13-006 Code Vt. R. 13-130-006-X

Current through August, 2024

Section 13 130 006 - INMATE PROCEDURE TO MARRY

The Department of Corrections (DOC) recognizes the fundamental right of individuals to wed. The DOC shall review all requests by inmates to marry on a case by case basis. All requests for marriage shall be reviewed by the Superintendent of the facility where the inmate is incarcerated, and the DOC Commissioner.

When making determinations as to whether to allow the marriage ceremony to take place, DOC shall consider the underlying legal requirements and shall deny the request if the conditions are not met:

1. Whether both parties are of legal age to wed - at least 18 years or older, or have the consent of a parent or guardian if aged 16 or 17;

2. Whether the parties are closely related, and therefore prohibited to wed under Vermont law;

3. Whether the inmate, or inmates, is/are physically or mentally capable of entering into marriage. If either party is under a guardianship, DOC may consider whether the guardian has approved the marriage;

4. Whether either party is unable to wed due to the existence of a current marriage or civil union; and

5. Whether there is indication and support that consent to marriage was obtained by force or fraud.

The DOC may also consider:

1. Whether the inmate is on a non-contact visiting status, as defined by the DOC policy on inmate visits, the intended spouse is on the visiting ban list, or if there is an Relief From Abuse Order in place, or any other court order prohibiting contact; and

2. Whether there are any concerns about the marriage negatively impacting the ability of the inmate to complete his or her treatment plan.

The Facility Corrections Services Specialist (CSS) shall note any concerns regarding the additional factors DOC may consider and may recommend that request be denied.

If the request is approved, the DOC shall allow inmates who would like to attend some form of pre-marital counseling to meet with a religious leader or other counselor to do so.

The DOC shall not bar an inmate from marrying another inmate based solely on the incarceration status of the parties. However, both parties shall receive approval from their Superintendent(s), shall not be housed together, conjugal visits shall not be permitted, and no allowances for additional correspondence, visits, or property shall be made for married inmates.

Inmates, or their intended spouse, shall be responsible for any and all costs associated with the marriage and ceremony.

Section I INTRODUCTION

Occasionally, inmates at correctional facilities request permission to marry. The decision to grant or deny such a request can have an important impact on the overall life of the inmate, and should be considered carefully. It is important that the inmate has the opportunity to receive the best advice and counsel available.

Section II PURPOSE

It is the purpose of this Policy to provide a process for an inmate to marry while incarcerated.

Responsibility	Action
Inmate	Submit a request to Superintendent stating name, address, and other pertinent information about the prospective bride or groom.
	Must meet with a qualified clergyman, or a clinically and professionally qualified person of their choice, first alone and then with his/her intended.

The purpose of these meetings is to determine whether both parties really want to marry, and to make a determination of whether this is likely to be a positive influence on the inmate during incarceration.

Inmates may use the facility chaplain or another chaplain of their choice. If the couple objects to a conference with clergy, they may meet instead with a clinically and professionally qualified person from outside the Department (i.e., psychologist from local Community Mental Health Agency).

Responsibility	Action
Superintendent or Designee	Assist inmate in scheduling appointments with counselor of his/her choice.
	Review recommendation/report of clergymen or professional and submits with Superintendent's recommendation to Commissioner of Corrections.
Commissioner	Makes a decision based on recommendations and notifies inmate and Superintendent of that decision.

When permission is granted, arrangements for any and all costs associated with the ceremony will be the responsibility of the inmate. This includes blood tests and license.

13-006 Code Vt. R. 13-130-006-X

EFFECTIVE DATE:
July 14, 1982 Secretary of State Rule Log # 82-025
AMENDED:
October 29, 2018 Secretary of State Rule Log #18-042

STATUTORY AUTHORITY:

28 V.S.A § 102(c) (1); 3 V.S.A. § 801(b) (11)