§ 5234. Rights of victims in delinquency proceedings involving a listed crime
(a) The victim in a delinquency proceeding involving a listed crime shall have the following
rights:
(1) To be notified by the prosecutor’s office in a timely manner of the following:
(A) when a delinquency petition has been filed, the name of the child and any conditions
of release initially ordered for the child or modified by the court, unless otherwise
limited by court order;
(B) the victim’s rights as provided by law, information regarding how a case proceeds
through a delinquency proceeding, the confidential nature of delinquency proceedings,
and that it is unlawful to disclose confidential information concerning the proceedings
to another person;
(C) when a predispositional or dispositional court proceeding is scheduled to take place
and when a court proceeding of which the victim has been notified will not take place
as scheduled; and
(D) whether delinquency has been found and disposition has occurred, and any conditions
of release or conditions of probation and any restitution, unless otherwise limited
by court order.
(2) To file with the court a written or recorded statement of the impact of the delinquent
act on the victim and the need for restitution.
(3) To be present during all court proceedings subject to the provisions of Rule 615 of
the Vermont Rules of Evidence; to attend the disposition hearing to present a victim
impact statement and to express reasonably the victim’s views concerning the offense
and the youth, including testimony in support of the victim’s claim for restitution
pursuant to section 5235 of this title; to be notified as to the disposition, including probation; and to submit oral or
written statements to the court at such other times as the court may allow. The court
shall consider the victim’s statement when ordering disposition.
(4) To be notified by the agency having custody of the delinquent child before the child
is released into the community from a secure or staff-secured residential facility.
The name of the facility shall not be disclosed. An agency’s inability to give notification
shall not preclude the release. However, in such an event, the agency shall take reasonable
steps to give notification of the release as soon thereafter as practicable. Notification
efforts shall be deemed reasonable if the agency attempts to contact the victim at
the address or telephone number provided to the agency in the request for notification.
(5) To have the court take the victim’s views into consideration in the court’s disposition
order. If the victim is not present, the court shall consider whether the victim has
expressed, either orally or in writing, views regarding disposition and shall take
those views into account when ordering disposition.
(6) [Repealed.]
(b) The prosecutor’s office shall keep the victim informed and consult with the victim
through the delinquency proceedings. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 21; 2021, No. 160 (Adj. Sess.), § 10, eff. June 1, 2022.)