Criminal Justice (Juvenile Justice)

This bill changes Vermont's juvenile justice process by requiring certain serious offenses committed by juveniles (aged 14-22) to be filed in the Criminal Division of the Superior Court instead of the Family Division. It specifically applies to: (1) violating release conditions for prior serious offenses; (2) using firearms during felonies; (3) drug trafficking; and (4) aggravated stalking. The State’s Attorney may still choose to file such cases as "youthful offender" petitions in the Family Division. This shift aims to handle these specific offenses through criminal court procedures rather than juvenile court, while allowing limited transfer options between divisions under defined conditions.

This bill changes how Vermont handles juvenile criminal cases by moving certain serious offenses to the Criminal Division of Superior Court instead of the Family Division. It applies to juveniles aged 14-22 for specific crimes like firearm use during felony, drug trafficking, or aggravated stalking (as listed in sections 5201(c)(3) and 5204(a)). Key provisions include prohibiting suspended sentences for repeat offenders with prior escape convictions or three felony convictions, requiring written court findings for deferred sentences, and creating a new forensic facility for certain offenders. The bill also repeals "Raise the Age" protections for 19-year-olds and establishes stricter rules for sentencing and case transfers.

S.186 allows juvenile offenders (under 20) in certain criminal cases to choose whether to enter a plea agreement in the Criminal Division of the Superior Court instead of the Family Division. This applies when the offense charged is not specified in existing law (subsections 5204(a), 5201(c)(2), or (3)), giving juveniles a direct option to handle their case in Criminal Division. The bill amends Vermont statutes §5201 and §5203 to establish this election process, requiring the Criminal Division to retain jurisdiction if the juvenile chooses this path. It directly affects minors under 20 facing specific non-specified offenses who would otherwise be transferred to Family Division proceedings. The change takes effect immediately for sections 1-2 and July 2, 2027, for sections 3-4.

This bill shifts certain juvenile cases to criminal court, requiring that offenses like firearm use, drug trafficking, or aggravated stalking committed by youth aged 14-22 begin in the Criminal Division instead of the Family Division. It restricts judges from suspending or deferring sentences for repeat offenders (e.g., those with prior escape convictions or three+ felony convictions), mandating written findings if such sentences are granted. The bill also changes how recidivism is calculated, establishes a classification system for repeat violent offenders, and creates a forensic facility for certain criminal justice-involved individuals. These changes primarily affect juvenile offenders aged 14-22 and repeat offenders with specific prior convictions, altering court jurisdiction and sentencing options.

H 411 updates Vermont's public safety laws with several key changes. It extends extradition timelines to 120 days for individuals violating bail, probation, or parole in another state, and mandates a minimum five-year prison sentence for high-risk sex offenders who fail to comply with registry requirements. The bill restricts judges from using alternative sentences for repeat offenders or those violating probation without written justification, and changes the process for sealing criminal records to make sealing standard for most completed sentences with limited access for criminal justice and licensing purposes. Additionally, it transfers juvenile case jurisdiction for certain offenses from the Family Division to the Criminal Division and repeals a law that had raised the age of juvenile jurisdiction to 19.