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D

Daily Observation Report (DOR): A standardized form completed by the Field Training Officer which is intended to reflect their observation of trainee performance in areas determined to be critical. (106.06)

Dangerous Behavior: Assaultive behavior of all kinds including, but not limited to, striking, pushing, kicking, biting, spitting or throwing bodily fluids or feces. (413.01) Any behavior that causes a situation where there is a risk of injury to staff or others. (Interim Procedure – Use of Force Field and Threats on Staff)

Dangerous Instrument: A weapon or any other unauthorized object or substance which may cause physical injury or death under the circumstances in which it is possessed, used or attempted or threatened to be used, or is capable of being used. (410.01)

Data: Factual information (such as measurements or statistics) used as a basis for reasoning, discussion, or calculation. (51)

Day: A weekday, excluding federal or state holidays. (256)

Deadly Force: Force used against a person that is likely to cause death or serious bodily injury, as through the discharging of a firearm or through personal physical action. (413.01)

Defense Lawyer:  A lawyer, para-legal, or legal investigator who represents an inmate in criminal or civil matters. (415)

Deferred Sentence:  The court may defer sentence for a set term; if an offender completes the conditions within the designated term, s/he is discharged from probation and the record is expunged.  If there is violation of the deferred sentence agreement, the court then imposes the sentence. (501.02)

Delegation: The condition where a specific responsibility and authority is assigned to another person to conduct specific business.  Delegations must be in writing.  Persons to whom authority has been delegated will sign documents with their own name and title. (05)

Delete:  To permanently remove an entire case note whose content is duplicated, predominantly incorrect, or unprofessional, which may only be done by a supervisor. (254.04 – 12/07)

“De Minimus Fringe Benefit”: A benefit that, considering its value and the frequency with which it is provided, is so small as to make accounting for it unreasonable or impractical.  This includes such items as flowers, books, occasional tickets for entertainment events, etc. (117.01 – 1/08)

Demonstrative Prayer: Overtly religious conduct that unduly imposes on others in a facility. (380.01 – 1/08)

Department: Vermont Department of Corrections. (76.04, 352)

Department Emergency Preparedness Coordinator:  The Chief of Emergency Services located at Central office who reports to the Director of Security & Supervision. (414.03)

Department of Corrections Employee:  Any person employed and paid by the Department of Corrections, classified or unclassified, under contract, including Attorney Generals. (415)

Department of Mental Health:  A department of the Vermont Agency of Human Services, which is charged with the responsibility of operating Vermont State Hospital and Brandon Training School, and assuring the general quality and delivery of services for the mentally ill and developmentally disabled at the community level throughout Vermont. (361)

Department Review Committee: Comprised of the Deputy Commissioner, Directors of HRD, Security and Supervision and a member of the Executive Management Team (EMT).  The committee will review all incidents recommended for review where staff has comported themselves with distinction.  The committee will make recommendations to the Commissioner about the degree of recognition that each person may warrant. (117.01)

Dependants:  Any minor child, spouse, domestic partner, or parents living on government assistance. (394.02)

Designation: A condition where the total authority and responsibility of another position is either formally assigned to or temporarily assumed by another position.  When a designee signs any document he shall sign his own name and indicate his designated position.  Any responsibilities or authority assigned by policy to a specific position is automatically assumed by his designee in his absence. (05)

Designee:  An individual in the chain of command of the person in the position required to carry a pager.  Any designation will be done in writing and notice will be accomplished through e-mail. (401.01)

Design Specification: A description of the elements that direct how a program should operate.  The design specification of a program is contained in the component specification, program description, program directives and any standards or protocols developed for the program.  A process evaluation will attempt to determine if the program is being operated according to the design specification.  (52.01)

Detention:  The legally authorized confinement of a person subject to criminal or juvenile court proceedings, until the moment of beginning to serve an imposed sentence to a correctional facility or until release. (326.01)

Deterrence: Turning aside, discarding, discouraging, or preventing from acting (as by fear). (03)

Detoxification:  The process by which an intoxicating chemical is reduced in concentration within a person’s body so that the concentration of that chemical no longer effects them physically or psychologically. (363)

Digital or Simple Instrument Search:  Inspection for contraband or any other foreign items in a body cavity of an inmate by use of fingers or simple instruments, such as an otoscope, tongue blade, short nasal speculum and simple forceps. (409.01)

Direct Contact:  A face to face interaction with an offender or a collateral person where communication takes place. (371.17)

Director Correctional Services:  The individual who has administrative and supervisory responsibility for correctional services functions and all facilities, CCSC’s, and CRSU’s. (371.04)

Director of Legal Education: An attorney responsible for the delivery of Access to Courts services to inmates including:

(1)        Training, interviewing and selecting Inmate Law Librarians (ILL) in consultation with correctional facility superintendents.

(2)        Certifying, interviewing, and selecting Inmate Legal Assistants (ILA) in consultation with correctional facility superintendents.

(3)       Conducting periodic correctional facility site visits to ensure inmate law libraries and legal materials are maintained and kept current and that local facility procedures are consistent with the requirements of Inmate Access to Courts Policy 385 and Directive 385.01.

(4)        Providing limited legal research services (Vermont & US Supreme and Second Circuit Federal Courts) for incarcerated inmates relative to the areas of law within the scope of Inmate Access to Courts described in Directive 385.01, Scope of Access.

(5)        Developing and maintaining Inmate "How To" and Legal Education Manuals.

(6)        Recommending additional areas of resources and legal education courses according to Inmate Access to Courts Policy 385 and Directive 385.01.

(7)        Implementing and coordinating Inmate Access to Courts services at Vermont correctional facilities.

The DLE does not render legal advice or opinions or undertake the representation of inmates in any legal proceeding.  Inmate communications with DLE relative to anticipated or pending legal matters are confidential to the maximum extent practicably.  

Disability:  a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such impairment; or being regarded as having such impairment.  (371.01)

Disciplinary Committee:  A body of two or three qualified and trained staff persons appointed by the Superintendent by name.  At least two members equals or constitutes a quorum for imposition of discipline. (370) A minimum of three qualified, trained staff persons appointed by the Superintendent by name (of which at least two members equals or constitutes a quorum for imposition of discipline). (410.01) 

Disciplinary Segregation: A form of separation from the general population in which inmates committing serious violations of conduct regulations are confined for short periods of time to individual cells separated from the general population. Placement in disciplinary segregation may occur only after find of a rule violation at an impartial hearing and when there is not an adequate alternative disposition to regulate the inmate’s behavior. (413.11, 410.01, 410.03, 410.06)

Disclosure: Communication in any way, written or oral, which identifies someone as an alcohol or drug abuser. (254.03)

Disposition:   (1) After a determination of guilt in a due process hearing, a variety of options are open to the hearing authority concerning how the offender will be held accountable for the non-compliant behavior. (413.06) (2) The actions taken with non-current records following their appraisal. (252)

Disposition Order: Legal authorization for the disposition of records as obtained through the Public Records Advisory Board. (252)

Disturbances:  Overt and covert act (s), which significantly interrupts, alters, or destroys the order and safety of the facility or a section. (414)

DNR (Do not resuscitate): A patient-generated document that directs heath care providers not to attempt resuscitation. (353)

DOC:  Department of Corrections. (326.01)

Domestic Partner: A person of the same or opposite sex that lives with a Department of Corrections employee and has been in an enduring domestic relationship. (126.01)

Donation: Department-approved contributions to inmate programs/activities. (380.01 – 1/08)

Drug Abuse:  The use of a drug (either licit or illicit) in sufficient quantity and frequency to interfere with a person’s ability to make sound life decisions, perform appropriate actions, and fulfill responsibilities with the result that the person is unable to be a law abiding and self-supporting individual. (363)

Dwelling: Any location owned or rented by the offender or an apartment or residential space owned or leased by the department, in which an offender is housed, other than a correctional facility named as such. (256)

Dynamic Risk Factors:  Those risk factors which are subject to change (e.g. Substance abuse) and which, when successfully treated, are associated with lowered recidivism rates. (371.07)