2005 Vermont Code - § 5505. — Transfer from other courts

§ 5505. Transfer from other courts

(a) If it appears to any court of this state in a criminal proceeding that the defendant was under the age of 16 years at the time the offense charged was alleged to have been committed and the offense charged is not one of those specified in section 5506(a) of this title, that court shall forthwith transfer the case to the juvenile court under the authority of this chapter.

(b) If it appears to any court of this state in a criminal proceeding that the defendant was over the age of 16 years and under the age of 18 years at the time the offense charged was alleged to have been committed, or that the defendant had attained the age of 14 but not the age of 16 at the time an offense specified in section 5506(a) of this title was alleged to have been committed, that court may forthwith transfer the proceeding to the juvenile court under the authority of this chapter, and the minor shall thereupon be considered to be subject to this chapter as a delinquent child.

(c) If it appears to the state's attorney that the defendant was over the age of 16 and under the age of 18 at the time the offense charged was alleged to have been committed and the offense charged is not an offense specified in section 5506(a) of this title, the state's attorney may file charges in a juvenile court or a court of criminal jurisdiction. If charges in such a matter are filed in a court of criminal jurisdiction, that court may forthwith transfer the proceeding to the juvenile court under the authority of this chapter and the person shall thereupon be considered to be subject to this chapter as a delinquent child.

(d) Any such transfer shall include a transfer and delivery of a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case. Upon any such transfer, that court shall order that the defendant be taken forthwith to a place of detention designated by the juvenile court or to that court itself, or shall release him to the custody of his parent or guardian or other person legally responsible for him, to be brought before the juvenile court at a time designated by that court. The juvenile court shall then proceed as provided in this chapter as if a petition alleging delinquency had been filed with the court under section 5517 of this title on the effective date of such transfer.

(e) A defendant in a criminal proceeding who has attained the age of 10 but not the age of 16 at the time an offense specified in subsection 5506(a) of this title is alleged to have been committed, may file a motion requesting treatment as a youthful offender. The court may transfer the proceeding to family court for youthful offender adjudication if it finds that:

(1) the defendant enters a plea of guilty or nolo contendere to the offense charged pursuant to Rule 11 of the Vermont Rules of Criminal Procedure;

(2) the defendant is amenable to treatment or rehabilitation as a youthful offender; and

(3) public safety will be secured by treating the defendant as a youthful offender.

(f) A defendant in a criminal proceeding who has attained the age of 16 but not the age of 18 at the time the offense is alleged to have been committed may file a motion requesting treatment as a youthful offender. The court may transfer the proceeding to family court if it finds:

(1) the defendant enters a plea of guilty or nolo contendere to the offense charged pursuant to Rule 11 of the Vermont Rules of Criminal Procedure;

(2) the defendant is amenable to treatment or rehabilitation as a youthful offender; and

(3) public safety will be secured by treating the defendant as a youthful offender. (1967, No. 304 (Adj. Sess.), § 5; amended 1981, No. 1 (Sp. Sess.), § 4, eff. July 17, 1981; 1997, No. 116 (Adj. Sess.), § 4; 1999, No. 137 (Adj. Sess.), § 1; 2001, No. 142 (Adj. Sess.), § 118d; 2003, No. 145 (Adj. Sess.), § 4.)