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2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4953. Arrest prior to requisition

§ 4953. Arrest prior to requisition
Whenever any person within this State shall be charged on the oath of any credible person before any judge or magistrate of this State with the commission of any crime in any other state, and, except in cases arising under section 4946 of this title, with having fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, or parole, or whenever complaint shall have been before a Superior Court judge within this State, setting forth on the affidavit of a credible person in another state that a crime has been committed in such other state and that the accused has been charged in that state with the commission of a crime, and, except in cases arising under section 4946, has fled from justice, or with having been convicted of a crime in that state and having escaped from confinement, or having broken the terms of his or her bail, probation, or parole and is believed to have been found in this State, such judge shall issue a warrant to any sheriff or constable directing him or her to apprehend the person charged, wherever he or she may be found in this State, and bring him or her before the same or any other Superior Court judge who may be available in or convenient of access to the place where the arrest may be made, to answer the charge or complaint and affidavit; and a certified copy of the sworn charge or complaint and affidavit upon which the warrant is issued shall be attached to the warrant. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 106.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4954. Arrest without a warrant

§ 4954. Arrest without a warrant
The arrest of a person may be lawfully made by an officer or a private citizen without a warrant upon reasonable information that the accused stands charged in the courts of another state with a crime punishable by death or imprisonment for a term exceeding one year. When so arrested, the accused shall be taken before a Superior Court judge as soon as may be, and complaint shall be made against him or her under oath, setting forth the ground for the arrest as in section 4953 of this title; and thereafter his or her answer shall be heard as if he or she had been arrested on a warrant. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 107.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4955. Commitment to await extradition; bail

§ 4955. Commitment to await extradition; bail
If upon examination it appears that the person held is the person charged with having committed the crime alleged and that the person probably committed the crime, and, except in cases arising under section 4946 of this title, that the person has fled from justice, the judge or magistrate shall commit the person to jail by a warrant, reciting the accusation, for such a time, not exceeding 30 days, to be specified in the warrant as will enable the arrest of the accused to be made under a warrant of the Governor on a requisition of the executive authority of the state having jurisdiction of the offense, unless the accused give bail as provided in section 4956 of this title, or until the person shall be legally discharged. On request of the state, the hearing may be continued for up to three working days, only for the purpose of determining whether the person probably committed the crime. Findings under this section may be based upon hearsay evidence or upon copies of affidavits, whether certified or not, made outside this State. It shall be sufficient for a finding that a person probably committed the crime that there is a current grand jury indictment from another state. (Amended 1989, No. 289 (Adj. Sess.).)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4956. Bail when ordered

§ 4956. Bail when ordered
Unless the offense with which the prisoner is charged is shown to be an offense punishable by death or life imprisonment under the laws of the state in which it was committed, the judge or magistrate shall admit the person arrested to bail by bond or undertaking, with sufficient sureties, and in such sum as he or she deems proper, for his or her appearance before him at a time specified in such bond or undertaking, and for his or her surrender, to be arrested upon the warrant of the governor of this state.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4957. Extending time of commitment

§ 4957. Extending time of commitment
If the accused is not arrested under warrant of the Governor by the expiration of the time specified in the warrant, bond or undertaking, such judge may discharge him or her or may recommit him or her for a further period not to exceed 60 days, or may again take bail for his or her appearance and surrender as provided in section 4956 of this title, but within a period not to exceed 60 days after the date of such new bond.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4958. Forfeiture of bail

§ 4958. Forfeiture of bail
If the prisoner is admitted to bail, and fails to appear and surrender himself or herself according to the condition of his or her bond, the court, by proper order, shall declare the bond forfeited and order his or her immediate arrest without warrant if he or she be within this State. Recovery may be had thereon in the name of the State as in the case of other bonds or undertakings given by the accused in criminal proceedings within this State.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4959. Persons under prosecution in this State at time of requisition

§ 4959. Persons under prosecution in this State at time of requisition
If a criminal prosecution has been instituted against such person under the laws of this state and is still pending, the governor in his or her discretion either may surrender him or her on the demand of the executive authority of another state, or may hold him or her until he or she has been tried and discharged, or convicted and punished in this State.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4960. Guilt or innocence of accused not in issue

§ 4960. Guilt or innocence of accused not in issue
The guilt or innocence of the accused as to the crime of which he or she is charged may not be inquired into by the Governor or in any proceeding after the demand for extradition accompanied by a charge of crime in legal form as provided in this chapter shall have been presented to the Governor, except as it may be involved in identifying the person held as the person charged with the crime.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4962. Fugitives from this State; duty of governors

§ 4962. Fugitives from this State; duty of governors
Whenever the Governor of this State shall demand a person charged with crime or with escaping from confinement or breaking the terms of his or her bail, probation or parole in this State from the chief executive of any other state, or from the chief judge or another judge of the United States district court for the District of Columbia authorized to receive such demand under laws of the United States, he or she shall issue a warrant under the seal of this State, to some agent, commanding his or her to receive the person so charged if delivered to his or her and convey his or her to the sheriff of the county in this State in which the offense was committed.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4963. Manner of applying for requisition

§ 4963. Manner of applying for requisition
(a) When the return to this State of a person charged with a crime in this State is required, the State’s Attorney of the county in which the offense is committed, or the Attorney General shall present to the Governor his or her written application for a requisition for the return of the person so charged, in which application shall be stated the name of the person so charged, the crime charged against him or her, and the approximate time, place and circumstances of its commission, the state in which he or she is believed to be, including the location of the accused therein at the time the application is made, and certifying that in the opinion of the State’s Attorney or the Attorney General the ends of justice require the arrest and return of the accused to this state for trial, and that the proceeding is not instituted to enforce a private claim.
(b) When the return to this State is required of a person who has been convicted of a crime in this State and has escaped from confinement or broken the terms of his or her bail, probation, or parole, the Attorney General or the State’s Attorney of the county in which the offense was committed, the State probation officer or the warden of the institution or sheriff of the county, from which escape was made, shall present to the Governor a written application for a requisition for the return of such person, in which application shall be stated the name of the person, the crime of which he or she was convicted, the circumstances of his or her escape from confinement or of the breach of the terms of his or her bail, probation or parole, the state in which he or she is believed to be, including the location of the person therein at the time application is made.
(c) The application shall be verified by affidavit, shall be executed in duplicate and shall be accompanied by two certified copies of the indictment returned, or information and affidavit filed, or of the complaint, stating the offense with which the accused is charged or of the judgment of conviction or of the sentence. The State’s Attorney, the Attorney General, the State probation officer, warden, or sheriff may also attach such further affidavits and other documents in duplicate as he or she shall deem proper to be submitted with such application. One copy of the application with the action of the Governor indicated by endorsement thereon, and one of the certified copies of the indictment or complaint or information and affidavit, or of the judgment of conviction or of the sentence shall be filed in the office of the Governor to remain of record in that office. The other copies of all papers shall be forwarded with the Governor’s requisition.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4964. Immunity from civil process

§ 4964. Immunity from civil process
A person brought into this State on, or after waiver of, extradition based on a criminal charge shall not be subject to service of personal process in civil actions arising out of the same facts as the criminal proceeding to answer that he or she is returned, until he or she has been convicted in the criminal proceeding, or if acquitted, until he or she has had ample opportunity to return to the state from which he or she was extradited.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4965. No immunity from other criminal prosecutions

§ 4965. No immunity from other criminal prosecutions
After a person has been brought back to this State upon, or after waiver of, extradition proceedings, he or she may be tried in this State for other crimes that he or she may be charged with having committed in this State, as well as that specified in the requisition for his or her extradition.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4966. Payment of expenses

§ 4966. Payment of expenses
In proceedings under the preceding sections of this subchapter, the complainant shall pay the actual costs and charges and for the support in jail of a person committed thereunder at the rate of $4.00 a week and shall advance the money therefor from time to time or give to the jailer satisfactory security therefor. When complainant neglects for 24 hours to advance such money or give such security after he or she has been required by the jailer so to do, the jailer may discharge the person so committed and shall forthwith notify the authority issuing the warrant.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4967. Written waiver of extradition proceedings

§ 4967. Written waiver of extradition proceedings
(a) Any person arrested in this State charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of his or her bail, probation, or parole may waive the issuance and service of the warrant provided for in sections 4947 and 4948 of this title and all other procedure incidental to extradition proceedings, by executing or subscribing in the presence of a judge of any court of record within this State a writing that states that he or she consents to return to the demanding state; provided however, before such waiver shall be executed or subscribed by such person it shall be the duty of such judge to inform such person of his or her rights to the issuance and service of a warrant of extradition and to obtain a writ of habeas corpus as provided for in section 4950 of this title.
(b) If and when such consent has been duly executed, it shall forthwith be forwarded to the office of the Governor of this State and filed therein. The judge shall direct the officer having such person in custody to deliver forthwith such person to the duly accredited agent or agents of the demanding state, and shall deliver or cause to be delivered to such agent or agents a copy of such consent; provided however, that nothing in this section shall be deemed to limit the rights of the accused person to return voluntarily and without formality to the demanding state, nor shall this waiver procedure be deemed to be an exclusive procedure or to limit the powers, rights or duties of the officers of the demanding state or of this State.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4968. Nonwaiver by this State

§ 4968. Nonwaiver by this State
Nothing contained in this subchapter shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this State, or of its right, power or privilege to regain custody of such person by extradition proceedings or otherwise for the purpose of trial, sentence or punishment for any crime committed within this State, nor shall any proceedings had under this subchapter that result in, or fail to result in, extradition be deemed a waiver by this State of any of its rights, privileges or jurisdiction in any way whatsoever.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 4970. Legally protected health care activity exception

§ 4970. Legally protected health care activity exception
Notwithstanding any other provision in this chapter to the contrary, except as required by federal law, the Governor shall not surrender a person charged in another state as a result of engaging in legally protected health care activity as defined in 1 V.S.A. § 150 unless the executive authority of the demanding state alleges in writing that the accused was physically present in the demanding state at the time of the commission of the alleged offense and that thereafter the accused fled from the demanding state. (Added 2023, No. 14, § 6, eff. May 10, 2023.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 5041. Definition

§ 5041. Definition
The term “fresh pursuit” as used in this subchapter shall include fresh pursuit as defined by the common law, and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony or who is reasonably suspected of operating a motor vehicle while under the influence of alcohol. It shall also include the pursuit of a person suspected of having committed a supposed felony, though no felony has actually been committed, if there is reasonable ground for believing that a felony has been committed. Fresh pursuit as used herein shall not necessarily imply instant pursuit, but pursuit without unreasonable delay. (Amended 1985, No. 228 (Adj. Sess.), § 1; 2017, No. 83, § 161(3).)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 5042. Powers of law enforcement officers

§ 5042. Powers of law enforcement officers
Any member of a duly organized state, county, or municipal law enforcement unit of another state of the United States who enters this State in fresh pursuit, and continues within this State in such fresh pursuit, of a person in order to arrest him or her on the ground that he or she is believed to have committed a felony or operated a motor vehicle while under the influence of alcohol in such other state, shall have the same authority to arrest and hold in custody such person as a sheriff of this State has to arrest and hold in custody a person on the ground that he or she is believed to have committed a felony or operated a motor vehicle while under the influence of alcohol in this State. (Amended 1985, No. 228 (Adj. Sess.), § 2; 2017, No. 83, § 161(3).)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 5043. Hearing, commitment, discharge

§ 5043. Hearing, commitment, discharge
If an arrest is made in this State by an officer of another state in accordance with the provisions of section 5042 of this title, he or she shall without unnecessary delay take the person arrested before a Superior judge of the unit in which the arrest was made, who shall conduct a hearing for the purpose of determining the lawfulness of the arrest. If the judge determines that the arrest was lawful, he or she shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this State or admit such person to bail pending the issuance of such warrant. If the judge determines that the arrest was unlawful, he or she shall discharge the person arrested. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 108.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 159 - Extradition and Fresh Pursuit › § 5044. Construction and separability

§ 5044. Construction and separability
Section 5042 of this title shall not be construed so as to make unlawful any arrest in this State that would otherwise be lawful. For the purpose of this subchapter the word “state” shall include the District of Columbia. If any part of this subchapter is for any reason declared void, it is declared to be the intent of this subchapter that such invalidity shall not affect the validity of the remaining portions of this subchapter.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 161 - Inquests as to Criminal Matters › § 5131. Application for inquest

§ 5131. Application for inquest
Upon the written application of the State’s Attorney, a judge of the Superior Court may institute and conduct an inquest upon any criminal matter under investigation by the State’s Attorney. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 109.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 161 - Inquests as to Criminal Matters › § 5132. Procedure

§ 5132. Procedure
A judge may issue necessary process to bring witnesses before him or her to give evidence in any matter there under investigation. The witnesses shall be sworn and paid the same fees as witnesses in the Criminal Division of the Superior Court. A judge so conducting an inquest shall not be disqualified from trying the cause that was the subject of inquiry at such inquest. (Amended 1973, No. 249 (Adj. Sess.), § 51, eff. April 9, 1974; 2009, No. 154, § 238.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 161 - Inquests as to Criminal Matters › § 5133. Stenographer

§ 5133. Stenographer
Upon the approval of the judge and at the expense of the State, a stenographer shall take and transcribe the testimony of the witnesses for the use of the State’s Attorney. The order approving such appointment of the stenographer shall be in writing.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 161 - Inquests as to Criminal Matters › § 5134. Oath of secrecy

§ 5134. Oath of secrecy
Before entering upon his or her duties, such stenographer shall be sworn to keep secret all matters and things coming before the judge at such inquest. Such oath shall be in writing, and the stenographer shall not disclose testimony so taken by him or her except to the Attorney General, State’s Attorney, and the judge holding the inquest. The minutes of testimony so taken shall be the property of the State and the same or copy thereof shall not go out of the possession of such Attorney General, State’s Attorney, or their successors except to an attorney appointed by the Supreme Court or Superior Court to act in the place of or assist a State’s Attorney. However, nothing in this section shall prevent the stenographer from disclosing such evidence on an order of the Supreme or Superior Court, or a prosecuting attorney from disclosing such evidence to a defendant in such manner as the Supreme Court may by rule provide. (Amended 1973, No. 118, § 17, eff. Oct. 1, 1973; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 161 - Inquests as to Criminal Matters › § 5135. Penalty

§ 5135. Penalty
A stenographer approved under section 5133 of this title, who violates a provision of section 5134 of this title, shall be imprisoned not more than one year or fined not more than $1,000.00 nor less than $100.00, or both.
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 161 - Inquests as to Criminal Matters › § 5136. Accounts; forms

§ 5136. Accounts; forms
After the close of such inquest such judge shall forward his or her account forthwith to the Commissioner of Finance and Management, who shall audit the same and issue his or her warrant therefor in favor of such judge. The Commissioner shall prepare and furnish to the proper officers the necessary forms for carrying into effect the provisions of this section. (Added 1959, No. 329 (Adj. Sess.), § 8; 1971, No. 92, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 161 - Inquests as to Criminal Matters › § 5161. Investigation of crime by experts

§ 5161. Investigation of crime by experts
To prevent a failure of Justice, a Superior Judge or the Attorney General may order an examination to be made by an expert or experts, either within or without the State, in the investigation of a crime supposed to have been committed within the State. Such order shall be made only on the petition of the State’s Attorney for the county in which the crime is supposed to have been committed, setting forth the facts because of which the order is applied for, and verified by affidavit, and shall name the expert or experts by whom the examination is to be made, and limit the expense of the examination. Such expense shall be paid in the manner provided for the payment of witness fees in State causes in the Superior Court. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 161 - Inquests as to Criminal Matters › § 5162. Autopsy

§ 5162. Autopsy
Upon the petition of the State’s Attorney, a Superior Judge or the Attorney General may order an autopsy or exhumation and autopsy to be performed by the chief medical examiner or under his or her direction in the preparation of a State cause for trial in any court, or in the interest of public health, welfare, or safety or in the furtherance of the administration of the law. Upon completion of the autopsy, the chief medical examiner shall submit a report to the State’s Attorney and shall complete and sign a certificate of death. (Amended 1969, No. 265 (Adj. Sess.), § 1; 1971, No. 33, § 1.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5201. Definitions

§ 5201. Definitions
In this chapter, the term:
(1) “Detain” means to have in custody or otherwise deprive of freedom of action.
(2) “Expenses,” when used with reference to representation under this chapter, includes the expenses of investigation, other preparation, and trial.
(3) “Needy person” means a person who at the time his or her need is determined is financially unable, without undue hardship, to provide for the full payment of an attorney and all other necessary expenses of representation or who is otherwise unable to employ an attorney.
(4) “Serious crime” includes:
(A) a felony;
(B) a misdemeanor the maximum penalty for which is a fine of more than $1,000.00 or any period of imprisonment unless the judge, at the arraignment but before the entry of a plea, determines and states on the record that he or she will not sentence the defendant to a fine of more than $1,000.00 or a period of imprisonment if the defendant is convicted of the misdemeanor; and
(C) an act that, but for the age of the person involved, would be a serious crime.
(5) “Serious crime” does not include the following misdemeanor offenses unless the judge at arraignment but before the entry of a plea determines and states on the record that a sentence of imprisonment or a fine over $1,000.00 may be imposed on conviction:
(A) [Repealed.]
(B) Big game violations (10 V.S.A. § 4518)
(C) Simple assault by mutual consent (13 V.S.A. § 1023(b))
(D) Bad checks (13 V.S.A. § 2022)
(E) Petit larceny (13 V.S.A. § 2502)
(F) Theft of services under $500.00 (13 V.S.A. § 2582)
(G) Retail theft under $900.00 (13 V.S.A. § 2577)
(H) Unlawful mischief (13 V.S.A. § 3701(c))
(I) Unlawful trespass (13 V.S.A. § 3705(a))
(J) Disorderly conduct (13 V.S.A. § 1026)
(K) Possession of cannabis—first offense (18 V.S.A. § 4230(a)(1))
(L) Violation of municipal ordinances (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 118, § 18, eff. Oct. 1, 1973; 1975, No. 254 (Adj. Sess.), § 25; 1995, No. 21, § 2; 2007, No. 108 (Adj. Sess.), § 2; 2015, No. 147 (Adj. Sess.), § 8, eff. May 31, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5202. Construction with other laws

§ 5202. Construction with other laws
The protections provided by this chapter do not exclude any protection or sanction that the law otherwise provides. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5203. Federal courts

§ 5203. Federal courts
This chapter applies only to representation in or with respect to the courts of this State. It does not prohibit the Defender General, the Deputy Defender General, or public defenders from representing a needy person in a federal court of the United States, if:
(1) the matter arises out of or is related to an action pending or recently pending in a court of criminal jurisdiction of the State;
(2) representation is under a plan of the U.S. District Court as required by the Criminal Justice Act of 1964 (18 U.S.C. § 3006A); or
(3) representation is in or with respect to a matter arising out of or relating to immigration status. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1987, No. 183 (Adj. Sess.), § 22; 2017, No. 177 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5204. Court rules

§ 5204. Court rules
The Supreme Court shall make such rules as shall further the intent and purposes of this chapter. Those rules shall be controlling in all courts of this State. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5205. Court assigned attorneys

§ 5205. Court assigned attorneys
(a) The Supreme Court shall prescribe reasonable rates of compensation for the services of attorneys, assigned under sections 5272 or 5274 of this title, who have not entered into a contract with the Defender General to provide assigned counsel services.
(b) The Defender General shall enter into contract with a member of the bar to serve as assigned counsel coordinator, who shall determine those expenses, necessary to representation, for which assigned counsel shall be reimbursed. The Defender General may not supervise the duties of the assigned counsel coordinator, but the assigned counsel coordinator shall consult with the Defender General concerning the assigned counsel budget.
(c) The Defender General may enter into contracts, as provided by section 5253 of this title, with attorneys to provide assigned counsel services. Payment and expenses of assigned counsel, and of the assigned counsel coordinator, shall be made from funds appropriated to the Office of the Defender General for the compensation of assigned counsel. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1981, No. 146 (Adj. Sess.), § 1, eff. April 8, 1982.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5206. Appointment of counsel by court; use of uncounseled convictions

§ 5206. Appointment of counsel by court; use of uncounseled convictions
(a) Prior to any decision regarding the appointment of counsel under the provisions of subdivisions 5201(4)(B) and (5) of this title, the judge shall inquire of the prosecutor whether a term of imprisonment or a fine over $1,000.00 will be sought.
(b) At the request of the prosecutor or on the judge’s own motion, at any time prior to the commencement of trial and if there is a change of circumstances or new information, the judge may vacate the commitment to not sentence the defendant to a fine of not more than $1,000.00 or to a period of incarceration upon conviction. If the judge vacates the commitment, the judge shall inform the defendant of the right to apply for the appointment of counsel at State expense.
(c) A prior uncounseled criminal conviction of a crime listed in subdivisions (A) through (L) of subdivision (5) of section 5201 of this title in which counsel was denied and the defendant was otherwise entitled to appointed counsel under this subchapter, shall not be used to subject that defendant to the enhanced statutory penalty for a subsequent conviction for the same offense.
(d) Notwithstanding subdivision 5201(4)(B) of this title, a needy person who is charged with an offense which provides for a felony penalty for the next subsequent conviction for the same offense shall be entitled to counsel under this chapter. (Added 1995, No. 21, § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5231. Right to representation, services, and facilities

§ 5231. Right to representation, services, and facilities
(a) A needy person who is being detained by a law enforcement officer without charge or judicial process, or who is charged with having committed or is being detained under a conviction of a serious crime, is entitled:
(1) To be represented by an attorney to the same extent as a person having his or her own counsel; and
(2) To be provided with the necessary services and facilities of representation. Any such necessary services and facilities of representation that exceed $1,500.00 per item must receive prior approval from the court after a hearing involving the parties. The court may conduct the hearing outside the presence of the State, but only to the extent necessary to preserve privileged or confidential information. This obligation and requirement to obtain prior court approval shall also be imposed in like manner upon the Attorney General or a State’s Attorney prosecuting a violation of the law.
(b) The attorney, services and facilities, and court costs shall be provided at public expense to the extent that the person, at the time the court determines need, is unable to provide for the person’s payment without undue hardship. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1995, No. 178 (Adj. Sess.), § 63; 2009, No. 33, § 34.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5232. Particular proceedings

§ 5232. Particular proceedings
Counsel shall be assigned under section 5231 of this title to represent needy persons in any of the following:
(1) extradition proceedings;
(2) habeas corpus and other proceedings wherein the person is confined in a penal or mental institution in this state and seeks release therefrom; or
(3) proceedings arising out of a petition brought in a juvenile court when the court deems the interests of justice require representation of either the child or his or her parents or guardian or both, including any subsequent proceedings arising from an order therein. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5233. Extent of services

§ 5233. Extent of services
(a) A needy person who is entitled to be represented by an attorney under section 5231 of this title is entitled:
(1) to be counseled and defended at all stages of the matter beginning with the earliest time when a person providing the person’s own counsel would be entitled to be represented by an attorney and including revocation of probation or parole;
(2) to be represented in any appeal; and
(3) to be represented in any other postconviction proceeding which may have more than a minimal effect on the length or conditions of detention where the attorney considers:
(A) the claims, defenses, and other legal contentions to be warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law; and
(B) the allegations and other factual contentions to have evidentiary support, or likely to have evidentiary support after a reasonable opportunity for further investigation and discovery.
(b) A needy person’s right to a benefit under this section is not affected by having provided a similar benefit at the person’s own expense, or by having waived it, at an earlier stage. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 2003, No. 157 (Adj. Sess.), § 10, eff. June 8, 2004; 2015, No. 137 (Adj. Sess.), § 6, eff. May 25, 2016.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5234. Notice of rights; representation provided

§ 5234. Notice of rights; representation provided
(a) If a person who is being detained by a law enforcement officer without charge or judicial process, or who is charged with having committed or is being detained under a conviction of a serious crime, is not represented by an attorney under conditions in which a person having his or her own counsel would be entitled to be so represented, the law enforcement officer, magistrate, or court concerned shall:
(1) Clearly inform him or her of the right of a person to be represented by an attorney and of a needy person to be represented at public expense; and
(2) If the person detained or charged does not have an attorney and does not knowingly, voluntarily and intelligently waive his or her right to have an attorney when detained or charged, notify the appropriate public defender that he or she is not so represented. This shall be done upon commencement of detention, formal charge, or post-conviction proceeding, as the case may be. As used in this subsection, the term “commencement of detention” includes the taking into custody of a probationer or parolee.
(b) Upon commencement of any later judicial proceeding relating to the same matter, the presiding officer shall clearly inform the person so detained or charged of the right of a needy person to be represented by an attorney at public expense.
(c) Information given to a person by a law enforcement officer under this section is effective only if it is communicated to a person in a manner meeting standards under the constitution of the United States relating to admissibility in evidence against him or her of statements of a detained person.
(d) Information meeting the standards of subsection (c) of this section and given to a person by a law enforcement officer under this section gives rise to a rebuttable presumption that the information was effectively communicated if:
(1) It is in writing or otherwise recorded;
(2) The recipient records his or her acknowledgment of receipt and time of receipt of the information; and
(3) The material so recorded under subdivisions (1) and (2) of this subsection is filed with the court next concerned. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 109, § 8, eff. 30 days from April 25, 1973.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5235. Notice to public defender

§ 5235. Notice to public defender
If a law enforcement officer, magistrate, or court determines that a person is entitled to be represented by an attorney at public expense, the officer, magistrate, or court, as the case may be, shall promptly notify the appropriate public defender. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5237. Waiver

§ 5237. Waiver
A person who has been appropriately informed under section 5234 of this title may waive in writing, or by other record, any right provided by this chapter, if the court, at the time of or after waiver, finds of record that he has acted with full awareness of his rights and of the consequences of a waiver and if the waiver is otherwise according to law. The court shall consider such factors as the person’s age, education, and familiarity with the English language, and the complexity of the crime involved. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5239. Public Defender Special Fund

§ 5239. Public Defender Special Fund
(a) The Public Defender Special Fund is hereby created. All co-payments, reimbursements, and assignment fees paid by persons receiving representation under this chapter, as well as all amounts recovered pursuant to section 5255 of this title and 23 V.S.A. § 1210(j), shall be deposited in the Fund.
(b) The Special Fund created by subsection (a) of this section shall be organized and managed as follows:
(1) The Fund shall be managed on the State Central Accounting System under the control of the Commissioner of Finance and Management with the actual monies held under the authority and responsibility of the State Treasurer.
(2) [Repealed.]
(3) All interest earned by the Fund shall be credited to the General Fund.
(4) All monies to be expended from the Fund shall be appropriated annually by the General Assembly, or allocated pursuant to the authority granted by the General Assembly to the Commissioner of Finance and Management with regard to excess receipts.
(5) Expenditures from the Fund shall not exceed available revenues, except that the Commissioner of Finance and Management may anticipate receipts to the Fund and issue warrants based thereon, and in so doing may establish limits on expenditures in anticipation of receipts.
(6) All cash balances in the Fund at the end of the fiscal year shall be carried forward and remain in the Fund unspent until authorized by the General Assembly.
(7) All monies remaining in the Fund when it is terminated shall revert to the General Fund.
(8) Any negative cash balance in the Fund at the end of a fiscal year shall be carried forward and applied against the Fund’s receipts for the next fiscal year. (Added 1991, No. 231 (Adj. Sess.), § 3, eff. May 28, 1992; amended 1993, No. 60, § 58, eff. May 28, 1993; 1993, No. 210 (Adj. Sess.), § 55, eff. June 17, 1994; 1995, No. 77 (Adj. Sess.), § 10, eff. Mar. 21, 1996; 2009, No. 67 (Adj. Sess.), § 85, eff. Feb. 25, 2010; 2011, No. 56, § 8, eff. May 31, 2011.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5240. Collection of reimbursements

§ 5240. Collection of reimbursements
(a) If persons receiving representation under this chapter fail to make reimbursement on the date specified in the court order, the Court Administrator shall refer the uncollected reimbursement orders to the Commissioner of Taxes, and the Commissioner is authorized to proceed to collection in the name of the State.
(b) The Commissioner is authorized to use setoff debt collection, as provided in 32 V.S.A. §§ 5931-5940, for collecting reimbursements.
(c) The Commissioner of Taxes is authorized to contract with private collection agencies for the sole purpose of collection of reimbursements imposed by judicial order, and such order shall be deemed reasonable notice of the debt. The Commissioner may agree to pay a collection agency a fixed rate or a percentage of the amount actually collected and remitted to the State. Notwithstanding 32 V.S.A. § 502, the Commissioner may charge against such collections any cost of such collections.
(d) If a person provided representation under this chapter is convicted of a crime in the matter for which representation was provided, the sentence shall include an order to pay any reimbursements ordered and unpaid. The order shall be enforced as a condition of probation, supervised community sentence, or parole if the convicted person is sentenced to probation, supervised community sentence, or imprisonment and later placed on parole.
(e) The amount specified to be paid by a reimbursement order shall be considered a fine, forfeiture, or penalty for purposes of section 7171 of this title and may be collected as provided in that section. (Added 1991, No. 231 (Adj. Sess.), § 4, eff. May 28, 1992; amended 2011, No. 128 (Adj. Sess.), § 39.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5241. Ineffective assistance claim

§ 5241. Ineffective assistance claim
(a) No action shall be brought for professional negligence against a criminal defense attorney under contract with or providing ad hoc legal services for the Office of the Defender General unless the plaintiff has first successfully prevailed in a claim for postconviction relief based upon ineffective assistance of counsel in the same or a substantially related matter. Failure to prevail in a claim for postconviction relief based upon ineffective assistance of counsel under contract with or providing ad hoc legal services for the Office of the Defender General shall bar any claim against the attorney based upon the attorney’s representation in the same or a substantially related matter.
(b) In the performance of duties pursuant to a contract with or providing ad hoc legal services to the Office of the Defender General, an attorney shall have the benefit of immunity to the same extent as an attorney employed by the Defender General. (Added 2011, No. 100 (Adj. Sess.), § 1; amended 2015, No. 58, § E.203, eff. June 11, 2015; 2017, No. 177 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5251. Creation of office

§ 5251. Creation of office
The Office of Defender General is established. The Office shall consist of the Defender General who shall be the head of the Office, a Deputy Defender General, if one is appointed in accordance with subsection 5253(e) of this title, and such public defenders and deputy public defenders selected by the Defender General and within the limits of funds and staffing authorized by the General Assembly. (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 266 (Adj. Sess.), § 2; 1981, No. 146 (Adj. Sess.), § 2, eff. April 8, 1982; 1987, No. 183 (Adj. Sess.), § 23.)
2023 Vermont Statutes › Title 13 - Crimes and Criminal Procedure › Chapter 163 - Public Defenders › § 5252. Appointment; compensation

§ 5252. Appointment; compensation
(a) The Defender General shall be appointed by the Governor subject to the advice and consent of the Senate.
(b) There shall be included in the qualifications for appointment that the Defender General shall be an attorney-at-law who has been engaged in the practice of law or as a judge in the State of Vermont for a period of at least five out of the 10 years preceding his or her appointment. Further, he or she shall be an attorney or judge who has spent a substantial part of his or her last five years in the practice of criminal law or presiding over the adjudication of criminal cases.
(c) The Defender General shall be appointed for a term of four years and until his or her successor is appointed and qualified.
(d) [Repealed.] (Added 1971, No. 161 (Adj. Sess.), § 6, eff. date, see note; amended 1973, No. 266 (Adj. Sess.), § 3; 1975, No. 227 (Adj. Sess.), § 5, eff. April 7, 1976; 1977, No. 109, § 33(g).)