ActSenate No.proposal of amendment H.

140642 PageAn 1 of 1 This act summaryrelating isto providedyouthful foroffender theproceedings. convenience of the public and members of the General Assembly.

ItThe isSenate intendedproposes to providethe aHouse generalto summaryamend ofthe bill by striking out all after the actenacting clause and mayinserting notin belieu exhaustive.thereof the following:

ItSec. has been prepared by the staff of the Office of Legislative Counsel without input from members of the General Assembly.

It1. is not intended to aid in the interpretation of legislation or to serve as a source of legislative intent.

Act33 No.V.S.A.

140§ 5285 (H.642).is amended to read:

An§ act5285. relating to youthful offender proceedings Subjects:

HumanMODIFICATION services;OR REVOCATION OF DISPOSITION (a)(1) If it appears that the youth has violated the terms of juvenile probation ordered by the court pursuant to subdivision 5284(c)(1) of this title, a motion for modification or revocation of youthful offender status may be filed in the Family Division of the Superior Court.

The court procedures;shall set the motion for hearing as soon as practicable.

youthfulThe offenderhearing Thismay actbe makesjoined severalwith changesa tohearing theon requirementsa forviolation youthfulof offenderconditions proceedingsof whenprobation theunder youthsection violates5265 conditions of probation.this title.

IfA asupervising youthfuljuvenile offenderor violatesadult probation, the act authorizes the court to extend jurisdiction beyond the youth’s 22nd birthday until the probation violationofficer motionmay isdetain resolved,in lists factors for the court to consider when deciding whether to retain jurisdiction or send the youth to the Criminal Division, and authorizes the court to order an officeradult tofacility picka upyouthful theoffender youthwho andhas bringattained the18 youthyears toof courtage iffor theviolating youthconditions failsof toprobation. appear at the hearing.

The(2) actNotwithstanding alsosubdivision permits5103(c)(2)(D) theof victimthis totitle, attendwhen anda bemotion heardfor atrevocation aof youthful offender considerationstatus hearing.is pending pursuant to this section, the Family Division’s jurisdiction over the youth shall remain in effect until the youth is discharged or until probation is revoked.

EffectiveThe Date:Family Division may extend its jurisdiction over the youth beyond the youth’s 22nd birthday to the extent necessary to maintain jurisdiction under this subdivision.

July(b) 1,A 2026hearing VTunder LEGthis #390071section v.2shall be held in accordance with section of this title.

(c)(1) If the court finds after the hearing that the youth has violated the terms of his or her the youth’s probation, the court may:

(1)(A) maintain the youth’s status as a youthful offender, with modified conditions of juvenile probation if the court deems it appropriate;

(2)(B) revoke the youth’s status as a youthful offender and transfer the case with a record of the petition, affidavit, adjudication, disposition, and revocation to the Criminal Division for sentencing;

or (3)(C) transfer supervision of the youth to the Department of Corrections with all of the powers and authority of the Department and the Commissioner under Title 28, including graduated sanctions and electronic monitoring.

(2) For purposes of making its determination under subdivision (1) of this subsection, the court shall consider whether:

(A) under the criteria of subdivision 5284(a)(2) of this title, public safety will be protected by continuing to treat the youth as a youthful offender;

(B) the youth continues to be amenable to treatment or rehabilitation as a youthful offender;

and (C) there continue to be sufficient services in the juvenile court system, the Department for Children and Families, and the Department of Corrections to meet the youth’s treatment and rehabilitation needs.

(d) If the youth fails to appear at a probation revocation hearing under this section, the court may, unless it finds there was good cause for the failure to appear, issue an order pursuant to subsection 5108(c) of this title for an officer to pick up the youth and bring the youth to court.

(e) If a youth’s status as a youthful offender is revoked and the case is transferred to the Criminal Division pursuant to subdivision (c)(2)(c)(1)(B) of this section, the court shall enter a conviction of guilty based on the admission to or finding of merits, hold a sentencing hearing, and impose sentence.

Unless it serves the interest interests of justice, the case shall not be transferred back to the Family Division pursuant to section 5203 of this title.

When determining an appropriate sentence, the court may take into consideration the youth’s degree of progress toward or regression from rehabilitation while on youthful offender status.

The Criminal Division shall have access to all Family Division records of the proceeding.

Sec.

2.

33 V.S.A.

§ 5288 is amended to read:

§ 5288.

RIGHTS OF VICTIMS IN YOUTHFUL OFFENDER PROCEEDINGS (a) The victim in a proceeding involving a youthful offender shall have the following rights:

(1) To be notified by the prosecutor in a timely manner:

(A) when a court proceeding is scheduled to take place and when a court proceeding to of which the victim has been notified will not take place as scheduled;

and (B) of any conditions of release or conditions of probation and of any restitution unless otherwise limited by court order.

(2) To be present during all court proceedings subject to the provisions of Rule 615 of the Vermont Rules of Evidence;

to attend the hearing on the motion to consider youthful offender status and the disposition hearing to present a victim impact statement and to express reasonably the victim’s views concerning the offense and the youth, including testimony in support of the victim’s claim for restitution;

and to submit oral or written statements to the court at such other times as the court may allow.