reglab/housing_qa huggingface dataset:
13 V.S.A. § 7560a
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 229 - Bail and Recognizances|§ 7560a. Failure to appear; forfeiture of bond; proceedings

§ 7560a. Failure to appear; forfeiture of bond; proceedings|(a) If a person who has been released on a secured or unsecured appearance bond or a surety bond fails to appear in court as required:  (1) The court may:  (A) issue a warrant for the arrest of the person; and (B) upon hearing and notice thereof to the bailor or surety, forfeit any bail posted on the person.  (2)(A) The State's Attorney may file a motion to forfeit the amount of the bond against the surety in the Civil or Criminal Division of the Superior Court where the bond was executed.  (B) A motion filed under this subdivision shall:  (i) include a copy of the bond; (ii) state the facts upon which the motion is based; and (iii) be served upon the surety.     (b) The surety may respond to a motion to forfeit a bond. Responses must be served within 14 days of service of the motion.(c) Upon notice to the parties, the court shall schedule a hearing on a motion to forfeit a bond. The court shall order the surety to produce the principal at the hearing.(d) If the court finds that the surety has violated the terms of the bond by failing to produce the principal at the hearing or at any other court appearance at which the principal was required to appear, the court shall grant the motion to forfeit the bond. The court may, on motion, or on its own motion, adjust the amount of the forfeiture and order the forfeiture of all or part of the bond amount to the State.(e) If a surety fails to comply with a forfeiture order issued under subsection (d) of this section, the Attorney General may commence proceedings to enforce the order and collect the forfeited amount.(f) No bond may be forfeited, in whole or in part, for violation of any condition of release other than a condition that the principal appear in court as required.(g)(1) Service and filing under this section shall be pursuant to Rule 49 of the Vermont Rules of Criminal Procedure.  (2) Computation of time under this section shall be pursuant to Rule 45 of the Vermont Rules of Criminal Procedure. (Added 2001, No. 124 (Adj. Sess.), § 5, eff. June 5, 2002; amended 2009, No. 154 (Adj. Sess.), § 119; 2017, No. 11, § 32.)
13 V.S.A. § 7562
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 229 - Bail and Recognizances|§ 7562. Relief of bail- warrant to arrest and commit

§ 7562. Relief of bail- warrant to arrest and commit|If a surety or a person who has posted bail wishes to surrender the principal in discharge of the person's obligations under the bond or bail agreement, the person may apply in writing to a judicial officer, as defined in subsection 7554(f) of this title, for a warrant to apprehend and detain the principal. The court shall, absent good cause shown, thereupon issue such warrant, and on detention of the principal, the person's obligation under the bond or bail agreement shall be discharged. (Amended 2001, No. 124 (Adj. Sess.), § 6, eff. June 5, 2002.)
13 V.S.A. § 7563
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 229 - Bail and Recognizances|§ 7563. Execution of warrant; expenses

§ 7563. Execution of warrant; expenses|(a) On receipt of a warrant issued under section 7562 of this title with respect to a person charged with a criminal offense, and tender of fees provided for by law, an officer shall apprehend and detain the defendant, and leave with the officer in charge of the facility a copy of the warrant, with his or her return thereon. The expense of arrest and transport of the defendant to the facility shall be paid by the person applying for the warrant.(b) On receipt of a warrant issued under section 7562 of this title with respect to a witness in a criminal prosecution, and tender of fees provided for by law, an officer shall apprehend the witness and deliver him or her to the court for disposition. (Amended 2001, No. 124 (Adj. Sess.), § 7, eff. June 5, 2002.)
13 V.S.A. § 7564
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 229 - Bail and Recognizances|§ 7564. Fees

§ 7564. Fees|Fees for the arrest and detention shall be the same as for the service of other process. If there is dispute about the amount of fees, it shall be submitted to the court which issued the warrant, and its decision shall be final. (Amended 2001, No. 124 (Adj. Sess.), § 8, eff. June 5, 2002.)
13 V.S.A. § 7570
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 229 - Bail and Recognizances|§ 7570. Power of court to return forfeited security

§ 7570. Power of court to return forfeited security|A surety may file a motion requesting the return of forfeited bail, bond or any other security at any time after the order of forfeiture is entered. The court shall set the motion for hearing and provide notice thereof to the surety and the state's attorney. If the court finds the interests of justice would be served by returning all or part of the security, the court may grant the motion and return as much of the security as it deems equitable under the circumstances. (Amended 2001, No. 124 (Adj. Sess.), § 9, eff. June 5, 2002.)
13 V.S.A. § 7573
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 229 - Bail and Recognizances|§ 7573. Peace bonds

§ 7573. Peace bonds|The Criminal Division of the Superior Court may order a person who is arrested for a criminal offense to find sureties that he or she will keep the peace, when it is necessary, and may order the person detained until he or she complies. The Court Administrator shall establish a form for peace bonds that includes notification that the surety has the right to be released from the obligations under the bond upon written application to the judicial officer and detention of the defendant. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 63, eff. April 9, 1974; 2001, No. 124 (Adj. Sess.), § 10, eff. June 5, 2002; 2009, No. 154, § 238.)
13 V.S.A. § 7574
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 229 - Bail and Recognizances|§ 7574. Release in cases after conviction

§ 7574. Release in cases after conviction|Upon an adjudication of guilt, the trial judge shall review the terms and conditions of release and may terminate them or may continue or alter them pending sentence or pending notice of appeal or the expiration of the time allowed for filing notice of appeal. In making such review, the judge shall consider the factors set forth in subsection 7554(b) of this title, as well as the defendant's conduct during the trial and the fact of conviction. Any denial of or change in the terms of release shall be reviewable in the manner provided in sections 7554 and 7556 of this title for pretrial release. (Added 1987, No. 102, § 4.)
13 V.S.A. § 7575
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 229 - Bail and Recognizances|§ 7575. Revocation of the right to bail

§ 7575. Revocation of the right to bail|The right to bail may be revoked entirely if the judicial officer finds that the accused has:  (1) intimidated or harassed a victim, potential witness, juror, or judicial officer in violation of a condition of release; or (2) repeatedly violated conditions of release in a manner that impedes the prosecution of the accused; or (3) violated a condition or conditions of release that constitute a threat to the integrity of the judicial system; or (4) without just cause, failed to appear at a specified time and place ordered by a judicial officer; or (5) in violation of a condition of release, been charged with a felony or a crime against a person or an offense similar to the underlying charge, for which, after hearing, probable cause is found. (Added 1989, No. 293 (Adj. Sess.), § 2; amended 2017, No. 164 (Adj. Sess.), § 4.)
13 V.S.A. § 7576
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 229 - Bail and Recognizances|§ 7576. Definitions

§ 7576. Definitions|As used in this chapter:  (1) "Appearance bond" means a written agreement that allows a person charged with a criminal offense to be released if the person pledges to pay the court a specified amount in the event the person fails to appear at a court proceeding. (2) "Bail" means any security, including cash, pledged to the court to ensure that a person charged with a criminal offense will appear at future court proceedings. (3) "Clinical assessment" means the procedures, to be conducted after a client has been screened, by which a licensed or otherwise approved counselor identifies and evaluates an individual's strengths, weaknesses, problems, and needs for the development of a treatment plan. (4) "Needs screening" means a preliminary systematic procedure to evaluate the likelihood that an individual has a substance abuse or a mental health condition. (5) "Risk assessment" means a pretrial assessment that is designed to be predictive of a person's failure to appear in court and risk of violating pretrial conditions of release with a new alleged offense. (6) "Secured appearance bond" means a written agreement which allows a person charged with a criminal offense to be released if:  (A) the person pledges to pay the court a specified amount in the event that the person fails to appear at a court proceeding; and (B) a portion of the bond is paid to the court prior to release.  (7) "Surety" means:  (A) a person who agrees to be responsible for guaranteeing the appearance in court of a person charged with a criminal offense; or (B) a person who agrees to be responsible for guaranteeing that another person complies with the conditions of a peace bond under section 7573 of this title.  (8) "Surety bond" means a written agreement, in a form established by the Court Administrator, under which a surety guarantees the appearance in court of a person charged with a criminal offense, and pledges to pay the court a specified amount if the person fails to appear. (9) "Flight from prosecution" means any action or behavior undertaken by a person charged with a criminal offense to avoid court proceedings. (Added 2001, No. 124 (Adj. Sess.), § 11, eff. June 5, 2002; amended 2015, No. 12, § 1, eff. May 1, 2015; 2017, No. 164 (Adj. Sess.), § 5.)
13 V.S.A. § 7603
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 230 - Expungement and Sealing of Criminal History Records|§ 7603. Expungement and sealing of record, no conviction; procedure

§ 7603. Expungement and sealing of record, no conviction; procedure|(a) Unless either party objects in the interests of justice, the court shall issue an order sealing the criminal history record related to the citation or arrest of a person:  (1) within 60 days after the final disposition of the case if:  (A) the court does not make a determination of probable cause at the time of arraignment; or (B) the charge is dismissed before trial without prejudice; or  (2) at any time if the prosecuting attorney and the defendant stipulate that the court may grant the petition to seal the record.   (b) If a party objects to sealing or expunging a record pursuant to this section, the court shall schedule a hearing to determine if sealing or expunging the record serves the interests of justice. The defendant and the prosecuting attorney shall be the only parties in the matter.(c), (d) [Repealed.](e) Unless either party objects in the interests of justice, the court shall issue an order expunging a criminal history record related to the citation or arrest of a person:  (1) within 60 days after the final disposition of the case if:  (A) the defendant is acquitted of the charges; or (B) the charge is dismissed with prejudice;  (2) at any time if the prosecuting attorney and the defendant stipulate that the court may grant the petition to expunge the record.   (f) Unless either party objects in the interests of justice, the court shall issue an order to expunge a record sealed pursuant to subsection (a) or (g) of this section eight years after the date on which the record was sealed.(g) A person may file a petition with the court requesting sealing or expungement of a criminal history record related to the citation or arrest of the person at any time. The court shall grant the petition and issue an order sealing or expunging the record if it finds that sealing or expunging the record serves the interests of justice, or if the parties stipulate to sealing or expungement of the record.(h) The court may expunge any records that were sealed pursuant to this section prior to July 1, 2018 unless the State's Attorney's office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subsection, the court shall provide to the State's Attorney's office that prosecuted the case written notice of its intent to expunge the record. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2017, No. 178 (Adj. Sess.), § 2; 2019, No. 32, § 4.)
13 V.S.A. § 7604
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 230 - Expungement and Sealing of Criminal History Records|§ 7604. New charge

§ 7604. New charge|If a person is charged with a criminal offense after he or she has filed a petition for expungement pursuant to this chapter, the court shall not act on the petition until disposition of the new charge. (Added 2011, No. 131 (Adj. Sess.), § 1.)
13 V.S.A. § 7605
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 230 - Expungement and Sealing of Criminal History Records|§ 7605. Denial of petition

§ 7605. Denial of petition|If a petition for expungement is denied by the court pursuant to this chapter, no further petition shall be brought for at least two years, unless a shorter duration is authorized by the court. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2017, No. 57, § 5.)
13 V.S.A. § 7608
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 230 - Expungement and Sealing of Criminal History Records|§ 7608. Victims

§ 7608. Victims|(a) At the time a petition is filed pursuant to this chapter, the respondent shall give notice of the petition to any victim of the offense who is known to the respondent. The victim shall have the right to offer the respondent a statement prior to any stipulation or to offer the court a statement. The disposition of the petition shall not be unnecessarily delayed pending receipt of a victim's statement. The respondent's inability to locate a victim after a reasonable effort has been made shall not be a bar to granting a petition.(b) As used in this section, "reasonable effort" means attempting to contact the victim by first-class mail at the victim's last known address and by telephone at the victim's last known phone number. (Added 2011, No. 131 (Adj. Sess.), § 1.)
13 V.S.A. § 7609
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 230 - Expungement and Sealing of Criminal History Records|§ 7609. Expungement of criminal history records of an individual 18-21 years of age

§ 7609. Expungement of criminal history records of an individual 18-21 years of age|(a) Procedure. Except as provided in subsection (b) of this section, the record of the criminal proceedings for an individual who was 18-21 years of age at the time the individual committed a qualifying crime shall be expunged within 30 days after the date on which the individual successfully completed the terms and conditions of the sentence for the conviction of the qualifying crime, absent a finding of good cause by the court. The court shall issue an order to expunge all records and files related to the arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation related to the sentence. A copy of the order shall be sent to each agency, department, or official named in the order. Thereafter, the court, law enforcement officers, agencies, and departments shall reply to any request for information that no record exists with respect to such individual. Notwithstanding this subsection, the record shall not be expunged until restitution and surcharges have been paid in full, provided that payment of surcharges shall not be required if the surcharges have been waived by the court pursuant to section 7282 of this title.(b) Exceptions.  (1) A criminal record that includes both qualifying and nonqualifying offenses shall not be eligible for expungement pursuant to this section. (2) The Vermont Crime Information Center shall retain a special index of sentences for sex offenses that require registration pursuant to chapter 167, subchapter 3 of this title. This index shall only list the name and date of birth of the subject of the expunged files and records, the offense for which the subject was convicted, and the docket number of the proceeding that was the subject of the expungement. The special index shall be confidential and shall be accessed only by the Director of the Vermont Crime Information Center and an individual designated for the purpose of providing information to the Department of Corrections in the preparation of a presentence investigation in accordance with 28 V.S.A. §§ 204 and 204a.   (c) Petitions. An individual who was 18-21 years of age at the time the individual committed a qualifying crime may file a petition with the court requesting expungement of the criminal history record related to the qualifying crime after 30 days have elapsed since the individual completed the terms and conditions for the sentence for the qualifying crime. The court shall grant the petition and issue an order sealing or expunging the record if it finds that sealing or expunging the record serves the interests of justice. (Added 2017, No. 201 (Adj. Sess.), § 2; amended 2019, No. 167 (Adj. Sess.), § 14, eff. Oct. 7, 2020.)
13 V.S.A. § 7610
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 230 - Expungement and Sealing of Criminal History Records|§ 7610. Criminal history record sealing special fund

§ 7610. Criminal history record sealing special fund|There is established the Criminal History Record Sealing Special Fund, which shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. Fees collected pursuant to 32 V.S.A. § 1431(e) for the filing of a petition to seal a criminal history record of a violation of 23 V.S.A. § 1201(a) shall be deposited into and credited to this Fund. This Fund shall be available to the Office of the Court Administrator, the Department of State's Attorneys and Sheriffs, the Department of Motor Vehicles, and the Vermont Crime Information Center to offset the administrative costs of sealing such records. Balances in the Fund at the end of the fiscal year shall be carried forward and remain in the Fund. (Added 2019, No. 32, § 7.)
13 V.S.A. § 8001
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 231 - Uniform Collateral Consequences of Conviction|§ 8001. Short title

§ 8001. Short title|This chapter may be cited as the Uniform Collateral Consequences of Conviction Act. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
13 V.S.A. § 8002
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 231 - Uniform Collateral Consequences of Conviction|§ 8002. Definitions

§ 8002. Definitions|As used in this chapter:  (1) "Collateral consequence" means a mandatory sanction or a discretionary disqualification. (2) "Conviction" includes an adjudication for delinquency for purposes of this chapter only, unless otherwise specified. "Convicted" has a corresponding meaning. (3) "Court" means the Criminal Division of the Superior Court. (4) "Decision-maker" means the State acting through a department, agency, officer, or instrumentality, including a political subdivision, educational institution, board, or commission, or its employees or a government contractor, including a subcontractor, made subject to this chapter by contract, by law other than this chapter, or by ordinance. (5) "Discretionary disqualification" means a penalty, disability, or disadvantage that an administrative agency, governmental official, or court in a civil proceeding is authorized, but not required, to impose on an individual on grounds relating to the individual's conviction of an offense. Discretionary disqualifications do not encompass charging decisions, such as the imposition of pre-charge diversion or intervention programs. (6) "Mandatory sanction" means a penalty, disability, or disadvantage imposed on an individual as a result of the individual's conviction of an offense which applies by operation of law whether or not the penalty, disability, or disadvantage is included in the judgment or sentence. The term does not include imprisonment, probation, parole, supervised release, forfeiture, restitution, fine, assessment, or costs of prosecution. (7) "Offense" means a felony, misdemeanor, or delinquent act under the laws of this State, another state, or the United States. (8) "Incarceration" means confinement in jail or prison. (9) "State" means a state of the U.S., the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
13 V.S.A. § 8003
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 231 - Uniform Collateral Consequences of Conviction|§ 8003. Limitation on scope

§ 8003. Limitation on scope|(a) This chapter does not provide a basis for:  (1) invalidating a plea, conviction, or sentence; (2) a cause of action for money damages; (3) a claim for relief from or defense to the application of a collateral consequence based on a failure to comply with this chapter; or (4) seeking relief from a collateral consequence imposed by another state or the United States or a subdivision, agency, or instrumentality thereof, unless the law of such jurisdiction provides for such relief.   (b) This chapter shall not affect:  (1) the duty an individual's attorney owes to the individual; (2) a claim or right of a victim of an offense; or (3) a right or remedy under law other than this chapter available to an individual convicted of an offense. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)