The Vermont Statutes Online

Title 33 : Human Services

Chapter 052A : Youthful Offenders

• § 5282. Report from the Department

  (a) Within 30 days after the youth has completed the risk and needs screening pursuant to section 5280 of this title, unless the court extends the period for good cause shown or the State’s Attorney refers the youth directly to court diversion pursuant to subsection 5280(e) of this title, the Department for Children and Families shall file a report with the Family Division of the Superior Court.

  (b) A report filed pursuant to this section shall include the following elements:

  (1) a recommendation as to whether diversion is appropriate for the youth because the youth is a low to moderate risk to reoffend;

  (2) a recommendation as to whether youthful offender status is appropriate for the youth; and

  (3) a description of the services that may be available for the youth.

  (c) A report filed pursuant to this section is privileged and shall not be disclosed to any person other than:

  (1) the Department;

  (2) the court;

  (3) the State’s Attorney;

  (4) the youth, the youth’s attorney, and the youth’s guardian ad litem;

  (5) the youth’s parent, guardian, or custodian if the youth is under 18 years of age, unless the court finds that disclosure would be contrary to the best interests of the child;

  (6) the Department of Corrections; or

  (7) any other person when the court determines that the best interests of the youth would make such a disclosure desirable or helpful. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2017, No. 201 (Adj. Sess.), § 9; 2019, No. 45, § 6, eff. May 30, 2019.)