Vermont H 721: An act relating to the right to enroll a child in a public school where the property owned by the child’s parent or guardian in the municipality is not their homestead

Bill Text

BILL AS INTRODUCED H.721
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VT LEG #385993 v.1
H.721 1
Introduced by Representatives Burditt of West Rutland and McCoy of 2
Poultney 3
Referred to Committee on 4
Date: 5
Subject: Crimes and criminal procedure; recidivism; juvenile proceedings 6
Statement of purpose of bill as introduced: This bill proposes to increase the 7
number of Big 14 offenses that commence in the Criminal Division of the 8
Superior Court rather than the Family Division when committed by a juvenile; 9
repeal the Raise the Age initiative for offenders who are 19 years of age; 10
transfer jurisdiction over youthful offender proceedings from the Family 11
Division to the Criminal Division; require the court to prioritize and expedite 12
motions to transfer juvenile proceedings between the Criminal and Family 13
Divisions; establish procedures for bail revocation and an appeal of a denial of 14
a request to revoke bail; prohibit the court from ordering a sentence that is 15
suspended, deferred, or served as a supervised sentence if a person has a prior 16
conviction for escape or three or more convictions for a felony listed crime 17
unless the court makes findings on the record that there are compelling reasons 18
why such a sentence will serve the interests of justice and protect the public; 19
prohibit the court from suspending a sentence for a person who has previously 20
been found to have violated probation, been unsatisfactorily discharged from 21

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probation, or had furlough revoked unless the court makes findings on the 1
record that there are compelling reasons why such a sentence will serve the 2
interests of justice and protect the public; require the court to make written 3
findings if the court orders a deferred sentence over the objections of the 4
prosecutor; require that criminal history records related to deferred sentences 5
are sealed instead of expunged upon completion of the sentence; prohibit the 6
court from reducing the sentence for a conviction of a listed crime if the 7
defendant has three or more convictions for a listed crime or five or more 8
pending criminal charges; redefine how recidivism is calculated; establish a 9
graduated classification system to track persons who recidivate; establish 10
definitions, calculations, and classification systems to measure persons who 11
commit repeat violent offenses; repeal the statutes providing earned time and 12
midpoint probation review for sentenced offenders; establish a forensic facility 13
for certain criminal justice-involved individuals; require the court, unless 14
contrary to the interests of justice, to dismiss misdemeanor charges against a 15
person who has been found incompetent to stand trial if, after the finding of 16
incompetence, the case remains inactive for a continuous period of time equal 17
to or greater than the maximum sentence for the offense; and limit the 18
applicability of the Vermont Rules of Evidence in proceedings involving 19
competency restoration and granting or revoking conditional release from a 20
forensic facility. 21

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VT LEG #385993 v.1
An act relating to juvenile proceedings, criminal procedures, and forensic 1
facilities for criminal justice-involved individuals 2
It is hereby enacted by the General Assembly of the State of Vermont: 3
* * * Juvenile and Youthful Offender Proceedings * * * 4
Sec. 1. 33 V.S.A. § 5201 is amended to read: 5
§ 5201. COMMENCEMENT OF DELINQUENCY PROCEEDINGS 6
* * * 7
(c)(1) Any proceeding concerning a child who is alleged to have committed 8
an act specified in subsection 5204(a) of this title after attaining 14 years of 9
age, but not 22 years of age, shall originate in the Criminal Division of the 10
Superior Court, provided that jurisdiction may be transferred in accordance 11
with this chapter and chapter 52A of this title, unless the State’s Attorney files 12
the charge directly as a youthful offender petition in the Family Division. 13
* * * 14
(3) Any proceeding concerning a child who is alleged to have 15
committed one of the following acts after attaining 16 years of age, but not 22 16
years of age, shall originate in the Criminal Division of the Superior Court, 17
provided that jurisdiction may be transferred in accordance with this chapter 18
and chapter 52A of this title, unless the State’s Attorney files the charge 19
directly as a youthful offender petition in the Family Division: 20
(A) using carrying a firearm while committing a felony in violation 21
of 13 V.S.A. § 4005, or an attempt to commit that offense; or 22

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(B) trafficking a regulated drug in violation of 18 V.S.A. chapter 84, 1
subchapter 1, or an attempt to commit that offense; or 2
(C) aggravated stalking as defined in 13 V.S.A. § 1063(a)(3), or an 3
attempt to commit that offense. 4
* * * 5
Sec. 2. 33 V.S.A. § 5204 is amended to read: 6
§