The Vermont Statutes Online

Title 33: Human Services

Chapter 033: Prevention of Juvenile Delinquency and Other Problem Behaviors

• § 3301. Definitions

  As used in this chapter:

  (1) “Council” means the Council for Equitable Youth Justice.

  (2) “DCF” means the Vermont Department for Children and Families.

  (3) “JJRA” means the federal Juvenile Justice and Delinquency Prevention Act of 1973 as reauthorized and as amended by the Juvenile Justice Reform Act of 2018, 34 U.S.C. § 11133.

  (4) “OJJDP” means the Office of Juvenile Justice and Delinquency Prevention within the U.S. Department of Justice. (Added 1983, No. 79, § 1; amended 1985, No. 177 (Adj. Sess.), § 2; 2023, No. 70, § 1, eff. July 1, 2023.)

• § 3302. Council for Equitable Youth Justice

  (a) Creation. There is created the Council for Equitable Youth Justice to serve as the State advisory group for Vermont pursuant to 34 U.S.C. § 11133. The Council supports compliance with the core requirements of the JJRA and promotes an effective Vermont juvenile justice system consistent with the legislative findings under 33 V.S.A. § 5101a.

  (b) Membership.

  (1) The Council shall consist of up to 25 members who shall be appointed by the Governor with the advice and consent of the Senate for three-year terms.

  (2) In appointing members, consideration shall be given to the selection of persons who adequately represent the interests of youth who are in the juvenile justice system and their families.

  (3) Membership shall be consistent with the federal requirements for State advisory groups pursuant to 34 U.S.C. § 11133(a)(3).

  (4) A majority of the members, including the Chair, shall not be full- time employees of federal, State, or local government.

  (c) Officers. The Council shall elect a chair, vice chair, and secretary or treasurer, or both, from its members who shall serve for one year or until their successors are elected.

  (d) Vacancy. In the event a vacancy occurs on the Council, the vacancy shall be filled in the same manner as provided in subdivision (b)(1) of this section. The term of a person appointed to fill a vacancy shall terminate on the date on which the original appointment would have terminated if the vacancy had not occurred.

  (e) Compensation. Council members are authorized to receive per diem compensation from federal funds as specified in 32 V.S.A. § 1010(b).

  (f) Quorum. A majority of the members of the Council shall constitute a quorum. The Council shall act only by vote of a majority of its members and voting at a meeting at which a quorum is in attendance. (Added 1983, No. 79, § 1; amended 1985, No. 177 (Adj. Sess.), § 3; 1997, No. 61, § 271a; 2023, No. 70, § 1, eff. July 1, 2023.)

• § 3303. Council duties and responsibilities

  (a) Subject to the provisions of 33 V.S.A. § 3309, the Council shall support monitoring and reporting compliance with the core requirements of the JJRA, including:

  (1) the deinstitutionalization of status offenders;

  (2) the separation of juveniles from incarcerated adults;

  (3) the removal of juveniles from adult jails and lockups; and

  (4) the reduction of racial and ethnic disparities in Vermont’s juvenile justice system.

  (b) [Repealed.]

  (c) Subject to the provisions of 32 V.S.A. § 5, the Council may apply for and receive federal funds for activities consistent with the legislative findings pursuant to 33 V.S.A. § 5101a and the requirements of the JJRA. The Council may obtain grants for activities pursuant to 34 U.S.C. § 11133(a)(9).

  (d) On December 1, 2024, and every three years thereafter, the Council shall, in coordination with DCF, develop a State juvenile justice plan designed to promote an effective juvenile justice system. The plan shall be consistent with the requirements of the JJRA and the legislative findings pursuant to 33 V.S.A. § 5101a.

  (e) On January 15, 2025, and every two years thereafter, the Council shall submit a written report to the Governor, the Joint Legislative Justice Oversight Committee, and DCF describing the efforts it has made to comply with the requirements of the JJRA, including the reduction of racial disparities and improving Vermont’s juvenile justice system. The report shall include an overview of federal funds received and expended to address these purposes and recommendations to improve the juvenile justice system.

  (f) In carrying out its duties and responsibilities, the Council shall rely on all available data related to the State’s juvenile justice system and shall make efforts to include youth and family voices, particularly the voices of youth and members of their families who have been impacted by the system. (Added 1983, No. 79 § 1; amended 1985, No. 177 (Adj. Sess.), § 4; 2013, No. 131 (Adj. Sess.), § 58, eff. May 20, 2014; 2021, No. 20, § 317; 2021, No. 179 (Adj. Sess.), § 9, eff. December 31, 2022; 2023, No. 6, § 392, eff. July 1, 2023; 2023, No. 70, § 1, eff. July 1, 2023.)

• § 3304. Repealed. 2023 No. 70, § 1, effective July 1, 2023.

  (Added 1983, No. 79, § 1; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2013, No. 92 (Adj. Sess.), § 293, eff. Feb. 14, 2014; 2013, No. 131 (Adj. Sess.), § 59, eff. May 20, 2014; 2023, No. 70, § 1, eff. July 1, 2023.)

• § 3305. Repealed. 2023 No. 70, § 1, effective July 1, 2023.

  (Added 1983, No. 79, § 1; amended 2013, No. 131 (Adj. Sess.), § 60, eff. May 20, 2014; repealed by 2023, No. 70, § 1, eff. July 1, 2023.)

• § 3306. Repealed. 2021, No. 179 (Adj. Sess.), § 10, eff. December 31, 2022.

  (Added 1985, No. 177 (Adj. Sess.), § 5; amended 1995, No. 164 (Adj. Sess.), § 2; 2021, No. 20, § 318; 2021, No. 105 (Adj. Sess.), § 612, eff. July 1, 2022; repealed on December 31, 2022 by 2021 No. 179 (Adj. Sess.), § 10.)

• § 3307. Repealed. 2021, No. 179 (Adj. Sess.), § 10, eff. December 31, 2022.

  (Added 1985, No. 177 (Adj. Sess.), § 6; repealed on December 31, 2022 by 2021 No. 179 (Adj. Sess.), § 10.)

• § 3308. Repealed. 2013, No. 142 (Adj. Sess.), § 100.

• § 3309. Compliance with the Juvenile Justice and Delinquency Prevention Act

  The Department for Children and Families, within the Agency of Human Services, is the State agency designated for supervising the preparation and administration of the Juvenile Justice and Delinquency Prevention Act State Plan and is also designated as the State agency responsible for monitoring and data collection for purposes of compliance with the Juvenile Justice and Delinquency Prevention Act. (Added 2017, No. 201 (Adj. Sess.), § 4, eff. May 30, 2018.)