§ 5362 - Restitution unit
§ 5362. Restitution unit
(a) A restitution unit is created within the center for crime victim services for purposes of assuring 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) Bring an action to 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, consistent with Vermont and federal law, from the court, the department of corrections, the department of motor vehicles, the department of taxes, and the department of labor in order to carry out its collection and enforcement functions.
(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.
(4) Investigate 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 shall submit to the court a proposed revised restitution order stipulated to by the victim and the unit, with copies provided to the victim and the offender. No hearing shall be required, and the court shall amend the judgment order to reflect the amount stipulated to by the victim and the restitution unit.
(5) Adopt such administrative rules as are reasonably necessary to carry out the purposes set forth in this section.
(6) Report offenders' payment histories to credit reporting agencies, provided that the unit shall not report information regarding offenders who are incarcerated. The unit shall not make a report under this subdivision 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. (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; No. 162 (Adj. Sess.), § 4, eff. Jan. 1, 2007; 2007, No. 40, § 3.)