Vermont § 5234 - Rights of victims in delinquency proceedings involving a listed crime

§ 5234. Rights of victims in delinquency proceedings involving a listed crime

• (a) The victim in a delinquency proceeding involving 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) when a delinquency petition has been filed, the name of the child and any conditions
  of release initially ordered for the child or modified by the court, unless otherwise
  limited by court order; (B) the victim’s rights as provided by law, information regarding how a case proceeds
  through a delinquency proceeding, the confidential nature of delinquency proceedings,
  and that it is unlawful to disclose confidential information concerning the proceedings
  to another person; (C) when a predispositional or dispositional court proceeding is scheduled to take place
  and when a court proceeding of which the victim has been notified will not take place
  as scheduled; and (D) whether delinquency has been found and disposition has occurred, and any conditions
  of release or conditions of probation and any restitution, unless otherwise limited
  by court order. (2) To file with the court a written or recorded statement of the impact of the delinquent
  act on the victim and the need for restitution. (3) 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
  pursuant to section 5235 of this title; to be notified as to the disposition, including probation; 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. (4) To be notified by the agency having custody of the delinquent child before the child
  is released into the community from a secure or staff-secured residential facility.
  The name of the facility shall not be disclosed. An agency’s inability to give notification
  shall not preclude the release. However, in such an event, the agency shall take reasonable
  steps to give notification of the release as soon thereafter as practicable. Notification
  efforts shall be deemed reasonable if the agency attempts to contact the victim at
  the address or telephone number provided to the agency in the request for notification. (5) To have the court take the victim’s 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. (6) [Repealed.] (b) The prosecutor’s office shall keep the victim informed and consult with the victim
  through the delinquency proceedings. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2015, No. 153 (Adj. Sess.), § 21; 2021, No. 160 (Adj. Sess.), § 10, eff. June 1, 2022.)