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SUMMARY OF THE 2006 ACTS AND RESOLVES

ACT NO. 180

(H.306)

Transportation of individuals in the custody of the state; juvenile proceedings; corrections; health

This act mandates that when the state transports a child who is in the custody of the state, a patient who is in the custody of the state, or a pregnant inmate, that all reasonable and appropriate measures consistent with safety are made to transport or escort the person in a manner which prevents physical and psychological trauma, respects the privacy of the individual, and represents the least restrictive means necessary for the safety of the person being transported. Mechanical restraints are not to be used routinely in transports, but may be used when circumstances warrant them provided that the reason for the restraints is documented in writing.

On or before January 31, 2007 and January 31, 2008, the commissioner of the department for children and families is required to report to the house committee on human services and the senate committee on health and welfare data for the preceding year regarding the transportation of children in the custody of the commissioner by a sheriff or deputy sheriff. The data shall include the number and gender of children transported to various locations and geographic distribution of the use of such transports.

On or before January 31, 2007 and January 31, 2008, the commissioner of the department of health is required to report to the house committee on human services and the senate committee on health and welfare data for the preceding year regarding the transportation of persons in accordance with 18 V.S.A. § 7511. The data shall include the number, method, and location of all adult and child transports.

The department for children and families, the department of health, the department of corrections, the department of state's attorneys and sheriffs, the office of the defender general, and the court administrator's office are required to meet to discuss protocols for the secure transport of children, persons being hospitalized for mental illness, and pregnant inmates who are in state custody and to develop strategies for reducing the frequency and necessity of secure transports using mechanical restraints. The group shall provide the house committee on human services and the senate committee on health and welfare with a letter detailing its findings and recommendations no later than January 15, 2007.

Effective Date: July 1, 2006.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us