Inmate Rights in Vermont

Vermont's prison rights landscape is defined by two features that appear in only one other state in this series. First, Vermont never suspends the right to vote: people incarcerated in Vermont retain the right to vote by absentee ballot regardless of the offense or the length of the sentence, and the facility superintendent is mandated by law to inform and assist inmates in exercising this right. Vermont and Maine are the only two states in the United States where incarcerated people never lose the right to vote. Second, Vermont's incarceration system is unified: there are no separate county jails. Everyone in custody in Vermont, whether serving a short sentence, awaiting trial, or serving a long sentence, is held in a Vermont Department of Corrections facility.

The Vermont Department of Corrections, known as VDOC, operates 6 state prison facilities and incarcerates approximately 1,542 people in those facilities plus one out of state facility. Vermont has a statutory Prisoners' Rights Office (PRO), part of the Office of the Defender General, that is mandated to investigate deaths in custody, suicide attempts, assaults, and other critical incidents, and can provide legal representation to incarcerated individuals. ICS tablets have been distributed to all VDOC facilities. The VDOC Constituent Services Unit answers family questions within 48 hours.

This guide covers rights inside Vermont state correctional facilities across ten domains, grounded in VDOC policy, Vermont statute, and the current legal landscape.

Here is the short version, before we take each right apart.

Medical and mental health care are constitutionally required. Vermont has a statutory Prisoners' Rights Office (PRO) that can investigate complaints and provide legal representation. ICS tablets have been distributed to all facilities; phones use ICS Corrections with ICSolutions billing (888 506 8407); ordinary calls are not paid for by VDOC. Visitation applies current rules at all facilities; families can contact Constituent Services. The grievance process must be exhausted before federal court. Disciplinary hearings carry due process protections. PREA protections apply. Religious practice is protected. ADA accommodations are required. Vermont never suspends the right to vote: people incarcerated in Vermont vote by absentee ballot in their last place of voluntary residence, and the facility superintendent is mandated to inform and assist inmates in exercising this right. Vermont's system is unified, with no separate county jails.

Medical and mental health care

Every person in a Vermont state correctional facility has a constitutional right to adequate medical and mental health care under the Eighth Amendment. VDOC provides health care services across its 6 state facilities. VDOC's mission to 'create safety and equity by seeing potential, supporting change, and serving communities' includes a commitment to health and wellness for incarcerated individuals. ICS tablets distributed to all facilities may also support health related programming.

If your loved one is not receiving needed medical or mental health care, submit every request in writing with a date, keep copies, and file a formal grievance through VDOC. The VDOC Constituent Services Unit can also be contacted through the online portal at doc.vermont.gov and responds within 48 hours. The Prisoners' Rights Office, part of the Office of the Defender General, can investigate medical care complaints and provide legal representation for systemic concerns.

Mail and correspondence

Mail in Vermont state correctional facilities is governed by VDOC policy. Legal mail, meaning correspondence from attorneys, must be opened only in the incarcerated person's presence to check for physical contraband and cannot be read. VDOC publishes all publicly available administrative rules, policies, administrative directives, standard operating procedures, guidance documents, and interim memos at doc.vermont.gov/policydocuments. Documents marked Redacted or Level A are security sensitive and exempt from public disclosure.

Vermont has an out of state facility in addition to its 6 state prisons. VDOC provides specific FAQ information for families of incarcerated individuals housed out of state, available through the online portal and family information pages at doc.vermont.gov. Contact InmateAid or VDOC Constituent Services to confirm current mail procedures for the specific facility.

ICS tablets and phone: ICS Corrections

ICS tablets have been distributed to all VDOC facilities. Tablets may be used for communication, programming, and receiving digital content. Phone calls from Vermont state correctional facilities use ICS Corrections, with billing through the ICSolutions platform. Phone rates are subject to the FCC's prison telephone rate caps, expanded in 2024 to cover all facilities regardless of size.

Families can set up a Prepaid Collect account through ICSolutions by following the prompts during the first accepted call or by contacting ICSolutions at 888 506 8407 or icsolutions.com. Debit calling also allows for calls to cell phones if the family member's number is on the incarcerated person's approved list. Vermont's Code of Rules Chapter 009 on Telephone Use notes that the Department does not ordinarily pay for telephone calls; each inmate is provided with an individual account required for making calls; acceptance of the account and use of inmate telephones is deemed consent to recording and monitoring. Privileged communication calls with attorneys are treated separately. If phone calls are being flagged as robocalls, adding the ICSolutions number for the facility to contacts on the receiving cell phone can resolve this.

Visitation

Current visitation rules apply to all correctional facilities in Vermont. Vermont's unified system means that all incarcerated people, regardless of their legal status, are held in VDOC facilities under uniform visiting rules. VDOC provides general visiting information and site specific facility schedules on its website at doc.vermont.gov. Families should check the site specific visiting information for the specific facility where their loved one is housed.

For families of incarcerated individuals housed out of state, VDOC provides specific FAQ information and guidance. Families can contact the VDOC Constituent Services Unit through the online portal with questions about visiting. If a visit is denied or a visitor's access is restricted, file a grievance through VDOC. Contact InmateAid for current facility specific visiting information.

The grievance process

VDOC maintains an internal grievance process for incarcerated people. Grievances must be filed and exhausted through the internal VDOC process before a federal civil rights lawsuit can be filed under the Prison Litigation Reform Act. VDOC policy documents, including grievance procedures, are publicly available at doc.vermont.gov/policydocuments; documents marked Level A are security sensitive and exist in redacted form only.

The VDOC Constituent Services Unit also provides an alternative channel: families and incarcerated individuals with questions or concerns about programming, visiting, procedures, mail, medical care, housing, and movement can submit through the online portal at doc.vermont.gov and receive a response within 48 hours. Office hours are 7:45 AM to 4:30 PM Monday through Friday, excluding holidays. File every grievance in writing, keep a copy, and document every response. Contact the Prisoners' Rights Office for legal representation and systemic concerns.

The Prisoners' Rights Office

Vermont has a statutory Prisoners' Rights Office (PRO) that is unique in this series. The PRO is part of the Office of the Defender General, which heads Vermont's statewide public defenders' office. As of 2025, the PRO employs one supervising attorney, four staff attorneys, three investigators, and one legal assistant. The PRO is mandated to investigate deaths in custody, suicide attempts, assaults, uses of force, and other incidents that result in at least 24 hours of hospitalization. In investigating critical incidents, the PRO collects extensive documentation from VDOC including video, phone logs, mail records, and electronic files, and speaks to incarcerated people, family members, past attorneys, and VDOC staff.

The PRO can resolve complaints informally and can provide legal representation to incarcerated individuals raising complaints. The PRO is part of the public defenders' office and is separate from the VDOC grievance process. Contact the Vermont Office of the Defender General to reach the Prisoners' Rights Office. This is one of the most robust statutory oversight mechanisms for incarcerated people in this series.

Disciplinary hearings

When a person in Vermont state custody is accused of a disciplinary infraction, they are entitled to the minimum due process protections from Wolff v. McDonnell: advance written notice of the charge, a hearing, and a written statement of the evidence and reasons for any sanction. VDOC policy governs the disciplinary process. VDOC policy documents are available at doc.vermont.gov/policydocuments.

A disciplinary conviction can affect classification, housing assignment, program eligibility, visiting access, and parole consideration. Document what happened at any disciplinary hearing, who was present, and what evidence was considered. If the hearing result appears to violate procedural requirements, file a grievance through VDOC. The Prisoners' Rights Office can provide legal assistance for significant disciplinary matters.

PREA and protection from sexual abuse

The Prison Rape Elimination Act applies in all VDOC facilities. Vermont's unified system means that PREA applies to everyone in VDOC custody, including people who in other states might be held in county jails. Every person in custody has the right to be free from sexual abuse and sexual harassment by staff and by other incarcerated people. VDOC must maintain PREA policies, train staff, provide a reporting mechanism, and protect people who report from retaliation.

Reports of sexual abuse or harassment can be made to facility staff, the PREA coordinator, or through external reporting options. Retaliation against someone who reports is a PREA violation and the basis of a separate complaint. Document every incident, every report made, and any change in housing or treatment that follows a report. Contact the Prisoners' Rights Office or the ACLU of Vermont for systemic PREA compliance concerns.

Religious practice

People incarcerated in Vermont state correctional facilities have the right to religious practice under the First Amendment and the federal Religious Land Use and Institutionalized Persons Act. VDOC must accommodate sincere religious beliefs and practices unless it can demonstrate a compelling security interest that cannot be addressed through less restrictive means. Religious programming and chaplaincy services are available in VDOC facilities.

Requests for specific religious accommodations, including dietary adjustments and access to religious items, go through a formal request process at the facility. A denial must rest on a genuine documented security concern. Denials can be challenged through the VDOC grievance process and, if unresolved, in federal court under RLUIPA. Document the specific accommodation requested, the reason given for any denial, and every step taken.

ADA and disability accommodations

People with disabilities in Vermont state correctional facilities are protected by the Americans with Disabilities Act. VDOC must provide reasonable accommodations for people with mobility, vision, hearing, cognitive, and other disabilities. Requests for disability accommodations should be submitted in writing to the facility.

A denial or failure to respond can be challenged through the VDOC grievance process and, if unresolved, in federal court. Contact Disability Rights Vermont or the Prisoners' Rights Office for systemic disability access concerns. Document every accommodation requested and every response received.

Voting rights: never suspended in Vermont

Vermont never suspends the right to vote. Vermont is one of only two states in the country (along with Maine) where incarcerated people retain the right to vote for any reason, including for felony convictions of any kind. Vermont law is explicit: a person convicted of a crime shall retain the right to vote by absentee ballot during their term of confinement in a correctional facility, provided they otherwise meet all voting requirements. Vermont statutes specifically forbid using the place of involuntary confinement as the place of residence for voting; instead, incarcerated Vermonters vote by absentee ballot in their last place of voluntary residence (the town where they lived before incarceration).

The facility superintendent is mandated by Vermont's Code of Rules to take the initiative to inform and assist inmates in exercising the right to vote, including helping obtain absentee ballots. If you are incarcerated in Vermont, check your voter registration status, register to vote in your last place of voluntary residence if necessary, and request an absentee ballot from the facility staff or office administrators. Vermont's unified system also means that people in VDOC custody who in other states would be in county jails have the same access to this voting right.

Vermont's unified system and out of state incarceration

Vermont's incarceration system is unified: there are no separate county jails. Everyone in custody in Vermont, whether serving a short sentence for a minor offense, held pretrial, or serving a long sentence for a serious offense, is held in a VDOC facility under uniform rules. This unified system means that VDOC policy on mail, phone access, visitation, grievances, PREA, and voting rights applies uniformly to all people in Vermont state custody regardless of the nature of their case.

Vermont also incarcerates some individuals in one out of state facility. Families of people incarcerated out of state should consult VDOC's specific FAQ information for out of state placement, available through the family and friends information pages at doc.vermont.gov. Contact the VDOC Constituent Services Unit through the online portal for specific questions about out of state incarceration.

The bottom line for Vermont

Vermont's prison rights landscape is defined by the never suspended right to vote (one of only two states), the unified system with no separate county jails, the statutory Prisoners' Rights Office with the power to investigate and provide legal representation, ICS tablets distributed to all facilities, ICS Corrections phones through ICSolutions (888 506 8407), the VDOC Constituent Services Unit with a 48 hour online portal response, and six state prison facilities plus one out of state placement.

The rights in this guide are real: adequate medical care under the Eighth Amendment, legal mail protections, ICS tablets and phone access through ICSolutions with consent to monitoring, visitation under uniform statewide rules, the grievance process that must be exhausted before federal court plus the Constituent Services Unit for family questions, due process in disciplinary hearings, the Prisoners' Rights Office as a statutory oversight body and legal resource, PREA protections, religious accommodation, ADA access, and the right to vote by absentee ballot in the last place of voluntary residence with the facility superintendent mandated to assist. Document everything, file every grievance, contact the Prisoners' Rights Office for legal representation, contact the ACLU of Vermont for systemic concerns, and stay in contact through InmateAid.