Introduced by Senator Sears of Bennington District, Senator Cummings of Washington District, Senator Flanagan of Chittenden District, Senator Leddy of Chittenden District and Senator Welch of Windsor District
Subject: Corrections; supervision of adult inmates; reduction of term for good behavior
Statement of purpose: This bill proposes to restore the ability of inmates to earn reductions to their minimum sentences for good behavior.
AN ACT RELATING TO RESTORING GOOD BEHAVIOR REDUCTIONS FOR MINIMUM SENTENCES
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 28 V.S.A. § 811 is amended to read:
§ 811. REDUCTION OF TERM FOR GOOD BEHAVIOR
inmate sentenced to imprisonment and committed to the custody of the
commissioner for a fixed term or terms shall earn a reduction of five days in
the minimum and maximum
term terms of confinement for each
month during which the inmate has faithfully observed all the rules and
regulations of the institution to which the inmate is committed.
reduction of up to ten additional days in the minimum and maximum
terms of confinement for each month may be made if the inmate
participates in treatment, educational or vocational training programs or work
identified by the department to address the inmate’s needs. If the inmate
refuses to participate in such programs or work identified by the department to
address the inmate’s needs, but participates in other treatment, educational,
or vocational training programs or work, a reduction of up to five additional
days in the minimum and maximum term terms of confinement
for each month may be made.
inmate who agrees to participate in a treatment, educational, or
vocational program or work identified by the department to address the inmate’s
needs, but is unable to participate due to insufficient program opportunities
provided by the department of corrections shall be awarded the maximum number
of days’ reduction in the minimum and maximum
of confinement allowable for the program opportunity denied the inmate.
Notwithstanding subsections (a), (b) and (c) of this section, a A
reduction of up to 15 additional days a month in the minimum and maximum terms
of confinement may be made in accordance with a policy established by the
director of a work camp in which the inmate is confined for each month during
which the inmate demonstrates, beyond the level normally expected, consistent
program performance or meritorious work performance.
(e) This section applies only while an inmate is committed to the custody of the commissioner and in no case while the inmate is on probation, parole or supervised community service.
(f) At least once monthly, each inmate committed to the custody of the commissioner shall be entitled to see his or her permanent file which shall record any reduction in the maximum term of confinement. If the inmate is not awarded the maximum allowable reduction in the maximum term of confinement in any given month, a written explanation for the denial of such reduction shall be included in the inmate’s file. For an inmate confined in a work camp, the provisions of this subsection shall apply to both the minimum and maximum terms of the inmate’s confinement.
no case shall the reductions to an inmate’s sentence as provided for in this
section result in the inmate’s maximum sentence being less than the inmate’s
minimum sentence. (h) Where
the sentence is the unsuspended portion of a sentence imposed under subsection
205(a) of this title, it shall be treated as the minimum term of the entire
sentence for purposes of this section.
Sec. 2. EFFECTIVE DATE
This act shall take effect upon passage and shall apply to all inmates who at any time are or have been sentenced to imprisonment and committed to the custody of the commissioner of corrections.
The Vermont General Assembly
115 State Street