Code of Vermont Rules
Agency 13 - AGENCY OF HUMAN SERVICES
Sub-Agency 130 - DEPARTMENT OF CORRECTIONS
Chapter 021 - OUT OF STATE TRANSFER
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) |
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RECOMMENDED FOR APPROVAC BY: |
AUTHORITED BY: |
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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.
Statutory Authority: 28 V.S.A. Chapter 3 § 102(5)(11)