2023 Vermont Statutes › Title 33 - Human Services › Chapter 52A - Youthful Offenders › § 5280. Commencement of youthful offender proceedings in the Family Division

§ 5280. Commencement of youthful offender proceedings in the Family Division
(a) A proceeding under this chapter shall be commenced by:
(1) the filing of a youthful offender petition by a State’s Attorney; or
(2) transfer to the Family Court of a proceeding from the Criminal Division of the Superior Court as provided in section 5281 of this title.
(b) A State’s Attorney may commence a proceeding in the Family Division of the Superior Court concerning a child who is alleged to have committed an offense after attaining 14 years of age but not 22 years of age that could otherwise be filed in the Criminal Division.
(c) If a State’s Attorney files a petition under subdivision (a)(1) of this section, the case shall proceed as provided under subsection 5281(b) of this title.
(d)(1) Within 15 days after the commencement of a youthful offender proceeding pursuant to subsection (a) of this section, the court shall notify the youth that the youth is required to complete a risk and needs screening, which shall be conducted by the Department or by a community provider that has contracted with the Department to provide risk and needs screenings. The notice shall inform the youth that youthful offender status may be denied if the youth fails to participate in the risk and needs screening.
(2) The risk and needs screening shall be completed prior to the youthful offender status hearing held pursuant to section 5283 of this title. Unless the court extends the period for the risk and needs screening for good cause shown, the Family Division shall reject the case for youthful offender treatment if the youth does not complete the risk and needs screening within 15 days after the offer for the risk and needs screening.
(3) The Department or the community provider shall report the risk level result of the screening, the number and source of the collateral contacts made, and the recommendation for charging or other alternatives to the State’s Attorney.
(4) Information related to the present alleged offense directly or indirectly derived from the risk and needs screening or other conversation with the Department or community-based provider shall not be used against the youth in the youth’s criminal or juvenile case for any purpose, including impeachment or cross-examination. However, the fact of participation in risk and needs screening may be used in subsequent proceedings.
(e) The State’s Attorney shall refer directly to court diversion a youth alleged to have committed any offense other than those specified in subsection 5204(a) of this title who presents a low to moderate risk to reoffend based on the results of the risk and needs screening, unless the State’s Attorney states on the record at the hearing held pursuant to section 5283 of this title why a referral would not serve the ends of justice. If the court diversion program does not accept the case or if the youth fails to complete the program in a manner deemed satisfactory and timely by the provider, the youth’s case shall return to the State’s Attorney for charging consideration. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2017, No. 201 (Adj. Sess.), § 8; 2019, No. 45, § 4, eff. May 30, 2019; 2019, No. 124 (Adj. Sess.), § 8; 2021, No. 160 (Adj. Sess.), § 15, eff. June 1, 2022.)