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ACT NO. 116
This act provides a combination of a juvenile disposition and an adult sentence for certain juveniles who commit crimes. A defendant in a criminal case who is between 14 and 16, who has committed a serious crime listed in 33 V.S.A. § 5506(a) and a defendant in a criminal case who is between 16 and 18 and is a repeat offender, may file a motion requesting treatment as a youthful offender. The court may grant the motion and send the case to family court if: (1) the defendant pleads guilty to the offense, (2) the defendant is amenable to treatment and rehabilitation as a youthful offender, and (3) public safety will be secure.
Youthful offenders are given an adult sentence, which is suspended and a juvenile disposition, which is imposed. If the youthful offender violates the terms of the juvenile disposition, the disposition may be revoked and the criminal sentence imposed. If the youthful offender successfully completes the juvenile disposition, the disposition is terminated, the criminal case is dismissed, and the records are sealed.
The family court may retain jurisdiction over a youthful offender up to the age of 19.
Victims in youthful offender cases have the same rights as victims in criminal cases.
Effective Date: July 1, 1998