2005 Vermont Code - § 5529e. — Termination or continuance of disposition

§ 5529e. Termination or continuance of disposition

(a) If the youthful offender successfully completes the juvenile disposition, on motion, the court shall hold a hearing to determine whether the youthful offender has been rehabilitated, and the youthful offender shall bear the burden of so proving by a preponderance of the evidence. Successful completion of the disposition shall create a rebuttable presumption that the youthful offender has been rehabilitated. If the youthful offender meets this burden, the burden is then on the state to show otherwise by clear and convincing evidence.

(b) In determining whether a youthful offender has been sufficiently rehabilitated, the court shall base its finding on:

(1) the youthful offender's performance during treatment;

(2) reports of treatment personnel; and

(3) any other relevant facts associated with the youthful offender's behavior.

(c) If the court finds that the youthful offender has successfully completed the terms of the juvenile disposition order and has been rehabilitated, it shall terminate the disposition order, discharge the youthful offender and dismiss the criminal case.

(d) Upon discharge and dismissal under subsection (c) of this section, the records of the criminal case and juvenile proceeding shall be sealed.

(e) If the court finds that the youthful offender has not successfully completed the terms of the disposition or has not been sufficiently rehabilitated, it may deny the motion, extend the disposition or impose the criminal sentence. (Added 1997, No. 116 (Adj. Sess.), § 5; amended 1999, No. 137 (Adj. Sess.), § 2.)