§ 5204. Transfer from Family Division of the Superior Court
[Subsection (a) effective until July 1, 2027; see also subsection (a) effective July
1, 2027, set out below.]
(a) After a petition has been filed alleging delinquency, upon motion of the State’s Attorney
and after hearing, the Family Division of the Superior Court may transfer jurisdiction
of the proceeding to the Criminal Division of the Superior Court if the child had
attained 16 years of age but not 19 years of age at the time the act was alleged to
have occurred and the delinquent act set forth in the petition is a felony not specified
in subdivisions (1)–(11) of this subsection or if the child had attained 12 years
of age but not 14 years of age at the time the act was alleged to have occurred, and
if the delinquent act set forth in the petition was any of the following:
(1) arson causing death as defined in 13 V.S.A. § 501 or an attempt to commit that offense;
(2) assault and robbery with a dangerous weapon as defined in 13 V.S.A. § 608(b) or an attempt to commit that offense;
(3) assault and robbery causing bodily injury as defined in 13 V.S.A. § 608(c) or an attempt to commit that offense;
(4) aggravated assault as defined in 13 V.S.A. § 1024 or an attempt to commit that offense;
(5) murder as defined in 13 V.S.A. § 2301 and aggravated murder as defined in 13 V.S.A. § 2311 or an attempt to commit either of those offenses;
(6) manslaughter as defined in 13 V.S.A. § 2304 or an attempt to commit that offense;
(7) kidnapping as defined in 13 V.S.A. § 2405 or an attempt to commit that offense;
(8) unlawful restraint as defined in 13 V.S.A. § 2406 or 2407 or an attempt to commit that offense;
(9) maiming as defined in 13 V.S.A. § 2701 or an attempt to commit that offense;
(10) sexual assault as defined in 13 V.S.A. § 3252(a)(1) or (a)(2) or an attempt to commit that offense; or
(11) aggravated sexual assault as defined in 13 V.S.A. § 3253 and aggravated sexual assault of a child as defined in 13 V.S.A. § 3253a or an attempt to commit either of those offenses.
[Subsection (a) effective July 1, 2027; see also subsection (a) effective until July
1, 2027, set out above.]
(a) After a petition has been filed alleging delinquency, upon motion of the State’s Attorney
and after hearing, the Family Division of the Superior Court may transfer jurisdiction
of the proceeding to the Criminal Division of the Superior Court if the child had
attained 16 years of age but not 20 years of age at the time the act was alleged to
have occurred and the delinquent act set forth in the petition is a felony not specified
in subdivisions (1)–(11) of this subsection or if the child had attained 12 years
of age but not 14 years of age at the time the act was alleged to have occurred, and
if the delinquent act set forth in the petition was any of the following:
(1) arson causing death as defined in 13 V.S.A. § 501 or an attempt to commit that offense;
(2) assault and robbery with a dangerous weapon as defined in 13 V.S.A. § 608(b) or an attempt to commit that offense;
(3) assault and robbery causing bodily injury as defined in 13 V.S.A. § 608(c) or an attempt to commit that offense;
(4) aggravated assault as defined in 13 V.S.A. § 1024 or an attempt to commit that offense;
(5) murder as defined in 13 V.S.A. § 2301 and aggravated murder as defined in 13 V.S.A. § 2311 or an attempt to commit either of those offenses;
(6) manslaughter as defined in 13 V.S.A. § 2304 or an attempt to commit that offense;
(7) kidnapping as defined in 13 V.S.A. § 2405 or an attempt to commit that offense;
(8) unlawful restraint as defined in 13 V.S.A. § 2406 or 2407 or an attempt to commit that offense;
(9) maiming as defined in 13 V.S.A. § 2701 or an attempt to commit that offense;
(10) sexual assault as defined in 13 V.S.A. § 3252(a)(1) or (a)(2) or an attempt to commit that offense; or
(11) aggravated sexual assault as defined in 13 V.S.A. § 3253 and aggravated sexual assault of a child as defined in 13 V.S.A. § 3253a or an attempt to commit either of those offenses.
(b)(1) The State’s Attorney of the county where the juvenile petition is pending may move
in the Family Division of the Superior Court for an order transferring jurisdiction
under subsection (a) of this section at any time prior to adjudication on the merits.
The filing of the motion to transfer jurisdiction shall automatically stay the time
for the hearing provided for in section 5225 of this title, which stay shall remain in effect until such time as the Family Division of the
Superior Court may deny the motion to transfer jurisdiction.
(2)(A)(i) The Family Division of the Superior Court shall hold a hearing under subsection (c)
of this section to determine whether jurisdiction should be transferred to the Criminal
Division under subsection (a) of this section if the delinquent act set forth in the
petition is:
(I) [Repealed.]
(II) human trafficking or aggravated human trafficking in violation of 13 V.S.A. § 2652 or 2653;
(III) defacing a firearm’s serial number in violation of 13 V.S.A. § 4026; or
(IV) straw purchasing of firearm in violation of 13 V.S.A. § 4025; and
(ii) the child had attained 16 years of age but not 19 years of age at the time the act
was alleged to have occurred.
(B) A transfer hearing required by this subdivision (2) shall occur without delay and
as soon as practicable, and the State shall have the burden of proof. The court decision
to hold the transfer hearing shall automatically stay the time for the hearing provided
for in section 5225 of this title, which stay shall remain in effect until such time as the Family Division of the
Superior Court may deny the motion to transfer jurisdiction.
(c) Upon the filing of a motion to transfer jurisdiction under subdivision (b)(1) of this
section, or in cases where a hearing is required under subdivision (b)(2) of this
section, the Family Division of the Superior Court shall conduct a hearing in accordance
with procedures specified in subchapter 2 of this chapter to determine whether:
(1) there is probable cause to believe that the child committed the charged offense; and
(2) public safety and the interests of the community would not be served by treatment
of the child under the provisions of law relating to the Family Division of the Superior
Court and delinquent children.
(d) In making its determination as required under subsection (c) of this section, the
court may consider, among other matters:
(1) the maturity of the child as determined by consideration of the child’s age, home,
and environment; emotional, psychological, and physical maturity; and relationship
with and adjustment to school and the community;
(2) the extent and nature of the child’s prior record of delinquency;
(3) the nature of past treatment efforts and the nature of the child’s response to them,
including the child’s mental health treatment and substance abuse treatment and needs;
(4) the nature and circumstances of the alleged offense, including whether the alleged
offense was committed in an aggressive, violent, premeditated, or willful manner;
(5) the nature of any personal injuries resulting from or intended to be caused by the
alleged act;
(6) the prospects for rehabilitation of the child by use of procedures, services, and
facilities available through juvenile proceedings;
(7) whether the protection of the community would be better served by transferring jurisdiction
from the Family Division to the Criminal Division of the Superior Court;
(8) the youth’s residential housing status;
(9) the youth’s employment and educational situation;
(10) whether the youth has complied with conditions of release;
(11) the youth’s criminal record and whether the youth has engaged in subsequent criminal
or delinquent behavior since the original charge;
(12) whether the youth has connections to the community; and
(13) the youth’s history of violence and history of illegal or violent conduct involving
firearms.
(e) A transfer under this section shall terminate the jurisdiction of the Family Division
of the Superior Court over the child only with respect to those delinquent acts alleged
in the petition with respect to which transfer was sought.
(f)(1) The Family Division, following completion of the transfer hearing, shall make findings
and, if the court orders transfer of jurisdiction from the Family Division, shall
state the reasons for that order. If the Family Division orders transfer of jurisdiction,
the child shall be treated as an adult. The State’s Attorney shall commence criminal
proceedings as in cases commenced against adults.
(2) Notwithstanding subdivision (1) of this subsection, the parties may stipulate to a
transfer of jurisdiction from the Family Division at any time after a motion to transfer
is made pursuant to subsection (b) of this section. The court shall not be required
to make findings if the parties stipulate to a transfer pursuant to this subdivision.
Upon acceptance of the stipulation to transfer jurisdiction, the court shall transfer
the proceedings to the Criminal Division and the child shall be treated as an adult.
The State’s Attorney shall commence criminal proceedings as in cases commenced against
adults.
(3) Notwithstanding subdivision (1) of this subsection, the parties may stipulate to convert
the juvenile proceeding to a youthful offender proceeding under chapter 52A of this
title. If the parties stipulate to convert the proceeding pursuant to this subdivision,
the court may proceed immediately to a youthful offender consideration hearing under
section 5283 of this title. The Court shall request that the Department complete a youthful offender consideration
report under section 5282 of this title before accepting a case for youthful offender treatment pursuant to this subdivision.
(g) The order granting or denying transfer of jurisdiction shall constitute a final order
within the meaning of Rules 3 and 4 of the Vermont Rules of Appellate Procedure.
(h) If a person who has not attained 16 years of age at the time of the alleged offense
has been prosecuted as an adult and is not convicted of one of the acts listed in
subsection (a) of this section but is convicted only of one or more lesser offenses,
jurisdiction shall be transferred to the Family Division of the Superior Court for
disposition. A conviction under this subsection shall be considered an adjudication
of delinquency and not a conviction of crime, and the entire matter shall be treated
as if it had remained in the Family Division throughout. In case of an acquittal for
a matter specified in this subsection and in case of a transfer to the Family Division
under this subsection, the court shall order the sealing of all applicable files and
records of the court, and such order shall be carried out as provided in subsection 5119(e) of this title.
(i) If a juvenile 16 years of age or older has been prosecuted as an adult for an offense
not listed in subsection (a) of this section and is not convicted of a felony, but
is convicted of a lesser included misdemeanor, jurisdiction shall be transferred to
the Family Division of the Superior Court for disposition. A conviction under this
subsection shall be considered an adjudication of delinquency and not a conviction
of a crime, and the entire matter shall be treated as if it had remained in the Family
Division throughout. In case of an acquittal for a matter specified in this subsection
and in case of a transfer to the Family Division under this subsection, the court
shall order the sealing of all applicable files and records of the court, and such
order shall be carried out as provided in subsection 5119(e) of this title.
(j) The record of a hearing conducted under subsection (c) of this section and any related
files shall be open to inspection only by persons specified in subsections 5117(b)
and (c) of this title in accordance with section 5119 of this title and by the attorney for the child. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 238; 2011, No. 159 (Adj. Sess.), § 4; 2015, No. 153 (Adj. Sess.), § 11, eff. January 1, 2017; 2015, No. 153 (Adj. Sess.), § 12; 2017, No. 201 (Adj. Sess.), § 16, eff. July 1, 2020; 2017, No. 201 (Adj. Sess.), § 19, eff. July 1, 2024; 2021, No. 160 (Adj. Sess.), § 14, eff. June 1, 2022; 2023, No. 23, § 1, eff. May 30, 2023; 2023, No. 125 (Adj. Sess.), § 2, eff. July 1, 2024; 2025, No. 4, § 7, eff. July 1, 2027; 2025, No. 64, § 16, eff. June 12, 2025.)