Title 13, Title 13: Crimes and Criminal Procedure

§ 7031. Form of sentences; maximum and minimum terms (a) When a respondent is sentenced to any term of imprisonment, other than for life, the court imposing the sentence shall not fix the term of imprisonment, unless the term is definitely fixed by statute, but shall establish a …

§ 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 a…

§ 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 mitt…

§ 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 …

§ 7039. Manner of committing to jail When a prisoner is committed to jail on criminal process, the commitment shall be in the manner prescribed for commitments on civil process.

§ 7041. Deferred sentence (a) Upon an adjudication of guilt and after the filing of a presentence investigation report, the court may defer sentencing and place the respondent on probation upon such terms and conditions as it may require if a written agreement concerning the defe…

§ 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 initiat…

§ 7043. Restitution (a)(1) Restitution shall be considered in every case in which a victim of a crime, as defined in subdivision 5301(4) of this title, has suffered a material loss. (2) For purposes of this section, “material loss” means uninsured property loss, uninsured out-of-…

§ 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 …

§ 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 G…

§ 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, …

§ 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 t…

§ 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.)

§ 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, deter…

§ 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.)

§ 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.)

§ 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 …

§ 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…