reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7171. Collection by complaint, information, or indictment

§ 7171. Collection by complaint, information, or indictment
(a) Fines, forfeitures, and penalties incurred or imposed by statute may be recovered by complaint, information, or indictment, unless some other mode of recovery is specially provided.
(b) The Court Administrator is authorized to contract with private collection agencies for collection of penalties, fines, surcharges, court costs, and any other assessment authorized by law incurred or imposed by statute on persons who fail to pay, at or after time of judgment, after notice that failure to pay the debt will result in the debt being referred to a collection agency and that the debtor will be liable for the collection agency’s fee. The Court Administrator may agree to pay collection agencies a fee based on a fixed rate for services rendered or a percentage of the amount actually collected by such agencies and remitted to the state. The debtor shall be liable for the collection agency’s fee, in addition to the judgment amount. The collection agency shall deduct its fee from the collected amount and remit the balance to the judiciary. All collection agency fees shall be governed by the contract with the Court Administrator and shall be clearly disclosed in all notices sent by the collection agency to the debtor. (Amended 1985, No. 266 (Adj. Sess.), § 7, eff. June 4, 1986; 2007, No. 51, § 4; 2009, No. 4, § 117, eff. April 29, 2009.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7172. Liability of person fined; security; imprisonment

§ 7172. Liability of person fined; security; imprisonment
(a) A person fined for the breach of a penal law or other offense shall pay such fine or give sufficient security for the same, or shall be imprisoned by order of the court before which the trial is had, as provided in such case, or be liable to have his or her estate sold therefor.
(b) Cost of prosecution shall not be taxed against a respondent in any criminal cause. (Amended 1969, No. 131, § 5, eff. April 23, 1969.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7173. Mittimus against property of respondent

§ 7173. Mittimus against property of respondent
A mittimus issued by a court for the collection of a penalty, and fine in criminal prosecutions, in the discretion of such court, in addition to the prescribed form, may be issued against the goods, chattels, or lands of the respondent in the form in which executions are issued. Such mittimus may be levied upon the goods, chattels, or lands of the respondent, and the same sold in satisfaction thereof as in the sale of personal property or real estate upon execution. (Amended 1969, No. 131, § 6, eff. April 23, 1969.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7178. Suspension of fines

§ 7178. Suspension of fines
A Superior judge, in his or her discretion, may suspend all or any part of the fine assessed against a respondent. (Amended 1969, No. 131, § 7, eff. April 23, 1969; 1969, No. 222 (Adj. Sess.), § 4; 1973, No. 249 (Adj. Sess.), § 57, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 115.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7179. Fines not dischargeable in bankruptcy

§ 7179. Fines not dischargeable in bankruptcy
A criminal fine owed to the State shall be nondischargeable, to the maximum extent provided under 11 U.S.C. § 523, in the U.S. Bankruptcy Court and shall not be subject to a statute of limitations. (Added 2001, No. 134 (Adj. Sess.), § 4, eff. June 13, 2002; amended 2009, No. 146 (Adj. Sess.), § D3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7252. Fines and penalties payable to State

§ 7252. Fines and penalties payable to State
All fines, forfeitures, and penalties received by the District or Superior court or by the Judicial Bureau, except as provided in section 7251 of this title, shall belong and be paid to the State, except for a $12.50 administrative charge for each offense or violation where a fine or penalty is assessed. The administrative charge shall be deposited in the Court Technology Special Fund established pursuant to 4 V.S.A. § 27. (Amended 1969, No. 131, § 14, eff. April 23, 1969; 2007, No. 65, § 62.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7254. Unorganized towns and gores

§ 7254. Unorganized towns and gores
Unless otherwise disposed of by law, fines, forfeitures, and penalties imposed on a person residing in an unorganized town or gore, shall belong and be paid to the State. (Amended 1969, No. 131, § 15, eff. April 23, 1969.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7255. Exceptions where respondent committed in default of payment

§ 7255. Exceptions where respondent committed in default of payment
When the penalty is wholly or partly by fine payable to the treasurer of a county, town, or village, if the respondent is committed in default of payment, the fine shall be payable to the State, and the costs shall be paid from the State treasury as in other cases where the costs are paid by the State. (Amended 1969, No. 131, § 23, eff. April 23, 1969.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7259. Private prosecutors—Liability for and right to costs

§ 7259. Private prosecutors—Liability for and right to costs
When a person other than an informing officer, becomes a prosecutor, he or she shall enter his or her name and place of residence at the foot of the complaint, information or indictment, and shall be liable to pay costs on such prosecution, and, on conviction, may receive costs.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7260. Recognizance to respondent

§ 7260. Recognizance to respondent
The prosecutor shall, before a warrant issues for the arrest of the respondent, enter into a recognizance with surety to the respondent, conditioned to prosecute to effect, or, on failure thereof, to pay the costs adjudged to the respondent.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 223 - Fines, Costs, and Penalties › § 7262. Travel expenses

§ 7262. Travel expenses
(a) Any person extradited to the State of Vermont on the basis of one or more criminal offenses alleged to have been committed in the State of Vermont against whom all charges are subsequently dismissed, either by the State’s Attorney or the Attorney General due to insufficient evidence or by the court on the basis of the State’s failure to establish a prima facie case, may be compensated for travel-related expenses necessary to return to the place from which the person was extradited.
(b) The court shall hear the defendant’s request for travel-related expenses, as related to subsection (a) of this section, as soon as possible after dismissal and may order that such payment be made forthwith as the court in its discretion deems appropriate.
(c) Payments so ordered shall be made from the amount appropriated to the Attorney General for extraditions. (Added 1981, No. 74.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 227 - Appeals to Supreme Court › § 7401. Appeal

§ 7401. Appeal
In criminal actions or proceedings, the defendant may appeal to the Supreme Court as of right all questions of law involved in any judgment of conviction and in any other order or judgment as to which the State has appealed, provided that if the State fails to perfect or prosecute such appeal, the appeal of the defendant shall not be heard. (Amended 1973, No. 118, § 20, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 116.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 227 - Appeals to Supreme Court › § 7403. Appeal by the State

§ 7403. Appeal by the State
(a) In a prosecution for a misdemeanor, questions of law decided against the State shall be allowed and placed upon the record before final judgment. The court may pass the same to the Supreme Court before final judgment. The Supreme Court shall hear and determine the questions and render final judgment thereon, or remand the cause for further trial or other proceedings, as justice and the State of the cause may require.
(b) In a prosecution for a felony, the State shall be allowed to appeal to the Supreme Court any decision, judgment, or order dismissing an indictment or information as to one or more counts.
(c) In a prosecution for a felony, the State shall be allowed to appeal to the Supreme Court from a decision or order:
(1) granting a motion to suppress evidence;
(2) granting a motion to have confessions declared inadmissible; or
(3) granting or refusing to grant other relief where the effect is to impede seriously, although not to foreclose completely, continuation of the prosecution.
(d) In making this appeal, the attorney for the State must certify to the court that the appeal is not taken for purpose of delay and that:
(1) the evidence suppressed or declared inadmissible is substantial proof of a fact material in a proceeding; or
(2) the relief to be sought upon appeal is necessary to avoid seriously impeding such proceeding.
(e) The appeal in all cases shall be taken within seven business days after the decision, judgment, or order has been rendered. In cases where the defendant is detained for lack of bail, the defendant shall be released pending the appeal upon such conditions as the court shall order unless bail is denied as provided in the Vermont Constitution or in other pending cases. Such appeals shall take precedence on the docket over all cases and shall be assigned for hearing or argument at the earliest practicable date and expedited in every way.
(f) For purposes of this section, “prosecution for a misdemeanor” and “prosecution for a felony” shall include youthful offender proceedings filed pursuant to 33 V.S.A. chapter 52A, and the State shall have the same right of appeal in those proceedings as it has in criminal proceedings under this section. (Amended 1965, No. 194, § 10, eff. February 1, 1967; 1981, No. 223 (Adj. Sess.), § 13; 2009, No. 154 (Adj. Sess.), § 117; 2017, No. 11, § 30; 2023, No. 46, § 12, eff. June 5, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 227 - Appeals to Supreme Court › § 7405. Bail forfeited in Supreme Court

§ 7405. Bail forfeited in Supreme Court
When a respondent forfeits his or her bail after conviction in a District or Superior Court and after going at large upon bail for his or her appearance before the Supreme Court, the Supreme Court shall render judgment that the bonds are forfeited, adjudge that the respondent has waived his or her exceptions and order the cause to be remanded to the court for sentence or such further proceedings as the law requires. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7551. Imposition of bail, secured appearance bonds, and appearance bonds

§ 7551. Imposition of bail, secured appearance bonds, and appearance bonds
(a) Bonds; generally. A bond given by a person charged with a criminal offense or by a witness in a criminal prosecution under section 6605 of this title, conditioned for the appearance of the person or witness before the court in cases where the offense is punishable by fine or imprisonment, and in appealed cases, shall be taken to the Criminal Division of the Superior Court where the prosecution is pending and shall remain binding upon parties until discharged by the court or until sentencing. The person or witness shall appear at all required court proceedings.
(b) Limitation on imposition of bail, secured appearance bonds, and appearance bonds.
(1) Except as provided in subdivision (2) of this subsection, no bail, secured appearance bond, or appearance bond may be imposed:
(A) at the initial appearance of a person charged with a misdemeanor if the person was cited for the offense in accordance with Rule 3 of the Vermont Rules of Criminal Procedure; or
(B) at the initial appearance or upon the temporary release pursuant to Rule 5(b) of the Vermont Rules of Criminal Procedure of a person charged with a violation of a misdemeanor offense that is eligible for expungement pursuant to subdivision 7601(4)(A) of this title.
(2) In the event the court finds that imposing bail is necessary to mitigate the risk of flight from prosecution for a person charged with a violation of a misdemeanor offense that is eligible for expungement pursuant to subdivision 7601(4)(A) of this title, the court may impose bail in a maximum amount of $200.00.
(3) This subsection shall not be construed to restrict the court’s ability to impose conditions on such persons to reasonably mitigate the risk of flight from prosecution or to reasonably protect the public in accordance with section 7554 of this title. (Amended 2001, No. 124 (Adj. Sess.), § 1, eff. June 5, 2002; amended 2017, No. 62, § 1; 2017, No. 164 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7553. Release in cases punishable by life imprisonment

§ 7553. Release in cases punishable by life imprisonment
A person charged with an offense punishable by life imprisonment when the evidence of guilt is great may be held without bail. If the evidence of guilt is not great, the person shall be bailable in accordance with section 7554 of this title. (Added 1987, No. 102, § 1; amended 1993, No. 143 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7553a. Acts of violence; denial of release on bail

§ 7553a. Acts of violence; denial of release on bail
A person charged with an offense that is a felony, an element of which involves an act of violence against another person, may be held without bail when the evidence of guilt is great and the court finds, based upon clear and convincing evidence, that the person’s release poses a substantial threat of physical violence to any person and that no condition or combination of conditions of release will reasonably prevent the physical violence. (Added 1993, No. 143 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7553b. Right to speedy trial if bail is denied

§ 7553b. Right to speedy trial if bail is denied
(a) Except in the case of an offense punishable by death or life imprisonment, if a person is held without bail prior to trial, the trial of the person shall be commenced not more than 60 days after bail is denied.
(b) If the trial is not commenced within 60 days and the delay is not attributable to the defense, the court shall immediately schedule a bail hearing and shall set bail for the person. (Added 1993, No. 143 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7554a. Approval of fidelity companies and agents; duty of Court Administrator

§ 7554a. Approval of fidelity companies and agents; duty of Court Administrator
The Court Administrator, after consultation with the Commissioner of Financial Regulation, may approve an entity that is licensed or authorized under the provisions of 8 V.S.A. chapter 111, and any agent who is licensed under the provisions of 8 V.S.A. chapter 131, to act as a surety, or on behalf of a surety, in this State to execute a bond in the form established by the Court Administrator under subsection 7554(i) of this title, or post bail as required as a condition of release, and if so approved, the entity or agent shall not need to be approved by any court, judicial officer, or any other person. (Added 1993, No. 233 (Adj. Sess.), § 83, eff. June 21, 1994; amended 1995, No. 180 (Adj. Sess.), § 38(a); 2001, No. 124 (Adj. Sess.), § 3, eff. June 5, 2002; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7554b. Home detention program

§ 7554b. Home detention program
(a) Definition. As used in this section, “home detention” means a program of confinement and supervision that restricts a defendant to a preapproved residence continuously, except for authorized absences, and is enforced by appropriate means of surveillance and electronic monitoring by the Department of Corrections, including the use of passive electronic monitoring. The court may authorize scheduled absences such as for work, school, or treatment. Any changes in the schedule shall be solely at the discretion of the Department of Corrections. A defendant who is on home detention shall remain in the custody of the Commissioner of Corrections with conditions set by the court.
(b) Procedure. At the request of the court, the Department of Corrections, or the defendant, the status of a defendant who is detained pretrial in a correctional facility for inability to pay bail after bail has been set by the court may be reviewed by the court to determine whether the defendant is appropriate for home detention. The review shall be scheduled upon the court’s receipt of a report from the Department determining that the proposed residence is suitable for the use of electronic monitoring. A defendant held without bail pursuant to section 7553 or 7553a of this title shall not be eligible for release to the Home Detention Program on or after June 1, 2018. At arraignment or after a hearing, the court may order that the defendant be released to the Home Detention Program, provided that the court finds placing the defendant on home detention will reasonably assure his or her appearance in court when required and the proposed residence is appropriate for home detention. In making such a determination, the court shall consider:
(1) the nature of the offense with which the defendant is charged;
(2) the defendant’s prior convictions, history of violence, medical and mental health needs, history of supervision, and risk of flight; and
(3) any risk or undue burden to other persons who reside at the proposed residence or risk to third parties or to public safety that may result from such placement.
(c) Failure to comply. The Department of Corrections may revoke a defendant’s home detention status for an unauthorized absence or failure to comply with any other condition of the Program and shall return the defendant to a correctional facility.
(d) Credit for time served. A defendant shall receive credit for a sentence of imprisonment for time served in the Home Detention Program. (Added 2009, No. 146 (Adj. Sess.), § D4; amended 2017, No. 62, § 11; 2017, No. 164 (Adj. Sess.), § 7; 2023, No. 78, § E.338.1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7557. Bail upon postponement of trial

§ 7557. Bail upon postponement of trial
When a District or Superior court postpones the trial of a criminal case or the examination of a person charged with a criminal offense, the court may impose the least restrictive conditions or combination of conditions permitted under subdivision 7554(a)(1) of this title which will reasonably assure the person’s appearance before the court on the day to which the trial or examination is postponed. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 59, eff. April 9, 1974; 2001, No. 124 (Adj. Sess.), § 4, eff. June 5, 2002.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7559. Release; designation; sanctions

§ 7559. Release; designation; sanctions
(a) The officer in charge of a facility under the control of the department of corrections, county jail or a local lockup shall discharge any person held by him or her upon receipt of an order for release issued by a judicial officer pursuant to section 7554 of this title, accompanied by the full amount of any bond or cash bail fixed by the judicial officer. The officer in charge, or a person designated by the Court Administrator, shall issue a receipt for such bond or cash bail, and shall account for and turn over such bond or cash bail to the court having jurisdiction.
(b) The Court Administrator shall designate persons to set bail for any person under arrest prior to arraignment when the offense charged provides for a penalty of less than two years imprisonment or a fine of less than $1,000.00 or both. Such persons designated by the Court Administrator shall be considered judicial officers for the purposes of sections 7554 and 7556 of this title.
(c) Any person who is designated by the Court Administrator under subsection (b) of this section, may refuse the designation by so notifying the Court Administrator in writing within seven days of the designation.
(d) A person who has been released pursuant to section 7554 of this title with or without bail on condition that he or she appear at a specified time and place in connection with a prosecution for an offense and who without just cause fails to appear shall be imprisoned not more than two years or fined not more than $5,000.00, or both.
(e) The State’s Attorney may commence a prosecution for criminal contempt under Rule 42 of the Vermont Rules of Criminal Procedure against a person who violates a condition of release imposed under section 7554 of this title. The maximum penalty that may be imposed under this subsection shall be a fine of $1,000.00 or imprisonment for six months, or both. Upon commencement of a prosecution for criminal contempt, the court shall review, in accordance with section 7554 of this title, and may continue or modify conditions of release or terminate release of the person.
(f) Notwithstanding Rule 3 of the Vermont Rules of Criminal Procedure, a law enforcement officer may arrest a person without a warrant when the officer has probable cause to believe the person without just cause has failed to appear at a specified time and place in connection with a prosecution for an offense or has violated a condition of release relating to a restriction on travel or a condition of release that he or she not directly contact, harass, or cause to be harassed a victim or potential witness. (Amended 1971, No. 99; 1973, No. 118, § 21, eff. Oct. 1, 1973; 1971, No. 99; 1973, No. 118, § 21, eff. Oct. 1, 1973; 1973, No. 249 (Adj. Sess.), § 60, eff. April 9, 1974; 1981, No. 223 (Adj. Sess.), § 15; 1987, No. 102, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7560a. Failure to appear; forfeiture of bond; proceedings

§ 7560a. Failure to appear; forfeiture of bond; proceedings
(a) If a person who has been released on a secured or unsecured appearance bond or a surety bond fails to appear in court as required:
(1) The court may:
(A) issue a warrant for the arrest of the person; and
(B) upon hearing and notice thereof to the bailor or surety, forfeit any bail posted on the person.
(2)(A) The State’s Attorney may file a motion to forfeit the amount of the bond against the surety in the Civil or Criminal Division of the Superior Court where the bond was executed.
(B) A motion filed under this subdivision shall:
(i) include a copy of the bond;
(ii) state the facts upon which the motion is based; and
(iii) be served upon the surety.
(b) The surety may respond to a motion to forfeit a bond. Responses must be served within 14 days of service of the motion.
(c) Upon notice to the parties, the court shall schedule a hearing on a motion to forfeit a bond. The court shall order the surety to produce the principal at the hearing.
(d) If the court finds that the surety has violated the terms of the bond by failing to produce the principal at the hearing or at any other court appearance at which the principal was required to appear, the court shall grant the motion to forfeit the bond. The court may, on motion, or on its own motion, adjust the amount of the forfeiture and order the forfeiture of all or part of the bond amount to the State.
(e) If a surety fails to comply with a forfeiture order issued under subsection (d) of this section, the Attorney General may commence proceedings to enforce the order and collect the forfeited amount.
(f) No bond may be forfeited, in whole or in part, for violation of any condition of release other than a condition that the principal appear in court as required.
(g)(1) Service and filing under this section shall be pursuant to Rule 49 of the Vermont Rules of Criminal Procedure.
(2) Computation of time under this section shall be pursuant to Rule 45 of the Vermont Rules of Criminal Procedure. (Added 2001, No. 124 (Adj. Sess.), § 5, eff. June 5, 2002; amended 2009, No. 154 (Adj. Sess.), § 119; 2017, No. 11, § 32.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7562. Relief of bail—warrant to arrest and commit

§ 7562. Relief of bail—warrant to arrest and commit
If a surety or a person who has posted bail wishes to surrender the principal in discharge of the person’s obligations under the bond or bail agreement, the person may apply in writing to a judicial officer, as defined in subsection 7554(f) of this title, for a warrant to apprehend and detain the principal. The court shall, absent good cause shown, thereupon issue such warrant, and on detention of the principal, the person’s obligation under the bond or bail agreement shall be discharged. (Amended 2001, No. 124 (Adj. Sess.), § 6, eff. June 5, 2002.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7563. Execution of warrant; expenses

§ 7563. Execution of warrant; expenses
(a) On receipt of a warrant issued under section 7562 of this title with respect to a person charged with a criminal offense, and tender of fees provided for by law, an officer shall apprehend and detain the defendant, and leave with the officer in charge of the facility a copy of the warrant, with his or her return thereon. The expense of arrest and transport of the defendant to the facility shall be paid by the person applying for the warrant.
(b) On receipt of a warrant issued under section 7562 of this title with respect to a witness in a criminal prosecution, and tender of fees provided for by law, an officer shall apprehend the witness and deliver him or her to the court for disposition. (Amended 2001, No. 124 (Adj. Sess.), § 7, eff. June 5, 2002.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7564. Fees

§ 7564. Fees
Fees for the arrest and detention shall be the same as for the service of other process. If there is dispute about the amount of fees, it shall be submitted to the court which issued the warrant, and its decision shall be final. (Amended 2001, No. 124 (Adj. Sess.), § 8, eff. June 5, 2002.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7570. Power of court to return forfeited security

§ 7570. Power of court to return forfeited security
A surety may file a motion requesting the return of forfeited bail, bond or any other security at any time after the order of forfeiture is entered. The court shall set the motion for hearing and provide notice thereof to the surety and the state’s attorney. If the court finds the interests of justice would be served by returning all or part of the security, the court may grant the motion and return as much of the security as it deems equitable under the circumstances. (Amended 2001, No. 124 (Adj. Sess.), § 9, eff. June 5, 2002.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7573. Peace bonds

§ 7573. Peace bonds
The Criminal Division of the Superior Court may order a person who is arrested for a criminal offense to find sureties that he or she will keep the peace, when it is necessary, and may order the person detained until he or she complies. The Court Administrator shall establish a form for peace bonds that includes notification that the surety has the right to be released from the obligations under the bond upon written application to the judicial officer and detention of the defendant. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 63, eff. April 9, 1974; 2001, No. 124 (Adj. Sess.), § 10, eff. June 5, 2002; 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7574. Release in cases after conviction

§ 7574. Release in cases after conviction
Upon an adjudication of guilt, the trial judge shall review the terms and conditions of release and may terminate them or may continue or alter them pending sentence or pending notice of appeal or the expiration of the time allowed for filing notice of appeal. In making such review, the judge shall consider the factors set forth in subsection 7554(b) of this title, as well as the defendant’s conduct during the trial and the fact of conviction. Any denial of or change in the terms of release shall be reviewable in the manner provided in sections 7554 and 7556 of this title for pretrial release. (Added 1987, No. 102, § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7575. Revocation of the right to bail

§ 7575. Revocation of the right to bail
The right to bail may be revoked entirely if the judicial officer finds that the accused has:
(1) intimidated or harassed a victim, potential witness, juror, or judicial officer in violation of a condition of release; or
(2) repeatedly violated conditions of release in a manner that impedes the prosecution of the accused; or
(3) violated a condition or conditions of release that constitute a threat to the integrity of the judicial system; or
(4) without just cause, failed to appear at a specified time and place ordered by a judicial officer; or
(5) in violation of a condition of release, been charged with a felony or a crime against a person or an offense similar to the underlying charge, for which, after hearing, probable cause is found. (Added 1989, No. 293 (Adj. Sess.), § 2; amended 2017, No. 164 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 229 - Bail and Recognizances › § 7576. Definitions

§ 7576. Definitions
As used in this chapter:
(1) “Appearance bond” means a written agreement that allows a person charged with a criminal offense to be released if the person pledges to pay the court a specified amount in the event the person fails to appear at a court proceeding.
(2) “Bail” means any security, including cash, pledged to the court to ensure that a person charged with a criminal offense will appear at future court proceedings.
(3) “Clinical assessment” means the procedures, to be conducted after a client has been screened, by which a licensed or otherwise approved counselor identifies and evaluates an individual’s strengths, weaknesses, problems, and needs for the development of a treatment plan.
(4) “Needs screening” means a preliminary systematic procedure to evaluate the likelihood that an individual has a substance abuse or a mental health condition.
(5) “Risk assessment” means a pretrial assessment that is designed to be predictive of a person’s failure to appear in court and risk of violating pretrial conditions of release with a new alleged offense.
(6) “Secured appearance bond” means a written agreement which allows a person charged with a criminal offense to be released if:
(A) the person pledges to pay the court a specified amount in the event that the person fails to appear at a court proceeding; and
(B) a portion of the bond is paid to the court prior to release.
(7) “Surety” means:
(A) a person who agrees to be responsible for guaranteeing the appearance in court of a person charged with a criminal offense; or
(B) a person who agrees to be responsible for guaranteeing that another person complies with the conditions of a peace bond under section 7573 of this title.
(8) “Surety bond” means a written agreement, in a form established by the Court Administrator, under which a surety guarantees the appearance in court of a person charged with a criminal offense, and pledges to pay the court a specified amount if the person fails to appear.
(9) “Flight from prosecution” means any action or behavior undertaken by a person charged with a criminal offense to avoid court proceedings. (Added 2001, No. 124 (Adj. Sess.), § 11, eff. June 5, 2002; amended 2015, No. 12, § 1, eff. May 1, 2015; 2017, No. 164 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 230 - Expungement and Sealing of Criminal History Records › § 7601. Definitions

§ 7601. Definitions
As used in this chapter:
(1) “Court” means the Criminal Division of the Superior Court.
(2) “Criminal history record” means all information documenting an individual’s contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision.
(3) “Predicate offense” means a criminal offense that can be used to enhance a sentence levied for a later conviction and includes operating a vehicle under the influence of alcohol or other substance in violation of 23 V.S.A. § 1201, domestic assault in violation of section 1042 of this title, and stalking in violation of section 1062 of this title. “Predicate offense” shall not include misdemeanor possession of cannabis, a disorderly conduct offense under section 1026 of this title, or possession of a controlled substance in violation of 18 V.S.A. § 4230(a), 4231(a), 4232(a), 4233(a), 4234(a), 4234a(a), 4234b(a), 4235(b), or 4235a(a).
(4) “Qualifying crime” means:
(A) a misdemeanor offense that is not:
(i) a listed crime as defined in subdivision 5301(7) of this title;
(ii) an offense involving sexual exploitation of children in violation of chapter 64 of this title;
(iii) an offense involving violation of a protection order in violation of section 1030 of this title;
(iv) prostitution as defined in section 2632 of this title, or prohibited conduct under section 2601a of this title; or
(v) a predicate offense;
(B) a violation of subsection 3701(a) of this title related to criminal mischief;
(C) a violation of section 2501 of this title related to grand larceny;
(D) a violation of section 1201 of this title related to burglary, excluding any burglary into an occupied dwelling, as defined in subdivision 1201(b)(2) of this title;
(E) a violation of 18 V.S.A. § 4223 related to fraud or deceit;
(F) a violation of section 1802 of this title related to uttering a forged or counterfeited instrument;
(G) a violation of 18 V.S.A. § 4230(a) related to possession and cultivation of cannabis;
(H) a violation of 18 V.S.A. § 4231(a) related to possession of cocaine;
(I) a violation of 18 V.S.A. § 4232(a) related to possession of LSD;
(J) a violation of 18 V.S.A. § 4233(a) related to possession of heroin;
(K) a violation of 18 V.S.A. § 4234(a) related to possession of depressant, stimulant, and narcotic drugs;
(L) a violation of 18 V.S.A. § 4234a(a) related to possession of methamphetamine;
(M) a violation of 18 V.S.A. § 4234b(a) related to possession of ephedrine and pseudoephedrine;
(N) a violation of 18 V.S.A. § 4235(b) related to possession of hallucinogenic drugs;
(O) a violation of 18 V.S.A. § 4235a(a) related to possession of ecstasy; or
(P) any offense for which a person has been granted an unconditional pardon from the Governor. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2013, No. 76, § 8; 2015, No. 36, § 1, eff. May 26, 2015; 2017, No. 57, § 3; 2017, No. 83, § 161(3); 2019, No. 32, § 2; 2019, No. 167 (Adj. Sess.), § 33, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 230 - Expungement and Sealing of Criminal History Records › § 7603. Expungement and sealing of record, no conviction; procedure

§ 7603. Expungement and sealing of record, no conviction; procedure
(a) Unless either party objects in the interests of justice, the court shall issue an order sealing the criminal history record related to the citation or arrest of a person:
(1) within 60 days after the final disposition of the case if:
(A) the court does not make a determination of probable cause at the time of arraignment; or
(B) the charge is dismissed before trial without prejudice; or
(2) at any time if the prosecuting attorney and the defendant stipulate that the court may grant the petition to seal the record.
(b) If a party objects to sealing or expunging a record pursuant to this section, the court shall schedule a hearing to determine if sealing or expunging the record serves the interests of justice. The defendant and the prosecuting attorney shall be the only parties in the matter.
(c), (d) [Repealed.]
(e) Unless either party objects in the interests of justice, the court shall issue an order expunging a criminal history record related to the citation or arrest of a person:
(1) within 60 days after the final disposition of the case if:
(A) the defendant is acquitted of the charges; or
(B) the charge is dismissed with prejudice;
(2) at any time if the prosecuting attorney and the defendant stipulate that the court may grant the petition to expunge the record.
(f) Unless either party objects in the interests of justice, the court shall issue an order to expunge a record sealed pursuant to subsection (a) or (g) of this section eight years after the date on which the record was sealed.
(g) A person may file a petition with the court requesting sealing or expungement of a criminal history record related to the citation or arrest of the person at any time. The court shall grant the petition and issue an order sealing or expunging the record if it finds that sealing or expunging the record serves the interests of justice, or if the parties stipulate to sealing or expungement of the record.
(h) The court may expunge any records that were sealed pursuant to this section prior to July 1, 2018 unless the State’s Attorney’s office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subsection, the court shall provide to the State’s Attorney’s office that prosecuted the case written notice of its intent to expunge the record. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2017, No. 178 (Adj. Sess.), § 2; 2019, No. 32, § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 230 - Expungement and Sealing of Criminal History Records › § 7604. New charge

§ 7604. New charge
If a person is charged with a criminal offense after he or she has filed a petition for expungement pursuant to this chapter, the court shall not act on the petition until disposition of the new charge. (Added 2011, No. 131 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 230 - Expungement and Sealing of Criminal History Records › § 7605. Denial of petition

§ 7605. Denial of petition
If a petition for expungement is denied by the court pursuant to this chapter, no further petition shall be brought for at least two years, unless a shorter duration is authorized by the court. (Added 2011, No. 131 (Adj. Sess.), § 1; amended 2017, No. 57, § 5.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 230 - Expungement and Sealing of Criminal History Records › § 7608. Victims

§ 7608. Victims
(a) At the time a petition is filed pursuant to this chapter, the respondent shall give notice of the petition to any victim of the offense who is known to the respondent. The victim shall have the right to offer the respondent a statement prior to any stipulation or to offer the court a statement. The disposition of the petition shall not be unnecessarily delayed pending receipt of a victim’s statement. The respondent’s inability to locate a victim after a reasonable effort has been made shall not be a bar to granting a petition.
(b) As used in this section, “reasonable effort” means attempting to contact the victim by first-class mail at the victim’s last known address and by telephone at the victim’s last known phone number. (Added 2011, No. 131 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 230 - Expungement and Sealing of Criminal History Records › § 7609. Expungement of criminal history records of an individual 18-21 years of age

§ 7609. Expungement of criminal history records of an individual 18-21 years of age
(a) Procedure. Except as provided in subsection (b) of this section, the record of the criminal proceedings for an individual who was 18-21 years of age at the time the individual committed a qualifying crime shall be expunged within 30 days after the date on which the individual successfully completed the terms and conditions of the sentence for the conviction of the qualifying crime, absent a finding of good cause by the court. The court shall issue an order to expunge all records and files related to the arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation related to the sentence. A copy of the order shall be sent to each agency, department, or official named in the order. Thereafter, the court, law enforcement officers, agencies, and departments shall reply to any request for information that no record exists with respect to such individual. Notwithstanding this subsection, the record shall not be expunged until restitution and surcharges have been paid in full, provided that payment of surcharges shall not be required if the surcharges have been waived by the court pursuant to section 7282 of this title.
(b) Exceptions.
(1) A criminal record that includes both qualifying and nonqualifying offenses shall not be eligible for expungement pursuant to this section.
(2) The Vermont Crime Information Center shall retain a special index of sentences for sex offenses that require registration pursuant to chapter 167, subchapter 3 of this title. This index shall only list the name and date of birth of the subject of the expunged files and records, the offense for which the subject was convicted, and the docket number of the proceeding that was the subject of the expungement. The special index shall be confidential and shall be accessed only by the Director of the Vermont Crime Information Center and an individual designated for the purpose of providing information to the Department of Corrections in the preparation of a presentence investigation in accordance with 28 V.S.A. §§ 204 and 204a.
(c) Petitions. An individual who was 18-21 years of age at the time the individual committed a qualifying crime may file a petition with the court requesting expungement of the criminal history record related to the qualifying crime after 30 days have elapsed since the individual completed the terms and conditions for the sentence for the qualifying crime. The court shall grant the petition and issue an order sealing or expunging the record if it finds that sealing or expunging the record serves the interests of justice. (Added 2017, No. 201 (Adj. Sess.), § 2; amended 2019, No. 167 (Adj. Sess.), § 14, eff. Oct. 7, 2020.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 230 - Expungement and Sealing of Criminal History Records › § 7610. Criminal history record sealing special fund

§ 7610. Criminal history record sealing special fund
There is established the Criminal History Record Sealing Special Fund, which shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. Fees collected pursuant to 32 V.S.A. § 1431(e) for the filing of a petition to seal a criminal history record of a violation of 23 V.S.A. § 1201(a) shall be deposited into and credited to this Fund. This Fund shall be available to the Office of the Court Administrator, the Department of State’s Attorneys and Sheriffs, the Department of Motor Vehicles, and the Vermont Crime Information Center to offset the administrative costs of sealing such records. Balances in the Fund at the end of the fiscal year shall be carried forward and remain in the Fund. (Added 2019, No. 32, § 7.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 230 - Expungement and Sealing of Criminal History Records › § 7611. Unauthorized disclosure

§ 7611. Unauthorized disclosure
A State or municipal employee or contractor or any agent of the court, including an attorney and an employee or contractor of the attorney, who knowingly accesses or discloses sealed criminal history record information without authorization shall be assessed a civil penalty of not more than $1,000.00. Each unauthorized disclosure shall constitute a separate civil violation. (Added 2021, No. 147 (Adj. Sess.), § 6, eff. May 31, 2022.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8001. Short title

§ 8001. Short title
This chapter may be cited as the Uniform Collateral Consequences of Conviction Act. (Added 2013, No. 181 (Adj. Sess.), § 1, eff. Jan. 1, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 231 - Uniform Collateral Consequences of Conviction › § 8002. Definitions

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