Vermont 2025-2026 Regular Session

Vermont House Bill H0411 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.411
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6	6	H.411 1
7	7	Introduced by Representatives McCoy of Poultney, Burditt of West Rutland, 2
8	8	Goslant of Northfield, Harvey of Castleton, Malay of Pittsford, 3
9	9	and Oliver of Sheldon 4
10	10	Referred to Committee on 5
11	11	Date: 6
12	12	Subject: Crimes and criminal procedure 7
13	13	Statement of purpose of bill as introduced: This bill proposes to provide 8
14	14	additional time for the administration of extradition warrants; to expedite the 9
15	15	extradition of persons who have broken the terms of bail, probation, parole, or 10
16	16	other release in another state; to prohibit a court from suspending the sentence 11
17	17	of a high-risk sex offender who has failed to comply with Sex Offender 12
18	18	Registry requirements; to restrict the use of alternative sentences for repeat 13
19	19	offenders or offenders who have violated the terms of probation or furlough 14
20	20	unless the court makes written findings on the record as to the compelling 15
21	21	reasons why the sentence will serve the interests of justice and protect the 16
22	22	public; to prohibit a court from reducing the sentence for a listed crime if the 17
23	23	defendant has a prior conviction for a listed crime; to outline the procedure to 18
24	24	revoke bail and define the term of “disrupts the prosecution” within one of the 19
25	25	statutory bases to revoke bail; to transition from a complex system of sealing 20
26	26	and expungement of certain criminal history records for which sentences have 21 BILL AS INTRODUCED H.411
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29	29
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31	31	been completed to one of sealing in most instances, with an expanded list of 1
32	32	qualifying crimes, and limited access to sealed records for certain entities that 2
33	33	require such records for criminal justice purposes and licensing; to amend the 3
34	34	statutory term of “recidivism” to adjust how recidivism is measured and create 4
35	35	new measures of criminal behavior; to increase the number of Big 14 offenses 5
36	36	that commence in the Criminal Division of the Superior Court rather than the 6
37	37	Family Division when committed by a juvenile; to repeal the Raise the Age 7
38	38	initiative for 19-year-old offenders; transfer jurisdiction over youthful offender 8
39	39	proceedings from the Family Division to the Criminal Division; and to repeal 9
40	40	prospective changes to law that would prohibit the use of Department of 10
41	41	Corrections’ facilities for lodging public inebriates. 11
42	42	An act relating to public safety 12
43	43	It is hereby enacted by the General Assembly of the State of Vermont: 13
44	44	* * * Extradition * * * 14
45	45	Sec. 1. 13 V.S.A. § 4955 is amended to read: 15
46	46	§ 4955. COMMITMENT TO AWAIT EXTRADITION; BAIL 16
47	47	If upon examination it appears that the person held is the person charged 17
48	48	with having committed the crime alleged and that the person probably 18
49	49	committed the crime, and, except in cases arising under section 4946 of this 19
50	50	title, that the person has fled from justice, the judge or magistrate shall commit 20 BILL AS INTRODUCED H.411
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53	53
54	54	VT LEG #380310 v.1
55	55	the person to jail by a warrant, reciting the accusation, for such a time, not 1
56	56	exceeding 30 120 days, to be specified in the warrant as will enable the arrest 2
57	57	of the accused to be made under a warrant of the Governor on a requisition of 3
58	58	the executive authority of the state having jurisdiction of the offense, unless the 4
59	59	accused give bail as provided in section 4956 of this title, or until the person 5
60	60	shall be legally discharged. On request of the state, the hearing may be 6
61	61	continued for up to three working business days, only for the purpose of 7
62	62	determining whether the person probably committed the crime. Findings under 8
63	63	this section may be based upon hearsay evidence or upon copies of affidavits, 9
64	64	whether certified or not, made outside this State. It shall be sufficient for a 10
65	65	finding that a person probably committed the crime that there is a current grand 11
66	66	jury indictment from another state. 12
67	67	Sec. 2. 13 V.S.A. § 4967 is amended to read: 13
68	68	§ 4967. WRITTEN WAIVER OF EXTRADITION PROCEEDINGS 14
69	69	(a) Any person arrested in this State charged with having committed any 15
70	70	crime in another state or alleged to have escaped from confinement, or broken 16
71	71	the terms of his or her bail, probation, or parole may waive the issuance and 17
72	72	service of the warrant provided for in sections 4947 and 4948 of this title and 18
73	73	all other procedure incidental to extradition proceedings, by executing or 19
74	74	subscribing in the presence of a judge of any court of record within this State a 20
75	75	writing that states that he or she the person consents to return to the demanding 21 BILL AS INTRODUCED H.411
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80	80	state; provided however, before such the waiver shall be is executed or 1
81	81	subscribed by such the person it shall be the duty of such, the judge to shall 2
82	82	inform such the person of his or her the rights right to the issuance and service 3
83	83	of a warrant of extradition and to obtain a writ of habeas corpus as provided for 4
84	84	in section 4950 of this title. 5
85	85	(b) If and when such consent has been duly executed, it shall forthwith be 6
86	86	forwarded to the office of the Governor of this State and filed therein. The 7
87	87	judge shall direct the officer having such person in custody to deliver forthwith 8
88	88	such person to the duly accredited agent or agents of the demanding state, and 9
89	89	shall deliver or cause to be delivered to such agent or agents a copy of such 10
90	90	consent; provided however, that nothing in this section shall be deemed to limit 11
91	91	the rights of the accused person to return voluntarily and without formality to 12
92	92	the demanding state, nor shall this waiver procedure be deemed to be an 13
93	93	exclusive procedure or to limit the powers, rights or duties of the officers of the 14
94	94	demanding state or of this State. 15
95	95	(c) Notwithstanding any other provision of law, a law enforcement agency 16
96	96	in this State holding a person who is alleged to have broken the terms of the 17
97	97	person’s probation, parole, bail, or any other release in the demanding state 18
98	98	shall immediately deliver that person to the duly authorized agent of the 19
99	99	demanding state without the requirement of a Governor’s warrant if all of the 20
100	100	following apply: 21 BILL AS INTRODUCED H.411
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105	105	(1) The person has signed a prior waiver of extradition as a term of the 1
106	106	person’s current probation, parole, bail, or other release in the demanding state. 2
107	107	(2) The law enforcement agency holding the person has received an 3
108	108	authenticated copy of the prior waiver of extradition signed by the person and 4
109	109	photographs or fingerprints or other evidence properly identifying the person 5
110	110	as the person who signed the waiver. 6
111	111	(3) Except as the State’s Attorney shall otherwise determine in the 7
112	112	interest of justice, all open criminal charges in this State have been disposed of 8
113	113	through trial and sentencing. 9
114	114	Sec. 3. 13 V.S.A. § 5043 is amended to read: 10
115	115	§ 5043. HEARING, COMMITMENT, DISCHARGE 11
116	116	(a) If an arrest is made in this State by an officer of another state in 12
117	117	accordance with the provisions of section 5042 of this title, he or she shall the 13
118	118	officer, without unnecessary delay, shall take the person arrested before a 14
119	119	Superior judge of the unit in which the arrest was made, who shall conduct a 15
120	120	hearing for the purpose of determining the lawfulness of the arrest. 16
121	121	(b) If the judge determines that the arrest was lawful, he or she the judge 17
122	122	shall commit the person arrested to await for a reasonable time the issuance 18
123	123	within 120 days of an extradition warrant by the Governor of this State or 19
124	124	admit such person to bail pending the issuance of such warrant. The judge 20
125	125	shall consider the issuance of a judicial warrant for the arrest of the person who 21 BILL AS INTRODUCED H.411
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130	130	has fled justice to Vermont from another state when determining the risk of 1
131	131	flight from prosecution. 2
132	132	(c) If the judge determines that the arrest was unlawful, he or she the judge 3
133	133	shall discharge the person arrested. 4
134	134	* * * Sentencing * * * 5
135	135	Sec. 4. 13 V.S.A. § 5411d is amended to read: 6
136	136	§ 5411d. DESIGNATION OF NONCOMPLIANT HIGH -RISK SEX 7
137	137	OFFENDER 8
138	138	* * * 9
139	139	(g)(1) A noncompliant high-risk sex offender who knowingly fails to 10
140	140	comply with any of the Registry requirements under this section shall be 11
141	141	imprisoned for not less than five years and a maximum term of life and, in 12
142	142	addition, may be fined not more than $50,000.00. A sentence may be 13
143	143	suspended in whole or in part, or the The person may be eligible for parole or 14
144	144	release on conditional reentry or furlough, provided the person is subject to 15
145	145	intensive supervision by the Department of Corrections. 16
146	146	(2) In a criminal proceeding for violating any of the Registry 17
147	147	requirements under this section, a defendant shall be prohibited from 18
148	148	challenging his or her the defendant’s status as a noncompliant high-risk sex 19
149	149	offender. 20 BILL AS INTRODUCED H.411
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154	154	Sec. 5. 13 V.S.A. § 7031 is amended to read: 1
155	155	§ 7031. FORM OF SENTENCES; MAXIMUM AND MINIMUM TERMS 2
156	156	(a) When a respondent is sentenced to any term of imprisonment, other 3
157	157	than for life, the court imposing the sentence shall not fix the term of 4
158	158	imprisonment, unless the term is definitely fixed by statute, but shall establish 5
159	159	a maximum and may establish a minimum term for which the respondent may 6
160	160	be held in imprisonment. The maximum term shall not be more than the 7
161	161	longest term fixed by law for the offense of which the respondent is convicted, 8
162	162	and the minimum term shall be not less than the shortest term fixed by law for 9
163	163	the offense. If the court suspends a portion of the sentence, the unsuspended 10
164	164	portion of the sentence shall be the minimum term of sentence solely for the 11
165	165	purpose of any reductions of term for good behavior as set forth in 28 V.S.A. 12
166	166	§ 811. A sentence shall not be considered fixed as long as the maximum and 13
167	167	minimum terms are not identical. 14
168	168	(b) The sentence of imprisonment of any person convicted of an offense 15
169	169	shall commence to run from the date on which the person is received at the 16
170	170	correctional facility for service of the sentence. The court shall give the person 17
171	171	credit toward service of his or her the person’s sentence for any days spent in 18
172	172	custody as follows: 19
173	173	(1) The period of credit for concurrent and consecutive sentences shall 20
174	174	include all days served from the date of arraignment or the date of the earliest 21 BILL AS INTRODUCED H.411
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179	179	detention for the offense, whichever occurs first, and end on the date of the 1
180	180	sentencing. Only a single credit shall be awarded in cases of consecutive 2
181	181	sentences, and no credit for one period of time shall be applied to a later 3
182	182	period. 4
183	183	(2) In sentencing a violation of probation, the court shall give the person 5
184	184	credit for any days spent in custody from the time the violation is filed or the 6
185	185	person is detained on the violation, whichever occurs first, until the violation is 7
186	186	sentenced. In a case in which probation is revoked and the person is ordered to 8
187	187	serve the underlying sentence, the person shall receive credit for all time 9
188	188	previously served in connection with the offense. 10
189	189	(3) A defendant who has received pre-adjudication treatment in a 11
190	190	residential setting for a substance use disorder after the charge has been filed 12
191	191	shall earn a reduction of one day in the offender’s minimum and maximum 13
192	192	sentence for each day that the offender receives the inpatient treatment. 14
193	193	(c) If any such person is committed to a jail or other place of detention to 15
194	194	await transportation to the place at which his or her the person’s sentence is to 16
195	195	be served, his or her the sentence shall commence to run from the date on 17
196	196	which he or she the person is received at the jail or the place of detention. 18
197	197	(d) A person who receives a zero minimum sentence for a conviction of a 19
198	198	nonviolent misdemeanor or nonviolent felony as defined in 28 V.S.A. § 301 20
199	199	shall report to probation and parole as directed by the court and begin to serve 21 BILL AS INTRODUCED H.411
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204	204	the sentence in the community immediately, unless the person is serving a 1
205	205	prior sentence at the time. 2
206	206	(e) For a conviction of a listed crime pursuant to 13 V.S.A. § 5301(7), a 3
207	207	court shall not order a sentence that is suspended, deferred, or served as a 4
208	208	supervised sentence if the person has a prior conviction for escape pursuant to 5
209	209	13 V.S.A. § 1501 or a felony listed crime unless the court makes findings on 6
210	210	the record that there are compelling reasons why such a sentence will serve the 7
211	211	interests of justice and protect the public. 8
212	212	(f) A court shall not suspend, in whole or in part, a sentence for a person 9
213	213	who has previously been found to have violated probation, been 10
214	214	unsatisfactorily discharged from probation, or had furlough revoked unless the 11
215	215	court makes findings on the record that there are compelling reasons why such 12
216	216	a sentence will serve the interests of justice and protect the public. 13
217	217	Sec. 6. 13 V.S.A. § 7042 is amended to read: 14
218	218	§ 7042. SENTENCE REVIEW 15
219	219	(a) Any court imposing a sentence under the authority of this title, within 16
220	220	90 days of the imposition of that sentence, or within 90 days after entry of any 17
221	221	order or judgment of the Supreme Court upholding a judgment of conviction, 18
222	222	may upon its own initiative or motion of the defendant, reduce the sentence. 19
223	223	(b) A State’s Attorney or the Attorney General, within seven business days 20
224	224	of the imposition of a sentence, may file with the sentencing judge a motion to 21 BILL AS INTRODUCED H.411
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227	227
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229	229	increase, reduce, or otherwise modify the sentence. This motion shall set forth 1
230	230	reasons why the sentence should be altered. After hearing, the court may 2
231	231	confirm, increase, reduce, or otherwise modify the sentence. 3
232	232	(c) After a motion is filed under subsection (b) of this section, a 4
233	233	defendant’s time for filing an appeal under 12 V.S.A. § 2383 shall commence 5
234	234	to run upon entry of a final order under subsection (b). 6
235	235	(d) A court shall not reduce the sentence for a conviction of a listed crime 7
236	236	as provided by 13 V.S.A. § 5301(7) if the defendant has a prior conviction for 8
237	237	a listed crime. 9
238	238	* * * Bail * * * 10
239	239	Sec. 7. BAIL REVOCATION; INTENT 11
240	240	It is the intent of the General Assembly that its bail revocation statute is 12
241	241	consistent with State v. Sauve, 159 Vt. 566 (1993); State v. Gates, 2016 VT 36; 13
242	242	and their progeny so that repeated failures to appear in court, repeated 14
243	243	violations of conditions of release, and other violations of court orders 15
244	244	constitute a compelling State interest that falls within the statutory definition of 16
245	245	“disrupts the prosecution.” 17
246	246	Sec. 8. 13 V.S.A. § 7575 is amended to read: 18
247	247	§ 7575. REVOCATION OF THE RIGHT TO BAIL 19
248	248	(a) The prosecutor, or the court on its own motion, may move to revoke 20
249	249	bail pursuant to this section. 21 BILL AS INTRODUCED H.411
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254	254	(b) The right to bail may be revoked entirely if the judicial officer finds that 1
255	255	the accused has: 2
256	256	(1) intimidated or harassed a victim, potential witness, juror, or judicial 3
257	257	officer in violation of a condition of release; or 4
258	258	(2) repeatedly violated conditions of release in a manner that impedes 5
259	259	disrupts the prosecution of the accused; or 6
260	260	(3) violated a condition or conditions of release that constitute a threat to 7
261	261	the integrity of the judicial system; or 8
262	262	(4) without just cause, failed to appear at a specified time and place 9
263	263	ordered by a judicial officer; or 10
264	264	(5) in violation of a condition of release, been charged with a felony or a 11
265	265	crime against a person or an offense similar to the underlying charge, for 12
266	266	which, after hearing, probable cause is found. 13
267	267	(c) If the court revokes bail, it shall order the defendant’s immediate arrest 14
268	268	without a warrant if the person is within the State and declare any bond 15
269	269	pledged by the defendant forfeited. 16
270	270	(d)(1) If a defendant’s bail is revoked, the court shall set the defendant’s 17
271	271	case for trial not more than 60 days from the date of revocation. 18
272	272	(2) If the trial is not commenced within 60 days after revocation and the 19
273	273	delay is not attributable to the defense, the court shall immediately schedule a 20
274	274	bail hearing for the defendant. 21 BILL AS INTRODUCED H.411
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279	279	Sec. 9. 13 V.S.A. § 7576 is amended to read: 1
280	280	§ 7576. DEFINITIONS 2
281	281	As used in this chapter: 3
282	282	* * * 4
283	283	(4) “Disrupt the prosecution” means, in addition to any other meaning 5
284	284	recognized by law, committing a criminal offense or violating a condition of 6
285	285	release by a defendant who has been released pending trial for another offense 7
286	286	and demonstrates that there is no condition or combination of conditions of 8
287	287	release that will reasonably mitigate the defendant’s risk of flight from 9
288	288	prosecution, reasonably mitigate the defendant’s risk to public safety, or 10
289	289	reasonably ensure the defendant’s compliance with court orders and 11
290	290	appearances. 12
291	291	(5) “Needs screening” means a preliminary systematic procedure to 13
292	292	evaluate the likelihood that an individual has a substance abuse or a mental 14
293	293	health condition. 15
294	294	(5)(6) “Risk assessment” means a pretrial assessment that is designed to 16
295	295	be predictive of a person’s failure to appear in court and risk of violating 17
296	296	pretrial conditions of release with a new alleged offense. 18
297	297	(6)(7) “Secured appearance bond” means a written agreement which that 19
298	298	allows a person charged with a criminal offense to be released if: 20 BILL AS INTRODUCED H.411
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303	303	(A) the person pledges to pay the court a specified amount in the 1
304	304	event that the person fails to appear at a court proceeding; and 2
305	305	(B) a portion of the bond is paid to the court prior to release. 3
306	306	(7)(8) “Surety” means: 4
307	307	(A) a person who agrees to be responsible for guaranteeing the 5
308	308	appearance in court of a person charged with a criminal offense; or 6
309	309	(B) a person who agrees to be responsible for guaranteeing that 7
310	310	another person complies with the conditions of a peace bond under section 8
311	311	7573 of this title. 9
312	312	(8)(9) “Surety bond” means a written agreement, in a form established 10
313	313	by the Court Administrator, under which a surety guarantees the appearance in 11
314	314	court of a person charged with a criminal offense, and pledges to pay the court 12
315	315	a specified amount if the person fails to appear. 13
316	316	(9)(10) “Flight from prosecution” means any action or behavior 14
317	317	undertaken by a person charged with a criminal offense to avoid court 15
318	318	proceedings. 16
319	319	* * * Criminal History Records * * * 17
320	320	Sec. 10. 13 V.S.A. chapter 230 is amended to read: 18
321	321	CHAPTER 230. EXPUNGEMENT AND SEALING OF CRIMINAL 19
322	322	HISTORY RECORDS 20 BILL AS INTRODUCED H.411
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327	327	§ 7601. DEFINITIONS 1
328	328	As used in this chapter: 2
329	329	(1) “Court” means the Criminal Division of the Superior Court. 3
330	330	(2) “Criminal history record” means all information documenting an 4
331	331	individual’s contact with the criminal justice system, including data regarding 5
332	332	identification, arrest or citation, arraignment, judicial disposition, custody, and 6
333	333	supervision. 7
334	334	(3) “Predicate offense” means a criminal offense that can be used to 8
335	335	enhance a sentence levied for a later conviction and includes operating a 9
336	336	vehicle under the influence of alcohol or other substance in violation of 10
337	337	23 V.S.A. § 1201, domestic assault in violation of section 1042 of this title, 11
338	338	and stalking in violation of section 1062 of this title. “Predicate offense” shall 12
339	339	not include misdemeanor possession of cannabis, a disorderly conduct offense 13
340	340	under section 1026 of this title, or possession of a controlled substance in 14
341	341	violation of 18 V.S.A. § 4230(a), 4231(a), 4232(a), 4233(a), 4234(a), 4234a(a), 15
342	342	4234b(a), 4235(b), or 4235a(a). [Repealed.] 16
343	343	(4) “Qualifying crime” means: 17
344	344	(A) a misdemeanor offense that is not: 18
345	345	(i) a listed crime as defined in subdivision 5301(7) of this title; 19
346	346	(ii) an offense involving sexual exploitation of children in 20
347	347	violation of chapter 64 of this title; 21 BILL AS INTRODUCED H.411
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350	350
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352	352	(iii) an offense involving violation of a protection order in 1
353	353	violation of section 1030 of this title; 2
354	354	(iv) prostitution as defined in section 2632 of this title, or 3
355	355	prohibited conduct under section 2601a of this title; or 4
356	356	(v) a predicate offense; 5
357	357	(B) a violation of subsection 3701(a) of this title related to criminal 6
358	358	mischief; 7
359	359	(C) a violation of section 2501 of this title related to grand larceny; 8
360	360	(D) a violation of section 1201 of this title related to burglary, 9
361	361	excluding any burglary into an occupied dwelling, as defined in subdivision 10
362	362	1201(b)(2) of this title; 11
363	363	(E) a violation of 18 V.S.A. § 4223 related to fraud or deceit; 12
364	364	(F) a violation of section 1802 of this title related to uttering a forged 13
365	365	or counterfeited instrument; 14
366	366	(G) a violation of 18 V.S.A. § 4230(a) related to possession and 15
367	367	cultivation of cannabis; 16
368	368	(H) a violation of 18 V.S.A. § 4231(a) related to possession of 17
369	369	cocaine; 18
370	370	(I) a violation of 18 V.S.A. § 4232(a) related to possession of LSD; 19
371	371	(J) a violation of 18 V.S.A. § 4233(a) related to possession of heroin; 20 BILL AS INTRODUCED H.411
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374	374
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376	376	(K) a violation of 18 V.S.A. § 4234(a) related to possession of 1
377	377	depressant, stimulant, and narcotic drugs; 2
378	378	(L) a violation of 18 V.S.A. § 4234a(a) related to possession of 3
379	379	methamphetamine; 4
380	380	(M) a violation of 18 V.S.A. § 4234b(a) related to possession of 5
381	381	ephedrine and pseudoephedrine; 6
382	382	(N) a violation of 18 V.S.A. § 4235(b) related to possession of 7
383	383	hallucinogenic drugs; 8
384	384	(O) a violation of 18 V.S.A. § 4235a(a) related to possession of 9
385	385	ecstasy; or 10
386	386	(P) any offense for which a person has been granted an unconditional 11
387	387	pardon from the Governor all misdemeanor offenses except: 12
388	388	(i) a listed crime as defined in subdivision 5301(7) of this title; 13
389	389	(ii) a violation of chapter 64 of this title related to sexual 14
390	390	exploitation of children; 15
391	391	(iii) a violation of section 1030 of this title related to a violation of 16
392	392	an abuse prevention order, an order against stalking or sexual assault, or a 17
393	393	protective order concerning contact with a child; 18
394	394	(iv) a violation of chapter 28 of this title related to abuse, neglect, 19
395	395	and exploitation of a vulnerable adult; 20 BILL AS INTRODUCED H.411
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398	398
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400	400	(v) a violation of subsection 2605(b) or (c) of this title related to 1
401	401	voyeurism; 2
402	402	(vi) a violation of subdivisions 352(1)–(10) of this title related to 3
403	403	cruelty to animals; 4
404	404	(vii) a violation of section 5409 of this title related to failure to 5
405	405	comply with sex offender registry requirements; 6
406	406	(viii) a violation of section 1455 of this title related to hate 7
407	407	motivated crimes; 8
408	408	(ix) a violation of subsection 1304(a) of this title related to cruelty 9
409	409	to a child; 10
410	410	(x) a violation of section 1305 of this title related to cruelty by 11
411	411	person having custody of another; 12
412	412	(xi) a violation of section 1306 of this title related to mistreatment 13
413	413	of persons with impaired cognitive function; 14
414	414	(xii) a violation of section 3151 of this title related to female 15
415	415	genital mutilation; 16
416	416	(xiii) a violation of subsection 3258(b) of this title related to 17
417	417	sexual exploitation of a minor; 18
418	418	(xiv) a violation of subdivision 4058(b)(1) of this title related to 19
419	419	violation of an extreme risk protection order; and 20 BILL AS INTRODUCED H.411
420	420	2025 Page 18 of 86
421	421
422	422
423	423	VT LEG #380310 v.1
424	424	(xv) an offense committed in a motor vehicle as defined in 1
425	425	23 V.S.A. § 4 by a person who is the holder of a commercial driver’s license or 2
426	426	commercial driver’s permit pursuant to 23 V.S.A. chapter 39; and 3
427	427	(B) the following felonies: 4
428	428	(i) a violation of section 1201 of this title related to burglary, 5
429	429	excluding any burglary into an occupied dwelling, unless the person was 6
430	430	25 years of age or younger at the time of the offense and did not carry a 7
431	431	dangerous or deadly weapon during the commission of the offense; 8
432	432	(ii) designated felony property offenses as defined in subdivision 9
433	433	(5) of this section; 10
434	434	(iii) offenses relating to possessing, cultivating, selling, 11
435	435	dispensing, or transporting regulated drugs, including violations of 18 V.S.A. 12
436	436	§ 4230(a) and (b), 4231(a) and (b), 4232(a) and (b), 4233(a) and (b), 4233a(a), 13
437	437	4234(a) and (b), 4234a(a) and (b), 4234b(a) and (b), 4235(b) and (c), or 14
438	438	4235a(a) and (b); and 15
439	439	(iv) any offense for which a person has been granted an 16
440	440	unconditional pardon from the Governor. 17
441	441	(5) “Designated felony property offense” means: 18
442	442	(A) a felony violation of 9 V.S.A. § 4043 related to fraudulent use of 19
443	443	a credit card; 20
444	444	(B) section 1801 of this title related to forgery and counterfeiting; 21 BILL AS INTRODUCED H.411
445	445	2025 Page 19 of 86
446	446
447	447
448	448	VT LEG #380310 v.1
449	449	(C) section 1802 of this title related to uttering a forged or 1
450	450	counterfeited instrument; 2
451	451	(D) section 1804 of this title related to counterfeiting paper money; 3
452	452	(E) section 1816 of this title related to possession or use of credit 4
453	453	card skimming devices; 5
454	454	(F) section 2001 of this title related to false personation; 6
455	455	(G) section 2002 of this title related to false pretenses or tokens; 7
456	456	(H) section 2029 of this title related to home improvement fraud; 8
457	457	(I) section 2030 of this title related to identity theft; 9
458	458	(J) section 2501 of this title related to grand larceny; 10
459	459	(K) section 2531 of this title related to embezzlement; 11
460	460	(L) section 2532 of this title related to embezzlement by officers or 12
461	461	servants of an incorporated bank; 13
462	462	(M) section 2533 of this title related to embezzlement by a receiver 14
463	463	or trustee; 15
464	464	(N) section 2561 of this title related to receiving stolen property; 16
465	465	(O) section 2575 of this title related to retail theft; 17
466	466	(P) section 2582 of this title related to theft of services; 18
467	467	(Q) section 2591 of this title related to theft of rented property; 19
468	468	(R) section 2592 of this title related to failure to return a rented or 20
469	469	leased motor vehicle; 21 BILL AS INTRODUCED H.411
470	470	2025 Page 20 of 86
471	471
472	472
473	473	VT LEG #380310 v.1
474	474	(S) section 3016 of this title related to false claims; 1
475	475	(T) section 3701 of this title related to unlawful mischief; 2
476	476	(U) section 3705 of this title related to unlawful trespass; 3
477	477	(V) section 3733 of this title related to mills, dams, or bridges; 4
478	478	(W) section 3761 of this title related to unauthorized removal of 5
479	479	human remains; 6
480	480	(X) section 3766 of this title related to grave markers and ornaments; 7
481	481	(Y) chapter 87 of this title related to computer crimes; and 8
482	482	(Z) 18 V.S.A. § 4223 related to fraud or deceit in obtaining a 9
483	483	regulated drug. 10
484	484	§ 7602. EXPUNGEMENT AND SEALING OF RECORD, 11
485	485	POSTCONVICTION; PROCEDURE 12
486	486	(a)(1) A person may file a petition with the court requesting expungement 13
487	487	or sealing of the criminal history record related to the conviction if: 14
488	488	(A) the person was convicted of a qualifying crime or qualifying 15
489	489	crimes arising out of the same incident or occurrence; 16
490	490	(B) the person was convicted of an offense for which the underlying 17
491	491	conduct is no longer prohibited by law or designated as a criminal offense; 18
492	492	(C) pursuant to the conditions set forth in subsection (g) of this 19
493	493	section, the person was convicted of a violation of 23 V.S.A. § 1201(a) or 20
494	494	§ 1091 related to operating under the influence of alcohol or other substance, 21 BILL AS INTRODUCED H.411
495	495	2025 Page 21 of 86
496	496
497	497
498	498	VT LEG #380310 v.1
499	499	excluding a violation of those sections resulting in serious bodily injury or 1
500	500	death to any person other than the operator, or related to operating a school bus 2
501	501	with a blood alcohol concentration of 0.02 or more or operating a commercial 3
502	502	vehicle with a blood alcohol concentration of 0.04 or more; or 4
503	503	(D) pursuant to the conditions set forth in subsection (h) of this 5
504	504	section, the person was convicted under 1201(c)(3)(A) of a violation of 6
505	505	subdivision 1201(a) of this title related to burglary when the person was 7
506	506	25 years of age or younger, and the person did not carry a dangerous or deadly 8
507	507	weapon during commission of the offense. 9
508	508	(2) The State’s Attorney or Attorney General shall be the respondent in 10
509	509	the matter. 11
510	510	(3) The court shall grant the petition without hearing if the petitioner 12
511	511	and the respondent stipulate to the granting of the petition. The respondent 13
512	512	shall file the stipulation with the court, and the court shall issue the petitioner 14
513	513	an order of expungement and provide notice of the order in accordance with 15
514	514	this section. 16
515	515	(4) This section shall not apply to an individual licensed as a 17
516	516	commercial driver pursuant to 23 V.S.A. chapter 39 seeking to seal or expunge 18
517	517	a record of a conviction for a felony offense committed in a motor vehicle as 19
518	518	defined in 23 V.S.A. § 4. 20 BILL AS INTRODUCED H.411
519	519	2025 Page 22 of 86
520	520
521	521
522	522	VT LEG #380310 v.1
523	523	(b)(1) The court shall grant the petition and order that the criminal history 1
524	524	record be expunged pursuant to section 7606 of this title if the following 2
525	525	conditions are met: 3
526	526	(A) At least five years have elapsed since the date on which the 4
527	527	person successfully completed the terms and conditions of the sentence for the 5
528	528	conviction, or if the person has successfully completed the terms and 6
529	529	conditions of an indeterminate term of probation that commenced at least five 7
530	530	years previously. 8
531	531	(B) The person has not been convicted of a crime arising out of a new 9
532	532	incident or occurrence since the person was convicted for the qualifying crime. 10
533	533	(C) Any restitution and surcharges ordered by the court have been 11
534	534	paid in full, provided that payment of surcharges shall not be required if the 12
535	535	surcharges have been waived by the court pursuant to section 7282 of this title. 13
536	536	(D) The court finds that expungement of the criminal history record 14
537	537	serves the interests of justice. 15
538	538	(2) The court shall grant the petition and order that all or part of the 16
539	539	criminal history record be sealed pursuant to section 7607 of this title if the 17
540	540	conditions of subdivisions (1)(A), (B), and (C) of this subsection are met and 18
541	541	the court finds that: 19
542	542	(A) sealing the criminal history record better serves the interests of 20
543	543	justice than expungement; and 21 BILL AS INTRODUCED H.411
544	544	2025 Page 23 of 86
545	545
546	546
547	547	VT LEG #380310 v.1
548	548	(B) the person committed the qualifying crime after reaching 19 1
549	549	years of age. 2
550	550	(c)(1) The court shall grant the petition and order that the criminal history 3
551	551	record be expunged pursuant to section 7606 of this title if the following 4
552	552	conditions are met: 5
553	553	(A) At least 10 years have elapsed since the date on which the person 6
554	554	successfully completed the terms and conditions of the sentence for the 7
555	555	conviction. 8
556	556	(B) The person has not been convicted of a felony arising out of a 9
557	557	new incident or occurrence in the last seven years. 10
558	558	(C) The person has not been convicted of a misdemeanor during the 11
559	559	past five years. 12
560	560	(D) Any restitution and surcharges ordered by the court for any crime 13
561	561	of which the person has been convicted has been paid in full, provided that 14
562	562	payment of surcharges shall not be required if the surcharges have been waived 15
563	563	by the court pursuant to section 7282 of this title. 16
564	564	(E) After considering the particular nature of any subsequent offense, 17
565	565	the court finds that expungement of the criminal history record for the 18
566	566	qualifying crime serves the interests of justice. 19
567	567	(2) The court shall grant the petition and order that all or part of the 20
568	568	criminal history record be sealed pursuant to section 7607 of this title if the 21 BILL AS INTRODUCED H.411
569	569	2025 Page 24 of 86
570	570
571	571
572	572	VT LEG #380310 v.1
573	573	conditions of subdivisions (1)(A), (B), (C), and (D) of this subsection are met 1
574	574	and the court finds that: 2
575	575	(A) sealing the criminal history record better serves the interests of 3
576	576	justice than expungement; and 4
577	577	(B) the person committed the qualifying crime after reaching 19 5
578	578	years of age. 6
579	579	(d) For petitions filed pursuant to subdivision (a)(1)(B) of this section, 7
580	580	unless the court finds that expungement would not be in the interests of justice, 8
581	581	the court shall grant the petition and order that the criminal history record be 9
582	582	expunged in accordance with section 7606 of this title if the following 10
583	583	conditions are met: 11
584	584	(1) The petitioner has completed any sentence or supervision for the 12
585	585	offense. 13
586	586	(2) Any restitution and surcharges ordered by the court have been paid 14
587	587	in full, provided that payment of surcharges shall not be required if the 15
588	588	surcharges have been waived by the court pursuant to section 7282 of this title. 16
589	589	(e) For petitions filed pursuant to subdivision (a)(1)(B) of this section for a 17
590	590	conviction for possession of a regulated drug under 18 V.S.A. chapter 84, 18
591	591	subchapter 1 in an amount that is no longer prohibited by law or for which 19
592	592	criminal sanctions have been removed: 20 BILL AS INTRODUCED H.411
593	593	2025 Page 25 of 86
594	594
595	595
596	596	VT LEG #380310 v.1
597	597	(1) The petitioner shall bear the burden of establishing that his or her 1
598	598	conviction was based on possessing an amount of regulated drug that is no 2
599	599	longer prohibited by law or for which criminal sanctions have been removed. 3
600	600	(2) There shall be a rebuttable presumption that the amount of the 4
601	601	regulated drug specified in the affidavit of probable cause associated with the 5
602	602	petitioner’s conviction was the amount possessed by the petitioner. 6
603	603	(f) Prior to granting an expungement or sealing under this section for 7
604	604	petitions filed pursuant to subdivision 7601(4)(D) of this title, the court shall 8
605	605	make a finding that the conduct underlying the conviction under section 1201 9
606	606	of this title did not constitute a burglary into an occupied dwelling, as defined 10
607	607	in subdivision 1201(b)(2) of this title. The petitioner shall bear the burden of 11
608	608	establishing this fact. 12
609	609	(g) For petitions filed pursuant to subdivision (a)(1)(C) of this section, only 13
610	610	petitions to seal may be considered or granted by the court. This subsection 14
611	611	shall not apply to an individual licensed as a commercial driver pursuant to 15
612	612	23 V.S.A. chapter 39. Unless the court finds that sealing would not be in the 16
613	613	interests of justice, the court shall grant the petition and order that the criminal 17
614	614	history record be sealed in accordance with section 7607 of this title if the 18
615	615	following conditions are met: 19
616	616	(1) At least 10 years have elapsed since the date on which the person 20
617	617	successfully completed the terms and conditions of the sentence for the 21 BILL AS INTRODUCED H.411
618	618	2025 Page 26 of 86
619	619
620	620
621	621	VT LEG #380310 v.1
622	622	conviction, or if the person has successfully completed the terms and 1
623	623	conditions of an indeterminate term of probation that commenced at least 2
624	624	10 years previously. 3
625	625	(2) At the time of the filing of the petition: 4
626	626	(A) the person has only one conviction of a violation of 23 V.S.A. 5
627	627	§ 1201, which shall be construed in accordance with 23 V.S.A. § 1211; and 6
628	628	(B) the person has not been convicted of a crime arising out of a new 7
629	629	incident or occurrence since the person was convicted of a violation of 8
630	630	23 V.S.A. § 1201(a). 9
631	631	(3) Any restitution ordered by the court has been paid in full. 10
632	632	(4) The court finds that sealing of the criminal history record serves the 11
633	633	interests of justice. 12
634	634	(h) For petitions filed pursuant to subdivision (a)(1)(D) of this section, 13
635	635	unless the court finds that expungement or sealing would not be in the interests 14
636	636	of justice, the court shall grant the petition and order that the criminal history 15
637	637	record be expunged or sealed in accordance with section 7606 or 7607 of this 16
638	638	title if the following conditions are met: 17
639	639	(1) At least 15 years have elapsed since the date on which the person 18
640	640	successfully completed the terms and conditions of the sentence for the 19
641	641	conviction, or the person has successfully completed the terms and conditions 20 BILL AS INTRODUCED H.411
642	642	2025 Page 27 of 86
643	643
644	644
645	645	VT LEG #380310 v.1
646	646	of an indeterminate term of probation that commenced at least 15 years 1
647	647	previously. 2
648	648	(2) The person has not been convicted of a crime arising out of a new 3
649	649	incident or occurrence since the person was convicted of a violation of 4
650	650	subdivision 1201(c)(3)(A) of this title. 5
651	651	(3) Any restitution ordered by the court has been paid in full. 6
652	652	(4) The court finds that expungement or sealing of the criminal history 7
653	653	record serves the interests of justice. Petition. 8
654	654	(1) A person may file a petition with the court requesting sealing of a 9
655	655	criminal history record related to a conviction under the following 10
656	656	circumstances: 11
657	657	(A) The person was convicted of an offense for which the underlying 12
658	658	conduct is no longer prohibited by law or designated as a criminal offense. 13
659	659	(B) The person was convicted of a qualifying crime or qualifying 14
660	660	crimes arising out of the same incident or occurrence. 15
661	661	(2) Whichever office prosecuted the offense resulting in the conviction, 16
662	662	the State’s Attorney or Attorney General, shall be the respondent in the matter 17
663	663	unless the prosecuting office authorizes the other to act as the respondent. 18
664	664	(3) The court shall grant the petition without hearing if the petitioner 19
665	665	and the respondent stipulate to the granting of the petition. The respondent 20
666	666	shall file the stipulation with the court, and the court shall issue the petitioner 21 BILL AS INTRODUCED H.411
667	667	2025 Page 28 of 86
668	668
669	669
670	670	VT LEG #380310 v.1
671	671	an order of sealing and provide notice of the order in accordance with this 1
672	672	section. 2
673	673	(4) This section shall not apply to an individual who is the holder of a 3
674	674	commercial driver’s license or commercial driver’s permit pursuant to 4
675	675	23 V.S.A. chapter 39 seeking to seal a record of a conviction for a 5
676	676	misdemeanor or felony offense committed in a motor vehicle as defined in 6
677	677	23 V.S.A. § 4. 7
678	678	(b) Offenses that are no longer prohibited by law. For petitions filed 8
679	679	pursuant to subdivision (a)(1)(A) of this section, the court shall grant the 9
680	680	petition and order that the criminal history record be sealed if the following 10
681	681	conditions are met: 11
682	682	(1) The petitioner has completed any sentence or supervision for the 12
683	683	offense. 13
684	684	(2) Any restitution and surcharges ordered by the court have been paid 14
685	685	in full, provided that payment of surcharges shall not be required if the 15
686	686	surcharges have been waived by the court pursuant to section 7282 of this title. 16
687	687	(c) Qualifying misdemeanors. For petitions filed to seal a qualifying 17
688	688	misdemeanor pursuant to subdivision (a)(1)(B) of this section, the court shall 18
689	689	grant the petition and order that the criminal history record be sealed if the 19
690	690	following conditions are met: 20 BILL AS INTRODUCED H.411
691	691	2025 Page 29 of 86
692	692
693	693
694	694	VT LEG #380310 v.1
695	695	(1) At least three years have elapsed since the date on which the person 1
696	696	completed the terms and conditions of the sentence. 2
697	697	(2) Any restitution and surcharges ordered by the court for any crime of 3
698	698	which the person has been convicted has been paid in full, provided that 4
699	699	payment of surcharges shall not be required if the surcharges have been waived 5
700	700	by the court pursuant to section 7282 of this title. 6
701	701	(3) The person does not have a pending criminal charge. 7
702	702	(4) The respondent has failed to show that sealing would be contrary to 8
703	703	the interest of justice. 9
704	704	(d) Qualifying felony offenses. For petitions filed to seal a qualifying 10
705	705	felony pursuant to subdivision (a)(1)(B) of this section, the court shall grant the 11
706	706	petition and order that the criminal history record be sealed if the following 12
707	707	conditions are met: 13
708	708	(1) At least seven years have elapsed since the date on which the person 14
709	709	completed the terms and conditions of the sentence. 15
710	710	(2) Any restitution and surcharges ordered by the court for any crime of 16
711	711	which the person has been convicted has been paid in full, provided that 17
712	712	payment of surcharges shall not be required if the surcharges have been waived 18
713	713	by the court pursuant to section 7282 of this title. 19
714	714	(3) The person does not have a pending criminal charge. 20 BILL AS INTRODUCED H.411
715	715	2025 Page 30 of 86
716	716
717	717
718	718	VT LEG #380310 v.1
719	719	(4) The respondent has failed to show that sealing would be contrary to 1
720	720	the interest of justice. 2
721	721	(e) Qualifying DUI misdemeanor. For petitions filed to seal a qualifying 3
722	722	DUI misdemeanor pursuant to subdivision (a)(1)(B) of this section, the court 4
723	723	shall grant the petition and order that the criminal history record be sealed if 5
724	724	the following conditions are met: 6
725	725	(1) At least 10 years have elapsed since the date on which the person 7
726	726	completed the terms and conditions of the sentence. 8
727	727	(2) Any restitution and surcharges ordered by the court for any crime of 9
728	728	which the person has been convicted has been paid in full, provided that 10
729	729	payment of surcharges shall not be required if the surcharges have been waived 11
730	730	by the court pursuant to section 7282 of this title. 12
731	731	(3) The person does not have a pending criminal charge. 13
732	732	(4) The person is not the holder of a commercial driver’s license or 14
733	733	commercial driver’s permit pursuant to 23 V.S.A. chapter 39. 15
734	734	(5) The respondent has failed to show that sealing would be contrary to 16
735	735	the interest of justice. 17
736	736	(f) Fish and wildlife offenses. Sealing a criminal history record related to a 18
737	737	fish and wildlife offense shall not void any fish and wildlife license suspension 19
738	738	or revocation imposed pursuant to the accumulation of points related to the 20
739	739	sealed offense. Points accumulated by a person shall remain on the person’s 21 BILL AS INTRODUCED H.411
740	740	2025 Page 31 of 86
741	741
742	742
743	743	VT LEG #380310 v.1
744	744	license and, if applicable, completion of the remedial course shall be required, 1
745	745	as set forth in 10 V.S.A. § 4502. 2
746	746	§ 7603. EXPUNGEMENT AND SEALING OF RECORD, NO 3
747	747	CONVICTION; PROCEDURE 4
748	748	(a) Unless either party objects in the interests of justice, the court shall 5
749	749	issue an order sealing the criminal history record related to the citation or arrest 6
750	750	of a person: 7
751	751	(1) within 60 days after the final disposition of the case if: 8
752	752	(A) the court does not make a determination of probable cause at the 9
753	753	time of arraignment; or 10
754	754	(B) the charge is dismissed before trial with or without prejudice; or 11
755	755	(C) the defendant is acquitted of the charges; or 12
756	756	(2) at any time if the prosecuting attorney and the defendant stipulate 13
757	757	that the court may grant the petition to seal the record. 14
758	758	(b) If a party objects to sealing or expunging a record pursuant to this 15
759	759	section, the court shall schedule a hearing to determine if sealing or expunging 16
760	760	the record serves the interests of justice. The defendant and the prosecuting 17
761	761	attorney shall be the only parties in the matter. 18
762	762	(c), (d) [Repealed.] 19 BILL AS INTRODUCED H.411
763	763	2025 Page 32 of 86
764	764
765	765
766	766	VT LEG #380310 v.1
767	767	(e) Unless either party objects in the interests of justice, the court shall 1
768	768	issue an order expunging a criminal history record related to the citation or 2
769	769	arrest of a person: 3
770	770	(1) within 60 days after the final disposition of the case if: 4
771	771	(A) the defendant is acquitted of the charges; or 5
772	772	(B) the charge is dismissed with prejudice; 6
773	773	(2) at any time if the prosecuting attorney and the defendant stipulate 7
774	774	that the court may grant the petition to expunge the record. [Repealed.] 8
775	775	(f) Unless either party objects in the interests of justice, the court shall issue 9
776	776	an order to expunge a record sealed pursuant to subsection (a) or (g) of this 10
777	777	section eight years after the date on which the record was sealed. [Repealed.] 11
778	778	(g) A person may file a petition with the court requesting sealing or 12
779	779	expungement of a criminal history record related to the citation or arrest of the 13
780	780	person at any time. The court shall grant the petition and issue an order sealing 14
781	781	or expunging the record if it finds that sealing or expunging the record serves 15
782	782	the interests of justice, or if the parties stipulate to sealing or expungement of 16
783	783	the record. 17
784	784	(h) The court may expunge any records that were sealed pursuant to this 18
785	785	section prior to July 1, 2018 unless the State’s Attorney’s office that 19
786	786	prosecuted the case objects. Thirty days prior to expunging a record pursuant 20
787	787	to this subsection, the court shall provide to the State’s Attorney’s office that 21 BILL AS INTRODUCED H.411
788	788	2025 Page 33 of 86
789	789
790	790
791	791	VT LEG #380310 v.1
792	792	prosecuted the case written notice of its intent to expunge the record. 1
793	793	[Repealed.] 2
794	794	§ 7604. NEW CHARGE 3
795	795	If a person is charged with a criminal offense after he or she has filed a 4
796	796	petition for expungement pursuant to this chapter, the court shall not act on the 5
797	797	petition until disposition of the new charge. [Repealed.] 6
798	798	§ 7605. DENIAL OF PETITION 7
799	799	If a petition for expungement or sealing is denied by the court pursuant to 8
800	800	this chapter, no further petition shall be brought for at least two years, unless a 9
801	801	shorter duration is authorized by the court. 10
802	802	§ 7606. EFFECT OF EXPUNGEMENT 11
803	803	(a) Order and notice. Upon finding that the requirements for expungement 12
804	804	have been met, the court shall issue an order that shall include provisions that 13
805	805	its effect is to annul the record of the arrest, conviction, and sentence and that 14
806	806	such person shall be treated in all respects as if the person had never been 15
807	807	arrested, convicted, or sentenced for the offense. The court shall provide 16
808	808	notice of the expungement to the respondent, Vermont Crime Information 17
809	809	Center (VCIC), the arresting agency, the Restitution Unit of the Vermont 18
810	810	Center for Crime Victim Services, and any other entity that may have a record 19
811	811	related to the order to expunge. The VCIC shall provide notice of the 20 BILL AS INTRODUCED H.411
812	812	2025 Page 34 of 86
813	813
814	814
815	815	VT LEG #380310 v.1
816	816	expungement to the Federal Bureau of Investigation’s National Crime 1
817	817	Information Center. 2
818	818	(b) Effect. 3
819	819	(1) Upon entry of an expungement order, the order shall be legally 4
820	820	effective immediately and the person whose record is expunged shall be treated 5
821	821	in all respects as if he or she had never been arrested, convicted, or sentenced 6
822	822	for the offense. 7
823	823	(2) In any application for employment, license, or civil right or privilege 8
824	824	or in an appearance as a witness in any proceeding or hearing, a person may be 9
825	825	required to answer questions about a previous criminal history record only with 10
826	826	respect to arrests or convictions that have not been expunged. 11
827	827	(3) The response to an inquiry from any person regarding an expunged 12
828	828	record shall be that “NO CRIMINAL RECORD EXISTS.” 13
829	829	(4) Nothing in this section shall affect any right of the person whose 14
830	830	record has been expunged to rely on it as a bar to any subsequent proceedings 15
831	831	for the same offense. 16
832	832	(c) Process. 17
833	833	(1) The court shall remove the expunged offense from any accessible 18
834	834	database that it maintains. 19
835	835	(2) Until all charges on a docket are expunged, the case file shall remain 20
836	836	publicly accessible. 21 BILL AS INTRODUCED H.411
837	837	2025 Page 35 of 86
838	838
839	839
840	840	VT LEG #380310 v.1
841	841	(3) When all charges on a docket have been expunged, the case file shall 1
842	842	be destroyed pursuant to policies established by the Court Administrator. 2
843	843	(d) Special index. 3
844	844	(1) The court shall keep a special index of cases that have been 4
845	845	expunged together with the expungement order. The index shall list only the 5
846	846	name of the person convicted of the offense, his or her date of birth, the docket 6
847	847	number, and the criminal offense that was the subject of the expungement. 7
848	848	(2) The special index and related documents specified in subdivision (1) 8
849	849	of this subsection shall be confidential and shall be physically and 9
850	850	electronically segregated in a manner that ensures confidentiality and that 10
851	851	limits access to authorized persons. 11
852	852	(3) Inspection of the expungement order may be permitted only upon 12
853	853	petition by the person who is the subject of the case. The Chief Superior Judge 13
854	854	may permit special access to the index and the documents for research 14
855	855	purposes pursuant to the rules for public access to court records. 15
856	856	(4) [Repealed]. 16
857	857	(5) The Court Administrator shall establish policies for implementing 17
858	858	this subsection. [Repealed.] 18
859	859	§ 7607. EFFECT OF SEALING 19
860	860	(a) Order and notice. Upon entry of an order to seal, the order shall be 20
861	861	legally effective immediately and the person whose record is sealed shall be 21 BILL AS INTRODUCED H.411
862	862	2025 Page 36 of 86
863	863
864	864
865	865	VT LEG #380310 v.1
866	866	treated in all respects as if the person had never been arrested, convicted, or 1
867	867	sentenced for the offense and that its effect is to annul the record of arrest, 2
868	868	conviction, and sentence. The court shall provide notice of the sealing to the 3
869	869	respondent, Vermont Crime Information Center (VCIC), the arresting agency, 4
870	870	the Restitution Unit of the Vermont Center for Crime Victim Services, and any 5
871	871	other entity that may have a record related to the order to seal send a copy of 6
872	872	any order sealing a criminal history record to all of the parties and attorneys 7
873	873	representing the parties, including to the prosecuting agency that prosecuted 8
874	874	the offense, the Vermont Crime Information Center (VCIC), the arresting 9
875	875	agency, and any other entity that may have a record subject to the sealing 10
876	876	order. VCIC shall provide notice of the sealing order to the Federal Bureau of 11
877	877	Investigation’s National Crime Information Center. The VCIC shall provide 12
878	878	notice of the sealing to the Federal Bureau of Investigation’s National Crime 13
879	879	Information Center. 14
880	880	(b) Effect. 15
881	881	(1) Except as provided in subdivision subsection (c) of this section, 16
882	882	upon entry of a sealing order, the order shall be legally effective immediately 17
883	883	and the person whose record is sealed shall be treated in all respects as if he or 18
884	884	she the person had never been arrested, convicted, or sentenced for the offense. 19
885	885	(2) In any application for employment, license, or civil right or privilege 20
886	886	or in an appearance as a witness in any proceeding or hearing, a person may be 21 BILL AS INTRODUCED H.411
887	887	2025 Page 37 of 86
888	888
889	889
890	890	VT LEG #380310 v.1
891	891	required to answer questions about a previous criminal history record only with 1
892	892	respect to arrests or convictions that have not been sealed. 2
893	893	(3) The response to an inquiry from any member of the public regarding 3
894	894	a sealed record shall be that “NO CRIMINAL RECORD EXISTS.” 4
895	895	(4) Nothing in this section shall affect any right of the person whose 5
896	896	record has been sealed to rely on it as a bar to any subsequent proceeding for 6
897	897	the same offense. 7
898	898	(c) Exceptions. A party seeking to use a sealed criminal history record in a 8
899	899	court proceeding shall, prior to any use of the record in open court or in a 9
900	900	public filing, notify the court of the party’s intent to do so. The court shall 10
901	901	thereafter determine whether the record may be used prior its disclosure in the 11
902	902	proceeding. This shall not apply to the use of a sealed record pursuant to 12
903	903	subdivision (2), (3), (4), or (7) of this subsection. Use of a sealed document 13
904	904	pursuant to an exception shall not change the effect of sealing under subsection 14
905	905	(b) of this section. Notwithstanding any other provision of law or a sealing 15
906	906	order, entities may access and use sealed records in the following 16
907	907	circumstances, and the sealed record shall remain otherwise confidential: 17
908	908	(1) An entity or person that possesses a sealed record may continue to 18
909	909	use it for any litigation or claim arising out of the same incident or occurrence 19
910	910	or involving the same defendant. 20 BILL AS INTRODUCED H.411
911	911	2025 Page 38 of 86
912	912
913	913
914	914	VT LEG #380310 v.1
915	915	(2) A criminal justice agency as defined in 20 V.S.A. § 2056a and the 1
916	916	Attorney General may use the criminal history record sealed in accordance 2
917	917	with section 7602 or 7603 of this title without limitation for criminal justice 3
918	918	purposes as defined in 20 V.S.A. § 2056a. 4
919	919	(3) A sealed record of a prior violation of 23 V.S.A. § 1201(a) shall be 5
920	920	admissible as a predicate offense for the purpose of imposing an enhanced 6
921	921	penalty for a subsequent violation of that section, in accordance with the 7
922	922	provisions of 23 V.S.A. § 1210. 8
923	923	(4) A person or a court in possession of an order issued by a court 9
924	924	regarding a matter that was subsequently sealed may file or cite to that decision 10
925	925	in any subsequent proceeding. The party or court filing or citing to that 11
926	926	decision shall ensure that information regarding the identity of the defendant in 12
927	927	the sealed record is redacted. 13
928	928	(5) The Vermont Crime Information Center and Criminal Justice 14
929	929	Information Services Division of the Federal Bureau of Investigations shall 15
930	930	have access to sealed criminal history records without limitation for the 16
931	931	purpose of responding to queries to the National Instant Criminal Background 17
932	932	Check System regarding firearms transfers and attempted transfers. 18
933	933	(6) The State’s Attorney and Attorney General may disclose information 19
934	934	contained in a sealed criminal history record when required to meet their 20
935	935	otherwise legally required discovery obligations. 21 BILL AS INTRODUCED H.411
936	936	2025 Page 39 of 86
937	937
938	938
939	939	VT LEG #380310 v.1
940	940	(7) The person whose criminal history records have been sealed 1
941	941	pursuant to this chapter and the person’s attorney may access and use the 2
942	942	sealed records in perpetuity and shall not be subject to the 10-year limitation. 3
943	943	(8) A law enforcement agency may inspect and receive copies of the 4
944	944	sealed criminal history records of any applicant who applies to the agency to 5
945	945	be a law enforcement officer or a current employee for the purpose of internal 6
946	946	investigation. 7
947	947	(9) Persons or entities conducting research shall have access to a sealed 8
948	948	criminal history record to carry out research pursuant to 20 V.S.A. § 2056b in 9
949	949	perpetuity and shall not be subject to the 10-year limitation. 10
950	950	(10) Upon adopting rules outlining a process for handling sealed records 11
951	951	and maintaining confidentiality and the standards for determining when 12
952	952	information contained in a sealed record may be used for the purpose of 13
953	953	licensing decisions, the Vermont Criminal Justice Council may inspect and 14
954	954	receive copies of sealed criminal history records. Access to such records shall 15
955	955	not be permitted if the Legislative Committee on Administrative Rules objects 16
956	956	to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files the objection 17
957	957	or objections in certified form pursuant to 3 V.S.A. § 842(c). Sealed records 18
958	958	shall remain confidential and not be available for inspection and copying 19
959	959	unless and until the Council relies on such records in a public licensing 20
960	960	decision. 21 BILL AS INTRODUCED H.411
961	961	2025 Page 40 of 86
962	962
963	963
964	964	VT LEG #380310 v.1
965	965	(11) Upon adopting rules outlining a process for handling sealed records 1
966	966	and maintaining confidentiality and the standards for determining when 2
967	967	information contained in a sealed record may be used for the purpose of 3
968	968	licensing decisions, the Vermont Office of Professional Regulation may 4
969	969	inspect and receive copies of sealed criminal history records. Access to such 5
970	970	records shall not be permitted if the Legislative Committee on Administrative 6
971	971	Rules objects to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files 7
972	972	the objection or objections in certified form pursuant to 3 V.S.A. § 842(c). 8
973	973	Sealed records shall remain confidential and not be available for inspection and 9
974	974	copying unless and until the Office relies on such records in a public licensing 10
975	975	decision. 11
976	976	(12) Upon adopting rules outlining a process for handling sealed records 12
977	977	and maintaining confidentiality and the standards for determining when 13
978	978	information contained in a sealed record may be used for the purpose of 14
979	979	licensing decisions, the Vermont Board of Medical Practice may inspect and 15
980	980	receive copies of sealed criminal history records. Access to such records shall 16
981	981	not be permitted if the Legislative Committee on Administrative Rules objects 17
982	982	to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files the objection 18
983	983	or objections in certified form pursuant to 3 V.S.A. § 842(c). Sealed records 19
984	984	shall remain confidential and not be available for inspection and copying 20
985	985	unless and until the Board relies on such records in a public licensing decision. 21 BILL AS INTRODUCED H.411
986	986	2025 Page 41 of 86
987	987
988	988
989	989	VT LEG #380310 v.1
990	990	(d) Process. 1
991	991	(1) The court shall bar viewing of the sealed offense in any accessible 2
992	992	database that it maintains. 3
993	993	(2) Until all charges on a docket have been sealed, the case file shall 4
994	994	remain publicly accessible. 5
995	995	(3) When all charges on a docket have been sealed, the case file shall 6
996	996	become exempt from public access. 7
997	997	(4) When a sealing order is issued by the court, any person or entity, 8
998	998	except the court, that possesses criminal history records shall: 9
999	999	(A) bar viewing of the sealed offense in any accessible database that 10
1000	1000	it maintains or remove information pertaining to the sealed records from any 11
1001	1001	publicly accessible database that the person or entity maintains; and 12
1002	1002	(B) clearly label the criminal history record as “SEALED” to ensure 13
1003	1003	compliance with this section. 14
1004	1004	(e) Special index. 15
1005	1005	(1) The court shall keep a special index of cases that have been sealed 16
1006	1006	together with the sealing order. The index shall list only the name of the 17
1007	1007	person convicted of the offense, his or her the person’s date of birth, the docket 18
1008	1008	number, and the criminal offense that was the subject of the sealing. 19
1009	1009	(2) The special index and related documents specified in subdivision (1) 20
1010	1010	of this subsection shall be confidential and shall be physically and 21 BILL AS INTRODUCED H.411
1011	1011	2025 Page 42 of 86
1012	1012
1013	1013
1014	1014	VT LEG #380310 v.1
1015	1015	electronically segregated in a manner that ensures confidentiality and that 1
1016	1016	limits access to authorized persons. 2
1017	1017	(3) Except as provided in subsection (c) of this section, inspection of the 3
1018	1018	sealing order may be permitted only upon petition by the person who is the 4
1019	1019	subject of the case. The Chief Superior Judge may permit special access to the 5
1020	1020	index and the documents for research purposes pursuant to the rules for public 6
1021	1021	access to court records. 7
1022	1022	(4) The Court Administrator shall establish policies for implementing 8
1023	1023	this subsection. [Repealed.] 9
1024	1024	(f) Victims Compensation Program. Upon request, the Victim’s Victims 10
1025	1025	Compensation Program shall be provided with a copy, redacted of all 11
1026	1026	information identifying the offender, of the affidavit for the sole purpose of 12
1027	1027	verifying the expenses in a victim’s compensation application submitted 13
1028	1028	pursuant to section 5353 of this title. 14
1029	1029	(g) Restitution. The sealing of a criminal record shall not affect the 15
1030	1030	authority of the Restitution Unit to enforce a restitution order in the same 16
1031	1031	manner as a civil judgment pursuant to subdivision 5362(c)(2) of this title. 17
1032	1032	§ 7608. VICTIMS 18
1033	1033	(a) At the time a petition is filed pursuant to this chapter, the respondent 19
1034	1034	shall give notice of the petition to any victim of the offense who is known to 20
1035	1035	the respondent. The victim shall have the right to offer the respondent a 21 BILL AS INTRODUCED H.411
1036	1036	2025 Page 43 of 86
1037	1037
1038	1038
1039	1039	VT LEG #380310 v.1
1040	1040	statement prior to any stipulation or to offer the court a statement. The 1
1041	1041	disposition of the petition shall not be unnecessarily delayed pending receipt of 2
1042	1042	a victim’s statement. The respondent’s inability to locate a victim after a 3
1043	1043	reasonable effort has been made shall not be a bar to granting a petition. 4
1044	1044	(b) As used in this section, “reasonable effort” means attempting to contact 5
1045	1045	the victim by first-class mail at the victim’s last known address and, by 6
1046	1046	telephone at the victim’s last known phone number, and by email at the 7
1047	1047	victim’s last known email address. 8
1048	1048	§ 7609. EXPUNGEMENT SEALING OF CRIMINAL HISTORY RECORDS 9
1049	1049	OF AN INDIVIDUAL 18–21 YEARS OF AGE 10
1050	1050	(a) Procedure. Except as provided in subsection (b) of this section, the 11
1051	1051	record of the criminal proceedings for an individual who was 18–21 years of 12
1052	1052	age at the time the individual committed a qualifying crime shall be expunged 13
1053	1053	sealed within 30 days after the date on which the individual successfully 14
1054	1054	completed the terms and conditions of the sentence for the conviction of the 15
1055	1055	qualifying crime, absent a finding of good cause by the court. The court shall 16
1056	1056	issue an order to expunge seal all records and files related to the arrest, 17
1057	1057	citation, investigation, charge, adjudication of guilt, criminal proceedings, and 18
1058	1058	probation related to the sentence. A copy of the order shall be sent to each 19
1059	1059	agency, department, or official named in the order. Thereafter, the court, law 20
1060	1060	enforcement officers, agencies, and departments shall reply to any request for 21 BILL AS INTRODUCED H.411
1061	1061	2025 Page 44 of 86
1062	1062
1063	1063
1064	1064	VT LEG #380310 v.1
1065	1065	information that no record exists with respect to such individual. 1
1066	1066	Notwithstanding this subsection, the record shall not be expunged sealed until 2
1067	1067	restitution and surcharges have been paid in full, provided that payment of 3
1068	1068	surcharges shall not be required if the surcharges have been waived by the 4
1069	1069	court pursuant to section 7282 of this title. 5
1070	1070	(b) Exceptions. 6
1071	1071	(1) A criminal record that includes both qualifying and nonqualifying 7
1072	1072	offenses shall not be eligible for expungement sealing pursuant to this section. 8
1073	1073	(2) The Vermont Crime Information Center shall retain a special index 9
1074	1074	of sentences for sex offenses that require registration pursuant to chapter 167, 10
1075	1075	subchapter 3 of this title. This index shall only list the name and date of birth 11
1076	1076	of the subject of the expunged sealed files and records, the offense for which 12
1077	1077	the subject was convicted, and the docket number of the proceeding that was 13
1078	1078	the subject of the expungement sealing. The special index shall be confidential 14
1079	1079	and shall be accessed only by the Director of the Vermont Crime Information 15
1080	1080	Center and an individual designated for the purpose of providing information 16
1081	1081	to the Department of Corrections in the preparation of a presentence 17
1082	1082	investigation in accordance with 28 V.S.A. §§ 204 and 204a. 18
1083	1083	(c) Petitions. An individual who was 18–21 years of age at the time the 19
1084	1084	individual committed a qualifying crime may file a petition with the court 20
1085	1085	requesting expungement sealing of the criminal history record related to the 21 BILL AS INTRODUCED H.411
1086	1086	2025 Page 45 of 86
1087	1087
1088	1088
1089	1089	VT LEG #380310 v.1
1090	1090	qualifying crime after 30 days have elapsed since the individual completed the 1
1091	1091	terms and conditions for the sentence for the qualifying crime. The court shall 2
1092	1092	grant the petition and issue an order sealing or expunging the record if it finds 3
1093	1093	that sealing or expunging the record serves the interests of justice. 4
1094	1094	§ 7610. CRIMINAL HISTORY RECORD SEALING SPECIAL FUND 5
1095	1095	There is established the Criminal History Record Sealing Special Fund, 6
1096	1096	which shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. 7
1097	1097	Fees collected pursuant to 32 V.S.A. § 1431(e) for the filing of a petition to 8
1098	1098	seal a criminal history record of a violation of 23 V.S.A. § 1201(a) shall be 9
1099	1099	deposited into and credited to this Fund. This Fund shall be available to the 10
1100	1100	Office of the Court Administrator, the Department of State’s Attorneys and 11
1101	1101	Sheriffs, the Department of Motor Vehicles, and the Vermont Crime 12
1102	1102	Information Center to offset the administrative costs of sealing such records. 13
1103	1103	Balances in the Fund at the end of the fiscal year shall be carried forward and 14
1104	1104	remain in the Fund. 15
1105	1105	§ 7611. UNAUTHORIZED DISCLOSURE 16
1106	1106	A State or municipal employee or contractor or any agent of the court, 17
1107	1107	including an attorney and an employee or contractor of the attorney, who 18
1108	1108	knowingly accesses or discloses sealed criminal history record information 19
1109	1109	without authorization shall be assessed a civil penalty of not more than 20 BILL AS INTRODUCED H.411
1110	1110	2025 Page 46 of 86
1111	1111
1112	1112
1113	1113	VT LEG #380310 v.1
1114	1114	$1,000.00. Each unauthorized disclosure shall constitute a separate civil 1
1115	1115	violation. 2
1116	1116	Sec. 11. 13 V.S.A. § 7041 is amended to read: 3
1117	1117	§ 7041. DEFERRED SENTENCE 4
1118	1118	(a) Upon an adjudication of guilt and after the filing of a presentence 5
1119	1119	investigation report, the court may defer sentencing and place the respondent 6
1120	1120	on probation upon such terms and conditions as it may require if a written 7
1121	1121	agreement concerning the deferring of sentence is entered into between the 8
1122	1122	State’s Attorney and the respondent and filed with the clerk of the court. 9
1123	1123	(b) Notwithstanding subsection (a) of this section, the court may defer 10
1124	1124	sentencing and place the respondent on probation without a written agreement 11
1125	1125	between the State’s Attorney and the respondent if the following conditions are 12
1126	1126	met: 13
1127	1127	(1) [Repealed.] 14
1128	1128	(2) the crime for which the respondent is being sentenced is not a listed 15
1129	1129	crime as defined in subdivision 5301(7) of this title; 16
1130	1130	(3) the court orders a presentence investigation in accordance with the 17
1131	1131	procedures set forth in V.R.C.P. Rule 32, unless the State’s Attorney agrees to 18
1132	1132	waive the presentence investigation; 19
1133	1133	(4) the court permits the victim to submit a written or oral statement 20
1134	1134	concerning the consideration of deferment of sentence; 21 BILL AS INTRODUCED H.411
1135	1135	2025 Page 47 of 86
1136	1136
1137	1137
1138	1138	VT LEG #380310 v.1
1139	1139	(5) the court reviews the presentence investigation and the victim’s 1
1140	1140	impact statement with the parties; and 2
1141	1141	(6) the court determines that deferring sentence is in the interests of 3
1142	1142	justice. 4
1143	1143	(c) Notwithstanding subsections (a) and (b) of this section, the court may 5
1144	1144	not defer a sentence for a violation of section 3253a (aggravated sexual assault 6
1145	1145	of a child), section 2602 (lewd and lascivious conduct with a child unless the 7
1146	1146	victim and the defendant were within five years of age and the act was 8
1147	1147	consensual), 3252(c) (sexual assault of a child under 16 years of age unless the 9
1148	1148	victim and the defendant were within five years of age and the act was 10
1149	1149	consensual), 3252(d) or (e) (sexual assault of a child), 3253(a)(8) (aggravated 11
1150	1150	sexual assault), or 3253a (aggravated sexual assault of a child) of this title, or 12
1151	1151	for violation of a listed crime as provided in subdivision 5301 if the defendant 13
1152	1152	has a prior conviction for a listed crime. 14
1153	1153	(d) Entry of deferment of sentence shall constitute an appealable judgment 15
1154	1154	for purposes of appeal in accordance with 12 V.S.A. § 2383 and V.R.A.P. 16
1155	1155	Rule 3. Except as otherwise provided, entry of deferment of sentence shall 17
1156	1156	constitute imposition of sentence solely for the purpose of sentence review in 18
1157	1157	accordance with section 7042 of this title. The court may impose sentence at 19
1158	1158	any time if the respondent violates the conditions of the deferred sentence 20
1159	1159	during the period of deferment. 21 BILL AS INTRODUCED H.411
1160	1160	2025 Page 48 of 86
1161	1161
1162	1162
1163	1163	VT LEG #380310 v.1
1164	1164	(e) Upon violation of the terms of probation or of the deferred sentence 1
1165	1165	agreement, the court shall impose sentence. Upon fulfillment of the terms of 2
1166	1166	probation and of the deferred sentence agreement, the court shall strike the 3
1167	1167	adjudication of guilt and discharge the respondent. Except as provided in 4
1168	1168	subsection (h) of this section, the record of the criminal proceedings shall be 5
1169	1169	expunged sealed upon the discharge of the respondent from probation, absent a 6
1170	1170	finding of good cause by the court. The court shall issue an order to expunge 7
1171	1171	seal all records and files related to the arrest, citation, investigation, charge, 8
1172	1172	adjudication of guilt, criminal proceedings, and probation related to the 9
1173	1173	deferred sentence. Copies of the order shall be sent to each agency, 10
1174	1174	department, or official named therein. Thereafter, the court, law enforcement 11
1175	1175	officers, agencies, and departments shall reply to any request for information 12
1176	1176	that no record exists with respect to such person upon inquiry in the matter. 13
1177	1177	Notwithstanding this subsection, the record shall not be expunged sealed until 14
1178	1178	restitution has been paid in full. 15
1179	1179	(f) A deferred sentence imposed under subsection (a) or (b) of this section 16
1180	1180	may include a restitution order issued pursuant to section 7043 of this title. 17
1181	1181	Nonpayment of restitution shall not constitute grounds for imposition of the 18
1182	1182	underlying sentence. 19 BILL AS INTRODUCED H.411
1183	1183	2025 Page 49 of 86
1184	1184
1185	1185
1186	1186	VT LEG #380310 v.1
1187	1187	(g) [Repealed.] 1
1188	1188	(h) The Vermont Crime Information Center shall retain a special index of 2
1189	1189	deferred sentences for sex offenses that require registration pursuant to 3
1190	1190	subchapter 3 of chapter 167 of this title. This index shall only list the name 4
1191	1191	and date of birth of the subject of the expunged sealed files and records, the 5
1192	1192	offense for which the subject was convicted, and the docket number of the 6
1193	1193	proceeding that was the subject of the expungement sealing. The special index 7
1194	1194	shall be confidential and may be accessed only by the director of the Vermont 8
1195	1195	Crime Information Center and a designated clerical staffperson for the purpose 9
1196	1196	of providing information to the Department of Corrections in the preparation of 10
1197	1197	a presentence investigation in accordance with 28 V.S.A. §§ 204 and 204a. 11
1198	1198	Sec. 12. 24 V.S.A. § 2002 is added to read: 12
1199	1199	§ 2002. EXPUNGEMENT OF MUNICIPAL VIOLATION RECORDS 13
1200	1200	(a) Expungement. Two years following the satisfaction of a judgment 14
1201	1201	resulting from an adjudication of a municipal violation, the Judicial Bureau 15
1202	1202	shall make an entry of “expunged” and notify the municipality of such action, 16
1203	1203	provided the person has not been adjudicated for any subsequent municipal 17
1204	1204	violations during that time. The data transfer to the municipality shall include 18
1205	1205	the name, date of birth, ticket number, and offense. Violations of offenses 19
1206	1206	adopted pursuant to chapter 117 of this title shall not be eligible for 20
1207	1207	expungement under this section. 21 BILL AS INTRODUCED H.411
1208	1208	2025 Page 50 of 86
1209	1209
1210	1210
1211	1211	VT LEG #380310 v.1
1212	1212	(b) Effect of expungement. 1
1213	1213	(1) Upon entry of an expungement order, the order shall be legally 2
1214	1214	effective immediately and the individual whose record is expunged shall be 3
1215	1215	treated in all respects as if the individual had never been adjudicated of the 4
1216	1216	violation. 5
1217	1217	(2) Upon an entry of expunged, the case will be accessible only by the 6
1218	1218	Clerk of the Court for the Judicial Bureau or the Clerk’s designee. 7
1219	1219	Adjudications that have been expunged shall not appear in the results of any 8
1220	1220	Judicial Bureau database search by name, date of birth, or any other data 9
1221	1221	identifying the defendant. Except as provided in subsection (c) of this section, 10
1222	1222	any documents or other records related to an expunged adjudication that are 11
1223	1223	maintained outside the Judicial Bureau’s case management system shall be 12
1224	1224	destroyed. 13
1225	1225	(3) Upon receiving an inquiry from any person regarding an expunged 14
1226	1226	record, the Judicial Bureau and the municipality shall respond that “NO 15
1227	1227	RECORD EXISTS.” 16
1228	1228	(c) Exception for research entities. Research entities that maintain 17
1229	1229	adjudication records for purposes of collecting, analyzing, and disseminating 18
1230	1230	criminal justice data shall not be subject to the expungement requirements 19
1231	1231	established in this section. Research entities shall abide by the policies 20 BILL AS INTRODUCED H.411
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1233	1233
1234	1234
1235	1235	VT LEG #380310 v.1
1236	1236	established by the Court Administrator and shall not disclose any identifying 1
1237	1237	information from the records they maintain. 2
1238	1238	(d) Policies for implementation. The Court Administrator shall establish 3
1239	1239	policies for implementing this section. 4
1240	1240	(e) Application. This section shall apply to municipal violations that occur 5
1241	1241	on and after July 1, 2025. 6
1242	1242	Sec. 13. 23 V.S.A. § 2303 is amended to read: 7
1243	1243	§ 2303. EXPUNGEMENT OF VIOLATION RECORDS 8
1244	1244	* * * 9
1245	1245	(e) Application. This section shall apply to motor vehicle violations that 10
1246	1246	occur on and after July 1, 2021. 11
1247	1247	* * * Recidivism * * * 12
1248	1248	Sec. 14. FINDINGS AND INTENT 13
1249	1249	(a) Findings. The General Assembly finds: 14
1250	1250	(1) The State’s current definition of recidivism is based upon offenders 15
1251	1251	who are sentenced to more than one year of incarceration and who, after 16
1252	1252	release, return to an incarcerative setting within three years, but only after 17
1253	1253	conviction of a new offense or a violation of Department of Corrections’ 18
1254	1254	supervision and the new sentence for the violation is not fewer than 90 days. 19
1255	1255	(2) The vast majority of misdemeanor crimes have maximum terms of 20
1256	1256	imprisonment of not more than six months. 21 BILL AS INTRODUCED H.411
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1258	1258
1259	1259
1260	1260	VT LEG #380310 v.1
1261	1261	(3) Few, if any, misdemeanor sentences are served in a Department of 1
1262	1262	Corrections’ facility. 2
1263	1263	(4) Under current law, a person could commit 10 instances of retail theft 3
1264	1264	within a calendar year, be convicted of each separate offense and sentenced to 4
1265	1265	probation or incarcerative sentences of a few days for each offense, and the 5
1266	1266	behavior would not constitute recidivism. 6
1267	1267	(b) Intent. It is the intent of the General Assembly that: 7
1268	1268	(1) the definition of recidivism more accurately reflect new convictions, 8
1269	1269	returns to incarceration, and probation violations and revocations; and 9
1270	1270	(2) the State establish a statutory measure of violent crime recidivism 10
1271	1271	and of individual success. 11
1272	1272	Sec. 15. 28 V.S.A. § 3 is amended to read: 12
1273	1273	§ 3. GENERAL DEFINITIONS 13
1274	1274	As used in this title: 14
1275	1275	(1) “Child” means any person: 15
1276	1276	(A) charged with having committed a delinquent act as defined in 16
1277	1277	33 V.S.A. § 5102 or adjudicated a delinquent and committed to the custody of 17
1278	1278	the Commissioner; or 18
1279	1279	(B) charged with being or adjudicated unmanageable as defined by 19
1280	1280	33 V.S.A. § 5102(3)(C) and (D), and committed to the custody of the 20 BILL AS INTRODUCED H.411
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1282	1282
1283	1283
1284	1284	VT LEG #380310 v.1
1285	1285	Commissioner for Children and Families and subsequently transferred to the 1
1286	1286	custody of the Commissioner. 2
1287	1287	(C) [Repealed.] 3
1288	1288	(2) “Commissioner” means the Commissioner of Corrections. 4
1289	1289	(3) “Correctional facility” or “facility” means any building, enclosure, 5
1290	1290	space, or structure of or supported by the Department and used for the 6
1291	1291	confinement of persons committed to the custody of the Commissioner, or for 7
1292	1292	any other matter related to such confinement. 8
1293	1293	(4) “Department” means the Department of Corrections. 9
1294	1294	(5) “Desistance” means the process by which criminality, or the 10
1295	1295	individual risk for antisocial conduct, declines over the life-course of the 11
1296	1296	individual, generally after adolescence. 12
1297	1297	(6) “Inmate” means any person, not a child, committed to the custody of 13
1298	1298	the Commissioner pursuant to the law of the State and subsequently committed 14
1299	1299	to a correctional facility and any person confined at a correctional facility 15
1300	1300	during the pendency of a prosecution against him or her the person. 16
1301	1301	(6)(7) “Law” includes the laws and ordinances of the State, its political 17
1302	1302	subdivisions, and municipalities. 18
1303	1303	(7)(8) “Law enforcement officer” means a State Police officer, a sheriff, 19
1304	1304	a deputy sheriff, a municipal police officer, a constable, the Commissioner, or 20
1305	1305	a member of the Department of Corrections when appointed in writing by the 21 BILL AS INTRODUCED H.411
1306	1306	2025 Page 54 of 86
1307	1307
1308	1308
1309	1309	VT LEG #380310 v.1
1310	1310	Commissioner and when his or her the appointment is filed in the Office of the 1
1311	1311	Secretary of State. The Commissioner or such member shall have the same 2
1312	1312	powers as a sheriff. 3
1313	1313	(9) “Listed crime” has the same definition as in 13 V.S.A. § 5301(7). 4
1314	1314	(8)(10) “Offender” means any person convicted of a crime or offense 5
1315	1315	under the laws of this State, and, for purposes of work crew community 6
1316	1316	restitution, a person found in civil contempt under 15 V.S.A. § 603. 7
1317	1317	(9)(11) “Supervising officer” means the highest administrative officer in 8
1318	1318	charge of any correctional facility. 9
1319	1319	(10)(12) “Correctional officer” means any person who is an employee of 10
1320	1320	the Department of Corrections whose official duties or job classification 11
1321	1321	includes the supervision or monitoring of a person on parole, probation, or 12
1322	1322	serving any sentence of incarceration whether inside or outside a correctional 13
1323	1323	facility, and who has received training, as approved by the Commissioner of 14
1324	1324	Corrections, as provided in section 551a of this title. 15
1325	1325	(13) “Recidivism” means an individual’s relapse into committing a 16
1326	1326	criminal offense after receiving criminal sanctions for a previous crime. 17
1327	1327	(14) “Repeat violent offender” means an individual who commits 18
1328	1328	repeated criminal offenses for which the offense is against another individual 19
1329	1329	and is considered significant and violent. 20 BILL AS INTRODUCED H.411
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1331	1331
1332	1332
1333	1333	VT LEG #380310 v.1
1334	1334	(11)(15) “Restorative justice program” means a program developed and 1
1335	1335	implemented by the Commissioner, consistent with State policy and legislative 2
1336	1336	intent as provided by section 2a of this title. 3
1337	1337	(12)(16) Despite other names this concept has been given in the past or 4
1338	1338	may be given in the future, “segregation” means a form of separation from the 5
1339	1339	general population that may or may not include placement in a single-6
1340	1340	occupancy cell and that is used for disciplinary, administrative, or other 7
1341	1341	reasons, but shall not mean confinement to an infirmary or a residential 8
1342	1342	treatment setting for purposes of evaluation, treatment, or provision of 9
1343	1343	services. 10
1344	1344	Sec. 16. 28 V.S.A. § 4 is amended to read: 11
1345	1345	§ 4. STANDARD MEASURE AND CLASSIFICATIONS OF RECIDIVISM; 12
1346	1346	DESISTANCE; REPEAT VIOLENT OFFENDERS 13
1347	1347	(a) Recidivism. The Department shall calculate the rate of recidivism 14
1348	1348	based upon offenders individuals who are sentenced to more than one year of 15
1349	1349	incarceration who, after release from incarceration, return to prison within 16
1350	1350	three years for a conviction for a new offense or a violation of supervision 17
1351	1351	resulting, and the new incarceration sentence or time served on the violation is 18
1352	1352	at least 90 days convicted of a criminal offense and meet one of the following 19
1353	1353	classifications: 20 BILL AS INTRODUCED H.411
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1355	1355
1356	1356
1357	1357	VT LEG #380310 v.1
1358	1358	(1) Class one recidivism. Less than two years elapse from the time of 1
1359	1359	sentencing before the individual is convicted of a new offense. 2
1360	1360	(2) Class two recidivism. Less than five years elapse from the time of 3
1361	1361	sentencing before the individual is convicted of a new offense. 4
1362	1362	(3) Class three recidivism. Less than 10 years elapse from the time of 5
1363	1363	sentencing before the individual is convicted of a new offense. 6
1364	1364	(b) Desistance. The Department shall calculate and classify the rate of 7
1365	1365	desistance based upon individuals who are convicted of a criminal offense and 8
1366	1366	meet one of the following classifications: 9
1367	1367	(1) Class one desistance. Less than 12 months elapse from the time of 10
1368	1368	sentencing before a judicial officer finds probable cause for a new offense. 11
1369	1369	(2) Class two desistance. Less than two years elapse from the time of 12
1370	1370	sentencing before a judicial officer finds probable cause for a new offense. 13
1371	1371	(3) Class three desistance. Less than five years elapse from the time of 14
1372	1372	sentencing before a judicial officer finds probable cause for a new offense. 15
1373	1373	(c) Repeat violent offenders. The Department shall calculate the rate of 16
1374	1374	repeat violent offenders based upon individuals who are convicted of a 17
1375	1375	criminal offense and meet one of the following classifications: 18
1376	1376	(1) Class one repeat violence. Less than two years elapse from the time 19
1377	1377	of sentencing before the individual is convicted of a listed offense. 20 BILL AS INTRODUCED H.411
1378	1378	2025 Page 57 of 86
1379	1379
1380	1380
1381	1381	VT LEG #380310 v.1
1382	1382	(2) Class two repeat violence. Less than five years elapse from the time 1
1383	1383	of sentencing before the individual is convicted of a listed offense. 2
1384	1384	(3) Class three repeat violence. Less than 10 years elapse from the time 3
1385	1385	of sentencing before the individual is convicted of a listed offense. 4
1386	1386	Sec. 17. 28 V.S.A. § 125(b) is amended to read: 5
1387	1387	(b) Definitions. As used in this section: 6
1388	1388	* * * 7
1389	1389	(3) “Desistance” means the process by which criminality, or the 8
1390	1390	individual risk for antisocial conduct, declines over the life-course of the 9
1391	1391	individual, generally after adolescence has the same meaning as in subsection 10
1392	1392	4(b) of this title. 11
1393	1393	* * * 12
1394	1394	(5) “Recidivism” has the same meaning as in section 4 3 of this title. 13
1395	1395	* * * Big 14 Juvenile Offenses * * * 14
1396	1396	Sec. 18. 33 V.S.A. § 5201 is amended to read: 15
1397	1397	§ 5201. COMMENCEMENT OF DELINQUENCY PROCEEDINGS 16
1398	1398	* * * 17
1399	1399	(c)(1) Any proceeding concerning a child who is alleged to have committed 18
1400	1400	an act specified in subsection 5204(a) of this title after attaining 14 years of 19
1401	1401	age, but not 22 years of age, shall originate in the Criminal Division of the 20
1402	1402	Superior Court, provided that jurisdiction may be transferred in accordance 21 BILL AS INTRODUCED H.411
1403	1403	2025 Page 58 of 86
1404	1404
1405	1405
1406	1406	VT LEG #380310 v.1
1407	1407	with this chapter and chapter 52A of this title, unless the State’s Attorney files 1
1408	1408	the charge directly as a youthful offender petition in the Family Division. 2
1409	1409	(2)(A) Any proceeding concerning a child who is alleged to have 3
1410	1410	committed one of the following acts after attaining 14 years of age, but not 22 4
1411	1411	years of age, shall originate in the Criminal Division of the Superior Court, 5
1412	1412	provided that jurisdiction may be transferred in accordance with this chapter 6
1413	1413	and chapter 52A of this title, unless the State’s Attorney files the charge 7
1414	1414	directly as a youthful offender petition in the Family Division: 8
1415	1415	(i) a violation of a condition of release as defined in 13 V.S.A. 9
1416	1416	§ 7559 imposed by the Criminal Division for any of the offenses listed in 10
1417	1417	subsection 5204(a) of this title; or 11
1418	1418	(ii) a violation of a condition of release as defined in 13 V.S.A. 12
1419	1419	§ 7559 imposed by the Criminal Division for an offense that was transferred 13
1420	1420	from the Family Division pursuant to section 5204 of this title. 14
1421	1421	(B) This subdivision (2) shall not apply to a proceeding that is the 15
1422	1422	subject of a final order accepting the case for youthful offender treatment 16
1423	1423	pursuant to subsection 5281(d) (c) of this title. 17
1424	1424	(3) Any proceeding concerning a child who is alleged to have committed 18
1425	1425	one of the following acts after attaining 16 years of age, but not 22 years of 19
1426	1426	age, shall originate in the Criminal Division of the Superior Court, provided 20
1427	1427	that jurisdiction may be transferred in accordance with this chapter and chapter 21 BILL AS INTRODUCED H.411
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1429	1429
1430	1430
1431	1431	VT LEG #380310 v.1
1432	1432	52A of this title, unless the State’s Attorney files the charge directly as a 1
1433	1433	youthful offender petition in the Family Division: 2
1434	1434	(A) using a firearm while committing a felony in violation of 13 3
1435	1435	V.S.A. § 4005, or an attempt to commit that offense; 4
1436	1436	(B) trafficking a regulated drug in violation of 18 V.S.A. chapter 84, 5
1437	1437	subchapter 1, or an attempt to commit that offense; or 6
1438	1438	(C) aggravated stalking as defined in 13 V.S.A. § 1063(a)(3), or an 7
1439	1439	attempt to commit that offense. 8
1440	1440	(d) Any proceeding concerning a child who is alleged to have committed 9
1441	1441	any offense other than those specified in subsection 5204(a) of this title or 10
1442	1442	subdivision (c)(2) or (3) of this section before attaining 19 years of age shall 11
1443	1443	originate in the Family Division of the Superior Court, provided that 12
1444	1444	jurisdiction may be transferred in accordance with this chapter. 13
1445	1445	* * * 14
1446	1446	Sec. 19. 33 V.S.A. § 5203 is amended to read: 15
1447	1447	§ 5203. TRANSFER FROM OTHER COURTS 16
1448	1448	(a) If it appears to a Criminal Division of the Superior Court that the 17
1449	1449	defendant was under 19 years of age at the time the offense charged was 18
1450	1450	alleged to have been committed and the offense charged is an offense not 19
1451	1451	specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this title, 20
1452	1452	that court shall forthwith transfer the proceeding to the Family Division of the 21 BILL AS INTRODUCED H.411
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1454	1454
1455	1455
1456	1456	VT LEG #380310 v.1
1457	1457	Superior Court under the authority of this chapter, and the minor shall then be 1
1458	1458	considered to be subject to this chapter as a child charged with a delinquent 2
1459	1459	act. 3
1460	1460	(b) If it appears to a Criminal Division of the Superior Court that the 4
1461	1461	defendant had attained 14 years of age but not 18 years of age at the time an 5
1462	1462	offense specified in subsection 5204(a) or subdivision 5201(c)(2) or (3) of this 6
1463	1463	title was alleged to have been committed, that court may forthwith transfer the 7
1464	1464	proceeding to the Family Division of the Superior Court under the authority of 8
1465	1465	this chapter, and the minor shall then be considered to be subject to this chapter 9
1466	1466	as a child charged with a delinquent act. 10
1467	1467	(c) If it appears to the State’s Attorney that the defendant was under 19 11
1468	1468	years of age at the time the felony offense charged was alleged to have been 12
1469	1469	committed and the felony charged is not an offense specified in subsection 13
1470	1470	5204(a) or subdivision 5201(c)(2) or (3) of this title, the State’s Attorney shall 14
1471	1471	file charges in the Family Division of the Superior Court, pursuant to section 15
1472	1472	5201 of this title. The Family Division may transfer the proceeding to the 16
1473	1473	Criminal Division pursuant to section 5204 of this title. 17
1474	1474	* * * 18 BILL AS INTRODUCED H.411
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1476	1476
1477	1477
1478	1478	VT LEG #380310 v.1
1479	1479	Sec. 20. 33 V.S.A. § 5204 is amended to read: 1
1480	1480	§ 5204. TRANSFER FROM FAMILY DIVISION OF THE SUPERIOR 2
1481	1481	COURT 3
1482	1482	(a) After a petition has been filed alleging delinquency, upon motion of the 4
1483	1483	State’s Attorney and after hearing, the Family Division of the Superior Court 5
1484	1484	may transfer jurisdiction of the proceeding to the Criminal Division of the 6
1485	1485	Superior Court if the child had attained 16 years of age but not 19 years of age 7
1486	1486	at the time the act was alleged to have occurred and the delinquent act set forth 8
1487	1487	in the petition is a felony not specified in subdivisions (1)–(11)(30) of this 9
1488	1488	subsection or if the child had attained 12 years of age but not 14 years of age at 10
1489	1489	the time the act was alleged to have occurred, and if the delinquent act set forth 11
1490	1490	in the petition was any of the following: 12
1491	1491	(1) arson causing death as defined in 13 V.S.A. § 501 or an attempt to 13
1492	1492	commit that offense; 14
1493	1493	(2) assault and robbery with a dangerous weapon as defined in 13 15
1494	1494	V.S.A. § 608(b) or an attempt to commit that offense; 16
1495	1495	(3) assault and robbery causing bodily injury as defined in 13 V.S.A. 17
1496	1496	§ 608(c) or an attempt to commit that offense; 18
1497	1497	(4) aggravated assault as defined in 13 V.S.A. § 1024 or an attempt to 19
1498	1498	commit that offense; 20 BILL AS INTRODUCED H.411
1499	1499	2025 Page 62 of 86
1500	1500
1501	1501
1502	1502	VT LEG #380310 v.1
1503	1503	(5) murder as defined in 13 V.S.A. § 2301 and aggravated murder as 1
1504	1504	defined in 13 V.S.A. § 2311 or an attempt to commit either of those offenses; 2
1505	1505	(6) manslaughter as defined in 13 V.S.A. § 2304 or an attempt to 3
1506	1506	commit that offense; 4
1507	1507	(7) kidnapping as defined in 13 V.S.A. § 2405 or an attempt to commit 5
1508	1508	that offense; 6
1509	1509	(8) unlawful restraint as defined in 13 V.S.A. § 2406 or 2407 or an 7
1510	1510	attempt to commit that offense; 8
1511	1511	(9) maiming as defined in 13 V.S.A. § 2701 or an attempt to commit 9
1512	1512	that offense; 10
1513	1513	(10) sexual assault as defined in 13 V.S.A. § 3252(a)(1) or (a)(2) or an 11
1514	1514	attempt to commit that offense; or 12
1515	1515	(11) aggravated sexual assault as defined in 13 V.S.A. § 3253 and 13
1516	1516	aggravated sexual assault of a child as defined in 13 V.S.A. § 3253a or an 14
1517	1517	attempt to commit either of those offenses; 15
1518	1518	(12) stalking as defined in 13 V.S.A. § 1062 or aggravated stalking as 16
1519	1519	defined in 13 V.S.A. § 1063(a)(3) or an attempt to commit either of those 17
1520	1520	offenses; 18
1521	1521	(13) carrying a dangerous or deadly weapon while committing a felony 19
1522	1522	in violation of 13 V.S.A. § 4005 or an attempt to commit that offense; 20 BILL AS INTRODUCED H.411
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1524	1524
1525	1525
1526	1526	VT LEG #380310 v.1
1527	1527	(14) trafficking a regulated drug in violation of 18 V.S.A. chapter 84, 1
1528	1528	subchapter 1 or an attempt to commit that offense; 2
1529	1529	(15) domestic assault as defined in 13 V.S.A. § 1042, first degree 3
1530	1530	aggravated domestic assault as defined in 13 V.S.A. § 1043, and second degree 4
1531	1531	aggravated domestic assault as defined in 13 V.S.A. § 1044 or an attempt to 5
1532	1532	commit any of those offenses; 6
1533	1533	(16) selling or dispensing a regulated drug with death resulting as 7
1534	1534	defined in 18 V.S.A. § 4250 or an attempt to commit that offense; 8
1535	1535	(17) using a firearm while selling or dispensing a regulated drug as 9
1536	1536	defined in 18 V.S.A. § 4253 or an attempt to commit that offense; 10
1537	1537	(18) lewd or lascivious conduct as defined in 13 V.S.A. § 2601 or an 11
1538	1538	attempt to commit that offense; 12
1539	1539	(19) lewd or lascivious conduct with a child as defined in 13 V.S.A. 13
1540	1540	§ 2602 or an attempt to commit that offense; 14
1541	1541	(20) eluding a police officer with death or serious bodily injury resulting 15
1542	1542	as defined in 23 V.S.A. § 1133(b) or an attempt to commit that offense; 16
1543	1543	(21) willful and malicious injuries caused by explosives as defined in 13 17
1544	1544	V.S.A. § 1601, injuries caused by destructive devices as defined in 13 V.S.A. 18
1545	1545	§ 1605, and injuries caused by explosives as defined in 13 V.S.A. § 1608 or an 19
1546	1546	attempt to commit any of those offenses; 20 BILL AS INTRODUCED H.411
1547	1547	2025 Page 64 of 86
1548	1548
1549	1549
1550	1550	VT LEG #380310 v.1
1551	1551	(22) human trafficking as defined in 13 V.S.A. § 2652 and aggravated 1
1552	1552	human trafficking as defined in 13 V.S.A. § 2653 or an attempt to commit 2
1553	1553	either of those offenses; 3
1554	1554	(23) grand larceny as defined in 13 V.S.A. § 2501 or an attempt to 4
1555	1555	commit that offense; 5
1556	1556	(24) larceny from the person as defined in 13 V.S.A. § 2503 or an 6
1557	1557	attempt to commit that offense; 7
1558	1558	(25) operating a vehicle under the influence of alcohol or any other drug 8
1559	1559	with death or serious bodily injury resulting as defined in 23 V.S.A. § 1210 or 9
1560	1560	an attempt to commit that offense; 10
1561	1561	(26) negligent or grossly negligent operation of a vehicle with death or 11
1562	1562	serious bodily injury resulting as defined in 23 V.S.A. § 1091 or an attempt to 12
1563	1563	commit that offense; 13
1564	1564	(27) leaving the scene of an accident with death or serious bodily injury 14
1565	1565	resulting as defined in 23 V.S.A. § 1128 or an attempt to commit that offense; 15
1566	1566	(28) commission of a hate motivated crime as defined in 13 V.S.A. 16
1567	1567	§ 1455 or an attempt to commit that offense; 17
1568	1568	(29) conspiracy as defined in 13 V.S.A. § 1404 or an attempt to commit 18
1569	1569	that offense; or 19 BILL AS INTRODUCED H.411
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1571	1571
1572	1572
1573	1573	VT LEG #380310 v.1
1574	1574	(30) violation of an abuse prevention order, an order against stalking or 1
1575	1575	sexual assault, or a protective order concerning contact with a child as defined 2
1576	1576	in 13 V.S.A. § 1030 or an attempt to commit any of those offenses. 3
1577	1577	* * * 4
1578	1578	* * * Raise the Age * * * 5
1579	1579	Sec. 21. 2024 Acts and Resolves No. 125, Secs. 7–11 are amended to read: 6
1580	1580	Sec. 7. [Deleted.] 7
1581	1581	Sec. 8. [Deleted.] 8
1582	1582	Sec. 9. [Deleted.] 9
1583	1583	Sec. 10. [Deleted.] 10
1584	1584	Sec. 11. [Deleted.] 11
1585	1585	Sec. 22. 2024 Acts and Resolves No. 125, Sec. 21 is amended to read: 12
1586	1586	Sec. 21. EFFECTIVE DATES 13
1587	1587	(a) Secs. 1–6, 12–20, and this section shall take effect on July 1, 2024. 14
1588	1588	(b) Secs. 7–11 shall take effect on April 1, 2025. [Deleted.] 15
1589	1589	* * * Youthful Offenders * * * 16
1590	1590	Sec. 23. 33 V.S.A. § 5280 is amended to read: 17
1591	1591	§ 5280. COMMENCEMENT OF YOUTHFUL OFFENDER 18
1592	1592	PROCEEDINGS IN THE FAMILY DIVISION 19
1593	1593	(a) A youthful offender proceeding under this chapter shall be commenced 20
1594	1594	by: 21 BILL AS INTRODUCED H.411
1595	1595	2025 Page 66 of 86
1596	1596
1597	1597
1598	1598	VT LEG #380310 v.1
1599	1599	(1) the filing of a youthful offender petition by a State’s Attorney in the 1
1600	1600	Criminal Division of the Superior Court; or 2
1601	1601	(2) transfer to the Family Court of a proceeding from the Criminal 3
1602	1602	Division of the Superior Court as provided in section 5281 of this title the 4
1603	1603	filing of a motion in the Criminal Division of the Superior Court by the State’s 5
1604	1604	Attorney, the defendant, or the court on its own motion requesting that a 6
1605	1605	defendant in a criminal proceeding who has attained 14 years of age but not 22 7
1606	1606	years of age at the time the offense is alleged to have been committed be 8
1607	1607	treated as a youthful offender; or 9
1608	1608	(3) the filing of a youthful offender petition in the Family Division of 10
1609	1609	the Superior Court concerning a child who is alleged to have committed an 11
1610	1610	offense after attaining 14 years of age but not 22 years of age that could 12
1611	1611	otherwise be filed in the Criminal Division. 13
1612	1612	(b) A State’s Attorney may commence a proceeding in the Family Division 14
1613	1613	of the Superior Court concerning a child who is alleged to have committed an 15
1614	1614	offense after attaining 14 years of age but not 22 years of age that could 16
1615	1615	otherwise be filed in the Criminal Division. 17
1616	1616	(1) Upon the filing of a motion under subdivision (a)(1) or (2) of this 18
1617	1617	section and the entering of a conditional plea of guilty by the youth, the 19
1618	1618	Criminal Division of the Superior Court shall enter an order deferring the 20 BILL AS INTRODUCED H.411
1619	1619	2025 Page 67 of 86
1620	1620
1621	1621
1622	1622	VT LEG #380310 v.1
1623	1623	sentence and hold a hearing on the motion. If the youth declines to enter a 1
1624	1624	conditional plea, youthful offender status shall be denied. 2
1625	1625	(2) As used in this subsection, “conditional plea of guilty” means a plea 3
1626	1626	of guilty that is conditioned on the granting of youthful offender status that 4
1627	1627	may be withdrawn in the event that youthful offender status is denied. 5
1628	1628	(c) If a State’s Attorney files a petition under subdivision (a)(1) of this 6
1629	1629	section, the The case shall proceed as provided under subsection 5281(b) of 7
1630	1630	this title. Except as provided in subdivision 5283(c)(2) of this title, upon the 8
1631	1631	commencement of a youthful offender consideration proceeding in the Family 9
1632	1632	Division or the Criminal Division of the Superior Court, all future proceedings 10
1633	1633	regarding youthful offender status shall be sealed until youthful offender status 11
1634	1634	is denied or revoked. 12
1635	1635	(d)(1) Within 15 days after the Upon commencement of a youthful 13
1636	1636	offender proceeding pursuant to subsection (a) of this section, the court shall 14
1637	1637	notify the youth that the youth is required to complete a risk and needs 15
1638	1638	screening, which shall be conducted by the Department or by a community 16
1639	1639	provider that has contracted with the Department to provide risk and needs 17
1640	1640	screenings. The notice shall inform the youth that youthful offender status 18
1641	1641	may be denied if the youth fails to participate in the risk and needs screening. 19
1642	1642	(2) The risk and needs screening shall be completed prior to the youthful 20
1643	1643	offender status hearing held pursuant to section 5283 of this title. Unless the 21 BILL AS INTRODUCED H.411
1644	1644	2025 Page 68 of 86
1645	1645
1646	1646
1647	1647	VT LEG #380310 v.1
1648	1648	court extends the period for the risk and needs screening for good cause 1
1649	1649	shown, the Family Division court shall reject the case for youthful offender 2
1650	1650	treatment if the youth does not complete the risk and needs screening within 15 3
1651	1651	days after the offer for the risk and needs screening. 4
1652	1652	(3) The Department or the community provider shall report the risk level 5
1653	1653	result of the screening, the number and source of the collateral contacts made, 6
1654	1654	and the recommendation for charging or other alternatives to the State’s 7
1655	1655	Attorney. 8
1656	1656	(4) Information related to the present alleged offense directly or 9
1657	1657	indirectly derived from the risk and needs screening or other conversation with 10
1658	1658	the Department or community-based provider shall not be used against the 11
1659	1659	youth in the youth’s criminal or juvenile case for any purpose, including 12
1660	1660	impeachment or cross-examination. However, the fact of participation in risk 13
1661	1661	and needs screening may be used in subsequent proceedings. 14
1662	1662	(e) The State’s Attorney shall may refer directly to court diversion a youth 15
1663	1663	alleged to have committed any offense other than those specified in subsection 16
1664	1664	5204(a) of this title who presents a low to moderate risk to reoffend based on 17
1665	1665	the results of the risk and needs screening, unless the State’s Attorney states on 18
1666	1666	the record at the hearing held pursuant to section 5283 of this title why a 19
1667	1667	referral would not serve the ends of justice. If the court diversion program 20
1668	1668	does not accept the case or if the youth fails to complete the program in a 21 BILL AS INTRODUCED H.411
1669	1669	2025 Page 69 of 86
1670	1670
1671	1671
1672	1672	VT LEG #380310 v.1
1673	1673	manner deemed satisfactory and timely by the provider, the youth’s case shall 1
1674	1674	return to the State’s Attorney for charging consideration. 2
1675	1675	Sec. 24. 33 V.S.A. § 5281 is amended to read: 3
1676	1676	§ 5281. MOTION PROCEDURES IN CRIMINAL DIVISION OF 4
1677	1677	SUPERIOR COURT 5
1678	1678	(a) A motion may be filed in the Criminal Division of the Superior Court 6
1679	1679	requesting that a defendant under 22 years of age in a criminal proceeding who 7
1680	1680	had attained 12 years of age but not 22 years of age at the time the offense is 8
1681	1681	alleged to have been committed be treated as a youthful offender. The motion 9
1682	1682	may be filed by the State’s Attorney, the defendant, or the court on its own 10
1683	1683	motion. 11
1684	1684	(b) Unless the State’s Attorney refers the youth directly to court diversion 12
1685	1685	pursuant to subsection 5280(e) of this title, upon the filing of a motion under 13
1686	1686	this section or the filing of a youthful offender petition pursuant to section 14
1687	1687	5280 of this title, the Family Division court shall hold a hearing pursuant to 15
1688	1688	section 5283 of this title. Pursuant to section 5110 of this title, the The hearing 16
1689	1689	shall be confidential as provided in section 5284 of this title. Copies of all 17
1690	1690	records relating to the case shall be forwarded to the Family Division. 18
1691	1691	Conditions of release and any Department of Corrections supervision or 19
1692	1692	custody shall remain in effect until: 20 BILL AS INTRODUCED H.411
1693	1693	2025 Page 70 of 86
1694	1694
1695	1695
1696	1696	VT LEG #380310 v.1
1697	1697	(1) the Family Division accepts the case for treatment as a youthful 1
1698	1698	offender and orders conditions of juvenile probation pursuant to section 5284 2
1699	1699	of this title; 3
1700	1700	(2) any conditions of release or bail are modified, amended, or vacated 4
1701	1701	pursuant to 13 V.S.A. chapter 229; or 5
1702	1702	(3)(2) the case is otherwise concluded. 6
1703	1703	(c)(b)(1) If the Family Division court rejects the case for youthful offender 7
1704	1704	treatment pursuant to section 5284 of this title, the case shall be transferred to 8
1705	1705	the Criminal Division. The conditions of release imposed by the Criminal 9
1706	1706	Division shall remain in effect, and the case shall proceed as though the motion 10
1707	1707	for youthful offender treatment or youthful offender petition had not been 11
1708	1708	filed. 12
1709	1709	(2) Subject to Rule 11 of the Vermont Rules of Criminal Procedure and 13
1710	1710	Rule 410 of the Vermont Rules of Evidence, the Family Division’s court’s 14
1711	1711	denial of the motion for youthful offender treatment and any information 15
1712	1712	related to the youthful offender proceeding shall be inadmissible against the 16
1713	1713	youth for any purpose in the subsequent Criminal Division proceeding. 17
1714	1714	(d)(c) If the Family Division accepts the case for youthful offender 18
1715	1715	treatment, the case shall proceed to a confidential merits hearing or admission 19
1716	1716	pursuant to sections 5227-5229 of this title the youth shall not be permitted to 20
1717	1717	withdraw the youth’s plea of guilty after youthful offender status is approved 21 BILL AS INTRODUCED H.411
1718	1718	2025 Page 71 of 86
1719	1719
1720	1720
1721	1721	VT LEG #380310 v.1
1722	1722	except to correct manifest injustice pursuant to Rule 32(d) of the Vermont 1
1723	1723	Rules of Criminal Procedure. 2
1724	1724	Sec. 25. 33 V.S.A. § 5282 is amended to read: 3
1725	1725	§ 5282. REPORT FROM THE DEPARTMENT 4
1726	1726	(a) Within 30 days after the youth has completed the risk and needs 5
1727	1727	screening pursuant to section 5280 of this title, unless the court extends the 6
1728	1728	period for good cause shown or the State’s Attorney refers the youth directly to 7
1729	1729	court diversion pursuant to subsection 5280(e) of this title, the Department for 8
1730	1730	Children and Families shall file a report with the Family Division of the 9
1731	1731	Superior Court. 10
1732	1732	(b) A report filed pursuant to this section shall include the following 11
1733	1733	elements: 12
1734	1734	(1) a recommendation as to whether diversion is appropriate for the 13
1735	1735	youth because the youth is a low to moderate risk to reoffend; 14
1736	1736	(2) a recommendation as to whether youthful offender status is 15
1737	1737	appropriate for the youth; and 16
1738	1738	(3) a description of the services that may be available for the youth. 17
1739	1739	(c) A report filed pursuant to this section is privileged and shall not be 18
1740	1740	disclosed to any person other than: 19
1741	1741	(1) the Department; 20
1742	1742	(2) the court; 21 BILL AS INTRODUCED H.411
1743	1743	2025 Page 72 of 86
1744	1744
1745	1745
1746	1746	VT LEG #380310 v.1
1747	1747	(3) the State’s Attorney; 1
1748	1748	(4) the youth, the youth’s attorney, and the youth’s guardian ad litem; 2
1749	1749	(5) the youth’s parent, guardian, or custodian if the youth is under 18 3
1750	1750	years of age, unless the court finds that disclosure would be contrary to the best 4
1751	1751	interests of the child; 5
1752	1752	(6) the Department of Corrections; or 6
1753	1753	(7) any other person when the court determines that the best interests of 7
1754	1754	the youth would make such a disclosure desirable or helpful. [Repealed.] 8
1755	1755	Sec. 26. 33 V.S.A. § 5283 is amended to read: 9
1756	1756	§ 5283. DISPOSITION HEARING IN FAMILY DIVISION 10
1757	1757	(a) Timeline. Unless the State’s Attorney refers the youth directly to court 11
1758	1758	diversion pursuant to subsection 5280(e) of this title, a youthful offender 12
1759	1759	consideration disposition hearing shall be held not later than 60 days after the 13
1760	1760	transfer of the case from the Criminal Division or filing of a youthful offender 14
1761	1761	petition in the Family Division 45 days after the filing of a motion or the filing 15
1762	1762	of a youthful offender petition under section 5280 of this title. 16
1763	1763	(b) Notice. Notice of the hearing shall be provided to the State’s Attorney; 17
1764	1764	the youth; the youth’s parent, guardian, or custodian; the victim; the 18
1765	1765	Department; and the Department of Corrections. The court shall not exclude 19
1766	1766	any victim from the proceeding or any portion of it unless, after hearing from 20
1767	1767	the parties and the victim, the court makes a finding on the record of good 21 BILL AS INTRODUCED H.411
1768	1768	2025 Page 73 of 86
1769	1769
1770	1770
1771	1771	VT LEG #380310 v.1
1772	1772	cause. As used in this subsection, “victim” means a person who is the victim 1
1773	1773	of a crime for which a youth is charged; a parent, guardian, or legal 2
1774	1774	representative of the victim; or a victim’s advocate. 3
1775	1775	(c) Hearing procedure. 4
1776	1776	(1) If the motion is contested, all parties shall have the right to present 5
1777	1777	evidence and examine witnesses. Hearsay may be admitted and may be relied 6
1778	1778	on to the extent of its probative value. If reports are admitted, the parties shall 7
1779	1779	be afforded an opportunity to examine those persons making the reports, but 8
1780	1780	sources of confidential information need not be disclosed. 9
1781	1781	(2) For individuals who had attained 18 years of age but not 22 years of 10
1782	1782	age at the time the act is alleged to have been committed, hearings under 11
1783	1783	5284(a) of this title shall be open to the public. All other youthful offender 12
1784	1784	proceedings shall be confidential. 13
1785	1785	(d) Burden of proof. The burden of proof shall be on the moving party to 14
1786	1786	prove by a preponderance of the evidence that a child should be granted 15
1787	1787	youthful offender status. If the court makes the motion, the burden shall be on 16
1788	1788	the youth. 17
1789	1789	(e) Further hearing. On its own motion or the motion of a party, the court 18
1790	1790	may schedule a further hearing to obtain reports or other information necessary 19
1791	1791	for the appropriate disposition of the case. 20 BILL AS INTRODUCED H.411
1792	1792	2025 Page 74 of 86
1793	1793
1794	1794
1795	1795	VT LEG #380310 v.1
1796	1796	Sec. 27. 33 V.S.A. § 5284 is amended to read: 1
1797	1797	§ 5284. YOUTHFUL OFFENDER DETERMINATION AND DISPOSITION 2
1798	1798	ORDER 3
1799	1799	(a)(1) In a hearing on a motion or petition for youthful offender status, the 4
1800	1800	court shall first consider whether public safety will be protected by treating the 5
1801	1801	youth as a youthful offender. If the court finds that public safety will not be 6
1802	1802	protected by treating the youth as a youthful offender, the court shall deny the 7
1803	1803	motion and transfer the case to the Criminal Division of the Superior Court 8
1804	1804	pursuant to subsection 5281(d) of this title, the conditions of release imposed 9
1805	1805	by the Criminal Division shall remain in effect, and the case shall proceed as 10
1806	1806	though the motion or petition for youthful offender treatment had not been 11
1807	1807	filed. If the court finds that public safety will be protected by treating the 12
1808	1808	youth as a youthful offender, the court shall proceed to make a determination 13
1809	1809	under subsection (b) of this section. 14
1810	1810	(2) When determining whether public safety will be protected by 15
1811	1811	treating the youth as a youthful offender, the court shall consider, on the basis 16
1812	1812	of the evidence admitted: 17
1813	1813	(A) the nature and circumstances of the charge and whether violence 18
1814	1814	was involved; 19
1815	1815	(B) the youth’s mental health treatment history and needs; 20
1816	1816	(C) the youth’s substance abuse history and needs; 21 BILL AS INTRODUCED H.411
1817	1817	2025 Page 75 of 86
1818	1818
1819	1819
1820	1820	VT LEG #380310 v.1
1821	1821	(D) the youth’s residential housing status; 1
1822	1822	(E) the youth’s employment and educational situation; 2
1823	1823	(F) whether the youth has complied with conditions of release; 3
1824	1824	(G) the youth’s criminal record and whether the youth has engaged in 4
1825	1825	subsequent criminal or delinquent behavior since the original charge; 5
1826	1826	(H) whether supervising the youth on youthful offender probation is 6
1827	1827	appropriate considering the nature of the charged offense and the age and 7
1828	1828	specialized needs of the youth; 8
1829	1829	(I) whether the youth has connections to the community; and 9
1830	1830	(J) the youth’s history of violence and history of illegal or violent 10
1831	1831	conduct involving firearms or other deadly weapons. 11
1832	1832	(b)(1) The court shall deny the motion if the court finds that: 12
1833	1833	(A) public safety will not be protected by treating the youth as a 13
1834	1834	youthful offender; 14
1835	1835	(B) the youth is not amenable to treatment or rehabilitation as a 15
1836	1836	youthful offender; or 16
1837	1837	(B)(C) there are insufficient services in the juvenile court system and 17
1838	1838	the Department for Children and Families and the Department of Corrections 18
1839	1839	to meet the youth’s treatment and rehabilitation needs. 19
1840	1840	(2) The court shall grant the motion if the court finds that: 20 BILL AS INTRODUCED H.411
1841	1841	2025 Page 76 of 86
1842	1842
1843	1843
1844	1844	VT LEG #380310 v.1
1845	1845	(A) public safety will be protected by treating the youth as a youthful 1
1846	1846	offender; 2
1847	1847	(B) the youth is amenable to treatment or rehabilitation as a youthful 3
1848	1848	offender; and 4
1849	1849	(B)(C) there are sufficient services in the juvenile court system and 5
1850	1850	the Department for Children and Families and the Department of Corrections 6
1851	1851	to meet the youth’s treatment and rehabilitation needs. 7
1852	1852	(c)(1) If the court approves the motion for youthful offender treatment after 8
1853	1853	an adjudication pursuant to subsection 5281(d) of this title, the court: 9
1854	1854	(A) shall place the youth on conditions of probation pursuant to 28 10
1855	1855	V.S.A. chapter 5, or such additional conditions imposed by the court, provided 11
1856	1856	that the requirements of this subdivision (A) may be satisfied by entering the 12
1857	1857	single condition of probation required under subdivision (C) of this subdivision 13
1858	1858	(c)(1); 14
1859	1859	(B) shall approve a disposition case plan and impose conditions of 15
1860	1860	juvenile probation on the youth; and 16
1861	1861	(C) shall include as a condition of probation adherence to the 17
1862	1862	disposition case plan approved by the court; and 18
1863	1863	(B)(D) may transfer legal custody of the youth to a parent, relative, 19
1864	1864	person with a significant relationship with the youth, or Commissioner of the 20 BILL AS INTRODUCED H.411
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1866	1866
1867	1867
1868	1868	VT LEG #380310 v.1
1869	1869	Department for Children and Families, provided that any transfer of custody 1
1870	1870	shall expire on the youth’s 18th birthday. 2
1871	1871	(2) Prior to the approval of a disposition case plan, the court may refer a 3
1872	1872	child directly to a youth-appropriate community-based provider that has been 4
1873	1873	approved by the department and which that may include a community justice 5
1874	1874	center or a balanced and restorative justice program. Referral to a community-6
1875	1875	based provider pursuant to this subdivision shall not require the court to place 7
1876	1876	the child on probation. If the community-based provider does not accept the 8
1877	1877	case or if the child fails to complete the program in a manner deemed 9
1878	1878	satisfactory and timely by the provider, the child shall return to the court for 10
1879	1879	further proceedings, including the imposition of the disposition order. 11
1880	1880	(d)(1) The Department for Children and Families and the Department of 12
1881	1881	Corrections shall be responsible for supervision of and providing services to 13
1882	1882	the youth until the youth reaches 22 years of age the earlier of: 14
1883	1883	(A) the youth successfully completing treatment and supervision; or 15
1884	1884	(B) the revocation of the youth’s youthful offender designation 16
1885	1885	pursuant to section 5285 of this title. 17
1886	1886	(2) Both Departments the Department for Children and Families and the 18
1887	1887	Department of Corrections shall designate a case manager who together shall 19
1888	1888	appoint a lead Department department to have final decision-making authority 20
1889	1889	over the case plan and the provision of services to the youth. The youth shall 21 BILL AS INTRODUCED H.411
1890	1890	2025 Page 78 of 86
1891	1891
1892	1892
1893	1893	VT LEG #380310 v.1
1894	1894	be eligible for appropriate community-based programming and services 1
1895	1895	provided by both Departments the Agency of Human Services. 2
1896	1896	Sec. 28. 33 V.S.A. § 5285 is amended to read: 3
1897	1897	§ 5285. MODIFICATION OR REVOCATION OF DISPOSITION 4
1898	1898	(a) If it appears that the youth has violated the terms of juvenile probation 5
1899	1899	ordered by the court pursuant to subdivision 5284(c)(1) of this title, a motion 6
1900	1900	for modification or revocation of youthful offender status may be filed in the 7
1901	1901	Family Division of the Superior Court. The court shall set the motion for 8
1902	1902	hearing as soon as practicable within 30 days. The hearing may be joined with 9
1903	1903	a hearing on a violation of conditions of probation under section 5265 of this 10
1904	1904	title. A Consistent with the procedures of 28 V.S.A. § 301, a supervising 11
1905	1905	juvenile or adult probation officer may detain in an adult facility a youthful 12
1906	1906	offender who has attained 18 years of age for violating conditions of probation. 13
1907	1907	A youthful offender who has not attained 18 years of age may be detained in a 14
1908	1908	facility for juveniles pursuant to section 5266 of this title. A youthful offender 15
1909	1909	who is detained prior to attaining 18 years of age may be transferred to an adult 16
1910	1910	facility after the offender attains 18 years of age. 17
1911	1911	(b) A hearing under this section shall be held in accordance with section 18
1912	1912	5268 of this title. 19
1913	1913	(c) If the court finds after the hearing that the youth has violated the terms 20
1914	1914	of his or her the youth’s probation, the court may: 21 BILL AS INTRODUCED H.411
1915	1915	2025 Page 79 of 86
1916	1916
1917	1917
1918	1918	VT LEG #380310 v.1
1919	1919	(1) maintain the youth’s status as a youthful offender, with modified 1
1920	1920	conditions of juvenile probation if the court deems it appropriate; 2
1921	1921	(2) revoke the youth’s status as a youthful offender and transfer the case 3
1922	1922	with a record of the petition, affidavit, adjudication, disposition, and revocation 4
1923	1923	to the Criminal Division for sentencing; or 5
1924	1924	(3) transfer supervision of the youth to the Department of Corrections 6
1925	1925	with all of the powers and authority of the Department and the Commissioner 7
1926	1926	under Title 28, including graduated sanctions and electronic monitoring. 8
1927	1927	(d) If a youth’s status as a youthful offender is revoked and the case is 9
1928	1928	transferred to the Criminal Division pursuant to subdivision (c)(2) of this 10
1929	1929	section, the court shall enter a conviction of guilty based on the admission to or 11
1930	1930	finding of merits, hold a sentencing hearing, and impose sentence. Unless it 12
1931	1931	serves the interest of justice, the case shall not be transferred back to the 13
1932	1932	Family Division pursuant to section 5203 of this title. When determining an 14
1933	1933	appropriate sentence, the court may take into consideration the youth’s degree 15
1934	1934	of progress toward or regression from rehabilitation while on youthful offender 16
1935	1935	status. The Criminal Division shall have access to all Family Division records 17
1936	1936	of the proceeding. 18
1937	1937	Sec. 29. 33 V.S.A. § 5286 is amended to read: 19
1938	1938	§ 5286. REVIEW PRIOR TO 18 YEARS OF AGE 20 BILL AS INTRODUCED H.411
1939	1939	2025 Page 80 of 86
1940	1940
1941	1941
1942	1942	VT LEG #380310 v.1
1943	1943	(a) If a youth is on probation as a youthful offender prior to reaching 18 1
1944	1944	years of age, the Family Division court shall review the youth’s case before he 2
1945	1945	or she the youth reaches 18 years of age and set a hearing to determine whether 3
1946	1946	the court’s jurisdiction over the youth should be continued past 18 years of 4
1947	1947	age. The hearing may be joined with a motion to terminate youthful offender 5
1948	1948	status under section 5285 of this title. The court shall provide notice and an 6
1949	1949	opportunity to be heard at the hearing to the State’s Attorney, the youth, the 7
1950	1950	Department for Children and Families, and the Department of Corrections. 8
1951	1951	(b) After receiving a notice of review under this section, the State may file 9
1952	1952	a motion to modify or revoke pursuant to section 5285 of this title. If such a 10
1953	1953	motion is filed, it shall be consolidated with the review under this section and 11
1954	1954	all options provided for under section 5285 of this title shall be available to the 12
1955	1955	court. 13
1956	1956	(c) The following reports shall be filed with the court prior to the hearing: 14
1957	1957	(1) The Department for Children and Families and the Department of 15
1958	1958	Corrections shall jointly report their recommendations, with supporting 16
1959	1959	justifications, as to whether the Family Division court should continue 17
1960	1960	jurisdiction over the youth past 18 years of age and, if continued jurisdiction is 18
1961	1961	recommended, propose a case plan for the youth to ensure compliance with 19
1962	1962	and completion of the juvenile disposition. 20 BILL AS INTRODUCED H.411
1963	1963	2025 Page 81 of 86
1964	1964
1965	1965
1966	1966	VT LEG #380310 v.1
1967	1967	(2) If the Departments departments recommend continued supervision 1
1968	1968	of the youthful offender past 18 years of age, the Departments departments 2
1969	1969	shall report on the services that would be available for the youth. 3
1970	1970	(d) If the court finds that it is in the best interests of the youth and 4
1971	1971	consistent with community safety to continue the case past 18 years of age, it 5
1972	1972	shall make an order continuing the court’s jurisdiction up to 22 years of age. 6
1973	1973	The Department for Children and Families and the Department of Corrections 7
1974	1974	shall jointly develop a case plan for the youth and coordinate services and 8
1975	1975	share information to ensure compliance with and completion of the juvenile 9
1976	1976	youthful offender disposition. 10
1977	1977	(e) If the court finds that it is not in the best interests of the youth to 11
1978	1978	continue the case past 18 years of age, it shall terminate the disposition order, 12
1979	1979	discharge the youth, and dismiss the case in accordance with subsection 13
1980	1980	5287(c) of this title. 14
1981	1981	Sec. 30. 33 V.S.A. § 5287 is amended to read: 15
1982	1982	§ 5287. TERMINATION OR CONTINUANCE OF PROBATION 16
1983	1983	(a) A motion or stipulation may be filed at any time in the Family Criminal 17
1984	1984	Division requesting that the court terminate the youth’s status as a youthful 18
1985	1985	offender and discharge him or her the youth from probation. The motion may 19
1986	1986	be filed by the State’s Attorney, the youth, the Department, or the court on its 20
1987	1987	own motion. 21 BILL AS INTRODUCED H.411
1988	1988	2025 Page 82 of 86
1989	1989
1990	1990
1991	1991	VT LEG #380310 v.1
1992	1992	(b) In determining whether a youth has successfully completed the terms of 1
1993	1993	probation, the court shall consider: 2
1994	1994	(1) the degree to which the youth fulfilled the terms of the case plan and 3
1995	1995	the probation order; 4
1996	1996	(2) the youth’s performance during treatment; 5
1997	1997	(3) reports of treatment personnel; and 6
1998	1998	(4) any other relevant facts associated with the youth’s behavior. 7
1999	1999	(c) If the court finds that the youth has successfully completed the terms of 8
2000	2000	the probation order, it shall terminate youthful offender status, discharge the 9
2001	2001	youth from probation, and file a written order dismissing the Family Division 10
2002	2002	case. The Family Division shall provide notice of the dismissal to the Criminal 11
2003	2003	Division, which shall dismiss the criminal case. 12
2004	2004	(d) Upon discharge and dismissal under subsection (c) of this section, all 13
2005	2005	records relating to the case in the Criminal Division shall be expunged, and all 14
2006	2006	records relating to the case in the Family Court shall be sealed pursuant to 15
2007	2007	section 5119 of this title sealed. Notwithstanding any other provision of law or 16
2008	2008	a sealing order, entities may access and use sealed records in the following 17
2009	2009	circumstances, and the sealed record shall remain otherwise confidential: 18
2010	2010	(1) An entity or person that possesses a sealed record may continue to 19
2011	2011	use it for any litigation or claim arising out of the same incident or occurrence. 20 BILL AS INTRODUCED H.411
2012	2012	2025 Page 83 of 86
2013	2013
2014	2014
2015	2015	VT LEG #380310 v.1
2016	2016	(2) A criminal justice agency as defined in 20 V.S.A. § 2056a and the 1
2017	2017	Attorney General may use the criminal history record sealed in accordance 2
2018	2018	with section 7602 or 7603 of this title for criminal justice purposes as defined 3
2019	2019	in 20 V.S.A. § 2056a. 4
2020	2020	(3) A sealed record of a prior violation of 23 V.S.A. § 1201(a) shall be 5
2021	2021	admissible as a predicate offense for the purpose of imposing an enhanced 6
2022	2022	penalty for a subsequent violation of that section, in accordance with the 7
2023	2023	provisions of 23 V.S.A. § 1210. 8
2024	2024	(4) A person or a court in possession of an order issued by a court 9
2025	2025	regarding a matter that was subsequently sealed may file or cite to that decision 10
2026	2026	in any subsequent proceeding. The party or court filing or citing to that 11
2027	2027	decision shall ensure that information regarding the identity of the defendant in 12
2028	2028	the sealed record is redacted. 13
2029	2029	(5) The Vermont Crime Information Center and Criminal Justice 14
2030	2030	Information Services Division of the Federal Bureau of Investigations shall 15
2031	2031	have access to sealed criminal history records without limitation for the 16
2032	2032	purpose of responding to queries to the National Instant Criminal Background 17
2033	2033	Check System regarding firearms transfers and attempted transfers. 18
2034	2034	(6) The State’s Attorney and Attorney General may disclose information 19
2035	2035	contained in a sealed criminal history record when required to meet their 20
2036	2036	otherwise legally required discovery obligations. 21 BILL AS INTRODUCED H.411
2037	2037	2025 Page 84 of 86
2038	2038
2039	2039
2040	2040	VT LEG #380310 v.1
2041	2041	(7) The person whose criminal history records have been sealed 1
2042	2042	pursuant to this chapter and the person’s attorney may access and use the 2
2043	2043	sealed records. 3
2044	2044	(8) A law enforcement agency may inspect and receive copies of the 4
2045	2045	sealed criminal history records of any applicant who applies to the agency to 5
2046	2046	be a law enforcement officer or a current employee for the purpose of internal 6
2047	2047	investigation. 7
2048	2048	(9) Persons or entities conducting research shall have access to a sealed 8
2049	2049	criminal history record to carry out research pursuant to 20 V.S.A. § 2056b. 9
2050	2050	(10) Upon adopting rules outlining a process for handling sealed records 10
2051	2051	and maintaining confidentiality and the standards for determining when 11
2052	2052	information contained in a sealed record may be used for the purpose of 12
2053	2053	licensing decisions, the Vermont Criminal Justice Council may inspect and 13
2054	2054	receive copies of sealed criminal history records. Access to such records shall 14
2055	2055	not be permitted if the Legislative Committee on Administrative Rules objects 15
2056	2056	to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files the objection 16
2057	2057	or objections in certified form pursuant to 3 V.S.A. § 842(c). Sealed records 17
2058	2058	shall remain confidential and not be available for inspection and copying 18
2059	2059	unless and until the Council relies on such records in a public licensing 19
2060	2060	decision. 20 BILL AS INTRODUCED H.411
2061	2061	2025 Page 85 of 86
2062	2062
2063	2063
2064	2064	VT LEG #380310 v.1
2065	2065	(11) Upon adopting rules outlining a process for handling sealed records 1
2066	2066	and maintaining confidentiality and the standards for determining when 2
2067	2067	information contained in a sealed record may be used for the purpose of 3
2068	2068	licensing decisions, the Vermont Office of Professional Regulation may 4
2069	2069	inspect and receive copies of sealed criminal history records. Access to such 5
2070	2070	records shall not be permitted if the Legislative Committee on Administrative 6
2071	2071	Rules objects to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files 7
2072	2072	the objection or objections in certified form pursuant to 3 V.S.A. § 842(c). 8
2073	2073	Sealed records shall remain confidential and not be available for inspection and 9
2074	2074	copying unless and until the Office relies on such records in a public licensing 10
2075	2075	decision. 11
2076	2076	(12) Upon adopting rules outlining a process for handling sealed records 12
2077	2077	and maintaining confidentiality and the standards for determining when 13
2078	2078	information contained in a sealed record may be used for the purpose of 14
2079	2079	licensing decisions, the Vermont Board of Medical Practice may inspect and 15
2080	2080	receive copies of sealed criminal history records. Access to such records shall 16
2081	2081	not be permitted if the Legislative Committee on Administrative Rules objects 17
2082	2082	to some or all of the rules pursuant to 3 V.S.A. § 842(b) and files the objection 18
2083	2083	or objections in certified form pursuant to 3 V.S.A. § 842(c). Sealed records 19
2084	2084	shall remain confidential and not be available for inspection and copying 20
2085	2085	unless and until the Board relies on such records in a public licensing decision. 21 BILL AS INTRODUCED H.411
2086	2086	2025 Page 86 of 86
2087	2087
2088	2088
2089	2089	VT LEG #380310 v.1
2090	2090	(e) If the court denies the motion to discharge the youth from probation, the 1
2091	2091	court may extend or amend the probation order as it deems necessary. 2
2092	2092	(f) Upon the termination of the period of probation, the youth shall be 3
2093	2093	discharged from probation. 4
2094	2094	* * * Public Inebriates * * * 5
2095	2095	Sec. 31. REPEAL 6
2096	2096	2019 Acts and Resolves No. 6, Secs. 99 and 100 (amendments to 18 V.S.A. 7
2097	2097	§§ 4810(d)–(j) and 4811 that prohibited public inebriates from being 8
2098	2098	incarcerated in a Department of Corrections’ facility) are repealed. 9
2099	2099	* * * Effective Dates * * * 10
2100	2100	Sec. 32. EFFECTIVE DATES 11
2101	2101	(a) This section and Secs. 14–17 (relating to recidivism) and Sec. 31 12
2102	2102	(relating to public inebriates) shall take effect on passage. 13
2103	2103	(b) Secs. 21 and 22 (relating to raise the age) shall take effect on March 31, 14
2104	2104	2025. 15
2105	2105	(c) Secs. 1–3 (relating to extradition), Secs. 4–6 (related to reduced and 16
2106	2106	suspended sentences), Secs. 7–9 (related to bail), Secs. 18–20 (relating to the 17
2107	2107	big 14 juvenile offenses), and Secs. 23–30 (relating to youthful offenders) shall 18
2108	2108	take effect on July 1, 2025. 19
2109	2109	(d) Secs. 10–13 (relating to sealing criminal history records) shall take 20
2110	2110	effect on September 1, 2025. 21