Vermont § 5203 - Transfer from other courts [Subsection

§ 5203. Transfer from other courts [Subsection

• (a) effective until July 1, 2027; see also subsection (a) effective July
  1, 2027 set out below.] (a) If it appears to a Criminal Division of the Superior Court that the defendant was
  under 19 years of age at the time the offense charged was alleged to have been committed
  and the offense charged is an offense not specified in subsection 5204(a) or subdivision
  5201(c)(2) or (3) of this title, that court shall forthwith transfer the proceeding
  to the Family Division of the Superior Court under the authority of this chapter,
  and the minor shall then be considered to be subject to this chapter as a child charged
  with a delinquent act. [Subsection (a) effective July 1, 2027; see also subsection (a) effective until July
  1, 2027 set out above.] (a) If it appears to a Criminal Division of the Superior Court that the defendant was
  under 20 years of age at the time the offense charged was alleged to have been committed
  and the offense charged is an offense not specified in subsection 5204(a) or subdivision
  5201(c)(2) or (3) of this title, that court shall forthwith transfer the proceeding
  to the Family Division of the Superior Court under the authority of this chapter,
  and the minor shall then be considered to be subject to this chapter as a child charged
  with a delinquent act. (b) If it appears to a Criminal Division of the Superior Court that the defendant had
  attained 14 years of age but not 18 years of age at the time an offense specified
  in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title was alleged to
  have been committed, that court may forthwith transfer the proceeding to the Family
  Division of the Superior Court under the authority of this chapter, and the minor
  shall then be considered to be subject to this chapter as a child charged with a delinquent
  act. [Subsection (c) effective until July 1, 2027; see also subsection (c) effective July
  1, 2027 set out below.] (c) If it appears to the State’s Attorney that the defendant was under 19 years of age
  at the time the felony offense charged was alleged to have been committed and the
  felony charged is not an offense specified in subsection 5204(a) or subdivision 5201(c)(2)
  or (3) of this title, the State’s Attorney shall file charges in the Family Division
  of the Superior Court, pursuant to section 5201 of this title. The Family Division may transfer the proceeding to the Criminal Division pursuant
  to section 5204 of this title. [Subsection (c) effective July 1, 2027; see also subsection (c) effective until July
  1, 2027 set out above.] (c) If it appears to the State’s Attorney that the defendant was under 20 years of age
  at the time the felony offense charged was alleged to have been committed and the
  felony charged is not an offense specified in subsection 5204(a) or subdivision 5201(c)(2)
  or (3) of this title, the State’s Attorney shall file charges in the Family Division
  of the Superior Court, pursuant to section 5201 of this title. The Family Division may transfer the proceeding to the Criminal Division pursuant
  to section 5204 of this title. (d) A transfer under this section shall include a transfer and delivery of a copy of the
  accusatory pleading and other papers, documents, and transcripts of testimony relating
  to the case. Upon any such transfer, that court shall order that the defendant be
  taken forthwith to a place of detention designated by the Family Division of the Superior
  Court or to that court itself, or shall release the child to the custody of his or
  her parent or guardian or other person legally responsible for the child, to be brought
  before the Family Division of the Superior Court at a time designated by that court.
  The Family Division of the Superior Court shall then proceed as provided in this chapter
  as if a petition alleging delinquency had been filed with the court under section 5223 of this title on the effective date of such transfer. (e) Motions to transfer a case to the Family Division of the Superior Court for youthful
  offender treatment shall be made under section 5281 of this title. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), §§ 226, 238; 2011, No. 159 (Adj. Sess.), § 3; 2015, No. 153 (Adj. Sess.), § 10, eff. Jan. 1, 2017; 2017, No. 201 (Adj. Sess.), § 7, eff. May 30, 2018; 2017, No. 201 (Adj. Sess.), § 15, eff. July 1, 2020; 2017, No. 201 (Adj. Sess.), § 18, eff. July 1, 2024; 2023, No. 125 (Adj. Sess.), § 1a, eff. July 1, 2024; 2025, No. 4, § 6, eff. July 1, 2027.)