reglab/statecodes huggingface dataset:
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)