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H.306

AN ACT RELATING TO TRANSPORTATION OF INDIVIDUALS IN THE CUSTODY OF THE STATE

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  33 V.S.A. § 5541 is added to read:

§ 5541.  TRANSPORTATION OF A CHILD

(a)  The commissioner of the department for children and families shall ensure that all reasonable and appropriate measures consistent with public safety are made to transport or escort a child subject to this chapter in a manner which:

(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 child.

(b)  The commissioner of the department for children and families shall have the authority to select the person or persons who may transport a child under the commissioner’s care and custody.

(c)  The commissioner shall assure supervisory review of every decision to transport a child using mechanical restraints.  When transportation with restraints for a particular child is approved, the reasons for the approval shall be documented in writing.

Sec. 2.  18 V.S.A. § 7511 is amended to read:

§ 7511.  TRANSPORTATION

(a)  The commissioner of the department of health shall ensure that all reasonable and appropriate efforts measures consistent with public safety are made to transport or escort a person subject to this chapter to and from any inpatient setting, including escorts within a designated hospital or the Vermont state hospital, or otherwise being transported under the jurisdiction of the commissioner in a manner which:

(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 patient.

(b)  The commissioner shall have the authority to designate by rule the professionals who may transport authorize the method of transport of patients under the commissioner's care and custody.

(c)  When a professional designated pursuant to subsection (b) of this section decides an individual is in need of secure transport with mechanical restraints, the reasons for such determination shall be documented in writing.

Sec. 3.  DATA COLLECTION

(a)  On or before January 31, 2007 and January 31, 2008, the commissioner of the department for children and families shall 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.

(b)  On or before January 31, 2007 and January 31, 2008, the commissioner of the department of health shall 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.

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us