§ 808. Temporary furloughs granted to offenders
(a) The Department may extend the limits of the place of confinement of an offender at any correctional facility if the offender agrees to comply with such conditions of supervision the Department, in its sole discretion, deems appropriate for that offender’s furlough. The Department may authorize a temporary furlough for a defined period for any of the following reasons:
(1) to visit a critically ill relative;
(2) to attend the funeral of a relative;
(3) to obtain medical services;
(4) to contact prospective employers;
(5) to secure a suitable residence for use upon discharge.
(b) An offender granted a temporary furlough pursuant to this section may be accompanied by an employee of the Department, in the discretion of the Commissioner, during the period of the offender’s furlough. The Department may use electronic monitoring equipment such as global position monitoring, automated voice recognition telephone equipment, and transdermal alcohol monitoring equipment to enable more effective or efficient supervision of individuals placed on furlough.
(c) The extension of the limits of the place of confinement authorized by this section shall in no way be interpreted as a probation or parole of the offender, but shall constitute solely a permitted extension of the limits of the place of confinement for offenders committed to the custody of the Commissioner.
(d) When any enforcement officer, as defined in 23 V.S.A. § 4; employee of the Department; or correctional officer responsible for supervising an offender believes the offender is in violation of any verbal or written condition of the temporary furlough, the officer or employee may immediately lodge the offender at a correctional facility or orally or in writing deputize any law enforcement officer or agency to arrest and lodge the offender at such a facility. The officer or employee shall subsequently document the reason for taking such action.
(e) The Commissioner may place on medical furlough any offender who is serving a sentence, including an offender who has not yet served the minimum term of the sentence, who is diagnosed with a terminal or serious medical condition so as to render the offender unlikely to be physically capable of presenting a danger to society. The Commissioner shall develop a policy regarding the application for, standards for eligibility of, and supervision of persons on medical furlough. The offender may be released to a hospital, hospice, other licensed inpatient facility, or other housing accommodation deemed suitable by the Commissioner. As used in this subsection, a “serious medical condition” does not mean a condition caused by noncompliance with a medical treatment plan.
(f) [Repealed.]
(g) Subsection (b) of this section shall also apply to sections 808a and 808c of this title. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 48, § 6; 1973, No. 109, § 12; 1973, No. 205 (Adj. Sess.), § 4; 1997, No. 152 (Adj. Sess.), § 9; 1999, No. 29, § 55, eff. May 19, 1999; 2001, No. 61, § 88, eff. June 16, 2001; 2001, No. 149 (Adj. Sess.), § 41, eff. June 27, 2002; 2005, No. 63, § 6; 2007, No. 179 (Adj. Sess.), §§ 9, 10; 2009, No. 146 (Adj. Sess.), § D7; 2009, No. 157 (Adj. Sess.), §§ 7, 8; 2011, No. 41, § 3; 2013, No. 96 (Adj. Sess.), § 189; 2015, No. 43, § 3, eff. June 1, 2015; 2017, No. 91 (Adj. Sess.), § 2; 2019, No. 148 (Adj. Sess.), § 8, eff. Jan. 1, 2021.)
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