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Terms Used In Vermont Statutes Title 28 Sec. 903

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Commissioner: means the Commissioner of Corrections. See
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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

§ 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 Vt. Stat. Ann. 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 Vt. Stat. Ann. chapter 25. (Added 1995, No. 185 (Adj. Sess.), § 51, eff. May 22, 1996; amended 2015, No. 23, § 132.)