Vermont Statutes Title 13 Sec. 5405
Terms Used In Vermont Statutes Title 13 Sec. 5405
- Department: means the Department of Public Safety. See
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Mental abnormality: means a congenital or acquired condition that affects the emotional or volitional capacity of a person in a manner that predisposes the person to the commission of criminal sexual acts to a degree that makes the person a menace to the health and safety of other persons. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Personality disorder: means a condition where a person exhibits personality traits that are inflexible and maladaptive and cause either significant functional impairment or subjective distress. See
- Predatory: means an act directed at a stranger, or a person with whom a relationship has been established or promoted for the primary purpose of victimization. See
- Registry: means the Sex Offender Registry maintained by the Department of Public Safety. See
- Risk: means the degree of dangerousness that a sex offender poses to others. See
- Sex offender: means :
- Sexually violent predator: means a person who is a sex offender, who has been convicted of a sexually violent offense, as defined in subdivision (11) of this section, and who suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 5405. Court determination of sexually violent predators
(a) The General Assembly finds that some sexual offenders should be subject to increased sex offender registry and community notification procedures. It is the intent of the General Assembly that State‘s Attorneys utilize the provisions in this section to petition the court to designate those offenders who pose a greater risk to the public as sexually violent predators to ensure that those offenders will be required to register as sex offenders for life, and that they will be among those offenders who are included on the State’s Internet Sex Offender Registry.
(b) Within 15 days after the conviction of a sex offender, the State may file a petition with the court requesting that the person be designated as a sexually violent predator.
(c) The determination of whether a person is a sexually violent predator shall be made by the court at the time of sentencing.
(d) The court shall order a presentence investigation that shall include a psychosexual evaluation of the offender.
(e) In making a determination of whether the person is a sexually violent predator, the court shall examine the following:
(1) the person’s criminal history;
(2) any testimony presented at trial, including expert testimony as to the person’s mental state;
(3) the person’s history of treatment for a personality disorder or mental abnormality connected with his or her criminal sexual behavior;
(4) any mitigating evidence, including treatment history, evidence of modified behavior, or expert testimony, that the convicted sex offender wishes to provide to the court prior to the determination; and
(5) any other relevant evidence.
(f) The standard of proof when the court makes such a determination shall be clear and convincing evidence that the convicted sex offender suffers from a mental abnormality or personality disorder that makes the person likely to engage in predatory sexually violent offenses.
(g) The court shall determine whether the offender was eligible to be charged as a habitual offender as provided in section 11 of this title or a violent career criminal as provided in section 11a of this title and shall make findings as to such.
(h) After making its determinations, the court shall issue a written decision explaining the reasons for its determinations and provide a copy of the decision to the Department within 14 days.
(i) A person who is determined to be a sexually violent predator shall be subject to sex offender lifetime registration and community notification and inclusion on the Internet Sex Offender Registry as provided in this subchapter. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2001, No. 49, § 5, eff. Sept. 1, 2001; 2005, No. 79, § 8; 2017, No. 11, § 27.)