§ 5293. Disposition of minors adjudicated as adult offenders; separation of persons under 18 years from adults

(a) Pretrial detention.

(1) A minor who is under the age of 18 who has been arrested shall not be placed in a facility for adult offenders unless a felony charge has been filed in the Criminal Division of the Superior Court or the Criminal Division of the Superior Court has exercised jurisdiction over the matter and the State's Attorney has determined that a felony charge will be filed without delay. A minor who is eligible for release under 13 V.S.A. chapter 229 shall be released.

(2)(A) A minor who is under the age of 18 who has been arrested for a misdemeanor shall immediately and without first being taken elsewhere:

(i) be released to his or her custodial parent, guardian, or custodian; or

(ii) be delivered to the Criminal Division of the Superior Court.

(B) If the minor is delivered to the Criminal Division of the Superior Court, the arresting officer shall immediately file written notice thereof with the Court together with a statement of the reason for taking the minor into custody. A minor who is eligible for release under 13 V.S.A. chapter 229 shall be released. In the event that the minor is not released:

(i) the minor shall not be detained in a facility for adult offenders; and

(ii) The Court shall defer to the Commissioner of Corrections concerning the facility in which the minor shall be detained.

(b) Sentencing of minor. If a minor is convicted of an offense in a court of criminal jurisdiction as an adult, the Court shall sentence the minor as an adult.

(c) Placement of minors under 16. The Commissioner of Corrections shall not place a minor under the age of 16 who has been sentenced to a term of imprisonment in a correctional facility used to house adult offenders.

(d) Placement of minors over 16 convicted of felony. The Commissioner of Corrections may place in a facility for adult offenders a minor who has attained the age of 16 but is under the age of 18 who has been convicted of a felony and who has been sentenced to a term of imprisonment.

(e) Placement of minor over 16 convicted of misdemeanor. The Commissioner of Corrections shall not place in a facility for adult offenders a minor who has attained the age of 16 but is under the age of 18 who has been convicted of a misdemeanor.

(f) Transfer of minor at 18th birthday. At the 18th birthday of a minor convicted of a misdemeanor, the Commissioner may transfer the minor to a facility for adult offenders.

(g) Applicability. The provisions of this section shall apply to the commitment of minors to institutions within or outside the State of Vermont. (Added 2007, No. 185 (Adj. Sess.), § 2, eff. Jan. 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 238.)