The Vermont Statutes Online
The Statutes below include the actions of the 2024 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Title 3: Executive
Chapter 007: Attorney General
- Subchapter 001: ELECTION; AUTHORITY; DUTIES
§ 151. Election and term
An Attorney General shall be elected at the same time and in the same manner as provided for the election of other State officers. He or she shall be sworn to the faithful discharge of his or her duties. His or her term of office shall commence when his or her election is declared by the committee appointed by the Senate and House of Representatives to canvass the votes, agreeably with 17 V.S.A. § 2592, or when elected by the General Assembly pursuant to said section, and continue for a term of two years.
§ 152. Scope of authority
The Attorney General may represent the State in all civil and criminal matters as at common law and as allowed by statute. The Attorney General shall also have the same authority throughout the State as a State’s Attorney. The Attorney General shall represent members of the General Assembly in all civil matters arising from or relating to the performance of legislative duties. (Amended 1969, No. 266 (Adj. Sess.), § 1, eff. April 8, 1970; 2018, No. 11 (Sp. Sess.), § E.200.2.)
§ 153. General powers; deputy, assistants
(a) The Attorney General shall have the general supervision of criminal prosecutions, shall consult with and advise the State’s Attorneys in matters relating to the duties of their office, and shall assist them by attending the grand jury in the examination of any cause or in the preparation of indictments and informations when, in his or her judgment, the interests of the State require it.
(b) The Attorney General may appoint a Deputy Attorney General with the approval of the Governor, remove him or her at pleasure, and be responsible for his or her acts. Such deputy shall perform such duties as the Attorney General shall direct, and in the absence or disability of the Attorney General perform the duties of the Attorney General. In case a vacancy occurs in the Office of Attorney General, such deputy shall assume and discharge the duties of such office until such vacancy is filled. Such appointment shall be in writing and be recorded in the Office of the Secretary of State. Such Deputy Attorney General shall take the oath required by the constitution, shall be an informing officer and have the same authority throughout the State in civil or criminal matters as State’s Attorneys have in their respective counties.
(c) The Attorney General may appoint such Assistant Attorneys General and Special Assistant Attorneys General as may be necessary for the proper and efficient performance of his or her department, and with the approval of the Governor, fix their pay, remove them at pleasure and be responsible for their acts. They shall have the same obligations, power and authority as the Deputy Attorney General except those relating to the absence or disability of the Attorney General and vacancy in the Office of Attorney General. Their appointments and the revocation thereof shall be in writing and recorded in the Office of the Secretary of State. All Assistant Attorneys General and Special Assistant Attorneys General shall be attorneys at law. (Amended 1965, No. 44, § 1, eff. May 5, 1965; 1965, No. 125, § 15, eff. July 2, 1965; 1979, No. 59, § 13.)
§ 154. Assistance
In the investigation and preparation for presentation to, or trial before, any court or tribunal of any cause or matter in which the State is a party or is interested, the Attorney General may employ such persons as in the Attorney General’s judgment the public good requires, to search out, procure, and prepare evidence, and the Commissioner of Finance and Management shall issue warrants therefor. An investigator who has successfully completed a course of training under 20 V.S.A. chapter 151 shall have the same powers as sheriffs in criminal matters and the enforcement of the law and in serving criminal process, and shall have all the immunities and matters of defense now available or hereafter made available to sheriffs in a suit brought against them in consequence for acts done in the course of their employment. (Amended 1983, No. 195 (Adj. Sess.), § 5(b); 1989, No. 297 (Adj. Sess.), § 3.)
§ 155. Legal assistant
(a) The Attorney General may appoint a legal assistant, such appointment to be made pursuant to the laws regarding personnel classification, selection and compensation.
(b) The appointment of a legal assistant shall be in addition to other appointments which the Attorney General is authorized to make.
§ 156. Duties
Such legal assistant shall perform such duties as the Attorney General directs and may appear in the trial or hearing of any civil or criminal cause in any court of the State on behalf of the Attorney General. Before assuming his or her duties, such legal assistant shall take and subscribe to the oath prescribed by the Constitution.
§ 157. Appearance for State
The Attorney General shall appear for the State in the preparation and trial of all prosecutions for homicide and civil or criminal causes in which the State is a party or is interested when, in his or her judgment, the interests of the State so require. The Attorney General shall represent members of the General Assembly in all civil causes arising from or relating to the performance of legislative duties. (Amended 2018, No. 11 (Sp. Sess.), § E.200.3.)
§ 158. Attendance at sessions of General Assembly
When required by either branch of the General Assembly, the Attorney General shall attend its sessions and advise and assist in the preparation of legislative business and documents.
§ 159. Opinions; State matters and actions
The Attorney General shall advise the elective and appointive State officers on questions of law relating to their official duties and shall furnish a written opinion on such matters, when so requested. He or she shall have general supervision of matters and actions in favor of the State and of those instituted by or against State officers wherein interests of the State are involved and may settle such matters and actions as the interests of the State require. (Amended 1967, No. 9, eff. Feb. 23, 1967.)
§ 160. State claims
On receipt of notice thereof from the Commissioner of Finance and Management, the Attorney General shall forthwith notify State’s Attorneys of any claim of the State which should be prosecuted in their counties. Subject to the direction of the Attorney General, such State’s Attorneys shall prosecute the same and be liable on their official bonds for neglect in respect thereto. The State’s Attorneys shall report to the Attorney General, as often as may be required by him or her, such facts concerning such actions as will enable him or her to keep a record thereof and of the proceedings therein. (Amended 1959, No. 328 (Adj. Sess.), § 8(c); 1983, No. 195 (Adj. Sess.), § 5(b).)
§ 161. Repealed. 2009, No. 33, § 83(b)(1). [Effective until July 1, 2025]
(Added 1987, No. 87, § 9; amended 2023, No. 142 (Adj. Sess.), § 1, eff. May 30, 2024; 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
§ 161. Public contract advocate [Renumbered from 3 V.S.A. § 165, effective July 1, 2025]
(a) There is hereby imposed upon the Office of the Attorney General the duty to provide public contract advocacy for all proceedings involving contracts for basic telecommunications service under 30 V.S.A. § 226a. The Attorney General shall appoint or retain as required one or more public contract advocates who shall be knowledgeable in the fields of public utility regulation and telecommunications services.
(b) Public contract advocates shall be appointed or retained for such time as may be required to monitor, represent the public interest, and report on any contract for basic telecommunications service under 30 V.S.A. § 226a. Compensation, expenses, and support of public contract advocates shall be assessed as costs to the Department of Public Service and paid from the revenues received from the tax to finance the Department and the Public Utility Commission levied under 30 V.S.A. § 22. (Added 1987, No. 87, § 9; amended 2023, No. 142 (Adj. Sess.), § 1, eff. May 30, 2024; renumbered from 3 V.S.A. § 165 by 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
§ 162. Fees and services forbidden
The Attorney General shall not receive any fee or reward from or in behalf of the prosecutor or for services in any prosecution or business to which it is his or her official duty to attend, nor shall he or she act as counsel or attorney for either party in a civil action depending upon the same facts involved in a criminal cause.
- Subchapter 002: RESTORATIVE JUSTICE APPROACHES
§ 162a. Definitions [Effective July 1, 2025]
As used in this subchapter:
(1) “Child” has the same meaning as in 33 V.S.A. § 5102(2).
(2) “Community referral” means a referral of an individual to a community-based restorative justice provider that does not involve criminal offenses or delinquencies for which probable cause exists.
(3) “Criminal justice purposes” has the same meaning as in 20 V.S.A. § 2056a(a)(3).
(4) “Pre-charge diversion” means a referral of an individual to a community-based restorative justice provider by a law enforcement officer or prosecutor after the referring officer or prosecutor has determined that probable cause exists that the individual has committed a criminal offense and before the individual is criminally charged with the offense or before a petition is filed in family court for the offense. Pre-charge diversion shall not be construed to include a community referral.
(5) “Youth” has the same meaning as in 33 V.S.A. § 5102(29). (Added 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
§ 163. Juvenile court diversion project [Effective until July 1, 2025; see also 3 V.S.A. § 163 effective July 1, 2025, set out below]
(a) The Attorney General shall develop and administer a juvenile court diversion project for the purpose of assisting juveniles charged with delinquent acts. In consultation with the diversion programs, the Attorney General shall adopt a policies and procedures manual in compliance with this section.
(b) The diversion program administered by the Attorney General shall support the operation of diversion programs in local communities through grants of financial assistance to, or by contracting for services with, municipalities, private groups, or other local organizations. The Attorney General may require local financial contributions as a condition of receipt of project funding.
(c) All diversion projects receiving financial assistance from the Attorney General shall adhere to the following provisions:
(1) The diversion project shall only accept persons against whom charges have been filed and the court has found probable cause but are not yet adjudicated.
(2) Alleged offenders shall be informed of their right to the advice and assistance of private counsel or the public defender at all stages of the diversion process, including the initial decision to participate, and the decision to accept the diversion contract, so that the candidate may give his or her informed consent.
(3) The participant shall be informed that his or her selection of the diversion contract is voluntary.
(4) Each State’s Attorney, in cooperation with the Attorney General and the diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State’s Attorney shall retain final discretion over the referral of each case for diversion. The provisions of 33 V.S.A. § 5225(c) and § 5280(e) shall apply.
(5) All information gathered in the course of the diversion process shall be held strictly confidential and shall not be released without the participant’s prior consent (except that research and reports that do not require or establish the identity of individual participants are allowed).
(6) Information related to the present offense that is divulged during the diversion program shall not be used in the prosecutor’s case. However, the fact of participation and success or reasons for failure may become part of the prosecutor’s records.
(7) The diversion project shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff.
(8) Diversion projects shall be set up to respect the rights of participants.
(9) Each participant shall pay a fee to the local juvenile court diversion project. The amount of the fee shall be determined by project officers based upon the financial capabilities of the participant. The fee shall not exceed $150.00. The fee shall be a debt due from the participant, and payment of such shall be required for successful completion of the Program. Notwithstanding 32 V.S.A. § 502(a), fees collected under this subdivision shall be retained and used solely for the purpose of the Court Diversion Program.
(d) The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5.
(e)(1) Within 30 days after the two-year anniversary of a successful completion of juvenile diversion, the court shall provide notice to all parties of record of the court’s intention to order the expungement of all court files and records, law enforcement records other than entries in the juvenile court diversion program’s centralized filing system, fingerprints, and photographs applicable to the proceeding. However, the court shall not order expungement if the participant does not satisfy each of subdivisions (A)–(D) of this subdivision. The court shall give the State’s Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:
(A) two years have elapsed since the successful completion of juvenile diversion by the participant;
(B) the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction;
(C) rehabilitation of the participant has been attained to the satisfaction of the court; and
(D) the participant does not owe restitution related to the case.
(2) The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State’s Attorney’s office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State’s Attorney’s office that prosecuted the case.
(3)(A) The court shall keep a special index of cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement.
(B) The special index and related documents specified in subdivision (A) of this subdivision (3) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(C) Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
(D) The Court Administrator shall establish policies for implementing this subsection (e).
(f) Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency or official named therein.
(g) The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have his or her records expunged. Expungement shall occur if the requirements of subsection (e) of this section are met.
(h) Subject to the approval of the Attorney General, the Vermont Association of Court Diversion Programs may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.
(i) Notwithstanding subdivision (c)(1) of this section, the diversion program may accept cases from the Youth Substance Awareness Safety Program pursuant to 7 V.S.A. § 656 or 18 V.S.A. § 4230b. The confidentiality provisions of this section shall become effective when a notice of violation is issued under 7 V.S.A. § 656(b) or 18 V.S.A. § 4230b(b) and shall remain in effect unless the person fails to register with or complete the Youth Substance Awareness Safety Program.
(j) Notwithstanding subdivision (c)(1) of this section, the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225-5280. (Added 1981, No. 206 (Adj. Sess.), § 1; amended 1995, No. 47, § 1, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 2; 2003, No. 157 (Adj. Sess.), § 11; 2005, No. 198 (Adj. Sess.), § 4, eff. Sept. 1, 2006; 2007, No. 153 (Adj. Sess.), § 28; 2009, No. 12, § 1; 2009, No. 156 (Adj. Sess.), § E.201; 2018, No. 8 (Sp. Sess.), § 10, eff. June 28, 2018; 2019, No. 77, § 1, eff. June 19, 2019; 2019, No. 167 (Adj. Sess.), § 1, eff. Oct. 7, 2020; 2023, No. 5, § 1, eff. July 1, 2023.)
§ 163. Juvenile court diversion program [Effective July 1, 2025; see also 3 V.S.A. § 163 effective until July 1, 2025, set out above]
(a) Purpose.
(1) The Attorney General shall develop and administer a juvenile court diversion program, for both pre-charge and post-charge referrals to youth-appropriate community-based restorative justice providers, for the purpose of assisting children or youth charged with delinquent acts.
(2) The program shall be designed to provide a restorative option for children or youth alleged to have caused harm in violation of a criminal statute or who have been charged with violating a criminal statute and subject to a delinquency or youthful offender petition filed with the Family Division of the Superior Court, as well as for victims or those acting on a victim’s behalf who have been allegedly harmed by the responsible party. The juvenile diversion program may accept referrals to the program as follows:
(A) Pre-charge by law enforcement or prosecutors where a child or youth has committed any criminal offense or delinquency and pursuant to a policy adopted in accordance with subdivisions (c)(1)–(2) of this section.
(B) Post-charge by prosecutors for children or youth charged with a first or a second misdemeanor or a first nonviolent felony, or other offenses as the prosecutor deems appropriate, pursuant to subdivision (c)(3) of this section.
(b) Administration; report.
(1) Beginning on July 1, 2025, the Attorney General shall support the operation of diversion programs in each of the State’s counties through grants of financial assistance to, or contracts for services with, a single municipality or organization to provide community-based restorative justice programs and services in each county. Upon approval of the Attorney General, the single municipality or organization receiving a grant pursuant to this section may issue subgrants to diversion providers or execute subcontracts for diversion services.
(2) The Juvenile Pre-Charge Diversion Program established pursuant to this section shall operate only to the extent funds are appropriated to the Office of the Attorney General, the Department of State’s Attorneys and Sheriffs, and the Office of the Defender General to carry out the Program.
(3) In consultation with community-based restorative justice providers, the Office of the Attorney General shall develop program outcomes following the designated State of Vermont performance accountability framework and, in consultation with the Department of State’s Attorneys and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services, the Judiciary, and the Division of Racial Justice Statistics of the Office of Racial Equity, report annually on or before December 1 to the General Assembly on services provided and outcome indicators. As components of the report required by this subsection, the Attorney General shall include data on the number of pre-charge and post-charge diversion program referrals in each county; race, gender, age, and other demographic variables, whenever possible; offenses charged and crime types; successful completion rates; and possible causes of any geographical disparities.
(4) The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5.
(5) In consultation with community-based restorative justice providers, the Center for Crime Victims Services, the Department of State’s Attorneys and Sheriffs’ Victim Advocates, the Division for Racial Justice Statistics of the Office of Racial Equity, and the State Archivist, the Attorney General shall adopt a policies and procedures manual for community-based restorative justice providers to promote a uniform system across the State in compliance with this section. The manual shall include policies and procedures related to:
(A) informing victims of their rights and role in pre-charge and post-charge diversion, including that such information is available in writing upon request;
(B) the timely notification to victims of a referral to pre- and post- charge diversion;
(C) an invitation to victims to engage in the restorative process;
(D) how to share information with a victim concerning a restorative agreement’s conditions related to the victim and any progress made on such conditions;
(E) best practices for collecting data from all parties that engage with the pre-charge and post-charge diversion programs; and
(F) confidentiality expectations for all parties who engage in the restorative process.
(c) Juvenile diversion program policy and referral requirements.
(1) Juvenile pre-charge diversion policy required. Each county’s State’s Attorney’s office shall adopt a juvenile pre-charge diversion referral policy. To encourage fair and consistent juvenile pre-charge diversion referral policies and methods statewide, the Department of State’s Attorneys and Sheriffs and the Community Justice Unit shall publicly post the policies adopted by each State’s Attorney’s office.
(2) Juvenile pre-charge diversion policy contents. A county’s State’s Attorney’s juvenile pre-charge diversion program policy shall include the following:
(A) Criteria to determine whether a child or youth is eligible to participate in juvenile pre-charge diversion.
(B) Any appropriate documentation to accompany a referral to juvenile pre-charge diversion, including the name and contact information of the child or youth and the child or youth’s parent or legal guardian; the name and contact information of the victim or victims; and a factual statement or affidavit of probable cause of the alleged incident.
(C) A procedure for returning a case to the law enforcement agency or the prosecutor, including when:
(i) the prosecutor withdraws any juvenile pre-charge referral from the juvenile pre-charge diversion program;
(ii) the community-based restorative justice provider determines that the matter is not appropriate for juvenile pre-charge programming; and
(iii) when a child or youth does not successfully complete juvenile pre-charge diversion programming.
(D) A statement reiterating that the State’s Attorney retains final discretion over the cases that are eligible for diversion and may deviate from the adopted policy in accordance with such discretion.
(3) Juvenile post-charge diversion requirements. Each State’s Attorney, in cooperation with the Office of the Attorney General and the juvenile post-charge diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State’s Attorney shall retain final discretion over the referral of each case for diversion. All juvenile post-charge diversion programs receiving financial assistance from the Attorney General shall adhere to the following:
(A) The juvenile post-charge diversion program for children or youth shall only accept individuals against whom a petition has been filed and the court has found probable cause, but are not adjudicated.
(B) A prosecutor may refer a child or youth to diversion either before or after a preliminary hearing and shall notify in writing to the diversion program and the court of the prosecutor’s referral to diversion.
(C) If a child or youth is charged with a qualifying crime as defined in 13 V.S.A. § 7601(4)(A) and the crime is a misdemeanor, the prosecutor shall provide the child or youth with the opportunity to participate in the court diversion program unless the prosecutor states on the record at the preliminary hearing or a subsequent hearing why a referral to the post-charge program would not serve the ends of justice. Factors considered in the ends-of-justice determination include the child’s or youth’s delinquency record, the views of the alleged victim or victims, and the need for probationary supervision.
(D) Notwithstanding this subsection (c), the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225(c) and 5280(e).
(d) Confidentiality.
(1) The matter shall become confidential when notice of a pre-charge referral is provided to the juvenile diversion program, or when notice of a post-charge referral is provided to the court.
(2) All information related to any offense gathered in the course of the juvenile diversion process shall be held strictly confidential and shall not be released without the participant’s prior consent.
(3) Information related to any offense that a person divulges in preparation for, during, or as a follow-up to the provision of the juvenile diversion programming shall not be used against the person in any criminal, civil, family, juvenile, or administrative investigation, prosecution, or case for any purpose, including impeachment or cross-examination. However, the fact of participation and success, or reasons for failure, may become part of the prosecutor’s records. This subsection shall not be construed to prohibit the limited disclosure or use of information to specific persons in the following circumstances:
(A) Where there is a threat or statement of a plan that a person may reasonably believe is likely to result in death or bodily injury to themselves or others or damage to the property of another person.
(B) When disclosure is necessary to report bodily harm any party causes another during restorative justice programming.
(C) When disclosure to other community-based restorative justice providers is necessary to facilitate coordination for an individual who has more than one active referral before different community justice providers.
(D) Where there is a reasonable suspicion of abuse or neglect of a child or vulnerable adult and a report is made pursuant to the provisions of 33 V.S.A. § 4914 or 33 V.S.A. § 6903 or to comply with any law.
(E) Where a court or administrative tribunal determines that the materials were submitted by a participant in the program for the purpose of avoiding discovery of the material in a court or administrative proceeding. If a participant wishes to avail themselves of this provision, the participant may disclose this information in camera to a judicial officer for the purposes of seeking such a ruling.
(4)(A) Notwithstanding subdivision (2) of this subsection (d), if law enforcement or the prosecutor refers a case to diversion, upon the victim’s request, the juvenile diversion program shall provide information relating to the conditions of the diversion contract regarding the victim, progress made on such conditions, and information that assists with obtaining the victim’s compensation.
(B) Victim information that is not part of the public record shall not be released without the victim’s prior consent.
(C) Nothing in this section shall be construed to prohibit a victim’s exercise of rights as otherwise provided by law.
(e) Rights and responsibilities.
(1) Juvenile court diversion programs shall be set up to respect the rights of participants.
(2)(A) Diversion candidates shall be informed of their right to the advice, assistance, and access to private counsel or the public defender at all stages of the diversion process, including the initial decision to participate and the decision to accept the juvenile diversion contract, so that the candidate may give informed consent.
(B) For the pre-charge diversion program, notwithstanding the financial need determination pursuant to 13 V.S.A. § 5236, the diversion program shall inform the candidate that a public defender is available for consultation at public expense upon the request of the candidate.
(C) The candidate shall be informed that participation in the diversion program is voluntary.
(3) Any victims shall be notified of the victim’s rights and role in the pre-charge diversion process, including notification of a candidate’s referral to the pre-charge diversion program by the pre-charge diversion program.
(f) Records; deletion and expungement.
(1) Pre-charge diversion records deletion.
(A) Not later than 10 days after the successful completion of the pre-charge diversion program, the juvenile diversion program shall notify the victim, law enforcement agency, and the State’s Attorney’s office of the participant’s successful completion. Payment of restitution is required for successful completion.
(B) Within 30 days after the two-year anniversary notifying the State’s Attorney’s office of the participant’s successful completion, the Attorney General shall provide notice that all records held by the diversion program shall be deleted.
(C) Within 30 days after the two-year anniversary notifying the law enforcement agency and the State’s Attorney’s office of the participant’s successful completion, the Attorney General shall provide notice that all public records held by the law enforcement agency and the State’s Attorney’s office shall be deleted, including any held by the Attorney General. Records maintained on the Valcour database or other similar nonpublic databases maintained by a law enforcement agency, a State’s Attorney’s office, or the Department of State’s Attorneys and Sheriffs shall be exempt from deletion and shall only be used for criminal justice purposes.
(2) Pre-charge diversion case index.
(A) The Community Justice Unit shall keep a special index of pre-charge diversion cases that have been deleted pursuant to this section together with the notice of deletion provided by the Attorney General. The index shall list only the name of the diversion participant, the individual's date of birth, a case number, date of case closure, location of programming, and the offense that was the subject of the deletion.
(B) The special index and related documents specified in subdivision (A) of this subdivision (2) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(C) Inspection of the notice may be permitted only upon request by the person who is the subject of the case. The Attorney General may permit special access to the index and the documents for research purposes pursuant to subdivision (g)(2) of this section.
(D) The Community Justice Unit shall establish policies for implementing subdivisions (1)–(4) of this subsection (f).
(3) Effect of deletion. Except as otherwise provided in this section, upon the notice to delete files and records under this section, the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the Community Justice Unit, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the notice shall be sent to each agency, entity, or official named therein.
(4) Deletion applicability. The process of automatically deleting records as provided in this section shall only apply to those persons who completed pre-charge diversion on or after July 1, 2025.
(5) Post-charge diversion records expungement. Within 30 days after the two-year anniversary of a successful completion of post-charge diversion, the court shall provide notice to all parties of record of the court’s intention to order the expungement of all court files and records, law enforcement records, fingerprints, and photographs other than entries in the court diversion program’s centralized filing system applicable to the proceeding. However, the court shall not order expungement if the participant does not satisfy each of subdivisions (A)–(C) of this subdivision. The court shall give the State’s Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:
(A) two years have elapsed since the successful completion of the juvenile post-charge diversion program by the participant;
(B) the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction; and
(C) the participant does not owe restitution related to the case.
(6) Expungement of sealed records. The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State’s Attorney’s office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State’s Attorney’s office that prosecuted the case.
(7) Post-charge diversion case index.
(A) The court and the Office of the Attorney General shall keep a special index of post-charge diversion cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, the person’s date of birth, the docket number, date of case closure, the court of jurisdiction, and the offense that was the subject of the expungement.
(B) The special index and related documents specified in subdivision (A) of this subdivision (7) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(C) Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
(D) The Court Administrator shall establish policies for implementing subdivisions (5)–(9) of this subsection (f).
(8) Effect of expungement. Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the court, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency, entity, or official named therein.
(9) Expungement applicability. The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have the person’s records expunged. Expungement shall occur if the requirements of subdivisions (5)–(8) of this subsection (f) are met.
(g) Public Records Act exemption.
(1) Except as otherwise provided by this section, any records or information produced or acquired pursuant to this section shall be exempt from public inspection or copying under Vermont’s Public Records Act.
(2) Notwithstanding subdivision (1) of this subsection, a law enforcement agency, State’s Attorney’s office, court, or community-based restorative justice provider may disclose information to colleges, universities, public agencies of the State, and nonprofit research organizations that a community-based restorative justice provider has agreements with for use in connection with research projects of a public service nature, but no person associated with those institutions or agencies shall disclose that information in any manner that would reveal the identity of an individual who provided the information to the community-based restorative justice provider. (Added 1981, No. 206 (Adj. Sess.), § 1; amended 1995, No. 47, § 1, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 2; 2003, No. 157 (Adj. Sess.), § 11; 2005, No. 198 (Adj. Sess.), § 4, eff. Sept. 1, 2006; 2007, No. 153 (Adj. Sess.), § 28; 2009, No. 12, § 1; 2009, No. 156 (Adj. Sess.), § E.201; 2018, No. 8 (Sp. Sess.), § 10, eff. June 28, 2018; 2019, No. 77, § 1, eff. June 19, 2019; 2019, No. 167 (Adj. Sess.), § 1, eff. Oct. 7, 2020; 2023, No. 5, § 1, eff. July 1, 2023; 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
§ 164. Adult court diversion program [Effective until July 1, 2025; see also 3 V.S.A. § 164 effective July 1, 2025, set out below]
(a) The Attorney General shall develop and administer an adult court diversion program in all counties. In consultation with diversion programs, the Attorney General shall adopt a policies and procedures manual in compliance with this section.
(b) The program shall be designed for two purposes:
(1) To assist adults who have been charged with a first or a second misdemeanor or a first nonviolent felony.
(2) To assist persons who have been charged with an offense and who have substance abuse or mental health treatment needs regardless of the person’s prior criminal history record, except a person charged with a felony offense that is a crime listed in 13 V.S.A. § 5301(7) shall not be eligible under this section. Persons who have attained 18 years of age who are subject to a petition in the Family Division pursuant to 33 V.S.A. chapters 52 or 52A shall also be eligible under this section. Programming for these persons is intended to support access to appropriate treatment or other resources with the aim of improving the person’s health and reducing future adverse involvement in the justice system.
(c) The program shall support the operation of diversion programs in local communities through grants of financial assistance to, or contracts for services with, municipalities, private groups, or other local organizations. The Attorney General may require local financial contributions as a condition of receipt of program funding.
(d) The Office of the Attorney General shall develop program outcomes following the designated State of Vermont performance accountability framework and, in consultation with the Department of State’s Attorneys and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services, and the Judiciary, report annually on or before December 1 to the General Assembly on services provided and outcome indicators. As a component of the report required by this subsection, the Attorney General shall include data on diversion program referrals in each county and possible causes of any geographical disparities.
(e) All adult court diversion programs receiving financial assistance from the Attorney General shall adhere to the following provisions:
(1) The diversion program shall accept only persons against whom charges have been filed and the court has found probable cause, but are not yet adjudicated. The prosecuting attorney may refer a person to diversion either before or after arraignment and shall notify in writing the diversion program and the court of his or her intention to refer the person to diversion. The matter shall become confidential when notice is provided to the court, except that for persons who are subject to conditions of release imposed pursuant to 13 V.S.A. § 7554 and who are referred to diversion pursuant to subdivision (b)(2) of this section, the matter shall become confidential upon the successful completion of diversion. If a person is charged with a qualifying crime as defined in 13 V.S.A. § 7601(4)(A) and the crime is a misdemeanor, the prosecutor shall provide the person with the opportunity to participate in the court diversion program unless the prosecutor states on the record at arraignment or a subsequent hearing why a referral to the program would not serve the ends of justice. If the prosecuting attorney refers a case to diversion, the prosecuting attorney may release information to the victim upon a showing of legitimate need and subject to an appropriate protective agreement defining the purpose for which the information is being released and in all other respects maintaining the confidentiality of the information; otherwise, files held by the court, the prosecuting attorney, and the law enforcement agency related to the charges shall be confidential and shall remain confidential unless:
(A) the diversion program declines to accept the case;
(B) the person declines to participate in diversion;
(C) the diversion program accepts the case, but the person does not successfully complete diversion; or
(D) the prosecuting attorney recalls the referral to diversion.
(2) Alleged offenders shall be informed of their right to the advice and assistance of private counsel or the public defender at all stages of the diversion process, including the initial decision to participate, and the decision to accept the adult diversion contract, so that the candidate may give informed consent.
(3) The participant shall be informed that his or her selection of the adult diversion contract is voluntary.
(4) Each State’s Attorney, in cooperation with the Office of the Attorney General and the adult court diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State’s Attorney shall retain final discretion over the referral of each case for diversion.
(5) All information gathered in the course of the adult diversion process shall be held strictly confidential and shall not be released without the participant’s prior consent (except that research and reports that do not establish the identity of individual participants are allowed).
(6) Information related to the present offense that is divulged during the adult diversion program shall not be used against the person in the person’s criminal or juvenile case for any purpose, including impeachment or cross-examination. However, the fact of participation and success, or reasons for failure, may become part of the prosecutor’s records.
(7)(A) Irrespective of whether a record was expunged, the adult court diversion program shall maintain sufficient records so that the reasons for success or failure of the program in particular cases and overall can be investigated by program staff. These records shall include a centralized statewide filing system that will include the following information about individuals who have successfully completed an adult court diversion program:
(i) name and date of birth;
(ii) offense charged and date of offense;
(iii) place of residence;
(iv) county where diversion process took place; and
(v) date of completion of diversion process.
(B) These records shall not be available to anyone other than the participant and his or her attorney, State’s Attorneys, the Attorney General, and directors of adult court diversion programs.
(C) Notwithstanding subdivision (B) of this subdivision (e)(7), the Attorney General shall, upon request, provide to a participant or his or her attorney sufficient documentation to show that the participant successfully completed diversion.
(8) Adult court diversion programs shall be set up to respect the rights of participants.
(9) Each participant shall pay a fee to the local adult court diversion program. The amount of the fee shall be determined by program officers or employees based upon the financial capabilities of the participant. The fee shall not exceed $300.00. The fee shall be a debt due from the participant, and payment of such shall be required for successful completion of the program. Notwithstanding 32 V.S.A. § 502(a), fees collected under this subdivision shall be retained and used solely for the purpose of the court diversion program.
(f) The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5.
(g)(1) Within 30 days after the two-year anniversary of a successful completion of adult diversion, the court shall provide notice to all parties of record of the court’s intention to order the expungement of all court files and records, law enforcement records other than entries in the adult court diversion program’s centralized filing system, fingerprints, and photographs applicable to the proceeding. However, the court shall not order expungement if the participant does not satisfy each of subdivisions (A)–(D) of this subdivision. The court shall give the State’s Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:
(A) two years have elapsed since the successful completion of the adult diversion program by the participant;
(B) the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction;
(C) rehabilitation of the participant has been attained to the satisfaction of the court; and
(D) the participant does not owe restitution related to the case.
(2) The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State’s Attorney’s office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State’s Attorney’s office that prosecuted the case.
(3)(A) The court shall keep a special index of cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, his or her date of birth, the docket number, and the criminal offense that was the subject of the expungement.
(B) The special index and related documents specified in subdivision (A) of this subdivision (3) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(C) Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
(D) The Court Administrator shall establish policies for implementing this subsection (g).
(h) Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred, all index references thereto shall be deleted, and the participant, the court, and law enforcement officers and departments shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency or official named therein.
(i) [Repealed.]
(j) The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have his or her records expunged. Expungement shall occur if the requirements of subsection (g) of this section are met.
(k) The Attorney General, in consultation with the Vermont Association of Court Diversion Programs, may develop and administer programs to assist persons under this section charged with delinquent, criminal, and civil offenses.
(l) Notwithstanding subdivision (e)(1) of this section, the diversion program may accept cases from the Youth Substance Awareness Safety Program pursuant to 7 V.S.A. § 656 or 18 V.S.A. § 4230b. The confidentiality provisions of this section shall become effective when a notice of violation is issued under 7 V.S.A. § 656(b) or 18 V.S.A. § 4230b(b) and shall remain in effect unless the person fails to register with or complete the Youth Substance Awareness Safety Program.
(m) Notwithstanding subdivision (e)(1) of this section, the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225 and 5280. (Added 1981, No. 206 (Adj. Sess.), § 2; amended 1983, No. 217 (Adj. Sess.); 1983, No. 229 (Adj. Sess.), § 1; 1995, No. 47, § 2, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 3; 2003, No. 157 (Adj. Sess.), § 12; 2009, No. 12, § 2; 2009, No. 146 (Adj. Sess.), § D6; 2009, No. 156 (Adj. Sess.), § E.201.1; 2011, No. 56, § 24; 2011, No. 145 (Adj. Sess.), § 1; 2017, No. 61, § 2; 2018, No. 8 (Sp. Sess.), § 11, eff. June 28, 2018; 2019, No. 77, § 2, eff. June 19, 2019; 2019, No. 124 (Adj. Sess.), § 1; 2019, No. 167 (Adj. Sess.), § 2, eff. Oct. 7, 2020; 2023, No. 5, § 2, eff. July 1, 2023.)
§ 164. Adult court diversion program [Effective July 1, 2025; see also 3 V.S.A. § 164 effective until July 1, 2025, set out above]
(a) Purpose.
(1) The Attorney General shall develop and administer an adult court diversion program, for both pre-charge and post-charge referrals, in all counties.
(2) The program shall be designed to provide a restorative option for persons alleged to have caused harm in violation of a criminal statute or who have been charged with violating a criminal statute as well as for victims or those acting on a victim’s behalf who have been allegedly harmed by the responsible party. The diversion program can accept referrals to the program as follows:
(A) Pre-charge by law enforcement or prosecutors pursuant to a policy adopted in accordance with subdivisions (c)(1)–(2) of this section.
(B) Post-charge by prosecutors for persons charged with a first or a second misdemeanor or a first nonviolent felony, or other offenses as the prosecutor deems appropriate, pursuant to subdivision (c)(3) of this section.
(C) Post-charge by prosecutors of persons who have been charged with an offense and who have substance abuse or mental health treatment needs regardless of the person’s prior criminal history record, except a person charged with a felony offense that is a crime listed in 13 V.S.A. § 5301(7) shall not be eligible under this section. Persons who have attained 18 years of age who are subject to a petition in the Family Division pursuant to 33 V.S.A. chapter 52 or 52A shall also be eligible under this section. Programming for these persons is intended to support access to appropriate treatment or other resources with the aim of improving the person’s health and reducing future adverse involvement in the justice system.
(b) Administration; report.
(1) Beginning on July 1, 2025, the Attorney General shall support the operation of diversion programs in each of the State’s counties through grants of financial assistance to, or contracts for services with, a single municipality or organization to provide community-based restorative justice programs and services in each county. Upon approval of the Attorney General, the single municipality or organization receiving a grant pursuant to this section may issue subgrants to diversion providers or execute subcontracts for diversion services.
(2) The Adult Pre-Charge Diversion Program established pursuant to this section shall operate only to the extent funds are appropriated to the Office of the Attorney General, the Department of State’s Attorneys and Sheriffs, and the Office of the Defender General to carry out the Program.
(3) In consultation with community-based restorative justice providers, the Office of the Attorney General shall develop program outcomes following the designated State of Vermont performance accountability framework and, in consultation with the Department of State’s Attorneys and Sheriffs, the Office of the Defender General, the Center for Crime Victim Services, the Judiciary, and the Division of Racial Justice Statistics of the Office of Racial Equity, report annually on or before December 1 to the General Assembly on services provided and outcome indicators. As components of the report required by this subsection, the Attorney General shall include data on the number of pre-charge and post-charge diversion program referrals in each county; race, gender, age, and other demographic variables, whenever possible; offenses charged and crime types; successful completion rates; and possible causes of any geographical disparities.
(4) The Attorney General is authorized to accept grants and gifts for the purposes of this section, such acceptance being pursuant to 32 V.S.A. § 5.
(5) In consultation with community-based restorative justice providers, the Center for Crime Victims Services, the Department of State’s Attorneys and Sheriffs’ Victim Advocates, the Division for Racial Justice Statistics of the Office of Racial Equity, and the State Archivist, the Attorney General shall adopt a policies and procedures manual for community-based restorative justice providers to promote a uniform system across the State in compliance with this section. The manual shall include the following policies and procedures related to:
(A) informing victims of their rights and role in pre-charge and post-charge diversion, including that such information is available in writing upon request;
(B) the timely notification victims of a referral to pre-charge and post-charge diversion;
(C) an invitation to victims to engage in the restorative process;
(D) how to share information with a victim concerning a restorative agreement’s conditions related to the victim and any progress made on such conditions;
(E) best practices for collecting data from all parties that engage with the pre-charge and post-charge diversion programs; and
(F) confidentiality expectations for all parties who engage in the restorative process.
(c) Adult diversion program policy and referral requirements.
Adult diversion program policy and referral requirements.
(1) Adult pre-charge diversion policy required. Each State’s Attorney’s office shall adopt an adult pre-charge diversion referral policy. To encourage fair and consistent pre-charge and post-charge diversion referral policies and methods statewide, the Department of State’s Attorneys and Sheriffs and the Community Justice Unit shall publicly post the policies adopted by each State’s Attorney’s office.
(2) Adult pre-charge diversion policy contents. A county’s State’s Attorney’s pre-charge diversion program policy shall include the following:
(A) criteria to determine whether a responsible party is eligible to participate in pre-charge diversion;
(B) any appropriate documentation to accompany a referral to pre-charge diversion, including the name and contact information of the responsible party, the name and contact information of the victim or victims, and a factual statement or affidavit of probable cause of the alleged offense;
(C) a procedure for returning a case to the law enforcement agency or the prosecutor, including when:
(i) the prosecutor withdraws a pre-charge referral from the diversion program;
(ii) the community-based restorative justice provider determines that the matter is not appropriate for pre-charge programming; and
(iii) a person does not successfully complete pre-charge diversion programming; and
(D) a statement reiterating that the State’s Attorney retains final discretion over the cases that are eligible for diversion and may deviate from the adopted policy in accordance with such discretion.
(3) Adult post-charge diversion requirements. Each State’s Attorney, in cooperation with the Office of the Attorney General and the adult post-charge diversion program, shall develop clear criteria for deciding what types of offenses and offenders will be eligible for diversion; however, the State’s Attorney shall retain final discretion over the referral of each case for diversion. All adult post-charge diversion programs receiving financial assistance from the Attorney General shall adhere to the following:
(A) The post-charge diversion program for adults shall only accept persons against whom charges have been filed and the court has found probable cause, but are not adjudicated.
(B) A prosecutor may refer a person to diversion either before or after arraignment and shall notify in writing the diversion program and the court of the prosecutor’s of the referral to diversion.
(C) If a person is charged with a qualifying crime as defined in 13 V.S.A. § 7601(4)(A) and the crime is a misdemeanor, the prosecutor shall provide the person with the opportunity to participate in the court diversion program unless the prosecutor states on the record at arraignment or a subsequent hearing why a referral to the post-charge program would not serve the ends of justice. Factors considered in the ends-of-justice determination include the person’s criminal record, the views of any victims, or the need for probationary supervision.
(D) Notwithstanding this subsection (c), the diversion program may accept cases pursuant to 33 V.S.A. §§ 5225 and 5280.
(d) Confidentiality.
(1) The matter shall become confidential when notice of a pre-charge referral is provided to the diversion program, or when notice of a post-charge referral is provided to the court. However, persons who are subject to conditions of release imposed pursuant to 13 V.S.A. § 7554 and who are referred to diversion pursuant to subdivision (a)(2)(C) of this section, the matter shall become confidential upon the successful completion of diversion.
(2) All information gathered in the course of the adult diversion process shall be held strictly confidential and shall not be released without the participant’s prior consent.
(3) Information related to any offense that a person divulges in preparation for, during, or as a follow-up to the provision of the adult diversion programming shall not be used against the person in any criminal, civil, family, juvenile, or administrative investigation, prosecution, or case for any purpose, including impeachment or cross-examination. However, the fact of participation and success, or reasons for failure, may become part of the prosecutor’s records. This subsection shall not be construed to prohibit the limited disclosure or use of information to specific persons in the following circumstances:
(A) Where there is a threat or statement of a plan that a person may reasonably believe is likely to result in death or bodily injury to themselves or others or damage to the property of another person.
(B) When disclosure is necessary to report bodily harm any party causes another during restorative justice programming.
(C) When disclosure to other community-based restorative justice providers is necessary to facilitate coordination where an individual has more than one active referral before different restorative justice providers.
(D) Where there is a reasonable suspicion of abuse or neglect of a child or vulnerable adult and a report is made pursuant to the provisions of 33 V.S.A. § 4914 or 33 V.S.A. § 6903 or to comply with any law.
(E) Where a court or administrative tribunal determines that the materials were submitted by a participant in the program for the purpose of avoiding discovery of the material in a court or administrative proceeding. If a participant wishes to avail themselves of this provision, the participant may disclose this information in camera to a judicial officer for the purposes of seeking such a ruling.
(4)(A) Notwithstanding subdivision (2) of this subsection (d), if law enforcement or the prosecutor refers a case to diversion, upon the victim’s request, the adult diversion program shall provide information relating to the conditions of the diversion contract regarding the victim, progress made on such conditions, and information that assists with obtaining the victim’s compensation.
(B) Victim information that is not part of the public record shall not be released without the victim’s prior consent.
(C) Nothing in this section shall be construed to prohibit a victim’s exercise of rights as otherwise provided by law.
(e) Rights and responsibilities.
(1) Adult court diversion programs shall be set up to respect the rights of participants.
(2)(A) Diversion candidates shall be informed of their right to the advice, assistance, and access to private counsel or the public defender at all stages of the diversion process, including the initial decision to participate and the decision to accept the diversion contract, so that the candidate may give informed consent.
(B) For the pre-charge diversion program, notwithstanding the financial need determination pursuant to 13 V.S.A. § 5236, the diversion program shall inform the candidate that a public defender is available for consultation at public expense upon the request of the diversion candidate.
(3) The candidate shall be informed that participation in the diversion program is voluntary.
(4)(A) The pre-charge and post-charge diversion programs may charge fees to its participants, which shall be paid to the local adult court diversion program. If a fee is charged, it shall be determined by program officers or employees based upon the financial capabilities of the participant. The fee shall not exceed $300.00. Any fee charged shall be a debt due from the participant.
(B) Notwithstanding 32 V.S.A. § 502(a), fees collected pursuant to this subdivision (4) shall be retained and used solely for the purpose of the adult court diversion program.
(5) Any victims shall be notified of the victim’s rights and role in the pre-charge diversion process, including notification of a candidate’s referral to the pre-charge diversion program by the pre-charge diversion program.
(f) Records; deletion and expungement.
(1) Pre-charge diversion records deletion.
(A) Not later than 10 days after the successful completion of the pre-charge diversion program, the adult diversion program shall notify the victim, law enforcement agency, and the State’s Attorney’s office of the participant’s successful completion. Payment of restitution is required for successful completion.
(B) Within 30 days after the two-year anniversary notifying the State’s Attorney’s office of the participant’s successful completion, the Attorney General shall provide notice that all records held by the diversion program shall be deleted.
(C) Within 30 days after the two-year anniversary notifying the law enforcement agency and the State’s Attorney’s office of the participant’s successful completion, the Attorney General shall provide notice that all public records held by the law enforcement agency and the State’s Attorney’s office shall be deleted, including any held by the Attorney General. Records maintained on the Valcour database or other similar nonpublic databases maintained by a law enforcement agency, a State’s Attorney’s office, or the Department of State’s Attorneys and Sheriffs shall be exempt from deletion and shall only be used for criminal justice purposes.
(2) Pre-charge diversion case index.
(A) The Community Justice Unit shall keep a special index of pre- charge diversion cases that have been deleted pursuant to this section together with the notice of deletion provided by the Attorney General. The index shall list only the name of the diversion participant, the individual’s date of birth, a case number, date of case closure, location of programming, and the offense that was the subject of the deletion.
(B) The special index and related documents specified in subdivision (A) of this subdivision (2) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(C) Inspection of the notice may be permitted only upon request by the person who is the subject of the case. The Attorney General may permit special access to the index and the documents for research purposes pursuant to subdivision (g)(2) of this section.
(D) The Community Justice Unit shall establish policies for implementing subdivisions (1)–(4) of this subsection (f).
(3) Effect of deletion. Except as otherwise provided in this section, upon the notice to delete files and records under this section, the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the Community Justice Unit, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the notice shall be sent to each agency, entity, or official named therein.
(4) Deletion applicability. The process of automatically deleting records as provided in this section shall only apply to those persons who completed pre-charge diversion on or after July 1, 2025.
(5) Post-charge diversion records expungement. Within 30 days after the two-year anniversary of a successful completion of adult post-charge diversion, the court shall provide notice to all parties of record of the court’s intention to order the expungement of all court files and records, law enforcement records, fingerprints, and photographs other than entries in the adult court diversion program’s centralized filing system applicable to the proceeding. However, the court shall not order expungement if the participant does not satisfy each of subdivisions (A)–(C) of this subdivision. The court shall give the State’s Attorney an opportunity for a hearing to contest the expungement of the records. The court shall expunge the records if it finds:
(A) two years have elapsed since the successful completion of the adult post-charge diversion program by the participant;
(B) the participant has not been convicted of a subsequent felony or misdemeanor during the two-year period, and no proceedings are pending seeking such conviction; and
(C) the participant does not owe restitution related to the case.
(6) Expungement of sealed records. The court may expunge any records that were sealed pursuant to this subsection prior to July 1, 2018 unless the State’s Attorney’s office that prosecuted the case objects. Thirty days prior to expunging a record pursuant to this subdivision, the court shall provide written notice of its intent to expunge the record to the State’s Attorney’s office that prosecuted the case.
(7) Post-charge diversion case index.
(A) The court and the Office of the Attorney General shall keep a special index of post-charge diversion cases that have been expunged pursuant to this section together with the expungement order. The index shall list only the name of the person convicted of the offense, the person’s date of birth, the docket number, date of case closure, location of programming, and the criminal offense that was the subject of the expungement.
(B) The special index and related documents specified in subdivision (A) of this subdivision (7) shall be confidential and shall be physically and electronically segregated in a manner that ensures confidentiality and that limits access to authorized persons.
(C) Inspection of the expungement order and the certificate may be permitted only upon petition by the person who is the subject of the case. The Chief Superior Judge may permit special access to the index and the documents for research purposes pursuant to the rules for public access to court records.
(D) The Court Administrator shall establish policies for implementing subdivisions (5)–(9) of this subsection (f).
(8) Effect of expungement. Except as otherwise provided in this section, upon the entry of an order expunging files and records under this section, the proceedings in the matter shall be considered never to have occurred; all index references thereto shall be deleted; and the participant, the court, law enforcement officers and departments, prosecutors, the referring entity, and the diversion program shall reply to any request for information that no record exists with respect to such participant inquiry in any matter. Copies of the order shall be sent to each agency, entity, or official named therein.
(9) Expungement applicability. The process of automatically expunging records as provided in this section shall only apply to those persons who completed diversion on or after July 1, 2002. Any person who completed diversion prior to July 1, 2002 must apply to the court to have the person’s records expunged. Expungement shall occur if the requirements of this subsection are met.
(g) Public Records Act exemption.
(1) Except as otherwise provided in this section, any records or information produced or acquired pursuant to this section shall be exempt from public inspection or copying under Vermont’s Public Records Act and shall be kept confidential.
(2) Notwithstanding subdivision (1) of this subsection, a law enforcement agency, State’s Attorney’s office, court, or community-based restorative justice provider may disclose information to colleges, universities, public agencies of the State, and nonprofit research organizations that a community-based restorative justice provider has agreements with for use in connection with research projects of a public service nature, but no person associated with those institutions or agencies shall disclose that information in any manner that would reveal the identity of an individual who provided the information to the community-based restorative justice provider. (Added 1981, No. 206 (Adj. Sess.), § 2; amended 1983, No. 217 (Adj. Sess.); 1983, No. 229 (Adj. Sess.), § 1; 1995, No. 47, § 2, eff. April 20, 1995; 1999, No. 160 (Adj. Sess.), § 3; 2003, No. 157 (Adj. Sess.), § 12; 2009, No. 12, § 2; 2009, No. 146 (Adj. Sess.), § D6; 2009, No. 156 (Adj. Sess.), § E.201.1; 2011, No. 56, § 24; 2011, No. 145 (Adj. Sess.), § 1; 2017, No. 61, § 2; 2018, No. 8 (Sp. Sess.), § 11, eff. June 28, 2018; 2019, No. 77, § 2, eff. June 19, 2019; 2019, No. 124 (Adj. Sess.), § 1; 2019, No. 167 (Adj. Sess.), § 2, eff. Oct. 7, 2020; 2023, No. 5, § 2, eff. July 1, 2023; 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
§ 164a. Restitution
(a) A diversion program may refer an individual who has suffered a pecuniary loss as a direct result of a delinquent act or crime alleged to have been committed by a juvenile or adult accepted to its program to the Restitution Unit established by 13 V.S.A. § 5362 for the purpose of application for an advance payment pursuant to 13 V.S.A. § 5363(d)(1). The Restitution Unit may enter into a repayment contract with a juvenile or adult accepted into diversion and shall have the authority to bring a civil action to enforce the repayment contract in the event that the juvenile or adult defaults in performing the terms of the contract.
(b) The Restitution Unit and the diversion program shall develop a process for documenting victim loss, information sharing between the Unit and diversion programs regarding the amount of restitution paid by the Unit and diversion participants’ contractual agreements to reimburse the unit, transmittal of payments from participants to the Unit, and maintenance of the confidentiality of diversion information. (Added 2011, No. 145 (Adj. Sess.), § 2.)
§ 165. Public contract advocate [Effective until July 1, 2025]
(a) There is hereby imposed upon the Office of the Attorney General the duty to provide public contract advocacy for all proceedings involving contracts for basic telecommunications service under 30 V.S.A. § 226a. The Attorney General shall appoint or retain as required one or more public contract advocates who shall be knowledgeable in the fields of public utility regulation and telecommunications services.
(b) Public contract advocates shall be appointed or retained for such time as may be required to monitor, represent the public interest, and report on any contract for basic telecommunications service under 30 V.S.A. § 226a. Compensation, expenses, and support of public contract advocates shall be assessed as costs to the Department of Public Service and paid from the revenues received from the tax to finance the Department and the Public Utility Commission levied under 30 V.S.A. § 22. (Added 1987, No. 87, § 9; amended 2023, No. 142 (Adj. Sess.), § 1, eff. May 30, 2024; renumbered to 3 V.S.A. § 161 by 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
§ 165. Public contract advocate [Renumbered to 3 V.S.A. § 161, effective July 1, 2025]
(Added 1987, No. 87, § 9; amended 2023, No. 142 (Adj. Sess.), § 1, eff. May 30, 2024; renumbered to 3 V.S.A. § 161 by 2023, No. 180 (Adj. Sess.), § 1, eff. July 1, 2025.)
§ 166. Court Diversion Fund
The Court Diversion Fund is hereby established in the State Treasury. All fees and assessments of the juvenile and adult court diversion programs shall be recorded in the Fund. Quarterly, the director of each court diversion program shall report to the Attorney General in a manner as prescribed by the Attorney General’s office on all fees paid under sections 163 and 164 of this title. An independent audit that includes all State funding sources shall be required biennially. (Added 1995, No. 47, § 3, eff. April 20, 1995; amended 2009, No. 156 (Adj. Sess.), § E.201.2.)
§ 167. Repealed. 2019, No. 154 (Adj. Sess.), § E.200.1, eff. Oct. 2, 2020.
§ 167a. Complex Litigation Special Fund
(a) There is established the Complex Litigation Special Fund pursuant to 32 V.S.A. chapter 7, subchapter 5 to be available for expenditure by the Attorney General, as annually appropriated or authorized pursuant to 32 V.S.A. § 511, to pay nonroutine expenses, not otherwise budgeted, incurred in the investigation, prosecution, and defense of complex civil and criminal litigation. These expenses may include, for example, costs incurred for expert witnesses and for support staff and technology needed to review and manage voluminous documents in discovery and at trial in complex cases.
(b) The Fund shall consist of:
(1) Such sums as may be appropriated or transferred by the General Assembly.
(2) Settlement monies other than consumer restitution collected by the Office of the Attorney General, except for those recoveries that by law are transferred or appropriated for other uses pursuant to 9 V.S.A. § 2458(b)(4), and subject to the Fund balance cap in subsection (c) of this section.
(c) The unencumbered Fund balance shall not exceed $1,000,000.00.
(d) The Attorney General shall submit a report of the amount and purpose of expenditures from the Fund at the close of each fiscal year to the Joint Fiscal Committee annually on or before September 1. As part of the annual budget submission, the Attorney General shall include a projection of the Fund balance for the current fiscal year and upcoming fiscal year and may recommend appropriations as needed consistent with the purpose of the Fund. (Added 2018, No. 11 (Sp. Sess.), § E.200.1.)
§ 168. Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel
(a) The Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel is established. The Panel shall be organized and have the duties and responsibilities as provided in this section. The Panel shall be organized within the Office of the Attorney General and shall consult with the Vermont Human Rights Commission, the Vermont chapter of the ACLU, the Vermont Police Association, the Vermont Sheriffs’ Association, the Vermont Association of Chiefs of Police, and others.
(b) The Panel shall comprise the following 16 members:
(1) five members, drawn from diverse backgrounds to represent the interests of communities of color throughout the State, who have had experience working to implement racial justice reform, appointed by the Attorney General;
(2) the Executive Director of the Vermont Criminal Justice Council or designee;
(3) the Attorney General or designee;
(4) the Defender General or designee;
(5) the Executive Director of the State’s Attorneys and Sheriffs or designee;
(6) the Chief Superior Judge or designee;
(7) the Commissioner of Corrections or designee;
(8) the Commissioner of Public Safety or designee;
(9) the Commissioner for Children and Families or designee;
(10) the Executive Director of Racial Equity or designee; and
(11) two members, drawn from diverse backgrounds to represent the interests of communities of color throughout the State, who have had experience working in information technology or data collection systems, appointed by the Executive Director of Racial Equity.
(c) The members of the Panel appointed under subdivision (b)(1) of this section shall serve staggered four-year terms. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of subsection (b) of this section. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term. Members of the Panel shall be eligible for reappointment. Members of the Panel shall serve no more than two consecutive terms in any capacity.
(d) Members of the Panel shall elect biennially by majority vote the Chair of the Panel. Members of the Panel who are not State employees or whose participation is not supported through their employment or association shall receive per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010, to be provided by the Office of the Attorney General. The Office of the Attorney General shall provide the Panel with administrative and professional support. The Panel may meet up to ten times per year.
(e) A majority of the members of the Panel shall constitute a quorum, and all action shall be taken upon a majority vote of the members present and voting.
(f) The Panel shall review and provide recommendations to address systemic racial disparities in statewide systems of criminal and juvenile justice, including:
(1) continually reviewing the data collected pursuant to 20 V.S.A. § 2366 to measure State progress toward a fair and impartial system of law enforcement;
(2) providing recommendations to the Criminal Justice Council and the Vermont Bar Association, based on the latest social science research and best practices in law enforcement and criminal and juvenile justice, on data collection and model trainings and policies for law enforcement, judges, correctional officers, and attorneys, including prosecutors and public defenders, to recognize and address implicit bias;
(3) providing recommendations to the Criminal Justice Council, based on the latest social science research and best practices in law enforcement, on data collection and a model training and policy on de-escalation and the use of force in the criminal and juvenile justice system;
(4) educating and engaging with communities, businesses, educational institutions, State and local governments, and the general public about the nature and scope of racial discrimination in the criminal and juvenile justice system;
(5) monitoring progress on the recommendations from the 2016 report of the Attorney General’s Working Group on Law Enforcement Community Interactions; and
(6) on or before January 15, 2018, and biennially thereafter, reporting to the General Assembly, and providing as a part of that report recommendations to address systemic implicit bias in Vermont’s criminal and juvenile justice system, including:
(A) how to institute a public complaint process to address perceived implicit bias across all systems of State government;
(B) whether and how to prohibit racial profiling, including implementing any associated penalties; and
(C) whether to expand law enforcement race data collection practices to include data on nontraffic stops by law enforcement. (Added 2017, No. 54, § 1, eff. May 31, 2017; amended 2021, No. 65, § 18, eff. June 7, 2021.)
