Introduced by Representatives Allard of St. Albans Town, Audette of S. Burlington, Brennan of Colchester, Canfield of Fair Haven, Howrigan of Fairfield, Kilmartin of Newport City, Parent of St. Albans City and Westman of Cambridge
Subject: Corrections; court procedure; sheriffs; use of restraints
Statement of purpose: This bill proposes to permit sheriffs and other officers responsible for transporting offenders between correctional facilities and the courts to determine whether a restrained offender should remain in restraints while in the courtroom.
AN ACT RELATING TO USE OF RESTRAINTS ON OFFENDERS WHILE IN THE COURTROOM
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 24 V.S.A. § 296 is amended to read:
§ 296. TRANSPORTATION OF PRISONERS AND MENTAL PATIENTS
commitments to a state correctional facility or state mental institution or to
any other place named by the commissioner of corrections, commissioner of
developmental and mental health services or committing court, shall be made by
any sheriff, deputy sheriff, state police officer, police officer, or constable
in the state, or the commissioner of corrections or
his the commissioner’s
(b) The officer responsible for transporting a person from a correctional facility to a court building may cause the person to be in restraints at any time while in the court building if, in the transporting officer’s sole determination, restraints are necessary to protect persons or property or to prevent escape.
The Vermont General Assembly
115 State Street