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ACT NO. 51


Criminal procedures; restitution

This act makes a number of changes to restitution procedures. The act:

(1) permits the restitution unit to share information with the department of motor vehicles and to provide restitution-related information to the department of corrections concerning offenders under the department's supervision;

(2) permits the restitution unit to reduce restitution payments if victims have been compensated through insurance payments or other means;

(3) authorizes the restitution unit to adopt administrative rules;

(4) permits the restitution unit to retain donations and restitution payments which a victim has declined;

(5) provides that crime victims who are natural persons are generally paid restitution through advance payments from the restitution fund, while crime victims who are businesses or government entities are paid restitution which is collected from the offender;

(6) permits advance payments from the restitution fund to victim services agencies approved by the restitution unit and to victims in cases where the defendant, before or after an adjudication of guilt, enters into a drug court contract requiring payment of restitution;

(7) establishes limits on the amount of restitution which can be paid to multiple victims of a crime spree;

(8) subrogates the state to the rights of victims to whom restitution payments are made and provides the state with a lien on such payments; and

(9) makes a number of technical amendments.

Effective date: July 1, 2005

Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont