§ 702. Transfer between facilities of the Department
(a) The Commissioner may transfer any inmate committed to his or her custody between any
of the correctional facilities except that the Commissioner shall not have the authority
to transfer a child, as defined in this title, to any facility except in accordance
with 33 V.S.A. § 5293.
(b) The Commissioner shall have the authority to transfer a person under arrest and charged
with any offense, or convicted but not yet sentenced, from the correctional facility
at which the person is detained to any other facility if the Commissioner determines
that the person cannot be kept properly or safely at the correctional facility at
which he or she is detained. If the Commissioner determines that such person has manifested
a mental illness requiring treatment, the Commissioner shall have the authority to
initiate transfer proceedings pursuant to section 703 of this title. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1987, No. 182 (Adj. Sess.), § 5; 2013, No. 131 (Adj. Sess.), § 131, eff. May 20, 2014.)
Notes of Decisions
Cited in 2
cases, 1975–1995 · leading case: State v. Carlson, 349 A.2d 237 (Vt. 1975).
State v. Carlson, 349 A.2d 237 (Vt. 1975). · cites it 2דThe defendant was then transferred by the Department of Corrections to the State Correctional Center at Windsor, Vermont, for safe *563 keeping, in accordance with 28 V.S.A. § 702. During his confinement at the Windsor Correctional Center the defendant escaped, but three days…”
State v. Wright, 669 A.2d 553 (Vt. 1995). “See 28 V.S.A. §§ 702(b), 703,704. Use of that procedure is more appropriate for this case than the continued commitment defendant seeks.”
Vt. Stat. Ann. tit. 28, § 702(a): 1 case
State v. Carlson, 349 A.2d 237 (Vt. 1975). “The defendant was then transferred by the Department of Corrections to the State Correctional Center at Windsor, Vermont, for safe *563 keeping, in accordance with 28 V.S.A. § 702. During his confinement at the Windsor Correctional Center the defendant escaped, but three days…”
Vt. Stat. Ann. tit. 28, § 702(b): 1 case
State v. Wright, 669 A.2d 553 (Vt. 1995). “See 28 V.S.A. §§ 702(b), 703,704. Use of that procedure is more appropriate for this case than the continued commitment defendant seeks.”
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