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S.247

Introduced by Senator Sears of Bennington District, Senator Bartlett of Lamoille District, Senator Campbell of Windsor District and Senator Coppenrath of Caledonia District

Referred to Committee on

Date:

Subject:  Corrections; punishment of inmates

Statement of purpose:  This bill proposes to clarify existing law regarding punishment of inmates for breach of facility rules.

AN ACT RELATING TO PUNISHMENT OF INMATES

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

Sec. 1.  28 V.S.A. § 853 is amended to read:

§ 853.  PUNISHMENT; MAINTENANCE OF RECORDS;

            RECOMMENDATION OF TRANSFER

(a)(1)  Except in serious cases as provided in subdivision (2) of this subsection, punishment for a breach of the rules and regulations of the facility shall consist of deprivation of privileges.  In cases of

(2)  Serious breaches of the rules and regulations shall include assault, escape, or attempt to escape, or and other serious breach of the rules, breaches as defined by the department.  In cases involving a serious breach, the disciplinary committee may recommend to the supervising officer of the facility, and he who may order other forms of discipline, in addition to or as substitution for a loss of privileges, that any portion of an inmate’s reduction of term for good behavior be forfeited or withheld in accordance with section 812 of this title.  In cases involving breach of the rules and regulations of the facility that result.  If the serious breach results in damage to state-owned property, the disciplinary committee may fix the an amount of restitution or reparation, which shall not exceed an amount the offender inmate can or will be able to pay, and shall fix the manner of performance.  Other forms of discipline for a serious breach of the rules may include:

(A)  Recommendation by the disciplinary committee and by the supervising officer also may be made to the commissioner that the inmate be transferred to another facility.  

(B)  For serious breach of the rules the disciplinary committee Confinement, in accordance with the regulations of the department, may also recommend, and the supervising officer may order, that an inmate be confined in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility.; provided:

(1)(i)  The period of such confinement shall not exceed thirty 30 days consecutively;

(2)(ii)  The inmate shall be supplied with a sufficient quantity of wholesome and nutritious food, which shall be of the same quantity and nutritional quality as that provided to the general population of inmates at the facility;

(3)(iii)  Adequate sanitary and other conditions required for the health of the inmate shall be maintained; and

(4)(iv)  The supervising officer of the facility shall comply with any recommendation that may be made by the institution’s facility’s physician for measures with respect to dietary needs or conditions of confinement of each inmate required to maintain the health of the inmate.

(b)  No cruel, inhuman, or corporal punishment shall be used on any inmate, nor is the use of force on any inmate justifiable except as provided by law.

(c)  The supervising officer of any facility shall maintain a record of all breaches of rules, of the disposition of each case, and of the punishment, if any, for each breach.  Each breach of the rules by an inmate shall be entered in the file of the inmate, together with the disposition or punishment therefor.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us