Title 13, Title 13: Crimes and Criminal Procedure

§ 7001. Conviction by court having jurisdiction A person shall not be punished for an offense unless he or she is convicted thereof in a court having jurisdiction of the cause and the person.

§ 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 acce…

§ 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 qu…

§ 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 s…

§ 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…

§ 7171. Collection by complaint, information, or indictment (a) Fines, forfeitures, and penalties incurred or imposed by statute may be recovered by complaint, information, or indictment, unless some other mode of recovery is specially provided. (b) The Court Administrator is aut…

§ 7172. Liability of person fined; security; imprisonment (a) A person fined for the breach of a penal law or other offense shall pay such fine or give sufficient security for the same, or shall be imprisoned by order of the court before which the trial is had, as provided in suc…

§ 7173. Mittimus against property of respondent A mittimus issued by a court for the collection of a penalty, and fine in criminal prosecutions, in the discretion of such court, in addition to the prescribed form, may be issued against the goods, chattels, or lands of the respond…

§ 7178. Suspension of fines A Superior judge, in his or her discretion, may suspend all or any part of the fine assessed against a respondent. (Amended 1969, No. 131, § 7, eff. April 23, 1969; 1969, No. 222 (Adj. Sess.), § 4; 1973, No. 249 (Adj. Sess.), § 57, eff. April 9, 1974; …

§ 7179. Fines not dischargeable in bankruptcy A criminal fine owed to the State shall be nondischargeable, to the maximum extent provided under 11 U.S.C. § 523, in the U.S. Bankruptcy Court and shall not be subject to a statute of limitations. (Added 2001, No. 134 (Adj. Sess.), §…

§ 7180. Remedies for failure to pay fines, costs, surcharges, and penalties (a) As used in this section: (1) “Amount due” means all financial assessments, including penalties, fines, surcharges, court costs, and any other assessments imposed by statute as part of a sentence for a…

§ 7251. Municipalities; payment to and liability of (a) Fines, forfeitures, and penalties, imposed by the District or Superior court or by the Judicial Bureau for violation of a village, town, or city ordinance shall be paid to the village, town, or city, respectively, except for…

§ 7252. Fines and penalties payable to State All fines, forfeitures, and penalties received by the District or Superior court or by the Judicial Bureau, except as provided in section 7251 of this title, shall belong and be paid to the State, except for a $12.50 administrative cha…

§ 7253. Payment of costs by State The costs of prosecution for the breach of a penal law or other offense, except as provided in section 7251 of this title, shall be paid out of the treasury of the State.

§ 7254. Unorganized towns and gores Unless otherwise disposed of by law, fines, forfeitures, and penalties imposed on a person residing in an unorganized town or gore, shall belong and be paid to the State. (Amended 1969, No. 131, § 15, eff. April 23, 1969.)

§ 7255. Exceptions where respondent committed in default of payment When the penalty is wholly or partly by fine payable to the treasurer of a county, town, or village, if the respondent is committed in default of payment, the fine shall be payable to the State, and the costs sha…

§ 7259. Private prosecutors—Liability for and right to costs When a person other than an informing officer, becomes a prosecutor, he or she shall enter his or her name and place of residence at the foot of the complaint, information or indictment, and shall be liable to pay costs…

§ 7260. Recognizance to respondent The prosecutor shall, before a warrant issues for the arrest of the respondent, enter into a recognizance with surety to the respondent, conditioned to prosecute to effect, or, on failure thereof, to pay the costs adjudged to the respondent.

§ 7261. Prosecutor to advance fees The prosecutor shall advance the fees and incur the expenses of prosecution in the same manner as in civil causes, and no treasury shall be liable for the same.

§ 7262. Travel expenses (a) Any person extradited to the State of Vermont on the basis of one or more criminal offenses alleged to have been committed in the State of Vermont against whom all charges are subsequently dismissed, either by the State’s Attorney or the Attorney Gener…

§ 7282. Surcharge (a) In addition to any penalty or fine imposed by the court for a criminal offense or any civil penalty imposed by the Judicial Bureau for a traffic violation, including any violation of a fish and wildlife statute or regulation, violation of a motor vehicle sta…

§ 7401. Appeal In criminal actions or proceedings, the defendant may appeal to the Supreme Court as of right all questions of law involved in any judgment of conviction and in any other order or judgment as to which the State has appealed, provided that if the State fails to perf…

§ 7403. Appeal by the State (a) In a prosecution for a misdemeanor, questions of law decided against the State shall be allowed and placed upon the record before final judgment. The court may pass the same to the Supreme Court before final judgment. The Supreme Court shall hear a…

§ 7405. Bail forfeited in Supreme Court When a respondent forfeits his or her bail after conviction in a District or Superior Court and after going at large upon bail for his or her appearance before the Supreme Court, the Supreme Court shall render judgment that the bonds are fo…

§ 7551. Imposition of bail, secured appearance bonds, and appearance bonds (a) Bonds; generally. A bond given by a person charged with a criminal offense or by a witness in a criminal prosecution under section 6605 of this title, conditioned for the appearance of the person or wi…

§ 7553. Release in cases punishable by life imprisonment A person charged with an offense punishable by life imprisonment when the evidence of guilt is great may be held without bail. If the evidence of guilt is not great, the person shall be bailable in accordance with section 7…

§ 7553a. Acts of violence; denial of release on bail (a) A person charged with an offense that is a felony, an element of which involves an act of violence against another person, may be held without bail when the evidence of guilt is great and the court finds, based upon clear a…

§ 7553b. Right to speedy trial if bail is denied (a) Except in the case of an offense punishable by death or life imprisonment, if a person is held without bail prior to trial, the trial of the person shall be commenced not more than 60 days after bail is denied. (b) If the trial…

§ 7554. Release prior to trial (a) Release; conditions of release. Any person charged with an offense, other than a person held without bail under section 7553 or 7553a of this title, shall at the person’s appearance before a judicial officer be ordered released pending trial in …