Vermont Statutes Annotated

Vt. Stat. Ann. tit. 28, § 853 (2026)

Punishment; maintenance of records; recommendation of transfer

✓ current as of May 2026

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Subchapter 004 : DISCIPLINE AND CONTROL OF INMATES

(Cite as: 28 V.S.A. § 853)

§ 853. Punishment; maintenance of records; recommendation of transfer

(a)(1) Except in serious cases as provided in subdivision (2) of this subsection, punishment for a breach of the rules and regulations of the facility shall consist of deprivation of privileges.

(2) Serious breaches of the rules and regulations shall include assault, escape, attempt to escape, and other serious breaches. In cases involving a serious breach, the disciplinary committee may recommend to the supervising officer of the facility, who may then order, other forms of discipline in addition to or as substitution for a loss of privileges. If the serious breach results in damage to State-owned property, the disciplinary committee may fix an amount of restitution or reparation, which shall not exceed an amount the inmate can or will be able to pay, and shall fix the manner of performance. Other forms of discipline for a serious breach of the rules may include:

(A) Recommendation by the disciplinary committee and by the supervising officer to the Commissioner that the inmate be transferred to another facility.

(B) Segregation, in accordance with the regulations of the Department, in a cell or room, apart from the accommodations provided for inmates who are participating in programs of the facility; provided:

(i) the period of such segregation shall not exceed 30 days consecutively;

(ii) he inmate shall be supplied with a sufficient quantity of wholesome and nutritious food, which shall be of the same quantity and nutritional quality as that provided to the general population of inmates at the facility;

(iii) adequate sanitary and other conditions required for the health of the inmate shall be maintained; and

(iv) the supervising officer of the facility shall comply with any recommendation that may be made by the facility’s physician for measures with respect to dietary needs or conditions of segregation of each inmate required to maintain the health of the inmate.

(b) No cruel, inhuman, or corporal punishment shall be used on any inmate, nor is the use of force on any inmate justifiable except as provided by law.

(c) The supervising officer of any facility shall maintain a record of all breaches of rules, the disposition of each case, and the punishment, if any, for each breach. Each breach of the rules by an inmate shall be entered in the file of the inmate, together with the disposition or punishment therefor. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1975, No. 21, § 2, eff. March 31, 1975; 1977, No. 57, § 1, eff. April 21, 1977; 1977, No. 264 (Adj. Sess.), § 1; 2005, No. 177 (Adj. Sess.), § 2.)

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1975–2024 · leading case: LaFaso v. Patrissi, 633 A.2d 695 (Vt. 1993).

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LaFaso v. Patrissi, 633 A.2d 695 (Vt. 1993). “Plaintiffs also claimed that DOC’s denial of meritorious “good time” to inmates found to have committed minor disciplinary infractions contravenes 28 V.S.A. § 853(a), which limits this sanction to cases of “serious breach of the rules.”

Rebideau v. Stoneman, 398 F. Supp. 805 (D. Vt. 1975). “Vermont imposes a fifteen consecutive day maximum duration of segregation, 28 V.S.A. § 853(a)(1); the federal regulations provide for indefinite segregation with mandatory periodic reviews, BPPS 7400.”

pratt v. menard (Vt. Super. Ct. 2024). · cites it 2× “01 and 28 V.S.A. § 853(c). Mr. Pratt appealed, and the investigator wrote, “I find that policy has been followed and the DR has been removed from TJ Pratt’s record.”

Pratt v. Menard (Vt. Super. Ct. 2018). · cites it 2× “01 and 28 V.S.A. § 853(c). Mr. Pratt appealed, and the investigator wrote, “I find that policy has been followed and the DR has been removed from TJ Pratt’s record.”

— Vt. Stat. Ann. tit. 28, § 853(a) — 1 case

— Vt. Stat. Ann. tit. 28, § 853(a)(1) — 1 case

— Vt. Stat. Ann. tit. 28, § 853(c) — 2 cases

pratt v. menard (Vt. Super. Ct. 2024). “01 and 28 V.S.A. § 853(c). Mr. Pratt appealed, and the investigator wrote, “I find that policy has been followed and the DR has been removed from TJ Pratt’s record.”

Pratt v. Menard (Vt. Super. Ct. 2018). “01 and 28 V.S.A. § 853(c). Mr. Pratt appealed, and the investigator wrote, “I find that policy has been followed and the DR has been removed from TJ Pratt’s record.”

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