Vermont § 5283 - Hearing in Family Division

§ 5283. Hearing in Family Division

• (a) Timeline. Unless the State’s Attorney refers the youth directly to court diversion pursuant
  to subsection 5280(e) of this title, a youthful offender consideration hearing shall be held not later than 60 days after
  the transfer of the case from the Criminal Division or filing of a youthful offender
  petition in the Family Division. (b) Notice. Notice of the hearing shall be provided to the State’s Attorney; the youth; the youth’s
  parent, guardian, or custodian; the Department; and the Department of Corrections. (c) Hearing procedure. (1) If the motion is contested, all parties shall have the right to present evidence and
  examine witnesses. Hearsay may be admitted and may be relied on to the extent of its
  probative value. If reports are admitted, the parties shall be afforded an opportunity
  to examine those persons making the reports, but sources of confidential information
  need not be disclosed. (2) For individuals who had attained 18 years of age but not 22 years of age at the time
  the act is alleged to have been committed, hearings under 5284(a) of this title shall
  be open to the public. All other youthful offender proceedings shall be confidential. (d) Burden of proof. The burden of proof shall be on the moving party to prove by a preponderance of the
  evidence that a child should be granted youthful offender status. If the court makes
  the motion, the burden shall be on the youth. (e) Further hearing. On its own motion or the motion of a party, the court may schedule a further hearing
  to obtain reports or other information necessary for the appropriate disposition of
  the case. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 45, § 7, eff. May 30, 2019.)