Vermont H 590: An act relating to low-alcohol spirits beverages

Bill Text

BILL AS INTRODUCED H.590
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H.590 1
Introduced by Representative Rachelson of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Delinquency proceedings; placement in secure facilities 5
Statement of purpose of bill as introduced: This bill proposes to prohibit the 6
detention and incarceration of minors under 18 years of age in adult 7
correctional facilities. 8
An act relating to prohibiting detention and incarceration of minors under 9
18 years of age in adult correctional facilities 10
It is hereby enacted by the General Assembly of the State of Vermont: 11
Sec. 1. 33 V.S.A. chapter 52, subchapter 6 is amended to read: 12
Subchapter 6. Placement in Secure Facilities 13
§ 5291. DETENTION OR TREATMENT OF INDIVIDUALS CHARGED 14
AS DELINQUENTS IN SECURE FACILITIES FOR THE 15
DETENTION OR TREATMENT OF DELINQUENT CHILDREN 16
(a) Prior to disposition, the court shall have the sole authority to place a 17
child who is in the custody of the Department in a secure facility used for the 18
detention or treatment of delinquent children until the Commissioner 19
determines that a suitable placement is available for the child. The court shall 20

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not order placement in a secure facility without a recommendation from the 1
Department that placement in a secure facility is necessary. The court order 2
shall include a finding that no other suitable placement is available and the 3
child presents a risk of injury to himself or herself the child, to others, or to 4
property. 5
(b) Absent good cause shown and notwithstanding section 5227 of this 6
title, when a child is placed in a secure facility pursuant to subsection (a) of 7
this section and remains in a secure facility for 45 days following the 8
preliminary hearing, the merits hearing shall be held and merits adjudicated 9
within 45 days of after the date of the preliminary hearing or the court shall 10
dismiss the petition with prejudice. If merits have been found, the court shall 11
review the secure facility placement order at the merits hearing. 12
(c) If a child is placed in a secure facility pursuant to subsection (a) of this 13
section and secure facility placement continues following the merits hearing 14
review pursuant to subsection (b) of this section, the court shall, within 35 days 15
of after the merits adjudication: 16
(1) hold the disposition hearing; or 17
(2) if disposition is not held within 35 days, hold a hearing to review the 18
continued secure facility placement. 19
(d) A child placed in a secure facility on an order pursuant to subsection 20
(a), (b), or (c) of this section with a finding that no other suitable placement is 21

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available and the child presents a risk of harm to others or to property shall be 1
entitled to an independent, second evidentiary hearing, which shall be a 2
hearing de novo by a single justice of the Vermont Supreme Court. The Chief 3
Justice may make an appointment or special assignment in accordance with 4 4
V.S.A. § 22 to conduct the de novo hearing required by this subsection. 5
Unless the parties stipulate to the admission of portions of the trial court 6
record, the de novo review shall be a new evidentiary hearing without regard to 7
the record compiled before the trial court. 8
(e) Following disposition, the Commissioner shall have the sole authority 9
to place a child who is in the custody of the Department in a secure facility for 10
the detention or treatment of delinquent children pursuant to the Department’s 11
administrative policies on admission. 12
§ 5292. PROHIBITION ON DETENTION IN ADULT FACILITIES OF 13
MINORS CHARGED OR ADJUDICATED AS DELINQUENTS 14
(a) A minor charged with a delinquent act shall not be detained under this 15
chapter in a jail or other facility intended or used for the detention of adults 16
unless the child is alleged to have committed a crime punishable by life 17
imprisonment and it appears to the satisfaction of the court that public safety 18
and protection reasonably require such detention. 19
(b) A minor who has been adjudicated as a delinquent child shall not by 20
virtue of such adjudication be committed or transferred to an institution or 21

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other facility used primarily for the execution of sentences of persons 1
convicted of a crime. 2
(c) The official in charge of a jail or other facility intended or used for the 3
detention of adult offenders or persons charged with crime shall inform the 4
court immediately when a minor who is or appears to be under the age of 18 5
years of age is received at the facility other than pursuant to subsection (a) of 6
this section or section 5293 of this title and shall deliver the minor to the court 7
upon request of the court or transfer the minor to the detention facility 8
designated by the court by order. 9
§