Vermont DOC Adult Pay to Stay Policy

To Whom It May Concern:

Pursuant to the Vermont Public Records Act, I hereby request the following records:

The following materials regarding the imposition, assessment, collection and balances of inmate fees and debt:

All current policies and procedures regarding medical and room & board costs or fees for which inmates are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).

All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of individuals charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Kelly Stevenson

Hello,

Please see the following request for records. Thank you for your help with this request.

Sincerely,
MuckRock

Hello,

Thank you for your response to my initial request. Although the Department of Corrections does not charge these fees, as you have stated, I have located a state statute that seems to authorize the Department to do so. The statutory code is “28 V.S.A. § 755 Disposition of earnings”, and it states the following:

“An inmate participating in a work release program shall cause to be given to the Commissioner the inmate's total earnings less payroll deductions authorized by law, including income taxes. Upon receipt of the earnings the Commissioner, to the extent reasonable, may: (1) Deduct an amount determined to be equivalent to the cost of providing for the living expenses of the inmate."

Does this statute allow the Commissioner of Corrections to draw from an inmate’s payroll if they participate in a work release program? If so, is it the case that this is authorized by the statute but not actively carried out in practice? Your insight into this matter would be greatly appreciated.

The link to this statute can be found there the following link: https://legislature.vermont.gov/statutes/section/28/011/00755.

Thank you,
Kelly Stevenson