Vermont Statutes Title 13 Sec. 5405a
Terms Used In Vermont Statutes Title 13 Sec. 5405a
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Registry: means the Sex Offender Registry maintained by the Department of Public Safety. 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
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
§ 5405a. Court determination of Sex Offender Registry requirements
(a)(1) The court shall determine at sentencing whether Sex Offender Registry requirements apply to the defendant.
(2) If the State and the defendant do not agree as to the applicability of Sex Offender Registry requirements to the defendant, the State shall file a motion setting forth the Sex Offender Registry requirements applicable to the defendant within 14 days of the entry of a guilty plea. To the extent the defendant opposes the motion, the State and the defendant shall present evidence at the sentencing as to the applicability of Sex Offender Registry requirements to the defendant.
(b) The court shall consider the following when determining under this section whether Sex Offender Registry requirements apply to the defendant:
(1) the report issued pursuant to subsection 5403(c) of this title;
(2) the presentence investigation report regarding the offense for which the defendant is being sentenced;
(3) the court’s own judgment of conviction and any evidence that was presented at trial; and
(4) any other evidence admitted at sentencing and deemed relevant by the court to the defendant’s Registry status.
(c) The State shall bear the burden of proving by a preponderance of the evidence the applicability of Sex Offender Registry requirements to the defendant under this section.
(d) Within 14 days after the sentencing or the presentation of evidence pursuant to subdivision (a)(2) of this section, the court shall issue an order determining whether Sex Offender Registry requirements apply to the defendant. The order shall include:
(1) the offense of which the defendant was convicted that requires the placement of his or her name on the Sex Offender Registry;
(2) any prior convictions that affect:
(A) the defendant’s Sex Offender Registry Status;
(B) the length of time that the defendant is required to register as a sex offender; or
(C) whether information regarding the defendant is required to be electronically posted on the Internet under section 5411a of this title;
(3) the length of time that the defendant is required to register as a sex offender;
(4) whether the defendant is designated as a sexually violent predator under section 5405 of this title;
(5) whether the defendant was immediately released or remanded to the custody of the Department of Corrections; and
(6) whether information regarding the defendant is required to be electronically posted on the Internet under section 5411a of this title. (Added 2015, No. 31, § 3; amended 2017, No. 11, § 28.)