Vt. Stat. Ann. » Title 28 Chapter 11
Vermont Statutes Annotated

Vt. Stat. Ann. tit. 28, § 808 (2026)

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Subchapter 003 : CARE OF INMATES

(Cite as: 28 V.S.A. § 808)
Notes of Decisions
Cited in 34 cases (7 in the last 5 years), 1975–2025 · leading case: Parker v. Gorczyk, 744 A.2d 410 (Vt. 1999).
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Parker v. Gorczyk, 744 A.2d 410 (Vt. 1999). · cites it 14× “In the court's view, by categorically barring furlough for a specified class of inmates before they served their minimum sentences, the new policy eliminated the Commissioner's statutorily mandated discretionary role in determining furlough eligibility, and thus constituted an…”
Kevin Holcomb v. Mark Lykens, Sean Smith, Joanne Pereria & John Gorczyk, 337 F.3d 217 (2d Cir. 2003). · cites it 3× “On March 24, 2000, Holcomb was released on furlough pursuant to 28 V.S.A. § 808 under the supervision of Defendant-Appellee Correctional Services Specialist Mark Lyk-ens.”
Conway v. Cumming, 636 A.2d 735 (Vt. 1993). · cites it 6× “See 28 V.S.A. § 808(a). In September 1990, the Commissioner revoked plaintiffs participation in the furlough program on the ground that plaintiff had engaged in negative behavior, the specific nature of which is not before us.”
In re Girouard, 2014 VT 75 (Vt. 2014). · cites it 4× “28 V.S.A. § 808 (2000); see also Girouard v.”
Girouard v. Hofmann, 2009 VT 66 (Vt. 2009). · cites it 3× “28 V.S.A. § 808(a) (prior to amendment by 2001, No.”
State v. Clayton Turner, 2021 VT 30 (Vt. 2021). · cites it 3× “), §§ 18, 25 (“It shall not be a violation of subdivision (1)(A), (1)(B), or (1)(C) of the subdivision if If the person is on furlough status pursuant to 28 V.S.A. § 808(a)(6)723, 808(e), 808(f), or 808a, 808b or 808e a violation of this subdivision (1) of this subsection…”
State v. Thomas A. Gauthier, 2020 VT 66 (Vt. 2020). · cites it 2× “28 V.S.A. § 808(a); see also Furlough, Black’s Law Dictionary (11th ed.”
Kirk WOOL v. Andrew PALLITO, Comm'r Bernard Carter v. Lisa Menard, Comm'r, 193 A.3d 510 (Vt. 2018). · cites it 3× “28 V.S.A. § 808(a) (1973). The Department also had the power to establish treatment programming and a system of classification for inmates, to make rules governing its treatment programs, and to periodically review programming decisions.”
State v. Stanley, 933 A.2d 184 (Vt. 2007). · cites it 3× “We first address defendant’s claim that the district court erroneously denied *567 Ms motion for aeqmttal because the State failed to establish that there was a furlough “order” in effect in accordance with 28 V.”
State v. Bogert, Jr., 109 A.3d 883 (Vt. 2014). “The same can be said for conditional-reentry status — a status designed to foster continuation of “the process of reintegration initiated in a correctional facility,” 28 V.S.A. § 808(a)(6), and a status that is even closer to incarceration than parole.”
State v. John Powers, 2016 VT 110 (Vt. 2016). “” 28 V.S.A. § 808(c). ¶ 48. Although generally an individual must assert his or her Fifth Amendment right to be entitled to its protection, an exception is made for statements “obtained during custodial interrogation.”
State v. Greene, 782 A.2d 1163 (Vt. 2001). · cites it 2× “With regard to the portion of the order detailing the “understanding” of the parties that defendant is *613 to commence serving the sentence in a correctional facility until a spot is available to him in the ISAP, as noted above, the court was merely making explicit the reality…”
Show all 34 citing cases →
— Vt. Stat. Ann. tit. 28, § 808(a) — 11 cases
Parker v. Gorczyk, 744 A.2d 410 (Vt. 1999). “In the court's view, by categorically barring furlough for a specified class of inmates before they served their minimum sentences, the new policy eliminated the Commissioner's statutorily mandated discretionary role in determining furlough eligibility, and thus constituted an…”
Conway v. Cumming, 636 A.2d 735 (Vt. 1993). “See 28 V.S.A. § 808(a). In September 1990, the Commissioner revoked plaintiffs participation in the furlough program on the ground that plaintiff had engaged in negative behavior, the specific nature of which is not before us.”
Kevin Holcomb v. Mark Lykens, Sean Smith, Joanne Pereria & John Gorczyk, 337 F.3d 217 (2d Cir. 2003). “On March 24, 2000, Holcomb was released on furlough pursuant to 28 V.S.A. § 808 under the supervision of Defendant-Appellee Correctional Services Specialist Mark Lyk-ens.”
State v. Thomas A. Gauthier, 2020 VT 66 (Vt. 2020). “28 V.S.A. § 808(a); see also Furlough, Black’s Law Dictionary (11th ed.”
Kirk WOOL v. Andrew PALLITO, Comm'r Bernard Carter v. Lisa Menard, Comm'r, 193 A.3d 510 (Vt. 2018). “28 V.S.A. § 808(a) (1973). The Department also had the power to establish treatment programming and a system of classification for inmates, to make rules governing its treatment programs, and to periodically review programming decisions.”
— Vt. Stat. Ann. tit. 28, § 808(a)(1) — 1 case
Barcomb v. Menard (Vt. Super. Ct. 2018).
— Vt. Stat. Ann. tit. 28, § 808(a)(3) — 1 case
Rein Kolts v. James Baker (Vt. 2023).
— Vt. Stat. Ann. tit. 28, § 808(a)(6) — 7 cases
Girouard v. Hofmann, 2009 VT 66 (Vt. 2009). “28 V.S.A. § 808(a) (prior to amendment by 2001, No.”
State v. Bogert, Jr., 109 A.3d 883 (Vt. 2014). “The same can be said for conditional-reentry status — a status designed to foster continuation of “the process of reintegration initiated in a correctional facility,” 28 V.S.A. § 808(a)(6), and a status that is even closer to incarceration than parole.”
In re Girouard, 2014 VT 75 (Vt. 2014). “28 V.S.A. § 808 (2000); see also Girouard v.”
State v. Clayton Turner, 2021 VT 30 (Vt. 2021). “), §§ 18, 25 (“It shall not be a violation of subdivision (1)(A), (1)(B), or (1)(C) of the subdivision if If the person is on furlough status pursuant to 28 V.S.A. § 808(a)(6)723, 808(e), 808(f), or 808a, 808b or 808e a violation of this subdivision (1) of this subsection…”
Kirk WOOL v. Andrew PALLITO, Comm'r Bernard Carter v. Lisa Menard, Comm'r, 193 A.3d 510 (Vt. 2018). “28 V.S.A. § 808(a) (1973). The Department also had the power to establish treatment programming and a system of classification for inmates, to make rules governing its treatment programs, and to periodically review programming decisions.”
— Vt. Stat. Ann. tit. 28, § 808(a)(7) — 1 case
millette v. gorczyk (Vt. Super. Ct. 2024).
— Vt. Stat. Ann. tit. 28, § 808(a)(8) — 1 case
Dennis K. Chandler v. Andrew A. Pallito, 2016 VT 104 (Vt. 2016).
— Vt. Stat. Ann. tit. 28, § 808(a)(8)(B) — 1 case
Amon Sylvester v. Andrew Pallito, Comm., Dept. of Corr. (Vt. 2011).
— Vt. Stat. Ann. tit. 28, § 808(c) — 7 cases
Kevin Holcomb v. Mark Lykens, Sean Smith, Joanne Pereria & John Gorczyk, 337 F.3d 217 (2d Cir. 2003). “On March 24, 2000, Holcomb was released on furlough pursuant to 28 V.S.A. § 808 under the supervision of Defendant-Appellee Correctional Services Specialist Mark Lyk-ens.”
Conway v. Cumming, 636 A.2d 735 (Vt. 1993). “See 28 V.S.A. § 808(a). In September 1990, the Commissioner revoked plaintiffs participation in the furlough program on the ground that plaintiff had engaged in negative behavior, the specific nature of which is not before us.”
State v. John Powers, 2016 VT 110 (Vt. 2016). “” 28 V.S.A. § 808(c). ¶ 48. Although generally an individual must assert his or her Fifth Amendment right to be entitled to its protection, an exception is made for statements “obtained during custodial interrogation.”
State v. Lewis, 711 A.2d 669 (Vt. 1998).
State v. Moquin, 411 A.2d 1355 (Vt. 1980).
— Vt. Stat. Ann. tit. 28, § 808(d) — 2 cases
State v. Clayton Turner, 2021 VT 30 (Vt. 2021). “), §§ 18, 25 (“It shall not be a violation of subdivision (1)(A), (1)(B), or (1)(C) of the subdivision if If the person is on furlough status pursuant to 28 V.S.A. § 808(a)(6)723, 808(e), 808(f), or 808a, 808b or 808e a violation of this subdivision (1) of this subsection…”
millette v. gorczyk (Vt. Super. Ct. 2024).
— Vt. Stat. Ann. tit. 28, § 808(f) — 2 cases
Parker v. Gorczyk, 744 A.2d 410 (Vt. 1999). “In the court's view, by categorically barring furlough for a specified class of inmates before they served their minimum sentences, the new policy eliminated the Commissioner's statutorily mandated discretionary role in determining furlough eligibility, and thus constituted an…”
Tanner v. Gold (Vt. Super. Ct. 2005).
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