§ 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.
(2) Serious breaches of the rules and regulations shall include assault, escape, attempt to escape, and other serious breaches. In cases involving a serious breach, the disciplinary committee may recommend to the supervising officer of the facility, who may then order, other forms of discipline in addition to or as substitution for a loss of privileges. If the serious breach results in damage to State-owned property, the disciplinary committee may fix an amount of restitution or reparation, which shall not exceed an amount the 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 to the Commissioner that the inmate be transferred to another facility.
(B) Segregation, in accordance with the regulations of the Department, in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility; provided:
(i) the period of such segregation shall not exceed 30 days consecutively;
(ii) he 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;
(iii) adequate sanitary and other conditions required for the health of the inmate shall be maintained; and
(iv) the supervising officer of the facility shall comply with any recommendation that may be made by the facility’s physician for measures with respect to dietary needs or conditions of segregation 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, the disposition of each case, and 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. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1975, No. 21, § 2, eff. March 31, 1975; 1977, No. 57, § 1, eff. April 21, 1977; 1977, No. 264 (Adj. Sess.), § 1; 2005, No. 177 (Adj. Sess.), § 2.)
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