The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 221: Judgment, Sentence, and Execution

• Subchapter 001: Generally

• § 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 accepted by the court and recorded, or by the judgment of a Criminal Division of the Superior Court when the respondent waives trial by jury. (Amended 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 249 (Adj. Sess.), § 55, eff. April 9, 1974; 2009, No. 154, § 238.)

• § 7003. Repealed. 1973, No. 118, § 25, eff. Oct. 1, 1973.

• § 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 quadruplicate forms to be furnished by him or her, for file in the identification and records division of the Department of Public Safety, a certified report of the conviction, together with the sentence and any other facts that may be required by the Commissioner. A fee of $0.50 for such certified report shall be allowed by the Commissioner of Finance and Management in settlement of the accounts of such courts. (Amended 1959, No. 329 (Adj. Sess.), § 8; 1965, No. 194, § 10, operative February 1, 1967; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 249 (Adj. Sess.), § 56, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 112.)

• § 7005. Repealed. 1963, No. 83.

• § 7006. Repealed. 1999, No. 4, § 7.

• Subchapter 002: Sentence and Commitment

• § 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 sentence upon the defendant’s minor children; the need for treatment; and the risk to self, others, and the community at large presented by the defendant:

  (1) A deferred sentence pursuant to section 7041 of this title.

  (2) Referral to a community reparative board pursuant to 28 V.S.A. chapter 12 in the case of an offender who has pled guilty to a nonviolent felony, a nonviolent misdemeanor, or a misdemeanor that does not involve the subject areas prohibited for referral to a community justice center under 24 V.S.A. § 1967. Referral to a community reparative board pursuant to this subdivision does not require the court to place the offender on probation. The offender shall return to court for further sentencing if the reparative board does not accept the case or if the offender fails to complete the reparative board program to the satisfaction of the board in a time deemed reasonable by the board.

  (3) Probation pursuant to 28 V.S.A. § 205.

  (4) Supervised community sentence pursuant to 28 V.S.A. § 352.

  (5) Sentence of imprisonment.

  (b) When ordering a sentence of probation, the court may require participation in the Restorative Justice Program established by 28 V.S.A. chapter 12 as a condition of the sentence. (Added 1989, No. 291 (Adj. Sess.), § 2; amended 1999, No. 148 (Adj. Sess.), § 61, eff. May 24, 2000; 2009, No. 146 (Adj. Sess.), § D11; 2021, No. 104 (Adj. Sess.), § 2, eff. July 1, 2022.)

• § 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 maximum and may establish a minimum term for which the respondent may be held in imprisonment. The maximum term shall not be more than the longest term fixed by law for the offense of which the respondent is convicted, and the minimum term shall be not less than the shortest term fixed by law for the offense. If the court suspends a portion of the sentence, the unsuspended portion of the sentence shall be the minimum term of sentence solely for the purpose of any reductions of term for good behavior as set forth in 28 V.S.A. § 811. A sentence shall not be considered fixed as long as the maximum and minimum terms are not identical.

  (b) The sentence of imprisonment of any person convicted of an offense shall commence to run from the date on which the person is received at the correctional facility for service of the sentence. The court shall give the person credit toward service of his or her sentence for any days spent in custody as follows:

  (1) The period of credit for concurrent and consecutive sentences shall include all days served from the date of arraignment or the date of the earliest detention for the offense, whichever occurs first, and end on the date of the sentencing. Only a single credit shall be awarded in cases of consecutive sentences, and no credit for one period of time shall be applied to a later period.

  (2) In sentencing a violation of probation, the court shall give the person credit for any days spent in custody from the time the violation is filed or the person is detained on the violation, whichever occurs first, until the violation is sentenced. In a case in which probation is revoked and the person is ordered to serve the underlying sentence, the person shall receive credit for all time previously served in connection with the offense.

  (3) A defendant who has received pre-adjudication treatment in a residential setting for a substance use disorder after the charge has been filed shall earn a reduction of one day in the offender’s minimum and maximum sentence for each day that the offender receives the inpatient treatment.

  (c) If any such person is committed to a jail or other place of detention to await transportation to the place at which his or her sentence is to be served, his or her sentence shall commence to run from the date on which he or she is received at the jail or the place of detention.

  (d) A person who receives a zero minimum sentence for a conviction of a nonviolent misdemeanor or nonviolent felony as defined in 28 V.S.A. § 301 shall report to probation and parole as directed by the court and begin to serve the sentence in the community immediately, unless the person is serving a prior sentence at the time. (Amended 1969, No. 182 (Adj. Sess.), § 1; 1971, No. 199 (Adj. Sess.), § 5; 1973, No. 36, § 1, eff. date, see note set out below; 1999, No. 127 (Adj. Sess.), § 3; 2011, No. 41, § 2, eff. May 20, 2011; 2013, No. 4, § 1, eff. April 3, 2013; 2019, No. 56, § 4, eff. June 10, 2019.)

• § 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 additional term of imprisonment and shall specify whether this additional term shall be served concurrent with or consecutive to the prior sentence or sentences.

  (b) In any case where a person is convicted of two or more offenses punishable by imprisonment and is sentenced for more than one of these offenses, he or she may be sentenced to as many terms as there are offenses of which he or she is convicted. When such multiple sentences are imposed they shall run concurrent with or consecutive to each other as the court determines at the time of sentencing and each shall run from its respective date of commitment after sentence. When such multiple sentences are in addition to a prior sentence or sentences from which the person has not yet been discharged, they shall run concurrently with or consecutive to any prior sentence or sentences as the court shall determine at the time of sentencing.

  (c) In all cases where multiple or additional sentences have been or are imposed, the term or terms of imprisonment under those sentences shall be determined in accordance with the following definitions:

  (1) When terms run concurrently, the shorter minimum terms merge in and are satisfied by serving the longest minimum and the shorter maximum terms merge in and are satisfied by discharge of the longest maximum term.

  (2) When terms run consecutively, the minimum terms are added to arrive at an aggregate minimum to be served equal to the sum of all minimum terms and the maximum terms are added to arrive at an aggregate maximum equal to the sum of all maximum terms. A person shall serve no more time on consecutive minimum sentences than the sum of the minimum terms, regardless of whether the sentences are imposed on the same or different dates. If a person has served a minimum term and subsequently incurs another criminal charge, the time the person spends in custody awaiting disposition of the new charge shall count toward the minimum term of the new sentence, if one is imposed. This subdivision shall not require the Department of Corrections to release a person from incarceration to community supervision at the person’s minimum term. (Amended 1971, No. 199 (Adj. Sess.), § 6; 2013, No. 4, § 2, eff. April 3, 2013.)

• § 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 mittimus shall recite the sentence in each case, and contain an order that unless all fines are paid before the expiration of the term or terms of imprisonment, such person shall be imprisoned as provided when a fine only is imposed. Such a term of imprisonment for nonpayment of a fine shall be served consecutive to the previous term or terms to which the respondent is sentenced. (Amended 1969, No. 131, § 3, eff. April 23, 1969; 1971, No. 199 (Adj. Sess.), § 7.)

• § 7034. Repealed. 2009, No. 154 (Adj. Sess.), § 113.

• § 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 term of imprisonment by payment of fines as is provided in other cases. (Amended 1969, No. 131, § 4, eff. April 23, 1969; 1971, No. 199 (Adj. Sess.), § 8.)

• §§ 7036-7038. Repealed. 1971, No. 199 (Adj. Sess.), § 22.

• § 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.

• § 7040. Repealed. 1971, No. 199 (Adj. Sess.), § 22.

• § 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 deferring of sentence is entered into between the State’s Attorney and the respondent and filed with the clerk of the court.

  (b) Notwithstanding subsection (a) of this section, the court may defer sentencing and place the respondent on probation without a written agreement between the State’s Attorney and the respondent if the following conditions are met:

  (1) [Repealed.]

  (2) the crime for which the respondent is being sentenced is not a listed crime as defined in subdivision 5301(7) of this title;

  (3) the court orders a presentence investigation in accordance with the procedures set forth in V.R.C.P. Rule 32, unless the State’s Attorney agrees to waive the presentence investigation;

  (4) the court permits the victim to submit a written or oral statement concerning the consideration of deferment of sentence;

  (5) the court reviews the presentence investigation and the victim’s impact statement with the parties; and

  (6) the court determines that deferring sentence is in the interests of justice.

  (c) Notwithstanding subsections (a) and (b) of this section, the court may not defer a sentence for a violation of section 3253a (aggravated sexual assault of a child), section 2602 (lewd and lascivious conduct with a child unless the victim and the defendant were within five years of age and the act was consensual), 3252(c) (sexual assault of a child under 16 unless the victim and the defendant were within five years of age and the act was consensual), 3252(d) or (e) (sexual assault of a child), 3253(a)(8) (aggravated sexual assault), or 3253a (aggravated sexual assault of a child) of this title.

  (d) Entry of deferment of sentence shall constitute an appealable judgment for purposes of appeal in accordance with 12 V.S.A. § 2383 and V.R.A.P. Rule 3. Except as otherwise provided, entry of deferment of sentence shall constitute imposition of sentence solely for the purpose of sentence review in accordance with section 7042 of this title. The court may impose sentence at any time if the respondent violates the conditions of the deferred sentence during the period of deferment.

  (e) Upon violation of the terms of probation or of the deferred sentence agreement, the court shall impose sentence. Upon fulfillment of the terms of probation and of the deferred sentence agreement, the court shall strike the adjudication of guilt and discharge the respondent. Except as provided in subsection (h) of this section, the record of the criminal proceedings shall be expunged upon the discharge of the respondent from probation, absent a finding of good cause by the court. The court shall issue an order to expunge all records and files related to the arrest, citation, investigation, charge, adjudication of guilt, criminal proceedings, and probation related to the deferred sentence. Copies of the order shall be sent to each agency, department, or official named therein. Thereafter, the court, law enforcement officers, agencies, and departments shall reply to any request for information that no record exists with respect to such person upon inquiry in the matter. Notwithstanding this subsection, the record shall not be expunged until restitution has been paid in full.

  (f) A deferred sentence imposed under subsection (a) or (b) of this section may include a restitution order issued pursuant to section 7043 of this title. Nonpayment of restitution shall not constitute grounds for imposition of the underlying sentence.

  (g) [Repealed.]

  (h) The Vermont Crime Information Center shall retain a special index of deferred sentences for sex offenses that require registration pursuant to subchapter 3 of chapter 167 of this title. This index shall only list the name and date of birth of the subject of the expunged files and records, the offense for which the subject was convicted, and the docket number of the proceeding that was the subject of the expungement. The special index shall be confidential and may be accessed only by the director of the Vermont Crime Information Center and a designated clerical staffperson for the purpose of providing information to the Department of Corrections in the preparation of a presentence investigation in accordance with 28 V.S.A. §§ 204 and 204a. (Added 1971, No. 239 (Adj. Sess.); amended 2001, No. 134 (Adj. Sess.), § 2; 2003, No. 57, § 5, eff. July 1, 2004; 2005, No. 63, § 9; 2005, No. 198 (Adj. Sess.), § 3, eff. Sept. 1, 2006; 2009, No. 1, §§ 33, 33b, eff. July 1, 2014; 2009, No. 58, §§ 9, 26, 27; 2019, No. 77, § 18, eff. June 19, 2019.)

• § 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 initiative or motion of the defendant, reduce the sentence.

  (b) A State’s Attorney or the Attorney General, within seven business days of the imposition of a sentence, may file with the sentencing judge a motion to increase, reduce, or otherwise modify the sentence. This motion shall set forth reasons why the sentence should be altered. After hearing, the court may confirm, increase, reduce, or otherwise modify the sentence.

  (c) After a motion is filed under subsection (b) of this section, a defendant’s time for filing an appeal under 12 V.S.A. § 2383 shall commence to run upon entry of a final order under subsection (b). (Added 1977, No. 251 (Adj. Sess.); amended 1981, No. 223 (Adj. Sess.), § 12; 2017, No. 11, § 29.)

• § 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-pocket monetary loss, uninsured lost wages, and uninsured medical expenses.

  (3) In cases where restitution is ordered to the victim as a result of a human trafficking conviction under chapter 60 of this title, “material loss” shall also mean:

  (A) attorney’s fees and costs; and

  (B) the greater of either:

  (i) the gross income or value of the labor performed for the offender by the victim; or

  (ii) the value of the labor performed by the victim as guaranteed by the minimum wage and overtime provisions of 21 V.S.A. § 385.

  (b)(1) When ordered, restitution may include:

  (A) return of property wrongfully taken from the victim;

  (B) cash, credit card, or installment payments paid to the Restitution Unit; or

  (C) payments in kind, if acceptable to the victim.

  (2) In the event of a victim’s crime-related death, the court may, at the request of the Restitution Unit, direct the Unit to pay up to $10,000.00 from the Restitution Fund to the victim’s estate to cover future uninsured material losses caused by the death.

  (c) Restitution hearing.

  (1) Unless the amount of restitution is agreed to by the parties at the time of sentencing, the court shall set the matter for a restitution hearing.

  (2) Prior to the date of the hearing, the prosecuting attorney shall provide the defendant with a statement of the amount of restitution claimed together with copies of bills that support the claim for restitution. If any amount of the restitution claim has been paid by the Victims Compensation Fund, the prosecuting attorney shall provide the defendant with copies of bills submitted by the Victims Compensation Board pursuant to section 5358a of this title.

  (3) Absent consent of the victim, medical and mental health records submitted to the Victims Compensation Board shall not be discoverable for the purposes of restitution except by order of the court. If the defendant files a motion to view copies of such records, the prosecuting attorney shall file the records with the court under seal. The court shall conduct an in camera review of the records to determine what records, if any, are relevant to the parties’ dispute with respect to restitution. If the court orders disclosure of the documents, the court shall issue a protective order defining the extent of dissemination of the documents to any person other than the defendant, the defendant’s attorney, and the prosecuting attorney.

  (d) In awarding restitution, the court shall make findings with respect to:

  (1) The total amount of the material loss incurred by the victim. If sufficient documentation of the material loss is not available at the time of sentencing, the court shall set a hearing on the issue, and notice thereof shall be provided to the offender.

  (2) The offender’s current ability to pay restitution, based on all financial information available to the court, including information provided by the offender.

  (e)(1) An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender’s current and reasonably foreseeable ability to pay, subject to modification under subsection (l) of this section. Notwithstanding 12 V.S.A. chapter 113 or any other provision of law, interest shall not accrue on a restitution judgment.

  (2)(A) Every order of restitution shall:

  (i) include the offender’s name, address, telephone number, and Social Security number, provided that the Social Security number is redacted pursuant to the Vermont Rules for Public Access to Court Records;

  (ii) include the name, address, and telephone number of the offender’s employer; and

  (iii) require the offender, until his or her restitution obligation is satisfied, to notify the Restitution Unit within 30 days if the offender’s address, telephone number, or employment changes, including providing the name, address, and telephone number of each new employer.

  (B) [Repealed.]

  (3) An order of restitution may require the offender to pay restitution for an offense for which the offender was not convicted if the offender knowingly and voluntarily executes a plea agreement that provides that the offender pay restitution for that offense. A copy of the plea agreement shall be attached to the restitution order.

  (f)(1) If not paid at the time of sentencing, restitution may be ordered as a condition of probation, supervised community sentence, furlough, preapproved furlough, or parole if the convicted person is sentenced to preapproved furlough, probation, or supervised community sentence, or is sentenced to imprisonment and later placed on parole. A person shall not be placed on probation solely for purposes of paying restitution. An offender may not be charged with a violation of probation, furlough, or parole for nonpayment of a restitution obligation incurred after July 1, 2004.

  (2) The Department of Corrections shall work collaboratively with the Restitution Unit to assist with the collection of restitution. The Department shall provide the Restitution Unit with information about the location and employment status of the offender.

  (g)(1) When restitution is requested but not ordered, the court shall set forth on the record its reasons for not ordering restitution.

  (2)(A) If restitution was not requested at the time of sentencing as the result of an error by the State, or if expenses arose after the entry of a restitution order, the victim may request restitution payable from the Restitution Fund. Restitution paid under this subdivision shall be payable from the Restitution Fund and shall not be payable by the offender. If the restitution is for expenses that arose after the entry of a restitution order, the restitution shall be capped at $1,000.00.

  (B) A request under this subdivision shall be filed with the Restitution Unit within one year after the imposition of sentence or the entry of the restitution order.

  (h) Restitution ordered under this section shall not preclude a person from pursuing an independent civil action for all claims not covered by the restitution order.

  (i)(1) The court shall transmit a copy of a restitution order and the plea agreement, if any, to the Restitution Unit, which shall make payment to the victim in accordance with section 5363 of this title.

  (2) To the extent that the Victims Compensation Board has made payment to or on behalf of the victim in accordance with chapter 167 of this title, restitution, if imposed, shall be paid to the Restitution Unit, which shall make payment to the Victims Compensation Fund.

  (j) The Restitution Unit may bring an action, including a small claims procedure, on a form approved by the Court Administrator, to enforce a restitution judgment order entered by the Criminal Division of the Superior Court. The action shall be brought against the offender in the Civil Division of the Superior Court of the unit where the offender resides or in the unit where the order was issued. In an action under this subsection, a restitution order issued by the Criminal Division of the Superior Court shall be enforceable in the Civil Division of the Superior Court or in a small claims procedure in the same manner as a civil judgment. Superior and Small Claims Court filing fees shall be waived for an action brought under this subsection.

  (k) All restitution payments shall be made to the Restitution Unit, with the exception of restitution relating to a conviction for welfare fraud ordered under this section and recouped by the Economic Services Division. The Economic Services Division shall provide the Restitution Unit with a monthly report of all restitution collected through recoupment. This subsection shall have no effect upon the collection or recoupment of restitution ordered under Title 33.

  (l) The sentencing court may modify the payment schedule of a restitution order if, upon motion by the Restitution Unit or the offender, the court finds that modification is warranted by a substantial change in circumstances.

  (m)(1) After an enforcement action is filed pursuant to subsection (j) of this section, any further proceedings related to the action shall be heard in the court where it was filed. The court shall set the matter for hearing and shall provide notice to the Restitution Unit, the victim, and the offender. Upon filing of a motion for financial disclosure, the court may order the offender to appear at the hearing and disclose assets and liabilities and produce any documents the court deems relevant.

  (2) If the court determines the offender has failed to comply with the restitution order, the court may take any action the court deems necessary to ensure the offender will make the required restitution payment, including:

  (A) amending the payment schedule of the restitution order;

  (B) ordering, in compliance with the procedures required in Rule 4.1 of the Vermont Rules of Civil Procedure, the disclosure, attachment, and sale of assets and accounts owned by the offender;

  (C) ordering trustee process against the offender’s wages; or

  (D) ordering the suspension of any recreational licenses owned by the offender.

  (3) If the court finds that the offender has an ability to pay and willfully refuses to do so, the offender may be subject to civil contempt proceedings under 12 V.S.A. chapter 5.

  (n)(1) Any monies owed by the State to an offender who is under a restitution order, including Vermont Lottery winnings, unclaimed property, and tax refunds, shall be used to discharge the restitution order to the full extent of the unpaid total financial losses, regardless of the payment schedule established by the courts.

  (2) The Office of the Treasurer shall, prior to delivery or payment of unclaimed property valued at $50.00 or more to a claimant pursuant to 27 V.S.A. § 1255, determine whether the claimant has an outstanding restitution order.

  (A) The Restitution Unit shall inform the Treasurer of persons with outstanding restitution orders. Each person subject to such an order shall be identified by name and Social Security or federal identification number.

  (B) If any such claimant owes restitution, the Restitution Unit, after notice to the owner, may request and the Treasurer shall transfer unclaimed property of such owner valued at $50.00 or more to the Restitution Unit to be applied to the amount of restitution owed. The notice shall advise the owner of the action being taken and, if he or she is not the person liable under the Restitution Judgment Order, the right to appeal the setoff; or advise the owner if the underlying conviction was vacated or is under appeal.

  (3) When an offender is entitled to a tax refund, any restitution owed by the offender shall be withheld from the refund pursuant to 32 V.S.A. chapter 151, subchapter 12.

  (4)(A) For all Vermont Lottery games, the Commissioner of Liquor and Lottery shall, before issuing prize money of $500.00 or more to a winner, determine whether the winner has an outstanding restitution order. If the winner owes restitution, the Commissioner of Liquor and Lottery shall withhold the entire amount of restitution owed and pay it to the Restitution Unit. The remainder of the winnings, if any, shall be sent to the winner. The winner shall be notified by the Restitution Unit of the offset prior to payment to the victim and given a period not to exceed 20 days to contest the accuracy of the information.

  (B) The Restitution Unit shall inform the Commissioner of Liquor and Lottery of persons with outstanding restitution orders upon request. Each person subject to such an order shall be identified by name, address, and Social Security number.

  (C) If a Vermont Lottery winner has an outstanding restitution order and an outstanding child support order, the Lottery winnings shall be offset first pursuant to 15 V.S.A. § 792 by the amount of child support owed, and second pursuant to this subsection by the amount of restitution owed. The remainder of the winnings, if any, shall be sent to the winner.

  (5) Unless otherwise provided, monies paid under this subsection shall be paid directly to the Restitution Unit.

  (o) After restitution is ordered and prior to sentencing, the court shall order the offender to provide the court with full financial disclosure on a form approved by the Court Administrator. The disclosure of an offender aged 18 or older shall include copies of the offender’s most recent State and federal tax returns. The court shall provide copies of the form and the tax returns to the Restitution Unit.

  (p) An obligation to pay restitution is part of a criminal sentence and is:

  (1) nondischargeable in the U.S. Bankruptcy Court to the maximum extent provided under 11 U.S.C. §§ 523 and 1328;

  (2) not subject to any statute of limitations; and

  (3) not subject to the renewal of judgment requirements of 12 V.S.A. § 506.

  (q) A transfer of property made with the intent to avoid a restitution obligation shall be deemed a fraudulent conveyance for purposes of 9 V.S.A. chapter 57, and the Restitution Unit shall be entitled to the remedies of creditors provided under 9 V.S.A. § 2291. (Added 1983, No. 229 (Adj. Sess.), § 3; amended 1989, No. 291 (Adj. Sess.), § 3; 1993, No. 169 (Adj. Sess.), § 2, eff. June 3, 1993; 1997, No. 148 (Adj. Sess.), § 63, eff. April 29, 1998; 2001, No. 134 (Adj. Sess.), § 3; 2003, No. 57, § 6, eff. July 1, 2004; 2003, No. 92 (Adj. Sess.), § 5; 2005, No. 51, § 5; 2005, No. 162 (Adj. Sess.), § 3, eff. Jan. 1, 2007; 2007, No. 40, § 6; 2009, No. 154 (Adj. Sess.), § 114; 2011, No. 55, §§ 7, 14, 15; 2011, No. 145 (Adj. Sess.), § 5; 2011, No. 145 (Adj. Sess.), § 7, eff. May 15, 2012; 2013, No. 34, § 9; 2013, No. 126 (Adj. Sess.), § 3; 2015, No. 96 (Adj. Sess.), § 1; 2019, No. 73, § 23.)

• § 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 recreational activities, including a license to hunt, fish, or trap.

  (b) Every applicant for a license shall sign a statement that the applicant is in good standing with respect to any restitution order. A license may not be issued or renewed without such a statement.

  (c) For the purposes of this section, a person is in good standing with respect to any restitution order if:

  (1) 60 days or fewer have elapsed since the date a restitution judgment was issued;

  (2) the person is in compliance with a repayment plan approved by the restitution unit; or

  (3) the person is in compliance with a court-ordered restitution judgment order. (Added 2007, No. 51, § 12, eff. Jan. 1, 2008.)

• § 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 General a calculation of the potential shortest and longest lengths of time the defendant may be incarcerated taking into account the provisions for reductions of term pursuant to 28 V.S.A. § 811 based on the sentence or sentences the defendant is serving, and the effect of any credit for time served as ordered by the court pursuant to 13 V.S.A. § 7031. The Commissioner’s calculation shall be a public record.

  (b) In all cases where the court imposes a sentence that includes a period of incarceration to be served, the Department of Corrections shall provide the defendant with a copy and explanation of the sentence calculation made pursuant to subsection (a) of this section. (Added 1995, No. 50, § 3; amended 2009, No. 58, § 16.)

• § 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, § 1, eff. May 14, 2015.)

• Subchapter 003: Execution of Death Sentence

• § 7101. Sentence and warrant

  In pronouncing sentence of death upon a person who is convicted of a capital crime, the court shall appoint a week within which the sentence shall be executed. At the time of such sentence, the court shall order a warrant to be issued by the clerk, under the seal of the court for the county in which such sentence is passed, to be directed to the Commissioner of Corrections, stating the conviction and sentence and commanding him or her to cause execution to be done in accordance with the provisions of such sentence, upon a day within the week so appointed. At the same time, the clerk shall transmit to the sheriff of the county in which such sentence is passed a mittimus directing him or her to deliver the body of such person to the Commissioner of Corrections and deliver to him or her a true and attested copy of such mittimus, the original of which shall be returned by the sheriff to the court from which issued. Unless a reprieve is granted or the inmate is pardoned, the sentence of death shall be executed by the Commissioner of Corrections, or by a person acting under his or her direction, within the week appointed by the court. If a reprieve is granted, the sentence of death shall be executed within the week beginning on the day next after the day on which the term of respite expires, and such sentence shall be executed on such day within such week as the Commissioner elects. Previous announcement thereof shall not be made, except to such persons as are to be present. (Amended 1971, No. 199 (Adj. Sess.), § 9.)

• § 7102. Pardon

  If such inmate is pardoned by the Governor, the Governor shall forthwith issue his or her warrant to the Commissioner of Corrections superseding the original warrant provided for in section 7101 of this title. (Amended 1971, No. 199 (Adj. Sess.), § 10.)

• § 7103. Place of execution

  The sentence of death shall be carried into effect at a place designated by the Commissioner of Corrections. (Amended 1971, No. 199 (Adj. Sess.), § 11.)

• § 7104. Manner of confinement

  When the sentence of death is imposed, the court shall sentence, at the same time, the respondent to the custody of the Commissioner of Corrections until the time of execution. (Amended 1971, No. 199 (Adj. Sess.), § 12.)

• § 7105. Persons present at execution

  There shall be present at the execution of the sentence of death, the Commissioner of Corrections or in case of his or her disability, the keeper, the person who is to perform the execution and his or her assistant, such persons as the Commissioner shall designate, and two physicians approved by the Commissioner. The physicians present shall be the legal witnesses of the execution. There may also be present the sheriff of the county in which the condemned was convicted or one of his or her deputies approved by him or her, such clergyman as the condemned may desire, and not more than three other persons to be selected by the Commissioner. There shall be paid to the person actually performing the execution and to his or her assistant such sums for services and expenses as the Commissioner shall approve. (Amended 1971, No. 199 (Adj. Sess.), § 13.)

• § 7106. Manner of execution

  The punishment of death shall be inflicted by causing to pass through the body of the convict a current of electricity of sufficient intensity to cause death, and the application of such current shall be continued until such convict is dead.

• § 7107. Returns of Commissioner

  When the Commissioner of Corrections inflicts the punishment of death upon an inmate, in obedience to a warrant as aforesaid, he or she shall forthwith return a copy thereof with his or her doings thereon to the Office of the Secretary of State, and shall forthwith return the original warrant with his or her doings thereon to the court from which it was issued. The clerk thereof shall subjoin to the record of the sentence a brief abstract of the Commissioner’s return upon such warrant. (Amended 1971, No. 199 (Adj. Sess.), § 14.)

• Subchapter 004: Petition for Review

• § 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 the court was without jurisdiction to impose the sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may at any time move the Superior Court of the county where the sentence was imposed to vacate, set aside or correct the sentence. However, the Superior or District judge who presided when the original sentence was imposed shall not hear the application. (Added 1966, No. 41 (Sp. Sess.), § 1(a), eff. March 12, 1966; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 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, determine the issues and make findings of fact and conclusions of law with respect thereto. The court may entertain and decide the motion without requiring the production of the prisoner at the hearing but the prisoner may attend if he or she so requests. If the court finds that the judgment was made without jurisdiction, or that the sentence imposed was not authorized by law or is otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to make the judgment vulnerable to collateral attack, it shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or her or grant a new trial or correct the sentence as may appear appropriate. (Added 1966, No. 41 (Sp. Sess.), § 1(c), eff. March 12, 1966.)

• § 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 12 V.S.A. §§ 3953 and 3957 or that the court has denied him or her relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his or her detention. (Added 1966, No. 41 (Sp. Sess.), § 2, eff. March 12, 1966.)

• § 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 legal services, be paid by the State from the appropriation to the court where the sentence was imposed. On appeal, the Supreme Court may make a similar order. (Added 1966, No. 41 (Sp. Sess.), § 3, eff. March 12, 1966.)