Vermont Statutes Title 13 Sec. 5304
Terms Used In Vermont Statutes Title 13 Sec. 5304
- Disposition: means the sentencing or determination of penalty or punishment to be imposed upon a person convicted of a crime or against whom a finding of sufficient facts for conviction is made. See
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Justice: when applied to a person, other than a Justice of the Supreme Court, shall mean a justice of the peace for the county for which he or she is elected or appointed. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Release: means release from a correctional facility to furlough or to probation or parole supervision, release from a correctional facility upon expiration of sentence or release from a correctional facility on bail after the defendant's initial appearance. See
- Restitution: means money or services that a court orders a defendant to pay or render to a victim as a part of the disposition. See
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Victim: means a person who sustains physical, emotional, or financial injury or death as a direct result of the commission or attempted commission of a crime or act of delinquency and shall also include the family members of a minor, a person who has been found to be incompetent, or a homicide victim. See
- Victim advocate: work with prosecutors and assist the victims of a crime.
§ 5304. Victim Advocate Program
(a) The Department of State‘s Attorneys and Sheriffs shall maintain the Victim Advocate Program. Except as otherwise provided by law, victim advocates shall provide victims the following services:
(1) Information. Victims shall be informed as to the level of protection available, procedures to be followed in order to receive applicable witness fees, the right to seek restitution as an element of the final disposition of the case, and the right to appear at sentencing in accordance with section 7006 of this title.
(2) Notification. Victims shall be notified in a timely manner when a court proceeding involving their case is scheduled to take place and when a court proceeding to which they have been summoned will not take place as scheduled. Victims shall also be notified as to the final disposition of the case and shall be notified of their right to request notification of a person‘s release or escape under section 5305 of this title. Notwithstanding this subdivision, the notification rights of victims of delinquent acts are governed by 33 V.S.A. § chapters 52 and 52A.
(3) Services. Victims shall be entitled to:
(A) receive support from the victim advocate and referrals for further services;
(B) information and guidance in obtaining financial assistance and minimizing loss of pay or other benefits resulting from involvement in the criminal justice process;
(C) information and guidance in documenting and preparing requests for restitution and insurance reimbursement;
(D) assistance in obtaining protection through local law enforcement agencies from harm and threats of harm arising out of their cooperation with the court system;
(E) assistance in the return of property from law enforcement agencies; and
(F) assistance and support in dealing with law enforcement agencies.
(b) A victim may decline any service provided by the Victim Advocate Program under this section. (Added 1985, No. 182 (Adj. Sess.), § 2, eff. Sept. 1, 1986; amended 1989, No. 290 (Adj. Sess.), § 2; 1991, No. 263 (Adj. Sess.), § 2; 1995, No. 170 (Adj. Sess.), § 3, eff. Sept. 1, 1996; 2015, No. 97 (Adj. Sess.), § 75; 2021, No. 160 (Adj. Sess.), § 5, eff. June 1, 2022; 2023, No. 9, § 1, eff. April 25, 2023.)