2005 Vermont Code - § 5530. — Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults

§ 5530. Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults

(a) Pretrial detention.

(1) A minor who is under the age of 18 who has been arrested shall not be placed in a facility for adult offenders unless a felony charge has been filed in district court or the district court has exercised jurisdiction over the matter and the state's attorney has determined that a felony charge will be filed without delay. A minor who is eligible for release under chapter 229 of Title 13 shall be released.

(2)(A) A minor who is under the age of 18 who has been arrested for a misdemeanor shall immediately and without first being taken elsewhere:

(i) be released to his or her parents, guardian or custodian; or

(ii) be delivered to the district court.

(B) If the minor is delivered to the district court, the arresting officer shall immediately file written notice thereof with the court together with a statement of the reason for taking the minor into custody. A minor who is eligible for release under chapter 229 of Title 13 shall be released. In the event that the minor is not released:

(i) the minor shall not be detained in a facility for adult offenders; and

(ii) The court shall defer to the commissioner of corrections concerning the facility in which the minor shall be detained.

(b) Sentencing of minor. If a minor is convicted of an offense in a court of criminal jurisdiction as an adult, the court shall sentence the minor as an adult.

(c) Placement of minors under 16. The commissioner of corrections shall not place a minor under the age of 16 who has been sentenced to a term of imprisonment in a correctional facility used to house adult offenders.

(d) Placement of minors over 16 convicted of felony. The commissioner of corrections may place a minor who has attained the age of 16 but is under the age of 18, who has been convicted of a felony and who has been sentenced to a term of imprisonment in a facility for adult offenders.

(e) Placement of minor over 16 convicted of misdemeanor. The commissioner of corrections shall not place a minor who has attained the age of 16 but is under the age of 18, who has been convicted of a misdemeanor in a facility for adult offenders.

(f) Transfer of minor at eighteenth birthday. At the eighteenth birthday of a minor convicted of a misdemeanor, the commissioner may transfer the minor to a facility for adult offenders.

(g) Applicability. The provisions of this section shall apply to the commitment of minors to institutions within or outside the state of Vermont. (Added 1981, No. 1 (Sp. Sess.), § 8, eff. July 17, 1981; amended 1987, No. 182 (Adj. Sess.), § 4; 1991, No. 39; 2003, No. 145 (Adj. Sess.), § 2.)