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Terms Used In Vermont Statutes Title 13 Sec. 5305

  • Affected person: means any of the following persons who has requested notification in writing from the court or the Department of Corrections:

  • Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Listed crime: means any of the following offenses:

  • 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
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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
  • Testify: Answer questions in court.
  • 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

§ 5305. Information concerning release from custody

(a) Victims and affected persons shall have the right to request notification by the agency having custody of the defendant before the defendant is released, including a release on bail or conditions of release, furlough, or other community program; upon termination or discharge from probation; or whenever the defendant escapes, is recaptured, dies, or receives a pardon or commutation of sentence. Notice shall be given to the victim or affected person as expeditiously as possible at the address or telephone number provided to the agency having custody of the defendant by the person requesting notice. Any address or telephone number so provided shall be kept confidential. The prosecutor’s office shall ensure that victims are made aware of their right to notification of an offender’s scheduled release date pursuant to this section. Notwithstanding this subsection, the right to information for victims of delinquent acts is governed by 33 V.S.A. § chapters 52 and 52A.

(b) If the defendant is released on conditions at arraignment, the prosecutor’s office shall inform the victim of a listed crime of the conditions of release.

(c) If requested by a victim of a listed crime, the Department of Corrections shall:

(1) at least 30 days before a parole board hearing concerning the defendant, inform the victim of the hearing and of the victim’s right to testify before the parole board or to submit a written statement for the parole board to consider; and

(2) promptly inform the victim of the decision of the parole board, including providing to the victim any conditions attached to the defendant’s release on parole. (Added 1985, No. 182 (Adj. Sess.), § 2; amended 1989, No. 290 (Adj. Sess.), § 3; 1995, No. 170 (Adj. Sess.), § 4, eff. Sept. 1, 1996; 2015, No. 155 (Adj. Sess.), § 1; 2019, No. 148 (Adj. Sess.), § 15, eff. Jan. 1, 2021; 2021, No. 160 (Adj. Sess.), § 6, eff. June 1, 2022.)