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H.818

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

Referred to Committee on

Date:

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

(a)  All 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 authorized agent.

(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.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us