Center for Crime Victim Services

V.S.A. tit. 13, ch. 167, subch. 2

in effect

13 V.S.A. § 5359 Victims Compensation Special Fund

5359. Victims Compensation Special Fund (a) There is created a fund to be known as the Victims Compensation Fund. This Fund shall be administered by the Victims Compensation Board established by section 5352 of this title. The purpose of this Fund shall be to support the activities and the operating costs of the Victims Compensation Board and the Center for Crime Victim Services. (b) The Victims Compensation Fund shall consist of: (1) Fees imposed by the court clerk and designated for deposit into the Fund pursuant to section 7282 of this title. (2) Restitution as ordered by the court pursuant to section 7043 of this title. (3) Funds received from inmate labor contribution from the prison industries enhancement program or from any other source. (4) Appropriations by the General Assembly. (c) Balances in the Fund at the end of the fiscal year shall be carried forward and remain in the Fund. Added 2003, No. 57, § 13a, eff. June 4, 2003; amended 2015, No. 97 (Adj. Sess.), § 78.

13 V.S.A. § 5360 Domestic and Sexual Violence Special Fund

5360. Domestic and Sexual Violence Special Fund A Domestic and Sexual Violence Special Fund is established, to be managed in accordance with 32 V.S.A. chapter 7, subchapter 5 and administered by the Center for Crime Victim Services created in section 5361 of this title. The revenues of the Fund shall consist of that portion of the additional surcharge on penalties and fines imposed by section 7282 of this title deposited in the Domestic and Sexual Violence Special Fund and that portion of the town clerks’ fee for issuing and recording civil marriage or civil union licenses in 32 V.S.A. § 1712(1) deposited in the Domestic and Sexual Violence Special Fund. The Fund may be expended by the Center for Crime Victim Services for budgeted grants to the Vermont Network against Domestic and Sexual Violence. Added 2011, No. 162 (Adj. Sess.), § E.220.1; amended 2015, No. 97 (Adj. Sess.), § 79; 2023, No. 74, § 5b, eff. June 19, 2023.

13 V.S.A. § 5361 Center for Crime Victim Services

5361. Center for Crime Victim Services (a) The Center for Crime Victim Services is created and shall be responsible for the following: (1) strengthen and coordinate programs serving crime victims; (2) promote the rights and needs of crime victims statewide; (3) [Repealed.] (4) assist in the development and administration of other programs and services for crime victims and witnesses, as needed; (5) administer the federal Victims of Crime Act funds (VOCA); and (6) serve as a clearinghouse for information regarding victims of crime. (b) The Center shall be governed by and attached to the Victims Compensation Board for administrative support. (c) The Board may employ such staff as necessary to carry out its responsibilities under this chapter and chapter 165 of this title. Added 1991, No. 263 (Adj. Sess.), § 1; amended 1993, No. 88 § 2; 2003, No. 57, § 2, eff. July 1, 2004; 2015, No. 97 (Adj. Sess.), § 80.

13 V.S.A. § 5362 Restitution Unit

5362. Restitution Unit (a) A Restitution Unit is created within the Center for Crime Victim Services for purposes of ensuring that crime victims receive restitution when it is ordered by the court. (b) The Restitution Unit shall administer the Restitution Fund established under section 5363 of this title. (c) The Restitution Unit shall have the authority to: (1) Collect restitution from the offender when it is ordered by the court under section 7043 of this title. (2) Enforce a restitution obligation as a civil judgment under section 7043 of this title. The Restitution Unit shall enforce restitution orders issued prior to July 1, 2004 pursuant to the law in effect on the date the order is issued. (3)(A) Share and access information, including information maintained by the National Criminal Information Center, consistent with Vermont and federal law, from the court, the Departments of Corrections, of Motor Vehicles, of Taxes, and of Labor, and law enforcement agencies in order to carry out its collection and enforcement functions. The Restitution Unit, for purposes of establishing and enforcing restitution payment obligations, is designated as a law enforcement agency for the sole purpose of requesting and obtaining access to information needed to identify or locate a person, including access to information maintained by the National Criminal Information Center. (B) Provide information to the Department of Corrections concerning supervised offenders, including an offender’s restitution payment history and balance, address and contact information, employment information, and information concerning the Restitution Unit’s collection efforts. (C) The Restitution Unit is specifically authorized to collect, record, use, and disseminate Social Security numbers as needed for the purpose of collecting restitution and enforcing restitution judgment orders issued by the court, provided that the Social Security number is maintained on a separate form that is confidential and exempt from public inspection and copying under the Public Records Act. (4) Investigate and verify losses as determined by the Restitution Unit, including losses that may be eligible for advance payment from the Restitution Special Fund, and verify the amount of insurance or other payments paid to or for the benefit of a victim, and reduce the amount collected or to be collected from the offender or disbursed to the victim from the Crime Victims’ Restitution Special Fund accordingly. The Restitution Unit, when appropriate, shall submit to the Court a proposed revised restitution order, with copies provided to the victim and the offender. No hearing shall be required. (5) Adopt such administrative rules as are reasonably necessary to carry out the purposes set forth in this section. (6)(A) Report offenders’ payment histories to credit reporting agencies. The Unit shall not make a report under this subdivision (6) until after it has notified the offender of the proposed report by first class mail or other like means to give actual notice, and provided the offender a period not to exceed 20 days to contest the accuracy of the information with the Unit. The Unit shall immediately notify each credit bureau organization to which information has been furnished of any increases or decreases in the amount of restitution owed by the offender. (B) Obtain offenders’ credit reports from credit reporting agencies. The Unit shall not obtain a report under this subdivision (6) until after it has notified the offender by first class mail or other means likely to give actual notice of its intent to obtain the report. (7) Enter into a repayment contract with a juvenile or adult accepted into a diversion program and to bring a civil action to enforce the contract when a diversion program has referred an individual pursuant to 3 V.S.A. § 164a. (8) Contract with one or more sheriff’s departments for the purposes of serving process, warrants, demand letters, and mittimuses in restitution cases, and contract with one or more law enforcement agencies or other investigators for the purpose of investigating and locating offenders and enforcing restitution judgment orders. (9) Collect from an offender subject to a restitution judgment order all fees and direct costs, including reasonable attorney’s fees, incurred by the Restitution Unit as a result of enforcing the order and investigating and locating the offender. Added 2003, No. 57, § 3, eff. June 4, 2003; amended 2003, No. 92 (Adj. Sess.), § 1; 2005, No. 51, § 2; amended 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2005, No. 162 (Adj. Sess.), § 4, eff. Jan. 1, 2007; 2007, No. 40, § 3; 2011, No. 145 (Adj. Sess.), § 3; 2013, No. 126 (Adj. Sess.), § 1.

13 V.S.A. § 5363 Crime Victims’ Restitution Special Fund

5363. Crime Victims’ Restitution Special Fund (a) There is hereby established in the State Treasury a fund to be known as the Crime Victims’ Restitution Special Fund, to be administered by the Restitution Unit established by section 5362 of this title, and from which payments may be made to provide restitution to crime victims. (b)(1) There shall be deposited into the Fund: (A) all monies collected by the Restitution Unit pursuant to section 7043 and subdivision 5362(c)(7) of this title; (B) all fees imposed by the clerk of court and designated for deposit into the Fund pursuant to section 7282 of this title; (C) all monies donated to the Restitution Unit or the Crime Victims’ Restitution Special Fund; and (D) such sums as may be appropriated to the Fund by the General Assembly. (2) If a person donates funds, or if a restitution recipient has declined to accept payment of restitution, the donated or declined amounts shall be retained in the Crime Victims’ Restitution Special Fund. (3) If a victim who is entitled to receive an advance payment of restitution from the Crime Victims’ Restitution Special Fund cannot be located, the Restitution Unit shall report the amount to the Treasurer within the time limits provided by 27 V.S.A. § 1247(d), and the Treasurer shall report it as unclaimed property. Notwithstanding any other provision of law, in no event shall the advance payments from the Restitution Special Fund to which the victim is entitled be subject to ultimate deposit in the General or Education Fund. (c) The Restitution Unit shall make disbursements from the Restitution Special Fund only to pay restitution obligations arising under section 7043 of this title, to support the Restitution Unit, or pursuant to subsection (d) of this section. (d)(1) The Restitution Unit is authorized to advance up to $5,000.00 to a victim or to a deceased victim’s heir or legal representative if the victim: (A) was first ordered by the court to receive restitution on or after July 1, 2004; (B) is a natural person or the natural person’s legal representative; (C) has not been reimbursed under subdivision (2) of this subsection (d); and (D) is a natural person and has been referred to the Restitution Unit by a diversion program pursuant to 3 V.S.A. § 164a. (2) The Restitution Unit may make advances of up to $5,000.00 under this subsection to the following persons or entities: (A) a victim service agency approved by the Restitution Unit if the agency has advanced monies which would have been payable to a victim under subdivision (1) of this subsection; and (B) a victim who is a natural person or the natural person’s legal representative in a case where the defendant, before or after an adjudication of guilt, enters into a drug court contract requiring payment of restitution. (3) An advance under this subsection shall not be made to the government or to any governmental subdivision or agency. (4) An advance under this subsection shall not be made to a victim who: (A) fails to provide the Restitution Unit with the documentation necessary to support the victim’s claim for restitution; (B) violated a criminal law of this State that caused or contributed to the victim’s material loss; or (C) has crime-related losses that are eligible for payment from the Victims Compensation Special Fund. (5) An advance under this subsection shall not be made for the amount of cash loss included in a restitution judgment order. (6) An advance under this subsection shall not be made for: (A) jewelry or precious metals; or (B) luxury items or collectibles identified in rules adopted by the Unit pursuant to subdivision 5362(c)(5) of this title. (e) If the Restitution Unit collects in excess of $5,000.00 from an offender, the amount in excess of $5,000.00 shall first be paid to that offender’s victims until the victims have received the full amount of restitution ordered. Any excess remaining after the victims have received the full amount of restitution ordered shall be divided between the Victims Compensation Fund and the Crime Victims’ Restitution Special Fund in proportion to the amount which each paid. (f)(1) In no event shall the amount of restitution advanced to the victims of a single crime spree during a single fiscal year under this title exceed five percent of the balance of the Fund at the end of the prior fiscal year. If this section applies, an advance payment to a victim shall be reduced by the same percentage that the Restitution Unit reduces the total amount advanced to all victims in connection with the crime spree. Unless otherwise ordered by the court, the Restitution Unit shall determine the offenders and crimes encompassed within a crime spree. (2) A victim whose advance payment is reduced pursuant to this subsection shall be entitled to receive additional advance payments during subsequent fiscal years until the restitution order has been satisfied or the $5,000.00 cap has been reached, whichever occurs first. (g) All balances in the Fund at the end of any fiscal year shall be carried forward and remain a part of the Fund. Disbursements from the Fund shall be made by the State Treasurer on warrants drawn by the Commissioner of Finance and Management. (h) Notwithstanding anything in this section or any other provision of law to the contrary, revenue from the surcharge fees deposited into the Crime Victims’ Restitution Special Fund shall be used to support the Restitution Unit and restitution for crime victims, and as otherwise authorized by the General Assembly. Added 2003, No. 57, § 4, eff. June 4, 2003; amended 2003, No. 92 (Adj. Sess.), § 2; 2005, No. 51, § 3; 2007, No. 40, § 4, eff. July 1, 2012; 2011, No. 3, § 84, eff. Feb. 17, 2011; 2011, No. 55, § 13; 2011, No. 145 (Adj. Sess.), § 4; 2013, No. 126 (Adj. Sess.), § 2; 2025, No. 165 (Adj. Sess.), § 15, eff. June 18, 2026.

13 V.S.A. § 5364 Subrogation lien

5364. Subrogation lien The State shall be subrogated to the rights of the victim, assignee, heir, or dependent to whom restitution payments are made to the extent of the payments made. The State shall have a lien therefor and may commence an action or intervene in any action to protect and enforce such lien. Such subrogation rights shall be against any person liable for the pecuniary loss. Added 2005, No. 51, § 4.

13 V.S.A. § 5365 Access to financial records

5365. Access to financial records (a) As used in this section: (1) “Depositor” means an owner of an account in a financial institution and includes “share account holders” of credit unions. (2) “Financial institution” means a savings and loan association, a trust company, a savings bank, an industrial bank, a banking organization, a commercial bank, or a credit union organized under the laws of this State or authorized to do business in this State. (3) “Offender” means a person who owes restitution. (4) “Restitution” means an unsatisfied obligation to pay restitution that was ordered in connection with a criminal case and about which, prior to the issuance of the order, the offender had notice and an opportunity to contest the amount owed. (5) “Restitution unit” means the State of Vermont restitution unit. (b) Upon receipt of a duly authorized written request from the restitution unit to identify depository accounts held by an offender, a financial institution shall search its depositor records in order to identify accounts in which the offender has an ownership or beneficial interest. (c) A financial institution shall notify the restitution unit of all accounts identified in response to a request filed under subsection (b) of this section. The notification shall contain the following information, if available to the financial institution through its search procedure, for each account identified: (1) The full name, date of birth, and address that the offender provided for himself or herself to the financial institution. (2) The offender’s Social Security number. (3) The offender’s account number. (4) The amount of deposits contained in the offender’s account. (5) Whether the offender is the sole owner of the account. (d) The financial institution shall not provide notice in any form to a depositor identified by the restitution unit pursuant to this section. Failure to provide notice to a depositor shall not constitute a violation of the financial institution’s duty of good faith to its customers. (e) A financial institution may charge the restitution unit a fee for services provided under this section, provided that the fee shall not exceed the actual costs incurred by the financial institution. (f) The information provided to each other by the financial institution and the restitution unit pursuant to this section shall be confidential and shall be used only for the purpose of collecting unpaid restitution. Added 2007, No. 40, § 5.

13 V.S.A. § 5366 Delay in debt collection by health care provider

5366. Delay in debt collection by health care provider (a) When a person files a claim under this chapter, no health care provider that has been given notice of the claim shall conduct any debt collection activities relating to medical or dental treatment received by the person in connection with the claim until an award is made on the claim or until the claim is determined to be noncompensable pursuant to section 5355 of this title. The period during which the health care provider is prohibited from conducting debt collection activities under this section shall be excluded in determining the applicable limitations period for commencing an action to collect the debt. (b) As used in this section: (1) “Debt collection activities” means repeatedly calling or writing to the claimant and threatening to turn the matter over to a debt collection agency or to an attorney for collection, enforcement, or filing of other process. The term shall not include routine billing or inquiries about the status of the claim. (2) “Health care provider” shall have the same meaning as in 18 V.S.A. § 9402. Added 2007, No. 173 (Adj. Sess.), § 3.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/13/167Fetched: 10/21/2026