Title 13, Title 13: Crimes and Criminal Procedure

§ 5355. Approval or rejection of application (a) After review of the evidence relevant to the application for compensation, the Board shall approve the application if a preponderance of the evidence shows that as a direct result of the crime an injury occurred that resulted in a …

§ 5356. Amount of compensation (a) If the application is approved, the Board shall authorize cash payments, not to exceed $10,000.00, to or on behalf of the applicant, equal to the unreimbursed pecuniary loss directly resulting from the injury or death of the victim. Applications…

§ 5357. Subrogation; lien; disposition of proceeds The State shall be subrogated to the rights of the victim, assignee, heir, or dependent to whom cash payments are granted to the extent of the cash payments granted, less the amount of any fine imposed by the court on the perpetr…

§ 5358. Duties of law enforcement agency Every law enforcement agency shall inform victims of crimes and their dependents of the provisions of this chapter and provide application forms to persons who desire to seek compensation. The Board shall provide application forms and othe…

§ 5358a. Application information; confidentiality (a) All documents reviewed by the Victims Compensation Board for purposes of approving an application for compensation shall be confidential and shall not be disclosed without the consent of the victim except as provided in this s…

§ 5359. Victims Compensation Special Fund (a) There is created a fund to be known as the Victims Compensation Fund. This Fund shall be administered by the Victims Compensation Board established by section 5352 of this title. The purpose of this Fund shall be to support the activi…

§ 5360. Domestic and Sexual Violence Special Fund A Domestic and Sexual Violence Special Fund is established, to be managed in accordance with 32 V.S.A. chapter 7, subchapter 5 and administered by the Center for Crime Victim Services created in section 5361 of this title. The rev…

§ 5361. Center for Crime Victim Services (a) The Center for Crime Victim Services is created and shall be responsible for the following: (1) strengthen and coordinate programs serving crime victims; (2) promote the rights and needs of crime victims statewide; (3) [Repealed.] (4) …

§ 5362. Restitution Unit (a) A Restitution Unit is created within the Center for Crime Victim Services for purposes of ensuring that crime victims receive restitution when it is ordered by the court. (b) The Restitution Unit shall administer the Restitution Fund established under…

§ 5363. Crime Victims’ Restitution Special Fund (a) There is hereby established in the State Treasury a fund to be known as the Crime Victims’ Restitution Special Fund, to be administered by the Restitution Unit established by section 5362 of this title, and from which payments m…

§ 5364. Subrogation lien The State shall be subrogated to the rights of the victim, assignee, heir, or dependent to whom restitution payments are made to the extent of the payments made. The State shall have a lien therefor and may commence an action or intervene in any action to…

§ 5365. Access to financial records (a) As used in this section: (1) “Depositor” means an owner of an account in a financial institution and includes “share account holders” of credit unions. (2) “Financial institution” means a savings and loan association, a trust company, a sav…

§ 5366. Delay in debt collection by health care provider (a) When a person files a claim under this chapter, no health care provider that has been given notice of the claim shall conduct any debt collection activities relating to medical or dental treatment received by the person…

§ 5401. Definitions As used in this subchapter: (1) “Address” means the actual location of the sex offender’s dwelling, including the street address, if any. (2) “Department” means the Department of Public Safety. (3) “Local law enforcement agency” means the municipal police depa…

§ 5402. Sex Offender Registry (a) The Department of Public Safety shall establish and maintain a Sex Offender Registry, that shall consist of the information required to be filed under this subchapter. (b) All information contained in the Registry may be disclosed for any purpose…

§ 5403. Reporting to Department of Public Safety (a) Upon conviction and prior to sentencing, the court shall order the sex offender to provide the court with the following information, which the court shall forward to the Department forthwith: (1) name; (2) date of birth; (3) cu…

§ 5404. Reporting upon release from confinement or supervision (a) Upon receiving a sex offender from the court on a probationary sentence or supervised community sentence and prior to releasing a sex offender from a correctional facility to serve probation, parole, furlough, or …

§ 5405. Court determination of sexually violent predators (a) The General Assembly finds that some sexual offenders should be subject to increased sex offender registry and community notification procedures. It is the intent of the General Assembly that State’s Attorneys utilize …

§ 5405a. Court determination of Sex Offender Registry requirements (a)(1) The court shall determine at sentencing whether Sex Offender Registry requirements apply to the defendant. (2) If the State and the defendant do not agree as to the applicability of Sex Offender Registry re…

§ 5406. Department of Corrections duty to provide notice Upon receiving a sex offender from the court on a probationary sentence or any alternative sentence under community supervision by the Department of Corrections, or upon the release of a sex offender from a correctional fac…

§ 5407. Sex offender’s responsibility to report (a) Except as provided in section 5411d of this title, a sex offender shall report to the Department as follows: (1) if convicted of a registry offense in another state, within 10 days after either establishing residence in this Sta…

§ 5408. Record of addresses; arrest warrant The Department shall maintain a record of the addresses of all sex offenders. The record shall be updated at least every three months. At any time, if the Department is unable to verify the whereabouts and address of a sex offender subj…

§ 5409. Penalties (a) Except as provided in subsection (b) of this section, a sex offender who knowingly fails to comply with any provision of this subchapter shall: (1) Be imprisoned for not more than two years or fined not more than $1,000.00, or both. A sentence imposed under …

§ 5410. Victim notification If requested by a victim, the Department shall promptly notify the victim of the initial registration of a sex offender and any time the sex offender changes address, where such disclosure is necessary to protect the victim or the public concerning a p…

§ 5411. Notification to local law enforcement and local community (a) Upon receiving a sex offender’s registration materials from the Department of Corrections, notification that a nonresident sex offender has crossed into Vermont for the purpose of employment, carrying on a voca…

§ 5411a. Electronic posting of the Sex Offender Registry [Effective upon contingency being met] (a) Notwithstanding 20 V.S.A. §§ 2056a-2056e, the Department shall electronically post information on the internet in accordance with subsection (b) of this section regarding the follo…

§ 5411b. Designation of high-risk sex offender (a) The Department of Corrections shall evaluate a sex offender for the purpose of determining whether the offender is “high-risk” as defined in section 5401 of this title. The designation of high-risk under this section is for the p…

§ 5411c. Active community notification by the Department of Public Safety, the Department of Corrections, and local law enforcement (a) Notwithstanding other provisions to the contrary, the Department, the Department of Corrections, and any authorized local law enforcement agency…

§ 5411d. Designation of noncompliant high-risk sex offender (a) Prior to releasing a person from total confinement, the Department of Corrections shall designate the person as a noncompliant high-risk sex offender if the person meets all of the following criteria: (1) is incarcer…

§ 5412. Immunity The Department, the Department of Corrections, any authorized local law enforcement agency, and their employees shall be immune from liability in carrying out the provisions under this subchapter except in instances of gross negligence or willful misconduct, prov…

§ 5413. Expungement of records A person whose conviction of a sex offense is reversed and dismissed shall not be required to register for that conviction under the provisions of this subchapter and any information about that conviction contained in the Registry shall be removed a…

§ 5414. Participation in national sex offender registration The Department shall participate in the National Sex Offender Registry Program managed by the Federal Bureau of Investigation in accordance with guidelines issued by the U.S. Attorney General, including transmission of c…

§ 5415. Enforcement; special investigation units (a) Special investigation units, created pursuant to 24 V.S.A. § 1940, shall be responsible for the investigation of violations of this chapter’s Registry requirements and are authorized to conduct in-person Registry compliance che…

§ 5416. Persons subject to erroneous Sex Offender Registry requirements; petition to correct (a) A person may petition the court for an order declaring that the person has been inadvertently subject to erroneous Sex Offender Registry requirements and directing the Department of P…

§ 5421. Notice of profits from a crime (a) Every person, firm, corporation, partnership, association, or other legal entity that knowingly contracts for, pays, or agrees to pay any profits from a crime, as defined in subdivision 5351(8) of this title, to a person charged with or …

§ 5422. Actions to recover profits from a crime (a) Notwithstanding any other provision of law, including any statute of limitations, any crime victim shall have the right to bring a civil action in a court of competent jurisdiction to recover money damages from a person convicte…

§ 5431. Definition; certification (a) As used in this subchapter, “SANE” means a sexual assault nurse examiner. (b) A person licensed under 26 V.S.A. chapter 28 (nursing) may obtain a specialized certification from the SANE Program as a sexual assault nurse examiner if he or she …

§ 5432. SANE Board (a) The SANE Board is created for the purpose of advising the Sexual Assault Nurse Examiners Program. (b) The SANE Board shall be composed of the following members: (1) the Executive Director of the Vermont State Nurses Association or designee; (2) the Presiden…

§ 5433. SANE Program Clinical Coordinator A clinical coordinator position shall be funded by either the Vermont Center for Crime Victim Services or through other identified State funding options for the purpose of staffing the SANE Program. The position shall be contracted throug…

§ 5435. Access to a sexual assault nurse examiner (a) On or before September 1, 2017, the Vermont Association of Hospitals and Health Systems (VAHHS) and the Vermont SANE Program shall enter into a memorandum of understanding (MOU) to ensure improved access to sexual assault nurs…