Current through August, 2024
Authority
This rule is adopted pursuant to
28 V.S.A. §
808(f).
Rule
1. When
exercising discretion to release an offender pursuant to
28 V.S.A. §
808(a)(6), the Department of
Corrections (DOC) may consider that an offender may lack suitable housing upon
his/her release. However, lack of housing shall not be the sole reason for the
denial of furlough in cases involving an offender who has served the minimum
sentence for a nonviolent misdemeanor or felony, provided DOC has determined
that:
a. Notwithstanding the absence of
suitable housing, the release would be in the best interest of the offender;
and
b. The release of the offender
will not pose an unreasonable risk to public safety.
2. In determining whether the release of an
offender, notwithstanding the lack of suitable housing, will be in the best
interest of the offender, DOC may consider whether:
a. The offender has expressly requested
release and acknowledged to his/her caseworker that he/she believes release,
notwithstanding the lack of housing, to be in his/her best interests;
i. The offender shall provide a housing plan
to his or her caseworker, who shall record this housing plan in the offender's
case plan.
b. The
offender has any physical or mental conditions that may be exacerbated by the
fact that the offender may be rendered homeless by such release;
c. The absence of housing will likely
unreasonably interfere with the offender's ability to reintegrate into the
community, obtain employment, or to comply with the other conditions of
supervision appropriate for the offender's furlough.
3. In finding whether the release of an
offender without suitable housing will be consistent with the maintenance of
public safety, DOC may consider whether:
a.
The offender has served at least his/her minimum sentence for a nonviolent
misdemeanor or felony, and has completed, to the satisfaction of DOC, risk
reduction programming as required by DOC policies;
b. The application of DOC's current validated
risk assessment tool has resulted in an acceptable 'risk score';
c. The offender has been convicted of any
additional offense while serving his or her current term of
conviction;
d. The offender has
been found to have committed any 'Major A disciplinary violations while in
custody of DOC; and
e. During
his/her current term of incarceration, the offender has been found to have
committed any other major or minor disciplinary violations which were
specifically the result of violence against any person or property.
4. As used in this Rule, "suitable
housing" means a residence that:
a. Has been
approved by the DOC based on the offender's risks, needs, and responsivity
factors, and does not violate any terms of an offender's conditions of
release;
b. The owner, other
residents, landlord/housing authority, laws, and ordinances permit the offender
to occupy; and
c. DOC determines
will not present foreseeable risk to safety of the offender, victims, and the
public.
STATUTORY AUTHORITY:
3 V.S.A. §
801(b)(11) and 28 V.S.A.
§ 808(f)
