Vermont Statutes Annotated

Vt. Stat. Ann. tit. 28, § 101 (2026)

✓ current as of May 2026

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(Cite as: 28 V.S.A. § 101)

§ 101. Powers of the Department

The Department is charged with the following powers:

(1) to establish, maintain, and administer such State correctional facilities and programs as may be required for the custody, control, correctional treatment, and rehabilitation of committed persons, and for the safekeeping of such other persons as may be committed to the Department in accordance with law;

(2) to operate diagnostic and treatment programs and such other programs deemed desirable to treat persons committed to the Department and to further other purposes and objectives of this title;

(3) to administer the supervision of persons placed on probation and released on parole and to administer probation and parole services;

(4) to employ such officers, employees and agents as deemed necessary to discharge the functions of the Department;

(5) to establish standards for the management, operation, personnel, and program of all correctional facilities in the State;

(6) to act in an advisory capacity in assisting law enforcement agencies, and communities in the prevention of crime and delinquency;

(7) to enforce and administer such other laws as may be vested in the Department;

(8) to enter into agreements for assistance in support of the operation of jails or lockups in accordance with criteria established by the Department, and to use the jails or lockups as provided in this title;

(9) notwithstanding any other provision of law, the State and the Department shall not be responsible for the expense of detaining a person in custody except as provided in this title;

(10) to charter, establish, and fund through grants such municipal entities or nonprofit organizations as may be required for providing crime prevention and restorative justice programs for offenders, victims of crime, and the public. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1981, No. 185 (Adj. Sess.), § 1, eff. April 22, 1982; 1997, No. 147 (Adj. Sess.), § 106b; 1999, No. 148 (Adj. Sess.), § 64, eff. May 24, 2000.)

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1971–2024 · leading case: Vermont State Employees' Ass'n v. State, 2009 VT 21 (Vt. 2009).

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Vermont State Employees' Ass'n v. State, 2009 VT 21 (Vt. 2009). · cites it 4× “28 V.S.A. § 101. The Commissioner is charged, in turn: (1) To make rules and regulations for the governing and treatment of persons committed to the custody of the commissioner, the administration of correctional facilities and the regulation of employees under the jurisdiction…”

King v. Gorczyk, 2003 VT 34 (Vt. 2003). “” 28 V.S.A. § 101(1). The DOC commissioner is charged -with the responsibility of “prescrib[ing] rules and regulations for the maintenance of discipline and control at each correctional facility,” id.”

State v. Powers, 789 A.2d 962 (Vt. 2001). “Nor does it preclude the Department and the Commissioner from carrying out their responsibility “[t]o administer the supervision of persons placed on probation,” 28 V.S.A. § 101(3), and “maintain general supervision of persons placed on probation .”

Town of Stowe v. Cnty. of Lamoille, 362 A.2d 159 (Vt. 1976). “Under 28 V.S.A. § 101(8), the department of corrections, under the direction of the commissioner, is charged with the responsibility of entering into agreements for assistance in support of the operation of jails or lockups in accordance with criteria established by the…”

Ladd v. Pallito (Vt. Super. Ct. 2016). “See generally 28 V.S.A. §§ 101, 102(b); Parker v. Gorczyk, 170 Vt.”

marcell v. deml (Vt. Super. Ct. 2024). “28 V.S.A. §§ 101, 601, 801 and 851. The Court is obligated to exercise deference to the Department and its expertise in administering this MAT program and detecting diversion and efforts to misappropriate medication that is consistent with its expertise.”

Brochu v. Acting Warden (Vt. Super. Ct. 2020). “, 28 V.S.A. §§ 101(1), (2); 801; 801a; 801b; 907.”

Prison Legal News v. Corr. Corp. of Am. (Vt. Super. Ct. 2014). “28 V.S.A. §§ 101(8), 102(b)(5), 102(c)(20).”

Chaput v. Smith, 276 A.2d 633 (Vt. 1971). · cites it 2× “See also 28 V.S.A. § 101 (state prison) and § 301 (youthful offender facility) and accompanying revision notes.”

— Vt. Stat. Ann. tit. 28, § 101(1) — 2 cases

King v. Gorczyk, 2003 VT 34 (Vt. 2003). “” 28 V.S.A. § 101(1). The DOC commissioner is charged -with the responsibility of “prescrib[ing] rules and regulations for the maintenance of discipline and control at each correctional facility,” id.”

Brochu v. Acting Warden (Vt. Super. Ct. 2020). “, 28 V.S.A. §§ 101(1), (2); 801; 801a; 801b; 907.”

— Vt. Stat. Ann. tit. 28, § 101(3) — 1 case

State v. Powers, 789 A.2d 962 (Vt. 2001). “Nor does it preclude the Department and the Commissioner from carrying out their responsibility “[t]o administer the supervision of persons placed on probation,” 28 V.S.A. § 101(3), and “maintain general supervision of persons placed on probation .”

— Vt. Stat. Ann. tit. 28, § 101(5) — 1 case

Vermont State Employees' Ass'n v. State, 2009 VT 21 (Vt. 2009). “28 V.S.A. § 101. The Commissioner is charged, in turn: (1) To make rules and regulations for the governing and treatment of persons committed to the custody of the commissioner, the administration of correctional facilities and the regulation of employees under the jurisdiction…”

— Vt. Stat. Ann. tit. 28, § 101(8) — 2 cases

Town of Stowe v. Cnty. of Lamoille, 362 A.2d 159 (Vt. 1976). “Under 28 V.S.A. § 101(8), the department of corrections, under the direction of the commissioner, is charged with the responsibility of entering into agreements for assistance in support of the operation of jails or lockups in accordance with criteria established by the…”

Prison Legal News v. Corr. Corp. of Am. (Vt. Super. Ct. 2014). “28 V.S.A. §§ 101(8), 102(b)(5), 102(c)(20).”

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