Rule 1.1.Procedure for Youthful Offender Proceedings
Last amended November 14, 2022 · Last verified September 12, 2026
Full Text of Rule 1.1
Notes
REPORTER'S NOTES: Rule 1.1 is added to implement the provisions of Chapter 52A of Title 33, Youthful Offenders, 2017, No. 72 (Adj. Sess.). Section 7 of Act 72 directs the Vermont Supreme Court to consider the adoption of appropriate rules. For the most part, the provisions of Rule 1.1 track the procedural provisions outlined in statute. The Supreme Court's Advisory Committee on the Rules for Family Proceedings concluded that the consolidation of these provisions into a rule would enhance consistency of practice in youthful offender proceedings. Subdivision (a) of the rule makes the provisions of Rule 1 applicable to youthful offender proceedings except as modified by this rule. Paragraphs (b)(1) and (2) incorporate the provisions of 33 V.S.A. § 5280(d) and § 5282 related to a risk and needs screening of the youth and a report on the screening by the Department for Children and Families. While 33 V.S.A. § 5280(d) specifies that the Department conduct the screening, it does not specify which entity is responsible for notifying the youth of the screening requirement. Rule 1.1(b)(1) specifies that the notice be provided by the court. Paragraph (b)(3) incorporates the provisions of 33 V.S.A. § 5281(b)(1)-(3) related to conditions of release or bail. Paragraph (c)(1) incorporates the provisions of 33 V.S.A. § 5283(c)(1) related to the admissibility of hearsay evidence at a contested youthful offender consideration hearing and provides that otherwise the Vermont Rules of Evidence apply. Paragraph (c)(2) requires that the court engage in a colloquy with the youth to ensure a voluntary waiver of the youth's rights to a jury trial and public proceeding. The colloquy is comparable to a colloquy under V.R.Cr.P. 11 made applicable to juvenile delinquency proceedings pursuant to Rule 1(a)(3) with appropriate modifications. Subdivision (d) requires notice to the youth of potential collateral consequences in conformance with 13 V.S.A. § 8005 and V.R.Cr.P. 11(c)(8) made applicable to juvenile delinquency proceedings pursuant to Rule 1(a)(3). The colloquy between the court and the juvenile regarding potential collateral consequences should occur both prior to the granting youthful offender status and prior to accepting a plea. Paragraph (e)(1) makes applicable the provisions of Rule 1 related to delinquency proceedings if youthful offender status is granted. It also provides that an entry of a conviction in the criminal division is deferred unless the case is returned to the criminal division as a result of a decision to revoke the youthful offender status. In the event the motion is not granted, paragraph (e)(2) provides that the case will be transferred to the criminal division, as outlined in 33 V.S.A. § 5281(c)(1). Subdivision (f) incorporates the provisions of 33 V.S.A. § 5285(c) setting forth the court's options if the youth violates conditions of probation and further provides that, in the event the case is transferred back to the criminal division, the case will be scheduled for a sentencing hearing. See 33 V.S.A. § 5285(d). Subdivision (g) outlines the three grounds for termination of probation for a youthful offender including the conclusion of a fixed term of probation, the loss of jurisdiction over the youth because the youth has reached the age of 22 years of age, see 33 V.S.A. § 5103(c)(2)(D) (describing family division jurisdiction over a youthful offender), or termination of probation by the court upon motion pursuant to 33 V.S.A. § 5287(c). Subdivision (h) incorporates the provisions of 33 V.S.A. § 5287(d) relating to the expungement of records in the Criminal Division and the sealing of records in the Family Division. See 33 V.S.A. § 5119.
Amendment History
[Adopted September 13, 2022, effective November 14, 2022.]
Plain-English Summary
A youthful offender case is a middle path between juvenile and adult handling. The case either starts in the family division or is transferred there from the criminal division, and while it sits in the family division the delinquency procedures of Rule 1 run it. Rule 1.1 marks only the places where youthful offender practice departs from those procedures.
At the front end, the court notifies the youth of the requirement to take part in a risk screening within 15 days, and warns that skipping it could cost youthful offender status. Once the screening is done, the Department for Children and Families has 30 days to file a report recommending whether the case should be diverted, whether it fits youthful offender services, and describing what services are available. Any bail or conditions of release set by the criminal division stay in effect until the case is concluded, the criminal division strikes or modifies them, or the family division enters a disposition order.
Then comes the decision. If the motion for youthful offender status is contested, the court may take hearsay and give it whatever weight it earns, and otherwise the Vermont Rules of Evidence apply. Before granting the motion the judge must engage the youth in a colloquy confirming a voluntary waiver of the right to a jury trial and the right to a public proceeding. A youth who will not waive those rights goes to the criminal division, and so does a youth whose motion is denied. The court must also give notice of potential collateral consequences before granting status and again before accepting a plea.
With status granted, the case is adjudicated under the delinquency rules and no conviction is entered in the criminal division. A finding that the youth violated the juvenile probation order gives the judge a choice: change the probation terms, transfer supervision to the Department of Corrections, or revoke youthful offender status, which sends the case back to the criminal division for sentencing. If the term of probation expires or probation supervision ends some other way, the case closes, the criminal division records are expunged, and the family division records are sealed where the statute requires it.
Frequently Asked Questions
What is a youthful offender case in Vermont?
It is a case handled in the family division under the juvenile delinquency procedures, with the entry of any conviction in the criminal division put on hold. The youth is supervised under a juvenile probation order in the family division while that hold lasts.
If probation runs its course, the case closes, the criminal division records are expunged, and the family division records are sealed where the statute calls for it. The conviction never lands unless the court revokes youthful offender status, which sends the case to the criminal division for sentencing.
What happens if the youth does not complete the risk screening?
The court tells the youth that participation is required within 15 days and that failing to take part could result in denial of youthful offender status. A denial sends the case to the criminal division.
Why does the judge question the youth before granting youthful offender status?
Because this path trades away rights the youth would otherwise keep, and the court has to be sure the trade is voluntary. The colloquy covers two of them: the right to a jury trial and the right to a public proceeding.
If the youth will not waive them, the case is transferred to the criminal division. The judge must also warn about potential collateral consequences before granting status and again before accepting a plea.
What happens if the youth violates juvenile probation?
On a finding of violation, the judge may modify the terms of juvenile probation, transfer supervision of the youth to the Department of Corrections, or revoke youthful offender status.
Revocation is the heaviest of these. The case then goes back to the criminal division for sentencing, and the conviction that had been deferred is no longer on hold.
What happens to the records when a youthful offender case closes?
When the term of probation expires or ends, the case is closed, the records in the criminal division are expunged, and the records in the family division are sealed where the governing statute requires sealing.