2005 Vermont Code - § 5529b. — Disposition of youthful offenders

§ 5529b. Disposition of youthful offenders

(a) Upon the transfer of a case pursuant to subsection 5505(e) or (f) of this title, the court shall impose sentence. That sentence shall then be suspended and replaced with a juvenile disposition pursuant to section 5529 of this title.

(b) Copies of all records relating to the criminal sentence imposed under subsection (a) of this section shall be forwarded to the district court and filed in the defendant's criminal case file.

(c) In determining an appropriate disposition, the court shall obtain input from the child's parents, custodians or guardians, teachers, treatment providers, clergy, and all other persons that the court deems necessary. Upon the imposition of a criminal sentence, the jurisdiction of the family court shall cease and thereafter shall be assumed by the district court.

(d) When practicable, the same judge who granted the motion requesting treatment as a youthful offender shall impose sentence and disposition under this section.

(e)(1) The departments of social and rehabilitation services and of corrections shall have dual responsibility for supervising all persons treated as youthful offenders pursuant to subsection 5505(e) or (f) of this title.

(2) When a case is transferred for youthful offender adjudication pursuant to subsection 5505(e) or (f) of this title:

(A) The departments of social and rehabilitation services and of corrections shall:

(i) each open and maintain a file on the offender;

(ii) develop a joint case plan for the offender; and

(iii) coordinate services and share information to ensure compliance with, and completion of, the juvenile disposition.

(B) A lead case manager shall be designated who shall have final decision-making authority over the case plan and the provision of services to the offender. For offenders younger than age 18, the lead case manager shall be designated by the department of social and rehabilitation services. For offenders age 18 and older, the lead case manager shall be designated by the department of corrections.

(C) The offender shall be eligible for all age-appropriate community-based programming and services provided by the departments of social and rehabilitation services and of corrections. (Added 1997, No. 116 (Adj. Sess.), § 5; amended 2001, No. 142 (Adj. Sess.), § 118g, eff. June 21, 2002.)