Vermont § 5321 - Appearance by victim

§ 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, or in the event a proposed plea agreement filed
  with the court recommends a deferred sentence, at any change of plea hearing concerning
  the person charged with committing 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) The change of plea hearing or 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 or change of plea hearing, the court
  shall ask if the victim is present and, if so, whether the victim would like to be
  heard regarding sentencing or the proposed deferral of sentencing. In imposing the
  sentence or considering whether to defer sentencing, 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 or the proposed deferral of sentencing and shall take those views into
  consideration in imposing the sentence or considering whether to defer sentencing. (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 that 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 earned
  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, explain the function of parole and how it may affect the actual amount
  of time the defendant may be incarcerated, and inform the victim of the maximum amount
  of earned time that the defendant could accrue and that earned time only affects when
  a defendant is eligible for parole consideration but does not necessarily result in
  the defendant’s release. (e) At or before a change of plea hearing where the plea agreement filed with the court
  proposes a deferred sentence, the prosecutor’s office shall instruct the victim of
  a listed crime about the significance of a deferred sentence and the potential consequences
  of a violation of conditions imposed by the court. In addition, the prosecutor’s office
  shall consult with the victim concerning any proposed probation conditions prior to
  the hearing. (f) 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; amended 2015, No. 5, § 2, eff. April 9, 2015; 2015, No. 155 (Adj. Sess.), § 3; 2021, No. 12, § 1, eff. April 26, 2021.)