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Searching 2021-2022 Session

The Vermont Statutes Online


Title 33 : Human Services



(Cite as: 33 V.S.A. § 5234a)
  • § 5234a. Rights of victims in delinquency proceedings involving a nonlisted crime

    (a) The victim in a delinquency proceeding involving an offense that is not 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) his or her rights as provided by law, information regarding how a delinquency proceeding is adjudicated, the confidential nature of juvenile proceedings, and that it is unlawful to disclose confidential information concerning the proceedings;

    (B) when a delinquency petition is filed;

    (C) the child's name and the conditions of release ordered for the child or modified by the court if the conditions relate to the victim or a member of the victim's family or current household; and

    (D) when a 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.

    (2) That 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 ordered.

    (3) To file with the court a written or recorded statement of the impact of the delinquent act on the victim and any need for restitution.

    (4) To attend the disposition hearing for the sole purpose of presenting to the court a victim impact statement, including testimony in support of his or her claim for restitution pursuant to section 5235 of this title. 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.

    (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. The court shall order that the victim be notified as to the identity of the child upon disposition if the court finds that release of the child's identity to the victim is in the best interests of both the child and the victim and serves the interests of justice.

    (b) The prosecutor's office shall keep the victim informed and consult with the victim through the delinquency proceedings. (Added 2015, No. 153 (Adj. Sess.), § 22.)