Record Schedule: Dept. of State's Attorneys and …...SRS-1486.1129: This schedule is reserved for recorded evidence of activities and transactions that relate to or affect, in a specific

Authority: A custodian of public records shall not destroy, give away, sell, discard, or damage any record or records in his or her charge, unless specifically authorized by law or under a record schedule approved by the state archivist pursuant to subdivision 117(a)(5) of Title 3. (1 V.S.A. § 317a)

Scope: This agency specific record schedule is applicable only to the records listed on this record schedule that are produced or acquired during the course of agency business. Records are any written or recorded information, regardless of physical form or characteristics, and includes electronic or digital records and data. (1 V.S.A. § 317)

Use: This is an agency specific record schedule (SRS). The agency (State's Attorneys and Sheriffs, Dept. of) may develop its own internal policies and procedures to assure that the requirements outlined in this record schedule are being applied across the agency. Records that need to be retained until OBSOLETE must be supported by an internal policy that clearly states a specific retention requirement that best meets the agency's administrative needs. Specific Record Schedule (SRS) numbers shall be cited in all internal policies to demonstrate compliance with 1 V.S.A. § 317a.

Exemptions: It is the policy of Title 1, Chapter 5, Subchapter 3 of Vermont Statutes Annotated to provide for free and open examination of records consistent with Chapter 1, Article 6 of the Vermont Constitution. All people, however, have a right to privacy in their personal and economic pursuits, which ought to be protected unless specific information is needed to review the action of a governmental officer. Some records listed on this record schedule may be exempt from public inspection and copying for this reason. Security measures to protect records and information from unauthorized access, use, and disclosure are necessary if the records are exempt pursuant to 1 V.S.A. §§ 315-320. Please see Appendix B for Access Requirements and Appendix E for related legal references regarding exemptions from public inspection and copying.

Retention: This agency specific record schedule reflects the retention and disposition requirements for the following records regardless of their media, format, or mode of transmission. Duplicate records within the same agency that are used for specific legal, fiscal, or administrative purposes may be either retained using the retention requirement listed in this schedule or in accordance to an internal policy. Any copies of records made only for convenience of reference or informational purposes may be discarded when no longer needed unless otherwise directed through an internal policy. Duplicates or copies of records shall not be retained longer than the original records.

STATE OF VERMONT SPECIFIC RECORD SCHEDULE Vermont State Archives and Records AdministrationVermont Office of the Secretary of State

Published: 4/26/2013 www.vermont-archives.org/records/schedulesIssued to: State's Attorneys and Sheriffs, Dept. of

AGENCY SPECIFIC RECORD SCHEDULE FOR: State's Attorneys and Sheriffs, Dept. of

DateBram Kranichfeld, Executive Director / State's Attorneys and Sheriffs, Dept. of

Adopted by:

Page 1 of 33

rachel.muse

Text Box

Signature on file. Approved by Dept. of State's Attorneys and Sheriffs Director Bram Kranichfeld on 4/25/13.

STATE OF VERMONT SPECIFIC RECORD SCHEDULE

SPECIFIC RECORDKEEPING REQUIREMENTS for SRS-1485.1113 (see APPENDIX E for related legal references)

Record Category/Type: Applicability/Use: Retention/Disposition:Appraised Value:

SRS-1485.1113: CHINS Case Files

SRS-1485.1113: This schedule is reserved for recorded evidence of activities and transactions that relate to or affect, in a specific manner, the commencement and continuance of legal actions in the family division of the superior court under the authority of the juvenile judicial proceedings chapters as related to children in need of care or supervision (CHINS). For records related to juvenile delinquency case files, use SRS-1486.1129 (Juvenile Delinquency Case Files).

Retention: Retain substantive correspondence, depositions, discovery, evidence, orders, petitions, plans, and reports related to children in need of care or supervision (CHINS) litigation for three (3) years after the juvenile's eighteenth (18) birthday; cases are considered closed after the juvenile is eighteen (18) years of age.

Agreements and waivers shall be retained for three (3) years after they expire, then destroyed.

Registers or similar systems that provide for the systematic and regular recording of activities related to CHINS litigation shall be retained until the system is superseded and then appraised by the Vermont State Archives and Records Administration for continuing value.

Other records shall be retained as specified in this schedule with the exception of transitory records. Transitory records created or received as part of CHINS litigation may be weeded as appropriate in accordance with GRS-1000.1000 (Transitory Records.)

Public Access: Exempt

Classification: Children in need of care or supervision (Litigating)

Use for written arrangements or stipulations between parties regarding custody of a child or other courses of action.

RETAIN UNTIL: Expired

THEN: Destroy (Shred)

PLUS: 3 Year(s)

Temporary (Legal)

Agreements

SRS-1485.1113.5


Use for lists in which items can be compared, scheduled, verified, or identified. Includes face sheets and intake forms.

RETAIN UNTIL: Completed/Closed


PLUS: 1 Year(s)

Temporary (Legal)

Checklists

SRS-1485.1113.22


Page 2 of 33


Use for correspondence that has significant value and/or is essential to supporting a final decision.



PLUS: 3 Year(s)

Temporary (Legal)

Correspondence (Substantive)

SRS-1485.1113.53


Use for testimonies of witnesses, under oath or affirmation, including affidavits.



PLUS: 3 Year(s)

Temporary (Legal)

Depositions

SRS-1485.1113.107


Use for documentary information gathered as part of an investigation, including background checks. For information used as part of a judicial proceeding, use "Evidence."



PLUS: 3 Year(s)

Temporary (Legal)

Discovery

SRS-1485.1113.174


Use for documentary information presented at a judicial proceeding for the purpose of establishing the conditions of the child's welfare. Includes transcripts from hearings.



PLUS: 3 Year(s)

Temporary (Legal)

Evidence

SRS-1485.1113.136


Use for brief statements of a fact or experience, written down for review, or as an aid to memory, or to inform someone else.



PLUS: 1 Year(s)

Temporary (Legal)

Notes

SRS-1485.1113.60


Use for formal announcements, notifications, or warnings that are required by law.



PLUS: 1 Year(s)

Temporary (Legal)

Notices, Legal

SRS-1485.1113.50


Use for directions or commands delivered by the court or other adjudicative body and entered into the record. Includes any decisions, dispositions, or writs.



PLUS: 3 Year(s)

Temporary (Legal)

Orders

SRS-1485.1113.63


Use for formal written applications or motions made to a court on behalf of the welfare of a child.



PLUS: 3 Year(s)

Temporary (Legal)

Petitions

SRS-1485.1113.67


Page 3 of 33


Use for reports describing a course of action, including case plans.



PLUS: 3 Year(s)

Temporary (Legal)

Plans (reports)

SRS-1485.1113.69


Use for registers, databases, and similar systems that provide for the systematic and regular recording of activities related to CHINS litigation. Includes case management systems.

RETAIN UNTIL: Superseded

THEN: Confirm

PLUS: 0 Year(s)

Conditional Archival

Registers

SRS-1485.1113.81


Use for official or formal statements of facts or proceedings. Includes incident reports and post disposition reviews.



PLUS: 3 Year(s)

Temporary (Legal)

Reports

SRS-1485.1113.144


Use for general written expressions or demands for assistance, services, actions, or acknowledgments. For formal motions or petitions, use "Petitions."



PLUS: 1 Year(s)

Temporary (Legal)

Requests

SRS-1485.1113.139


Use for instruments delivered by a sheriff or other appropriate party, notifying a person that a court action has been commenced and that the person is required to appear in court on the day named to answer the complaint.



PLUS: 1 Year(s)

Temporary (Legal)

Subpoenas

SRS-1485.1113.121


Use for supplemental records created or received as part of the CHINS litigation process that are considered relevant to the case but not specified elsewhere in this schedule.



PLUS: 1 Year(s)

Temporary (Legal)

Supporting material

SRS-1485.1113.36


Use for written statements renunciating, abandoning, or surrendering some legal claim, right or privilege.



PLUS: 3 Year(s)

Temporary (Legal)

Waivers

SRS-1485.1113.150


SRS-1485.1113 was approved by the Vermont State Archivist on 4/19/2013.

Page 4 of 33




SRS-1486.1129: Juvenile Delinquency Case Files

SRS-1486.1129: This schedule is reserved for recorded evidence of activities and transactions that relate to or affect, in a specific manner, the commencement and continuance of legal actions in the family division of the superior court under the authority of the juvenile judicial proceedings chapters as related to juvenile delinquency . For CHINS case files use SRS-1485.1113 (CHINS Case Files).

Retention: Retain complaints, substantive correspondence, declarations, depositions, discovery, evidence, orders, petitions, plans, pleadings, referrals, reports, and warrants related to juvenile delinquency prosecution for four (4) years after the juvenile's eighteenth (18) birthday, then destroy by shredding; cases are considered closed after the juvenile is eighteen (18) years of age.

Agreements and waivers shall be retained for four (4) years after they expire, then destroyed.

Registers or similar systems that provide for the systematic and regular recording of activities related to juvenile delinquency prosecution shall be retained until the system is superseded and then appraised by the Vermont State Archives and Records Administration for continuing value.

Other records shall be retained as specified in this schedule with the exception of transitory records. Transitory records created or received as part of the misdemeanor prosecution process may be weeded as appropriate in accordance with GRS-1000.1000 (Transitory Records.)

NOTE: Physical evidence should not be included in Juvenile Delinquency Case Files.


Classification: Delinquent children (Prosecuting)

Use for written arrangements between parties regarding a course of action. Includes court diversion project agreements.



PLUS: 4 Year(s)

Temporary (Legal)

Agreements

SRS-1486.1129.5


Use for lists in which items can be compared, scheduled, verified, or identified. Includes face sheets, intake forms, and criminal case checklists.



PLUS: 1 Year(s)

Temporary (Legal)

Checklists

SRS-1486.1129.22


Page 5 of 33


Use for written expressions that formally set forth the basis upon which a juvenile is charged with an offense.



PLUS: 4 Year(s)

Temporary (Legal)

Complaints

SRS-1486.1129.24





PLUS: 4 Year(s)

Temporary (Legal)


SRS-1486.1129.53


Use for formal statements intended to testify to a right or document a fact. Includes victim impact statements. Use "Depositions" for testimony of witnesses.



PLUS: 4 Year(s)

Temporary (Legal)

Declarations

SRS-1486.1129.32


Use for testimonies of witnesses, under oath or affirmation, including affidavits. For formal statements not under oath, use "Declarations."



PLUS: 4 Year(s)

Temporary (Legal)

Depositions

SRS-1486.1129.107


Use for documentary information gathered as part of an investigation, including criminal background checks. For information used as part of a judicial proceeding, use "Evidence."



PLUS: 4 Year(s)

Temporary (Legal)

Discovery

SRS-1486.1129.174


Use for documentary information presented at a judicial proceeding for the purpose of establishing the truth or falsity of an allegation or fact. Includes transcripts from hearings and trials. Does not include physical evidence.



PLUS: 4 Year(s)

Temporary (Legal)

Evidence

SRS-1486.1129.136





PLUS: 1 Year(s)

Temporary (Legal)

Notes

SRS-1486.1129.60





PLUS: 1 Year(s)

Temporary (Legal)

Notices, Legal

SRS-1486.1129.50


Page 6 of 33





PLUS: 4 Year(s)

Temporary (Legal)

Orders

SRS-1486.1129.63


Use for formal written applications or motions made to a court requesting action on certain matters.



PLUS: 4 Year(s)

Temporary (Legal)

Petitions

SRS-1486.1129.67


Use for reports describing a course of action, including case plans.



PLUS: 4 Year(s)

Temporary (Legal)

Plans (reports)

SRS-1486.1129.69


Use for written statements of claims and defenses by parties in a judicial proceeding.



PLUS: 4 Year(s)

Temporary (Legal)

Pleadings

SRS-1486.1129.126


Use for written recommendations submitted to an authority or professional group or person for arbitration, decision, or examination.



PLUS: 4 Year(s)

Temporary (Legal)

Referrals

SRS-1486.1129.153


Use for registers, databases, and similar systems that provide for the systematic and regular recording of activities related to juvenile delinquency prosecution. Includes case management systems.


THEN: Confirm

PLUS: 0 Year(s)


Registers

SRS-1486.1129.81


Use for official or formal statements of facts or proceedings. Includes incident reports.



PLUS: 4 Year(s)

Temporary (Legal)

Reports

SRS-1486.1129.144


Use for general written expressions, applications, or demands for assistance, services, actions, or acknowledgments. For formal motions or petitions, use "Petitions."



PLUS: 1 Year(s)

Temporary (Legal)

Requests

SRS-1486.1129.139


Page 7 of 33





PLUS: 1 Year(s)

Temporary (Legal)

Subpoenas

SRS-1486.1129.121


Use for supplemental records created or received as part of the juvenile delinquency prosecution process that are considered relevant to the case but not specified elsewhere in this schedule.



PLUS: 1 Year(s)

Temporary (Legal)

Supporting material

SRS-1486.1129.36


Use for written statements renunciating, abandoning, or surrendering some legal claim, right, or privilege.



PLUS: 4 Year(s)

Temporary (Legal)

Waivers

SRS-1486.1129.150


Use for documents that serve as an authorization, especially judicial writs authorizing an officer to make search, seizure, or arrest, or to execute a judgment.



PLUS: 4 Year(s)

Temporary (Legal)

Warrants

SRS-1486.1129.102



Page 8 of 33




SRS-1531.1129: Misdemeanor Case Files

SRS-1531.1129: This schedule is reserved for recorded evidence of activities and transactions that relate to or affect, in a specific manner, the commencement and continuance of legal actions against misdemeanors, defined as any offense whose maximum term of imprisonment is not more than two years, nor is punishable by death. For nonviolent felonies, use SRS-1535.1129 (Nonviolent Felony Case Files). For violent felonies, use SRS-1536.1129 (Violent Felony Case Files).

Retention: With the exception of registers, agreements, legal notices, requests, supporting materials, checklists, and notes, retain all records until the case is completed/closed, plus six (6) years, then destroy.

Agreements shall be retained until they expire, plus six (6) years, then destroyed.

Registers or similar systems that provide for the systematic and regular recording of activities related to misdemeanor prosecution shall be retained until the system is superseded and then appraised by the Vermont State Archives and Records Administration for continuing value.

Other records shall be retained as specified in this schedule with the exception of transitory records. Transitory records created or received as part of the misdemeanor prosecution process may be weeded as appropriate in accordance with GRS-1000.1000 (Transitory Records.)

NOTE: Physical evidence should not be included in Misdemeanor Case Files.

Public Access: Redact

Classification: Misdemeanors (Prosecuting)

Use for written arrangements between parties regarding a course of action. Includes court diversion project agreements.



PLUS: 6 Year(s)

Temporary (Legal)

Agreements

SRS-1531.1129.5



RETAIN UNTIL: Obsolete


PLUS: 0 Year(s)

Temporary (Legal)

Checklists

SRS-1531.1129.22


Page 9 of 33


Use for written expressions that formally set forth the basis upon which a person is charged with an offense.



PLUS: 6 Year(s)

Temporary (Legal)

Complaints

SRS-1531.1129.24





PLUS: 6 Year(s)

Temporary (Legal)


SRS-1531.1129.53





PLUS: 6 Year(s)

Temporary (Legal)

Declarations

SRS-1531.1129.32


Use for testimony of witnesses, under oath or affirmation, including affidavits. Includes notes relating to depositions or testimony under oath. For formal statements not under oath, use "Declarations."



PLUS: 6 Year(s)

Temporary (Legal)

Depositions

SRS-1531.1129.107





PLUS: 6 Year(s)

Temporary (Legal)

Discovery

SRS-1531.1129.174





PLUS: 6 Year(s)

Temporary (Legal)

Evidence

SRS-1531.1129.136


Use for brief statements of a fact or experience, written down for review, as an aid to memory, or to inform someone else. For notes relating to depositions or testimony under oath, use "Depositions."



PLUS: 0 Year(s)

Temporary (Legal)

Notes

SRS-1531.1129.60





PLUS: 1 Year(s)

Temporary (Legal)

Notices, Legal

SRS-1531.1129.50


Page 10 of 33





PLUS: 6 Year(s)

Temporary (Legal)

Orders

SRS-1531.1129.63





PLUS: 6 Year(s)

Temporary (Legal)

Petitions

SRS-1531.1129.67





PLUS: 6 Year(s)

Temporary (Legal)

Pleadings

SRS-1531.1129.126


Use for written recommendations submitted to an authority or professional group or person for arbitration, decision, or examination.



PLUS: 6 Year(s)

Temporary (Legal)

Referrals

SRS-1531.1129.153


Use for registers, databases, and similar systems that provide for the systematic and regular recording of activities related to misdemeanor prosecution. Includes case management systems.


THEN: Confirm

PLUS: 0 Year(s)


Registers

SRS-1531.1129.81





PLUS: 6 Year(s)

Temporary (Legal)

Reports

SRS-1531.1129.144


Use for general written expressions, applications, or demands for assistance, services, actions, or acknowledgments. For formal motions or petitions, use "Petitions."



PLUS: 1 Year(s)

Temporary (Legal)

Requests

SRS-1531.1129.139





PLUS: 6 Year(s)

Temporary (Legal)

Subpoenas

SRS-1531.1129.121


Page 11 of 33


Use for supplemental records created or received as part of the misdemeanor prosecution process that are considered relevant to the case but not specified elsewhere in this schedule.



PLUS: 1 Year(s)

Temporary (Legal)

Supporting material

SRS-1531.1129.36





PLUS: 6 Year(s)

Temporary (Legal)

Waivers

SRS-1531.1129.150


Use for documents that serve as an authorization, especially judicial writs authorizing an officer to make a search, seizure, or arrest, or to execute a judgment.



PLUS: 6 Year(s)

Temporary (Legal)

Warrants

SRS-1531.1129.102



Page 12 of 33




SRS-1535.1129: Nonviolent Felony Case Files

SRS-1535.1129: This schedule is reserved for recorded evidence of activities and transactions that relate to or affect, in a specific manner, the commencement and continuance of legal actions against nonviolent felonies, defined as any offense whose maximum term of imprisonment is more than two years and which is not a violent crime or an offense involving sexual exploitation of children. For violent felonies, use SRS-1536.1129 (Violent Felony Case Files). For misdemeanors, use SRS-1531.1129 (Misdemeanor Case Files).

Retention: With the exception of registers, legal notices, requests, subpoenas, supporting materials, checklists, and notes, retain all records until the case is completed/closed, plus six (6) years, then destroy by shredding, unless the case is considered major or significant. For major or significant cases, contact the Vermont State Archives and Records Administration (VSARA) for further appraisal; records must meet the criteria of major or significant in "Vermont Archival Records" to be identified as permanent (archival).

Registers or similar systems that provide for the systematic and regular recording of activities related to nonviolent felony prosecution shall be retained until the system is superseded and then appraised by the Vermont State Archives and Records Administration for continuing value.

Other records shall be retained as specified in this schedule with the exception of transitory records. Transitory records created or received as part of the misdemeanor prosecution process may be weeded as appropriate in accordance with GRS-1000.1000 (Transitory Records).

NOTE: Physical evidence should not be included in Nonviolent Felony Case Files.


Classification: Nonviolent felonies (Prosecuting)

Use for written arrangements between parties regarding a course of action. Includes court diversion project agreements and felony status conference stipulations.


THEN: Weed

PLUS: 6 Year(s)


Agreements

SRS-1535.1129.5





PLUS: 0 Year(s)

Temporary (Legal)

Checklists

SRS-1535.1129.22


Page 13 of 33




THEN: Weed

PLUS: 6 Year(s)


Complaints

SRS-1535.1129.24




THEN: Weed

PLUS: 6 Year(s)



SRS-1535.1129.53




THEN: Weed

PLUS: 6 Year(s)


Declarations

SRS-1535.1129.32


Use for testimony of witnesses, under oath or affirmation, including affidavits. For formal statements not under oath, use "Declarations."


THEN: Weed

PLUS: 6 Year(s)


Depositions

SRS-1535.1129.107


Use for documentary information gathered as part of investigation, including criminal background checks. For information used as part of a judicial proceeding, use "Evidence."


THEN: Weed

PLUS: 6 Year(s)


Discovery

SRS-1535.1129.174




THEN: Weed

PLUS: 6 Year(s)


Evidence

SRS-1535.1129.136





PLUS: 0 Year(s)

Temporary (Legal)

Notes

SRS-1535.1129.60





PLUS: 1 Year(s)

Temporary (Legal)

Notices, Legal

SRS-1535.1129.50


Page 14 of 33




THEN: Weed

PLUS: 6 Year(s)


Orders

SRS-1535.1129.63




THEN: Weed

PLUS: 6 Year(s)


Petitions

SRS-1535.1129.67




THEN: Weed

PLUS: 6 Year(s)


Pleadings

SRS-1535.1129.126


Use for written recommendations submitted to an authority or professional group or person for arbitration, decision, or examination, particularly in the instance of case transferrals between courts or other adjudicative body.


THEN: Weed

PLUS: 6 Year(s)


Referrals

SRS-1535.1129.153


Use for registers, databases, and similar systems that provide for the systematic and regular recording of activities related to nonviolent felony prosecution. Includes case management systems.


THEN: Confirm

PLUS: 0 Year(s)


Registers

SRS-1535.1129.81




THEN: Weed

PLUS: 6 Year(s)


Reports

SRS-1535.1129.144


Use for general written expressions or demands for assistance, services, actions, or acknowledgements. For formal motions or petitions, use "Petitions."



PLUS: 1 Year(s)

Temporary (Legal)

Requests

SRS-1535.1129.139





PLUS: 1 Year(s)

Temporary (Legal)

Subpoenas

SRS-1535.1129.121


Page 15 of 33


Use for supplemental records created or received as part of the nonviolent felony prosecution process that are considered relevant to the case but not specified elsewhere in this schedule.



PLUS: 1 Year(s)

Temporary (Legal)

Supporting material

SRS-1535.1129.36





PLUS: 6 Year(s)

Temporary (Legal)

Waivers

SRS-1535.1129.150





PLUS: 6 Year(s)

Temporary (Legal)

Warrants

SRS-1535.1129.102



Page 16 of 33




SRS-1536.1129: Violent Felony Case Files

SRS-1536.1129: This schedule is reserved for recorded evidence of activities and transactions that relate to or affect, in a specific manner, the commencement and continuance of legal actions against violent felonies, defined as any offense whose maximum term of imprisonment is more than two years, for life, or which may be punished by death, and is a listed crime or an offense involving sexual exploitation of children. For nonviolent felonies, use SRS-1535.1129 (Nonviolent Felony Case Files). For misdemeanors use SRS-1531.1129 (Misdemeanor Case Files).

Retention: With the exception of checklists, notes, legal notices, registers, requests, subpoenas, supporting materials, waivers and warrants, retain all records for the life of the offender, plus six (6) years, and then destroy unless the case is considered major or significant. For major or significant cases, contact the Vermont State Archives and Records Administration (VSARA) for further appraisal; records must meet the criteria of major or significant in "Vermont Archival Records" to be identified as permanent (archival).

Registers or similar systems that provide for the systematic and regular recording of activities related to violent felony prosecution shall be retained until the system is superseded and then appraised by the Vermont State Archives and Records Administration for continuing value.

All other records shall be retained as specified in this schedule with the exception of transitory records. Transitory records created or received as part of the felony prosecution process may be weeded as appropriate in accordance with GRS-1000.1000 (Transitory Records).

NOTE: Physical evidence should not be included in Violent Felony Case Files.


Classification: Violent felonies (Prosecuting)

Use for written arrangements between parties regarding a course of action. Includes court diversion project agreements and felony status conference stipulations.

RETAIN UNTIL: Life of Asset Ends

THEN: Weed

PLUS: 6 Year(s)


Agreements

SRS-1536.1129.5





PLUS: 0 Year(s)

Temporary (Legal)

Checklists

SRS-1536.1129.22


Page 17 of 33




THEN: Weed

PLUS: 6 Year(s)


Complaints

SRS-1536.1129.24




THEN: Weed

PLUS: 6 Year(s)



SRS-1536.1129.53




THEN: Weed

PLUS: 6 Year(s)


Declarations

SRS-1536.1129.32


Use for testimony of witnesses, under oath or affirmation, including affidavits. For formal statements not under oath, use "Declarations."


THEN: Weed

PLUS: 6 Year(s)


Depositions

SRS-1536.1129.107




THEN: Weed

PLUS: 6 Year(s)


Discovery

SRS-1536.1129.174




THEN: Weed

PLUS: 6 Year(s)


Evidence

SRS-1536.1129.136





PLUS: 0 Year(s)

Temporary (Legal)

Notes

SRS-1536.1129.60





PLUS: 1 Year(s)

Temporary (Legal)

Notices, Legal

SRS-1536.1129.50


Page 18 of 33




THEN: Weed

PLUS: 6 Year(s)


Orders

SRS-1536.1129.63




THEN: Weed

PLUS: 6 Year(s)


Petitions

SRS-1536.1129.67




THEN: Weed

PLUS: 6 Year(s)


Pleadings

SRS-1536.1129.126


Use for written recommendations submitted to an authority or professional group or person for arbitration, decision, or examination, particularly in the instance of case transferrals between courts or other adjudicative body.


THEN: Weed

PLUS: 6 Year(s)


Referrals

SRS-1536.1129.153


Use for registers, databases, and systems that provide for the systematic and regular recording of activities related to violent felony prosecution. Includes case management systems.


THEN: Confirm

PLUS: 6 Year(s)


Registers

SRS-1536.1129.81




THEN: Weed

PLUS: 6 Year(s)


Reports

SRS-1536.1129.144


Use for general written expressions or demands for assistance, services, actions, or acknowledgments. For formal motions or petitions, use "Petitions."



PLUS: 1 Year(s)

Temporary (Legal)

Requests

SRS-1536.1129.139





PLUS: 1 Year(s)

Temporary (Legal)

Subpoenas

SRS-1536.1129.121


Page 19 of 33


Use for supplemental records created or received as part of the violent felony prosecution process that are considered relevant to the case but not specified elsewhere in this schedule.



PLUS: 1 Year(s)

Temporary (Legal)

Supporting material

SRS-1536.1129.36





PLUS: 6 Year(s)

Temporary (Legal)

Waivers

SRS-1536.1129.150





PLUS: 6 Year(s)

Temporary (Legal)

Warrants

SRS-1536.1129.102



Page 20 of 33


Appendix A: Appraisal Values

Appraisal Value Description Usage

An appraisal value establishes the usefulness or importance of a record after its original purpose has passed. The value of a record also dictates how it must be disposed after retention requirements are met (also see "Retention Requirements"). The appraisal values below represent categories of values that may be assigned to records following the record appraisal process. See "Vermont Archival Records" in the Archives and Records Management Handbook for conditions a record must meet to be appraised as "archival."

Conditional Archival Records may have archival value. Assigned to records that meet the conditions of a "Vermont Archival Record" under special conditions.

Permanent (Archival) Records have archival value. Assigned to records that meet the conditions of a "Vermont Archival Record" and are therefore permanent (archival) records.

Temporary (Administrative)

Records have temporary administrative value. Assigned to records that do not meet the conditions of a "Vermont Archival Record" but are needed for administrative reasons.

Temporary (Legal) Records have temporary legal value. Assigned to records that do not meet the conditions of a "Vermont Archival Record" but have legal requirements governing their retention.

Unappraised Default value for records that have not been appraised. Assigned to records that have not been appraised and do not yet have retention or disposition requirements.

Page 21 of 33


Appendix B: Public Access RequirementsA public access requirement is the availability of a record for public use and inspection pursuant to 1 V.S.A. § § 315-320. Unless exempt from public inspection and copying pursuant to 1 V.S.A. § 317, records are expected to be promptly produced for public inspection upon request. Public agencies shall follow the procedure outlined in 1 V.S.A. § 318. The access requirements below represent actions agencies must take based on specific laws associated with the accessibility of their records. With general record schedules, the default requirement is always REVIEW unless it is clear that certain records or information within a record are exempt from public use and inspection pursuant to 1 V.S.A. § 317. Agencies using general record schedules should defer to their internal policies for specific access requirements.

Access Description Usage

Exempt Records shall not be provided for free and open examination pursuant to 1 V.S.A. §§ 315-320.

Assigned to records that are wholly exempt from public use and inspection pursuant to 1 V.S.A. § 317.

General Records may be provided for free and open examination pursuant to 1 V.S.A. §§ 315-320.

Assigned to records that are not exempt from public inspection and copying pursuant to 1 V.S.A. § 317.

Redact Records contain specific information that shall not be provided for free and open examination pursuant to 1 V.S.A. §§ 315-320.

Assigned to records that contain specific information that is exempt from public inspection and copying pursuant to 1 V.S.A. § 317 and require exempt information to be redacted from the records prior to public use, inspection and/or copying.

Review Records may be provided for free and open examination pursuant to 1 V.S.A. §§ 315-320 but not always. Default value for general schedules, which require agencies to establish internal policies.

Assigned to records that are generally not exempt from public inspection and copying pursuant to 1 V.S.A. § 317 but, in limited circumstances, may be exempt. Internal review and/or policy is required.

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Appendix C: Retention Requirements

Retention Description Usage

A retention requirement is the length of time a record must be retained by an agency before it may be destroyed or transferred to the State Archives or an agency archives (also see "Disposition Requirements"). The retention requirements below represent events or triggers that cause records to move from an active to inactive state. An "event" is tied to a specific time requirement: i.e. Retain Until "Calendar Year Ends" PLUS 3 Years.

Audit Complete Retain until an audit or verification is complete. Assigned to records that are actively used or needed until the information contained therein has been audited or verified.

Calendar Year Ends Retain until the end of the calendar year. Assigned to records that are actively used or needed until the end of the calendar year.

Completed/Closed Retain until the activity or process supported by the record is completed.

Assigned to records that are actively used or needed until the activity is formally completed, closed, or finalized (includes appeals).

Expired Retain until the conditions or requirements supported by the record are satisfied and no further action is needed.

Assigned to records that are actively used or needed until the conditions or requirements are satisfied and complete.

Fiscal Year Ends Retain until the end of the fiscal year. Assigned to records that are actively used or needed until the end of the fiscal year.

Life of Asset Ends Retain for the life of the person, structure, object, organization, etc. that is the subject of the record.

Assigned to records that are actively used or needed for the life of person, structure, object, organization, etc.

Obsolete Retain until the record is no longer needed and is valueless. Assigned to records that have limited administrative value and may be purged when they no longer have any administrative value. Agency must develop internal policy that states when records no longer have administrative value.

Superseded Retain until the record is superseded, updated, or revised. Assigned to records that will be superseded, updated, or revised.

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Appendix D: Disposition RequirementsA disposition requirement is how an agency must dispose of a record from its legal custody once retention requirements have been met. Disposition is based on the record's appraisal value. If the record has been appraised as non-archival it will be destroyed after retention requirements are met. If appraised as archival the record will be transferred to the State Archives or agency archives for permanent preservation and access. The disposition requirements below represent actions that an agency must take once a record has met its retention requirements.

Disposition Description Usage

Archives Retain permanently. These records are eligible for transfer to the State Archives or agency archives.

Assigned to records that have been appraised as having archival value and are therefore permanent records.

Confirm Confirm disposition with the Vermont State Archives and Records Administration after retention requirement has been met.

Assigned to records that are maintained in a centralized database or information system or are appraised as conditional archival.

Destroy (General) Destroy by recycling or deleting the record. Assigned to records that have been appraised as non-archival and are not exempt from public access. Agency discretion advised for general record schedules.

Destroy (Shred) Destroy by shredding (includes electronic shredding). Assigned to records that have been appraised as non-archival and are exempt from public access or contain sensitive information.

Unappraised Default value for records that have not been appraised. Assigned to records that have not been appraised and do not yet have retention or disposition requirements.

Weed Separate records that meet the conditions of a "Vermont Archival Record" from those that do not (temporary).

Assigned to records that have been appraised as conditional archival. Upon weeding the temporary records from the archival records, transfer archival records to Archives and destroy temporary records.

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Appendix E: Legal ReferencesSRS-1485.1113: CHINS Case Files Review for Exemption?

No33 V.S.A. § 5105 Venue and change of venue [related to juvenile proceedings]

No33 V.S.A. § 5108 Authority to issue warrants [related to juvenile proceedings]

No33 V.S.A. § 5109 Subpoena [related to juvenile proceedings]

No33 V.S.A. § 5113 Modification or vacation of orders [related to juvenile proceedings]

No33 V.S.A. § 5115 Protective order [related to juvenile proceedings]

Yes33 V.S.A. § 5117 Records of juvenile judicial proceedings

Yes33 V.S.A. § 5119 Sealing of records [related to juvenile proceedings]

No33 V.S.A. § 5252 Request for emergency care order [related to delinquency proceedings]

No33 V.S.A. § 5254 Notice of emergency care order and temporary care hearing

No33 V.S.A. § 5255 Temporary care hearing [related to delinquency proceedings]

No33 V.S.A. § 5302 Request for emergency care order


No33 V.S.A. § 5307 Temporary care hearing [related to children in need of care or supervision]

Yes33 V.S.A. § 5309 Filing of a petition [related to children in need of care or supervision]

No33 V.S.A. § 5311 Service of summons and petition; no request for temporary care order

No33 V.S.A. § 5314 Filing of initial case plan [related to children in need of care or supervision]

No33 V.S.A. § 5317 Disposition hearing [related to children in need of care or supervision]

No33 V.S.A. § 5318 Disposition order [related to children in need of care or supervision]

NoV.R.C.P. 30 Depositions upon oral examination

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NoV.R.Cr.P. 15 Depositions

NoV.R.F.P. 2 Children in need of care or supervision

SRS-1486.1129: Juvenile Delinquency Case Files Review for Exemption?

No12 V.S.A. § 7103 Jurisdiction [related to Windsor County youth court]

No12 V.S.A. § 7104 Disposition [related to Windsor County youth court]

Yes3 V.S.A. § 163 Juvenile court diversion project

No33 V.S.A. § 5104 Retention of jurisdiction over youthful offenders

No33 V.S.A. § 5105 Venue and change of venue [related to juvenile proceedings]

No33 V.S.A. § 5108 Authority to issue warrants [related to juvenile proceedings]

No33 V.S.A. § 5109 Subpoena [related to juvenile proceedings]

No33 V.S.A. § 5113 Modification or vacation of orders [related to juvenile proceedings]

No33 V.S.A. § 5115 Protective order [related to juvenile proceedings]

Yes33 V.S.A. § 5117 Records of juvenile judicial proceedings

Yes33 V.S.A. § 5119 Sealing of records [related to juvenile proceedings]

Yes33 V.S.A. § 5201 Commencement of delinquency proceedings

No33 V.S.A. § 5202 Order of adjudication; noncriminal [related to delinquency proceedings]

No33 V.S.A. § 5203 Transfer from other courts

Yes33 V.S.A. § 5204 Transfer from juvenile court

No33 V.S.A. § 5221 Citation and notice to appear at preliminary hearing [related to juvenile delinquency]

Yes33 V.S.A. § 5222 Petition; contents [related to delinquency hearings]

No33 V.S.A. § 5223 Filing of petition [related to delinquency proceedings]

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No33 V.S.A. § 5225 Preliminary hearing; risk assessment [related to delinquency proceedings]

Yes33 V.S.A. § 5226 Notification of conditions of release to victim in delinquency proceedings

No33 V.S.A. § 5228 Constitutional protections for a child in delinquency proceedings

Yes33 V.S.A. § 5231 Disposition hearing [related to delinquency proceedings]

No33 V.S.A. § 5233 Victim's statement at disposition proceeding; victim notification [related to delinquency proceedings]

Yes33 V.S.A. § 5234 Rights of victims in delinquency proceedings involving a listed crime

No33 V.S.A. § 5252 Request for emergency care order [related to delinquency proceedings]


No33 V.S.A. § 5255 Temporary care hearing [related to delinquency proceedings]

No33 V.S.A. § 5257 Filing of initial case plan [related to delinquency proceedings]

No33 V.S.A. § 5266 Summons, apprehension, and detention of juvenile probationer

No33 V.S.A. § 5281 Motion in criminal division of superior court [related to transfer of youthful offender matter to family court]

Yes33 V.S.A. § 5282 Report from the department [related to delinquency proceedings]

Yes33 V.S.A. § 5283 Hearing in family court [related to delinquency proceedings]

No33 V.S.A. § 5286 Review prior to the age of 18 [related to delinquency proceedings]

No33 V.S.A. § 5287 Termination or continuance of probation [related to delinquency proceedings]

No33 V.S.A. § 5288 Rights of victims in youthful offender proceedings

No7 V.S.A. § 657 Minors misrepresenting age or procuring or possessing liquors; alcohol and driving education

NoV.R.Cr.P. 12.1 Notice of alibi, insanity or expert testimony


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YesV.R.Cr.P. 16.1 Disclosure to the prosecution

YesV.R.F.P. 1 Procedure for juvenile delinquency proceedings

SRS-1531.1129: Misdemeanor Case Files Review for Exemption?

No12 V.S.A. § 1664 Immunity of witnesses

No12 V.S.A. § 3963 Receipt and return of writ; notice to state's attorney or attorney general

No12 V.S.A. § 3970 Prisoner charged with crime, notice to state's attorney

No12 V.S.A. § 4988 Prosecution by state's attorney

No12 V.S.A. § 5705 Waiver; establishment of fines [related to snowmobile and boating violations]

No12 V.S.A. § 701 Summons

No13 V.S.A. § 2810 Commencement of civil action [related to distribution of obscene material to minors]

Yes13 V.S.A. § 3256 Testing for infectious diseases

No13 V.S.A. § 4508 When prosecution deemed commenced

No13 V.S.A. § 4638 Which state's attorney to prosecute

No13 V.S.A. § 4703 Payment of fees [related to search warrants]

No13 V.S.A. § 4821 Notice of hearing; procedures [related to insanity defense]

No13 V.S.A. § 5563 Victim notification [related to innocence protection]

No13 V.S.A. § 6565 Pleas [related to felonies and misdemeanors]

Yes13 V.S.A. § 7041 Deferred sentence [related to felonies and misdemeanors and expungement]

Yes13 V.S.A. § 7043 Restitution

No17 V.S.A. § 2616 Jurisdiction to prosecute criminal offenses

No20 V.S.A. § 2862 Assistance of state's attorney in investigation [related to the prevention and investigation of fires]

Page 28 of 33


No20 V.S.A. § 2869 Prosecution [related to prevention and investigation of fires]

No24 V.S.A. § 1974a Enforcement of civil ordinance violations

No24 V.S.A. § 364 Investigator

No24 V.S.A. § 367 Department of state's attorneys

No28 V.S.A. § 1503 Prisoner's request for final disposition-Article III

No28 V.S.A. § 252a Review of probation conditions

No28 V.S.A. § 809 Pardons; application; notice; hearing; decision

No3 V.S.A. § 127 Unauthorized practice

No3 V.S.A. § 160 State claims

Yes3 V.S.A. § 164 Adult court diversion project

Yes33 V.S.A. § 306 Administrative provisions [related to the department for children and families]

No4 V.S.A. § 1105 Answer to complaint; default

No7 V.S.A. § 104 Duties [related to liquor control board]

No7 V.S.A. § 237 Complaints and prosecutions [related to alcoholic beverages]

No7 V.S.A. § 565 Notice of seizure; hearing; fees

No9 V.S.A. § 2458 Restraining prohibited acts [related to consumer protection]

No9 V.S.A. § 2459 Assurance of discontinuance [related to consumer protection]

No9 V.S.A. § 2462 Action by state's attorney [related to consumer protection]

NoV.R.C.P. 59 New trials: amendment of judgments

NoV.R.Cr.P. 11 Pleas


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YesV.R.Cr.P. 16 Discovery by defendant


NoV.R.Cr.P. 23 Trial by jury or by the court

NoV.R.Cr.P. 35 Correction, reduction and modification of sentence

NoV.R.Cr.P. 4 Summons or arrest warrant upon indictment or information

SRS-1535.1129: Nonviolent Felony Case Files Review for Exemption?
















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No20 V.S.A. § 2862 Assistance of state's attorney in investigation [related to the prevention and investigation of fires]

No20 V.S.A. § 2869 Prosecution [related to prevention and investigation of fires]

No24 V.S.A. § 361 General duties [related to county officers]






Yes3 V.S.A. § 164 Adult court diversion project



NoV.R.Cr.P. 14 Severance of offenses or defendants







NoV.R.Cr.P. 7 The indictment and the information

SRS-1536.1129: Violent Felony Case Files Review for Exemption?


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No24 V.S.A. § 361 General duties [related to county officers]







Page 32 of 33



NoV.R.Cr.P. 14 Severance of offenses or defendants







NoV.R.Cr.P. 7 The indictment and the information

Page 33 of 33

Documents

Record Schedule: Dept. of State's Attorneys and …...SRS-1486.1129: This schedule is reserved for recorded evidence of activities and transactions that relate to or affect, in a specific