The Vermont Statutes Online

Title 13: Crimes and Criminal Procedure

Chapter 223: Fines, Costs, and Penalties

• Subchapter 001: COLLECTION OF FINES, COSTS, PENALTIES, AND FORFEITURES

• § 7171. Collection by complaint, information, or indictment

  (a) Fines, forfeitures, and penalties incurred or imposed by statute may be recovered by complaint, information, or indictment, unless some other mode of recovery is specially provided.

  (b) The Court Administrator is authorized to contract with private collection agencies for collection of penalties, fines, surcharges, court costs, and any other assessment authorized by law incurred or imposed by statute on persons who fail to pay, at or after time of judgment, after notice that failure to pay the debt will result in the debt being referred to a collection agency and that the debtor will be liable for the collection agency’s fee. The Court Administrator may agree to pay collection agencies a fee based on a fixed rate for services rendered or a percentage of the amount actually collected by such agencies and remitted to the state. The debtor shall be liable for the collection agency’s fee, in addition to the judgment amount. The collection agency shall deduct its fee from the collected amount and remit the balance to the judiciary. All collection agency fees shall be governed by the contract with the Court Administrator and shall be clearly disclosed in all notices sent by the collection agency to the debtor. (Amended 1985, No. 266 (Adj. Sess.), § 7, eff. June 4, 1986; 2007, No. 51, § 4; 2009, No. 4, § 117, eff. April 29, 2009.)

• § 7172. Liability of person fined; security; imprisonment

  (a) A person fined for the breach of a penal law or other offense shall pay such fine or give sufficient security for the same, or shall be imprisoned by order of the court before which the trial is had, as provided in such case, or be liable to have his or her estate sold therefor.

  (b) Cost of prosecution shall not be taxed against a respondent in any criminal cause. (Amended 1969, No. 131, § 5, eff. April 23, 1969.)

• § 7173. Mittimus against property of respondent

  A mittimus issued by a court for the collection of a penalty, and fine in criminal prosecutions, in the discretion of such court, in addition to the prescribed form, may be issued against the goods, chattels, or lands of the respondent in the form in which executions are issued. Such mittimus may be levied upon the goods, chattels, or lands of the respondent, and the same sold in satisfaction thereof as in the sale of personal property or real estate upon execution. (Amended 1969, No. 131, § 6, eff. April 23, 1969.)

• §§ 7174-7177. Repealed. 1969, No. 131, § 36, eff. April 23, 1969.

• § 7178. Suspension of fines

  A Superior judge, in his or her discretion, may suspend all or any part of the fine assessed against a respondent. (Amended 1969, No. 131, § 7, eff. April 23, 1969; 1969, No. 222 (Adj. Sess.), § 4; 1973, No. 249 (Adj. Sess.), § 57, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 115.)

• Subchapter 002: IMPRISONMENT IN LIEU OF PAYMENT OF FINES AND COSTS

• § 7179. Fines not dischargeable in bankruptcy

  A criminal fine owed to the State shall be nondischargeable, to the maximum extent provided under 11 U.S.C. § 523, in the U.S. Bankruptcy Court and shall not be subject to a statute of limitations. (Added 2001, No. 134 (Adj. Sess.), § 4, eff. June 13, 2002; amended 2009, No. 146 (Adj. Sess.), § D3.)

• § 7180. Remedies for failure to pay fines, costs, surcharges, and penalties

  (a) As used in this section:

  (1) “Amount due” means all financial assessments, including penalties, fines, surcharges, court costs, and any other assessments imposed by statute as part of a sentence for a criminal conviction.

  (2) “Designated collection agency” means a collection agency designated by the Court Administrator pursuant to subsection 7171(b) of this title.

  (3) “Designated credit bureau” means a credit bureau designated by the Court Administrator or the Court Administrator’s designee.

  (b) Collection of amount due. If an amount due remains unpaid for 75 days after the court provides the defendant with a notice of judgment, the court may refer the matter to a designated collection agency or initiate civil contempt proceedings pursuant to this section.

  (c) Civil contempt proceeding.

  (1) Notice of hearing. The court shall provide notice by first-class mail sent to the defendant’s last known address that a contempt hearing will be held pursuant to this subsection, and that failure to appear at the contempt hearing may result in the sanctions listed in subdivision (2) of this subsection.

  (2) Failure to appear. If the defendant fails to appear at the contempt hearing, the court may direct the clerk to:

  (A) Cause the matter to be reported to one or more designated credit bureaus.

  (B) Issue a judicial summons ordering the defendant to appear in district court.

  (C) Issue an arrest warrant if the defendant fails to appear in response to the judicial summons. The arrest warrant shall be limited to arrest during court hours only and order that the defendant be brought immediately to court.

  (3) Hearing. The hearing shall be conducted in a summary manner. The court shall examine the defendant and any other witnesses and may require the defendant to produce documents relevant to the defendant’s ability to pay the amount due. Evidence is admissible if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Vermont Rules of Evidence shall not apply except that the rules related to privilege shall apply. The State shall not be a party except with the permission of the court. The defendant may be represented by counsel at the defendant’s own expense.

  (4) Contempt.

  (A) The court may conclude that the defendant is in contempt if the court finds that:

  (i) the defendant knew or reasonably should have known that he or she owed the amount due;

  (ii) the defendant had the ability to pay all or any portion of the amount due; and

  (iii) the defendant failed to pay all or any portion of the amount due.

  (B) If the court concludes that the defendant is in contempt, the court may:

  (i) Order payment of the amount due on a specific date.

  (ii) Assess an additional penalty not to exceed ten percent of the amount due.

  (iii) Direct that the matter be reported to one or more designated credit bureaus. The Court Administrator or the Court Administrator’s designee is authorized to contract with one or more credit bureaus for the purpose of reporting information about unpaid Judicial Bureau judgments.

  (iv) Refer to Small Claims Court for the purpose of issuing writs of attachment for property and trustee process pursuant to 12 V.S.A. § 5534. Filing fees shall be waived in such cases.

  (v) Sentence the defendant to serve a term of imprisonment on furlough to participate in a program supervised by the Department of Corrections pursuant to 28 V.S.A. § 808(a) that provides reparation to the community in the form of supervised work activities. For each day the defendant participates in supervised work activities, the defendant shall be given credit against the amount owed at the hourly rate for minimum wage. A defendant who is determined by the Department of Corrections to be ineligible for the preapproved furlough supervised work program may be ordered by the court to serve a sentence in a correctional facility, in which event the defendant shall be given credit against the amount owed for every day served at a rate determined by the court.

  (C) If the court concludes that the defendant is not in contempt because the defendant does not have the ability to pay the amount due, the court may:

  (i) suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title;

  (ii) order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.

  (d) For purposes of civil contempt proceedings, the venue shall be statewide.

  (e) Notwithstanding 32 V.S.A. § 502, the Court Administrator is authorized to contract with a third party to collect fines, penalties, and fees by credit card, debit card, charge card, prepaid card, stored value card, and direct bank account withdrawals or transfers, as authorized by 32 V.S.A. § 583, and to add on and collect or charge against collections a processing charge in an amount approved by the Court Administrator.

  (f)(1) A defendant who is not incarcerated may file a motion to convert all or part of a traffic offense fine to community service. The court may grant the motion if the defendant establishes that he or she has made a good faith effort to pay the fine but is unable to do so. A fine converted to community service pursuant to this subsection shall not be considered a modification of sentence and shall not be subject to the time limits of Vermont Rule of Criminal Procedure 35.

  (2) Community service performed pursuant to a motion granted under this subsection shall be:

  (A) credited against outstanding fines at the then-existing rate of the Vermont minimum wage:

  (B) monitored by Diversion, a restorative justice panel of a community justice center, or a similar entity approved by the court, that shall report on the defendant’s compliance status to the court;

  (C) performed in the county where the offense occurred.

  (3) A conversion of a fine to community service under this subsection:

  (A) shall not apply to surcharges, court costs, or other assessments;

  (B) shall be in addition to the contempt procedures applicable under this section. (Added 2009, No. 146 (Adj. Sess.), § D3; amended 2015, No. 58, § E.204.6, eff. June 11, 2015.)

• §§ 7221-7225. Repealed. 2009, No. 146 (Adj. Sess.), § D3.

• Subchapter 003: TREASURY ENTITLED TO FINES AND COSTS AND LIABLE FOR COSTS

• § 7251. Municipalities; payment to and liability of

  (a) Fines, forfeitures, and penalties, imposed by the District or Superior court or by the Judicial Bureau for violation of a village, town, or city ordinance shall be paid to the village, town, or city, respectively, except for a $12.50 administrative charge for each case which shall be retained by the State.

  (b) Fines, forfeitures, and penalties imposed by the Judicial Bureau for all speeding traffic violations under 23 V.S.A. chapter 13, subchapter 8 entitled “speed restrictions” on State highways and for height and width violations under 23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 on town highways resulting from the enforcement by towns within the jurisdiction of the town shall be paid to the town by the formula set forth in subsection (c) of this section except for the administrative charge according to the provisions of subsection (a) of this section which shall be retained by the State. The enforcement by towns shall be by a town law enforcement officer or a law enforcement officer by contract with the town. Such law enforcement officer shall be certified according to the provisions of 20 V.S.A. § 2358. Nothing in this section shall be construed to limit the jurisdiction of a certified law enforcement officer. The revenue that is collected by the State pursuant to enforcement of this section by a town shall be distributed annually during the first quarter of the fiscal year immediately following the fiscal year in which the fines, forfeitures, and penalties are collected.

  (c) The allocation of revenue to the towns under the formula shall be updated annually by the State Court Administrator and shall provide that the revenue be distributed to those towns whose law enforcement efforts on State highways and town highways as specifically set forth in subsection (b) of this section have resulted in the imposition of the fines, forfeitures, and penalties for all speeding traffic violations under 23 V.S.A. chapter 13, subchapter 8 entitled “speed restrictions” and for height and width violations under 23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 provided that no town may receive more than five percent of the total revenue in any given year. The formula used for distribution shall reflect the percentage of a town’s law enforcement expenditures as it relates to the town’s total municipal taxing effort. The town’s total municipal taxing effort shall be determined by subtracting the town’s school taxes assessed from the total taxes assessed as provided each year in the annual report of the division of property valuation and review by the Vermont Department of Taxes. By July 31 of each year, the local legislative body of any town that had law enforcement efforts resulting in the imposition of fines, forfeitures, and penalties and that wishes to participate shall submit to the Court Administrator the total amount of the funds spent for law enforcement in the most recently completed town fiscal year.

  (d) Fines, forfeitures, and penalties imposed by the Judicial Bureau for violations of subdivisions 352(3), (4), and (9) of this title, relating to animal cruelty that result from the enforcement by villages, towns, and cities within their jurisdiction shall be paid to the respective village, town, or city, except for a $12.50 administrative charge for each violation that shall be retained by the State. The enforcement by villages, towns, and cities shall be by a local law enforcement officer or a law enforcement officer by contract with the village, town, or city. Such law enforcement officer shall be certified according to the provisions of 20 V.S.A. § 2358. (Amended 1973, No. 249 (Adj. Sess.), § 58, eff. April 9, 1974; 1975, No. 227 (Adj. Sess.), § 4; 1989, No. 109, § 7; 1993, No. 237 (Adj. Sess.), § 7, eff. Nov. 1, 1994; 1995, No. 77 (Adj. Sess.), § 6, eff. March 21, 1996; 1995, No. 133 (Adj. Sess.), § 1; 1997, No. 46, §§ 8, 9; 1997, No. 121 (Adj. Sess.), § 30; 2001, No. 149 (Adj. Sess.), § 74, eff. June 27, 2002; 2007, No. 51, § 21.)

• § 7252. Fines and penalties payable to State

  All fines, forfeitures, and penalties received by the District or Superior court or by the Judicial Bureau, except as provided in section 7251 of this title, shall belong and be paid to the State, except for a $12.50 administrative charge for each offense or violation where a fine or penalty is assessed. The administrative charge shall be deposited in the Court Technology Special Fund established pursuant to 4 V.S.A. § 27. (Amended 1969, No. 131, § 14, eff. April 23, 1969; 2007, No. 65, § 62.)

• § 7253. Payment of costs by State

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

• § 7254. Unorganized towns and gores

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

• § 7255. Exceptions where respondent committed in default of payment

  When the penalty is wholly or partly by fine payable to the treasurer of a county, town, or village, if the respondent is committed in default of payment, the fine shall be payable to the State, and the costs shall be paid from the State treasury as in other cases where the costs are paid by the State. (Amended 1969, No. 131, § 23, eff. April 23, 1969.)

• § 7256. Repealed. 1969, No. 302 (Adj. Sess.), § 5, eff. April 10, 1970.

• §§ 7257, 7258. Repealed. 1973, No. 249 (Adj. Sess.), § 111, eff. April 9, 1974.

• § 7259. Private prosecutors—Liability for and right to costs

  When a person other than an informing officer, becomes a prosecutor, he or she shall enter his or her name and place of residence at the foot of the complaint, information or indictment, and shall be liable to pay costs on such prosecution, and, on conviction, may receive costs.

• § 7260. Recognizance to respondent

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

• § 7261. Prosecutor to advance fees

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

• § 7262. Travel expenses

  (a) Any person extradited to the State of Vermont on the basis of one or more criminal offenses alleged to have been committed in the State of Vermont against whom all charges are subsequently dismissed, either by the State’s Attorney or the Attorney General due to insufficient evidence or by the court on the basis of the State’s failure to establish a prima facie case, may be compensated for travel-related expenses necessary to return to the place from which the person was extradited.

  (b) The court shall hear the defendant’s request for travel-related expenses, as related to subsection (a) of this section, as soon as possible after dismissal and may order that such payment be made forthwith as the court in its discretion deems appropriate.

  (c) Payments so ordered shall be made from the amount appropriated to the Attorney General for extraditions. (Added 1981, No. 74.)

• Subchapter 004: ASSESSMENT AND COLLECTION OF ADDITIONAL SURCHARGES

• § 7281. Repealed. 2011, No. 63, § E.221.2.

• § 7282. Surcharge

  (a) In addition to any penalty or fine imposed by the court for a criminal offense or any civil penalty imposed by the Judicial Bureau for a traffic violation, including any violation of a fish and wildlife statute or regulation, violation of a motor vehicle statute, or violation of any local ordinance relating to the operation of a motor vehicle, except violations relating to seat belts and child restraints and ordinances relating to parking violations, the clerk of the court or Judicial Bureau shall levy an additional surcharge of:

  (1) $5.00 for any offense or violation committed prior to June 1, 1990.

  (2) $8.00 for any offense or violation committed after May 31, 1990, but before July 1, 1991, of which $3.00 shall be deposited into a special fund account to be known as the Victim’ Compensation Fund.

  (3) $10.00 for any offense or violation committed after June 30, 1991, but before July 1, 1993, of which $5.00 shall be deposited into a special fund account to be known as the Victims Compensation Fund.

  (4) $17.50 for any offense or violation committed after June 30, 1993, but before July 1, 2001, of which $12.50 shall be deposited into a special fund account to be known as the Victims Compensation Fund.

  (5) $20.50 for any offense or violation committed after June 30, 2001, but before July 1, 2003, of which $13.50 shall be deposited into a special fund account to be known as the Victims Compensation Fund.

  (6) For any offense or violation committed after June 30, 2003, but before July 1, 2005, $21.00, of which $13.75 shall be deposited into the Victims Compensation Special Fund.

  (7) For any offense or violation committed after June 30, 2005, but before July 1, 2006, $22.00, of which $14.75 shall be deposited into the Victims Compensation Special Fund.

  (8)(A) For any offense or violation committed after June 30, 2006, but before July 1, 2008, $26.00, of which $18.75 shall be deposited in the Victims Compensation Special Fund.

  (B) For any offense or violation committed after June 30, 2008, but before July 1, 2009, $36.00, of which $28.75 shall be deposited in the Victims Compensation Special Fund.

  (C) For any offense or violation committed after June 30, 2009, but before July 1, 2013, $41.00, of which $23.75 shall be deposited in the Victims Compensation Special Fund created by section 5359 of this title, and of which $10.00 shall be deposited in the Domestic and Sexual Violence Special Fund created by section 5360 of this title.

  (D) For any offense or violation committed after June 30, 2013, but before July 1, 2023, $47.00, of which $29.75 shall be deposited in the Victims Compensation Special Fund created by section 5359 of this title, and of which $10.00 shall be deposited in the Domestic and Sexual Violence Special Fund created by section 5360 of this title.

  (E) For any offense or violation committed after June 30, 2023, $47.00, of which $33.50 shall be deposited in the Victims Compensation Special Fund created by section 5359 of this title, and of which $13.50 shall be deposited in the Domestic and Sexual Violence Special Fund created by section 5360 of this title.

  (9) For any offense or violation committed after June 30, 2003, an amount equal to 15 percent of the fine imposed for the offense, rounded upward to the nearest whole dollar, which shall be deposited into the Crime Victims’ Restitution Special Fund established by section 5363 of this title.

  (b) The surcharges imposed by this section shall not be waived by the court except as part of an expungement or sealing proceeding where the petitioner demonstrates an inability to pay.

  (c) SIU surcharge. In addition to any penalty or fine imposed by the court for a criminal offense committed after July 1, 2009, the clerk of the court shall levy an additional surcharge of $100.00 to be deposited in the General Fund, in support of the Specialized Investigative Unit Grants Board created in 24 V.S.A. § 1940(c), and used to pay for the costs of Specialized Investigative Units. (Added 1985, No. 182 (Adj. Sess.), § 1; amended 1989, No. 109, § 9; 1989, No. 214 (Adj. Sess.), § 3, eff. May 31, 1990; 1993, No. 88, § 1; 2001, No. 65, § 4; 2003, No. 57, § 7, eff. June 4, 2003; 2005, No. 72, § 23; 2005, No. 202 (Adj. Sess.), § 23; 2007, No. 40, § 9, eff. July 1, 2012; 2007, No. 174 (Adj. Sess.), § 20; 2009, No. 47, § 12, eff. July 1, 2012; 2011, No. 63, § E.221.3; 2011, No. 162 (Adj. Sess.), § E.220.2; 2013, No. 72, § 12; 2021, No. 58, § 2; 2023, No. 78, § E.204.1, eff. July 1, 2023; 2023, No. 161 (Adj. Sess.), § 12, eff. June 6, 2024.)

• § 7283. Repealed. 2011, No. 63, § E.221.4.