2005 Vermont Code - § 5529a. — Victim\'s statement at disposition proceeding; victim notification

§ 5529a. Victim's statement at disposition proceeding; victim notification

(a) Upon the filing of a delinquency petition, the court shall notify a victim of his or her rights as provided by law and his or her responsibilities regarding the confidential nature of juvenile proceedings.

(b) A victim of a delinquent act has the right in a disposition proceeding 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. A victim of a delinquent act involving a listed crime also has the right to be present at the disposition hearing for the sole purpose of presenting to the court the impact of the delinquent act on the victim and the need for restitution. A victim of a delinquent act that is not a listed crime may be present at the disposition hearing for the sole purpose of presenting to the court the impact of the delinquent act on the victim and the need for restitution if the court finds that the victim's presence at the disposition hearing is in the best interests of the child and the victim. The court shall take a victim's views into consideration in the court's disposition order. A victim shall not be allowed to be personally present at any portion of the disposition hearing except to present the impact statement unless authorized by the court.

(c) After an adjudication of delinquency involving an act that is not a listed crime has been made, upon request of the victim, the court may release to the victim the identity of the child if the court finds that release of the child's identity to the victim is in the best interests of both the child and the victim. After an adjudication of delinquency involving an act that is a listed crime has been made, upon request of the victim, the prosecutor's office shall release to the victim the identity of the child.

(d) In a delinquency proceeding not involving a listed crime, the court shall inform the victim of the disposition in the case. In a delinquency proceeding involving a listed crime, the prosecutor's office shall inform the victim of the disposition in the case. (Added 1995, No. 170 (Adj. Sess.), § 17, eff. Sept. 1, 1996; amended 2003, No. 73 (Adj. Sess.), § 4, eff. March 1, 2004.)