reglab/housing_qa huggingface dataset:
13 V.S.A. § 5318
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 165 - Victims|§ 5318. Derivative rights of member of victim's family

§ 5318. Derivative rights of member of victim's family|(a) If the victim is a minor or is unable to exercise his or her rights under the provisions of this chapter, section 7006 of this title, or 28 V.S.A. § 507, a family member of the victim shall be permitted to do so in place of the victim. If more than one family member of the victim's family attempts to exercise the victim's rights, the court may designate one of them to exercise those rights based on the best interests of the victim. If no family member is able to exercise such rights, a victim's advocate or other representative may, in situations where a victim is authorized by law to address the court or Parole Board, attend and read to the court or Parole Board a written statement prepared by the victim or the victim's family member without the assistance of the prosecutor or a law enforcement officer.(b) If a victim is a minor or is incapacitated, incompetent, or deceased, a family member of the victim may exercise the rights of the victim under sections 5305, 5308-5317, and 7006 of this title; 28 V.S.A. §§ 205, 252, and 507; and 33 V.S.A. § 5233. (Added 1995, No. 170 (Adj. Sess.), § 14, eff. Sept. 1, 1996; amended 2013, No. 131 (Adj. Sess.), § 109.)
13 V.S.A. § 5319
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 165 - Victims|§ 5319. Victim not a party

§ 5319. Victim not a party|The rights of victims contained in this chapter do not entitle a victim to be a party in any proceeding, or to any procedural rights that are not specifically provided for in this chapter, including any right to request a delay or rescheduling of any proceeding. (Added 1995, No. 170 (Adj. Sess.), § 15, eff. Sept. 1, 1996.)
13 V.S.A. § 5322
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 165 - Victims|§ 5322. Confidentiality

§ 5322. Confidentiality|When responding to a request for public records, or on any State website or State payment report, the State of Vermont shall not disclose to the public the name or any other identifying information, including the town of residence or the type or purpose of the payment, of an applicant to the Victims Compensation Program, a victim named in a restitution judgment order, or a recipient of the Domestic and Sexual Violence Survivors' Transitional Employment Program. (Added 2011, No. 55, § 12.)
13 V.S.A. § 5352
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5352. Victims Compensation Board

§ 5352. Victims Compensation Board|(a) The Victims Compensation Board is established for the purpose of awarding compensation to victims of crimes and to their dependents. The Board shall consist of five members appointed by the Governor as follows: one physician licensed to practice in this State, one attorney admitted to practice in this State, one individual who is a crime victim, and two public members. Each member shall serve for a term of three years. A vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term.(b) The Board shall function independently. In order to maximize eligibility for federal reimbursement, the Center for Crime Victim Services shall coordinate the Victims Compensation Program with other programs compensating victims of crime, including offender restitution and counseling costs for victims of child sexual abuse.(c) The Board shall meet at least monthly to review and determine applications. Members of the Board are entitled to compensation and expenses as provided under 32 V.S.A. § 1010.(d) The Board shall adopt rules under 3 V.S.A. chapter 25 necessary to carry out the purposes of this chapter, including rules relating to evaluation and determination of awards under this chapter.(e) The Board may employ such staff as needed to carry out the provisions of this chapter. Staff retained by the Board shall not be considered State employees. (Added 1989, No. 214 (Adj. Sess.), § 1; amended 1991, No. 263 (Adj. Sess.), § 3; 2015, No. 97 (Adj. Sess.), § 77.)
13 V.S.A. § 5354
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5354. Review of applications

§ 5354. Review of applications|(a) The Board shall review applications to determine whether compensation should be awarded under this chapter.(b) If, in the opinion of the Board, a report by an impartial medical expert relating to the applicant's health care history, the applicant's condition after the injury or the cause of the victim's death would be of material assistance, the Board may order such an examination and report, at the Board's expense.(c) In making its determination, the board shall consider all relevant information presented to the Board. (Added 1989, No. 214 (Adj. Sess.), § 1.)
13 V.S.A. § 5355
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5355. Approval or rejection of application

§ 5355. Approval or rejection of application|(a) After review of the evidence relevant to the application for compensation, the Board shall approve the application if a preponderance of the evidence shows that as a direct result of the crime an injury occurred that resulted in a pecuniary loss to the victim or the dependent.(b) An application for assistance shall be denied if any of the following apply:  (1) The application was not made within the period of time permitted for commencing prosecution of the crime. The Board may extend the time for filing for good cause shown. (2) The victim violated a criminal law of this State that caused or contributed to the victim's injuries or death.   (c) If the Board intends to deny an application, the Board shall send the applicant written notice of the decision personally or by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition with the Board for review of its preliminary decision within 30 days of the date on which the notice is mailed. After the hearing, the Board shall affirm or reverse the preliminary denial, explaining the reasons therefor in writing.(d) The decision of the Board shall be final. (Added 1989, No. 214 (Adj. Sess.), § 1; amended 1991, No. 107, § 4.)
13 V.S.A. § 5356
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5356. Amount of compensation

§ 5356. Amount of compensation|(a) If the application is approved, the Board shall authorize cash payments, not to exceed $10,000.00, to or on behalf of the applicant, equal to the unreimbursed pecuniary loss directly resulting from the injury or death of the victim. Applications approved in any fiscal year shall not exceed funds appropriated and authorized in that fiscal year for this purpose.(b) Funds available to the Board for payments include fees collected and deposited by the court into the Victims Compensation Fund as described in section 7282 of this title and monies from inmate labor contributions from the prison industries enhancement program or from any other source.(c) The Board may reimburse health care facilities and health care providers as defined in 18 V.S.A. § 9402 at 60 percent of the billed charges for compensation claims for uninsured crime victims who do not qualify for the hospital's patient assistance program, Medicaid, or Medicare. The health care facility or health care provider shall not bill any balance to the uninsured crime victim. (Added 1989, No. 214 (Adj. Sess.), § 1; amended 1995, No. 63, § 53; 2007, No. 173 (Adj. Sess.), § 2; 2015, No. 34, § 2, eff. May 26, 2015.)
13 V.S.A. § 5357
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5357. Subrogation; lien; disposition of proceeds

§ 5357. Subrogation; lien; disposition of proceeds|The State shall be subrogated to the rights of the victim, assignee, heir, or dependent to whom cash payments are granted to the extent of the cash payments granted, less the amount of any fine imposed by the court on the perpetrator of the crime. The State shall have a lien therefor and may commence an action or intervene in any action to protect and enforce the lien. Such subrogation rights shall be against any person liable for the pecuniary loss. (Added 1989, No. 214 (Adj. Sess.), § 1; amended 2017, No. 107 (Adj. Sess.), § 1, eff. April 19, 2018.)
13 V.S.A. § 5358
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5358. Duties of law enforcement agency

§ 5358. Duties of law enforcement agency|Every law enforcement agency shall inform victims of crimes and their dependents of the provisions of this chapter and provide application forms to persons who desire to seek compensation. The Board shall provide application forms and other information which local law enforcement agencies may require to comply with this section. (Added 1989, No. 214 (Adj. Sess.), § 1.)
13 V.S.A. § 5358a
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5358a. Application information; confidentiality

§ 5358a. Application information; confidentiality|(a) All documents reviewed by the Victims Compensation Board for purposes of approving an application for compensation shall be confidential and shall not be disclosed without the consent of the victim except as provided in this section and subsection 7043(c) of this title.(b) For the purpose of requesting restitution, the amount of assistance provided by the Victims Compensation Board shall be established by copies of bills submitted to the Victims Compensation Board reflecting the amount paid by the Board and stating that the services for which payment was made were for uninsured pecuniary losses.(c) The following shall be confidential and shall be redacted by the Victims Compensation Board for any purpose including restitution: the victim's residential address, telephone number, and other contact information and the victim's Social Security number. In cases involving stalking, sexual offenses, and domestic violence, the following information shall also be confidential and shall not be disclosed by the Victims Compensation Board for any purpose, including restitution, absent a court order:  (1) the victim's employer's name, telephone number, address, or any other contact information; and (2) the victim's medical or mental health provider's name, telephone number, address, or any other contact information.   (d) Meetings of the Victims Compensation Board relating to victims compensation or offender restitution shall not be subject to the Vermont Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2. Annually, the Board shall hold an open meeting to present information and data concerning the victims compensation and offender restitution programs, including aggregate information on cases, pecuniary loss, expense reimbursement, restitution orders, profits from crimes, and nonidentifying information on the amounts of compensation awarded to victims. (Added 2011, No. 145 (Adj. Sess.), § 6, eff. May 15, 2012; amended 2019, No. 127 (Adj. Sess.), § 1.)
13 V.S.A. § 5359
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5359. Victims Compensation Special Fund

§ 5359. Victims Compensation Special Fund|(a) There is created a fund to be known as the Victims Compensation Fund. This Fund shall be administered by the Victims Compensation Board established by section 5352 of this title. The purpose of this Fund shall be to support the activities and the operating costs of the Victims Compensation Board and the Center for Crime Victim Services.(b) The Victims Compensation Fund shall consist of:  (1) Fees imposed by the court clerk and designated for deposit into the Fund pursuant to section 7282 of this title. (2) Restitution as ordered by the court pursuant to section 7043 of this title. (3) Funds received from inmate labor contribution from the prison industries enhancement program or from any other source. (4) Appropriations by the General Assembly.   (c) Balances in the Fund at the end of the fiscal year shall be carried forward and remain in the Fund. (Added 2003, No. 57, § 13a, eff. June 4, 2003; amended 2015, No. 97 (Adj. Sess.), § 78.)
13 V.S.A. § 5360
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5360. Domestic and Sexual Violence Special Fund

§ 5360. Domestic and Sexual Violence Special Fund|A Domestic and Sexual Violence Special Fund is established, to be managed in accordance with 32 V.S.A. chapter 7, subchapter 5 and administered by the Center for Crime Victim Services created in section 5361 of this title. The revenues of the Fund shall consist of that portion of the additional surcharge on penalties and fines imposed by section 7282 of this title deposited in the Domestic and Sexual Violence Special Fund and that portion of the town clerks' fee for issuing and recording civil marriage or civil union licenses in 32 V.S.A. § 1712(1) deposited in the Domestic and Sexual Violence Special Fund. The Fund may be expended by the Center for Crime Victim Services for budgeted grants to the Vermont Network against Domestic and Sexual Violence and for the Criminal Justice Training Council position dedicated to domestic violence training, pursuant to 20 V.S.A. § 2365(c). (Added 2011, No. 162 (Adj. Sess.), § E.220.1; amended 2015, No. 97 (Adj. Sess.), § 79.)
13 V.S.A. § 5361
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5361. Center for Crime Victim Services

§ 5361. Center for Crime Victim Services|(a) The Center for Crime Victim Services is created and shall be responsible for the following:  (1) strengthen and coordinate programs serving crime victims; (2) promote the rights and needs of crime victims statewide; (3) [Repealed.] (4) assist in the development and administration of other programs and services for crime victims and witnesses, as needed; (5) administer the federal Victims of Crime Act funds (VOCA); and (6) serve as a clearinghouse for information regarding victims of crime.   (b) The Center shall be governed by and attached to the Victims Compensation Board for administrative support.(c) The Board may employ such staff as necessary to carry out its responsibilities under this chapter and chapter 165 of this title. (Added 1991, No. 263 (Adj. Sess.), § 1; amended 1993, No. 88 § 2; 2003, No. 57, § 2, eff. July 1, 2004; 2015, No. 97 (Adj. Sess.), § 80.)
13 V.S.A. § 5364
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5364. Subrogation lien

§ 5364. Subrogation lien|The State shall be subrogated to the rights of the victim, assignee, heir, or dependent to whom restitution payments are made to the extent of the payments made. The State shall have a lien therefor and may commence an action or intervene in any action to protect and enforce such lien. Such subrogation rights shall be against any person liable for the pecuniary loss. (Added 2005, No. 51, § 4.)
13 V.S.A. § 5365
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5365. Access to financial records

§ 5365. Access to financial records|(a) As used in this section:  (1) "Depositor" means an owner of an account in a financial institution and includes "share account holders" of credit unions. (2) "Financial institution" means a savings and loan association, a trust company, a savings bank, an industrial bank, a banking organization, a commercial bank, or a credit union organized under the laws of this State or authorized to do business in this State. (3) "Offender" means a person who owes restitution. (4) "Restitution" means an unsatisfied obligation to pay restitution that was ordered in connection with a criminal case and about which, prior to the issuance of the order, the offender had notice and an opportunity to contest the amount owed. (5) "Restitution unit" means the State of Vermont restitution unit.   (b) Upon receipt of a duly authorized written request from the restitution unit to identify depository accounts held by an offender, a financial institution shall search its depositor records in order to identify accounts in which the offender has an ownership or beneficial interest.(c) A financial institution shall notify the restitution unit of all accounts identified in response to a request filed under subsection (b) of this section. The notification shall contain the following information, if available to the financial institution through its search procedure, for each account identified:  (1) The full name, date of birth, and address that the offender provided for himself or herself to the financial institution. (2) The offender's Social Security number. (3) The offender's account number. (4) The amount of deposits contained in the offender's account. (5) Whether the offender is the sole owner of the account.   (d) The financial institution shall not provide notice in any form to a depositor identified by the restitution unit pursuant to this section. Failure to provide notice to a depositor shall not constitute a violation of the financial institution's duty of good faith to its customers.(e) A financial institution may charge the restitution unit a fee for services provided under this section, provided that the fee shall not exceed the actual costs incurred by the financial institution.(f) The information provided to each other by the financial institution and the restitution unit pursuant to this section shall be confidential and shall be used only for the purpose of collecting unpaid restitution. (Added 2007, No. 40, § 5.)
13 V.S.A. § 5366
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5366. Delay in debt collection by health care provider

§ 5366. Delay in debt collection by health care provider|(a) When a person files a claim under this chapter, no health care provider that has been given notice of the claim shall conduct any debt collection activities relating to medical or dental treatment received by the person in connection with the claim until an award is made on the claim or until the claim is determined to be noncompensable pursuant to section 5355 of this title. The period during which the health care provider is prohibited from conducting debt collection activities under this section shall be excluded in determining the applicable limitations period for commencing an action to collect the debt.(b) As used in this section:  (1) "Debt collection activities" means repeatedly calling or writing to the claimant and threatening to turn the matter over to a debt collection agency or to an attorney for collection, enforcement, or filing of other process. The term shall not include routine billing or inquiries about the status of the claim. (2) "Health care provider" shall have the same meaning as in 18 V.S.A. § 9402. (Added 2007, No. 173 (Adj. Sess.), § 3.)
13 V.S.A. § 5402
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5402. Sex Offender Registry

§ 5402. Sex Offender Registry|(a) The Department of Public Safety shall establish and maintain a Sex Offender Registry, that shall consist of the information required to be filed under this subchapter.(b) All information contained in the Registry may be disclosed for any purpose permitted under the law of this State, including use by:  (1) local, state, and federal law enforcement agencies exclusively for lawful law enforcement activities; (2) state and federal governmental agencies for the exclusive purpose of conducting confidential background checks; (3) any employer, including a school district, who is authorized by law to request records and information from the Vermont Criminal Information Center, where such disclosure is necessary to protect the public concerning persons required to register under this subchapter. The identity of a victim of an offense that requires registration shall not be released; (4) a person identified as a sex offender in the Registry for the purpose of reviewing the accuracy of any record relating to him or her. The identity of a victim of an offense that requires registration shall not be released; and (5) probate courts for purposes of conducting checks on persons applying for changes of name under 15 V.S.A. § 811.   (c) The Departments of Corrections and of Public Safety shall adopt rules, forms and procedures under 3 V.S.A. chapter 25 to implement the provisions of this subchapter. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 1999, No. 152 (Adj. Sess.), § 78a, eff. May 29, 2000; 2001, No. 49, § 3, eff. Sept. 1, 2001; 2009, No. 58, § 13.)
13 V.S.A. § 5403
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5403. Reporting to Department of Public Safety

§ 5403. Reporting to Department of Public Safety|(a) Upon conviction and prior to sentencing, the court shall order the sex offender to provide the court with the following information, which the court shall forward to the Department forthwith:  (1) name; (2) date of birth; (3) current address; (4) Social Security number; (5) current employment; and (6) name and address of any postsecondary educational institution at which the sex offender is enrolled as a student.   (b) Within 14 days after sentencing, the court shall forward to the Department:  (1) the sex offender's conviction record, including offense, date of conviction, sentence, and any conditions of release or probation; and (2) an order issued pursuant to section 5405a of this title, on a form developed by the Court Administrator, that the defendant comply with Sex Offender Registry requirements.   (c) The Departments of Corrections and of Public Safety shall jointly develop a process for the Department of Corrections to notify the Department of Public Safety when an offender who is under Department of Corrections supervision is required to be placed on the Sex Offender Registry because of a conviction that occurred in another jurisdiction of the United States, including a state, territory, commonwealth, the District of Columbia, or military, federal, or tribal court. The report shall include the offense of which the defendant was convicted that requires the placement of his or her name on the Registry. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2003, No. 157 (Adj. Sess.), § 3; 2015, No. 31, § 2; 2017, No. 11, § 26.)