13-021 Code Vt. R. 13-130-021-X

Current through August, 2024
Section 13 130 021 - OUT OF STATE TRANSFER

DEPARTMENT OF CORRECTIONS AGENCY OF HUMAN SERVICES STATE OF VERMONT

NUMBER

314 POCICY

DIRECTIVE

PROCEDURE

SUBJECT

EFFECTIVE DATE

REVIEMED AND RE-ISSUED

SUPERSEDES

OUT OF STATE TRANSFERS (314)

RECOMMENDED FOR APPROVAC BY:

AUTHORITED BY:

SIGNATURE

SIGNATURE

AUTHORITY

This policy is authorized by Title 28, Chapter 3, Section 102(b)(5) and 102(b)(11). This supersedes Vermont Department of Corrections Policy 891, dated 4/10/92 and Policy 314, dated 11/14/94.

PURPOSE

The purpose of this policy is to delineate the process by the Commissioner of Corrections to transfer inmates to facilities out of the state of Vermont.

APPLICABILITY/ACCESSIBILITY

This policy articulates the process by which the Commissioner of Corrections transfers inmates from Vermont to facilities outside of Vermont. Anyone may access this policy.

POLICY STATEMENT

It shall be the policy of the Vermont Department of Corrections to transfer inmates from Vermont correctional facilities to facilities outside the State of Vermont when either the best interests of the inmate or the department so dictate. Examples of those interests include but are not limited to the degree of security or protective custody necessary for an individual, or the existence of specialized treatment programs or facilities, an individual's voluntary request to be transferred or the necessity for supplemental housing.

The Vermont Department of Corrections shall follow, where applicable, the processes of agreements to which it is party, such as The Interstate Corrections Compact, or the New England Corrections Compact. In all other cases, the Department shall enter into a written agreement with the applicable federal, state, county or municipal entity.

Inmates in Vermont correctional facilities, who are citizens of foreign countries, may be transferred to their own countries in accordance with the requirements of federal and state law.

REFERENCES

Title 28, V.S.A., Chapter 3, Sections 102(c)(11); 701(b); 706.

DRAFT PARTICIPANTS

This policy was drafted by William R. Anderson, Security and Supervision, (802) 241-2271.

13-021 Code Vt. R. 13-130-021-X

Effective Date: July 12, 1998 (Secretary of State Rule Log #98-44)
Statutory Authority: 28 V.S.A. Chapter 3 § 102(5)(11)