State Codes and Statutes
Statutes > Vermont > Title-13 > Chapter-165 > 5321
§ 5321. Appearance by victim
(a) The victim of a crime has the following rights in any sentencing proceedings concerning the person convicted of that crime:
(1) to be given advance notice by the prosecutor's office of the date of the proceedings; and
(2) to appear, personally, to express reasonably his or her views concerning the crime, the person convicted, and the need for restitution.
(b) Sentencing shall not be delayed or voided by reason of the failure to give the victim the required notice or the failure of the victim to appear.
(c) In accordance with court rules, at the sentencing hearing, the court shall ask if the victim is present and, if so, whether the victim would like to be heard regarding sentencing. in imposing sentence, 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 sentencing and shall take those views into consideration in imposing sentence.
(d) At or before the sentencing hearing, the prosecutor's office shall instruct the victim of a listed crime, in all cases where the court imposes a sentence which includes a period of incarceration, that a sentence of incarceration is to the custody of the commissioner of corrections and that the commissioner of corrections has the authority to affect the actual time the defendant shall serve in incarceration through good time credit, furlough, work-release and other early release programs. in addition, the prosecutor's office shall explain the significance of a minimum and maximum sentence to the victim and shall also explain the function of parole and how it may affect the actual amount of time the defendant may be incarcerated.
(e) The prosecutor's office shall use all reasonable efforts to keep the victim informed and consult with the victim throughout the plea agreement negotiation process in any case involving a victim of a listed crime. (Added 1999, No. 4, § 3.)
