Code of Vermont Rules › Agency 80 - ADMINISTRATIVE AND ADVISORY AGENCIES › Sub-Agency 220 - VERMONT VICTIMS COMPENSATION PROGRAM › Chapter 002 - ADMINISTRATIVE RULES GOVERNING THE CRIME VICTIMS' RESTITUTION SPECIAL FUND AND RELATED POLICIES › Section 80 220 002 - ADMINISTRATIVE RULES GOVERNING THE CRIME VICTIMS' RESTITUTION SPECIAL FUND AND RELATED POLICIES

Current through June, 2024
Authority
These Restitution Unit Rules are promulgated pursuant to the
				authority granted in
				13 V.S.A. §
										5362(c)(5) and
				3
				V.S.A. § 831(a).
The Restitution Unit Rules (referred to herein as "RUR") are
				intended to govern payment of amounts to the victims of crime whose offenders
				have been required to pay restitution as part of their sentence or
				rehabilitation, particularly:
Advance payment of restitution from the Special Restitution
				Fund, Investigations of and adjustments to the amount of restitution ordered,
				Donations to the Restitution Special Fund, Approval of Victim Service Agencies,
				Determinations of acts and actors involved in a Crime Spree, Setoff procedures
				employed by the Restitution Unit, and The appeals of determinations made by the
				Restitution Unit.
Section I Defined
			 Terms
(a) When used in these Rules, the
			 following words and phrases shall have the meaning attributed to them below:
Administrative Hearing
The phrase "Administrative Hearing" means the hearing
						  portion of an Administrative Review conducted by the Restitution Unit Hearing
						  Panel.
Administrative Review
The phrase "Administrative Review" means the process by
						  which parties aggrieved by a determination made by the Restitution Unit may
						  request that the Restitution Unit reconsider such determination.
Advance Factor
The phrase "Advance Factor" means the mathematical
						  factor by which advance payments to be made to Victims affected by a Crime
						  Spree are to be reduced.
Advance Payment
The phrase "Advance Payment" means a payment of
						  restitution to a Victim from the Restitution Special Fund made without regard
						  to the Offender's payment.
Advance
The word "Advance" means the maximum amount a Victim is
						  eligible to receive from the Restitution Special Fund (the lesser of the amount
						  of restitution ordered or $ 10,000.00).
Appeal
The word "Appeal" means the process by which an
						  aggrieved party may challenge a determination by the Restitution Unit as
						  provided by Section X - Administrative Review.
Board of Directors
The phrase "Board of Directors" means the Board of
						  Directors of the Victim Compensation Fund, unless another group of individuals
						  is duly appointed to serve as a board of directors for the Restitution
						  Unit.
Crime Spree
The phrase "Crime Spree" as used in these Rules means
						  one or more criminal acts, perpetrated by one or more persons, that result in
						  uninsured financial losses suffered by multiple victims, when the acts are so
						  related in time, or by their nature, as to indicate an underlying common scheme
						  or plan.
Donation
The word "Donation" means any amounts deposited in the
						  Restitution Special Fund that have been determined to be donations under RUR
						  III.
Investigation
The word "Investigation" means the process by which the
						  Restitution Unit examines Restitution claims.
Offender
The word "Offender" means an individual who has been
						  required to pay restitution under
						  13 V.S.A. §
																7043.
Restitution Special Fund
The phrase "Restitution Special Fund" means the Crime
						  Victims' Restitution Special Fund established by
						  13 V.S.A. §
																5363.
Restitution
The word "Restitution" is used in its most restrictive
						  sense and means only money that is required to be paid by an Offender to the
						  Restitution Unit pursuant to
						  13 V.S.A. §
																7043.
Rules
The word "Rules" means these Restitution Unit Rules (or
						  RUR).
Setoff
The word "Setoff" means the process by which the
						  Restitution Unit intercepts monies owed by the State of Vermont to Offenders
						  who have unpaid Restitution so that the monies may be applied to satisfy the
						  Offender's Restitution obligations.
Special Fund Balance
The phrase "Special Fund Balance" means the amount of
						  money in the Restitution Special Fund that is available for Advance Payment to
						  Victims.
Victim Service Agency
The phrase "Victim Service Agency" means an
						  organization that has been approved by the Restitution Unit pursuant to RUR
						  IV.
Victim
The word "Victim" means a person that has incurred a
						  "material loss" (as defined in
						  13 V.S.A. §
																7043 ).