2011 Vermont Code
Title 33 Human Services
Chapter 52 DELINQUENCY PROCEEDINGS
§ 5287 Termination or continuance of probation

§ 5287. Termination or continuance of probation

(a) A motion may be filed at any time in the family division requesting that the court terminate the youth's status as a youthful offender and discharge him or her from probation. The motion may be filed by the state's attorney, the youth, the department, or the court on its own motion. The court shall set the motion for hearing and provide notice and an opportunity to be heard at the hearing to the state's attorney, the youth, and the department.

(b) In determining whether a youth has successfully completed the terms of probation, the court shall consider:

(1) the degree to which the youth fulfilled the terms of the case plan and the probation order;

(2) the youth's performance during treatment;

(3) reports of treatment personnel; and

(4) any other relevant facts associated with the youth's behavior.

(c) If the court finds that the youth has successfully completed the terms of the probation order, it shall terminate youthful offender status, discharge the youth from probation, and file a written order dismissing the family division case. The family division shall provide notice of the dismissal to the criminal division, which shall dismiss the criminal case.

(d) Upon discharge and dismissal under subsection (c) of this section, all records relating to the case in the district court shall be expunged, and all records relating to the case in the family court shall be sealed pursuant to section 5119 of this title.

(e) If the court denies the motion to discharge the youth from probation, the court may extend or amend the probation order as it deems necessary. (Added 2007, No. 185 (Adj. Sess.), { 2, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), { 232.)