reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 182 - Innocence Protection › § 5581. Eyewitness identification policy

§ 5581. Eyewitness identification policy
(a) On or before January 1, 2015, every State, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with 20 V.S.A. § 2358 shall adopt an eyewitness identification policy.
(b) The written policy shall contain, at a minimum, the following essential elements as identified by the Law Enforcement Advisory Board:
(1) Protocols guiding the use of a show-up identification procedure.
(2) The photo or live lineup shall be conducted by a blind administrator who does not know the suspect’s identity. For law enforcement agencies with limited staff, this can be accomplished through a procedure in which photographs are placed in folders, randomly numbered and shuffled, and then presented to an eyewitness such that the administrator cannot see or track which photograph is being presented to the witness until after the procedure is completed.
(3) Instructions to the eyewitness, including that the perpetrator may or may not be among the persons in the identification procedure.
(4) In a photo or live lineup, fillers shall possess the following characteristics:
(A) All fillers selected shall resemble the eyewitness’s description of the perpetrator in significant features such as face, weight, build, or skin tone, including any unique or unusual features such as a scar or tattoo.
(B) At least five fillers shall be included in a photo lineup, in addition to the suspect.
(C) At least four fillers shall be included in a live lineup, in addition to the suspect.
(5) If the eyewitness makes an identification, the administrator shall seek and document a clear statement from the eyewitness, at the time of the identification and in the eyewitness’s own words, as to the eyewitness’s confidence level that the person identified in a given identification procedure is the perpetrator.
(c) The model policy issued by the Law Enforcement Advisory Board shall encourage ongoing law enforcement training in eyewitness identification procedures for State, county, and municipal law enforcement agencies and constables who exercise law enforcement authority pursuant to 24 V.S.A. § 1936a and are trained in compliance with 20 V.S.A. § 2358.
(d) If a law enforcement agency does not adopt a policy by January 1, 2015 in accordance with this section, the model policy issued by the Law Enforcement Advisory Board shall become the policy of that law enforcement agency or constable. (Added 2013, No. 193 (Adj. Sess.), § 1, eff. June 17, 2014.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 182 - Innocence Protection › § 5585. Electronic recording of a custodial interrogation

§ 5585. Electronic recording of a custodial interrogation
(a) As used in this section:
(1) “Custodial interrogation” means any interrogation:
(A) involving questioning by a law enforcement officer that is reasonably likely to elicit an incriminating response from the subject; and
(B) in which a reasonable person in the subject’s position would consider the person to be in custody, starting from the moment a person should have been advised of the person’s Miranda rights and ending when the questioning has concluded.
(2) “Electronic recording” or “electronically recorded” means an audio and visual recording that is an authentic, accurate, unaltered record of a custodial interrogation, or if law enforcement does not have the current capacity to create a visual recording, an audio recording of the interrogation.
(3) “Place of detention” means a building or a police station that is a place of operation for the State police, a municipal police department, county sheriff department, or other law enforcement agency that is owned or operated by a law enforcement agency at which persons are or may be questioned in connection with criminal offenses or detained temporarily in connection with criminal charges pending a potential arrest or citation.
(4) “Statement” means an oral, written, sign language, or nonverbal communication.
(b)(1) A custodial interrogation that occurs in a place of detention concerning the investigation of a felony or misdemeanor violation of this title shall be electronically recorded in its entirety. Unless impracticable, a custodial interrogation occurring outside a place of detention concerning the investigation of a felony or misdemeanor violation of this title shall be electronically recorded in its entirety.
(2) In consideration of best practices, law enforcement shall strive to record simultaneously both the interrogator and the person being interrogated.
(c)(1) The following are exceptions to the recording requirement in subsection (b) of this section:
(A) exigent circumstances;
(B) a person’s refusal to be electronically recorded;
(C) interrogations conducted by other jurisdictions;
(D) a reasonable belief that the person being interrogated did not commit a felony or misdemeanor violation of this title and, therefore, an electronic recording of the interrogation was not required;
(E) the safety of a person or protection of the person’s identity; and
(F) equipment malfunction.
(2) If law enforcement does not make an electronic recording of a custodial interrogation as required by this section, the prosecution shall prove by a preponderance of the evidence that one of the exceptions identified in subdivision (1) of this subsection applies. If the prosecution does not meet the burden of proof, the evidence is still admissible, but the court shall provide cautionary instructions to the jury regarding the failure to record the interrogation. (Added 2013, No. 193 (Adj. Sess.), § 4, eff. Oct. 1, 2015; amended 2021, No. 161 (Adj. Sess.), § 3, eff. July 1, 2022.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 183 - Indictment and Information; Grand Jury › § 5606. Penalties

§ 5606. Penalties
A court reporter or other person taking, recording, or transcribing testimony given before a grand jury who reveals any matter or thing coming before the grand jury, except as the Supreme Court may authorize by rule, shall be imprisoned not more than one year or fined not more than $1,000.00 nor less than $100.00, or both. (Amended 1973, No. 118, § 19, eff. Oct. 1, 1973.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6501. Rights of accused

§ 6501. Rights of accused
On the trial of an information or indictment, the party accused may defend himself or herself, be heard by counsel, produce witnesses and proofs in his or her favor, and shall be confronted with the witnesses produced against him or her.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6502. Presumption of innocence

§ 6502. Presumption of innocence
The presumption of innocence in criminal causes shall attend the accused until the jury renders a verdict of guilty, and the court shall charge the jury accordingly. This presumption of innocence is a proper subject of comment in argument.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6504. Employment of counsel on behalf of State

§ 6504. Employment of counsel on behalf of State
In the examination of a person charged with a crime exceeding the jurisdiction of a Criminal Division of the Superior Court to try and determine, commenced upon the complaint of a complaining officer not entitled to draw a salary, and in the trial of person before such court upon the complaint of such an officer, charging him or her with a crime within the jurisdiction of such court to try and determine, where the fine is payable to the State, such officer may employ counsel at the expense of the State, when the State’s Attorney is disqualified or unable seasonably to attend at such examination or trial. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 53, eff. April 9, 1974; 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6505. Payment

§ 6505. Payment
The Commissioner of Finance and Management shall allow counsel so employed a reasonable compensation for his or her services and expenses and shall issue his or her warrant for the amount allowed. Compensation shall not be allowed where it appears to the Commissioner that the prosecution was superfluous and instituted to enhance costs, nor in the trial of a person upon a complaint for intoxication or for any other offense against the title relating to alcoholic beverages, except where the respondent pleads not guilty. (Amended 1959, No. 329 (Adj. Sess.), § 8; 2017, No. 83, § 146.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6555. Nolle prosequi when proof shows greater offense than charged

§ 6555. Nolle prosequi when proof shows greater offense than charged
If, upon the trial of a person charged with an offense, the facts given in evidence amount in law to a greater offense than the one charged, such person shall not by reason thereof be acquitted, but the court, in its discretion, may allow a nolle prosequi to be entered in order that he or she may be prosecuted for the greater offense.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6556. Former acquittal a bar

§ 6556. Former acquittal a bar
A person shall not be held to answer on a second complaint, information, or indictment for an offense of which he or she was acquitted by a jury upon the merits on a former trial. Such acquittal may be pleaded in bar of a subsequent prosecution for the same offense, notwithstanding defects in the form or substance of the complaint, information, or indictment on which he or she was acquitted.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6557. Exceptions

§ 6557. Exceptions
When a person is acquitted by reason of a variance between the complaint, information, or indictment and the proof, or upon an exception to the form or substance of the complaint, information, or indictment, he or she may be arraigned again on a new complaint, information, or indictment and may be tried and convicted for the same offense notwithstanding such former acquittal.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6558. Allegation and proof of ownership

§ 6558. Allegation and proof of ownership
In the prosecution of an offense committed upon, or in relation to, or in any way affecting real estate, or an offense committed in stealing, embezzling, injuring, or fraudulently receiving or concealing money or other personal estate, it shall be sufficient and not deemed a variance if it is proved on trial that, at the time when the offense was committed, the actual or constructive possession, or the general or special property in whole or in part of such real or personal estate was in the person alleged in the complaint, information, or indictment to be the owner thereof.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6559. Allegation and proof of intent to defraud

§ 6559. Allegation and proof of intent to defraud
When an intent to defraud is required to constitute a criminal offense, it shall be sufficient to allege in the complaint, information, or indictment an intent to defraud, without naming the person or body corporate intended to be defrauded. On trial it shall be sufficient and shall not be deemed a variance if there appears to have been an intent to defraud the United States, a state, county, town, city, district, a body corporate, a public officer in his or her official capacity, a partnership or members thereof, or a person.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6560. Truth as defense in prosecution for libel or defamation

§ 6560. Truth as defense in prosecution for libel or defamation
If a person is prosecuted by information or indictment for uttering and publishing a libel or for defaming the civil authority of the State, under a plea of not guilty, he or she may give evidence as to the truth of the words contained in such supposed libel, as set forth in the information or indictment. If he or she proves their truth to the satisfaction of the jury, it shall find the respondent not guilty in its verdict.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6565. Pleas

§ 6565. Pleas
(a) In prosecutions for felonies, the State’s Attorney shall place on record in open court the content of the plea agreement, including the offenses charged and the disposition of those charges.
(b) No plea agreement shall be binding upon the court nor shall it limit the court in the judgment and sentence to be imposed. A defendant may not withdraw a plea of guilty or nolo contendere except as provided in Rule 32(d) of the Vermont Rules of Criminal Procedure.
(c)(1) Prior to accepting a plea of guilty or a plea of nolo contendere from a defendant in a criminal proceeding pursuant to Rule 11 of the Vermont Rules of Criminal Procedure, the court shall address the defendant personally in open court, informing the defendant and determining that the defendant understands that, if he or she is not a citizen of the United States, admitting to facts sufficient to warrant a finding of guilt or pleading guilty or nolo contendere to a crime may have the consequences of deportation or denial of U.S. citizenship.
(2) If the court fails to advise the defendant in accordance with this subsection, and he or she later at any time shows that the plea and conviction may have or has had a negative consequence regarding his or her immigration status, the court, upon the defendant’s motion, shall vacate the judgment and permit the defendant to withdraw the plea or admission and enter a plea of not guilty.
(d) Each State’s Attorney shall submit an annual report to the Office of the Executive Director of the State’s Attorneys, in such form as the Executive Director may require, providing information as to the use of plea agreements. (Added 1981, No. 223 (Adj. Sess.), § 21; amended 1983, No. 229 (Adj. Sess.), § 2; 2005, No. 121 (Adj. Sess.), § 1, eff. Sept. 1, 2006; 2017, No. 14, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 201 - Pleadings and Proof; Trial › § 6566. Defense based on victim identity prohibited

§ 6566. Defense based on victim identity prohibited
In a prosecution or sentencing for any criminal offense, the following shall not be used as a defense to the defendant’s criminal conduct, to establish a finding that the defendant suffered from diminished capacity, to justify the defendant’s use of force against another, or to otherwise mitigate the severity of the offense:
(1) evidence of the defendant’s discovery of, knowledge about, or the potential disclosure of the crime victim’s actual or perceived sexual orientation or gender identity, including under circumstances in which the victim made a nonforcible, noncriminal romantic or sexual advance toward the defendant; or
(2) evidence of the defendant’s perception or belief, even if inaccurate, of the gender, gender identity, or sexual orientation of a crime victim. (Added 2021, No. 18, § 1, eff. May 5, 2021.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6601. Respondent as witness

§ 6601. Respondent as witness
In the trial of complaints, informations, indictments and other proceedings against persons charged with crimes or offenses, the person so charged shall, at his or her own request and not otherwise, be deemed a competent witness. The credit to be given to his or her testimony shall be left solely to the jury, under the instructions of the court but the failure of such person to testify shall not be a matter of comment to the jury by either the court or the prosecutor and shall not be considered by the jury as evidence against him or her.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6603. Failure to obey summons to testify

§ 6603. Failure to obey summons to testify
A person legally summoned to attend a court in this State to testify in a criminal cause, who willfully or wrongfully refuses to attend and testify, shall be fined not less than $10.00 nor more than $100.00 or imprisoned not more than six months, or both.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6604. Counseling or aiding in nonattendance of witness

§ 6604. Counseling or aiding in nonattendance of witness
A person who knowingly and wrongfully counsels, aids, or assists a person so summoned to testify, to absent himself or herself from attendance before such court, shall be fined not more than $50.00 nor less than $10.00.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6605. Recognizance by witness; commitment

§ 6605. Recognizance by witness; commitment
In a proceeding before a court or magistrate for the investigation or prosecution of a criminal offense, the court or magistrate may order any witness appearing before such court or magistrate to enter into a sufficient recognizance with surety for his or her appearance before any court or magistrate where his or her attendance in such investigation or prosecution is necessary. If the witness refuses to enter into such recognizance with surety, he or she may be committed to jail in the county where his or her attendance as a witness is required, on a warrant of the court or magistrate making the order, and there detained until such time as his or her attendance to testify is required.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6606. Separate examination of witnesses

§ 6606. Separate examination of witnesses
On the trial of a person for a criminal offense or on the examination of a person charged therewith before a Criminal Division of the Superior Court, on the request of the prosecuting attorney or the party accused, the court shall have the witnesses examined separately and apart from each other. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 54, eff. April 9, 1974; 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6607. Disclosure of confidential records; notice to prosecution

§ 6607. Disclosure of confidential records; notice to prosecution
When a defendant seeks access to a victim’s school records, or to any other records of a victim that are by law confidential, the defendant shall provide written notice to the prosecutor that the records have been requested prior to the service of any subpoena requesting the records. (Added 2007, No. 40, § 11.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6641. Definitions

§ 6641. Definitions
As used in this subchapter, “action” shall include any proceeding or investigation by a grand jury commenced or about to be commenced, or any action, prosecution or proceeding; “witness” shall include a person whose testimony is desired in any such action; and the word “state” shall include any territory of the United States and District of Columbia.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6642. Summoning witnesses in this State to testify in another state

§ 6642. Summoning witnesses in this State to testify in another state
If a judge of a court of record in any state which by its laws has made provision for commanding persons within that state to attend and testify in an action in this State, certifies under the seal of such court that there is an action pending in that court, that a person being within this State is a material witness in the action, and that his or her presence will be required for a specified number of days, upon presentation of the certificate to any Superior judge in the unit in which the person is, the judge shall fix a time and place for a hearing in the unit and shall notify the witness by an order stating the purpose of the hearing and directing him or her to appear therefor at a time and place certain. (Amended 1965, No. 194, § 10, operative February 1, 1967; 2009, No. 154 (Adj. Sess.), § 110.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6643. Hearing and summons

§ 6643. Hearing and summons
If at such hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in such action in the other state, and that the laws of the state in which such action is pending will give to him or her protection from arrest and the service of civil and criminal process, he or she shall issue a summons, with a copy of the certificate attached, directing the witness to attend and testify in the court where the action is pending at a time and place specified in the summons. In such hearing the certificate shall be prima facie evidence of all the facts stated therein.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6644. Arrest and delivery

§ 6644. Arrest and delivery
If such certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to ensure his or her attendance in the requesting state, such judge may direct, in lieu of notification of the hearing, that such witness be forthwith brought before him or her for such hearing. If at such hearing the judge is satisfied as to the desirability of such custody and delivery, for which determination the certificate shall be prima facie proof of such desirability, he or she may order, in lieu of issuing subpoena or summons, that such witness be taken forthwith into custody and delivered to an officer of the requesting state; provided, however, that a witness so taken into custody may enter into recognizance for such attendance as provided in section 6605 of this title.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6645. Penalties

§ 6645. Penalties
If the witness, who is summoned as provided in section 6643 of this title, after being paid or tendered by some properly authorized person the sum of 10 cents a mile for each mile and $10.00 for each day that he or she is required to travel and attend as a witness, fails without good cause to attend and testify as directed in the summons, he or she shall be imprisoned not more than two years or fined not more than $1,000.00, or both.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6646. Witness from another state summoned to testify in this State

§ 6646. Witness from another state summoned to testify in this State
If a person in any state which by its laws has made provision for commanding persons within its borders to attend and testify in an action in this State is a material witness in an action pending in a court of record in this State, a Superior judge may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this State to ensure his or her attendance in this State. The certificate shall be presented to a judge of a court of record of the state in which the witness is found. (Amended 1965, No. 194, § 10, operative February 1, 1967; 2009, No. 154 (Adj. Sess.), § 111.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6647. Fees and penalties

§ 6647. Fees and penalties
If the witness is summoned to attend and testify in this State, he or she shall be tendered the sum of 10 cents a mile for each mile by the ordinary traveled route to and from the court where such action is pending and $10.00 a day for each day that he or she is required to travel and attend as a witness. The witness fee shall be paid by the party who sought the attendance of the witness. A witness who has appeared in accordance with the provisions of the summons shall not be required to remain within this State a longer period of time than the period mentioned in the certificate, unless ordered by the court. If such witness, after coming into this State, fails without good cause to attend and testify as directed in the summons, he or she shall be punished in the manner provided for in section 6645 of this title. (Amended 1991, No. 245 (Adj. Sess.), § 94(d).)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6648. Exemption from arrest and service of process

§ 6648. Exemption from arrest and service of process
(a) If a person comes into this State in obedience to a summons directing him or her to attend and testify in such action in this State, he or she shall not, while in this State pursuant to such summons, be subject to arrest or the service of process, civil or criminal, in connection with matters that arose before his or her entrance under the summons.
(b) If a person passes through this State while going to another state in obedience to a summons to attend and testify in such action in that state or while returning therefrom, he or she shall not while so passing through this State be subject to arrest or the service of process, civil or criminal, in connection with matters that arose before his or her entrance into this State under the summons.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 203 - Evidence › § 6650. Legally protected health care activity exception

§ 6650. Legally protected health care activity exception
(a) Access to reproductive health care services and gender-affirming health care services is a legal right in this State. Interference with legally protected health care activity, whether or not under the color of law, is against the public policy of this State.
(b) Notwithstanding any other provision in this chapter to the contrary, except as required by federal law, a court shall not issue a summons where a prosecution is pending in another state concerning legally protected health care activity as defined in 1 V.S.A. § 150 or where a grand jury investigation concerning legally protected health care activity has commenced or is about to commence for a criminal violation of a law of such other state unless the acts forming the basis of the prosecution or investigation would also constitute an offense if occurring entirely in this State. (Added 2023, No. 14, § 7, eff. May 10, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7002. Conviction to be by plea, verdict, or judgment

§ 7002. Conviction to be by plea, verdict, or judgment
A person shall not be punished for an offense unless by confession of his or her guilt in open court, or by admitting the truth of the charge against him or her by his or her plea or demurrer, or by the verdict of a jury accepted by the court and recorded, or by the judgment of a Criminal Division of the Superior Court when the respondent waives trial by jury. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 55, eff. April 9, 1974; 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7004. Record of convictions; report to Commissioner of Public Safety

§ 7004. Record of convictions; report to Commissioner of Public Safety
In all cases of felony or misdemeanor in which a conviction or plea of guilty is had in their respective courts, clerks of the Superior Court shall forthwith forward to the Commissioner of Public Safety, on quadruplicate forms to be furnished by him or her, for file in the identification and records division of the Department of Public Safety, a certified report of the conviction, together with the sentence and any other facts that may be required by the Commissioner. A fee of $0.50 for such certified report shall be allowed by the Commissioner of Finance and Management in settlement of the accounts of such courts. (Amended 1959, No. 329 (Adj. Sess.), § 8; 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 56, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 112.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7030. Sentencing alternatives

§ 7030. Sentencing alternatives
(a) In determining which of the following should be ordered, the court shall consider the nature and circumstances of the crime; the history and character of the defendant; the defendant’s family circumstances and relationships; the impact of any sentence upon the defendant’s minor children; the need for treatment; and the risk to self, others, and the community at large presented by the defendant:
(1) A deferred sentence pursuant to section 7041 of this title.
(2) Referral to a community reparative board pursuant to 28 V.S.A. chapter 12 in the case of an offender who has pled guilty to a nonviolent felony, a nonviolent misdemeanor, or a misdemeanor that does not involve the subject areas prohibited for referral to a community justice center under 24 V.S.A. § 1967. Referral to a community reparative board pursuant to this subdivision does not require the court to place the offender on probation. The offender shall return to court for further sentencing if the reparative board does not accept the case or if the offender fails to complete the reparative board program to the satisfaction of the board in a time deemed reasonable by the board.
(3) Probation pursuant to 28 V.S.A. § 205.
(4) Supervised community sentence pursuant to 28 V.S.A. § 352.
(5) Sentence of imprisonment.
(b) When ordering a sentence of probation, the court may require participation in the Restorative Justice Program established by 28 V.S.A. chapter 12 as a condition of the sentence. (Added 1989, No. 291 (Adj. Sess.), § 2; amended 1999, No. 148 (Adj. Sess.), § 61, eff. May 24, 2000; 2009, No. 146 (Adj. Sess.), § D11; 2021, No. 104 (Adj. Sess.), § 2, eff. July 1, 2022.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7032. Consecutive sentences

§ 7032. Consecutive sentences
(a) If a person who has been sentenced to a term or terms of imprisonment is convicted of another offense punishable by imprisonment before he or she has been discharged from the former sentence or sentences, the court may sentence him or her to an additional term of imprisonment and shall specify whether this additional term shall be served concurrent with or consecutive to the prior sentence or sentences.
(b) In any case where a person is convicted of two or more offenses punishable by imprisonment and is sentenced for more than one of these offenses, he or she may be sentenced to as many terms as there are offenses of which he or she is convicted. When such multiple sentences are imposed they shall run concurrent with or consecutive to each other as the court determines at the time of sentencing and each shall run from its respective date of commitment after sentence. When such multiple sentences are in addition to a prior sentence or sentences from which the person has not yet been discharged, they shall run concurrently with or consecutive to any prior sentence or sentences as the court shall determine at the time of sentencing.
(c) In all cases where multiple or additional sentences have been or are imposed, the term or terms of imprisonment under those sentences shall be determined in accordance with the following definitions:
(1) When terms run concurrently, the shorter minimum terms merge in and are satisfied by serving the longest minimum and the shorter maximum terms merge in and are satisfied by discharge of the longest maximum term.
(2) When terms run consecutively, the minimum terms are added to arrive at an aggregate minimum to be served equal to the sum of all minimum terms and the maximum terms are added to arrive at an aggregate maximum equal to the sum of all maximum terms. A person shall serve no more time on consecutive minimum sentences than the sum of the minimum terms, regardless of whether the sentences are imposed on the same or different dates. If a person has served a minimum term and subsequently incurs another criminal charge, the time the person spends in custody awaiting disposition of the new charge shall count toward the minimum term of the new sentence, if one is imposed. This subdivision shall not require the Department of Corrections to release a person from incarceration to community supervision at the person’s minimum term. (Amended 1971, No. 199 (Adj. Sess.), § 6; 2013, No. 4, § 2, eff. April 3, 2013.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7033. Commitment for different offenses on one mittimus

§ 7033. Commitment for different offenses on one mittimus
When a person is convicted before the same court of different offenses, upon all of which he or she is lawfully sentenced to imprisonment, he or she may be committed for all of such offenses upon one mittimus, and the mittimus shall recite the sentence in each case, and contain an order that unless all fines are paid before the expiration of the term or terms of imprisonment, such person shall be imprisoned as provided when a fine only is imposed. Such a term of imprisonment for nonpayment of a fine shall be served consecutive to the previous term or terms to which the respondent is sentenced. (Amended 1969, No. 131, § 3, eff. April 23, 1969; 1971, No. 199 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7035. Commitment on more than one mittimus; length of sentence

§ 7035. Commitment on more than one mittimus; length of sentence
The Commissioner of Corrections shall hold an inmate committed to his or her custody on one or more than one mittimus for the term or terms contained therein, and the inmate shall have the same right of lessening a term of imprisonment by payment of fines as is provided in other cases. (Amended 1969, No. 131, § 4, eff. April 23, 1969; 1971, No. 199 (Adj. Sess.), § 8.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7042. Sentence review

§ 7042. Sentence review
(a) Any court imposing a sentence under the authority of this title, within 90 days of the imposition of that sentence, or within 90 days after entry of any order or judgment of the Supreme Court upholding a judgment of conviction, may upon its own initiative or motion of the defendant, reduce the sentence.
(b) A State’s Attorney or the Attorney General, within seven business days of the imposition of a sentence, may file with the sentencing judge a motion to increase, reduce, or otherwise modify the sentence. This motion shall set forth reasons why the sentence should be altered. After hearing, the court may confirm, increase, reduce, or otherwise modify the sentence.
(c) After a motion is filed under subsection (b) of this section, a defendant’s time for filing an appeal under 12 V.S.A. § 2383 shall commence to run upon entry of a final order under subsection (b). (Added 1977, No. 251 (Adj. Sess.); amended 1981, No. 223 (Adj. Sess.), § 12; 2017, No. 11, § 29.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7043a. Licenses or governmental contracts

§ 7043a. Licenses or governmental contracts
(a) As used in this section, “license” means any license, certification, or registration issued by an agency to conduct a trade or business, including a license to practice a profession or occupation, or a license required to engage in recreational activities, including a license to hunt, fish, or trap.
(b) Every applicant for a license shall sign a statement that the applicant is in good standing with respect to any restitution order. A license may not be issued or renewed without such a statement.
(c) For the purposes of this section, a person is in good standing with respect to any restitution order if:
(1) 60 days or fewer have elapsed since the date a restitution judgment was issued;
(2) the person is in compliance with a repayment plan approved by the restitution unit; or
(3) the person is in compliance with a court-ordered restitution judgment order. (Added 2007, No. 51, § 12, eff. Jan. 1, 2008.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7044. Sentence calculation; notice to defendant

§ 7044. Sentence calculation; notice to defendant
(a) Within 30 days after sentencing in all cases where the court imposes a sentence which includes a period of incarceration to be served, the Commissioner of Corrections shall provide to the court and the Office of the Defender General a calculation of the potential shortest and longest lengths of time the defendant may be incarcerated taking into account the provisions for reductions of term pursuant to 28 V.S.A. § 811 based on the sentence or sentences the defendant is serving, and the effect of any credit for time served as ordered by the court pursuant to 13 V.S.A. § 7031. The Commissioner’s calculation shall be a public record.
(b) In all cases where the court imposes a sentence that includes a period of incarceration to be served, the Department of Corrections shall provide the defendant with a copy and explanation of the sentence calculation made pursuant to subsection (a) of this section. (Added 1995, No. 50, § 3; amended 2009, No. 58, § 16.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7045. Life without parole sentence prohibited for persons under 18 years of age

§ 7045. Life without parole sentence prohibited for persons under 18 years of age
A court shall not sentence a person to life imprisonment without the possibility of parole if the person was under 18 years of age at the time of the commission of the offense. (Added 2015, No. 22, § 1, eff. May 14, 2015.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7101. Sentence and warrant

§ 7101. Sentence and warrant
In pronouncing sentence of death upon a person who is convicted of a capital crime, the court shall appoint a week within which the sentence shall be executed. At the time of such sentence, the court shall order a warrant to be issued by the clerk, under the seal of the court for the county in which such sentence is passed, to be directed to the Commissioner of Corrections, stating the conviction and sentence and commanding him or her to cause execution to be done in accordance with the provisions of such sentence, upon a day within the week so appointed. At the same time, the clerk shall transmit to the sheriff of the county in which such sentence is passed a mittimus directing him or her to deliver the body of such person to the Commissioner of Corrections and deliver to him or her a true and attested copy of such mittimus, the original of which shall be returned by the sheriff to the court from which issued. Unless a reprieve is granted or the inmate is pardoned, the sentence of death shall be executed by the Commissioner of Corrections, or by a person acting under his or her direction, within the week appointed by the court. If a reprieve is granted, the sentence of death shall be executed within the week beginning on the day next after the day on which the term of respite expires, and such sentence shall be executed on such day within such week as the Commissioner elects. Previous announcement thereof shall not be made, except to such persons as are to be present. (Amended 1971, No. 199 (Adj. Sess.), § 9.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7102. Pardon

§ 7102. Pardon
If such inmate is pardoned by the Governor, the Governor shall forthwith issue his or her warrant to the Commissioner of Corrections superseding the original warrant provided for in section 7101 of this title. (Amended 1971, No. 199 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7104. Manner of confinement

§ 7104. Manner of confinement
When the sentence of death is imposed, the court shall sentence, at the same time, the respondent to the custody of the Commissioner of Corrections until the time of execution. (Amended 1971, No. 199 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7105. Persons present at execution

§ 7105. Persons present at execution
There shall be present at the execution of the sentence of death, the Commissioner of Corrections or in case of his or her disability, the keeper, the person who is to perform the execution and his or her assistant, such persons as the Commissioner shall designate, and two physicians approved by the Commissioner. The physicians present shall be the legal witnesses of the execution. There may also be present the sheriff of the county in which the condemned was convicted or one of his or her deputies approved by him or her, such clergyman as the condemned may desire, and not more than three other persons to be selected by the Commissioner. There shall be paid to the person actually performing the execution and to his or her assistant such sums for services and expenses as the Commissioner shall approve. (Amended 1971, No. 199 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7106. Manner of execution

§ 7106. Manner of execution
The punishment of death shall be inflicted by causing to pass through the body of the convict a current of electricity of sufficient intensity to cause death, and the application of such current shall be continued until such convict is dead.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7107. Returns of Commissioner

§ 7107. Returns of Commissioner
When the Commissioner of Corrections inflicts the punishment of death upon an inmate, in obedience to a warrant as aforesaid, he or she shall forthwith return a copy thereof with his or her doings thereon to the Office of the Secretary of State, and shall forthwith return the original warrant with his or her doings thereon to the court from which it was issued. The clerk thereof shall subjoin to the record of the sentence a brief abstract of the Commissioner’s return upon such warrant. (Amended 1971, No. 199 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7131. Prisoner in custody under sentence

§ 7131. Prisoner in custody under sentence
A prisoner who is in custody under sentence of a court and claims the right to be released upon the ground that the sentence was imposed in violation of the constitution or laws of the United States, or of the State of Vermont, or that the court was without jurisdiction to impose the sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may at any time move the Superior Court of the county where the sentence was imposed to vacate, set aside or correct the sentence. However, the Superior or District judge who presided when the original sentence was imposed shall not hear the application. (Added 1966, No. 41 (Sp. Sess.), § 1(a), eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7132. Contents of motion

§ 7132. Contents of motion
The motion may be informal, but shall identify the offense, the date of sentencing, and the alleged violation or defect in the sentence. (Added 1966, No. 41 (Sp. Sess.), § 1(b), eff. March 12, 1966.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7133. Notice and hearing

§ 7133. Notice and hearing
Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the State’s Attorney and Attorney General, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. The court may entertain and decide the motion without requiring the production of the prisoner at the hearing but the prisoner may attend if he or she so requests. If the court finds that the judgment was made without jurisdiction, or that the sentence imposed was not authorized by law or is otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to make the judgment vulnerable to collateral attack, it shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or her or grant a new trial or correct the sentence as may appear appropriate. (Added 1966, No. 41 (Sp. Sess.), § 1(c), eff. March 12, 1966.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7134. Successive motions

§ 7134. Successive motions
The court is not required to entertain a second or successive motion for similar relief on behalf of the same prisoner. (Added 1966, No. 41 (Sp. Sess.), § 1(d), eff. March 12, 1966.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7135. Appeals

§ 7135. Appeals
An appeal may be taken to the Supreme Court from the order entered on the motion. (Added 1966, No. 41 (Sp. Sess.), § 1(e), eff. March 12, 1966.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7136. Priority of procedure

§ 7136. Priority of procedure
An application for a writ of habeas corpus in behalf of a prisoner entitled to move for relief under sections 7131-7135 of this title, shall not be entertained if it appears that the applicant has failed to apply for relief under this subchapter and 12 V.S.A. §§ 3953 and 3957 or that the court has denied him or her relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his or her detention. (Added 1966, No. 41 (Sp. Sess.), § 2, eff. March 12, 1966.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 221 - Judgment, Sentence, and Execution › § 7137. Assignment of counsel

§ 7137. Assignment of counsel
The court may appoint counsel if the prisoner is unable financially to employ counsel, and may order that all necessary costs and expenses incident to the matter, including court costs, stenographic services, printing, and reasonable compensation for legal services, be paid by the State from the appropriation to the court where the sentence was imposed. On appeal, the Supreme Court may make a similar order. (Added 1966, No. 41 (Sp. Sess.), § 3, eff. March 12, 1966.)