The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
(Cite as: 33 V.S.A. § 5283)
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§ 5283. Hearing in Family Division
(a) Timeline. Unless the State’s Attorney refers the youth directly to court diversion pursuant
to subsection 5280(e) of this title, a youthful offender consideration hearing shall be held not later than 60 days after
the transfer of the case from the Criminal Division or filing of a youthful offender
petition in the Family Division.
(b) Notice. Notice of the hearing shall be provided to the State’s Attorney; the youth; the youth’s
parent, guardian, or custodian; the Department; and the Department of Corrections.
(c) Hearing procedure.
(1) If the motion is contested, all parties shall have the right to present evidence and
examine witnesses. Hearsay may be admitted and may be relied on to the extent of its
probative value. If reports are admitted, the parties shall be afforded an opportunity
to examine those persons making the reports, but sources of confidential information
need not be disclosed.
(2) For individuals who had attained 18 years of age but not 22 years of age at the time
the act is alleged to have been committed, hearings under 5284(a) of this title shall
be open to the public. All other youthful offender proceedings shall be confidential.
(d) Burden of proof. The burden of proof shall be on the moving party to prove by a preponderance of the
evidence that a child should be granted youthful offender status. If the court makes
the motion, the burden shall be on the youth.
(e) Further hearing. On its own motion or the motion of a party, the court may schedule a further hearing
to obtain reports or other information necessary for the appropriate disposition of
the case. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 45, § 7, eff. May 30, 2019.)