2023 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)(1) 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.
(2) When determining whether public safety will be protected by treating the youth as a youthful offender, the court shall consider, on the basis of the evidence admitted:
(A) the nature and circumstances of the charge and whether violence was involved;
(B) the youth’s mental health treatment history and needs;
(C) the youth’s substance abuse history and needs;
(D) the youth’s residential housing status;
(E) the youth’s employment and educational situation;
(F) whether the youth has complied with conditions of release;
(G) the youth’s criminal record and whether the youth has engaged in subsequent criminal or delinquent behavior since the original charge;
(H) whether supervising the youth on youthful offender probation is appropriate considering the nature of the charged offense and the age and specialized needs of the youth;
(I) whether the youth has connections to the community; and
(J) the youth’s history of violence and history of illegal or violent conduct involving firearms or other deadly weapons.
(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)(1) If the court approves the motion for youthful offender treatment after an adjudication pursuant to subsection 5281(d) of this title, the court:
(A) shall approve a disposition case plan and impose conditions of juvenile probation on the youth; and
(B) 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.
(2) Prior to the approval of a disposition case plan, the court may refer a child directly to a youth-appropriate community-based provider that has been approved by the department and which may include a community justice center or a balanced and restorative justice program. Referral to a community-based provider pursuant to this subdivision shall not require the court to place the child on probation. If the community-based provider does not accept the case or if the child fails to complete the program in a manner deemed satisfactory and timely by the provider, the child shall return to the court for further proceedings, including the imposition of the disposition order.
(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 the youth 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; amended 2021, No. 160 (Adj. Sess.), § 13, eff. June 1, 2022; 2023, No. 46, § 19, eff. June 5, 2023.)