V.S.A. tit. 13, ch. 223, subch. 3 — Treasury Entitled to Fines and Costs and Liable for Costs | Vermont Statutes Annotated (through the 2026 session) — Vermont

13 V.S.A. § 7251 Municipalities; payment to and liability of

7251. Municipalities; payment to and liability of (a) Fines, forfeitures, and penalties, imposed by the District or Superior court or by the Judicial Bureau for violation of a village, town, or city ordinance shall be paid to the village, town, or city, respectively, except for a $12.50 administrative charge for each case which shall be retained by the State. (b) Fines, forfeitures, and penalties imposed by the Judicial Bureau for all speeding traffic violations under 23 V.S.A. chapter 13, subchapter 8 entitled “speed restrictions” on State highways and for height and width violations under 23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 on town highways resulting from the enforcement by towns within the jurisdiction of the town shall be paid to the town by the formula set forth in subsection (c) of this section except for the administrative charge according to the provisions of subsection (a) of this section which shall be retained by the State. The enforcement by towns shall be by a town law enforcement officer or a law enforcement officer by contract with the town. Such law enforcement officer shall be certified according to the provisions of 20 V.S.A. § 2358. Nothing in this section shall be construed to limit the jurisdiction of a certified law enforcement officer. The revenue that is collected by the State pursuant to enforcement of this section by a town shall be distributed annually during the first quarter of the fiscal year immediately following the fiscal year in which the fines, forfeitures, and penalties are collected. (c) The allocation of revenue to the towns under the formula shall be updated annually by the State Court Administrator and shall provide that the revenue be distributed to those towns whose law enforcement efforts on State highways and town highways as specifically set forth in subsection (b) of this section have resulted in the imposition of the fines, forfeitures, and penalties for all speeding traffic violations under 23 V.S.A. chapter 13, subchapter 8 entitled “speed restrictions” and for height and width violations under 23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 provided that no town may receive more than five percent of the total revenue in any given year. The formula used for distribution shall reflect the percentage of a town’s law enforcement expenditures as it relates to the town’s total municipal taxing effort. The town’s total municipal taxing effort shall be determined by subtracting the town’s school taxes assessed from the total taxes assessed as provided each year in the annual report of the division of property valuation and review by the Vermont Department of Taxes. By July 31 of each year, the local legislative body of any town that had law enforcement efforts resulting in the imposition of fines, forfeitures, and penalties and that wishes to participate shall submit to the Court Administrator the total amount of the funds spent for law enforcement in the most recently completed town fiscal year. (d) Fines, forfeitures, and penalties imposed by the Judicial Bureau for violations of subdivisions 352(3), (4), and (9) of this title, relating to animal cruelty that result from the enforcement by villages, towns, and cities within their jurisdiction shall be paid to the respective village, town, or city, except for a $12.50 administrative charge for each violation that shall be retained by the State. The enforcement by villages, towns, and cities shall be by a local law enforcement officer or a law enforcement officer by contract with the village, town, or city. Such law enforcement officer shall be certified according to the provisions of 20 V.S.A. § 2358. Amended 1973, No. 249 (Adj. Sess.), § 58, eff. April 9, 1974; 1975, No. 227 (Adj. Sess.), § 4; 1989, No. 109, § 7; 1993, No. 237 (Adj. Sess.), § 7, eff. Nov. 1, 1994; 1995, No. 77 (Adj. Sess.), § 6, eff. March 21, 1996; 1995, No. 133 (Adj. Sess.), § 1; 1997, No. 46, §§ 8, 9; 1997, No. 121 (Adj. Sess.), § 30; 2001, No. 149 (Adj. Sess.), § 74, eff. June 27, 2002; 2007, No. 51, § 21.

13 V.S.A. § 7252 Fines and penalties payable to State

7252. Fines and penalties payable to State All fines, forfeitures, and penalties received by the District or Superior court or by the Judicial Bureau, except as provided in section 7251 of this title, shall belong and be paid to the State, except for a $12.50 administrative charge for each offense or violation where a fine or penalty is assessed. The administrative charge shall be deposited in the Court Technology Special Fund established pursuant to 4 V.S.A. § 27. Amended 1969, No. 131, § 14, eff. April 23, 1969; 2007, No. 65, § 62.

13 V.S.A. § 7253 Payment of costs by State

7253. Payment of costs by State The costs of prosecution for the breach of a penal law or other offense, except as provided in section 7251 of this title, shall be paid out of the treasury of the State.

13 V.S.A. § 7254 Unorganized towns and gores

7254. Unorganized towns and gores Unless otherwise disposed of by law, fines, forfeitures, and penalties imposed on a person residing in an unorganized town or gore, shall belong and be paid to the State. Amended 1969, No. 131, § 15, eff. April 23, 1969.

13 V.S.A. § 7255 Exceptions where respondent committed in default of payment

7255. Exceptions where respondent committed in default of payment When the penalty is wholly or partly by fine payable to the treasurer of a county, town, or village, if the respondent is committed in default of payment, the fine shall be payable to the State, and the costs shall be paid from the State treasury as in other cases where the costs are paid by the State. Amended 1969, No. 131, § 23, eff. April 23, 1969.

13 V.S.A. § 7259 Private prosecutors—Liability for and right to costs

7259. Private prosecutors—Liability for and right to costs When a person other than an informing officer, becomes a prosecutor, he or she shall enter his or her name and place of residence at the foot of the complaint, information or indictment, and shall be liable to pay costs on such prosecution, and, on conviction, may receive costs.

13 V.S.A. § 7260 Recognizance to respondent

7260. Recognizance to respondent The prosecutor shall, before a warrant issues for the arrest of the respondent, enter into a recognizance with surety to the respondent, conditioned to prosecute to effect, or, on failure thereof, to pay the costs adjudged to the respondent.

13 V.S.A. § 7261 Prosecutor to advance fees

7261. Prosecutor to advance fees The prosecutor shall advance the fees and incur the expenses of prosecution in the same manner as in civil causes, and no treasury shall be liable for the same.

13 V.S.A. § 7262 Travel expenses

7262. Travel expenses (a) Any person extradited to the State of Vermont on the basis of one or more criminal offenses alleged to have been committed in the State of Vermont against whom all charges are subsequently dismissed, either by the State’s Attorney or the Attorney General due to insufficient evidence or by the court on the basis of the State’s failure to establish a prima facie case, may be compensated for travel-related expenses necessary to return to the place from which the person was extradited. (b) The court shall hear the defendant’s request for travel-related expenses, as related to subsection (a) of this section, as soon as possible after dismissal and may order that such payment be made forthwith as the court in its discretion deems appropriate. (c) Payments so ordered shall be made from the amount appropriated to the Attorney General for extraditions. Added 1981, No. 74.