Care of Inmates

V.S.A. tit. 28, ch. 11, subch. 3

in effect

28 V.S.A. § 801 Medical 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.

28 V.S.A. § 801a Pregnant inmates

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.

28 V.S.A. § 801b Medication for opioid use disorder in correctional facilities

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 (C) the offender elects to commence medication for opioid use disorder. (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.

28 V.S.A. § 802 Correspondence of inmates

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.

28 V.S.A. § 802a Telephone use; debit and collect call systems

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.

28 V.S.A. § 803 Exercise of religious beliefs

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.

28 V.S.A. § 804 Right of inmates to confer with counsel

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.

28 V.S.A. § 805 Counsel for an inmate confined during the pendency of prosecution

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.

28 V.S.A. § 806 Allowances to inmates

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.

28 V.S.A. § 807 Voting rights

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.

28 V.S.A. § 808 Temporary furloughs granted to offenders

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.

28 V.S.A. § 808a Treatment furlough

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. (c) [Repealed.] Added 2011, No. 41, § 3a; amended 2011, No. 41, § 3c, eff. April 1, 2013; 2019, No. 148 (Adj. Sess.), § 9, eff. Jan. 1, 2021.

28 V.S.A. § 808e Absconding from furlough; warrant

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.

28 V.S.A. § 809 Pardons; application; notice; hearing; decision

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.

28 V.S.A. § 810 Conditional pardon; breach

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.

28 V.S.A. § 811 Work camps; reduction of term

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.

28 V.S.A. § 812 Denial of good time credit

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.

28 V.S.A. § 813 Restoration of reductions

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.

28 V.S.A. § 814 Appointment of agent, attorney, or trustee for an inmate

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.

28 V.S.A. § 815 Development of guidelines; visitation and recreation

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.

28 V.S.A. § 816 Inmate Recreation Fund

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.

28 V.S.A. § 817 Creation of work camps; intent

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.

28 V.S.A. § 818 Earned time; reduction of term

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 (B). (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 (4); (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; (C) maintain a system that documents and records all such reductions in each offender’s permanent record; and (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. (c) As used in this section: (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; (C) kidnapping in violation of 13 V.S.A. § 2405; (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.

28 V.S.A. § 820 Prison rape elimination standards

820. Prison rape elimination standards (a) The Department of Corrections shall adopt and comply with the Prison Rape Elimination Act national standards, 28 C.F.R. Part 115, in effect as of January 1, 2024, for the prevention, detection, and monitoring of, and response to, sexual abuse in correctional facilities, including: (1) zero tolerance of sexual abuse; (2) contracting with other entities for the confinement of inmates; (3) inmate or detainee supervision; (4) heightened protection for vulnerable detained individuals; (5) limits to different-gender viewing and searches; (6) accommodating inmates with special needs; (7) hiring and promotion decisions; (8) assessment and use of monitoring technology; (9) evidence protocol and forensic medical examinations; (10) agreements with outside public entities and community service providers; (11) agreements with outside law enforcement agencies; (12) agreements with the prosecuting authority; (13) employee training; (14) volunteer and contractor training; (15) inmate education; (16) attorney and contractor notification of agency zero-tolerance policy; (17) specialized training related to investigations; (18) specialized training related to medical care, including mental health care; (19) screening for risk of victimization and abusiveness; (20) use of screening information; (21) inmate reporting; (22) exhaustion of administrative remedies; (23) inmate access to outside confidential support services or legal representation; (24) third-party reporting; (25) staff and facility or agency head reporting duties; (26) reporting to other confinement facilities; (27) staff first responder duties; (28) coordinated response; (29) agency protection against retaliation; (30) duty to investigate; (31) criminal and administrative agency investigations; (32) evidence standard for administrative investigations; (33) disciplinary sanctions for staff; (34) disciplinary sanctions for inmates; (35) referrals for prosecution for inmate-on-inmate sexual abuse; (36) medical screenings, including mental health screenings, related to history of sexual abuse; (37) access to emergency medical services, including mental health services; (38) ongoing medical care, including mental health care, for sexual abuse victims and abusers; (39) immediate and ongoing access to sexual assault crisis services; (40) sexual abuse incident reviews; (41) data collection; (42) data review for corrective action; (43) data storage, publication, and destruction; and (44) audits of standards. (b) Starting in 2027, the Commissioner of Corrections shall annually submit a report to the House Committee on Corrections and Institutions and the Senate Committee on Institutions that provides the data required under 28 C.F.R. § 115.87. (c) On or before January 15, 2027, the Commissioner of Corrections shall adopt policies to implement the provisions of subsection (a) of this section. Added 2025, No. 117 (Adj. Sess.), § 6, eff. July 1, 2026.

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