initiated by inmates or by state officers at the time such withdrawal takes effect, nor shall it affect their rights in respect thereof.

(Added 1967, No. 47, § 1, eff. March 23, 1967.)

§ 1509 Construction and severability—Article IX

This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this agreement and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this agreement shall be held contrary to the constitution of any state party hereto, the agreement shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

(Added 1967, No. 47, § 1, eff. March 23, 1967.)

Subchapter 2 Provisions Relating to Interstate Agreement on Detainers

§ 1531 Appropriate court

The phrase “appropriate court” as used in the Agreement on Detainers, with reference to the courts of this State, means the Superior Court where the Vermont charge is pending.

(Added 1967, No. 47, § 2, eff. March 23, 1967; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 186.)

§ 1532 Enforcement

All courts, departments, agencies, officers, and employees of this State and its political subdivisions shall enforce the Agreement on Detainers and cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.

(Added 1967, No. 47, § 3, eff. March 23, 1967.)

§ 1533 Exception to habitual criminal law

Nothing in this subchapter or in the Agreement on Detainers shall be construed to require the application of 13 V.S.A. § 11, the habitual criminal law, to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of this agreement.

(Added 1967, No. 47, § 4, eff. March 23, 1967.)

§ 1534 Escape while under agreement; penalty

A person who escapes from custody while in another state under the Agreement on Detainers shall be punished under 13 V.S.A § 1501 as though he or she had escaped from a penal institution in this State.

(Added 1967, No. 47, § 5, eff. March 23, 1967.)

§ 1535 Correctional officials; duty

The warden or other official in charge of a penal or correctional institution in this State shall give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers.

(Added 1967, No. 47, § 6, eff. March 23, 1967.)

§ 1536 Administrator

The Commissioner of Corrections shall serve as central administrator of and information agent for the Agreement on Detainers.

(Added 1967, No. 47, § 7, eff. March 23, 1967; amended 1967, No. 319 (Adj. Sess.), § 4, eff. March 22, 1968.)

§ 1537 Notification of agreement

Copies of this chapter shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the Council of State Governments.

(Added 1967, No. 47, § 8, eff. March 23, 1967.)

Chapter 27 Interstate Corrections Compact

Subchapter 1 The Compact

§ 1601 Purpose and policy—Article I

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)

§ 1602 Definitions—Article II

As used in this compact, unless the context clearly requires otherwise:

(a) “State” means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico.

(b) “Sending state” means a state party to this compact in which conviction or court commitment was had.

(c) “Receiving state” means a state party to this compact to which an inmate is sent for confinement other than a state in which conviction or court commitment was had.

(d) “Inmate” means a male or female offender who is committed, under sentence to or confined in a penal or correctional institution.

(e) “Institution” means any penal or correctional facility, including but not limited to a facility for the mentally ill or mentally defective, in which inmates as defined in subsection (d) above may lawfully be confined.

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)

§ 1603 Contracts—Article III

(1) Its duration.

(2) Payments to be made to the receiving state by the sending state for inmate maintenance, extraordinary medical and dental expenses, and any participation in or receipt by inmates of rehabilitative or correctional services, facilities, programs, or treatment not reasonably included as part of normal maintenance.

(4) Delivery and retaking of inmates.

(5) Such other matters as may be necessary and appropriate to fix the obligations, responsibilities and rights of the sending and receiving states.

(b) The terms and provisions of this compact shall be a part of any contract entered into by the authority of or pursuant thereto, and nothing in any such contract shall be inconsistent therewith.

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)

§ 1604 Procedures and rights—Article IV

(i) The parent, guardian, trustee, or other person or persons entitled under the laws of the sending state to act for, advise, or otherwise function with respect to any inmate shall not be deprived of or restricted in his exercise of any power in respect of any inmate confined pursuant to the terms of this compact.

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)

§ 1605 Acts not reviewable in receiving state: extradition—Article V

(b) An inmate who escapes from an institution in which he is confined pursuant to this compact shall be deemed a fugitive from the sending state and from the state in which the institution is situated. In the case of an escape to a jurisdiction other than the sending or receiving state, the responsibility for institution of extradition or rendition proceedings shall be that of the sending state, but nothing contained herein shall be construed to prevent or affect the activities of officers and agencies of any jurisdiction directed toward the apprehension and return of an escapee.

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)

§ 1606 Federal aid—Article VI

Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this compact may participate in any such federally aided program or activity for which the sending and receiving states have made contractual provision, provided that if such program or activity is not part of the customary correctional regimen the express consent of the appropriate official of the sending state shall be required therefor.

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)

§ 1607 Entry into force—Article VII

This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states. Thereafter, this compact shall enter into force and become effective and binding as to any other of said states upon similar action by such state.

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)

§ 1608 Withdrawal and termination—Article VIII

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)

§ 1609 Other arrangements unaffected—Article IX

Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation, or treatment of inmates nor to repeal any other laws of a party state authorizing the making of cooperative institutional arrangements.

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)

§ 1610 Construction and severability—Article X

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)

Subchapter 2 Provision Relating to the Compact

§ 1621 Powers of Commissioner of Corrections

The Commissioner of Corrections is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and he or she may in his or her discretion delegate this authority to another appropriate official.

(Added 1969, No. 13, § 1, eff. Feb. 28, 1969.)