2011 Vermont Code
Title 33 Human Services
Chapter 52 DELINQUENCY PROCEEDINGS
§ 5281 Motion in criminal division of superior court

§ 5281. Motion in criminal division of superior court

(a) A motion may be filed in the criminal division of the superior court requesting that a defendant under 18 years of age in a criminal proceeding who had attained the age of 10 but not the age of 18 at the time the offense is alleged to have been committed be treated as a youthful offender. The motion may be filed by the state's attorney, the defendant, or the court on its own motion.

(b) Upon the filing of a motion under this section and the entering of a conditional plea of guilty by the youth, the criminal division shall enter an order deferring the sentence and transferring the case to the family division for a hearing on the motion. Copies of all records relating to the case shall be forwarded to the family division. Conditions of release and any department of corrections supervision or custody shall remain in effect until the family division approves the motion for treatment as a youthful offender and orders conditions of juvenile probation pursuant to section 5284 of this title.

(c) A plea of guilty entered by the youth pursuant to subsection (b) of this section shall be conditional upon the family division granting the motion for youthful offender status.

(d)(1) If the family division denies the motion for youthful offender treatment pursuant to subsection 5284 of this title, the case shall be returned to the criminal division, and the youth shall be permitted to withdraw the plea. The conditions of release imposed by the criminal division shall remain in effect, and the case shall proceed as though the motion for youthful offender treatment had not been made.

(2) Subject to Rule 11 of the Vermont Rules of Criminal Procedure and Rule 410 of the Vermont Rules of Evidence, the family division's denial of the motion for youthful offender treatment and any information related to the youthful offender proceeding shall be inadmissible against the youth for any purpose in the subsequent criminal division proceeding. (Added 2007, No. 185 (Adj. Sess.), { 2, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), { 227.)