Vermont’s prison population has climbed sharply in recent months, straining capacity in facilities statewide and prompting officials to consider expanding out-of-state incarceration. As of this week, the Department of Corrections reports housing more than 1,650 individuals, up from 1,366 in September 2023.
Though below the system’s historic high of over 2,200 in the late 2000s, the current numbers are the highest since the start of the COVID-19 pandemic.
Several units are over capacity, and staffing shortages continue to hamper operations, prompting the return of measures such as temporary floor beds.
The Chittenden Regional Correctional Facility in South Burlington, Vermont’s only women’s prison, is housing 180 women in a facility with just 164 operational beds, of which only 118 are designated for the general population. Marble Valley Regional Correctional Facility in Rutland and other prisons across the state are also running above capacity in at least one unit.
Joshua Rutherford, the Department of Corrections’ deputy director of facilities, said the increase in incarcerated individuals began accelerating unexpectedly this spring.
“Nobody calls me to ask how many beds I have before they impose a sentence,” he said.
A primary driver of the spike has been the rise in detainees—people jailed while awaiting trial. According to Matt Valerio, Vermont’s defender general, the current pretrial detention population, over 650 people, is two to three times greater than historic averages.
Recent changes to state bail laws may be contributing. In July, Vermont enacted policies allowing judges to raise bail for individuals accused of new crimes while already out on release. Chief Superior Court Judge Thomas Zonay told lawmakers that since May, the number of people held on bail under $10,000 has increased by over 60 percent. The number of people held without bail is also up by roughly 40 individuals.
Corrections leaders and lawmakers cite a mix of factors fueling this reversal of pandemic-era trends. Court backlogs, increased public concern over crime, and new legislative policies have all played a role. Vermont temporarily reduced its incarcerated population during the pandemic by limiting police interactions and expanding early releases. As those policies have lapsed, the prison population has steadily risen.
This surge comes as Vermont confronts multiple policy challenges, including the state’s ongoing struggles with infrastructure and resource allocation across various sectors.
Staffing remains a critical concern. At Northern State Correctional Facility in Newport, 28 percent of officer and shift supervisor positions are vacant. Other facilities report vacancy rates between 10 and 20 percent. The shortages have led to frequent mandatory overtime.
To help relieve overcrowding, three housing units shuttered during the pandemic are expected to reopen this month, pending staff availability. However, officials are also weighing increased reliance on out-of-state prison facilities.
Vermont currently houses nearly 130 men at the privately run Tallahatchie County Correctional Facility in Mississippi through a contract with CoreCivic, which allows for up to 300 beds. The contract applies only to men, leaving no similar option for women.
“The increased reliance on out-of-state is absolutely a possibility,” Rutherford said, noting the existing Mississippi contract remains active.
Temporary plastic “sled beds” have become a common solution in crowded facilities. These beds, placed on cell floors, offer minimal comfort and limited sanitation. Tim Burgess, a formerly incarcerated advocate, described the experience of sleeping on one of the red plastic trays as “ugly.” In a two-person cell with a bunk, desk, and toilet, the added bed often leaves a person wedged next to the toilet.
Valerio expressed concern about hygiene and safety, noting a recent uptick in MRSA infections at the Rutland prison where sled beds are used. A Department of Corrections spokesperson confirmed a “small number” of MRSA cases systemwide but declined to provide details, citing medical privacy.
With facilities filling rapidly and pretrial detention driving much of the increase, state officials are facing growing pressure to devise both short- and long-term solutions. Rutherford said the department is considering creative measures to manage the spike without compromising safety or sanitation.
“The real question,” said Valerio, “is how high is it going to go? And what’s going to happen—where are we going to put them?”
As Vermont navigates shifting legal and public safety dynamics, the immediate challenge is clear: its correctional infrastructure, already stretched by staffing gaps and aging facilities, may not be enough for the population it must now house.
