Vermont Bar Journal, Vol. 40, No. 2 Vermont Bar Journal, Fall 2016, Vol. 42, No. 3 | Page 45

The landmark changes found in Act. 153

account for the scientific principles of adolescent brain development. The changes also reflect a society that views young
persons as prospective productive citizens
rather than young criminals. These amendments, while considered by many to be
long overdue, are a welcome change. Vermont should be lauded for this legislation.
____________________
Robert Sheil, Esq. was the supervising
attorney in the Office of the Juvenile Defender within the Office of the Defender
General for over twenty-seven years and
retired in January, 2016. He is a member
of the Children and Family Council for Prevention Programs and a board member
of Voices for Vermont’s Children and the
Washington County Youth Service Bureau/
Boys and Girls Club.

cepts Brief, “What Are the Implications of Adolescent Brain Development for Juvenile Justice?”
© 2006, found at http://www.juvjustice.org/
sites/default/files/resource-files/resource_134.
pdf
3
See
http://legislature.vermont.gov/assets/
Documents/2016/Docs/ACTS/ACT153/
ACT153%20As%20Enacted.pdf
4
Juvenile Judicial Proceedings Act at 33 V.S.A.
Chapters 51-53; Analysis at http://legislature.
vermont.gov/assets/Documents/2016/Docs/
ACTS/ACT153/ACT153%20Act%20Summary.
pdf
5
A list of the “Big 12” offenses may be found
at 33 V.S.A. § 5204(a), and, not unexpectedly,
include offenses such as arson causing death,
aggravated assault, murder and kidnapping,
among others.
6
See Youthful Offender Statute, 33 V.S.A §§
5281, 5283, 5284, 5285, 5286, 5287 and 5288,
for specific definitions regarding youthful offender status.

Children’s Corner

fender status eligibility to offenders
24 years of age and younger, while requiring offenders 22-24 years of age
to be under Department of Corrections supervision;
(4) considering whether State’s Attorneys should have the discretion to
bring charges against 14 and 15 year
olds alleged to have committed a Big
12 offense in either Family or Criminal
Division;
(5) evaluating the resources necessary to
expand the jurisdiction of the juvenile
courts for offenders 21 years of age
and younger as contemplated by other state legislatures; and
(6) evaluating the resources necessary to
expand youthful offender treatment
for offenders 24 years of age and
younger.

____________________
1
33 V.S.A. § 5203 (c)
2
Coalition for Juvenile Justice, Emerging Con-

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THE VERMONT BAR JOURNAL • FALL 2016

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