Title 28, Title 28: Public Institutions and Corrections

§ 1104. Consent to medical treatment For the purpose of granting consent for the rendering of needed medical assistance, the State shall stand in the relationship of parent and legal guardian of the child needing the assistance, and the State shall have exclusive authority to gra…

§ 1161. Powers and responsibilities of the Commissioner regarding supervision of youthful offenders In accordance with 33 V.S.A. chapter 52A, the Commissioner shall be charged with the following powers and responsibilities regarding supervision of youthful offenders: (1) consiste…

§ 1162. Methods of supervision (a) Electronic monitoring. The Commissioner may utilize an electronic monitoring system to supervise a youthful offender placed on juvenile probation. (b) Graduated sanctions. (1) If ordered by the court pursuant to a modification of a youthful offe…

§ 1351. Article I; Purpose (a) The compacting states to this interstate compact recognize that each state is responsible for the supervision of adult offenders in the community who are authorized pursuant to the bylaws and rules of this compact to travel across state lines both t…

§ 1352. Article II; Definitions As used in this compact, unless the context clearly requires a different construction: (1) “Adult” means both individuals legally classified as adults and juveniles treated as adults by court order, statute, or operation of law. (2) “Bylaws” means …

§ 1353. Article III; The compact commission (a) The compacting states hereby create the Interstate Commission for Adult Offender Supervision. The Interstate Commission shall be a body corporate and the joint agency of the compacting states. The Interstate Commission shall have al…

§ 1354. Article IV; The State Council (a) The Vermont State Council for Interstate Adult Offender Supervision is created. The State Council shall consist of six members: (1) one member of the House of Representatives, who shall be appointed by the Speaker, and one member of the S…

§ 1355. Article V; Powers and duties of the Interstate Commission The Interstate Commission shall have the following powers: (1) To adopt a seal and suitable bylaws governing the management and operation of the Interstate Commission. (2) To promulgate rules which shall have the f…

§ 1356. Article VI; Organization and operation of the Interstate Commission (a) Bylaws. The Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriat…

§ 1357. Article VII; Activities of the Interstate Commission (a) The Interstate Commission shall meet and take such actions as are consistent with the provisions of this compact. Except as otherwise provided in this compact and unless a greater percentage is required by the bylaw…

§ 1358. Article VIII; Rulemaking functions of the Interstate Commission (a) The Interstate Commission shall promulgate rules in order to effectively and efficiently achieve the purposes of the compact, including transition rules governing administration of the compact during the …

§ 1359. Article IX; Oversight, enforcement and dispute resolution by the Interstate Commission (a) Oversight. The Interstate Commission shall oversee the interstate movement of adult offenders in the compacting states and shall monitor such activities being administered in noncom…

§ 1360. Article X; Finance (a) The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities. (b) The Interstate Commission shall levy on and collect an annual assessment from each compacting s…

§ 1361. Article XI; Compacting states; effective date; amendments (a) Any state, as defined in Article II of this compact, is eligible to become a compacting state. The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 3…

§ 1362. Article XII; Withdrawal; default; termination; judicial enforcement (a) Withdrawal. Once effective, the compact shall continue in force and remain binding upon each and every compacting state, provided that a compacting state may withdraw from the compact (withdrawing sta…

§ 1363. Article XIII; Severability and construction The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable. The provisions of this compact shall be l…

§ 1364. Article XIV; Binding effect of compact and other laws (a) Nothing in this compact shall prevent the enforcement of any other law of a compacting state that is not inconsistent with this compact. All compacting states’ laws conflicting with this compact shall be superseded…

§ 1401. Purpose and policy—Article I The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the polic…

§ 1402. Definitions—Article II As used in this compact, unless the context clearly requires otherwise: (a) “State” means a state of the United States, located in New England, to wit, Maine, New Hampshire, Vermont, Massachusetts, Connecticut and Rhode Island. (b) “Sending state” m…

§ 1403. Contracts—Article III (a) Each party state may make one or more contracts with any one or more of the other party states for the confinement of inmates on behalf of a sending state in institutions situated within receiving states. Any such contract shall provide for: (1) …

§ 1404. Procedures and rights—Article IV (a) Whenever the duly constituted authorities in a state party to this compact, and which has entered into a contract pursuant to Article III, shall decide that confinement in, or transfer of an inmate to, an institution within the territo…

§ 1405. Acts not reviewable in receiving state: extradition—Article V (a) Any decision of the sending state in respect of any matter over which it retains jurisdiction pursuant to this compact shall be conclusive upon and not reviewable within the receiving state, but if at the t…

§ 1406. Federal aid—Article VI Any state party to this compact may accept federal aid for use in connection with any institution or program, the use of which is or may be affected by this compact or any contract pursuant hereto and any inmate in a receiving state pursuant to this…

§ 1407. Entry into force—Article VII This compact shall enter into force and become effective and binding upon the states so acting when it has been enacted into law by any two states from among the states of New England. Thereafter, this compact shall enter into force and become…

§ 1408. Withdrawal and termination—Article VIII This compact shall continue in force and remain binding upon a party state until it shall have enacted a statute repealing the same and providing for the sending of formal written notice of withdrawal from the compact to the appropr…

§ 1409. Other arrangements unaffected—Article IX Nothing contained in this compact shall be construed to abrogate or impair any agreement or other arrangement which a party state may have with a nonparty state for the confinement, rehabilitation or treatment of inmates nor to rep…

§ 1410. Construction and severability—Article X The provisions of this compact shall be liberally construed and shall be severable. If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any participating state or of the Un…

§ 1431. Powers of Commissioner of Corrections The Commissioner of Corrections, acting only with the approval of the Governor who may delegate in writing his or her decision-making power under this chapter to the Commissioner of Corrections, is hereby authorized and directed to do…

§ 1501. Purpose and policy—Article I The party states find that charges outstanding against a prisoner, detainers based on untried indictments, informations, or complaints, and difficulties in securing speedy trial of persons already incarcerated in other jurisdictions, produce u…

§ 1502. Definitions—Article II As used in this agreement: (1) “State” shall mean a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico. (2) “Sending state” shall mean a…

§ 1503. Prisoner’s request for final disposition—Article III (a) Whenever a person has entered upon a term of imprisonment in a penal or correctional institution of a party state, and whenever during the continuance of the term of imprisonment there is pending in any other party …

§ 1504. Officer’s request for temporary custody—Article IV (a) The appropriate officer of the jurisdiction in which an untried indictment, information, or complaint is pending shall be entitled to have a prisoner against whom he or she has lodged a detainer and who is serving a t…

§ 1505. Requirements of temporary custody—Article V (a) In response to a request made under Article III or Article IV hereof, the appropriate authority in a sending state shall offer to deliver temporary custody of such prisoner to the appropriate authority in the state where suc…

§ 1506. Limitations—Article VI (a) In determining the duration and expiration dates of the time periods provided in Articles III and IV of this agreement, the running of said time periods shall be tolled whenever and for as long as the prisoner is unable to stand trial, as determ…

§ 1507. Rules and regulations—Article VII Each state party to this agreement shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this agreement, a…

§ 1508. Enactment and withdrawal—Article VIII This agreement shall enter into full force and effect as to a party state when such state has enacted the same into law. A state party to this agreement may withdraw herefrom by enacting a statute repealing the same. However, the with…

§ 1509. Construction and severability—Article IX This agreement shall be liberally construed so as to effectuate its purposes. The provisions of this agreement shall be severable and if any phrase, clause, sentence, or provision of this agreement is declared to be contrary to the…

§ 1531. Appropriate court The phrase “appropriate court” as used in the Agreement on Detainers, with reference to the courts of this State, means the Superior Court where the Vermont charge is pending. (Added 1967, No. 47, § 2, eff. March 23, 1967; amended 1973, No. 193 (Adj. Ses…

§ 1532. Enforcement All courts, departments, agencies, officers, and employees of this State and its political subdivisions shall enforce the Agreement on Detainers and cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.…

§ 1533. Exception to habitual criminal law Nothing in this subchapter or in the Agreement on Detainers shall be construed to require the application of 13 V.S.A. § 11, the habitual criminal law, to any person on account of any conviction had in a proceeding brought to final dispo…

§ 1534. Escape while under agreement; penalty A person who escapes from custody while in another state under the Agreement on Detainers shall be punished under 13 V.S.A § 1501 as though he or she had escaped from a penal institution in this State. (Added 1967, No. 47, § 5, eff. M…

§ 1535. Correctional officials; duty The warden or other official in charge of a penal or correctional institution in this State shall give over the person of any inmate thereof whenever so required by the operation of the Agreement on Detainers. (Added 1967, No. 47, § 6, eff. Ma…

§ 1536. Administrator The Commissioner of Corrections shall serve as central administrator of and information agent for the Agreement on Detainers. (Added 1967, No. 47, § 7, eff. March 23, 1967; amended 1967, No. 319 (Adj. Sess.), § 4, eff. March 22, 1968.)

§ 1537. Notification of agreement Copies of this chapter shall, upon its approval, be transmitted to the governor of each state, the attorney general and the administrator of general services of the United States, and the Council of State Governments. (Added 1967, No. 47, § 8, ef…

§ 1601. Purpose and policy—Article I The party states, desiring by common action to fully utilize and improve their institutional facilities and provide adequate programs for the confinement, treatment and rehabilitation of various types of offenders, declare that it is the polic…

§ 1602. Definitions—Article II As used in this compact, unless the context clearly requires otherwise: (a) “State” means a state of the United States; the United States of America; a territory or possession of the United States; the District of Columbia; the Commonwealth of Puert…