reglab/housing_qa huggingface dataset:
13 V.S.A. § 5432
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5432. SANE Board

§ 5432. SANE Board|(a) The SANE Board is created for the purpose of advising the Sexual Assault Nurse Examiners Program.(b) The SANE Board shall be composed of the following members:  (1) the Executive Director of the Vermont State Nurses Association or designee; (2) the President of the Vermont Association of Hospitals and Health Systems; (3) the Director of the Vermont Forensic Laboratory or designee; (4) the Director of the Vermont Network Against Domestic and Sexual Violence or designee; (5) an attorney with experience prosecuting sexual assault crimes, appointed by the Attorney General; (6) the Executive Director of the Vermont Center for Crime Victim Services or designee; (7) a law enforcement officer assigned to one of Vermont's special units of investigation, appointed by the Commissioner of Public Safety; (8) a law enforcement officer employed by a municipal police department, appointed by the Executive Director of the Vermont Criminal Justice Council; (9) three sexual assault nurse examiners, appointed by the Attorney General; (10) a health care provider as defined in 18 V.S.A. § 9402 whose practice includes the care of victims of sexual assault, appointed by the Commissioner of Health; (11) a pediatrician whose practice includes the care of victims of sexual assault, appointed by the Vermont Chapter of the American Academy of Pediatrics; (12) the Coordinator of the Vermont Victim Assistance Program or designee; (13) the President of the Vermont Alliance of Child Advocacy Centers or designee; (14) the Chair of the Vermont State Board of Nursing or designee; (15) the Commissioner for Children and Families or designee; and (16) the Commissioner of Health or designee.   (c) The SANE Board shall advise the SANE Program on the following:  (1) statewide program priorities; (2) training and educational requirements; (3) a standardized sexual assault protocol and kit to be used by all physicians and hospitals in this State when providing forensic examinations of victims of alleged sexual offenses; and (4) statewide policy development related to sexual assault nurse examiner programs. (Added 2015, No. 38, § 12, eff. May 28, 2015; amended 2017, No. 68, § 1.)
13 V.S.A. § 5433
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5433. SANE Program Clinical Coordinator

§ 5433. SANE Program Clinical Coordinator|A clinical coordinator position shall be funded by either the Vermont Center for Crime Victim Services or through other identified State funding options for the purpose of staffing the SANE Program. The position shall be contracted through the Vermont Network Against Domestic and Sexual Violence. The Clinical Coordinator shall consult with the SANE Board in performing the following duties:  (1) overseeing the recruitment and retention of SANEs in the State of Vermont; (2) administering a statewide educational program, including:  (A) the initial SANE certification training; (B) ongoing training to ensure currency of practice for SANEs; and (C) advanced training programs as needed;  (3) providing consultation, technical assistance, and training to SANEs and acute care hospitals regarding the standards of care for sexual assault patients; (4) providing training and outreach to criminal justice and community-based agencies as needed; (5) coordinating and managing a system for ensuring best practices; and (6) granting certifications, pursuant to section 5431 of this title, to candidates who demonstrate 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.)
13 V.S.A. § 5435
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 167 - Crime Victims|§ 5435. Access to a sexual assault nurse examiner

§ 5435. Access to a sexual assault nurse examiner|(a) On or before September 1, 2017, the Vermont Association of Hospitals and Health Systems (VAHHS) and the Vermont SANE Program shall enter into a memorandum of understanding (MOU) to ensure improved access to sexual assault nurse examiners (SANE) for victims of sexual assault in underserved regions. Improved access may include all acute care hospitals to provide patients with care from a paid employee who is also a certified sexual assault nurse examiner or access to a shared regional staffing pool that includes certified sexual assault nurse examiners.(b) The Vermont SANE Program shall develop and offer an annual training regarding standards of care and forensic evidence collection to emergency department appropriate health care providers at acute care hospitals in Vermont. Personnel who are certified sexual assault nurse examiners shall not be subject to this subsection.(c) On or before January 1, 2018, the SANE Program shall report to the General Assembly on training participation rates pursuant to subsection (b) of this section. (Added 2017, No. 68, § 1.)
13 V.S.A. § 5452
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 169 - Vermont Sentencing Commission|§ 5452. Duties

§ 5452. Duties|(a) In addition to the general responsibilities set forth in section 5451 of this title, the Commission shall:  (1) report on historical and existing sentencing practices in Vermont, including the frequency and duration of incarcerative and nonincarcerative sentences for particular offenses; (2) report on geographical sentencing disparities which result in a defendant's sentence for an offense varying substantially on the basis of the county in which it is committed; (3) propose a system of statewide discretionary sentencing ranges that take into account historical and existing sentencing practices and establish rational and consistent statewide sentencing standards; (4) review alternatives to the traditional prosecutorial model and make recommendations for alternative sentencing methods to the General Assembly; (5) review practices involving probation, parole, early or conditional release, preapproved furlough, supervised community sentence, graduated sanctions, and the awarding of sentencing credits, and make recommendations concerning such practices to the Department of Corrections and the General Assembly; (6) review developments in criminal law, including statutory modifications and judicial decisions, and make recommendations to the General Assembly when the Commission determines that legislative changes are advisable; (7) review proposed legislation and make recommendations concerning the proposals to the General Assembly; and (8) consider any other issue the Commission finds relevant to criminal sentencing and the criminal justice system.   (b) [Repealed.](c) It shall be a priority for the Sentencing Commission to develop responses to the significant impacts that increased opioid addiction has had on the criminal justice system. The Commission shall consider:  (1) whether and under what circumstances offenses committed as a result of opioid addiction should be classified as civil rather than criminal offenses; (2) whether the possession or sale of specific, lesser amounts of opioids and other regulated drugs should be classified as civil rather than criminal offenses; (3) how to maximize treatment for offenders as a response to offenses committed as a result of opioid addiction. (Added 2005, No. 192 (Adj. Sess.), § 16, eff. May 26, 2006; amended 2011, No. 139 (Adj. Sess.), § 51(d), eff. May 14, 2012; 2017, No. 142 (Adj. Sess.), § 2, eff. May 21, 2018; repealed on July 1, 2022 by 2021, No. 65, § 4.)
13 V.S.A. § 5502
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 181 - Arrest, Complaint, and Binding Over|§ 5502. Copy of process for accused

§ 5502. Copy of process for accused|When an officer does not within six hours deliver a true copy of the warrant or process by which he or she detains a person in a criminal proceeding, to a person who demands such copy and tenders the fees therefor, he or she shall forfeit to such person $200.00.
13 V.S.A. § 5503
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 181 - Arrest, Complaint, and Binding Over|§ 5503. Recognizance by complainant

§ 5503. Recognizance by complainant|A warrant to apprehend a person charged with a criminal offense shall not be granted by a district judge except on information or complaint of an informing or complaining officer, until such magistrate has taken security to his or her satisfaction, by way of recognizance to the person so charged, that the prosecutor will answer the damages if he or she does not prosecute his or her information to effect, and a minute of such recognizance shall be made as in civil causes. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 52, eff. April 9, 1974.)
13 V.S.A. § 5511
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 181 - Arrest, Complaint, and Binding Over|§ 5511. Notification of unemancipated minor's parent or guardian

§ 5511. Notification of unemancipated minor's parent or guardian|(a) A law enforcement officer who arrests an unemancipated minor shall take reasonable steps to notify, as soon as reasonably practicable, a parent or guardian of the minor:  (1) that the minor has been arrested; (2) the location where the minor is being held if still in law enforcement custody; and (3) the nature of the criminal charge against the minor.   (b) If the minor is cited to appear in court, a copy of the citation shall promptly be mailed to the last known address of a parent or guardian of the minor. (Added 1997, No. 153 (Adj. Sess.), § 2.)
13 V.S.A. § 5562
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5562. Assignment of counsel

§ 5562. Assignment of counsel|The court may appoint counsel if the petitioner is unable financially to employ counsel and may order that all necessary costs and expenses incident to the matter, including court costs, stenographic services, printing, and reasonable compensation for legal services, be paid by the State from the appropriation to the Defender General. On appeal, the Supreme Court may make a similar order. (Added 2007, No. 60, § 1.)
13 V.S.A. § 5563
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5563. Victim notification

§ 5563. Victim notification|(a) If the address of a victim of the crime that the petitioner claims to be innocent of in the petition is known, the State's Attorney or Attorney General shall give written notice of a petition under this section to the victim upon the victim's request. If the victim's current address is not known, the State's Attorney or the Attorney General shall consult with the Department of Corrections Victim Services Division to verify the victim's last known address. The notice shall be by any reasonable means to the victim's last known address and shall indicate whether the petitioner is represented by public or private counsel. Upon the victim's request, the State's Attorney or Attorney General shall give the victim notice of the time and place of any hearing on the petition and shall inform the victim of the disposition of the petition and the outcome of any hearing. If DNA testing is ordered, the State's Attorney or the Attorney General shall inform the victim whether the test results require further court hearings, the time and place of any hearings, and the outcome of the hearings.(b) The rights of victims contained in this section 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 section, including any right to request a delay or rescheduling of any proceeding. (Added 2007, No. 60, § 1.)
13 V.S.A. § 5564
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5564. Discovery

§ 5564. Discovery|(a) Upon motion by the petitioner or the State, and after providing the nonmovant with reasonable opportunity to respond to the motion, the court may permit reasonable discovery and the right to depose witnesses. The court in its discretion may delay ruling on any discovery motions until after it has determined whether to dismiss the petition pursuant to subsection 5561(d) of this section.(b) A discovery order issued pursuant to this section may include the following:  (1) The court may order the State to locate and provide the petitioner with any documents, notes, logs, or reports relating to items of physical evidence collected in connection with the case or to help the petitioner locate items of biological evidence that the State contends have been lost or destroyed. The court may further order the State to take reasonable measures to locate biological evidence that may be in its custody or to help the petitioner locate evidence that may be in the custody of a public or private hospital, public or private laboratory, or other facility. (2) If evidence has previously been subjected to DNA testing, the court may order production of laboratory reports prepared in connection with the testing and may order production of the underlying data and the laboratory notes. (3) If any DNA or other biological evidence testing was previously conducted by either the prosecution or the defense without knowledge of the other party, the court may order that the previous testing be disclosed. (4) If the court orders DNA testing under this subchapter, the court shall order the production of any laboratory reports prepared in connection with the testing and may order production of the underlying data, bench notes, or other laboratory notes. (Added 2007, No. 60, § 1.)
13 V.S.A. § 5566
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5566. Order; necessary findings; confidentiality

§ 5566. Order; necessary findings; confidentiality|(a) The court shall grant the petition and order DNA testing if it makes all of the following findings:  (1) A reasonable probability exists that the petitioner would not have been convicted or would have received a lesser sentence for the crime that the petitioner claims to be innocent of in the petition if the results of the requested DNA testing had been available to the trier of fact at the time of the original prosecution. (2) One or more of the items of evidence that the petitioner seeks to have tested is still in existence. (3) The evidence to be tested was obtained in connection with the offense that is the basis of the challenged conviction and:  (A) was not previously subjected to DNA testing; or (B) although previously subjected to DNA testing, can be subjected to additional DNA testing that provides a reasonable likelihood of significantly more probative results.  (4)(A)(i) The chain of custody of the evidence to be tested establishes that the evidence has not been tampered with, replaced, or altered in any material respect; or   (ii) if the chain of custody does not establish the integrity of the evidence, the testing itself has the potential to establish the integrity of the evidence.  (B) For purposes of this subchapter, evidence that has been in the custody of a law enforcement agency, a governmental body, or a public or private hospital shall be presumed to satisfy the chain-of-custody requirement of this subdivision.    (b) The court may designate in its order:  (1) the type of DNA analysis to be used; (2) the testing procedures to be followed; (3) the preservation of some portion of the sample for replicating the testing; (4) additional DNA testing, if the results of the initial testing are inconclusive or otherwise merit additional scientific analysis.   (c) DNA profile information from biological samples taken from any person pursuant to a petition under this subchapter shall be confidential except for use and dissemination consistent with this chapter and 20 V.S.A. chapter 113, and shall be exempt from any law requiring disclosure of information to the public. (Added 2007, No. 60, § 1.)
13 V.S.A. § 5567
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5567. Appeals

§ 5567. Appeals|An order entered on the petition may be appealed to the Vermont Supreme Court pursuant to the Rules of Appellate Procedure. (Added 2007, No. 60, § 1.)
13 V.S.A. § 5568
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5568. Choice of laboratory; payment

§ 5568. Choice of laboratory; payment|(a) If the court orders DNA testing under this subchapter, the testing shall be conducted at a facility mutually agreed upon by the petitioner and the State and approved by the court. If the parties are unable to agree, the court shall designate the testing facility and provide the parties with a reasonable opportunity to be heard on the issue.(b) The court shall impose reasonable conditions on the testing to protect the parties' interests in the integrity of the evidence and the testing process.(c)(1) The State shall bear the costs of testing performed at the state crime laboratory.  (2) Except as provided in subdivision (3) of this subsection, the court may require the petitioner or the State, or both, to pay for testing performed at a private laboratory. (3) If the State Crime Laboratory does not have the ability or resources to conduct the type of DNA testing to be performed, the State shall bear the costs of testing at a private laboratory that does have such capabilities or resources. (Added 2007, No. 60, § 1.)
13 V.S.A. § 5570
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5570. Successive petitions

§ 5570. Successive petitions|(a) The court shall not be required to entertain a second or successive petition for similar relief on behalf of the same petitioner unless it appears the petition will be assisted by the availability of more advanced DNA technology.(b) The court may entertain a second or successive petition if it determines that doing so would serve the interests of justice. (Added 2007, No. 60, § 1.)
13 V.S.A. § 5572
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5572. Right of action; procedure

§ 5572. Right of action; procedure|(a) A person convicted and imprisoned for a crime of which the person was exonerated pursuant to this chapter shall have a cause of action for damages against the State.(b) An action brought under this subchapter shall be filed in Washington County Superior Court. Notice of the action shall be served upon the Attorney General.(c) The Vermont Rules of Civil Procedure shall apply to actions brought under this subchapter, and the plaintiff shall have a right to trial by jury. The Vermont Rules of Appellate Procedure shall apply to appeals from orders and judgments issued under this subchapter.(d) The Attorney General may consider, adjust, determine, and settle any claim for damages brought against the State of Vermont under this subchapter. (Added 2007, No. 60, § 1; amended 2015, No. 133 (Adj. Sess.), § 5, eff. May 25, 2016.)
13 V.S.A. § 5573
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5573. Complaint

§ 5573. Complaint|(a) A complaint filed under this subchapter shall be supported by facts and shall allege that:  (1) the complainant has been convicted of a felony crime, been sentenced to a term of imprisonment, and served at least six months of the sentence in a correctional facility; and (2) the complainant was exonerated through the complainant's conviction being reversed or vacated, the information or indictment being dismissed, the complainant being acquitted after a second or subsequent trial, or the granting of a pardon.   (b) The court may dismiss the complaint, upon its own motion or upon motion of the State, if it determines that the complaint does not state a claim for which relief may be granted. (Added 2007, No. 60, § 1; amended 2013, No. 126 (Adj. Sess.), § 4.)
13 V.S.A. § 5575
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5575. Payment

§ 5575. Payment|(a) Any award made or compromise or settlement against the State of Vermont agreed upon by the Attorney General in response to an action brought under this subchapter shall be paid by the State Treasurer out of the treasury, and the Emergency Board shall reimburse the State Treasurer therefor from time to time.(b) If the State elects to self-insure for liability as defined in 12 V.S.A. § 5601, any award, compromise, or settlement against the State of Vermont agreed to by the Attorney General shall be paid by the Treasurer from the liability self-insurance fund.(c) To the extent that an award, settlement, or compromise is covered by a policy of liability insurance, payment will be governed by the terms of the policy. (Added 2007, No. 60, § 1.)
13 V.S.A. § 5576
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5576. Limitations

§ 5576. Limitations|(a) Except as provided in subsection (b) of this section, an action for compensation under this subchapter shall be commenced within three years after the person is exonerated pursuant to subchapter 1 of this chapter through the person's conviction being reversed or vacated, the information or indictment being dismissed, the person being acquitted after a second or subsequent trial, or through the granting of a pardon.(b)(1) If the State challenges the exoneration of a person entitled to bring an action under this subchapter, the limitations period shall not commence until the challenge is finally resolved.  (2) If a person entitled to bring an action under this subchapter is not provided the notice required by section 5577 of this title, the person shall have an additional year within which to bring the action. (Added 2007, No. 60, § 1.)
13 V.S.A. § 5577
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5577. Notice of right of action

§ 5577. Notice of right of action|(a) A copy of this subchapter shall be provided to a person by a court:  (1) exonerating a person pursuant to subchapter 1 of this chapter through vacating or reversing the person's conviction, dismissing the information or indictment, entering judgment on an acquittal after a second or subsequent trial; or (2) receiving notice of a pardon.   (b) A person receiving a copy of this subchapter pursuant to subsection (a) of this section shall be required to acknowledge its receipt in writing on a form established by the Court Administrator. The acknowledgement shall be entered on the docket by the court and shall be admissible in an action filed under this subchapter. (Added 2007, No. 60, § 1.)
13 V.S.A. § 5578
2021 Vermont Statutes|Title 13 - Crimes and Criminal Procedure|Chapter 182 - Innocence Protection|§ 5578. Applicability; retroactivity

§ 5578. Applicability; retroactivity|Notwithstanding 1 V.S.A. § 214(b), this subchapter and any amendments thereto shall apply to any exoneration that occurs on or after July 1, 2007. (Added 2015, No. 133 (Adj. Sess.), § 6, eff. May 25, 2016.)