Vermont § 701a - Segregation of inmates with a serious functional impairment

§ 701a. Segregation of inmates with a serious functional impairment

• (a) The Commissioner shall adopt rules pursuant to 3 V.S.A. chapter 25 regarding the classification, treatment, and segregation of an inmate with a serious
  functional impairment as defined and identified under subchapter 6 of this chapter;
  provided that the length of stay in segregation for an inmate with a serious functional
  impairment: (1) shall not exceed 15 days if the inmate is segregated for disciplinary reasons; (2) shall not exceed 30 days if the inmate requested the segregation, except that the
  inmate may remain segregated for successive 30-day periods following assessment by
  a qualified mental health professional and approval of a physician for each extension;
  and (3) shall not exceed 30 days if the inmate is segregated for any reason other than the
  reasons set forth in subdivision (1) or (2) of this subsection, except that the inmate
  may remain segregated for successive 30-day periods following a due process hearing
  for each extension, which shall include assessment by a qualified mental health professional
  and approval of a physician. (b) As used in this section, “segregation” shall have the same meaning as in subdivision 3(12) of this title. (c) On or before the 15th day of each month, the Department’s Health Services Director
  shall provide to the Joint Legislative Justice Oversight Committee a report that,
  while protecting inmate confidentiality, lists each inmate who was in segregation
  during the preceding month by a unique indicator and identifies the reason the inmate
  was placed in segregation, the length of the inmate’s stay in segregation, and whether
  the inmate has a serious functional impairment. The report shall also indicate any
  incident of self harm or attempted suicide by inmates in segregation. The Department
  shall ensure that a copy of the report is forwarded on a monthly basis to the Vermont
  Defender General and to the entity designated as Vermont’s protection and advocacy
  system. At the request of the Committee, the Director shall also provide information
  about the nature of the functional impairments of inmates placed in segregation or
  services provided to these inmates. In addition, at least annually, the Department
  shall provide a report on all inmates placed in segregation who were receiving mental
  health services. (Added 1995, No. 185 (Adj. Sess.), § 48, eff. May 22, 1996; amended 2001, No. 61, § 82, eff. June 16, 2001; 2005, No. 177 (Adj. Sess.), § 4; 2009, No. 26, § 1; 2017, No. 78, § 4; 2019, No. 131 (Adj. Sess.), § 284.)