Vermont Statutes Title 28 Sec. 1004
Terms Used In Vermont Statutes Title 28 Sec. 1004
- Commissioner: means the Commissioner of Corrections. See
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Corrections. See
- facility: means any building, enclosure, space, or structure of or supported by the Department and used for the confinement of persons committed to the custody of the Commissioner, or for any other matter related to such confinement. See
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Inmate: means any person, not a child, committed to the custody of the Commissioner pursuant to the law of the State and subsequently committed to a correctional facility and any person confined at a correctional facility during the pendency of a prosecution against him or her. See
§ 1004. Standards of maintenance and use by Department of Corrections
(a) All lockups must meet the standards established by the Commissioner of Corrections. Such standards shall comply with the standards and requirements relating to medical care established under the provisions of section 801 of this title. To assist in the management of correctional facilities, the Commissioner may contract to house an inmate in a local lockup for pretrial detention, confinement, or for community release. The Commissioner or his or her authorized agent shall visit and inspect all lockups at least once every six months.
(b) The selectboard, trustees, or sheriffs maintaining a lockup that fails to meet minimum standards shall discontinue its use within 30 days after notice thereof is sent to them by the Commissioner. They shall cause its inmates to be transferred to the nearest regional correctional facility. If the selectboard, trustees, or sheriffs do not keep a lockup according to the standards established by the Commissioner or fail to discontinue its use after notice from the Commissioner, he or she may petition the Superior Court, and the court may grant an injunction against continued use of the lockup. The court may make other orders appropriate and necessary for enforcing this section. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1977, No. 57, § 2, eff. April 22, 1977; 1981, No. 185 (Adj. Sess.), § 3, eff. April 22, 1982; 1987, No. 199 (Adj. Sess.), § 2.)