Vermont H 642: An act relating to tax increment project development financing

Bill Text

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No. 140. An act relating to youthful offender proceedings.
(H.642)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 33 V.S.A. § 5285 is amended to read:
§ 5285. MODIFICATION OR REVOCATION OF DISPOSITION
(a)(1) If it appears that the youth has violated the terms of juvenile
probation ordered by the court pursuant to subdivision 5284(c)(1) of this title, a
motion for modification or revocation of youthful offender status may be filed
in the Family Division of the Superior Court. The court shall set the motion
for hearing as soon as practicable. The hearing may be joined with a hearing
on a violation of conditions of probation under section 5265 of this title. A
supervising juvenile or adult probation officer may detain in an adult facility a
youthful offender who has attained 18 years of age for violating conditions of
probation.
(2) Notwithstanding subdivision 5103(c)(2)(D) of this title, when a
motion for revocation of youthful offender status is pending pursuant to this
section, the Family Division’s jurisdiction over the youth shall remain in effect
until the youth is discharged or until probation is revoked. The Family
Division may extend its jurisdiction over the youth beyond the youth’s 22nd
birthday to the extent necessary to maintain jurisdiction under this subdivision.
(b) A hearing under this section shall be held in accordance with section
5268 of this title.

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(c)(1) If the court finds after the hearing that the youth has violated the
terms of his or her the youth’s probation, the court may:
(1)(A) maintain the youth’s status as a youthful offender, with modified
conditions of juvenile probation if the court deems it appropriate;
(2)(B) revoke the youth’s status as a youthful offender and transfer the
case with a record of the petition, affidavit, adjudication, disposition, and
revocation to the Criminal Division for sentencing; or
(3)(C) transfer supervision of the youth to the Department of
Corrections with all of the powers and authority of the Department and the
Commissioner under Title 28, including graduated sanctions and electronic
monitoring.
(2) For purposes of making its determination under subdivision (1) of
this subsection, the court shall consider whether:
(A) under the criteria of subdivision 5284(a)(2) of this title, public
safety will be protected by continuing to treat the youth as a youthful offender;
(B) the youth continues to be amenable to treatment or rehabilitation
as a youthful offender; and
(C) there continue to be sufficient services in the juvenile court
system, the Department for Children and Families, and the Department of
Corrections to meet the youth’s treatment and rehabilitation needs.
(d) If the youth fails to appear at a probation revocation hearing under this
section, the court may, unless it finds there was good cause for the failure to

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appear, issue an order pursuant to subsection 5108(c) of this title for an officer
to pick up the youth and bring the youth to court.
(e) If a youth’s status as a youthful offender is revoked and the case is
transferred to the Criminal Division pursuant to subdivision (c)(2)(c)(1)(B) of
this section, the court shall enter a conviction of guilty based on the admission
to or finding of merits, hold a sentencing hearing, and impose sentence.
Unless it serves the interest interests of justice, the case shall not be transferred
back to the Family Division pursuant to section 5203 of this title. When
determining an appropriate sentence, the court may take into consideration the
youth’s degree of progress toward or regression from rehabilitation while on
youthful offender status. The Criminal Division shall have access to all Family
Division records of the proceeding.
Sec. 2. 33 V.S.A. § 5288 is amended to read:
§ 5288. RIGHTS OF VICTIMS IN YOUTHFUL OFFENDER
PROCEEDINGS
(a) The victim in a proceeding involving a youthful offender shall have the
following rights:
(1) To be notified by the prosecutor in a timely manner:
(A) when a court proceeding is scheduled to take place and when a
court proceeding to of which the victim has been notified will not take place as
scheduled; and

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(B) of any conditions of release or conditions of probation and of any
restitution unless otherwise limited by court order.
(2) To be present during all court proceedings subject to the provisions
of Rule 615 of the Vermont Rules of Evidence; to attend the hearing on the
motion to consider youthful offender status and the disposition hearing to
present a victim impact statement and to express reasonably the victim’s views
concerning the offense and the youth, including testimony in support of the
victim’s claim for restitution; and to submit oral or written statements to the
court at such other times as the court may allow. The court shall consider the
vic