13-020 Code Vt. R. 13-130-020-X
28 V.S.A., Chapter 3, Sections 101-102, Chapter 9, Section 601; Chapter 11, Section 903.
PURPOSE
The purpose of this rule is to ensure that inmates have access to treatment programs regardless of the status of an appeal of the criminal conviction.
APPLICABILITY/ACCESSIBILITY
All individuals and groups affected by the operations of the Department of Corrections. Anyone may have a copy of this policy.
DEFINITION
Inmate -- An individual in physical custody in a confinement facility.
POLICY
Inmates shall be afforded the opportunity to participate in treatment programs while they have criminal convictions under appeal. Treatment, assessment, evaluation, screening and programming shall not be restricted or denied to inmates on the basis of any anticipated or pending direct or collateral appeal of any criminal conviction, nor on the basis of any position taken by them in any such action. All decisions regarding treatment, including development of treatment strategy, denial of treatment, or changes in treatment methodology will be based on the inmate's behavior, prior history of behavior, the circumstances of the current offense(s) and attitudes toward on-going treatment including bt not limited to oral or written statements to treatment providers concerning personal responsibility for the current offense(s).
While an inmate's appeal is pending, no statements by the inmate during treatment, assessment, evaluation, screening and programming concerning the offense(s) in question, will be disclosed to anyone for purposes that would potentially adversely affect the inamte's appeal. Further, no statements and the fruits if such statements made by the unmate during treatment concerning the offense(s) in question may, while the inamte is taking any direct or collateral appeal of such criminal conviction(s), be used at a subsequent criminal proceeding.
The Director of Program Services/designee shall insure that directives are promulgated that will carry out this policy.
REFERENCES
28 V.S.A. Section 903, Department of Corrections Policy #254 Access of Offender Information and Policy #255 Reporting of Offender Information.
13-020 Code Vt. R. 13-130-020-X