§ 1004. Standards of maintenance and use by Department of Corrections
(a) All lockups must meet the standards established by the Commissioner of Corrections. Such standards shall comply with the standards and requirements relating to medical care established under the provisions of section 801 of this title. To assist in the management of correctional facilities, the Commissioner may contract to house an inmate in a local lockup for pretrial detention, confinement, or for community release. The Commissioner or his or her authorized agent shall visit and inspect all lockups at least once every six months.
(b) The selectboard, trustees, or sheriffs maintaining a lockup that fails to meet minimum standards shall discontinue its use within 30 days after notice thereof is sent to them by the Commissioner. They shall cause its inmates to be transferred to the nearest regional correctional facility. If the selectboard, trustees, or sheriffs do not keep a lockup according to the standards established by the Commissioner or fail to discontinue its use after notice from the Commissioner, he or she may petition the Superior Court, and the court may grant an injunction against continued use of the lockup. The court may make other orders appropriate and necessary for enforcing this section. (Added 1971, No. 199 (Adj. Sess.), § 20; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1977, No. 57, § 2, eff. April 22, 1977; 1981, No. 185 (Adj. Sess.), § 3, eff. April 22, 1982; 1987, No. 199 (Adj. Sess.), § 2.)