Rule 1.1 Procedure for Youthful Offender Proceedings

(a) In General. Rule 1, setting forth procedures for delinquency proceedings, governs all youthful offender proceedings in the family division, except as set forth in this rule.

(b) Preliminary Proceedings.

(1) Risk Screening Notification. Upon transfer from the criminal division or direct filing of a youthful offender petition in the family division, the court will notify the youth that the youth is required to participate in a risk screening within 15 days and that failure to do so could result in denial of youthful offender status.

(2) Report. Within 30 days after the youth has completed the risk screening, the Department for Children and Families must file with the court a report including a recommendation that the case should or should not be diverted, a recommendation that the case is or is not appropriate for youthful offender services, and a description of services available.

(3) Bail and Conditions of Release. Bail or conditions of release imposed by the criminal division remain in effect until the case is concluded, the conditions are struck or modified by the criminal division, or a disposition order is entered by the family division.

(c) Hearing.

(1) Contested Hearings. If a motion for youthful offender status is contested, hearsay may be admitted during the hearing and may be relied on to the extent of its probative value. Otherwise, the Vermont Rules of Evidence apply.

(2) Colloquy. Prior to granting a motion for youthful offender status, the court must engage in a colloquy ensuring that the youth voluntarily waives the right to a jury trial and the right to a public proceeding. If the youth does not waive those rights, the case will be transferred to the criminal division.

(d) Collateral Consequences. Pursuant to the Uniform Collateral Consequences Act, 13 V.S.A. §§ 8002-8017, the court must give notice of potential collateral consequences prior to granting a motion for youthful offender status and prior to accepting a plea.

(e) Adjudication.

(1) Grant of Youthful Offender. If the motion for youthful offender status is granted, the case will be adjudicated as provided in Rule 1, except that the entry of any conviction is deferred in the criminal division unless the court revokes youthful offender status pursuant to subdivision (f) of this rule.

(2) Denial of Youthful Offender. If the court denies the motion for youthful offender status, the case will be transferred to the criminal division.

(f) Modification/Revocation. Upon a finding that a youth has violated the terms of the juvenile probation order, the court may modify the terms of juvenile probation, transfer supervision of the youth to the Department of Corrections, or revoke youthful offender status. If youthful offender status is revoked, the case must be transferred to the criminal division for sentencing.

(g) Termination of Probation. Probation is terminated and the case closed when the term of probation is complete or when probation supervision is ended by any other means.

(h) Close of Case. If the term of probation expires or terminates, the case will be closed. The records in the criminal division will be expunged and the records in the family division will be sealed if required by 33 V.S.A. § 5287(c).