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Searching 2021-2022 Session

The Vermont Statutes Online


Title 33 : Human Services



(Cite as: 33 V.S.A. § 5234)
  • § 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 that are related to the victim or a member of the victim's family or current household;

    (B) his or her 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 he or she 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 that are related to the victim or a member of the victim's family or current household and any restitution, when ordered.

    (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 attend the disposition hearing and to present a victim impact statement, including testimony in support of his or her claim for restitution pursuant to section 5235 of this title, and to be notified as to the disposition, including probation. The court shall consider the victim's statement when ordering disposition. The victim shall not be personally present at any portion of the disposition hearing except to present a victim impact statement or to testify in support of his or her claim for restitution unless the court finds that the victim's presence is necessary in the interest of justice.

    (4) Upon request, to be notified by the agency having custody of the delinquent child before he or she is discharged 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 his or her 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.)