Vermont § 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 22 years of age in a criminal proceeding who had attained 12 years
  of age but not 22 years of age 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) Unless the State’s Attorney refers the youth directly to court diversion pursuant
  to subsection 5280(e) of this title, upon the filing of a motion under this section or the filing of a youthful offender
  petition pursuant to section 5280 of this title, the Family Division shall hold a hearing pursuant to section 5283 of this title. Pursuant to section 5110 of this title, the hearing shall be confidential. 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: (1) the Family Division accepts the case for treatment as a youthful offender and orders
  conditions of juvenile probation pursuant to section 5284 of this title; (2) any conditions of release or bail are modified, amended, or vacated pursuant to 13 V.S.A. chapter 229; or (3) the case is otherwise concluded. (c)(1) If the Family Division rejects the case for youthful offender treatment pursuant to
  section 5284 of this title, the case shall be transferred to the Criminal Division. 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 or youthful offender petition
  had not been filed. (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. (d) If the Family Division accepts the case for youthful offender treatment, the case
  shall proceed to a confidential merits hearing or admission pursuant to sections 5227-5229 of this title. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 45, § 5, eff. May 30, 2019.)