reglab/housing_qa huggingface dataset:
33 V.S.A. § 5266
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5266. Summons, apprehension, and prehearing placement of juvenile probationer

§ 5266. Summons, apprehension, and prehearing placement of juvenile probationer|At any time before the discharge of a juvenile probationer or the termination of the period of probation:  (1) The Court may summon the juvenile to appear before it or may issue an order for the juvenile's apprehension and placement in a detention or treatment facility. (2) Any juvenile probation officer may apprehend a juvenile probationer or may authorize any officer to do so by giving the officer a written statement setting forth that the juvenile has, in the judgment of the juvenile probation officer, violated a condition of probation. The written statement delivered with the juvenile by the apprehending officer to the supervisor of the juvenile detention or treatment facility or residential program to which the juvenile is brought for prehearing placement shall be sufficient authority for maintaining the juvenile in the facility or residential program. (3) Any juvenile probationer apprehended or placed in accordance with the provisions of this chapter shall have no right of action against the juvenile probation officer or any other person because of such apprehension or placement. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 3, § 94, eff. Feb. 17, 2011.)
33 V.S.A. § 5267
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5267. Previolation hearing

§ 5267. Previolation hearing|(a) Whenever a juvenile probationer is apprehended and placed on the grounds that the juvenile has violated a condition of probation, the juvenile shall be given a hearing before a judicial officer prior to the close of business on the next court business day in order to determine whether there is probable cause to hold the juvenile for a violation hearing. The juvenile and the adult who signed the probation certificate shall be given:  (1) notice of the previolation hearing and its purpose and the allegations of violations of conditions of probation; and (2) notice of the juvenile's right to be represented by counsel and right to be assigned counsel if the juvenile is unable to obtain counsel.   (b) At the previolation hearing the juvenile shall be given:  (1) an opportunity to appear at the hearing and present evidence on his or her own behalf; and (2) upon request, the opportunity to question witnesses against him or her unless, for good cause, the judicial officer decides that justice does not require the appearance of the witness.   (c) If probable cause is found to exist, the juvenile shall be held for a hearing to determine if the juvenile violated the conditions of probation. If probable cause is not found to exist, the proceedings shall be dismissed.(d) A juvenile held under this section pursuant to a request to find the juvenile in violation of probation may be released by a judicial officer pending hearing or appeal. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 3, § 95, eff. Feb. 17, 2011.)
33 V.S.A. § 5268
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5268. Notice; violation hearing

§ 5268. Notice; violation hearing|(a) The Court shall not find a juvenile in violation of the juvenile's probation without a hearing, which shall be held promptly in the Court in which the probation was imposed. If the juvenile is held in detention prior to the hearing, the hearing shall take place at the earliest possible time. Prior to the hearing, the juvenile and the adult who signed the probation certificate shall receive a written notice of the hearing at his or her last known address stating that the juvenile has allegedly violated one or more conditions of probation and which condition or conditions have been violated. At the hearing, the juvenile shall have:  (1) the right to legal counsel if requested by the juvenile probationer or the adult who signed the probation certificate to be assigned by the Court in the same manner as in criminal cases; (2) the right to disclosure of evidence against the juvenile; (3) the opportunity to appear and to present evidence on the juvenile's behalf; (4) the opportunity to question witnesses against the juvenile.   (b) The State's Attorney having jurisdiction or the Commissioner shall establish the alleged violation by a preponderance of the evidence, if the juvenile probationer contests the allegation. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5269
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5269. Disposition alternatives upon violation of conditions of probation

§ 5269. Disposition alternatives upon violation of conditions of probation|If a violation of conditions of probation is established, the Court may, in its discretion, modify the conditions of probation or order any of the disposition alternatives provided for in section 5232 of this title. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5270
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5270. Final judgment

§ 5270. Final judgment|An order placing a juvenile on probation and a finding that a juvenile violated a condition of probation shall constitute a final judgment. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5271
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5271. Discharge from probation

§ 5271. Discharge from probation|(a) The Court placing a juvenile on probation may terminate probation and discharge the juvenile at any time.(b) Upon the termination of the period of probation, the juvenile probationer shall be discharged from probation. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5272
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5272. Juvenile Justice Unit; Juvenile Justice Director

§ 5272. Juvenile Justice Unit; Juvenile Justice Director|(a) A Juvenile Justice Unit is created in the Family Services Division of the Department. The Unit shall be headed by a Juvenile Justice Director.(b) The Juvenile Justice Director shall have the responsibility and authority to monitor and coordinate all State and participating regional and local programs that deal with juvenile justice issues, including prevention, education, enforcement, adjudication, and rehabilitation.(c) The Juvenile Justice Director shall ensure that the following occur:  (1) development of a comprehensive plan for a coordinated and sustained statewide program to reduce the number of juvenile offenders, involving State, regional, and local officials in the areas of health, education, prevention, law enforcement, corrections, teen activities, and community wellness; (2) cooperation among State, regional, and local officials, court personnel, service providers, and law enforcement agencies in the formulation and execution of a coordinated statewide juvenile justice program; (3) cooperation among appropriate departments, including the Department; the Agency of Education; the Departments of Corrections, Labor, Mental Health, Public Safety, and Disabilities, Aging, and Independent Living; and the Division of Alcohol and Drug Abuse Programs; (4) a study of issues relating to juvenile justice and development of recommendations regarding changes in law and rules, as deemed advisable; (5) compilation of data on issues relating to juvenile justice and analysis, study, and organization of such data for use by educators, researchers, policy advocates, administrators, legislators, and the Governor. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5291
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5291. Detention or treatment of individuals charged as delinquents in secure facilities for the detention or treatment of delinquent children

§ 5291. Detention or treatment of individuals charged as delinquents in secure facilities for the detention or treatment of delinquent children|(a) Prior to disposition, the court shall have the sole authority to place a child who is in the custody of the Department in a secure facility used for the detention or treatment of delinquent children until the Commissioner determines that a suitable placement is available for the child. The court shall not order placement in a secure facility without a recommendation from the Department that placement in a secure facility is necessary. The court order shall include a finding that no other suitable placement is available and the child presents a risk of injury to himself or herself, to others, or to property.(b) Absent good cause shown and notwithstanding section 5227 of this title, when a child is placed in a secure facility pursuant to subsection (a) of this section and remains in a secure facility for 45 days following the preliminary hearing, the merits hearing shall be held and merits adjudicated within 45 days of the date of the preliminary hearing or the court shall dismiss the petition with prejudice. If merits have been found, the court shall review the secure facility placement order at the merits hearing.(c) If a child is placed in a secure facility pursuant to subsection (a) of this section and secure facility placement continues following the merits hearing review pursuant to subsection (b) of this section, the court shall, within 35 days of the merits adjudication:  (1) hold the disposition hearing, or, if disposition is not held within 35 days; (2) hold a hearing to review the continued secure facility placement.   (d) A child placed in a secure facility on an order pursuant to subsection (a), (b), or (c) of this section with a finding that no other suitable placement is available and the child presents a risk of harm to others or to property shall be entitled to an independent, second evidentiary hearing, which shall be a hearing de novo by a single justice of the Vermont Supreme Court. The Chief Justice may make an appointment or special assignment in accordance with 4 V.S.A. § 22 to conduct the de novo hearing required by this subsection. Unless the parties stipulate to the admission of portions of the trial court record, the de novo review shall be a new evidentiary hearing without regard to the record compiled before the trial court.(e) Following disposition, the Commissioner shall have the sole authority to place a child who is in the custody of the Department in a secure facility for the detention or treatment of delinquent children pursuant to the Department's administrative policies on admission. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 3, § 96, eff. Feb. 17, 2011; 2017, No. 72, § 6, eff. July 1, 2018; 2019, No. 124 (Adj. Sess.), § 10.)
33 V.S.A. § 5292
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5292. Detention in adult facilities of minors charged or adjudicated as delinquents

§ 5292. Detention in adult facilities of minors charged or adjudicated as delinquents|(a) A minor charged with a delinquent act shall not be detained under this chapter in a jail or other facility intended or used for the detention of adults unless the child is alleged to have committed a crime punishable by life imprisonment and it appears to the satisfaction of the Court that public safety and protection reasonably require such detention.(b) A minor who has been adjudicated as a delinquent child shall not by virtue of such adjudication be committed or transferred to an institution or other facility used primarily for the execution of sentences of persons convicted of a crime.(c) The official in charge of a jail or other facility intended or used for the detention of adult offenders or persons charged with crime shall inform the Court immediately when a minor who is or appears to be under the age of 18 years is received at the facility other than pursuant to subsection (a) of this section or section 5293 of this title and shall deliver the minor to the Court upon request of the Court or transfer the minor to the detention facility designated by the Court by order. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.)
33 V.S.A. § 5293
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52 - Delinquency Proceedings|§ 5293. Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults

§ 5293. Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults|(a) Pretrial detention.  (1) A minor who is under the age of 18 who has been arrested shall not be placed in a facility for adult offenders unless a felony charge has been filed in the Criminal Division of the Superior Court or the Criminal Division of the Superior Court has exercised jurisdiction over the matter and the State's Attorney has determined that a felony charge will be filed without delay. A minor who is eligible for release under 13 V.S.A. chapter 229 shall be released. (2)(A) A minor who is under the age of 18 who has been arrested for a misdemeanor shall immediately and without first being taken elsewhere:   (i) be released to his or her custodial parent, guardian, or custodian; or (ii) be delivered to the Criminal Division of the Superior Court.  (B) If the minor is delivered to the Criminal Division of the Superior Court, the arresting officer shall immediately file written notice thereof with the Court together with a statement of the reason for taking the minor into custody. A minor who is eligible for release under 13 V.S.A. chapter 229 shall be released. In the event that the minor is not released:  (i) the minor shall not be detained in a facility for adult offenders; and (ii) The Court shall defer to the Commissioner of Corrections concerning the facility in which the minor shall be detained.     (b) Sentencing of minor. If a minor is convicted of an offense in a court of criminal jurisdiction as an adult, the Court shall sentence the minor as an adult.(c) Placement of minors under 16. The Commissioner of Corrections shall not place a minor under the age of 16 who has been sentenced to a term of imprisonment in a correctional facility used to house adult offenders.(d) Placement of minors over 16 convicted of felony. The Commissioner of Corrections may place in a facility for adult offenders a minor who has attained the age of 16 but is under the age of 18 who has been convicted of a felony and who has been sentenced to a term of imprisonment.(e) Placement of minor over 16 convicted of misdemeanor. The Commissioner of Corrections shall not place in a facility for adult offenders a minor who has attained the age of 16 but is under the age of 18 who has been convicted of a misdemeanor.(f) Transfer of minor at 18th birthday. At the 18th birthday of a minor convicted of a misdemeanor, the Commissioner may transfer the minor to a facility for adult offenders.(g) Applicability. The provisions of this section shall apply to the commitment of minors to institutions within or outside the State of Vermont. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 238.)
33 V.S.A. § 5281
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52A - Youthful Offenders|§ 5281. Motion in Criminal Division of Superior Court

§ 5281. Motion in Criminal Division of Superior Court|(a) A motion may be filed in the Criminal Division of the Superior Court requesting that a defendant under 22 years of age in a criminal proceeding who had attained 12 years of age but not 22 years of age at the time the offense is alleged to have been committed be treated as a youthful offender. The motion may be filed by the State's Attorney, the defendant, or the court on its own motion.(b) Unless the State's Attorney refers the youth directly to court diversion pursuant to subsection 5280(e) of this title, upon the filing of a motion under this section or the filing of a youthful offender petition pursuant to section 5280 of this title, the Family Division shall hold a hearing pursuant to section 5283 of this title. Pursuant to section 5110 of this title, the hearing shall be confidential. Copies of all records relating to the case shall be forwarded to the Family Division. Conditions of release and any Department of Corrections supervision or custody shall remain in effect until:  (1) the Family Division accepts the case for treatment as a youthful offender and orders conditions of juvenile probation pursuant to section 5284 of this title; (2) any conditions of release or bail are modified, amended, or vacated pursuant to 13 V.S.A. chapter 229; or (3) the case is otherwise concluded.   (c)(1) If the Family Division rejects the case for youthful offender treatment pursuant to subsection 5284 of this title, the case shall be transferred to the Criminal Division. The conditions of release imposed by the Criminal Division shall remain in effect, and the case shall proceed as though the motion for youthful offender treatment or youthful offender petition had not been filed.  (2) Subject to Rule 11 of the Vermont Rules of Criminal Procedure and Rule 410 of the Vermont Rules of Evidence, the Family Division's denial of the motion for youthful offender treatment and any information related to the youthful offender proceeding shall be inadmissible against the youth for any purpose in the subsequent Criminal Division proceeding.   (d) If the Family Division accepts the case for youthful offender treatment, the case shall proceed to a confidential merits hearing or admission pursuant to sections 5227-5229 of this title. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 45, § 5, eff. May 30, 2019.)
33 V.S.A. § 5282
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52A - Youthful Offenders|§ 5282. Report from the Department

§ 5282. Report from the Department|(a) Within 30 days after the youth has completed the risk and needs screening pursuant to section 5280 of this title, unless the court extends the period for good cause shown or the State's Attorney refers the youth directly to court diversion pursuant to subsection 5280(e) of this title, the Department for Children and Families shall file a report with the Family Division of the Superior Court.(b) A report filed pursuant to this section shall include the following elements:  (1) a recommendation as to whether diversion is appropriate for the youth because the youth is a low to moderate risk to reoffend; (2) a recommendation as to whether youthful offender status is appropriate for the youth; and (3) a description of the services that may be available for the youth.   (c) A report filed pursuant to this section is privileged and shall not be disclosed to any person other than:  (1) the Department; (2) the court; (3) the State's Attorney; (4) the youth, the youth's attorney, and the youth's guardian ad litem; (5) the youth's parent, guardian, or custodian if the youth is under 18 years of age, unless the court finds that disclosure would be contrary to the best interest of the child; (6) the Department of Corrections; or (7) any other person when the court determines that the best interests of the youth would make such a disclosure desirable or helpful. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2017, No. 201 (Adj. Sess.), § 9; 2019, No. 45, § 6, eff. May 30, 2019.)
33 V.S.A. § 5283
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52A - Youthful Offenders|§ 5283. Hearing in Family Division

§ 5283. Hearing in Family Division|(a) Timeline. Unless the State's Attorney refers the youth directly to court diversion pursuant to subsection 5280(e) of this title, a youthful offender consideration hearing shall be held not later than 60 days after the transfer of the case from the Criminal Division or filing of a youthful offender petition in the Family Division.(b) Notice. Notice of the hearing shall be provided to the State's Attorney; the youth; the youth's parent, guardian, or custodian; the Department; and the Department of Corrections.(c) Hearing procedure.  (1) If the motion is contested, all parties shall have the right to present evidence and examine witnesses. Hearsay may be admitted and may be relied on to the extent of its probative value. If reports are admitted, the parties shall be afforded an opportunity to examine those persons making the reports, but sources of confidential information need not be disclosed. (2) For individuals who had attained 18 years of age but not 22 years of age at the time the act is alleged to have been committed, hearings under 5284(a) of this title shall be open to the public. All other youthful offender proceedings shall be confidential.   (d) Burden of proof. The burden of proof shall be on the moving party to prove by a preponderance of the evidence that a child should be granted youthful offender status. If the court makes the motion, the burden shall be on the youth.(e) Further hearing. On its own motion or the motion of a party, the court may schedule a further hearing to obtain reports or other information necessary for the appropriate disposition of the case. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 45, § 7, eff. May 30, 2019.)
33 V.S.A. § 5284
2021 Vermont Statutes|Title 33 - Human Services|Chapter 52A - Youthful Offenders|§ 5284. Youthful Offender Determination and Disposition Order

§ 5284. Youthful Offender Determination and Disposition Order|(a) In a hearing on a motion for youthful offender status, the court shall first consider whether public safety will be protected by treating the youth as a youthful offender. If the court finds that public safety will not be protected by treating the youth as a youthful offender, the court shall deny the motion and transfer the case to the Criminal Division of the Superior Court pursuant to subsection 5281(d) of this title. If the court finds that public safety will be protected by treating the youth as a youthful offender, the court shall proceed to make a determination under subsection (b) of this section.(b)(1) The court shall deny the motion if the court finds that:   (A) the youth is not amenable to treatment or rehabilitation as a youthful offender; or (B) there are insufficient services in the juvenile court system and the Department for Children and Families and the Department of Corrections to meet the youth's treatment and rehabilitation needs.  (2) The court shall grant the motion if the court finds that:  (A) the youth is amenable to treatment or rehabilitation as a youthful offender; and (B) there are sufficient services in the juvenile court system and the Department for Children and Families and the Department of Corrections to meet the youth's treatment and rehabilitation needs.    (c) If the court approves the motion for youthful offender treatment after an adjudication pursuant to subsection 5281(d) of this title, the court:  (1) shall approve a disposition case plan and impose conditions of juvenile probation on the youth; and (2) may transfer legal custody of the youth to a parent, relative, person with a significant relationship with the youth, or Commissioner, provided that any transfer of custody shall expire on the youth's 18th birthday.   (d) The Department for Children and Families and the Department of Corrections shall be responsible for supervision of and providing services to the youth until he or she reaches 22 years of age. Both Departments shall designate a case manager who together shall appoint a lead Department to have final decision-making authority over the case plan and the provision of services to the youth. The youth shall be eligible for appropriate community-based programming and services provided by both Departments. (Added 2017, No. 72, § 5, eff. July 1, 2018.)