2012 Vermont Statutes
Title 33 Human Services
Chapter 51 GENERAL PROVISIONS
§ 5104 Retention of jurisdiction over youthful offenders


33 V.S.A. § 5104. What's This?

§ 5104. Retention of jurisdiction over youthful offenders

(a) The family division of the superior court may retain jurisdiction over a youthful offender up to the age of 22.

(b) In relation to the retention of jurisdiction provision of subsection (a) of this section, any party may request, or the court on its own motion may schedule, a hearing to determine the propriety of extending the jurisdictional time period. This hearing shall be held within the three-month time period immediately preceding the child's 18th birthday, and the order of continued jurisdiction shall be executed by the court on or before that birthday. In determining the need for continued jurisdiction, the court shall consider the following factors:

(1) the extent and nature of the child's record of delinquency;

(2) the nature of past and current treatment efforts and the nature of the child's response to them;

(3) the prospects for reasonable rehabilitation of the child by use of procedures, services, and facilities currently available to the court; and

(4) whether the safety of the community will best be served by a continuation of jurisdiction.

(c) A hearing under subsection (b) of this section shall be held in accordance with the procedures provided in section 5113 of this title. (Added 2007, No. 185 (Adj. Sess.), § 1, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 225.)

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