reglab/housing_qa huggingface dataset:
13 V.S.A. § 5405
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5405. Court determination of sexually violent predators

§ 5405. Court determination of sexually violent predators|(a) The General Assembly finds that some sexual offenders should be subject to increased sex offender registry and community notification procedures. It is the intent of the General Assembly that State's Attorneys utilize the provisions in this section to petition the court to designate those offenders who pose a greater risk to the public as sexually violent predators to ensure that those offenders will be required to register as sex offenders for life, and that they will be among those offenders who are included on the State's Internet Sex Offender Registry.(b) Within 15 days after the conviction of a sex offender, the State may file a petition with the court requesting that the person be designated as a sexually violent predator.(c) The determination of whether a person is a sexually violent predator shall be made by the court at the time of sentencing.(d) The court shall order a presentence investigation that shall include a psychosexual evaluation of the offender.(e) In making a determination of whether the person is a sexually violent predator, the court shall examine the following:  (1) the person's criminal history; (2) any testimony presented at trial, including expert testimony as to the person's mental state; (3) the person's history of treatment for a personality disorder or mental abnormality connected with his or her criminal sexual behavior; (4) any mitigating evidence, including treatment history, evidence of modified behavior, or expert testimony, that the convicted sex offender wishes to provide to the court prior to the determination; and (5) any other relevant evidence.   (f) The standard of proof when the court makes such a determination shall be clear and convincing evidence that the convicted sex offender suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.(g) The court shall determine whether the offender was eligible to be charged as a habitual offender as provided in section 11 of this title or a violent career criminal as provided in section 11a of this title and shall make findings as to such.(h) After making its determinations, the court shall issue a written decision explaining the reasons for its determinations and provide a copy of the decision to the Department within 14 days.(i) A person who is determined to be a sexually violent predator shall be subject to sex offender lifetime registration and community notification and inclusion on the Internet Sex Offender Registry as provided in this subchapter. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2001, No. 49, § 5, eff. Sept. 1, 2001; 2005, No. 79, § 8; 2017, No. 11, § 27.)
13 V.S.A. § 5405a
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5405a. Court determination of Sex Offender Registry requirements

§ 5405a. Court determination of Sex Offender Registry requirements|(a)(1) The court shall determine at sentencing whether Sex Offender Registry requirements apply to the defendant.  (2) If the State and the defendant do not agree as to the applicability of Sex Offender Registry requirements to the defendant, the State shall file a motion setting forth the Sex Offender Registry requirements applicable to the defendant within 14 days of the entry of a guilty plea. To the extent the defendant opposes the motion, the State and the defendant shall present evidence at the sentencing as to the applicability of Sex Offender Registry requirements to the defendant.   (b) The court shall consider the following when determining under this section whether Sex Offender Registry requirements apply to the defendant:  (1) the report issued pursuant to subsection 5403(c) of this title; (2) the presentence investigation report regarding the offense for which the defendant is being sentenced; (3) the court's own judgment of conviction and any evidence that was presented at trial; and (4) any other evidence admitted at sentencing and deemed relevant by the court to the defendant's Registry status.   (c) The State shall bear the burden of proving by a preponderance of the evidence the applicability of Sex Offender Registry requirements to the defendant under this section.(d) Within 14 days after the sentencing or the presentation of evidence pursuant to subdivision (a)(2) of this section, the court shall issue an order determining whether Sex Offender Registry requirements apply to the defendant. The order shall include:  (1) the offense of which the defendant was convicted that requires the placement of his or her name on the Sex Offender Registry; (2) any prior convictions that affect:  (A) the defendant's Sex Offender Registry Status; (B) the length of time that the defendant is required to register as a sex offender; or (C) whether information regarding the defendant is required to be electronically posted on the Internet under section 5411a of this title;  (3) the length of time that the defendant is required to register as a sex offender; (4) whether the defendant is designated as a sexually violent predator under section 5405 of this title; (5) whether the defendant was immediately released or remanded to the custody of the Department of Corrections; and (6) whether information regarding the defendant is required to be electronically posted on the Internet under section 5411a of this title. (Added 2015, No. 31, § 3; amended 2017, No. 11, § 28.)
13 V.S.A. § 5406
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5406. Department of Corrections duty to provide notice

§ 5406. Department of Corrections duty to provide notice|Upon receiving a sex offender from the court on a probationary sentence or any alternative sentence under community supervision by the Department of Corrections, or upon the release of a sex offender from a correctional facility, the Department of Corrections shall do each of the following:  (1) inform the sex offender of the duty to register and keep the registration current as provided in section 5407 of this title; (2) inform the sex offender that if the sex offender changes residence to another state, the sex offender shall notify the Department of the new address and shall also register with the designated law enforcement agency in the new state not later than three days after establishing residence in the new state, if the new state has a registration requirement; (3) require the sex offender to read and sign a form stating that the duty of the sex offender to register under this section has been explained and is understood. The registration form shall be sent to the Department without delay; and (4) inform the sex offender that if he or she crosses into another state for purposes of employment, carrying on a vocation, or being a student, the sex offender must notify the Department of the new address, and shall register with the designated law enforcement agency in the other state, if the other state has a registration requirement. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2001, No. 49, § 6, eff. Sept. 1, 2001.)
13 V.S.A. § 5408
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5408. Record of addresses; arrest warrant

§ 5408. Record of addresses; arrest warrant|The Department shall maintain a record of the addresses of all sex offenders. The record shall be updated at least every three months. At any time, if the Department is unable to verify the whereabouts and address of a sex offender subject to this subchapter, it shall immediately notify the local law enforcement agency in writing that the sex offender's whereabouts are unknown. The Department shall also send a copy of the notification to the State's Attorney of the county in which the sex offender's most recent address is located. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2005, No. 192 (Adj. Sess.), § 21, eff. May 26, 2006.)
13 V.S.A. § 5409
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5409. Penalties

§ 5409. Penalties|(a) Except as provided in subsection (b) of this section, a sex offender who knowingly fails to comply with any provision of this subchapter shall:  (1) Be imprisoned for not more than two years or fined not more than $1,000.00, or both. A sentence imposed under this subdivision shall run consecutively to any sentence being served by the sex offender at the time of sentencing. (2) For the second or subsequent offense, be imprisoned not more than three years or fined not more than $5,000.00, or both. A sentence imposed under this subdivision shall run consecutively to any sentence being served by the sex offender at the time of sentencing.   (b) A sex offender who knowingly fails to comply with any provision of this subchapter for a period of more than five consecutive days shall be imprisoned not more than five years or fined not more than $5,000.00, or both. A sentence imposed under this subsection shall run consecutively to any sentence being served by the sex offender at the time of sentencing.(c) It shall be presumed that every sex offender knows and understands his or her obligations under this subchapter.(d)(1) An affidavit by the administrator of the Sex Offender Registry that describes the failure to comply with the provisions of this subchapter shall be prima facie evidence of a violation of this subchapter.  (2) Certified records of the sex offender registry shall be admissible into evidence as business records. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2001, No. 49, § 8, eff. Sept. 1, 2001; 2005, No. 192 (Adj. Sess.), § 22, eff. May 26, 2006; 2009, No. 58, § 8.)
13 V.S.A. § 5410
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5410. Victim notification

§ 5410. Victim notification|If requested by a victim, the Department shall promptly notify the victim of the initial registration of a sex offender and any time the sex offender changes address, where such disclosure is necessary to protect the victim or the public concerning a person required to register under this subchapter. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996.)
13 V.S.A. § 5411b
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5411b. Designation of high-risk sex offender

§ 5411b. Designation of high-risk sex offender|(a) The Department of Corrections shall evaluate a sex offender for the purpose of determining whether the offender is "high-risk" as defined in section 5401 of this title. The designation of high-risk under this section is for the purpose of identifying an offender as one who should be subject to increased public access to his or her status as a sex offender and related information, including Internet access.(b) After notice and an opportunity to be heard, a sex offender who is designated as high risk shall have the right to appeal de novo to the Superior Court in accordance with Rule 75 of the Vermont Rules of Civil Procedure.(c) The Department of Corrections shall adopt rules for the administration of this section. The Department of Corrections shall not implement this section prior to the adoption of such rules.(d) The Department of Corrections shall identify those sex offenders under the supervision of the Department as of the date of passage of June 28, 2005 who are high risk and shall designate them as such no later than September 1, 2009. (Added 2003, No. 157 (Adj. Sess.), § 8, eff. March 1, 2005; amended 2005, No. 83, § 16; 2009, No. 58, § 10.)
13 V.S.A. § 5411c
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5411c. Active community notification by the Department of Public Safety, the Department of Corrections, and local law enforcement

§ 5411c. Active community notification by the Department of Public Safety, the Department of Corrections, and local law enforcement|(a) Notwithstanding other provisions to the contrary, the Department, the Department of Corrections, and any authorized local law enforcement agency are authorized to notify members of the public at their discretion about any sex offender whose information is required to be posted on the Internet in accordance with section 5411a of this title.(b) The Department, the Department of Corrections, and any authorized local law enforcement agency are authorized to notify members of the public at their discretion about a sex offender whose information is not required to be posted on the Internet in accordance with section 5411a of this title only under circumstances that constitute a compelling risk to public safety and only after consultation with the Vermont Crime Information Center and the Department of Corrections.(c) Registry information shall not be released under this section unless it is released pursuant to written protocols governing the manner and circumstances of the release developed by the Department, the Department of Corrections, or an authorized law enforcement agency. The protocols shall include consultation between the department or agency releasing the information and the department of corrections' staff member responsible for supervising the offender.(d) Active community notification regarding registered sex offenders who may pose a danger to members of the community is an important public safety tool that the General Assembly intends for authorized agencies to use at their discretion in accordance with this subchapter. (Added 2005, No. 192 (Adj. Sess.), § 27, eff. May 26, 2006.)
13 V.S.A. § 5412
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5412. Immunity

§ 5412. Immunity|The Department, the Department of Corrections, any authorized local law enforcement agency, and their employees shall be immune from liability in carrying out the provisions under this subchapter except in instances of gross negligence or willful misconduct, provided that the agencies complied with the rules adopted pursuant to this subchapter. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2003, No. 157 (Adj. Sess.), § 9; 2005, No. 83, § 14; 2005, No. 192 (Adj. Sess.), § 28, eff. May 26, 2006.)
13 V.S.A. § 5413
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5413. Expungement of records

§ 5413. Expungement of records|A person whose conviction of a sex offense is reversed and dismissed shall not be required to register for that conviction under the provisions of this subchapter and any information about that conviction contained in the Registry shall be removed and destroyed. If any information about that conviction was provided to any person or agency under subsection 5402(b) of this subchapter, that person or agency shall be notified that the conviction was reversed and shall be required to remove and destroy the information. If the person whose conviction is reversed and dismissed has more than one entry in the Registry, only the entry related to the dismissed case shall be removed and destroyed. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996.)
13 V.S.A. § 5414
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5414. Participation in national sex offender registration

§ 5414. Participation in national sex offender registration|The Department shall participate in the National Sex Offender Registry Program managed by the Federal Bureau of Investigation in accordance with guidelines issued by the U.S. Attorney General, including transmission of current address information and other information on registrants to the extent provided by the guidelines. (Added 2001, No. 49, § 11, eff. Sept. 1, 2001.)
13 V.S.A. § 5415
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5415. Enforcement; special investigation units

§ 5415. Enforcement; special investigation units|(a) Special investigation units, created pursuant to 24 V.S.A. § 1940, shall be responsible for the investigation of violations of this chapter's Registry requirements and are authorized to conduct in-person Registry compliance checks in a time, place, and manner it deems appropriate in furtherance of the purposes of this chapter. This section shall not be construed to prohibit local law enforcement from enforcing the provisions of this chapter.(b) On or before November 1, 2019, and annually thereafter, local law enforcement agencies shall report to the Vermont Crime Information Center about any in-person Registry compliance checks that the agency has conducted during the preceding 12 months. The report shall include the total number of in-person compliance checks conducted during the 12-month period, the number of offenders who were in compliance, the number of offenders who were out of compliance, and the reasons for being out of compliance.(c) The Department of Public Safety shall report to the Senate and House Committees on Judiciary on or before December 15, 2009, and annually thereafter, regarding its efforts under this section. (Added 2009, No. 1, § 16, eff. March 4, 2009; amended 2019, No. 77, § 17, eff. June 19, 2019.)
13 V.S.A. § 5416
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5416. Persons subject to erroneous Sex Offender Registry requirements; petition to correct

§ 5416. Persons subject to erroneous Sex Offender Registry requirements; petition to correct|(a) A person may petition the court for an order declaring that the person has been inadvertently subject to erroneous Sex Offender Registry requirements and directing the Department of Public Safety to correct the error. The petitioner shall provide notice of the petition to the State's Attorney or the Attorney General, who shall be the respondent in the matter.(b) A petition filed under this section shall include:  (1) the court's order issued under subdivision 5403(b)(2) of this title to comply with Sex Offender Registry requirements, if available; and (2) the factual basis for the petitioner's allegation that he or she was subject to an erroneous Sex Offender Registry requirement.   (c) The court shall grant a petition filed under this section if it finds that the petitioner has demonstrated by a preponderance of the evidence that he or she was by court order subject to an erroneous Sex Offender Registry requirement. As used in this subsection, "erroneous Sex Offender Registry requirement" includes the person's name being erroneously placed on the Sex Offender Registry or the Internet Sex Offender Registry, or the person being erroneously subject to lifetime registration under subsection 5407(f) of this title.(d) If a petition filed under this section is granted, the court shall enter an order declaring that the person had been inadvertently subject to erroneous Sex Offender Registry requirements. The court shall provide the order to the Department of Public Safety and direct the Department to take any action necessary to correct the error, including, if appropriate, removing the person's name from the Sex Offender Registry and the Internet Sex Offender Registry.(e)(1) If the court denies a petition filed under this section, no further petition shall be filed by the person with respect to the alleged error.  (2) This subsection shall not apply if the petition is based on:  (A) newly discovered evidence; (B) an expungement order issued under chapter 230 of this title; (C) a successful petition under chapter 182 of this title (innocence protection); or (D) a successful petition for postconviction relief. (Added 2015, No. 31, § 5.)
13 V.S.A. § 5421
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5421. Notice of profits from a crime

§ 5421. Notice of profits from a crime|(a) Every person, firm, corporation, partnership, association, or other legal entity that knowingly contracts for, pays, or agrees to pay any profits from a crime, as defined in subdivision 5351(8) of this title, to a person charged with or convicted of that crime shall give written notice to the Attorney General of the payment or obligation to pay as soon as is practicable after discovering that the payment is or will be a profit from a crime.(b) The Attorney General, upon receipt of notice of a contract, agreement to pay, or payment of profits of the crime shall send written notice of the existence of such profits to all known victims of the crime at their last known addresses. (Added 2009, No. 55, § 2, eff. June 1, 2009.)
13 V.S.A. § 5422
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5422. Actions to recover profits from a crime

§ 5422. Actions to recover profits from a crime|(a) Notwithstanding any other provision of law, including any statute of limitations, any crime victim shall have the right to bring a civil action in a court of competent jurisdiction to recover money damages from a person convicted of that crime, or the legal representative of that convicted person, within three years of the discovery of any profits from the crime. Any damages awarded in such action shall be recoverable only up to the value of the profits of the crime. This section shall not limit the right of a victim to proceed or recover under another cause of action.(b) The Attorney General may, within three years of the discovery of any profits from the crime, bring a civil action on behalf of the State to enforce the subrogation rights described in section 5357 of this title.(c) If the full value of any profits from the crime has not yet been claimed by either the victim of the crime or the victim's representative, the Attorney General, or both, within three years of the discovery of such profits, then the State may bring a civil action in a court of competent jurisdiction to recover the costs incurred by providing the defendant with counsel, if any, and other costs reasonably incurred or to be incurred in the incarceration of the defendant.(d) Upon the filing of an action pursuant to subsection (a) of this section, the victim shall deliver a copy of the summons and complaint to the Attorney General. Upon receipt of a copy of the summons and complaint, the Attorney General shall send written notice of the alleged existence of profits from the crime to all other known victims at their last known addresses.(e) To avoid the wasting of assets identified in the complaint as newly discovered profits of the crime, the Attorney General, acting on behalf of the plaintiff and all other victims, shall have the right to apply for all remedies that are also otherwise available to the victim. (Added 2009, No. 55, § 2, eff. June 1, 2009.)
13 V.S.A. § 5431
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5431. Definition; certification

§ 5431. Definition; certification|(a) As used in this subchapter, "SANE" means a sexual assault nurse examiner.(b) A person licensed under 26 V.S.A. chapter 28 (nursing) may obtain a specialized certification from the SANE Program as a sexual assault nurse examiner if he or she demonstrates compliance with the requirements for specialized certification as established by the SANE Board. (Added 2015, No. 38, § 12, eff. May 28, 2015; amended 2017, No. 68, § 1.)