Vermont Statutes Title 33 Sec. 5287
Terms Used In Vermont Statutes Title 33 Sec. 5287
- Continuance: Putting off of a hearing ot trial until a later time.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 5287. Termination or continuance of probation
(a) A motion or stipulation may be filed at any time in the Family Division requesting that the court terminate the youth’s status as a youthful offender and discharge him or her from probation. The motion may be filed by the State‘s Attorney, the youth, the Department, or the court on its own motion.
(b) In determining whether a youth has successfully completed the terms of probation, the court shall consider:
(1) the degree to which the youth fulfilled the terms of the case plan and the probation order;
(2) the youth’s performance during treatment;
(3) reports of treatment personnel; and
(4) any other relevant facts associated with the youth’s behavior.
(c) If the court finds that the youth has successfully completed the terms of the probation order, it shall terminate youthful offender status, discharge the youth from probation, and file a written order dismissing the Family Division case. The Family Division shall provide notice of the dismissal to the Criminal Division, which shall dismiss the criminal case.
(d) Upon discharge and dismissal under subsection (c) of this section, all records relating to the case in the Criminal Division shall be expunged, and all records relating to the case in the Family Court shall be sealed pursuant to section 5119 of this title.
(e) If the court denies the motion to discharge the youth from probation, the court may extend or amend the probation order as it deems necessary.
(f) Upon the termination of the period of probation, the youth shall be discharged from probation. (Added 2017, No. 72, § 5, eff. July 1, 2018; amended 2019, No. 124 (Adj. Sess.), § 9.)