Vermont Statutes Annotated

Vt. Stat. Ann. tit. 28, § 706 (2026)

Transfer to federal correctional facility

✓ current as of May 2026

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Subchapter 001 : COMMITMENT, TRANSFER, AND DISCHARGE

(Cite as: 28 V.S.A. § 706)

§ 706. Transfer to federal correctional facility

(a) The Commissioner may enter into and execute a contract or contracts with the United States for the transfer of any inmate from any facility to a federal correctional facility when, in his or her opinion, the inmate needs particular treatment or special facilities available at the federal correctional facility; or, all in-state treatment and rehabilitative programs available for the inmate have been considered and found unsuitable; or, all in-state security and custody alternatives for the inmate have been considered and found unsuitable; or, the inmate voluntarily requests transfer.

(b) Notwithstanding any other provision of law, an inmate transferred to a federal correctional facility shall, unless otherwise agreed in a contract or contracts, be subject to the same law, rules, regulations, and procedures applicable to inmates committed for violations of laws of the United States, not inconsistent with the sentence imposed. Such laws, rules, regulations, and procedures applicable to Vermont prisoners confined outside Vermont may include matters of discipline, classification, segregation, visiting, mail, clothing or dress, use of telephones, personal property, employment, work release, furlough, and transfer. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1975, No. 21, § 1, eff. March 31, 1975.)

Notes of Decisions

Cited in 14 cases, 1975–1981 · leading case: Battick v. Stoneman, 421 F. Supp. 213 (D. Vt. 1976).

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Battick v. Stoneman, 421 F. Supp. 213 (D. Vt. 1976). · cites it 9× “The cause of action is related to various companion cases that were generated by the application of the provisions of the Vermont statutory law (28 V.S.A. § 706). The statute was constitutionally challenged in a proceeding in this court constituted under 28 U.”

Rebideau v. Stoneman, 398 F. Supp. 805 (D. Vt. 1975). · cites it 6× “28 V.S.A. § 706 (1975); 18 U.S.C. § 5003 .”

Goodemote v. Scripture, 440 A.2d 150 (Vt. 1981). · cites it 9× “On that same day, the State held an administrative hearing preliminary to transferring the appellant to the federal prison system under 28 V.S.A. § 706. The appellant’s counsel was barred from representing her by prison officials.”

Colbeth v. Civiletti, 516 F. Supp. 73 (S.D. Ind. 1980). · cites it 7× “that the transfer of the plaintiff Battick to the custody of the United States Bureau of Prisons, pursuant to the provisions of 28 V.S.A. § 706, does not offend the Constitution of the United States.”

State Ex Rel. Olson v. Maxwell, 259 N.W.2d 621 (N.D. 1977). · cites it 2× “28 V.S.A. § 706(b) (1975). VII Of course, if there were no adverse effects to the prisoner from the transfer to another State, amounting to "grievous loss" or affecting the "liberty interests" of the prisoner, there would be no constitutional deprivation and no violation of…”

Girouard v. Hogan, 378 A.2d 105 (Vt. 1977). · cites it 2× “28 V.S.A. § 706(a) authorizes the Commissioner of the Department of Corrections to contract with the United States for transfer of inmates from State facilities to federal institutions.”

Arthur Joseph Beshaw v. Charles Fenton, Warden U. S. Penitentiary, 635 F.2d 239 (3rd Cir. 1980). “28 V.S.A. § 706(a); see Girouard v. Hogan, 135 Vt.”

Hohman v. Hogan, 458 F. Supp. 669 (D. Vt. 1978). “The plaintiff, a Vermont prisoner convicted of second degree murder, is incarcerated in the Federal Prison System at the United States Penitentiary at Marion, Illinois by Federal and State agreement under the provisions of 28 V.S.A. § 706 and 18 U.S.C. § 5003 . He alleges in his…”

In Re Morse, 415 A.2d 232 (Vt. 1980). “Passage of § 5232 predated the Vermont practice of transferring inmates to the federal prison system, 28 V.S.A. § 706, and there is no reason to suppose that the legislature meant to cut off the rights of indigent inmates by transferring them out of state.”

Raymond Rebideau v. R. Kent Stoneman, Individually & in His Off. Capacity as Comm'r of Corr. for the State of Vermont, 575 F.2d 31 (2d Cir. 1978). “He arranged for out-of-state placement of prisoners requiring tight security and long-term custody and treatment by contracting to place up to forty of them in the federal prison system, pursuant to 28 V.S.A. § 706(a): *32 The commissioner may enter into and execute a contract…”

Howe v. Civiletti, 480 F. Supp. 111 (D. Vt. 1979). “At Terre Haute plaintiff ran a sewing machine until he had a heart attack, about a month before he was returned to Vermont for this litigation. His principal activities now are knitting and crocheting.”

Lawrence v. Elsea, 478 F. Supp. 480 (W.D. Wis. 1979). “28 V.S.A. § 706 provides: (a) The commissioner may enter into and execute a contract or contracts with the United States for the transfer of any inmate from any facility to a federal correctional facility when, in his opinion, the inmate needs particular treatment or special…”

Show all 14 citing cases →

— Vt. Stat. Ann. tit. 28, § 706(a) — 6 cases

Girouard v. Hogan, 378 A.2d 105 (Vt. 1977). “28 V.S.A. § 706(a) authorizes the Commissioner of the Department of Corrections to contract with the United States for transfer of inmates from State facilities to federal institutions.”

Arthur Joseph Beshaw v. Charles Fenton, Warden U. S. Penitentiary, 635 F.2d 239 (3rd Cir. 1980). “28 V.S.A. § 706(a); see Girouard v. Hogan, 135 Vt.”

Colbeth v. Civiletti, 516 F. Supp. 73 (S.D. Ind. 1980). “that the transfer of the plaintiff Battick to the custody of the United States Bureau of Prisons, pursuant to the provisions of 28 V.S.A. § 706, does not offend the Constitution of the United States.”

Goodemote v. Scripture, 440 A.2d 150 (Vt. 1981). “On that same day, the State held an administrative hearing preliminary to transferring the appellant to the federal prison system under 28 V.S.A. § 706. The appellant’s counsel was barred from representing her by prison officials.”

— Vt. Stat. Ann. tit. 28, § 706(b) — 4 cases

State Ex Rel. Olson v. Maxwell, 259 N.W.2d 621 (N.D. 1977). “28 V.S.A. § 706(b) (1975). VII Of course, if there were no adverse effects to the prisoner from the transfer to another State, amounting to "grievous loss" or affecting the "liberty interests" of the prisoner, there would be no constitutional deprivation and no violation of…”

Rebideau v. Stoneman, 398 F. Supp. 805 (D. Vt. 1975). “28 V.S.A. § 706 (1975); 18 U.S.C. § 5003 .”

Battick v. Stoneman, 421 F. Supp. 213 (D. Vt. 1976). “The cause of action is related to various companion cases that were generated by the application of the provisions of the Vermont statutory law (28 V.S.A. § 706). The statute was constitutionally challenged in a proceeding in this court constituted under 28 U.”

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