NO. 73.  AN ACT RELATING TO ACCESS TO JUVENILE PROCEEDINGS.

(S.255)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  13 V.S.A. § 5320 is amended to read:

§ 5320.  NOTIFICATION OF CONDITIONS OF RELEASE TO VICTIM IN                                DELINQUENCY PROCEEDINGS

Upon request, the A victim in a delinquency proceeding based on a listed crime shall be notified promptly by the prosecutor’s office when conditions of release are initially ordered or modified by the court, and of the identity of the child when the conditions of release relate to the victim or a member of the victim’s family or current household.  A victim in a delinquency proceeding based on an act that is not a listed crime shall be notified promptly by the court when conditions of release are initially ordered or modified by the court, and of the identity of the child when the conditions of release relate to the victim or a member of the victim’s family or current household.  Victims are entitled only to information contained in the conditions of release that pertain to the victim or a member of the victim’s family or current household.

Sec. 2.  33 V.S.A. § 5502(a)(19) is added to read:

§ 5502.  DEFINITIONS AND PROVISIONS OF GENERAL APPLICATION

(a)  As used in this chapter, unless the context otherwise requires:

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(19)  “Listed crime” means the same as defined in 13 V.S.A. § 5301.

Sec. 3.  33 V.S.A. § 5523 is amended to read:

§ 5523.  CONDUCT OF HEARINGS

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(c)  Except in hearings to declare a person in contempt of court, the general public shall be excluded from hearings under this chapter and only the parties, their counsel, witnesses, and other persons accompanying a party for his or her assistance and such other persons as the court finds to have a proper interest in the case or in the work of the court, may be admitted by the court.  If the court finds that it is to the best interest and welfare of the child, his the child’s presence may be temporarily excluded, except while a charge of his delinquency is being heard at the hearing on the petition.

(d)  There shall be no publicity given by any person to any proceedings under the authority of this chapter except with the consent of the child and his the child’s parent or guardian.  This subsection shall not prohibit a victim’s exercise of his or her rights under sections 5529a and 5529g of this title, 13 V.S.A. § 5320, and as otherwise provided by law.

Sec. 4.  33 V.S.A. § 5529a is amended to read:

§ 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)  The A victim of a delinquent act has the right in a disposition proceeding to file with the court a written or recorded statement or oral tape recording of his or her views concerning the delinquent act, disposition 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 those a victim’s views into consideration in the court’s disposition order.  The 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.

(b)(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)  The In a delinquency proceeding not involving a listed crime, the court shall inform the victim of the disposition in the case without revealing the identity of the juvenile.  In a delinquency proceeding involving a listed crime, the prosecutor’s office shall inform the victim of the disposition in the case.

Sec. 5.  33 V.S.A. § 5529g is added to read:

§ 5529g.  RIGHTS OF VICTIMS IN DELINQUENCY PROCEEDINGS

                 INVOLVING A LISTED CRIME

The victim in a delinquency proceeding involving a listed crime shall have the following rights:

(1)  To be notified by the prosecutor’s office in a timely manner when a predispositional or dispositional court proceeding is scheduled to take place, and when a court proceeding of which he or she has been notified will not take place as scheduled.

(2)  To be notified by the prosecutor’s office as to whether delinquency has been found and disposition has occurred, including any conditions or restitution relevant to the victim.

(3)  To present a victim’s impact statement at the disposition hearing in accordance with subsection 5529a(b) of this title and to be notified as to the disposition pursuant to subsection 5529a(d).

(4)  Upon request, to be notified by the agency having custody of the delinquent child before he or she is discharged from a secure or staff-secured residential facility.  The name of the facility shall not be disclosed.  An agency’s inability to give notification shall not preclude the release.  However, in such an event, the agency shall take reasonable steps to give notification of the release as soon thereafter as practicable.  Notification efforts shall be deemed reasonable if the agency attempts to contact the victim at the address or telephone number provided to the agency in the request for notification.

(5)  To obtain the name of the child in accordance with sections 5320 and 5529a of this title.

(6)  To be notified by the court of the victim’s rights under this section.

Sec. 6.  13 V.S.A. § 7554 is amended to read:

§ 7554.  RELEASE PRIOR TO TRIAL

(a)  Any person charged with an offense, other than a person held without bail under section 7553 or 7553a of this title, shall at his or her appearance before a judicial officer be ordered released pending trial in accordance with this section.

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(3)  A judicial officer may as a condition of release order that a defendant not harass or cause to be harassed a victim or potential witness.  This order shall take effect immediately, regardless of whether the defendant is incarcerated or released.

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Sec. 7.  EFFECTIVE DATE

This act shall take effect on March 1, 2004.

Approved:  February 6, 2004