Vermont § 5405 - Court determination of sexually violent predators

§ 5405. Court determination of sexually violent predators

• (a) The General Assembly finds that some sexual offenders should be subject to increased
  sex offender registry and community notification procedures. It is the intent of the
  General Assembly that State’s Attorneys utilize the provisions in this section to
  petition the court to designate those offenders who pose a greater risk to the public
  as sexually violent predators to ensure that those offenders will be required to register
  as sex offenders for life, and that they will be among those offenders who are included
  on the State’s Internet Sex Offender Registry. (b) Within 15 days after the conviction of a sex offender, the State may file a petition
  with the court requesting that the person be designated as a sexually violent predator. (c) The determination of whether a person is a sexually violent predator shall be made
  by the court at the time of sentencing. (d) The court shall order a presentence investigation that shall include a psychosexual
  evaluation of the offender. (e) In making a determination of whether the person is a sexually violent predator, the
  court shall examine the following: (1) the person’s criminal history; (2) any testimony presented at trial, including expert testimony as to the person’s mental
  state; (3) the person’s history of treatment for a personality disorder or mental abnormality
  connected with his or her criminal sexual behavior; (4) any mitigating evidence, including treatment history, evidence of modified behavior,
  or expert testimony, that the convicted sex offender wishes to provide to the court
  prior to the determination; and (5) any other relevant evidence. (f) The standard of proof when the court makes such a determination shall be clear and
  convincing evidence that the convicted sex offender suffers from a mental abnormality
  or personality disorder that makes the person likely to engage in predatory sexually
  violent offenses. (g) The court shall determine whether the offender was eligible to be charged as a habitual
  offender as provided in section 11 of this title or a violent career criminal as provided in section 11a of this title and shall make findings as to such. (h) After making its determinations, the court shall issue a written decision explaining
  the reasons for its determinations and provide a copy of the decision to the Department
  within 14 days. (i) A person who is determined to be a sexually violent predator shall be subject to sex
  offender lifetime registration and community notification and inclusion on the Internet
  Sex Offender Registry as provided in this subchapter. (Added 1995, No. 124 (Adj. Sess.), § 1, eff. Sept. 1, 1996; amended 2001, No. 49, § 5, eff. Sept. 1, 2001; 2005, No. 79, § 8; 2017, No. 11, § 27.)