§ 703. Transfer to the Department of Mental Health
(a) If it becomes necessary to transfer a person who is under the supervision of the Department
of Mental Health, the transfer shall be accomplished in accordance with the provisions
of part 8 of Title 18.
(b) When a person is so transferred, he or she shall be subject to the supervision of
the Commissioner of Mental Health except that the time during which the person is
in the custody of the Commissioner of Mental Health shall be computed as part of the
term for which he or she was sentenced. He or she shall continue to be eligible for
good behavior reductions pursuant to section 811 of this title, and he or she shall continue to be eligible for parole pursuant to chapter 7 of
this title. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2007, No. 15, § 22.)
Notes of Decisions
Cited in 3
cases, 1981–1992 · leading case: Goodemote v. Scripture, 440 A.2d 150 (Vt. 1981).
Goodemote v. Scripture, 440 A.2d 150 (Vt. 1981). · cites it 9דIf the Commissioner could evade the strictures of 28 V.S.A. § 703 simply by using transfer to a federal facility, as opposed to a state mental hospital, the protections of Title 18 would be of little consequence to inmates.”
In re D.C., 618 A.2d 1325 (Vt. 1992). “A person who is committed to the supervision of the commissioner of corrections may be transferred to the Department of Mental Health and Mental Retardation so long as the civil commitment process under Title 18 is followed.”
In re Dc, 618 A.2d 1325 (Vt. 1992). “A person who is committed to the supervision of the commissioner of corrections may be transferred to the Department of Mental Health and Mental Retardation so long as the civil commitment process under Title 18 is followed.”
Vt. Stat. Ann. tit. 28, § 703(a): 3 cases
Goodemote v. Scripture, 440 A.2d 150 (Vt. 1981). “If the Commissioner could evade the strictures of 28 V.S.A. § 703 simply by using transfer to a federal facility, as opposed to a state mental hospital, the protections of Title 18 would be of little consequence to inmates.”
In re D.C., 618 A.2d 1325 (Vt. 1992). “A person who is committed to the supervision of the commissioner of corrections may be transferred to the Department of Mental Health and Mental Retardation so long as the civil commitment process under Title 18 is followed.”
In re Dc, 618 A.2d 1325 (Vt. 1992). “A person who is committed to the supervision of the commissioner of corrections may be transferred to the Department of Mental Health and Mental Retardation so long as the civil commitment process under Title 18 is followed.”
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