Vermont Statutes Title 28 Sec. 103
Terms Used In Vermont Statutes Title 28 Sec. 103
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Chambers: A judge's office.
- Commissioner: means the Commissioner of Corrections. See
- Department: means the Department of Corrections. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law: includes the laws and ordinances of the State, its political subdivisions, and municipalities. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
§ 103. Inquiries and investigations into the administration of the Department
(a) The Commissioner at all times shall have unlimited access to all correctional facilities and to all records and books at the facilities, and may conduct inquiries and investigations concerning all matters under his or her jurisdiction.
(b) The Commissioner may seek the cooperation of any judge, prosecuting officer, sheriff, police officer, or other court or law enforcement official or employee possessing information relating to an inquiry or investigation conducted in accordance with subsection (a) of this section.
(c) In any inquiry or investigation conducted by the Commissioner, he or she shall have the same powers as are possessed by Superior Court judges in chambers, and which shall include the power to:
(1) administer oaths;
(2) compel the attendance of witnesses; and
(3) compel the production of documentary evidence.
(d) If any person disobeys any lawful order or subpoena issued by the Commissioner pursuant to this section or refuses to testify to any matter regarding which he or she may be questioned lawfully, any Superior Court judge, upon application by the Commissioner, shall order the obedience of the person in the same manner as if the person had disobeyed an order or subpoena of the Superior Court judge.
(e) The fees and traveling expenses of witnesses shall be the same as are allowed witnesses in the Superior Courts of the State and shall be reimbursed by the Commissioner out of any appropriation or funds at the disposal of the Department. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 185.)