Vermont Statutes Title 33 Sec. 5288
Terms Used In Vermont Statutes Title 33 Sec. 5288
- 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
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Victim Impact Statement: A written or spoken statement by the victim or his or her representative about the physical, emotional, and financial impact of a crime on the victim. The statement is given to the court before sentencing.
§ 5288. Rights of victims in youthful offender proceedings
(a) The victim in a proceeding involving a youthful offender shall have the following rights:
(1) To be notified by the prosecutor in a timely manner:
(A) when a court proceeding is scheduled to take place and when a court proceeding to which the victim has been notified will not take place as scheduled; and
(B) of any conditions of release or conditions of probation and of any restitution unless otherwise limited by court order.
(2) 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; 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.
(3) To be notified by the agency having custody of the youth before the youth is released into the community from a secure or staff-secured residential facility.
(4) To be notified by the prosecutor as to the final disposition of the case.
(5) To be notified by the prosecutor of the victim’s rights under this section.
(b) In accordance with court rules, at a hearing on a motion for youthful offender treatment, the court shall ask if the victim is present and, if so, whether the victim would like to be heard regarding disposition. In ordering disposition, the court shall consider any views offered at the hearing by the victim. If the victim is not present, the court shall ask whether the victim has expressed, either orally or in writing, views regarding disposition and shall take those views into consideration in ordering disposition.
(c) No youthful offender proceeding shall be delayed or voided by reason of the failure to give the victim the required notice or the failure of the victim to appear.
(d) As used in this section, “victim” shall have the same meaning as in 13 V.S.A. § 5301(4).
(e) This section shall not prohibit a victim from discussing underlying facts of the alleged offense that resulted in death or physical, emotional, or financial injury to the victim, provided that, unless otherwise provided by law or court order, a victim shall not disclose what occurs during a court proceeding or information learned through a court proceeding that is not an underlying fact of the alleged offense that resulted in death or physical, emotional, or financial injury to the victim. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2021, No. 160 (Adj. Sess.), § 12, eff. June 1, 2022.)