1 | 1 | | BILL AS INTRODUCED H.294 |
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2 | 2 | | 2025 Page 1 of 5 |
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4 | 4 | | |
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5 | 5 | | VT LEG #380918 v.2 |
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6 | 6 | | H.294 1 |
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7 | 7 | | Introduced by Representatives Headrick of Burlington, Carris-Duncan of 2 |
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8 | 8 | | Whitingham, Chapin of East Montpelier, Logan of Burlington, 3 |
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9 | 9 | | and McCann of Montpelier 4 |
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10 | 10 | | Referred to Committee on 5 |
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11 | 11 | | Date: 6 |
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12 | 12 | | Subject: Public institutions and corrections; commissary; telecommunications; 7 |
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13 | 13 | | State contracts; labor; employment practices; minimum wage 8 |
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14 | 14 | | Statement of purpose of bill as introduced: This bill proposes to ensure that 9 |
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15 | 15 | | incarcerated individuals are provided communications services at no expense. 10 |
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16 | 16 | | This bill also proposes to require the Department of Corrections to evaluate its 11 |
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17 | 17 | | contracts with Global Tel Link Corporation and the Keefe Group. This bill 12 |
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18 | 18 | | also proposes to require that incarcerated individuals receive at least federal 13 |
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19 | 19 | | minimum wage. 14 |
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20 | 20 | | An act relating to commissary and telecommunications prices in State 15 |
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21 | 21 | | correctional facilities and fair compensation for incarcerated labor 16 |
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22 | 22 | | It is hereby enacted by the General Assembly of the State of Vermont: 17 |
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23 | 23 | | Sec. 1. 28 V.S.A. § 802a is amended to read: 18 |
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24 | 24 | | § 802a. TELEPHONE USE; DEBIT AND COLLECT CALL SYSTEMS 19 |
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25 | 25 | | OTHER COMMUNICATION SERVICES 20 BILL AS INTRODUCED H.294 |
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26 | 26 | | 2025 Page 2 of 5 |
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28 | 28 | | |
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29 | 29 | | VT LEG #380918 v.2 |
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30 | 30 | | (a) Upon admittance to a correctional facility, the inmate shall within 24 1 |
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31 | 31 | | hours be allowed access to a telephone for outgoing telephone calls at the no 2 |
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32 | 32 | | expense of to the inmate. 3 |
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33 | 33 | | (b) An inmate shall be allowed easy access in placing collect telephone 4 |
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34 | 34 | | calls at no expense upon admission to a correctional facility under reasonable 5 |
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35 | 35 | | conditions determined by the Commissioner, unless the inmate has been 6 |
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36 | 36 | | prohibited under provisions of section 853 of this title regarding punishment 7 |
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37 | 37 | | for a breach of the rules and regulations of the correctional facility in which an 8 |
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38 | 38 | | inmate is confined. 9 |
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39 | 39 | | (c) When an inmate requests and receives a list of parties approved to 10 |
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40 | 40 | | receive telephone calls, the inmate shall be provided the option of using a debit 11 |
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41 | 41 | | or collect call a system to place such calls at no expense to the inmate. Under 12 |
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42 | 42 | | the debit system, the inmate shall pay for telephone service at the time of use, 13 |
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43 | 43 | | and the cost of such service will be automatically deducted from an account 14 |
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44 | 44 | | maintained by the inmate for that purpose. 15 |
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45 | 45 | | (d) Any contract to provide telephone or other communication services to 16 |
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46 | 46 | | inmates in State correctional facilities shall be negotiated and awarded in a 17 |
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47 | 47 | | manner that provides for the lowest reasonable no cost to inmates, to their 18 |
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48 | 48 | | families, and to others communicating with inmates. 19 |
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49 | 49 | | (e) The Department may supplement telephone use with other 20 |
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50 | 50 | | communication services, including video and electronic communication 21 BILL AS INTRODUCED H.294 |
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51 | 51 | | 2025 Page 3 of 5 |
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53 | 53 | | |
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54 | 54 | | VT LEG #380918 v.2 |
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55 | 55 | | services, provided that any other communication service shall be offered at no 1 |
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56 | 56 | | expense to the inmate. 2 |
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57 | 57 | | Sec. 2. 28 V.S.A. § 820 is added to read: 3 |
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58 | 58 | | § 820. COMMISSARY 4 |
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59 | 59 | | Any contract to provide commissary services to inmates in State 5 |
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60 | 60 | | correctional facilities shall be negotiated and awarded in a manner that 6 |
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61 | 61 | | provides that prices shall be set so as not to exceed by more than 10 percent the 7 |
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62 | 62 | | fair market value for comparable products sold in the community where the 8 |
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63 | 63 | | facility is located. 9 |
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64 | 64 | | Sec. 3. DEPARTMENT OF CORRECTIONS; EV ALUATION OF 10 |
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65 | 65 | | CONTRACTS 11 |
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66 | 66 | | On or before January 1, 2026, the Department of Corrections shall evaluate 12 |
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67 | 67 | | its contracts with Global Tel Link Corporation and the Keefe Group and report 13 |
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68 | 68 | | to the General Assembly on whether: 14 |
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69 | 69 | | (1) each vendor offers its services or products to incarcerated 15 |
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70 | 70 | | individuals at prices substantially higher than applicable to comparable 16 |
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71 | 71 | | services or products offered in the community where the facility is located; and 17 |
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72 | 72 | | (2) each vendor offers its services or products to incarcerated 18 |
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73 | 73 | | individuals at prices substantially higher than offered by competing vendors. 19 |
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74 | 74 | | Sec. 4. 28 V.S.A. § 751b is amended to read: 20 |
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75 | 75 | | § 751b. GENERAL PROVISIONS GOVERNING OFFENDER WORK 21 BILL AS INTRODUCED H.294 |
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76 | 76 | | 2025 Page 4 of 5 |
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78 | 78 | | |
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79 | 79 | | VT LEG #380918 v.2 |
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80 | 80 | | * * * 1 |
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81 | 81 | | (b) An offender shall not be required to engage in unreasonable labor or to 2 |
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82 | 82 | | perform any work for which he or she the offender is declared unfit by a 3 |
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83 | 83 | | physician employed or retained by the Department. 4 |
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84 | 84 | | (c)(1) The Commissioner shall establish written guidelines governing the 5 |
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85 | 85 | | hours and conditions of offender work, and the rates of compensation of 6 |
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86 | 86 | | offenders for employment. An offender shall be compensated at a rate that is 7 |
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87 | 87 | | equal to or greater than the federal minimum wage unless a different wage is 8 |
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88 | 88 | | required for the offender’s position pursuant to federal law. 9 |
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89 | 89 | | (2) Wage payments of offenders shall be set aside in a separate fund. 10 |
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90 | 90 | | (3) The guidelines of the Department may provide for the making of 11 |
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91 | 91 | | deductions from wages of offenders to defray part or all of the cost of offender 12 |
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92 | 92 | | maintenance or payments to victims of crime. The guidelines may also 13 |
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93 | 93 | | provide for the setting aside by the Department of a portion of an offender’s 14 |
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94 | 94 | | wages to enable the offender to contribute to the support of his or her the 15 |
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95 | 95 | | offender’s dependents, if any,; to make necessary purchases from a 16 |
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96 | 96 | | commissary,; to purchase approved books, instruments, and instruction not 17 |
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97 | 97 | | supplied by a correctional facility,; and to set aside sums to be paid to the 18 |
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98 | 98 | | offender upon release from the custody or supervision of the Commissioner. 19 BILL AS INTRODUCED H.294 |
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99 | 99 | | 2025 Page 5 of 5 |
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101 | 101 | | |
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102 | 102 | | VT LEG #380918 v.2 |
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103 | 103 | | (4) Any interest that accrues from these wages during the period of such 1 |
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104 | 104 | | custody of an offender shall be credited to any fund maintained by the 2 |
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105 | 105 | | correctional facility for the welfare of offenders. 3 |
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106 | 106 | | * * * 4 |
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107 | 107 | | Sec. 5. DEPARTMENT OF CORRECTIONS WAGE POLICIES; UPDATE 5 |
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108 | 108 | | On or before January 1, 2026, the Commissioner of Corrections shall update 6 |
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109 | 109 | | all Department of Corrections policies relating to inmate wages to comply with 7 |
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110 | 110 | | the requirements of 28 V.S.A. § 751b. 8 |
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111 | 111 | | Sec. 6. EFFECTIVE DATE 9 |
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112 | 112 | | This act shall take effect on July 1, 2025. 10 |
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