Act No. 56 Page 1 of 1
2021
This act summary is provided for the convenience of the public and members of the General
Assembly. It is intended to provide a general summary of the act and may not be
exhaustive. It has been prepared by the staff of the Office of Legislative Counsel without
input from members of the General Assembly. It is not intended to aid in the interpretation
of legislation or to serve as a source of legislative intent.
Act No. 56 (H.435). Corrections; Department of Corrections; Vermont Criminal
Justice Council
An act relating to miscellaneous Department of Corrections-related
amendments
This act makes statutory changes relating to the Department of Corrections.
Secs. 2–4 create the eight-member Department of Corrections Monitoring
Commission to provide advice and counsel to the Commissioner of Corrections
with regard to the Commissioner’s responsibilities in managing the Department,
specifically with regard to the Commissioner’s responsibility to manage the
reporting of sexual misconduct; promote adherence to anti-retaliation policies;
ensure overall policy implementation and effectiveness; improve the
transparency, accountability, and cultural impact of agency decisions; and ensure
that the determination of investigatory findings and any resulting disciplinary
actions are just and appropriate. The Commission is responsible for two annual
reports to the Agency of Human Services and the General Assembly outlining its
recommendations.
Sec. 5 creates the Corrections Investigative Unit to identify systemic issues
within the Department of Corrections and to conduct investigations necessary to
comply with federal law.
Sec. 6 expands the prohibition on sexual conduct between Department of
Corrections workers and people supervised by the Department by removing the
limitation that the offender be in a direct supervisory relationship with the worker
in order for the sexual conduct to be prohibited. The prohibition specifically
excludes any offender and Department worker that were married, parties to a civil
union, or otherwise engaged in a consensual sexual relationship at the time of
sentencing for the offense for which the offender is serving a supervised sentence.
Sec. 7 directs the Criminal Justice Council and the Department of Corrections
to develop a proposal governing minimum training standards, complaint
investigations, and a process for certification and decertification of correctional
officers and report the proposal to the Joint Legislative Justice Oversight
Committee during the 2021 legislative interim.
Effective Date: July 1, 2021
VT LEG #356921 v.2


Statutes affected:
As Introduced: 13-3257
As Passed By the House -- Official: 13-3257
As Passed By the House -- Unofficial: 28-123, 13-3257
As Passed by Both House and Senate -- Official: 13-3257, 28-123, 28-123(c)(4), 28-123(c)
As Passed by Both House and Senate -- Unofficial: 28-123(c)(4), 28-123, 28-123(c), 13-3257
As Enacted: 28-123(c)(4), 28-123, 28-123(c), 13-3257
House proposal of amendment to Senate proposal of amendment Official: 28-123(c)(4), 28-123, 28-123(c)
House proposal of amendment to Senate proposal of amendment Unofficial: 28-123(c)(4), 28-123, 28-123(c)