Discipline and Control of Inmates

V.S.A. tit. 28, ch. 11, subch. 4

in effect

28 V.S.A. § 851 General provisions

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.

28 V.S.A. § 852 Disciplinary committee; hearing

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.

28 V.S.A. § 853 Punishment; maintenance of records; recommendation of transfer

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.

28 V.S.A. § 854 Grievances

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.

28 V.S.A. § 855 Hearing officers

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.

28 V.S.A. § 856 Special management meals

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.

28 V.S.A. § 857 Administrative segregation; procedural requirements

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.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/28/011Fetched: 10/21/2026