Vermont § 5259 - Duty to investigate

§ 5259. Duty to investigate

• (a) The Defender General shall investigate issues related to the health, safety, and welfare
  of inmates in correctional facilities and shall receive the cooperation of all State
  agencies in carrying out this duty. Issues that require an investigation by the Defender
  General shall, at a minimum, include: (1) the death of an inmate; (2) a suicide attempt that requires more than 24 hours of emergency hospitalization; and (3) a critical incident that results in injury to an inmate from an assault, use of force,
  or accident in a correctional facility that requires more than 24 hours of emergency
  hospitalization. (b)(1) When an incident enumerated in subdivisions (a)(1)-(3) of this section occurs, the
  Department of Corrections shall notify the Defender General as soon as reasonably
  practicable. (2) The Commissioner shall report weekly to the Defender General regarding any critical
  incident that negatively impacts the health, safety, or welfare of an inmate, the
  conditions of confinement, or the adequacy of care provided to inmates. (c) In carrying out the duties under this section, the Defender General: (1) Shall be given reasonable unaccompanied access to the correctional facility and inmates
  and is authorized to speak with any relevant personnel from the Department of Corrections
  and other State agencies subject to the individual’s constitutional rights and to
  legitimate law enforcement concerns regarding preservation of a criminal investigation,
  if any. (2) Shall be given broad access to records concerning the incident and any inmates involved
  in the incident. In response to a request for records from the Defender General, the
  Commissioner of Corrections shall provide the records promptly and no subpoena or
  public records request shall be required. Records subject to this section include
  video or audio recordings. (d) The Defender General is authorized to protect the confidentiality of sources in the
  course of an investigation pursuant to this section. Work product generated in the
  course of representation of a client that contains confidential communication between
  an inmate and the Defender General shall not be discoverable and records of communications
  between inmates and the Defender General may be redacted. (e) Where appropriate, the Defender General shall report to the Department of Corrections
  and the Joint Committee on Corrections Oversight identifying any concerns and suggested
  policy changes that arise from an incident that resulted in an investigation. (Added 2013, No. 110 (Adj. Sess.), § 1, eff. April 22, 2014.)