reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 87 - Computer Crimes › § 4103. Access to computer for fraudulent purposes

§ 4103. Access to computer for fraudulent purposes
(a) A person shall not intentionally and without lawful authority access or cause to be accessed any computer, computer system, or computer network for any of the following purposes:
(1) executing any scheme or artifice to defraud;
(2) obtaining money, property, or services by means of false or fraudulent pretenses, representations, or promises; or
(3) in connection with any scheme or artifice to defraud, damaging, destroying, altering, deleting, copying, retrieving, interfering with or denial of access to, or removing any program or data contained therein.
(b) Penalties. A person convicted of the crime of access to computer for fraudulent purposes shall be:
(1) if the value of the matter involved does not exceed $500.00, imprisoned not more than one year or fined not more than $500.00, or both;
(2) if the value of the matter involved does not exceed $500.00, for a second or subsequent offense, imprisoned not more than two years or fined not more than $1,000.00, or both; or
(3) if the value of the matter involved exceeds $500.00, imprisoned not more than 10 years or fined not more than $10,000.00, or both. (Added 1999, No. 35, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 87 - Computer Crimes › § 4104. Alteration, damage, or interference

§ 4104. Alteration, damage, or interference
(a) A person shall not intentionally and without lawful authority, alter, damage, or interfere with the operation of any computer, computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.
(b) Penalties. A person convicted of violating this section shall be:
(1) if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more than one year or fined not more than $5,000.00, or both;
(2) if the damage or loss does not exceed $500.00 for a second or subsequent offense, imprisoned not more than two years or fined not more than $10,000.00, or both; or
(3) if the damage or loss exceeds $500.00, imprisoned not more than 10 years or fined not more than $25,000.00, or both. (Added 1999, No. 35, § 1; amended 2013, No. 199 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 87 - Computer Crimes › § 4105. Theft or destruction

§ 4105. Theft or destruction
(a)(1) A person shall not intentionally and without claim of right deprive the owner of possession, take, transfer, copy, conceal, or retain possession of, or intentionally and without lawful authority, destroy any computer system, computer network, computer software, computer program, or data contained in such computer, computer system, computer program, or computer network.
(2) Copying a commercially available computer program or computer software is not a crime under this section, provided that the computer program and computer software has a retail value of $500.00 or less and is not copied for resale.
(b) Penalties. A person convicted of violating this section shall be:
(1) if the damage or loss does not exceed $500.00 for a first offense, imprisoned not more than one year or fined not more than $5,000.00, or both;
(2) if the damage or loss does not exceed $500.00 for a second or subsequent offense, imprisoned not more than two years or fined not more than $10,000.00, or both; or
(3) if the damage or loss exceeds $500.00, imprisoned not more than 10 years or fined not more than $25,000.00, or both. (Added 1999, No. 35, § 1; amended 2013, No. 199 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 87 - Computer Crimes › § 4106. Civil liability

§ 4106. Civil liability
A person damaged as a result of a violation of this chapter may bring a civil action against the violator for damages, costs, and fees, including reasonable attorney’s fees, and such other relief as the court deems appropriate. (Added 1999, No. 35, § 1; amended 2013, No. 199 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 87 - Computer Crimes › § 4107. Venue

§ 4107. Venue
For the purposes of venue under this chapter, any violation of this chapter shall be considered to have been committed in the State of Vermont if the State of Vermont is the state from which or to which any use of a computer or computer network was made, whether by wires, electromagnetic waves, microwaves, or any other means of communication. (Added 1999, No. 35, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 151 - Limitation of Prosecutions and Actions › § 4501. Limitation of prosecutions for certain crimes

§ 4501. Limitation of prosecutions for certain crimes
(a) Prosecutions for aggravated sexual assault, aggravated sexual assault of a child, sexual assault, sexual exploitation of a minor as defined in subsection 3258(c) of this title, human trafficking, aggravated human trafficking, murder, manslaughter, arson causing death, and kidnapping may be commenced at any time after the commission of the offense.
(b) Prosecutions for lewd and lascivious conduct, sexual abuse of a vulnerable adult under subsection 1379(a) of this title, grand larceny, robbery, burglary, embezzlement, forgery, bribery offenses, false claims, fraud under 33 V.S.A. § 141(d), and felony tax offenses shall be commenced within six years after the commission of the offense, and not after.
(c) Prosecutions for any of the following offenses shall be commenced within 40 years after the commission of the offense, and not after:
(1) lewd and lascivious conduct alleged to have been committed against a child under 18 years of age;
(2) maiming;
(3) lewd or lascivious conduct with a child;
(4) sexual exploitation of children under chapter 64 of this title; and
(5) sexual abuse of a vulnerable adult under subsection 1379(b) of this title.
(d) Prosecutions for arson and first degree aggravated domestic assault shall be commenced within 11 years after the commission of the offense, and not after.
(e) Prosecutions for other felonies and for misdemeanors shall be commenced within three years after the commission of the offense, and not after. (Amended 1981, No. 52, § 1; 1981, No. 223 (Adj. Sess.), § 11; 1985, No. 82, § 4; 1987, No. 48, § 7; 1989, No. 292 (Adj. Sess.), § 1; 1993, No. 163 (Adj. Sess.), § 1; 1995, No. 27, § 1; 2009, No. 58, § 15; 2011, No. 6, § 1; 2011, No. 55, § 4; 2013, No. 62, § 1, eff. June 3, 2013; 2013, No. 170 (Adj. Sess.), § 7, eff. Sept. 1, 2014; 2017, No. 44, § 5; 2019, No. 39, § 1, eff. May 30, 2019.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 151 - Limitation of Prosecutions and Actions › § 4503. Proceedings begun after time limitation

§ 4503. Proceedings begun after time limitation
(a) If a prosecution for a felony or misdemeanor, other than arson and murder, is commenced after the time limited by section 4501 or 4502 of this title, such proceedings shall be void.
(b) If a defendant knowingly and voluntarily waives the statute of limitations in writing and with the consent of the prosecution, the court shall have jurisdiction over the offense and the proceedings shall be valid. (Amended 2009, No. 99 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 151 - Limitation of Prosecutions and Actions › § 4504. Limitation on actions for penalty—Accruing to prosecutor

§ 4504. Limitation on actions for penalty—Accruing to prosecutor
Actions upon a statute for a penalty or forfeiture given in whole or in part to a person who prosecutes for the same, shall be commenced within one year after the commission of the offense, and not after.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 151 - Limitation of Prosecutions and Actions › § 4505. Penalty accruing to State, county, or town

§ 4505. Penalty accruing to State, county, or town
Actions founded upon a statute for a penalty or forfeiture given in whole or in part to the State, county, or town shall be commenced within two years after the commission of the offense, and not after, unless otherwise provided.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 151 - Limitation of Prosecutions and Actions › § 4506. Penalty accruing to party aggrieved

§ 4506. Penalty accruing to party aggrieved
Actions upon a statute for a penalty or forfeiture given in whole or in part to the party aggrieved shall be commenced within four years after the commission of the offense, and not after.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 151 - Limitation of Prosecutions and Actions › § 4507. Prosecutions limited by other statutes

§ 4507. Prosecutions limited by other statutes
Sections 4501-4506 of this title shall not apply to an action, complaint, information, or indictment limited by a statute to be commenced within a shorter or longer time than is prescribed in such sections.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 151 - Limitation of Prosecutions and Actions › § 4508. When prosecution deemed commenced

§ 4508. When prosecution deemed commenced
For the purpose of determining whether a period of limitation prescribed by law has run, a prosecution for a felony or misdemeanor shall be deemed commenced upon the occurrence of the earliest of the following events:
(1) the arrest of the defendant without warrant;
(2) the issuance to him or her by a law enforcement or prosecuting officer of a citation to appear; or
(3) the presentation of an information or indictment to a judicial officer for the purpose of obtaining a summons or arrest warrant. (Amended 1973, No. 118, § 6, eff. Oct. 1, 1973.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 151 - Limitation of Prosecutions and Actions › § 4511. Actions against moneyed corporations for penalty

§ 4511. Actions against moneyed corporations for penalty
The provisions of this chapter shall not apply to actions against moneyed corporations or against the directors or stockholders thereof, to recover a penalty or forfeiture imposed or to enforce a liability created by the act of incorporation or other law. Such actions shall be brought by the aggrieved party within six years after the discovery of the facts upon which the penalty or forfeiture attached or by which the liability was created.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 153 - Place of Trial › § 4601. General rule

§ 4601. General rule
When not otherwise provided, criminal causes shall be tried in the Criminal Division of the Superior Court in the unit where an offense within the jurisdiction of such court is committed. (Amended 1973, No. 118, § 7, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 101.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 153 - Place of Trial › § 4602. When act in one county or unit causes death in another

§ 4602. When act in one county or unit causes death in another
A person feloniously wounding or poisoning a person in one unit of the Criminal Division of the Superior Court, whose death results therefrom in another unit, may be tried in the Criminal Division of the Superior Court in either unit, if the offense is within the jurisdiction of such court. (Amended 1973, No. 118, § 8, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 1, 1974; 2009, No. 154 (Adj. Sess.), § 101a.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 153 - Place of Trial › § 4603. Offense on boundary

§ 4603. Offense on boundary
If an offense is committed on the boundary of two or more units of the Superior Court, or within 100 rods of such boundary, such offense may be alleged in the information or indictment to have been committed and may be prosecuted in the Criminal Division of the Superior Court in any of such counties or in the Criminal Division of the Superior Court in any of such units, if the offense is within the jurisdiction of such court. (Amended 1973, No. 118, § 9, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 101b.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 153 - Place of Trial › § 4631. Authority

§ 4631. Authority
The Supreme Court may by rule provide for change of venue in criminal prosecutions upon motion, for the prevention of prejudice to the defendant or for the convenience of parties and witnesses and in the interests of justice. The court to which a prosecution is transferred shall thereby have jurisdiction of the cause, and the same proceedings shall be had therein as though the venue had not been changed. (Amended 1969, No. 22, § 1; 1973, No. 118, § 10, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 102.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 153 - Place of Trial › § 4635. Order for removal of defendant

§ 4635. Order for removal of defendant
When a motion for change of venue has been granted and the defendant is in custody, the judge granting the motion shall issue an order in writing to the officer having the defendant in custody, commanding him or her to deliver the defendant to the keeper of the jail serving the unit in which the further proceedings are ordered to be had. (Amended 1969, No. 22, § 4; 1973, No. 118, § 11, eff. Oct. 1, 1973; 2009, No. 154 (Adj. Sess.), § 103.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 153 - Place of Trial › § 4636. Service and return

§ 4636. Service and return
The officer having the defendant in custody shall forthwith remove and deliver him or her as directed in the order, leave a copy of the same with his or her return indorsed thereon with the keeper of the jail to which the defendant is committed and return the original order with his or her return indorsed thereon to the clerk of the court in which the defendant was informed against or indicted. (Amended 1969, No. 22, § 5; 1973, No. 118, § 12, eff. Oct. 1, 1973.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 153 - Place of Trial › § 4638. Which State’s Attorney to prosecute

§ 4638. Which State’s Attorney to prosecute
The State’s Attorney of the county in which the respondent is informed or complained against or indicted shall appear in behalf of the State in the court to which the case is removed, and in proceedings relating thereto he or she shall have the same powers and be subject to the same duties and liabilities as though the trial were had in the county for which he or she is the attorney. (Amended 1969, No. 22, § 7; 2009, No. 154 (Adj. Sess.), § 104.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 155 - Search Warrants › § 4701. Issuance of search warrants for code violations

§ 4701. Issuance of search warrants for code violations
A district judge may issue a warrant to any law enforcement officer or official inspector for searching in the daytime a dwelling house or other premises for violations of local codes or ordinances. (Amended 1969, No. 210 (Adj. Sess.), § 1, eff. March 4, 1970; 1973, No. 118, § 13, eff. Oct. 1, 1973; 1973, No. 249 (Adj. Sess.), § 49, eff. April 9, 1974.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 155 - Search Warrants › § 4702. Affidavit

§ 4702. Affidavit
A search warrant shall not be granted pursuant to section 4701 of this title except upon the oath of a law enforcement officer or official inspector that he or she has reason to suspect and does suspect that the premises are in violation of a local code or ordinance. (Amended 1969, No. 210 (Adj. Sess.), § 2, eff. March 24, 1970; 1973, No. 118, § 14, eff. Oct. 1, 1973.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 155 - Search Warrants › § 4703. Payment of fees

§ 4703. Payment of fees
When the State’s Attorney of a county in which a search is to be made applies for a search warrant or certifies in writing on the warrant that the search ought to be made, the fees for such warrant and the service thereof shall be paid by the State. (Amended 1973, No. 118, § 15, eff. Oct. 1, 1973; 2017, No. 93 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 157 - Insanity as a Defense › § 4801. Test of insanity in criminal cases

§ 4801. Test of insanity in criminal cases
(a) The test when used as a defense in criminal cases shall be as follows:
(1) A person is not responsible for criminal conduct if at the time of such conduct as a result of mental disease or defect the person lacks adequate capacity either to appreciate the criminality of the person’s conduct or to conform the person’s conduct to the requirements of law.
(2) The terms “mental disease or defect” do not include an abnormality manifested only by repeated criminal or otherwise antisocial conduct. The terms “mental disease or defect” includes congenital and traumatic mental conditions as well as disease.
(b) The defendant shall have the burden of proof in establishing insanity as an affirmative defense by a preponderance of the evidence. The defendant shall be responsible for hiring the defendant’s own forensic evaluator for the purpose of establishing insanity, provided that the Office of the Defender General shall pay for the evaluation of an indigent defendant. (Amended 1983, No. 75; 2023, No. 28, § 1, eff. July 1, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 157 - Insanity as a Defense › § 4814. Order for examination of competency

§ 4814. Order for examination of competency
(a) Any court before which a criminal prosecution is pending may order the Department of Mental Health to have the defendant examined by a psychiatrist at any time before, during, or after trial, and before final judgment in any of the following cases:
(1) [Repealed.]
(2) when the defendant, the State, or an attorney, guardian, or other person acting on behalf of the defendant raises before such court the issue of whether the defendant is mentally competent to stand trial for the alleged offense; or
(3) [Repealed.]
(4) when the court believes that there is doubt as to the defendant’s mental competency to be tried for the alleged offense.
(b) The order may be issued by the court on its own motion or on motion of the State, the defendant, or an attorney, guardian, or other person acting on behalf of the defendant.
(c) An order issued pursuant to this section or Rule 16.1 of the Vermont Rules of Criminal Procedure shall order the release of all relevant records to the examiner, including all juvenile and adult court, mental health, and other health records.
(d) Notwithstanding any other provision of law, an examination ordered pursuant to subsection (a) of this section may be conducted by a doctoral-level psychologist trained in forensic psychology and licensed under 26 V.S.A. chapter 55. This subsection shall be repealed on July 1, 2024.
(e) After an initial competency determination, a court may order subsequent evaluations of a defendant to be performed by the Department of Mental Health only upon a showing of changed circumstances. In determining whether to order subsequent evaluations, the court shall consider a treating physician’s clinical evidence, if any, indicating that the defendant’s competency may have changed. This section shall not limit the parties’ abilities to secure their own evaluations voluntarily or under Vermont Rule of Criminal Procedure 16.1.
(f) The court may issue a warrant for the arrest of a defendant who, after receiving notice of an evaluation ordered under this section, fails to appear for the evaluation. (Added 1969, No. 20, § 1; amended 1973, No. 118, § 16, eff. Oct. 1, 1973; 1991, No. 231 (Adj. Sess.), § 6; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 19; 2007, No. 15, § 22; 2023, No. 28, § 2, eff. July 1, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 157 - Insanity as a Defense › § 4816. Scope of examination; report; evidence

§ 4816. Scope of examination; report; evidence
(a) Examinations provided for in section 4815 of this title shall have reference to the mental competency of the person examined to stand trial for the alleged offense.
(b) A competency evaluation for an individual thought to have a developmental disability shall include a current evaluation by a psychologist skilled in assessing individuals with developmental disabilities.
(c) As soon as practicable after the examination has been completed, the examining psychiatrist or, if applicable under subsection (b) of this section, the psychologist shall prepare a report containing findings in regard to the applicable provisions of subsection (a) of this section. The report shall be transmitted to the court issuing the order for examination, and copies of the report sent to the State’s Attorney, to the respondent, to the respondent’s attorney if the respondent is represented by counsel, to the Commissioner of Mental Health, and, if applicable, to the Department of Disabilities, Aging, and Independent Living.
(d) No statement made in the course of the examination by the person examined, whether or not the person has consented to the examination, shall be admitted as evidence in any criminal proceeding for the purpose of proving the commission of a criminal offense or for the purpose of impeaching testimony of the person examined.
(e) The relevant portion of a psychiatrist’s report shall be admitted into evidence as an exhibit on the issue of the person’s mental competency to stand trial and the opinion shall be conclusive on the issue if agreed to by the parties and if found by the court to be relevant and probative on the issue.
(f) Introduction of a report under subsection (d) of this section shall not preclude either party or the court from calling the psychiatrist who wrote the report as a witness or from calling witnesses or introducing other relevant evidence. Any witness called by either party on the issue of the defendant’s competency shall be at the State’s expense, or, if called by the court, at the court’s expense. (Added 1969, No. 20, § 3; amended 1995, No. 134 (Adj. Sess.), § 2; 2009, No. 146 (Adj. Sess.), § C25a; 2009, No. 156 (Adj. Sess.), § F.6; 2021, No. 57, § 1; 2023, No. 28, § 4, eff. July 1, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 157 - Insanity as a Defense › § 4817. Competency to stand trial; determination

§ 4817. Competency to stand trial; determination
(a) A defendant shall be presumed to be competent and shall have the burden of proving incompetency by a preponderance of the evidence.
(b) A person shall not be tried for a criminal offense if the person is found incompetent to stand trial by a preponderance of the evidence.
(c) If a person indicted, complained, or informed against for an alleged criminal offense, an attorney or guardian acting in the person’s behalf, or the State, at any time before final judgment, raises before the court before which such person is tried or is to be tried, the issue of whether such person is incompetent to stand trial, or if the court has reason to believe that such person may not be competent to stand trial, a hearing shall be held before such court at which evidence shall be received and a finding made regarding the person’s competency to stand trial. However, in cases where the court has reason to believe that such person may be incompetent to stand trial due to a mental disease or mental defect, such hearing shall not be held until an examination has been made and a report submitted by an examining psychiatrist in accordance with sections 4814–4816 of this title.
(d) A person who has been found incompetent to stand trial for an alleged offense may be tried for that offense if, upon subsequent hearing, such person is found by the court having jurisdiction of the person’s trial for the offense to have become competent to stand trial. (Added 1969, No. 20, § 4; amended 2023, No. 28, § 5, eff. July 1, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 157 - Insanity as a Defense › § 4818. Failure to indict by reason of insanity

§ 4818. Failure to indict by reason of insanity
When a grand jury before which an indictment is heard returns the indictment as not found by reason of insanity of the person so charged at the time of the alleged offense, the grand jury shall so certify to the court. (Added 1969, No. 20, § 5.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 157 - Insanity as a Defense › § 4819. Acquittal by reason of insanity

§ 4819. Acquittal by reason of insanity
When a person tried on information, complaint, or indictment is acquitted by a jury by reason of insanity at the time of the alleged offense, the jury shall state in its verdict of not guilty that the same is given for such cause. (Added 1969, No. 20, § 6.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 157 - Insanity as a Defense › § 4820. Hearing regarding commitment

§ 4820. Hearing regarding commitment
(a) When a person charged on information, complaint, or indictment with a criminal offense:
(1) [Repealed.]
(2) is found upon hearing pursuant to section 4817 of this title to be incompetent to stand trial due to a mental disease or mental defect;
(3) is not indicted upon hearing by grand jury by reason of insanity at the time of the alleged offense, duly certified to the court; or
(4) upon trial by court or jury is acquitted by reason of insanity at the time of the alleged offense; the court before which such person is tried or is to be tried for such offense, shall hold a hearing for the purpose of determining whether such person should be committed to the custody of the Commissioner of Mental Health. Such person may be confined in jail or some other suitable place by order of the court pending hearing for a period not exceeding 21 days.
(b) When a person is found to be incompetent to stand trial, has not been indicted by reason of insanity for the alleged offense, or has been acquitted by reason of insanity at the time of the alleged offense, the person shall be entitled to have counsel appointed from Vermont Legal Aid to represent the person. The Department of Mental Health and, if applicable, the Department of Disabilities, Aging, and Independent Living shall be entitled to appear and call witnesses at the proceeding.
(c) Notwithstanding any other provision of law, a commitment order issued pursuant to this chapter shall not modify or vacate orders concerning conditions of release or bail issued pursuant to chapter 229 of this title, and the commitment order shall remain in place unless expressly modified, provided that inpatient treatment shall be permitted if a person who is held without bail is found to be in need of inpatient treatment under this chapter. (Added 1969, No. 20, § 7; amended 1987, No. 248 (Adj. Sess.), § 3; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 21; 2007, No. 15, § 22; 2021, No. 57, § 2; 2023, No. 28, § 6, eff. July 1, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 157 - Insanity as a Defense › § 4821. Notice of hearing; procedures

§ 4821. Notice of hearing; procedures
The person who is the subject of the proceedings, his or her attorney, the legal guardian, if any, the Commissioner of Mental Health or the Commissioner of Disabilities, Aging, and Independent Living, and the State’s Attorney or other prosecuting officer representing the State in the case shall be given notice of the time and place of a hearing under 4820 of this title. Procedures for hearings for persons with a mental illness shall be as provided in 18 V.S.A. chapter 181. Procedures for hearings for persons with an intellectual disability shall be as provided in 18 V.S.A. chapter 206, subchapter 3. (Added 1969, No. 20, § 8; amended 1987, No. 248 (Adj. Sess.), § 4; 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 22; 2007, No. 15, § 22; 2013, No. 96 (Adj. Sess.), § 58.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 157 - Insanity as a Defense › § 4823. Findings and order; persons with an intellectual disability

§ 4823. Findings and order; persons with an intellectual disability
(a) If the court finds that such person is a person in need of custody, care, and habilitation as defined in 18 V.S.A. § 8839, the court shall issue an order of commitment directed to the Commissioner of Disabilities, Aging, and Independent Living for care and habilitation of such person for an indefinite or limited period in a designated program.
(b) Such order of commitment shall have the same force and effect as an order issued under 18 V.S.A. § 8843 and persons committed under such an order shall have the same status, and the same rights, including the right to receive care and habilitation, to be examined and discharged, and to apply for and obtain judicial review of their cases, as persons ordered committed under 18 V.S.A. § 8843.
(c) Section 4822 of this title shall apply to persons proposed for discharge under this section; however, judicial proceedings shall be conducted in the Criminal Division of the Superior Court in which the person then resides, unless the person resides out of State in which case the proceedings shall be conducted in the original committing court. (Added 1987, No. 248 (Adj. Sess.), § 6; amended 1989, No. 187 (Adj. Sess.), § 5; 1995, No. 174 (Adj. Sess.), § 3; 2005, No. 174 (Adj. Sess.), § 23; 2009, No. 154, § 238; 2013, No. 96 (Adj. Sess.), § 58.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 157 - Insanity as a Defense › § 4824. Reporting; National Instant Criminal Background Check System

§ 4824. Reporting; National Instant Criminal Background Check System
(a) If the court finds that a person is a person in need of treatment pursuant to section 4822 of this title, the Court Administrator shall within 48 hours report the name of the person subject to the order to the National Instant Criminal Background Check System, established by Section 103 of the Brady Handgun Violence Prevention Act of 1993. The report shall include only information sufficient to identify the person, the reason for the report, and a statement that the report is made in accordance with 18 U.S.C. § 922(g)(4).
(b) A report required by this section shall be submitted notwithstanding 18 V.S.A. § 7103 or any other provision of law.
(c) A report required by this section is confidential and exempt from public inspection and copying under the Public Records Act except as provided in subsection (d) of this section. The report shall not be used for any purpose other than for submission to the National Instant Criminal Background Check System pursuant to this section, where it may be used for any purpose permitted by federal law, including in connection with the issuance of a firearm-related permit or license.
(d) A copy of the report required by this section shall be provided to the person who is the subject of the report. The report shall include written notice to the person who is the subject of the report that the person is not permitted to possess a firearm. (Added 2015, No. 14, § 4, eff. Oct. 1, 2015.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4903. Transporting prisoner through State

§ 4903. Transporting prisoner through State
Whenever an offender is apprehended in a neighboring state, and it may be necessary to transport him or her through this State to the place where the offense was committed, a Superior Court judge, upon application and proof that lawful process has issued against the offender, shall issue a warrant under his or her hand and seal, directed to a sheriff or his or her deputy, or to a person by name who shall be sworn to the faithful performance of his or her duty, authorizing such conveyance. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 105.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4904. Duty of officer

§ 4904. Duty of officer
Such person or officer shall cause the offender to be conveyed to the line of this State nearest to the state where the offense was committed, there to be delivered to some proper officer ready to receive him or her. All persons to whom the warrant may be directed are required to obey such order, upon payment or tender of the lawful fees therefor.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4905. By officers of New York state

§ 4905. By officers of New York state
The authorities of the state of New York shall have the same power and authority to detain and transport through this State persons convicted of offenses and sentenced to be confined in a penitentiary in the state of New York, which they have to detain and transport them in such state.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4906. By officers of New Hampshire

§ 4906. By officers of New Hampshire
The authorities of the state of New Hampshire shall have the same power and authority to detain and transport through this State prisoners arrested in New Hampshire and held for trial or commitment by a court of record in New Hampshire, which they have to detain and transport them in that state.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4907. Service of criminal process returnable in Massachusetts

§ 4907. Service of criminal process returnable in Massachusetts
(a) Jurisdiction to serve criminal process returnable to a court in the commonwealth of Massachusetts is hereby given to officers who, by the laws of such commonwealth, may serve such process, over a building situated partly in such commonwealth and partly in this State.
(b) Subsection (a) of this section shall take effect when the commonwealth of Massachusetts has given like jurisdiction to similar officers in this State to serve criminal process returnable to a court in Vermont.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4908. Powers of officers from another state

§ 4908. Powers of officers from another state
A sheriff, deputy sheriff, constable, or other officer or justice of a neighboring state, with his or her assistants, in the execution of any lawful process issuing from and returnable to a court in such state, may pass through this State and convey such persons or things as he or she may have in his or her custody by virtue of such process, in as full and ample a manner as an officer of this State might do.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4909. Impeding officers of other states

§ 4909. Impeding officers of other states
If a person assaults or obstructs an officer or his or her assistants passing through this State in the execution of any warrant or like process, he or she shall be liable to the same punishment as for assaulting or obstructing an officer of this State.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4910. Receiving person from officer of another state

§ 4910. Receiving person from officer of another state
A sheriff shall receive a person charged with crime, delivered to him or her by an officer of another state having a warrant from proper authority for delivering the person, and shall take him or her forthwith before a district judge for examination. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 50, eff. April 9, 1974.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4941. Definitions

§ 4941. Definitions
The word “Governor,” as used in this subchapter, shall include any person performing the functions of Governor by authority of the law of this State. The words “executive authority” shall include the Governor, and any person performing the functions of governor in a state other than this state. The word “state” referring to a state other than this State shall mean any other state or territory organized or unorganized of the United States of America.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4942. Duty of Governor

§ 4942. Duty of Governor
Subject to the qualifications of this subchapter, and the provisions of the constitution of the United States controlling, and acts of Congress in pursuance thereof, it is the duty of the Governor of this State to have arrested and delivered up to the executive authority of any other state of the United States any person charged in that state with treason, felony, or other crime, who has fled from justice and is found in this State.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4943. Form of demand

§ 4943. Form of demand
(a) A demand for the extradition of a person charged with crime in another state shall not be recognized by the Governor unless in writing alleging, except in cases arising under section 4946 of this title, that the accused was present in the demanding state at the time of the commission of the alleged crime, and that thereafter he or she fled from the state, and accompanied by a copy of an indictment found or by an information supported by affidavit in the state having jurisdiction of the crime, or by a copy of an affidavit made before a magistrate therein, together with a copy of any warrant that was issued thereon or by a copy of a judgment of conviction or of a sentence imposed in execution thereof, together with a statement by the executive authority of the demanding state that the person claimed has escaped from confinement or has broken the terms of his or her bail, probation, or parole. The indictment, information, or affidavit made before the magistrate must substantially charge the person demanded with having committed a crime under the law of that state; and the copy of the indictment, information, affidavit, judgment of conviction, or sentence must be authenticated by the executive authority making the demand.
(b) A warrant of extradition shall not be issued unless the documents presented by the executive authority making the demand show that:
(1) Except in cases arising under section 4946 of this title, the accused was present in the demanding state at the time of the commission of the alleged crime, and thereafter fled from that state;
(2) The accused is now in this State; and
(3) He or she is lawfully charged by indictment found or by information filed by a prosecuting officer and supported by affidavit to the facts, or by affidavit made before a magistrate in that state, with having committed a crime under the laws of that state or that he or she has been convicted of a crime in that state and has escaped from confinement or broken the terms of his or her bail, probation, or parole.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4944. Investigation

§ 4944. Investigation
When a demand shall be made upon the Governor by the executive authority of another state for the surrender of a person so charged with crime, the Governor may call upon the Attorney General or any prosecuting officer in this State to investigate or assist in investigating the demand, and to report to him or her the situation and circumstances of the person so demanded, and whether he or she ought to be surrendered.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4945. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion

§ 4945. Extradition of persons imprisoned or awaiting trial in another state or who have left the demanding state under compulsion
(a) When it is desired to have returned to this State a person charged in this State with a crime, and such person is imprisoned or is held under criminal proceedings then pending against him or her in another state, the Governor of this State may agree with the executive authority of such other state for the extradition of such person before the conclusion of such proceedings or his or her term of sentence in such other state, upon condition that such person be returned to such other state at the expense of this State as soon as the prosecution in this State is terminated.
(b) The Governor of this State may also surrender on demand of the executive authority of any other state any person in this State who is charged in the manner provided in section 4963 of this title, with having violated the laws of the state whose executive authority is making the demand, even though such person left the demanding state involuntarily.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4946. Extradition of person not in demanding state at time crime committed

§ 4946. Extradition of person not in demanding state at time crime committed
The Governor of this State may also surrender, on demand of the executive authority of any other state, any person in this State who is charged in such other state in the manner provided in section 4943 of this title with committing an act in this State, or in a third state, intentionally resulting in a crime in the state whose executive authority makes the demand; and the provisions of this subchapter not otherwise inconsistent shall apply to such cases, notwithstanding that the accused was not in that state at the time of the commission of the crime, and has not fled therefrom.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4947. Governor to issue warrant

§ 4947. Governor to issue warrant
If the Governor shall decide that the demand should be complied with, he or she shall issue a warrant of arrest, that shall be sealed with the State Seal, and be directed to any sheriff, constable, or other person whom he or she may think fit to entrust with the execution thereof. Such warrant must substantially recite the facts necessary to the validity of its issue.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4948. Manner and place of executing warrant

§ 4948. Manner and place of executing warrant
Such warrant shall authorize the officer or other person to whom directed to arrest the accused at any place where he or she may be found within the State and to command the aid of all sheriffs and other peace officers in the execution of such warrant, and to deliver the accused, subject to the provisions of this subchapter, to the duly authorized agent of the demanding state.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4949. Authority of arresting officer

§ 4949. Authority of arresting officer
Such officer or other person empowered to make the arrest shall have the same authority in arresting the accused to command assistance therein, as sheriffs and other officers have by law in the execution of any criminal process directed to them, with the like penalties against those who refuse their assistance.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4950. Rights of accused person; application for writ of habeas corpus

§ 4950. Rights of accused person; application for writ of habeas corpus
A person arrested upon such warrant shall not be delivered over to the agent whom the executive authority demanding him or her shall have appointed to receive him or her unless he or she shall first be taken forthwith before a judge of a court of record in this State, who shall inform him or her of the demand made for his or her surrender and of the crime with which he or she is charged, and that he or she has the right to demand and procure legal counsel. If the prisoner or his or her counsel shall state that he or she or they desire to test the legality of the arrest, the judge of such court of record shall fix a reasonable time to be allowed him or her within which to apply for a writ of habeas corpus. When such writ is applied for, notice thereof, and of the time and place of hearing thereon, shall be given to the State’s Attorney of the county in which the arrest is made and in which the accused is in custody, and to the agent of the demanding state.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4951. Penalty for noncompliance

§ 4951. Penalty for noncompliance
An officer who shall deliver a person in his or her custody under the Governor’s warrant to the agent for extradition of the demanding state in disobedience of section 4950 of this title shall be imprisoned not more than six months or fined not more than $1,000.00, or both.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4952. Confinement in jail when necessary

§ 4952. Confinement in jail when necessary
(a) The officer or person executing the Governor’s warrant of arrest, or the agent of the demanding state to whom the prisoner may have been delivered, may, when necessary, confine the prisoner in the jail of any county or city through which he or she or she may pass; and the keeper of such jail shall receive and safely keep the prisoner until the person having charge of him or her is ready to proceed on his or her route, such person being chargeable with the expense of keeping.
(b) The officer or agent of a demanding state to whom a prisoner may have been delivered following extradition proceedings in another state, or to whom a prisoner may have been delivered after waiving extradition in such other state, and who is passing through this State with such a prisoner for the purpose of immediately returning such prisoner to the demanding state may, when necessary, confine the prisoner in the jail of any county or city through which he or she may pass; and the keeper of such jail shall receive and safely keep the prisoner until the officer or agent having charge of him or her is ready to proceed on his or her route, such officer or agent, however, being chargeable with the expense of keeping. However, such officer or agent shall produce and show to the keeper of such jail satisfactory written evidence of the fact that he or she is actually transporting such prisoner to the demanding state after a requisition by the executive authority of such demanding state. Such prisoner shall not be entitled to demand a new requisition while in this State.