Senate Institutions hears overview of Act 159 changes to corrections law, including 28‑day reentry medication supply

Ben Novogrowski, legislative counsel, told the Senate Institutions Committee on Jan. 24 that Act 159 (H.876 of the 2024 session) made a mix of technical and substantive changes to Vermont’s corrections statutes, including new reentry requirements for sentenced offenders.

"If there was a prescription medication that was being taken while the person was incarcerated, and that prescription is both available at the facility and continues to be clinically appropriate at the time of discharge, the department or its contractor is obligated to provide not less than a 28‑day supply of that medication upon release if possible," Novogrowski said. He also described obligations to provide a bridge prescription and to schedule an intake appointment with a community health or substance‑use provider.

The changes apply to "offenders" as that defined term is used in statute (a narrower group than the more inclusive term "inmates," which can include pretrial detainees). Novogrowski emphasized that the Department of Corrections (DOC) does not deliver clinical services directly; the department contracts with a third‑party provider — currently Wellpath — to provide on‑site medical care.

Committee members pressed for practical details: who performs initial medical screens, how the 28‑day figure was chosen and whether the policy covers non‑opioid prescriptions such as heart or ADHD medications. Novogrowski said the 28‑day minimum was chosen to align with existing contract practice (providers could already supply up to 30 days by prescription) and to give people time to link with community care. He said the provision took effect July 1, 2024.

The act also updates terminology for medication‑assisted treatment to "medication for opioid use disorders" (MOUD) and treats MOUD continuity similarly to other prescription continuity while preserving clinical discretion because of diversion concerns.

Reentry logistics addressed in the overview included DOC coordination with the DMV to provide non‑driver identification cards at release if an individual requests one, and use of caseworkers or health navigators to help schedule initial community appointments. Novogrowski described reentry planning as typically beginning about 90 days before release for sentenced offenders.

On earned time (sometimes called "good time"), Novogrowski summarized a working group review that considered expanding earned time to parolees and for educational credits. The working group recommended no expansion until problems with the victim notification system are resolved; Novogrowski said victims were not consistently receiving notices about earned‑time enrollment or sentence reductions.

The committee also reviewed study mandates created by the act: a two‑year study and report on options to reduce the state inmate population and on ending the use of privately operated, out‑of‑state incarceration for Vermont inmates (the act states an intent to end such placements by 2034, while excluding interstate compacts). Novogrowski said the study would be prepared by judiciary in coordination with DOC, the Office of the Defender General, the Law Enforcement Advisory Board and others, and that a status update was required to the Justice Oversight Committee by Dec. 1, 2024.

Members discussed reentry facilities and programming for women and men, including whether reentry housing and services should be colocated with a proposed new women’s facility. Novogrowski said BGS had not yet settled on a site as of last fall and that planning and permitting timelines remain lengthy. Committee members referenced Lund’s "Kids Apart" family‑friendly visiting program and asked about expanding similar visitation to other facilities.

Finally, the act prompted discussion about probation and parole staffing: testimony last year described officers being pulled from normal duties to staff hospital stays for incarcerated people because of staffing shortages. The committee was told DOC, working with the Administration, was to present a plan to the appropriations and judiciary committees describing staffing changes and costs to relieve probation and parole officers from hospital detail assignments.

Committee Chair Senator Wendy Harrison opened and closed the meeting; Novogrowski answered members’ substantive questions and pointed to DOC and other agencies for implementation details.

The committee did not take votes on these items during the session recorded in the transcript; members asked staff to obtain the reports and implementation updates discussed during the briefing.