§ 701b. Classification of persons or defendants
(a) When a defendant or person in a civil or criminal action is sentenced to the custody of the Commissioner or committed to the Commissioner’s custody pending a prosecution on a misdemeanor charge or for sentencing, the Commissioner or the Commissioner’s designee shall within five days of sentencing or commitment, excluding weekends and holidays, classify the person to determine whether he or she shall be incarcerated, held at a community work camp, or furloughed. Failure to classify within the five-day period shall not create a private right of action against the State, its political subdivisions, or its employees.
(b) Notwithstanding 13 V.S.A. § 7554, the Commissioner may place on furlough under provisions of section 808 of this title, a misdemeanor defendant when the Commissioner, based upon a completed classification, has determined that the defendant is likely to appear in court as directed. If the Commissioner places such a defendant on furlough, the Commissioner shall impose not only the conditions of release initially ordered by the judicial officer, but also such additional terms or conditions deemed necessary to ensure that the defendant will appear in court. The Commissioner shall supervise compliance with all such conditions imposed. (Added 1995, No. 185 (Adj. Sess.), § 49, eff. May 22, 1996; 2009, No. 33, § 50.)
Structure Vermont Statutes
Title 28 - Public Institutions and Corrections
Chapter 11 - Supervision of Adult Inmates at the Correctional Facilities
§ 701. Commitment to the custody of the Commissioner
§ 701a. Segregation of inmates with a serious functional impairment
§ 701b. Classification of persons or defendants
§ 702. Transfer between facilities of the Department
§ 703. Transfer to the Department of Mental Health
§ 704. Disposition when person recovers
§ 705. Hospitalization upon expiration of sentence
§ 706. Transfer to federal correctional facility
§ 707. Confinement of persons convicted by U.S. courts
§ 721. Offender reintegration; State policy
§ 723. Community supervision furlough
§ 724. Terms and conditions of community supervision furlough
§ 725. Parole hearing for offenders on community supervision furlough
§ 751b. General provisions governing offender work
§ 752. Offender Work Programs Special Fund
§ 754. Powers and responsibilities of the Department regarding the work release program
§ 755. Disposition of earnings
§ 757. Inmate not an agent of the State
§ 759. Employment and furlough of an inmate during the pendency of prosecution
§ 760. Compensation of offenders
§ 761. Offender work programs expansion
§ 801. Medical care of inmates
§ 801b. Medication-assisted treatment in correctional facilities
§ 802. Correspondence of inmates
§ 802a. Telephone use; debit and collect call systems
§ 803. Exercise of religious beliefs
§ 804. Right of inmates to confer with counsel
§ 805. Counsel for an inmate confined during the pendency of prosecution
§ 808. Temporary furloughs granted to offenders
§ 808d. Definition; eligible misdemeanor
§ 808e. Absconding from furlough; warrant
§ 809. Pardons; application; notice; hearing; decision
§ 810. Conditional pardon; breach
§ 811. Work camps; reduction of term
§ 812. Denial of good time credit
§ 813. Restoration of reductions
§ 814. Appointment of agent, attorney, or trustee for an inmate
§ 815. Development of guidelines; visitation and recreation
§ 817. Creation of work camps; intent
§ 818. Earned time; reduction of term
§ 852. Disciplinary committee; hearing
§ 853. Punishment; maintenance of records; recommendation of transfer
§ 856. Special management meals
§ 857. Administrative segregation; procedural requirements
§ 901. Evaluation and treatment facilities
§ 902. Commitment and sentencing
§ 903. Access to treatment pending appeal; rule
§ 907. Mental health service for inmates; powers and responsibilities of Commissioner