§ 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; 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;

(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 $10,000.00 from an offender, the amount in excess of $10,000.00 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 Special Restitution 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 $10,000.00 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.)