Probation

V.S.A. tit. 33, ch. 52, subch. 4

in effect

33 V.S.A. § 5261 Powers and responsibilities of the Commissioner regarding juvenile probation

5261. Powers and responsibilities of the Commissioner regarding juvenile probation The Commissioner shall be charged with the following powers and responsibilities regarding the administration of juvenile probation: (1) to maintain supervision of juveniles placed on probation; (2) to supervise the administration of juvenile probation services, including the authority to enter into contracts with community-based agencies to provide probation services, which may include restitution and community service programs, and to establish policies and standards and adopt rules regarding juvenile probation investigation, supervision, casework and caseloads, record-keeping, and the qualification of juvenile probation officers; and (3) to prescribe rules, consistent with any orders of the court, governing the conduct of juveniles on probation. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5262 Conditions of probation

5262. Conditions of probation (a) The conditions of probation shall be such as the court in its discretion deems necessary to ensure to the greatest extent reasonably possible that the juvenile will be provided a program of treatment, training, and rehabilitation consistent with the protection of the public interest. The court shall provide as an explicit condition of every juvenile probation certificate that if the juvenile is adjudicated a delinquent or is convicted of an adult crime while on probation, then the court may find the juvenile in violation of the conditions of probation. (b) The court may, as a condition of probation, require that the juvenile: (1) Work faithfully for a prescribed number of hours at a community service activity acceptable to the court or, if so ordered by the court, at a community service activity acceptable to a probation officer. (2) Make restitution or reparation to the victim of the juvenile’s conduct for the damage or injury that was sustained. When restitution or reparation is a condition of probation, the court shall fix the amount thereof. The court shall further determine the amount the juvenile can or will be able to pay and fix the manner of performance. In the alternative, the court may refer the determination of the amount, the ability to pay, and the manner of performance to a restorative justice panel. (3) Participate in programs designed to develop competencies to enable the child to become a responsible and productive member of the community. (4) Refrain from purchasing or possessing a firearm or ammunition, any destructive device, or any dangerous weapon unless granted written permission by the court or juvenile probation officer. (5) Report to a juvenile probation officer at reasonable times as directed by the court or the probation officer. (6) Permit the juvenile probation officer to visit the juvenile at reasonable times at home or elsewhere. (7) Remain within the jurisdiction of the court unless granted permission to leave by the court or the probation officer. (8) Answer all reasonable inquiries by the juvenile probation officer and promptly notify the probation officer of any change in address or employment. (9) Satisfy any other conditions reasonably related to the juvenile’s rehabilitation. (10) Reside at home or other location specified by the court. (11) Attend or reside at an educational or vocational facility or a facility established for the instruction, recreation, or residence of persons on probation. (12) Work faithfully at suitable employment or faithfully pursue a course of study or of vocational training that will equip the juvenile for suitable employment. (13) Undergo available medical treatment, participate in psychiatric treatment or mental health counseling, and participate in alcohol or drug abuse assessment or treatment on an outpatient or inpatient basis. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5263 Juvenile probation certificate

5263. Juvenile probation certificate (a) When a juvenile is placed on probation, the court shall issue a written juvenile probation certificate setting forth: (1) the name of the juvenile; (2) the nature of the delinquent act committed by the juvenile; (3) the date and place of the juvenile delinquency hearing; (4) the order of the court placing the juvenile on probation; and (5) the conditions of the juvenile’s probation. (b) The juvenile probation certificate shall be furnished to and signed by the juvenile and a custodial parent, guardian, or custodian of the child, if other than parent. It shall be fully explained to them, and they shall be informed about the consequences of violating the conditions of probation, including the possibility of revocation of probation. A copy of the juvenile probation certificate shall also be furnished to the Commissioner. The probation certificate is not invalidated if it is not signed as required by this subsection. (c) The signature of a custodial parent, guardian, or custodian on a probation certificate shall constitute verification that the parent, guardian, or custodian understands the terms of juvenile probation and agrees to facilitate and support the child’s compliance with such terms and to attend treatment programs with the child as recommended by the treatment provider. (d) The juvenile probation certificate shall be full authority for the exercise by the Commissioner of all the rights and powers over and in relation to the juvenile prescribed by law and by the order of the court. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5264 Modification of conditions

5264. Modification of conditions (a) During the period of probation, the court, on application of a juvenile probation officer, the State’s Attorney, the juvenile, or on its own motion, may modify the requirements imposed upon the juvenile or add further requirements authorized by section 5262 of this title. A juvenile may request modification of a restitution issue determined by a restorative panel. (b) Whenever the court proposes any modification of the conditions of probation, the juvenile probationer shall have a reasonable opportunity to contest the modification prior to its imposition. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5265 Violation of conditions of probation

5265. Violation of conditions of probation (a) If the juvenile fails to comply with conditions of probation, the State’s Attorney, a juvenile probation officer, or the court on its own motion may initiate a proceeding to establish that the juvenile is in violation of probation conditions. (b) A juvenile probationer shall not be found in violation of conditions of probation unless the juvenile probationer is found to have violated a condition of probation, is again adjudicated a delinquent, or is convicted of a crime. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5266 Summons, apprehension, and prehearing placement of juvenile probationer

5266. Summons, apprehension, and prehearing placement of juvenile probationer At any time before the discharge of a juvenile probationer or the termination of the period of probation: (1) The court may summon the juvenile to appear before it or may issue an order for the juvenile’s apprehension and placement in a detention or treatment facility. (2) Any juvenile probation officer may apprehend a juvenile probationer or may authorize any officer to do so by giving the officer a written statement setting forth that the juvenile has, in the judgment of the juvenile probation officer, violated a condition of probation. The written statement delivered with the juvenile by the apprehending officer to the supervisor of the juvenile detention or treatment facility or residential program to which the juvenile is brought for prehearing placement shall be sufficient authority for maintaining the juvenile in the facility or residential program. (3) Any juvenile probationer apprehended or placed in accordance with the provisions of this chapter shall have no right of action against the juvenile probation officer or any other person because of such apprehension or placement. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 3, § 94, eff. Feb. 17, 2011.

33 V.S.A. § 5267 Previolation hearing

5267. Previolation hearing (a) Whenever a juvenile probationer is apprehended and placed on the grounds that the juvenile has violated a condition of probation, the juvenile shall be given a hearing before a judicial officer prior to the close of business on the next court business day in order to determine whether there is probable cause to hold the juvenile for a violation hearing. The juvenile and the adult who signed the probation certificate shall be given: (1) notice of the previolation hearing and its purpose and the allegations of violations of conditions of probation; and (2) notice of the juvenile’s right to be represented by counsel and right to be assigned counsel if the juvenile is unable to obtain counsel. (b) At the previolation hearing the juvenile shall be given: (1) an opportunity to appear at the hearing and present evidence on his or her own behalf; and (2) upon request, the opportunity to question witnesses against him or her unless, for good cause, the judicial officer decides that justice does not require the appearance of the witness. (c) If probable cause is found to exist, the juvenile shall be held for a hearing to determine if the juvenile violated the conditions of probation. If probable cause is not found to exist, the proceedings shall be dismissed. (d) A juvenile held under this section pursuant to a request to find the juvenile in violation of probation may be released by a judicial officer pending hearing or appeal. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2011, No. 3, § 95, eff. Feb. 17, 2011.

33 V.S.A. § 5268 Notice; violation hearing

5268. Notice; violation hearing (a) The court shall not find a juvenile in violation of the juvenile’s probation without a hearing, which shall be held promptly in the court in which the probation was imposed. If the juvenile is held in detention prior to the hearing, the hearing shall take place at the earliest possible time. Prior to the hearing, the juvenile and the adult who signed the probation certificate shall receive a written notice of the hearing at his or her last known address stating that the juvenile has allegedly violated one or more conditions of probation and which condition or conditions have been violated. At the hearing, the juvenile shall have: (1) the right to legal counsel if requested by the juvenile probationer or the adult who signed the probation certificate to be assigned by the court in the same manner as in criminal cases; (2) the right to disclosure of evidence against the juvenile; (3) the opportunity to appear and to present evidence on the juvenile’s behalf; and (4) the opportunity to question witnesses against the juvenile. (b) The State’s Attorney having jurisdiction or the Commissioner shall establish the alleged violation by a preponderance of the evidence if the juvenile probationer contests the allegation. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 105 (Adj. Sess.), § 619, eff. July 1, 2022.

33 V.S.A. § 5269 Disposition alternatives upon violation of conditions of probation

5269. Disposition alternatives upon violation of conditions of probation If a violation of conditions of probation is established, the court may, in its discretion, modify the conditions of probation or order any of the disposition alternatives provided for in section 5232 of this title. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5270 Final judgment

5270. Final judgment An order placing a juvenile on probation and a finding that a juvenile violated a condition of probation shall constitute a final judgment. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5271 Discharge from probation

5271. Discharge from probation (a) The court placing a juvenile on probation may terminate probation and discharge the juvenile at any time. (b) Upon the termination of the period of probation, the juvenile probationer shall be discharged from probation. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009.

33 V.S.A. § 5272 Juvenile Justice Unit; Juvenile Justice Director

5272. Juvenile Justice Unit; Juvenile Justice Director (a) A Juvenile Justice Unit is created in the Family Services Division of the Department. The Unit shall be headed by a Juvenile Justice Director. (b) The Juvenile Justice Director shall have the responsibility and authority to monitor and coordinate all State and participating regional and local programs that deal with juvenile justice issues, including prevention, education, enforcement, adjudication, and rehabilitation. (c) The Juvenile Justice Director shall ensure that the following occur: (1) development of a comprehensive plan for a coordinated and sustained statewide program to reduce the number of juvenile offenders, involving State, regional, and local officials in the areas of health, education, prevention, law enforcement, corrections, teen activities, and community wellness; (2) cooperation among State, regional, and local officials; court personnel; service providers; and law enforcement agencies in the formulation and execution of a coordinated statewide juvenile justice program; (3) cooperation among appropriate departments, including the Department; the Agency of Education; the Departments of Corrections, of Labor, of Mental Health, of Public Safety, and of Disabilities, Aging, and Independent Living; and the Department of Health’s Division of Substance Use Programs; (4) a study of issues relating to juvenile justice and development of recommendations regarding changes in law and rules, as deemed advisable; and (5) compilation of data on issues relating to juvenile justice and analysis, study, and organization of such data for use by educators, researchers, policy advocates, administrators, legislators, and the Governor. Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2021, No. 115 (Adj. Sess.), § 8, eff. July 1, 2022.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/33/052Fetched: 10/21/2026