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2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5253. Powers and duties

§ 5253. Powers and duties
(a) The Defender General has the primary responsibility for providing needy persons with legal services under this chapter. He or she shall have also the duty of providing legal services to those persons in the custody of the Commissioner of Corrections. He or she may provide these services personally, through public defenders employed under subsection 5254(a) of this title, or through attorneys-at-law as provided by subsection (b) of this section. No other official or agency of the State may supervise the Defender General or assign him or her duties in addition to those prescribed by this chapter. He or she may not practice law other than in the performance of his or her duties under this chapter or engage in any other occupation, except as provided in section 5203 of this title.
(b) When necessary or appropriate, the Defender General may contract for the services of investigators or additional attorneys-at-law to provide services to needy persons covered by this chapter or to carry out any other function of the Office of Defender General provided that:
(1) the services performed shall meet the professional standards that this chapter prescribes for services performed by the Office of the Defender General;
(2) the services are subject to the supervision and control of the Defender General, except as otherwise provided in section 5205 involving contracts providing for representation in cases involving conflict of interest; and
(3) the services contracted under this subsection shall be approved by the Secretary of Administration.
(c) The Defender General shall supervise the training of all public defenders, and for this purpose he or she may establish a training course.
(d) The Defender General shall consult and cooperate with interested professional groups with respect to the causes of crime, the development of effective means for discouraging crime, the rehabilitation of convicted criminals, the administration of criminal justice, and the administration of the Office of the Defender General.
(e) The Defender General may appoint a Deputy Defender General with the approval of the Governor, remove the Deputy at his or her pleasure, and shall be responsible for the Deputy’s acts. The Deputy shall perform such duties as the Defender General shall direct, and in the absence or disability of the Defender General perform the duties of the Defender General. In case a vacancy occurs in the Office of the Defender General, the Deputy shall assume and discharge the duties of such office until the vacancy is filled. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 77, § 42; 1973, No. 266 (Adj. Sess.), § 4; 1981, No. 146 (Adj. Sess.), § 3, eff. April 8, 1982; 1987, No. 183 (Adj. Sess.), § 24.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5254. Personnel designation and expenditures

§ 5254. Personnel designation and expenditures
(a) The Defender General, Deputy Defender General, public defenders, and deputy public defenders shall be exempt from the classified State service.
(b) Clerical and office staff in the Office of the Defender General and in all local offices shall be hired by the Defender General. Clerical and office staff shall be State employees paid by the State, and shall receive those benefits and compensation available to classified State employees who are similarly situated, unless otherwise covered by the provisions of a collective bargaining agreement setting forth the terms and conditions of employment, negotiated pursuant to the provisions of 3 V.S.A. chapter 27. Clerical and office staff employed by the Office of the Defender General shall not be part of the classified service as set forth in 3 V.S.A. chapter 13.
(c) The Deputy Defender General shall be entitled to compensation at an annual rate that does not exceed an amount $500.00 less than the salary of the Defender General. The public defenders and deputy public defenders shall be entitled to compensation at annual rates not to exceed an amount $1,000.00 less than the salary of the Defender General.
(d) The Defender General is responsible for assuming expenses for his or her office and all local offices. The entirety of expenditures shall not exceed those set in the annual budget of the Office of the Defender General and such expenditures shall be subject to the provisions of 32 V.S.A. § 702. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 77, § 41; 1973, No. 266 (Adj. Sess.), § 5; 1977, No. 109, § 14; 1983, No. 88, § 15; 1987, No. 183 (Adj. Sess.), § 25; 1997, No. 92 (Adj. Sess.), §§ 6a, 8; 2015, No. 58, § E.203.1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5255. Recovery from defendant

§ 5255. Recovery from defendant
(a) The Defender General or Commissioner of Taxes, on behalf of the State, may recover reimbursement from each person who has received legal assistance or other benefit under this chapter:
(1) To which the person was not entitled;
(2) With respect to which the person was not a needy person when the person received it; or
(3) With respect to which the person has failed to make the certification required by section 5236(b) of this title;
and for which the person refuses to reimburse. Suit must be brought within six years after the date on which the aid was received.
(b) The Defender General or the Commissioner of Taxes, on behalf of the State, may recover reimbursement from each person, other than a person covered by subsection (a) of this section, who has received legal assistance under this chapter and who, on the date on which suit is brought, is financially able to reimburse the State for it according to the standards of ability to pay applicable under subdivision 5201(3), section 5231, and subsection 5238(b) of this title, but refuses to do so. Suit must be brought within three years after the date on which the benefit was received. The amount of recovery shall be equal to the average cost per case for representation supported by the budget of the Defender General for the calendar year in which legal assistance was completed as determined by the Defender General, less any reimbursement or co-payment actually paid for representation.
(c) Amounts recovered under this section shall be paid into the Public Defender Special Fund. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; 1991, No. 231 (Adj. Sess.), § 5, eff. May 28, 1992.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5256. Reports

§ 5256. Reports
The Defender General shall submit an annual report of his or her activities to the House and Senate Committees on Judiciary showing the number of persons represented under this chapter, the crimes involved, the outcome of each case, and the expenditures totaled by kind made in carrying out the responsibilities imposed by this chapter. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 2011, No. 139 (Adj. Sess.), § 13, eff. May 14, 2012.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5257. Expenses

§ 5257. Expenses
The Defender General shall be reimbursed for all reasonable expenses, including mileage and other travel expense, lodging, and subsistence, incurred in carrying out his or her responsibilities under this chapter. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5258. Audit

§ 5258. Audit
(a) In the 1995 audit and thereafter as appropriate, the auditor of accounts shall conduct an audit of the assignment of counsel to needy persons under section 5231 of this title, determination of financial need under section 5236 of this title, co-payment and reimbursement orders under section 5238 of this title and collection of reimbursements under section 5240 of this title.
(b) The audit shall evaluate compliance with statutory and legal requirements and internal controls. If noncompliance is found, the auditor shall recommend that proper corrections be made. The auditor shall recommend uniform practice by the responsible agencies and the courts throughout the State. The auditor shall report his or her findings in accordance with 32 V.S.A. § 163(5).
(c) The 1995 audit required by this section shall be funded in the amount of $5,000.00 from the special fund created under section 5239 of this title. (Added 1995, No. 21, § 5.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5259. Duty to investigate

§ 5259. Duty to investigate
(a) The Defender General shall investigate issues related to the health, safety, and welfare of inmates in correctional facilities and shall receive the cooperation of all State agencies in carrying out this duty. Issues that require an investigation by the Defender General shall, at a minimum, include:
(1) the death of an inmate;
(2) a suicide attempt that requires more than 24 hours of emergency hospitalization; and
(3) a critical incident that results in injury to an inmate from an assault, use of force, or accident in a correctional facility that requires more than 24 hours of emergency hospitalization.
(b)(1) When an incident enumerated in subdivisions (a)(1)-(3) of this section occurs, the Department of Corrections shall notify the Defender General as soon as reasonably practicable.
(2) The Commissioner shall report weekly to the Defender General regarding any critical incident that negatively impacts the health, safety, or welfare of an inmate, the conditions of confinement, or the adequacy of care provided to inmates.
(c) In carrying out the duties under this section, the Defender General:
(1) Shall be given reasonable unaccompanied access to the correctional facility and inmates and is authorized to speak with any relevant personnel from the Department of Corrections and other State agencies subject to the individual’s constitutional rights and to legitimate law enforcement concerns regarding preservation of a criminal investigation, if any.
(2) Shall be given broad access to records concerning the incident and any inmates involved in the incident. In response to a request for records from the Defender General, the Commissioner of Corrections shall provide the records promptly and no subpoena or public records request shall be required. Records subject to this section include video or audio recordings.
(d) The Defender General is authorized to protect the confidentiality of sources in the course of an investigation pursuant to this section. Work product generated in the course of representation of a client that contains confidential communication between an inmate and the Defender General shall not be discoverable and records of communications between inmates and the Defender General may be redacted.
(e) Where appropriate, the Defender General shall report to the Department of Corrections and the Joint Committee on Corrections Oversight identifying any concerns and suggested policy changes that arise from an incident that resulted in an investigation. (Added 2013, No. 110 (Adj. Sess.), § 1, eff. April 22, 2014.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5271. Offices established

§ 5271. Offices established
The Defender General may establish public defender offices to carry out his or her responsibilities under this chapter. Each public defender office shall be headed by a public defender selected by the Defender General within the limits of funds and staffing authorized by the General Assembly. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 266 (Adj. Sess.), § 6; 1981, No. 146 (Adj. Sess.), § 4, eff. April 8, 1982.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5272. Appointment; co-counsel; compensation

§ 5272. Appointment; co-counsel; compensation
Upon notification under section 5234 of this title or upon request by the person concerned, a public defender shall represent the person with respect to whom the notification is made. If the public defender assigned to the court’s jurisdiction is unable to represent the person, the court concerned shall assign an attorney to represent the person. Representation may include co-counsel or associate counsel in appropriate cases. Compensation of the appointed counsel shall be made from funds appropriated to the Office of the Defender General for the compensation of assigned counsel. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 77, § 43; 1981, No. 146 (Adj. Sess.), § 5, eff. April 8, 1982.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5273. Qualifications

§ 5273. Qualifications
(a) The Deputy Defender General and a public defender must be licensed to practice law in this State and otherwise competent to counsel and defend a person charged with crime.
(b) The Deputy Defender General and a public defender may not otherwise engage in the practice of criminal law, except as otherwise provided in section 5203 of this title. This limitation shall not apply to the assigned counsel coordinator or to attorneys providing services under contract pursuant to section 5253 of this title. (Added 1971, No 161 (Adj. Sess.), § 6, eff. date, see note; amended 1981, No. 146 (Adj. Sess.), § 6, eff. April 8, 1982; 1987, No. 183 (Adj. Sess.), § 26.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5274. Replacement

§ 5274. Replacement
At any stage, including appeal or other post-conviction proceedings, the Defender General or the court for good cause may assign a replacement attorney. The replacement attorney has the same functions with respect to the needy person as the attorney whom he or she replaces. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5275. Additional fees forbidden

§ 5275. Additional fees forbidden
A person who represents a needy person under this chapter may not receive any fee for his or her services in addition to that provided under this chapter. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5276. Reports

§ 5276. Reports
An attorney who is assigned by a court to represent a needy person under section 5272 or 5274 of this title shall report to the Defender General on his or her representation of the needy person, as prescribed by the Defender General. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5277. Use of State facilities

§ 5277. Use of State facilities
An attorney representing a person under this chapter is entitled to use any State technical services and facilities for the development or evaluation of evidence that are available to the prosecutor. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5302. Reporting to law enforcement agencies

§ 5302. Reporting to law enforcement agencies
Victims are eligible for the services set forth under this chapter only if the crime has been reported to law enforcement authorities. (Added 1985, No. 182 (Adj. Sess.), § 2, eff. Sept. 1, 1986.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5303. Legislative purpose

§ 5303. Legislative purpose
(a) The fundamental objective underlying this chapter is the protection of victims of crime. This chapter seeks to ensure that crime victims are treated with the dignity and respect they deserve while functioning in a system in which they find themselves through no fault of their own. This chapter seeks to accommodate that objective and balance crime victims’ needs and rights with criminal defendants’ rights.
(b) This chapter also seeks to reduce the financial, emotional, and physical consequences of criminal victimization, to prevent victimization by the law enforcement and criminal justice system, and to assist victims with problems that result from their victimization.
(c) Victims of crime shall be treated with courtesy and sensitivity by the court system and the State’s Attorney’s office. Those responsible should ensure that the process of criminal prosecution moves smoothly and expeditiously and, after the conclusion of a prosecution, should cooperate in an appropriate manner with victims who seek to enforce their civil rights and remedies, which cooperation may include preserving and producing evidence, documents, and testimony to the victims for use in such efforts. (Added 1985, No. 182 (Adj. Sess.), § 2, eff. Sept. 1, 1986; amended 1995, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5304. Victim Advocate Program

§ 5304. Victim Advocate Program
(a) The Department of State’s Attorneys and Sheriffs shall maintain the Victim Advocate Program. Except as otherwise provided by law, victim advocates shall provide victims the following services:
(1) Information. Victims shall be informed as to the level of protection available, procedures to be followed in order to receive applicable witness fees, the right to seek restitution as an element of the final disposition of the case, and the right to appear at sentencing in accordance with section 7006 of this title.
(2) Notification. Victims shall be notified in a timely manner when a court proceeding involving their case is scheduled to take place and when a court proceeding to which they have been summoned will not take place as scheduled. Victims shall also be notified as to the final disposition of the case and shall be notified of their right to request notification of a person’s release or escape under section 5305 of this title. Notwithstanding this subdivision, the notification rights of victims of delinquent acts are governed by 33 V.S.A. chapters 52 and 52A.
(3) Services. Victims shall be entitled to:
(A) receive support from the victim advocate and referrals for further services;
(B) information and guidance in obtaining financial assistance and minimizing loss of pay or other benefits resulting from involvement in the criminal justice process;
(C) information and guidance in documenting and preparing requests for restitution and insurance reimbursement;
(D) assistance in obtaining protection through local law enforcement agencies from harm and threats of harm arising out of their cooperation with the court system;
(E) assistance in the return of property from law enforcement agencies; and
(F) assistance and support in dealing with law enforcement agencies.
(b) A victim may decline any service provided by the Victim Advocate Program under this section. (Added 1985, No. 182 (Adj. Sess.), § 2, eff. Sept. 1, 1986; amended 1989, No. 290 (Adj. Sess.), § 2; 1991, No. 263 (Adj. Sess.), § 2; 1995, No. 170 (Adj. Sess.), § 3, eff. Sept. 1, 1996; 2015, No. 97 (Adj. Sess.), § 75; 2021, No. 160 (Adj. Sess.), § 5, eff. June 1, 2022; 2023, No. 9, § 1, eff. April 25, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5305. Information concerning release from custody

§ 5305. Information concerning release from custody
(a) Victims and affected persons shall have the right to request notification by the agency having custody of the defendant before the defendant is released, including a release on bail or conditions of release, furlough, or other community program; upon termination or discharge from probation; or whenever the defendant escapes, is recaptured, dies, or receives a pardon or commutation of sentence. Notice shall be given to the victim or affected person as expeditiously as possible at the address or telephone number provided to the agency having custody of the defendant by the person requesting notice. Any address or telephone number so provided shall be kept confidential. The prosecutor’s office shall ensure that victims are made aware of their right to notification of an offender’s scheduled release date pursuant to this section. Notwithstanding this subsection, the right to information for victims of delinquent acts is governed by 33 V.S.A. chapters 52 and 52A.
(b) If the defendant is released on conditions at arraignment, the prosecutor’s office shall inform the victim of a listed crime of the conditions of release.
(c) If requested by a victim of a listed crime, the Department of Corrections shall:
(1) at least 30 days before a parole board hearing concerning the defendant, inform the victim of the hearing and of the victim’s right to testify before the parole board or to submit a written statement for the parole board to consider; and
(2) promptly inform the victim of the decision of the parole board, including providing to the victim any conditions attached to the defendant’s release on parole. (Added 1985, No. 182 (Adj. Sess.), § 2; amended 1989, No. 290 (Adj. Sess.), § 3; 1995, No. 170 (Adj. Sess.), § 4, eff. Sept. 1, 1996; 2015, No. 155 (Adj. Sess.), § 1; 2019, No. 148 (Adj. Sess.), § 15, eff. Jan. 1, 2021; 2021, No. 160 (Adj. Sess.), § 6, eff. June 1, 2022.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5306. Victim advocates

§ 5306. Victim advocates
State’s Attorneys are authorized to hire victim advocates. Victim advocates shall provide services in accordance with job descriptions established and maintained by the Department of State’s Attorneys and Sheriffs. (Added 1985, No. 182 (Adj. Sess.), § 2, eff. Sept. 1, 1986; amended 2017, No. 81, § 10, eff. June 15, 2017; 2023, No. 9, § 2, eff. April 25, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5307. Cooperation

§ 5307. Cooperation
State’s attorneys, local law enforcement agencies, local social service agencies, and courts shall cooperate to afford victims of crimes the right and services described in this chapter; however, victim advocates shall not delegate to these agencies or to the courts the duties imposed on them under section 5304 of this title. (Added 1985, No. 182 (Adj. Sess.), § 2, eff. Sept. 1, 1986.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5308. Notice and right to be present at arraignment

§ 5308. Notice and right to be present at arraignment
If practicable the victim of a listed crime shall be given notice of the defendant’s arraignment by the law enforcement agency that issued the citation or made the arrest. The victim of a listed crime shall have the right to be present at the defendant’s arraignment. The prosecutor’s office shall inform the victim about the issues concerning bail and the prosecutor shall advise the court of the victim’s position regarding bail. (Added 1995, No. 170 (Adj. Sess.), § 6, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5309. Presence in courtroom

§ 5309. Presence in courtroom
The victim of a listed crime shall be entitled to be present during all court proceedings subject to the provisions of Rule 615 of the Vermont Rules of Evidence. (Added 1995, No. 170 (Adj. Sess.), § 7, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5310. Nondisclosure of information about victim

§ 5310. Nondisclosure of information about victim
A witness testifying in a criminal proceeding, including any discovery proceedings, shall not be compelled to disclose the victim’s residential address or place of employment on the record unless the court finds, based upon a preponderance of the evidence, that nondisclosure of the information will prejudice the defendant. (Added 1995, No. 170 (Adj. Sess.), § 8, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5311. Prompt return of property

§ 5311. Prompt return of property
A law enforcement agency holding property of any individual shall take reasonable care of the property. Upon authorization of the prosecutor, the law enforcement agency holding the property, unless it is contraband or subject to forfeiture, shall promptly notify the individual that the property is no longer needed for evidentiary purposes and may be picked up by the individual. (Added 1995, No. 170 (Adj. Sess.), § 9, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5312. Victim’s interest in speedy prosecution

§ 5312. Victim’s interest in speedy prosecution
(a) The prosecutor’s office shall make every effort to inform a victim of a listed crime of any pending motion that may substantially delay any deposition, change of plea, trial, sentencing hearing, or restitution hearing. The prosecutor shall inform the court of how the victim was notified and the victim’s position on the motion, if any. In the event the victim was not notified, the prosecutor shall inform the court why notification did not take place.
(b) If a victim of a listed crime objects to a delay, the court shall consider the victim’s objection. (Added 1995, No. 170 (Adj. Sess.), § 9a, eff. Sept. 1, 1996; amended 2007, No. 40, § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5313. Limitations on employer

§ 5313. Limitations on employer
An employer may not discharge or discipline a victim of a listed crime or a victim’s family member or representative for honoring a subpoena to testify. (Added 1995, No. 170 (Adj. Sess.), § 9b, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5314. Information from law enforcement agency

§ 5314. Information from law enforcement agency
(a) Information to all victims. After initial contact between a victim and a law enforcement agency responsible for investigating a crime, the agency shall promptly give in writing to the victim:
(1) an explanation of the victim’s rights under this chapter and chapter 167 of this title;
(2) information concerning the availability of:
(A) assistance to victims, including medical, housing, counseling, and emergency services;
(B) compensation for victims under chapter 167 of this title, and the name, street address, and telephone number of the Center for Crime Victim Services;
(C) protection for the victim, including protective court orders; and
(D) access by the victim and the defendant to records related to the case which are public under the provisions of 1 V.S.A. chapter 5, subchapter 3 (access to public records).
(b) Information to victims of listed crimes. As soon as practicable, the law enforcement agency shall use reasonable efforts to give to the victim of a listed crime, as relevant, all of the following:
(1) Information as to the accused’s identity unless inconsistent with law enforcement purposes.
(2) Information as to whether the accused has been taken into custody.
(3) The file number of the case and the name, office street address, and telephone number of the law enforcement officer currently assigned to investigate the case.
(4) The prosecutor’s name, office street address, and telephone number.
(5) An explanation that no individual is under an obligation to respond to questions that may be asked outside a courtroom or deposition.
(6) Information concerning any bail or conditions of release imposed on the defendant by a judicial officer prior to arraignment or an initial court appearance. (Added 1995, No. 170 (Adj. Sess.), § 10, eff. Sept. 1, 1996; amended 2015, No. 97 (Adj. Sess.), § 76; 2015, No. 155 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5315. Information concerning appeal or post-conviction remedies

§ 5315. Information concerning appeal or post-conviction remedies
If the defendant appeals or pursues a post-conviction remedy, the prosecutor’s office shall promptly inform the victim of a listed crime of that fact, shall explain the significance of such a proceeding and shall promptly notify the victim of the date, time, and place of any hearing and of the decision. (Added 1995, No. 170 (Adj. Sess.), § 11, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5316. Complete identification by prosecution and defense

§ 5316. Complete identification by prosecution and defense
Any individual associated with the prosecution or defense of a listed crime, including attorneys, investigators, or experts, who comes in contact with the victim or the victim’s family shall properly identify himself or herself and by whom he or she is employed. (Added 1995, No. 170 (Adj. Sess.), § 12, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5317. General requirements for information

§ 5317. General requirements for information
(a) The information required to be furnished to victims under this chapter shall be provided upon request of the victim and, unless otherwise specifically provided, may be furnished either orally or in writing.
(b) A person responsible for furnishing information may rely upon the most recent name, address, and telephone number furnished by the victim.
(c) The court, State’s Attorneys, public defenders, law enforcement agencies, and the Departments of Corrections and of Public Safety shall develop and implement an automated notification system to deliver the information required to be furnished to victims under this chapter. (Added 1995, No. 170 (Adj. Sess.), § 13, eff. Sept. 1, 1996; amended 2009, No. 154 (Adj. Sess.), § 109a.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5318. Derivative rights of member of victim’s family

§ 5318. Derivative rights of member of victim’s family
(a) If the victim is a minor or is unable to exercise his or her rights under the provisions of this chapter, section 7006 of this title, or 28 V.S.A. § 507, a family member of the victim shall be permitted to do so in place of the victim. If more than one family member of the victim’s family attempts to exercise the victim’s rights, the court may designate one of them to exercise those rights based on the best interests of the victim. If no family member is able to exercise such rights, a victim’s advocate or other representative may, in situations where a victim is authorized by law to address the court or Parole Board, attend and read to the court or Parole Board a written statement prepared by the victim or the victim’s family member without the assistance of the prosecutor or a law enforcement officer.
(b) If a victim is a minor or is incapacitated, incompetent, or deceased, a family member of the victim may exercise the rights of the victim under sections 5305, 5308-5317, and 7006 of this title; 28 V.S.A. §§ 205, 252, and 507; and 33 V.S.A. § 5233. (Added 1995, No. 170 (Adj. Sess.), § 14, eff. Sept. 1, 1996; amended 2013, No. 131 (Adj. Sess.), § 109.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5319. Victim not a party

§ 5319. Victim not a party
The rights of victims contained in this chapter do not entitle a victim to be a party in any proceeding, or to any procedural rights that are not specifically provided for in this chapter, including any right to request a delay or rescheduling of any proceeding. (Added 1995, No. 170 (Adj. Sess.), § 15, eff. Sept. 1, 1996.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 165 - Victims › § 5322. Confidentiality

§ 5322. Confidentiality
When responding to a request for public records, or on any State website or State payment report, the State of Vermont shall not disclose to the public the name or any other identifying information, including the town of residence or the type or purpose of the payment, of an applicant to the Victims Compensation Program, a victim named in a restitution judgment order, or a recipient of the Domestic and Sexual Violence Survivors’ Transitional Employment Program. (Added 2011, No. 55, § 12.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5352. Victims Compensation Board

§ 5352. Victims Compensation Board
(a) The Victims Compensation Board is established for the purpose of awarding compensation to victims of crimes and to their dependents. The Board shall consist of five members appointed by the Governor as follows: one physician licensed to practice in this State, one attorney admitted to practice in this State, one individual who is a crime victim, and two public members. Each member shall serve for a term of three years. A vacancy shall be filled in the same manner as the original appointment for the remainder of the unexpired term.
(b) The Board shall function independently. In order to maximize eligibility for federal reimbursement, the Center for Crime Victim Services shall coordinate the Victims Compensation Program with other programs compensating victims of crime, including offender restitution and counseling costs for victims of child sexual abuse.
(c) The Board shall meet at least monthly to review and determine applications. Members of the Board are entitled to compensation and expenses as provided under 32 V.S.A. § 1010.
(d) The Board shall adopt rules under 3 V.S.A. chapter 25 necessary to carry out the purposes of this chapter, including rules relating to evaluation and determination of awards under this chapter.
(e) The Board may employ such staff as needed to carry out the provisions of this chapter. Staff retained by the Board shall not be considered State employees. (Added 1989, No. 214 (Adj. Sess.), § 1; amended 1991, No. 263 (Adj. Sess.), § 3; 2015, No. 97 (Adj. Sess.), § 77.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5354. Review of applications

§ 5354. Review of applications
(a) The Board shall review applications to determine whether compensation should be awarded under this chapter.
(b) If, in the opinion of the Board, a report by an impartial medical expert relating to the applicant’s health care history, the applicant’s condition after the injury or the cause of the victim’s death would be of material assistance, the Board may order such an examination and report, at the Board’s expense.
(c) In making its determination, the board shall consider all relevant information presented to the Board. (Added 1989, No. 214 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5355. Approval or rejection of application

§ 5355. Approval or rejection of application
(a) After review of the evidence relevant to the application for compensation, the Board shall approve the application if a preponderance of the evidence shows that as a direct result of the crime an injury occurred that resulted in a pecuniary loss to the victim or the dependent.
(b) An application for assistance shall be denied if any of the following apply:
(1) The application was not made within the period of time permitted for commencing prosecution of the crime. The Board may extend the time for filing for good cause shown.
(2) The victim violated a criminal law of this State that caused or contributed to the victim’s injuries or death.
(c) If the Board intends to deny an application, the Board shall send the applicant written notice of the decision personally or by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition with the Board for review of its preliminary decision within 30 days of the date on which the notice is mailed. After the hearing, the Board shall affirm or reverse the preliminary denial, explaining the reasons therefor in writing.
(d) The decision of the Board shall be final. (Added 1989, No. 214 (Adj. Sess.), § 1; amended 1991, No. 107, § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5356. Amount of compensation

§ 5356. Amount of compensation
(a) If the application is approved, the Board shall authorize cash payments, not to exceed $10,000.00, to or on behalf of the applicant, equal to the unreimbursed pecuniary loss directly resulting from the injury or death of the victim. Applications approved in any fiscal year shall not exceed funds appropriated and authorized in that fiscal year for this purpose.
(b) Funds available to the Board for payments include fees collected and deposited by the court into the Victims Compensation Fund as described in section 7282 of this title and monies from inmate labor contributions from the prison industries enhancement program or from any other source.
(c) The Board may reimburse health care facilities and health care providers as defined in 18 V.S.A. § 9402 at 60 percent of the billed charges for compensation claims for uninsured crime victims who do not qualify for the hospital’s patient assistance program, Medicaid, or Medicare. The health care facility or health care provider shall not bill any balance to the uninsured crime victim. (Added 1989, No. 214 (Adj. Sess.), § 1; amended 1995, No. 63, § 53; 2007, No. 173 (Adj. Sess.), § 2; 2015, No. 34, § 2, eff. May 26, 2015.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5357. Subrogation; lien; disposition of proceeds

§ 5357. Subrogation; lien; disposition of proceeds
The State shall be subrogated to the rights of the victim, assignee, heir, or dependent to whom cash payments are granted to the extent of the cash payments granted, less the amount of any fine imposed by the court on the perpetrator of the crime. The State shall have a lien therefor and may commence an action or intervene in any action to protect and enforce the lien. Such subrogation rights shall be against any person liable for the pecuniary loss. (Added 1989, No. 214 (Adj. Sess.), § 1; amended 2017, No. 107 (Adj. Sess.), § 1, eff. April 19, 2018.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5358. Duties of law enforcement agency

§ 5358. Duties of law enforcement agency
Every law enforcement agency shall inform victims of crimes and their dependents of the provisions of this chapter and provide application forms to persons who desire to seek compensation. The Board shall provide application forms and other information which local law enforcement agencies may require to comply with this section. (Added 1989, No. 214 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5358a. Application information; confidentiality

§ 5358a. Application information; confidentiality
(a) All documents reviewed by the Victims Compensation Board for purposes of approving an application for compensation shall be confidential and shall not be disclosed without the consent of the victim except as provided in this section and subsection 7043(c) of this title.
(b) For the purpose of requesting restitution, the amount of assistance provided by the Victims Compensation Board shall be established by copies of bills submitted to the Victims Compensation Board reflecting the amount paid by the Board and stating that the services for which payment was made were for uninsured pecuniary losses.
(c) The following shall be confidential and shall be redacted by the Victims Compensation Board for any purpose including restitution: the victim’s residential address, telephone number, and other contact information and the victim’s Social Security number. In cases involving stalking, sexual offenses, and domestic violence, the following information shall also be confidential and shall not be disclosed by the Victims Compensation Board for any purpose, including restitution, absent a court order:
(1) the victim’s employer’s name, telephone number, address, or any other contact information; and
(2) the victim’s medical or mental health provider’s name, telephone number, address, or any other contact information.
(d) Meetings of the Victims Compensation Board relating to victims compensation or offender restitution shall not be subject to the Vermont Open Meeting Law, 1 V.S.A. chapter 5, subchapter 2. Annually, the Board shall hold an open meeting to present information and data concerning the victims compensation and offender restitution programs, including aggregate information on cases, pecuniary loss, expense reimbursement, restitution orders, profits from crimes, and nonidentifying information on the amounts of compensation awarded to victims. (Added 2011, No. 145 (Adj. Sess.), § 6, eff. May 15, 2012; amended 2019, No. 127 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5359. Victims Compensation Special Fund

§ 5359. Victims Compensation Special Fund
(a) There is created a fund to be known as the Victims Compensation Fund. This Fund shall be administered by the Victims Compensation Board established by section 5352 of this title. The purpose of this Fund shall be to support the activities and the operating costs of the Victims Compensation Board and the Center for Crime Victim Services.
(b) The Victims Compensation Fund shall consist of:
(1) Fees imposed by the court clerk and designated for deposit into the Fund pursuant to section 7282 of this title.
(2) Restitution as ordered by the court pursuant to section 7043 of this title.
(3) Funds received from inmate labor contribution from the prison industries enhancement program or from any other source.
(4) Appropriations by the General Assembly.
(c) Balances in the Fund at the end of the fiscal year shall be carried forward and remain in the Fund. (Added 2003, No. 57, § 13a, eff. June 4, 2003; amended 2015, No. 97 (Adj. Sess.), § 78.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5360. Domestic and Sexual Violence Special Fund

§ 5360. Domestic and Sexual Violence Special Fund
A Domestic and Sexual Violence Special Fund is established, to be managed in accordance with 32 V.S.A. chapter 7, subchapter 5 and administered by the Center for Crime Victim Services created in section 5361 of this title. The revenues of the Fund shall consist of that portion of the additional surcharge on penalties and fines imposed by section 7282 of this title deposited in the Domestic and Sexual Violence Special Fund and that portion of the town clerks’ fee for issuing and recording civil marriage or civil union licenses in 32 V.S.A. § 1712(1) deposited in the Domestic and Sexual Violence Special Fund. The Fund may be expended by the Center for Crime Victim Services for budgeted grants to the Vermont Network against Domestic and Sexual Violence. (Added 2011, No. 162 (Adj. Sess.), § E.220.1; amended 2015, No. 97 (Adj. Sess.), § 79; 2023, No. 74, § 5b, eff. June 19, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5361. Center for Crime Victim Services

§ 5361. Center for Crime Victim Services
(a) The Center for Crime Victim Services is created and shall be responsible for the following:
(1) strengthen and coordinate programs serving crime victims;
(2) promote the rights and needs of crime victims statewide;
(3) [Repealed.]
(4) assist in the development and administration of other programs and services for crime victims and witnesses, as needed;
(5) administer the federal Victims of Crime Act funds (VOCA); and
(6) serve as a clearinghouse for information regarding victims of crime.
(b) The Center shall be governed by and attached to the Victims Compensation Board for administrative support.
(c) The Board may employ such staff as necessary to carry out its responsibilities under this chapter and chapter 165 of this title. (Added 1991, No. 263 (Adj. Sess.), § 1; amended 1993, No. 88 § 2; 2003, No. 57, § 2, eff. July 1, 2004; 2015, No. 97 (Adj. Sess.), § 80.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5364. Subrogation lien

§ 5364. Subrogation lien
The State shall be subrogated to the rights of the victim, assignee, heir, or dependent to whom restitution payments are made to the extent of the payments made. The State shall have a lien therefor and may commence an action or intervene in any action to protect and enforce such lien. Such subrogation rights shall be against any person liable for the pecuniary loss. (Added 2005, No. 51, § 4.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 167 - Crime Victims › § 5365. Access to financial records

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