Vermont Statutes Title 28 Sec. 701a
Terms Used In Vermont Statutes Title 28 Sec. 701a
- Commissioner: means the Commissioner of Corrections. See
- Department: means the Department of Corrections. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- 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. See
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
- Oversight: Committee review of the activities of a Federal agency or program.
- 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. See
§ 701a. Segregation of inmates with a serious functional impairment
(a) The Commissioner shall adopt rules pursuant to 3 Vt. Stat. Ann. 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.)