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Fines and Fees
State Statute Description/Statute Name Statutory language Amount Level of offense Mandatory Imposed by Delegation of authority
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Vermont Vt. Stat. Ann. tit. 13 § 5 Accessory after the fact
A person not standing in the relation of husband, wife, parent, grandparent, child, grandchild, brother, or sister, by consanguinity or affinity, to an offender, who, after the commission of a
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felony, harbors, conceals, maintains, or assists such offender with intent that he or she shall avoid or escape arrest or punishment therefor, shall be imprisoned not more than seven years or fined not more than $1,000.00, or both.
$0.00 - $1000.00 Felony No Court N/A
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Vermont Vt. Stat. Ann. tit. 13 § 7 Inciting to felony
A person who endeavors to incite, procure or hire another person to commit a felony, though a felony is not actually committed as a result of such inciting, hiring or
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procuring, shall be imprisoned not more than five years or fined not more than $500.00, or both.
$0.00 - $500.00 Felony No Court N/A
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Vermont Vt. Stat. Ann. tit. 13 § 8 Compounding felony
A person having knowledge of the commission of a felony who takes money, or a gratuity or reward, or an engagement therefor, upon an agreement or understanding, expressed or implied,
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to compound or conceal such felony or not to prosecute therefor, or not to give evidence thereof, shall be imprisoned not more than 10 years or fined not more than $1,000.00, or both.
$0.00 - $1000.00 Felony No Court N/A
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Vermont Vt. Stat. Ann. tit. 13 § 9 Attempts
(b) If the offense attempted to be committed is a felony other than those set forth in subsection (a) of this section, a person shall be punished by the less
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severe of the following punishments: (1) imprisonment for not more than 10 years and fined not more than $10,000.00, or both; or (2) as the offense attempted to be committed is by law punishable.
$0 - $10000

Whichever punishment is less severe
Felony No Court N/A
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Vermont Vt. Stat. Ann. tit. 13 § 205 Intermarriage of or fornication by persons prohibited to marry
Persons between whom marriages are prohibited by the laws of this state who intermarry or commit fornication with each other shall be imprisoned not more than five years or fined
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not more than $1,000.00, or both.
$0.00 - $1000.00 Felony No Court N/A
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Vermont Vt. Stat. Ann. tit. 13 § 301 Posting utility poles A person who paints or posts a sign, advertisement, or notice on a telegraph, telephone, or electric light pole shall be fined $5.00 for each offense. $5.00 - $5.00 Misdemeanor Yes All N/A
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Vermont Vt. Stat. Ann. tit. 13 § 302 Advertising littering streets
A person who by himself, herself, servant or agent, advertises an entertainment or occupation, by throwing posters, bills, or advertising sheets of any kind, loose in a public street or
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highway, shall be fined not more than $50.00 nor less than $5.00, with costs.
$5.00 - $50.00 Misdemeanor Yes All N/A
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Vermont Vt. Stat. Ann. tit. 13 § 303 Posting on private property
A person who advertises his or her wares or occupations, by painting or posting notice of the same on fences or other private property, or on rocks or other natural
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objects, without leave of the owner, shall be fined $10.00.
$10.00 - $10.00 Misdemeanor Yes Court N/A
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Vermont Vt. Stat. Ann. tit. 13 § 353(a)(1) Animal cruelty under § 352
(1) Except as provided in subdivision (3) or (4) of this subsection, cruelty to animals under section 352 of this title shall be punishable by a sentence of imprisonment of
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not more than one year, or a fine of not more than $2,000.00, or both.
$0.00 - $2000.00 Misdemeanor No Court N/A
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Vermont Vt. Stat. Ann. tit. 13 § 353(a)(1) Animal cruelty under § 352 - subsequent offenses Second and subsequent convictions shall be punishable by a sentence of imprisonment of not more than two years or a fine of not more than $5,000.00, or both. $0.00 - $5000.00 Misdemeanor No Court N/A
Poverty Penalties and Poverty Traps
State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Vermont Vt. Stat. Ann. tit. 13 § 5422(a) Actions to recover profits from a crime

(a)  Notwithstanding any other provision of law, including any statute of limitations, any crime victim shall have the right to bring a civil action in a court of competent jurisdiction to

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recover money damages from a person convicted of that crime, or the legal representative of that convicted person, within three years of the discovery of any profits from the crime. Any damages awarded in such action shall be recoverable only up to the value of the profits of the crime. This section shall not limit the right of a victim to proceed or recover under another cause of action.

(b)  The Attorney General may, within three years of the discovery of any profits from the crime, bring a civil action on behalf of the State to enforce the subrogation rights described in section 5357 of this title.

(c)  If the full value of any profits from the crime has not yet been claimed by either the victim of the crime or the victim's representative, the Attorney General, or both, within three years of the discovery of such profits, then the State may bring a civil action in a court of competent jurisdiction to recover the costs incurred by providing the defendant with counsel, if any, and other costs reasonably incurred or to be incurred in the incarceration of the defendant.

Civil judgment All No
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Vermont Vt. Stat. Ann. tit. 13 § 7173 Mittimus against property of respondent

A mittimus issued by a court for the collection of a penalty, and fine in criminal prosecutions, in the discretion of such court, in addition to the prescribed form, may

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be issued against the goods, chattels, or lands of the respondent in the form in which executions are issued. Such mittimus may be levied upon the goods, chattels, or lands of the respondent, and the same sold in satisfaction thereof as in the sale of personal property or real estate upon execution.

Property liens All No
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Vermont Vt. Stat. Ann. tit. 13 § 7180(4)(b) Remedies for failure to pay fines, costs, surcharges, and penalties

(4)  Contempt. (A) The court may conclude that the defendant is in contempt if the court finds that: (i) the defendant knew or reasonably should have known that he or she

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owed the amount due; (ii) the defendant had the ability to pay all or any portion of the amount due; and (iii) the defendant failed to pay all or any portion of the amount due.

(B) If the court concludes that the defendant is in contempt, the court may: (i) Order payment of the amount due on a specific date. (ii) Assess an additional penalty not to exceed ten percent of the amount due. (iii) Direct that the matter be reported to one or more designated credit bureaus. The Court Administrator or the Court Administrator's designee is authorized to contract with one or more credit bureaus for the purpose of reporting information about unpaid Judicial Bureau judgments. (iv)  Refer to Small Claims Court for the purpose of issuing writs of attachment for property and trustee process pursuant to 12 V.S.A. § 5534. Filing fees shall be waived in such cases. (v) Sentence the defendant to serve a term of imprisonment on furlough to participate in a program supervised by the Department of Corrections pursuant to 28 V.S.A. § 808(a) that provides reparation to the community in the form of supervised work activities. For each day the defendant participates in supervised work activities, the defendant shall be given credit against the amount owed at the hourly rate for minimum wage. A defendant who is determined by the Department of Corrections to be ineligible for the preapproved furlough supervised work program may be ordered by the court to serve a sentence in a correctional facility, in which event the defendant shall be given credit against the amount owed for every day served at a rate determined by the court.

Incarceration, Increased fine, Property liens, Work program/jail industry program All No
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Vermont Vt. Stat. Ann. tit. 28 § 252(b)(7) Condition of probation

(b) When imposing a sentence of probation, the court may, as a condition of probation, require that the offender: (6) Make restitution or reparation to the victim of his or her conduct, or

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to the Victims' Compensation Fund to the extent it has made payment to or on behalf of the victim in accordance with 13 V.S.A. chapter 167, for the damage or injury which was sustained. When restitution or reparation is a condition of the sentence, the court, in accordance with 13 V.S.A. § 7043, shall fix the amount thereof, which shall not exceed an amount the defendant can or will be able to pay, and shall fix the manner of performance. (7) Pay a fine authorized in accordance with law.

Condition or extension of supervision All No
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Vermont Vt. Stat. Ann. tit. 13 § 7043(f)(1) Restitution

If not paid at the time of sentencing, restitution may be ordered as a condition of probation, supervised community sentence, furlough, preapproved furlough, or parole if the convicted person is

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sentenced to preapproved furlough, probation, or supervised community sentence, or is sentenced to imprisonment and later placed on parole. A person shall not be placed on probation solely for purposes of paying restitution. An offender may not be charged with a violation of probation, furlough, or parole for nonpayment of a restitution obligation incurred after July 1, 2004.

Condition or extension of supervision All No
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Vermont Vt. Stat. Ann. tit. 23 § 1209a(a)(1)(D) Conditions of reinstatement; alcohol and driving education; screening; therapy programs

(1) In the case of a first suspension, a license or privilege to operate shall be reinstated only: . . . (D) if the person has no pending criminal charges,

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civil citations, or unpaid fines or penalties for a violation under this chapter.

Driver's license suspension/impoundment All Yes
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Vermont Vt. Stat. Ann. tit. 4 § 1109 Remedies for failure to pay; contempt

(b)  Late fees; suspensions for nonpayment of certain traffic violation judgments.

(1)  A Judicial Bureau judgment shall provide notice that a $ 30.00 fee shall be assessed for failure to pay within 30

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days. If the defendant fails to pay the amount due within 30 days, the fee shall be added to the judgment amount and deposited in the Court Technology Special Fund established pursuant to section 27 of this title.

(2) (A) In the case of a judgment on a traffic violation for which the imposition of points against the person's driving record is authorized by law, the judgment shall contain a notice that failure to pay or otherwise satisfy the amount due within 30 days of the notice will result in suspension of the person's operator's license or privilege to operate, and that payment plan options are available. If the defendant fails to pay the amount due within 30 days of the notice, or by a later date as determined by a Judicial Bureau clerk or hearing officer, and the case is not pending on appeal, the Judicial Bureau shall provide electronic notice thereof to the Commissioner of Motor Vehicles. After 20 days from the date of receiving the electronic notice, the Commissioner shall suspend the person's operator's license or privilege to operate for a period of 30 days or until the amount due is satisfied, whichever is earlier. (B) At minimum, the Judicial Bureau shall offer a payment plan option that allows a person to avoid a suspension of his or her license or privilege to operate by paying no more than $ 30.00 per traffic violation judgment per month, and not to exceed $ 100.00 per month if the person has four or more outstanding judgments.

(B) In the contempt order, the hearing officer may do one or more of the following: (i) Set a date by which the defendant shall pay the amount due. (ii) Assess an additional penalty not to exceed ten percent of the amount due; . . .  (iv)  Recommend that the Criminal Division of the Superior Court incarcerate the defendant until the amount due is paid. If incarceration is recommended pursuant to this subdivision (c)(5), the Judicial Bureau shall notify the Criminal Division of the Superior Court that contempt proceedings should be commenced against the defendant. The Criminal Division of the Superior Court proceedings shall be de novo. If the defendant cannot afford counsel for the contempt proceedings in the Criminal Division of the Superior Court, the Defender General shall assign counsel at the Defender General's expense.

Driver's license suspension/impoundment, Incarceration, Increased fine Traffic No
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Vermont Vt. Stat. Ann. tit. 28 § 502b(c) Terms and conditions of parole

(c) A person residing in and participating in programs at a treatment center shall abide by the rules and regulations of the center and may be required to pay such

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costs incident to residents as the Commissioner deems appropriate.

Condition or extension of supervision All No
Ability to Pay
State Statute Description/Statute Name Statutory language Level of offense Definition of ability to pay Timeline Burden of proof Method of determination Mandatory Remedies if unable to pay
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Vermont Vt. Stat. Ann. tit. 13 § 5238(f) Co-payment and reimbursement orders

A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the

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court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.

All

Payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so

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require.

At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Other No

Court will remit all or part of the amount due or modify the method of payment.

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Vermont Vt. Stat. Ann. tit. 13 § 7180(c)(3),(4)(C) Remedies for failure to pay fines, costs, surcharges, and penalties

(c) Civil contempt proceeding. (3) Hearing. --  The hearing shall be conducted in a summary manner. The court shall examine the defendant and any other witnesses and may require the defendant

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to produce documents relevant to the defendant's ability to pay the amount due. Evidence is admissible if it is of a type commonly relied upon by a reasonably prudent person in the conduct of his or her affairs. The Vermont Rules of Evidence shall not apply except that the rules related to privilege shall apply. The State shall not be a party except with the permission of the court. The defendant may be represented by counsel at the defendant's own expense.

(4)(C)  If the court concludes that the defendant is not in contempt because the defendant does not have the ability to pay the amount due, the court may: (i)  suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title; (ii)  order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.

All

Not provided for

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing Yes

Suspend all or any part of the amount due in the interests of justice, except that the court may not waive surcharges imposed pursuant to section 7282 of this title;

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order the defendant to participate in the Restorative Justice Program conducted by a community reparative board and direct the reparative board to determine an appropriate amount of community service to be performed in lieu of all or part of the amount due.

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Vermont Vt. Stat. Ann. tit. 13 § 7180(f) Community service for traffic offense

(f) (1)  A defendant who is not incarcerated may file a motion to convert all or part of a traffic offense fine to community service. The court may grant the motion if

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the defendant establishes that he or she has made a good faith effort to pay the fine but is unable to do so. A fine converted to community service pursuant to this subsection shall not be considered a modification of sentence and shall not be subject to the time limits of Vermont Rule of Criminal Procedure 35.

(2)  Community service performed pursuant to a motion granted under this subsection shall be: (A)  credited against outstanding fines at the then-existing rate of the Vermont minimum wage: (B)  monitored by Diversion, a restorative justice panel of a community justice center, or a similar entity approved by the court, that shall report on the defendant's compliance status to the court; (C)  performed in the county where the offense occurred.

(3)  A conversion of a fine to community service under this subsection: (A)  shall not apply to surcharges, court costs, or other assessments; (B)  shall be in addition to the contempt procedures applicable under this section.

Traffic

Made a good faith effort to pay the fine but is unable to do so.

At defendant's request at enforcement Burden on defendant to show inability to pay Other No

Convert to community service

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Vermont Vt. Stat. Ann. tit. 13 § 2022 Bad checks

A person who issues or passes a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee, shall be imprisoned

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for not more than one year or fined not more than $ 1,000.00, or both. The court shall order restitution in the amount of the check or order, together with a service charge not to exceed $ 5.00, if it is established that the defendant has the ability to pay.

Misdemeanor

Not provided for

Before imposition of fine or fee Not provided for Not provided for Yes

No restitution or service charge ordered

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Vermont Vt. Stat. Ann. tit. 13 § 7043(d)(2),(e)(1) Restitution

(d) In awarding restitution, the Court shall make findings with respect to: . . . (2) The offender's current ability to pay restitution, based on all financial information available to

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the Court, including information provided by the offender.

(e)(1) An order of restitution shall establish the amount of the material loss incurred by the victim, which shall be the restitution judgment order. In the event the offender is unable to pay the restitution judgment order at the time of sentencing, the court shall establish a restitution payment schedule for the offender based upon the offender's current and reasonably foreseeable ability to pay, subject to modification under subsection (l) of this section. 

All

Not provided for

Before imposition of fine or fee Not provided for Determined by judge after hearing Yes

Payment plan

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Vermont Vt. Stat. Ann. tit. 13 § 5238(b) Co-payment and reimbursement orders

(b)  The court shall require any person assigned counsel pursuant to section 5236 of this title to pay for all or part of the cost of representation based upon his or

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her ability to pay. Unless the person and cohabiting family members are found to be financially unable to pay, in all cases the court shall order a minimum payment of $ 50.00.

(f)  A person who may be or has been ordered to pay all or part of the cost of representation by co-payment or reimbursement order may at any time petition the court making the order for remission of all of the amount or any part thereof. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require, the court may remit all or part of the amount due or modify the method of payment.

All

Manifest hardships on the defendant or the defendant's immediate family or that the circumstances of case disposition and the interests of justice so require

Before imposition of fine or fee Not provided for Not provided for Yes

Not having to pay the cost or minimum fee for representation; court may remit all or part of the amount due or modify the method of payment.

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Vermont Vt. Stat. Ann. tit. 4 § 1109(c)(4)(A) Remedies for failure to pay; contempt

(4)(A) Hearing. The hearing shall be conducted in a summary manner. The hearing officer shall examine the defendant and any other witnesses and may require the defendant to produce documents

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relevant to the defendant's ability to pay the amount due. The State or municipality shall not be a party except with the permission of the hearing officer. The defendant may be represented by counsel at the defendant's own expense.

All

Not provided for

At enforcement of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

May not be held in contempt for failure to pay.

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Vermont Vt. Stat. Ann. tit. 13 § 5255(b) Recovery from defendant

(b) The Defender General or the Commissioner of Taxes, on behalf of the State, may recover reimbursement from each person, other than a person covered by subsection (a) of this

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section, who has received legal assistance under this chapter and who, on the date on which suit is brought, is financially able to reimburse the State for it according to the standards of ability to pay applicable under subdivision 5201(3), section 5231, and subsection 5238 (b) of this title, but refuses to do so. Suit must be brought within three years after the date on which the benefit was received. The amount of recovery shall be equal to the average cost per case for representation supported by the budget of the Defender General for the calendar year in which legal assistance was completed as determined by the Defender General, less any reimbursement or co-payment actually paid for representation.

All

Not provided for

Before imposition of fine or fee Not provided for Not provided for No

State may not recover reimbursement for received legal assistance.

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Vermont Vt. Stat. Ann. tit. 13 § 5236 Determination of financial need

(a) The determination whether a person covered by sections 5231-5234 of this title is a needy person shall be deferred until his or her first appearance in court or in

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a suit for payment or reimbursement under section 5255 of this title, whichever occurs earlier. Thereafter, the court shall determine, with respect to each proceeding, whether the person is a needy person. As used in this section, an appeal is a separate proceeding. The determination of need, for purposes of an appeal, shall be based on a separate application submitted on or after the date of the order appealed from, except that an appeal from a proceeding under 33 V.S.A. chapter 51, 52, or 53 is not a separate proceeding and does not require a separate application.
(b) In determining whether a person is a needy person and the extent of his or her ability to pay, the court may consider such factors as income, property owned, outstanding obligations, and the number and ages of dependents as specified in rules of the Supreme Court adopted pursuant to section 5204 of this title. Release on bail does not necessarily disqualify a person from being a needy person. In each case, the person, subject to the penalties for perjury, shall certify in writing or by other record such information relating to ability to pay as the Supreme Court prescribes.
(c) A determination of whether a person is a needy person under this section shall be made by the clerk of the court, or any other judicial officer of the court. After review of the initial determination by the presiding judge of the trial court the applicant, the State, or the Office of the Defender General may appeal the determination to a single Justice of the Supreme Court of this State, in accordance with the rules of the Supreme Court.
(d) In determining whether a person is a needy person under this section and the extent of the person's ability to pay, the clerk of court or the judicial officer who is making that determination may require the applicant to provide proof of income at a time to be determined by the clerk or judicial officer.

All

In determining whether a person is a needy person and the extent of his or her ability to pay, court may consider such factors as income, property owned, outstanding obligations,

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and the number and ages of dependents

Before imposition of fine or fee Not provided for Determined by judge without hearing No

N/A

Collections Infrastructure
State Statute Description/Statute Name Statutory language Who may collect
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Vermont Vt. Stat. Ann. tit. 28 § 102(b)(12) Commissioner of Corrections; appointment; powers; responsibilities

(b)  The Commissioner is charged with the following powers: (12)  To enter into contracts with private collection agencies for the collection of supervisory fees imposed by this title and fines, penalties, and

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restitution imposed under Title 13. The Commissioner may agree to pay collection agencies a fixed rate for services rendered or a percentage of the amount collected which shall be added to any amounts and may be recovered as an administrative cost of collection. Any such fixed rate or percentage may be deducted directly by the collection agency on a pro rata basis from any portion of the money so collected.

 

Private actors
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Vermont Vt. Stat. Ann. tit. 13 § 7171 Collection by complaint, information, or indictment

(a) Fines, forfeitures, and penalties incurred or imposed by statute may be recovered by complaint, information, or indictment, unless some other mode of recovery is specially provided.

(b)  The court administrator

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is authorized to contract with private collection agencies for collection of penalties, fines, surcharges, court costs, and any other assessment authorized by law incurred or imposed by statute on persons who fail to pay, at or after time of judgment, after notice that failure to pay the debt will result in the debt being referred to a collection agency and that the debtor will be liable for the collection agency's fee. The court administrator may agree to pay collection agencies a fee based on a fixed rate for services rendered or a percentage of the amount actually collected by such agencies and remitted to the state. The debtor shall be liable for the collection agency's fee, in addition to the judgment amount. The collection agency shall deduct its fee from the collected amount and remit the balance to the judiciary. All collection agency fees shall be governed by the contract with the court administrator and shall be clearly disclosed in all notices sent by the collection agency to the debtor.

Private actors, Prosecutor
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Vermont Vt. Stat. Ann. tit. 28 § 7180(b),(e) Remedies for failure to pay fines, costs, surcharges, and penalties

(b) Collection of amount due. --  If an amount due remains unpaid for 75 days after the court provides the defendant with a notice of judgment, the court may refer

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the matter to a designated collection agency or initiate civil contempt proceedings pursuant to this section.
(e)  Notwithstanding 32 V.S.A. § 502, the Court Administrator is authorized to contract with a third party to collect fines, penalties, and fees by credit card, debit card, charge card, prepaid card, stored value card, and direct bank account withdrawals or transfers, as authorized by 32 V.S.A. § 583, and to add on and collect or charge against collections a processing charge in an amount approved by the Court Administrator.

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Vermont Vt. Stat. Ann. tit. § 7043(f)(2) Restitution

(2) The Department of Corrections shall work collaboratively with the Restitution Unit to assist with the collection of restitution. The Department shall provide the Restitution Unit with information about the location

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and employment status of the offender.

State/statewide agency
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Vermont Vt. Stat. Ann. tit. 4 § 1109(d),(f) Remedies for failure to pay; contempt

(d) Collections. (1) If an amount due remains unpaid after the issuance of a notice of judgment, the Court Administrator may authorize the clerk of the Judicial Bureau to refer the matter

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to a designated collection agency. (2) The Court Administrator or the Court Administrator's designee is authorized to contract with one or more collection agencies for the purpose of collecting unpaid Judicial Bureau judgments pursuant to 13 V.S.A. § 7171.
(f) Notwithstanding 32 V.S.A. § 502, the Court Administrator is authorized to contract with a third party to collect fines, penalties, and fees by credit card, debit card, charge card, prepaid card, stored value card, and direct bank account withdrawals or transfers, as authorized by 32 V.S.A. § 583, and to add on and collect, or charge against collections, a processing charge in an amount approved by the Court Administrator.

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Vermont Vt. Stat. Ann. tit. 13 § 354(g)(1) Enforcement; possession of abused animal; searches and seizures; forfeiture

(g)(1) If the defendant is convicted of criminal charges under this chapter or if an order of forfeiture is entered against an owner under this section, the defendant or owner

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shall be required to repay all reasonable costs incurred by the custodial caregiver for caring for the animal, including veterinary expenses. The Restitution Unit within the Center for Crime Victim Services is authorized to collect the funds owed by the defendant or owner on behalf of the custodial caregiver or a governmental agency that has contracted or paid for custodial care in the same manner as restitution is collected pursuant to section 7043 of this title.

State/statewide agency
Revenue Flow
State Statute Description/Statute Name Statutory language Who receives the funding Other beneficiaries Level of offense
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Vermont Vt. Stat. Ann. tit. 23 § 1210(i)-(k) Drunken Driving - Penalties

(i)  A person convicted of violating section 1201 of this title shall be assessed a surcharge of $ 60.00, which shall be added to any fine imposed by the Court. The

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Court shall collect and transfer such surcharge to the Department of Public Safety for deposit in the Blood and Breath Alcohol Testing Special Fund established by section 1220b of this title.

(j)  A person convicted of violating section 1201 of this title shall be assessed a surcharge of $ 50.00, which shall be added to any fine or surcharge imposed by the Court. The Court shall collect and transfer the surcharge assessed under this subsection to the Office of Defender General for deposit in the Public Defender Special Fund specifying the source of the monies being deposited. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

(k)  A person convicted of violating section 1201 of this title shall be assessed a surcharge of $ 50.00, which shall be added to any fine or surcharge imposed by the Court. The Court shall collect and transfer the surcharge assessed under this subsection to be credited to the DUI Enforcement Fund. The collection procedures described in 13 V.S.A. § 5240 shall be utilized in the collection of this surcharge.

State/statewide agency

Blood and Breath Alcohol Testing Special Fund; Public Defender Special Fund; DUI Enforcement Fund.

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Vermont Vt. Stat. Ann. tit. 13 § 7251(a),(d) 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

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village, town, or city, respectively, except for a $ 12.50 administrative charge for each case which shall be retained by the State.

(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. 

Local jurisdiction

$12.50 administrative charge for each case which shall be retained by the state

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Vermont Vt. Stat. Ann. tit. 13 § 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

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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.

State/statewide agency

State/state agency (court technology special fund).

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Vermont Vt. Stat. Ann. tit. 13 § 7282(a),(c) Surcharge

(a)  In addition to any penalty or fine imposed by the court or Judicial Bureau for a criminal offense or any civil penalty imposed for a traffic violation, including any violation

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of a fish and wildlife statute or regulation, violation of a motor vehicle statute, or violation of any local ordinance relating to the operation of a motor vehicle, except violations relating to seat belts and child restraints and ordinances relating to parking violations, the clerk of the court or Judicial Bureau shall levy an additional surcharge of:

(2)  $ 8.00 for any offense or violation committed after May 31, 1990, but before July 1, 1991, of which $ 3.00 shall be deposited into a special fund account to be known as the Victim' Compensation Fund.

(3)  $ 10.00 for any offense or violation committed after June 30, 1991, but before July 1, 1993, of which $ 5.00 shall be deposited into a special fund account to be known as the Victims Compensation Fund.

(4)  $ 17.50 for any offense or violation committed after June 30, 1993, but before July 1, 2001, of which $ 12.50 shall be deposited into a special fund account to be known as the Victims Compensation Fund.

(5)  $ 20.50 for any offense or violation committed after June 30, 2001, but before July 1, 2003, of which $ 13.50 shall be deposited into a special fund account to be known as the Victims Compensation Fund.

(6)  For any offense or violation committed after June 30, 2003, but before July 1, 2005, $ 21.00, of which $ 13.75 shall be deposited into the Victims Compensation Special Fund.

(7)  For any offense or violation committed after June 30, 2005, but before July 1, 2006, $ 22.00, of which $ 14.75 shall be deposited into the Victims Compensation Special Fund.

(8)  (A) For any offense or violation committed after June 30, 2006, but before July 1, 2008, $ 26.00, of which $ 18.75 shall be deposited in the Victims Compensation Special Fund. (B)  For any offense or violation committed after June 30, 2008, but before July 1, 2009, $ 36.00, of which $ 28.75 shall be deposited in the Victims' Compensation Special Fund. (C)  For any offense or violation committed after June 30, 2009, but before July 1, 2013, $ 41.00, of which $ 23.75 shall be deposited in the Victims Compensation Special Fund created by section 5359 of this title, and of which $ 10.00 shall be deposited in the Domestic and Sexual Violence Special Fund created by section 5360 of this title. (D)  For any offense or violation committed after June 30, 2013, $ 47.00, of which $ 29.75 shall be deposited in the Victims Compensation Special Fund created by section 5359 of this title, and of which $ 10.00 shall be deposited in the Domestic and Sexual Violence Special Fund created by section 5360 of this title.

(9)  For any offense or violation committed after June 30, 2003, an amount equal to 15 percent of the fine imposed for the offense, rounded upward to the nearest whole dollar, which shall be deposited into the Crime Victims' Restitution Special Fund established by section 5363 of this title.

(c)  SUI surcharge. --  In addition to any penalty or fine imposed by the court or Judicial Bureau for a criminal offense committed after July 1, 2009, the clerk of the court or Judicial Bureau shall levy an additional surcharge of $ 100.00 to be deposited in the General Fund, in support of the Specialized Investigative Unit Grants Board created in 24 V.S.A. § 1940(c), and used to pay for the costs of Specialized Investigative Units.

Victims Fund

General Fund (for the Specialized Investigative Unit Grants Board).

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Vermont Vt. Stat. Ann. tit. 13 § 5239(a) Public Defender Special Fund

The Public Defender Special Fund is hereby created. All co-payments, reimbursements, and assignment fees paid by persons receiving representation under this chapter, as well as all amounts recovered pursuant to

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section 5255 of this title and 23 V.S.A. § 1210(j), shall be deposited in the Fund.

State/statewide agency

Public Defender Special Fund

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Vermont Vt. Stat. Ann. tit. 4 § 27 Court technology special fund

There is established the Court Technology Special Fund which shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. Administrative fees collected pursuant to 13 V.S.A. § 7252

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and revenue collected pursuant to fees established pursuant to sections 1105 and 1109 of this title shall be deposited and credited to this Fund. The Fund shall be available to the Judicial Branch to pay for contractual and operating expenses and project-related staffing not covered by the General Fund related to the following:
(1) The acquisition and maintenance of software and hardware needed for case management, electronic filing, an electronic document management system, and the expense of implementation, including training.
(2) The acquisition and maintenance of electronic audio and video court recording and conferencing equipment.
(3) The acquisition, maintenance, and support of the Judiciary's information technology network, including training.

Court

Court Technology Special Fund

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Vermont Vt. Stat. Ann. tit. 13 § 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.

State/statewide agency N/A All
Structure of Courts
State Statute Description/Statute Name Statutory language Court/legal body Function
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Vermont Vt. Const. ch. 2 § 4 Judiciary powers

The judicial power of the State shall be vested in a unified judicial system which shall be composed of a Supreme Court, a Superior Court, and such other subordinate courts

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as the General Assembly may from time to time ordain and establish.

Creation of the courts
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Vermont Vt. Const. ch. 2 § 30 Supreme court jurisdiction

The Supreme Court shall exercise appellate jurisdiction in all cases, criminal and civil, under such terms and conditions as it shall specify in rules not inconsistent with law. The Supreme

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Court shall have original jurisdiction only as provided by law, but it shall have the power to issue all writs necessary or appropriate in aid of its appellate jurisdiction. The Supreme Court shall have administrative control of all the courts of the state, and disciplinary authority concerning all judicial officers and attorneys at law in the State.

Jurisdiction of the courts
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Vermont Vt. Const. ch. 2 § 31 Lower courts jurisdiction

All other courts of this State shall have original and appellate jurisdiction as provided by law. All courts except the Supreme Court may be divided into geographical and functional divisions

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as provided by law or by judicial rules adopted by the Supreme Court not inconsistent with law. The jurisdiction of geographical and functional divisions shall be as provided by law or by judicial rules not inconsistent with law. The courts of this state may exercise equity jurisdiction as well as law jurisdiction in civil proceedings as may be provided by law or by judicial rules not inconsistent with law.

Jurisdiction of the courts
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Vermont Vt. Stat. Ann. tit. 4 § 1 Unified court system established

The Judiciary shall be a unified court system under the administrative control of the Supreme Court. It shall consist of an appellate division, which shall be the Supreme Court, and

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a trial division, which shall consist of a trial court of general jurisdiction to be known as the Superior Court, and a Judicial Bureau.

Creation of the courts
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Vermont Vt. Stat. Ann. tit. 4 § 30 Superior Court

(a)(1) A Superior Court having statewide jurisdiction is created. The Superior Court shall have the following divisions:
(B) A Criminal Division, which shall be a court of record and have

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jurisdiction over the matters described in section 32 of this title. The Vermont Rules of Criminal Procedure shall apply to criminal matters in the Criminal Division, and the Vermont Rules of Civil Procedure shall apply to civil matters in the Criminal Division.

Creation of the courts, Jurisdiction of the courts
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Vermont Vt. Stat. Ann. tit. 4 § 2 Supreme Court established; jurisdiction

(a) The Supreme Court shall have exclusive jurisdiction of appeals from judgments, rulings, and orders of the Superior Court, administrative agencies, boards, commissions, and officers unless otherwise provided by law.+ See more

/> (b) The Supreme Court shall have original jurisdiction, concurrent with the Superior Court, of proceedings in certiorari, mandamus, prohibition, and quo warranto and shall have jurisdiction to issue all writs, processes, and orders that may be necessary to the furtherance of justice and the regular execution of the law.

Creation of the courts, Jurisdiction of the courts
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Vermont Vt. Stat. Ann. tit. 4 § 32 Jurisdiction; Criminal Division

(a) The Criminal Division shall have jurisdiction to try, render judgment, and pass sentence in prosecutions for felonies and misdemeanors.
(b) The Criminal Division shall have jurisdiction to try and

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finally determine prosecutions for violations of bylaws or ordinances of a village, town, or city, except as otherwise provided.

Jurisdiction of the courts
Case Law
State Citation Question Brief Answer Language from the opinion When does the case apply?
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Vermont State v. Sausville, 151 Vt. 120, 121, 557 A.2d 502, 503 (1989)
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,
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the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
The state is required to establish defendant's ability to pay restitution even if defendant does not take the stand on their own behalf.
Defendant's failure to take the stand does not obviate the court's duty to determine if the restitution award is within defendant's ability to pay. If defendant does not take the
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stand on his own behalf, it will be necessary for the State to establish in some other manner defendant's ability to pay restitution.
Ability to pay
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Vermont Vermont State Constitution Ch. II § 40 Other applicable case law Imprisonment for debt is unconstitutional. No person shall be imprisoned for debt. Ability to pay