Commitment, Transfer, and Discharge

V.S.A. tit. 28, ch. 11, subch. 1

in effect

28 V.S.A. § 701 Commitment to the custody of the Commissioner

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.

28 V.S.A. § 701a Segregation of inmates with a serious functional impairment

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” has the same meaning as in subdivision 3(17) 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; 2025, No. 117 (Adj. Sess.), § 9, eff. July 1, 2026.

28 V.S.A. § 701b Classification of persons or defendants

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.

28 V.S.A. § 701c Classification and housing placement determinations

701c. Classification and housing placement determinations (a) The Department shall make classification and housing placement determinations for transgender, gender-diverse, and intersex inmates consistent with this section. (b) During the initial intake process, and in as private a setting as possible, the Department shall ask each transgender, gender-diverse, or intersex inmate to specify the inmate’s request as to housing placement. (c) The Department shall make classification and housing placement determinations for transgender, gender-diverse, or intersex inmates based on review by the Department’s multidisciplinary review panels. The multidisciplinary review panels shall consult with medical personnel, mental health professionals with experience in gender dysphoria or gender-affirming care, and personnel who have received training aligned with nationally recognized standards for gender-affirming care. (d) The Department shall consider on an individualized basis whether a classification or housing placement would best support a transgender, gender-diverse, or intersex inmate’s health and safety and whether the placement would pose risks to safety or security. The Department may determine that a classification or housing placement would not best protect health or safety at that time, but may recommend discussing reassessment with the inmate at a later time. (1) The Department shall give serious consideration to the inmate’s classification or housing placement request. If the Department finds that accommodating the inmate’s request would pose an unreasonable risk to institutional safety or security, the inmate’s health or safety, or the safety or security of other inmates or staff, the Department may decide that it cannot accommodate the request. (2) The Department shall make its classification and housing placement determinations on an objective basis. (e) If the Department does not accommodate an inmate’s classification or housing placement request, the Department shall, upon determining that it will not accommodate the request, document in writing a specific reason the Department is unable to accommodate the inmate’s classification or housing placement request. (f) The Department shall consider on an individualized basis whether placement at a facility outside the State would best support a transgender, gender-diverse, or intersex inmate’s health and safety and whether the placement would pose risks to safety or security. The Department shall coordinate with any facility outside the State to assess and reassess placement determinations. (g) The Department shall reassess an inmate’s housing placement at any time if: (1) the inmate requests a reassessment or raises concerns about the inmate’s health or safety; or (2) the inmate engages in misconduct, including conduct that poses a safety risk to the inmate or to other inmates. (h) The Department shall give a transgender, gender-diverse, or intersex inmate’s perception of health and safety serious consideration in making bed assignment and housing placement decisions, including: (1) selecting the inmate with whom the inmate is housed to best support safety and security; and (2) if there is an articulable risk to the inmate, removing the risk, where possible, or otherwise alleviating the risk. Added 2025, No. 117 (Adj. Sess.), § 5, eff. July 1, 2026.

28 V.S.A. § 702 Transfer between facilities of the Department

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.

28 V.S.A. § 703 Transfer to the Department of Mental Health

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.

28 V.S.A. § 704 Disposition when person recovers

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.

28 V.S.A. § 705 Hospitalization upon expiration of sentence

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.

28 V.S.A. § 706 Transfer to federal correctional facility

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.

28 V.S.A. § 707 Confinement of persons convicted by U.S. courts

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.

28 V.S.A. § 708 Discharge

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.

28 V.S.A. § 710 Approval of residence

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.

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