General Provisions

V.S.A. tit. 20, ch. 151, subch. 1

in effect

20 V.S.A. § 2351 Creation and purpose of Council

2351. Creation and purpose of Council (a) In order to promote and protect the health, safety, and welfare of the public, it is in the public interest to provide for the creation of the Vermont Criminal Justice Council. (b) The Council is created to: (1) encourage and assist municipalities, counties, and governmental agencies of this State in their efforts to improve the quality of law enforcement and citizen protection by maintaining a uniform standard of basic training for law enforcement applicants and in-service training for law enforcement officers; and (2) maintain statewide standards of law enforcement officer professional conduct by accepting and tracking complaints alleging officer unprofessional conduct, adjudicating charges of unprofessional conduct, and imposing sanctions on the certification of an officer who the Council finds has committed unprofessional conduct. (c) The Council shall offer and approve continuing programs of instruction in up-to-date methods of law enforcement and the administration of criminal justice. (d) It is the responsibility of the Council to encourage the participation of local governmental units in the program and to aid in the establishment of adequate training facilities. Added 1967, No. 189, § 1, eff. April 17, 1967; amended 1973, No. 225 (Adj. Sess.), § 1; 1979, No. 57, § 1; 1981, No. 104, § 2; 2011, No. 103 (Adj. Sess.), § 3; 2013, No. 141 (Adj. Sess.), § 1, eff. July 1, 2015; 2017, No. 56, § 1; 2019, No. 166 (Adj. Sess.), § 3, eff. Oct. 1, 2020.

20 V.S.A. § 2351a Definitions

2351a. Definitions As used in this chapter: (1) “Executive officer” means the highest-ranking law enforcement officer of a law enforcement agency. (2) “Law enforcement agency” means the employer of a law enforcement officer. (3) “Law enforcement officer” means a member of the Department of Public Safety who exercises law enforcement powers; a member of the State Police; a Capitol Police officer; a municipal police officer; a constable who exercises law enforcement powers; a motor vehicle inspector; an employee of the Department of Liquor and Lottery who exercises law enforcement powers; an investigator employed by the Secretary of State; a Board of Medical Practice investigator employed by the Department of Health; an investigator employed by the Attorney General or a State’s Attorney; a fish and game warden; a sheriff; a deputy sheriff who exercises law enforcement powers; a railroad police officer commissioned pursuant to 5 V.S.A. chapter 68, subchapter 8; a police officer appointed to the University of Vermont’s Department of Police Services; or the provost marshal or assistant provost marshal of the Vermont National Guard. (4) “Off-site training” means training provided off the premises of a law enforcement officer training school and approved by the Council under the provisions of section 2355 of this chapter. Added 2017, No. 56, § 1; amended 2019, No. 73, § 31; 2019, No. 130 (Adj. Sess.), § 2.

20 V.S.A. § 2352 Council membership

2352. Council membership (a)(1) The Vermont Criminal Justice Council shall consist of: (A) the Commissioners of Public Safety, of Corrections, of Motor Vehicles, of Fish and Wildlife, and of Mental Health; (B) the Attorney General; (C) the Executive Director of the Department of State’s Attorneys and Sheriffs; (D) the Executive Director of Racial Equity; (E) a member of the Vermont Troopers’ Association or its successor entity, elected by its membership; (F) a member of the Vermont Police Association, elected by its membership; (G) a member of the Chiefs of Police Association of Vermont, appointed by the President of the Association; (H) a member of the Vermont Sheriffs’ Association, appointed by the President of the Association; (I) a law enforcement officer, appointed by the President of the Vermont State Employees Association; (J) an employee of the Vermont League of Cities and Towns, appointed by the Executive Director of the League; (K) an individual appointed by the Executive Director of the Center for Crime Victim Services; (L) an individual appointed by the Executive Director of the Human Rights Commission; (M) an individual appointed by the Executive Director of the Vermont Network Against Domestic and Sexual Violence; and (N) seven public members, appointed by the Governor, who shall not be law enforcement officers or have a spouse, parent, child, or sibling who is a law enforcement officer, current legislators, or otherwise be employed in the criminal justice system. (i) At least one of these members shall be a mental health crisis worker. (ii) At least one of these members shall be an individual with a lived experience of a mental health condition or psychiatric disability. (iii) At least two of these members shall be chosen from among persons nominated by the Vermont chapters of the NAACP, and each of these members shall represent a different Vermont NAACP chapter. In order to assist the Governor in making these appointments, each Vermont chapter of the NAACP shall nominate at least three individuals for these gubernatorial appointments. (2) A member’s term shall be three years. (3) The Governor shall appoint the Chair of the Council from among the members set forth in subdivisions (1)(D) and (K)-(N) of this subsection. (b) Membership on the Council does not constitute the holding of an office for any purpose, and members of the Council shall not be required to take and file oaths of office before serving on the Council. (c) The members of the Council shall be entitled to receive per diem compensation and reimbursement of expenses as permitted under 32 V.S.A. § 1010 from monies appropriated to the Council. (d) A member of the Council shall not be disqualified from holding any public office or employment, and shall not forfeit any office or employment, by reason of his or her appointment to the Council, notwithstanding any statute, ordinance, or charter to the contrary. Added 1967, No. 189, § 2, eff. April 17, 1967; amended 1971, No. 120, § 46(a); 1973, No. 225 (Adj. Sess.), § 2; 1979, No. 57, § 2; 1983, No. 72; 2003, No. 119 (Adj. Sess.), § 1; 2013, No. 141 (Adj. Sess.), § 2; 2017, No. 56, § 1; 2019, No. 166 (Adj. Sess.), § 4, eff. Dec. 1, 2020.

20 V.S.A. § 2353 Repealed. 1973, No. 225 (Adj. Sess.), § 8.

20 V.S.A. § 2354 Council meetings

2354. Council meetings (a) The Council shall meet at least once in each quarter of each year. Special meetings may be called by the Chair or upon the written request of six members of the Council. (b) The Council shall adopt rules as to quorum and procedures with respect to the conduct of its meetings and other affairs. (c)(1) A member may designate in writing a person within his or her agency or association to attend a meeting or meetings of the Council. The designation shall be filed with the Chair of the Council. (2) A person so designated shall have the same voting rights and responsibilities as the member at such meeting or meetings, but that designee shall not automatically assume the member’s place as an officer of the Council. Added 1967, No. 189, § 4, eff. April 17, 1967; amended 1971, No. 120, § 46(b); 1973, No. 225 (Adj. Sess.), § 3; 1979, No. 57, § 3; 1991, No. 50, § 72a, eff. June 12, 1991; 2017, No. 56, § 1.

20 V.S.A. § 2355 Council powers and duties

2355. Council powers and duties (a) The Council shall adopt rules with respect to: (1) the approval, or revocation thereof, of law enforcement officer training schools and off-site training programs, which shall include rules to identify and implement alternate routes to certification aside from the training provided at the Vermont Police Academy; (2) minimum courses of study, attendance requirements, and equipment and facilities to be required at approved law enforcement officer training schools and off-site training programs; (3) minimum qualifications for instructors at approved law enforcement officer training schools and off-site training programs; (4) minimum basic training for law enforcement officers in each level of law enforcement officer certification and the time within which that training shall be completed; (5) [Repealed.] (6) minimum annual in-service training requirements for law enforcement officers in each level of law enforcement officer certification; (7) minimum courses of training for other criminal justice personnel; (8) categories or classifications of advanced in-service training programs and minimum courses of study and attendance requirements with respect to those categories or classifications; (9) recertification of persons who have not been employed as law enforcement officers for a three-year period; (10) a definition of criminal justice personnel and criminal justice training for purposes of this title; (11) the contents and application of the Law Enforcement Officers’ Code of Conduct; (12) permitting its Executive Director to grant up to a 60-day waiver to a law enforcement officer who has failed to meet the officer’s annual in-service training requirements but who is able to complete those training requirements within the time period permitted by the Executive Director; and (13) Advanced Roadside Impaired Driving Enforcement training programs and requirements for Levels I, II, and III law enforcement certification, including minimum hours of training, prerequisites, and time periods for completion. (b)(1) The Council shall conduct and administer training schools and offer courses of instruction for law enforcement officers and other criminal justice personnel. The Council shall offer courses of instruction for law enforcement officers in different areas of the State and shall strive to offer nonovernight courses whenever possible. (2) The Council may also offer the basic officer’s course for preservice students and educational outreach courses for the public, including firearms safety and use of force. (c)(1) The Council shall appoint, subject to the approval of the Governor, an Executive Director who shall be an exempt State employee and who shall hold office during the pleasure of the Council. (2)(A) The Executive Director shall perform such duties as may be assigned by the Council. (B) The Executive Director may appoint officers, employees, agents, and consultants as he or she may deem necessary and prescribe their duties, with the approval of the Council. (3) The Executive Director is entitled to compensation as established by law and reimbursement for expenses within the amounts available by appropriation. (d) The Council may, in addition: (1) accept and administer under this chapter and for its purposes contributions, capital grants, gifts, services, and other financial assistance from any individual, association, corporation, or other organization having an interest in criminal justice training, and from this State and the United States and any of their agencies and instrumentalities, corporate or otherwise; and (2) perform such other acts as may be necessary or appropriate to carry out the purposes of this chapter. (e) Any agency or department of State, county, or municipal government may, notwithstanding any provision of this chapter, engage in and pay for, from sums appropriated for that purpose, training activities for employees in addition to any minimum training required by the Council. (f) The Council shall charge participants or employers of participants in law enforcement training programs as follows: (1) The tuition fees for any of the basic training or annual in-service training required under section 2358 of this chapter shall be set forth in rules adopted by the Council. The tuition fees shall be set to reflect the actual costs for operation of the particular programs offered. The fees for basic training shall not be charged for persons employed by police agencies at the time of training. (2) The tuition fees for training not required under section 2358 of this chapter shall be set to reflect the actual costs for operation of the particular programs offered, with an additional $30.00 entrance exam fee assessed on all training, except educational outreach courses for the public. (g) The Council shall develop and maintain a comprehensive drug training program. Added 1967, No. 189, § 5, eff. April 17, 1967; amended 1971, No. 120, § 46(b), (c); 1973, No. 225 (Adj. Sess.), § 4; 1979, No. 57, § 4; 1987, No. 34, §§ 1, 2; 1993, No. 210 (Adj. Sess.), § 68; 1997, No. 61, § 70; 1999, No. 49, § 185; 2005, No. 72, § 6; 2007, No. 153 (Adj. Sess.), § 11; 2013, No. 141 (Adj. Sess.), § 3, eff. July 1, 2015; 2017, No. 56, § 1; 2019, No. 166 (Adj. Sess.), § 6, eff. Oct. 1, 2020; 2023, No. 75, § 4, eff. June 19, 2023; 2023, No. 124 (Adj. Sess.), § 1, eff. May 29, 2024.

20 V.S.A. § 2356 Repealed. 1979, No. 57, § 13(1).

20 V.S.A. § 2357 Powers and duties of the Executive Director

2357. Powers and duties of the Executive Director The Executive Director of the Council, on behalf of the Council, shall have the following powers and duties, subject to the supervision of the Council and to be exercised only in accordance with rules adopted under this chapter: (1) to approve, on applications made in advance, criminal justice personnel training programs and their lesson plans and instructors, to issue certificates of approval to those programs, and to revoke those approvals or certificates; (2) to certify, as qualified, instructors at approved criminal justice personnel training schools and to issue appropriate certificates to those instructors; (3) to certify criminal justice personnel who have satisfactorily completed approved training programs and to issue appropriate certificates to them; (4) to cause studies and surveys to be made relating to the establishment, operation, and approval of criminal justice training schools; (5) to consult and cooperate with law enforcement officer criminal justice training schools: (A) to recommend a course of study in crime prevention for law enforcement students; and (B) for the development of advanced in-service training programs for law enforcement officers, which shall include a course of study on crime prevention; (6) to consult and cooperate with universities, colleges, and institutes for the development of specialized courses of study including a course of study on crime prevention, where appropriate; (7) to consult and cooperate with other departments and agencies of the State and federal government concerned with criminal justice personnel training; (8) [Repealed.] (9) to perform such other acts as may be necessary or appropriate to carry out his or her powers and duties as set forth in this chapter; (10) to report to the Council at each regular meeting of the Council and at such other times as may be required; and (11) to approve and accept pre-service and military students for any of the basic training courses set forth in section 2358 of this chapter. Added 1967, No. 189, § 7, eff. April 17, 1967; amended 1969, No. 282 (Adj. Sess.), § 4; 1971, No. 120, § 46(b); 1973, No. 225 (Adj. Sess.), § 6; 1979, No. 57, § 5; 1993, No. 210 (Adj. Sess.), § 68; 2013, No. 141 (Adj. Sess.), § 4, eff. July 1, 2015.

20 V.S.A. § 2358 Minimum training standards; definitions

2358. Minimum training standards; definitions (a) Unless waived by the Council under standards adopted by rule, and notwithstanding any statute or charter to the contrary, no person shall exercise law enforcement authority as a law enforcement officer without completing a basic training course and annual in-service training within a time and manner prescribed by the Council by rule. (b) The Council shall offer or approve basic training and annual in-service training for each of the following three levels of law enforcement officer certification in accordance with the scope of practice for each level and shall determine by rule the scope of practice for each level in accordance with the provisions of this section: (1) Level I certification. (A) An applicant for certification as a Level I law enforcement officer shall first complete an off-site training program prior to entering and completing Level I basic training. Level I basic training shall include training to react to the circumstances described in subdivision (B) of this subdivision (1). (B)(i) The scope of practice of a Level I law enforcement officer shall be limited to security, transport, vehicle escorts, and traffic control, as those terms are defined by the Council, except that a Level I officer may react in the following circumstances if the officer determines that it is necessary to do any of the following: (I) protect an individual in the presence of the officer from the imminent infliction of serious bodily injury; (II) provide immediate assistance to an individual who has suffered or is threatened with serious bodily injury; (III) detain or arrest an individual who the officer reasonably believes has committed a crime in the presence of the officer; or (IV) detain or arrest an individual who the officer reasonably believes has committed a felony under Vermont law. (ii) If a Level I officer reacts to any of the circumstances described in subdivision (i) of this subdivision (B), he or she shall call upon an officer certified to respond and assume law enforcement authority over the incident. (2) Level II certification. (A) An applicant for certification as a Level II law enforcement officer shall first complete Level II basic training and may then become certified in a specialized practice area as set forth in subdivision (B)(ii) of this subdivision (2). Level II basic training shall include training to respond to calls regarding alleged crimes in progress and to react to the circumstances described in subdivision (B)(iii) of this subdivision (2). (B)(i) Except as provided in subdivisions (ii) and (iii) of this subdivision (B), the scope of practice of a Level II law enforcement officer shall be limited to investigating the following matters: (I) [Repealed.] (II) 7 V.S.A. § 658 (sale or furnishing to minors; enabling consumption by minors); (III) 13 V.S.A. chapter 7 (advertisements); (IV) 13 V.S.A. chapter 8 (humane and proper treatment of animals); (V) 13 V.S.A. §§ 505 (fourth degree arson), 508 (setting fires), and 509 (attempts); (VI) 13 V.S.A. chapter 19, subchapter 1 (riots); (VII) 13 V.S.A. §§ 1022 (noise in the nighttime), 1023 (simple assault), 1025 (recklessly endangering another person), 1026 (disorderly conduct), 1026a (aggravated disorderly conduct), 1027 (disturbing peace by use of telephone or other electronic communications), 1030 (violation of an abuse prevention order, an order against stalking or sexual assault, or a protective order concerning contact with a child), 1031 (interference with access to emergency services), 1042 (domestic assault), and 1062 (stalking); (VIII) 13 V.S.A. chapter 35 (escape); (IX) 13 V.S.A. chapter 41 (false alarms and reports); (X) 13 V.S.A. chapter 45 (flags and ensigns); (XI) 13 V.S.A. chapter 47 (frauds); (XII) 13 V.S.A. chapter 49 (fraud in commercial transactions); (XIII) 13 V.S.A. chapter 51 (gambling and lotteries); (XIV) 13 V.S.A. chapter 57 (larceny and embezzlement), except for subchapter 2 (embezzlement); (XV) 13 V.S.A. chapter 67 (public justice and public officers); (XVI) 13 V.S.A. chapter 69 (railroads); (XVII) 13 V.S.A. chapter 77 (trees and plants); (XVIII) 13 V.S.A. chapter 81 (trespass and malicious injuries to property); (XIX) 13 V.S.A. chapter 83 (vagrants); (XX) 13 V.S.A. chapter 85 (weapons); (XXI) 13 V.S.A. § 7559(d), (e), and (f) (violating condition of release); (XXII) 18 V.S.A. § 4230(a) (cannabis possession); (XXIII) 18 V.S.A. § 4231(a) (cocaine possession); (XXIV) 18 V.S.A. § 4232(a) (LSD possession); (XXV) 18 V.S.A. § 4233(a) (heroin possession); (XXVI) 18 V.S.A. § 4234(a) (depressant, stimulant, or narcotic drug possession); (XXVII) 18 V.S.A. § 4234a(a) (methamphetamine possession); (XXVIII) 18 V.S.A. § 4235(b) (hallucinogenic drug possession); (XXIX) 18 V.S.A. § 4235a(a) (ecstasy possession); (XXX) 18 V.S.A. § 4476 (drug paraphernalia offenses); (XXXI) 20 V.S.A. § 3132 (firework prohibitions); (XXXII) 21 V.S.A. § 692(c)(2) (criminal violation of stop-work order); (XXXIII) any misdemeanor set forth in Title 23 of the Vermont Statutes Annotated, except for 23 V.S.A. chapter 13, subchapter 13 (drunken driving), 23 V.S.A. § 3207a (snowmobiling under the influence), 23 V.S.A. § 3323 (boating under the influence), or 23 V.S.A. § 3506(b)(8) (operating an all-terrain vehicle under the influence); (XXXIV) any motor vehicle accident that includes property damage and injuries, as permitted by the Council by rule; (XXXV) any matter within the jurisdiction of the Judicial Bureau as set forth in 4 V.S.A. § 1102; (XXXVI) municipal ordinance violations; (XXXVII) any matter within the jurisdiction of a game warden or deputy game warden as set forth in 10 V.S.A. chapter 103, subchapter 4 (game wardens); and (XXXVIII) any matter within the scope of practice of a Level I law enforcement officer. (ii) In addition to the scope of practice permitted under subdivision (i) of this subdivision (B), a Level II law enforcement officer may also practice in additional areas approved in writing by the Council based on a special certification or training approved by the Council. (iii) Notwithstanding the limitations set forth in subdivisions (i) and (ii) of this subdivision (B), a Level II officer may respond to calls regarding alleged crimes in progress and may react in the following circumstances if the officer determines that it is necessary to do any of the following: (I) protect an individual in the presence of the officer from the imminent infliction of serious bodily injury; (II) provide immediate assistance to an individual who has suffered or is threatened with serious bodily injury; (III) detain or arrest an individual who the officer reasonably believes has committed a crime in the presence of the officer; or (IV) detain or arrest an individual who the officer reasonably believes has committed a felony under Vermont law. (iv) If a Level II officer responds to calls regarding alleged crimes in progress or reacts to any of the circumstances described in subdivision (iii) of this subdivision (B) and that response or reaction is outside the scope of his or her scope of practice, he or she shall call upon an officer certified to respond and assume law enforcement authority over the incident. (3) Level III certification. (A) An applicant for certification as a Level III law enforcement officer shall complete Level III basic training. (B) The scope of practice of a Level III law enforcement officer shall include all law enforcement authority. (c)(1) All programs required by this section shall be approved by the Council. (2) The Council shall structure its programs so that on and after July 1, 2021, a Level II certified officer may use portfolio experiential learning or College Level Examination Program (CLEP) testing in order to transition to Level III certification, without such an officer needing to restart the certification process. (3) Completion of a program shall be established by a certificate to that effect signed by the Executive Director of the Council. (d) [Repealed.] (e)(1) The criteria for all minimum training standards under this section shall include anti-bias training approved by the Vermont Criminal Justice Council and training on the State, county, or municipal law enforcement agency’s fair and impartial policing policy, adopted pursuant to subsection 2366(a) of this title. (2) [Repealed.] (3) In order to remain certified, law enforcement officers shall receive a refresher course on the training required by this subsection during every odd-numbered year in a program approved by the Vermont Criminal Justice Council designed to demonstrate achieved law enforcement officer competency in fair and impartial policing. (4) The Criminal Justice Council shall, on an annual basis, report to the Racial Disparities in the Criminal and Juvenile Justice System Advisory Panel regarding: (A) the adoption and implementation of the Panel’s recommended data collection methods and trainings and policies pursuant to 3 V.S.A. § 168(f)(2) and (3); (B) the incorporation of implicit bias training into the requirements of basic training pursuant to this subsection; and (C) the implementation of all trainings as required by this subsection. (f) [Repealed.] (g) The Council shall not offer or approve any training on the use of a chokehold as defined in section 2401 of this chapter, except for training designed to identify and prevent the use of chokeholds. Added 1967, No. 189, § 8, eff. April 17, 1967; amended 1969, No. 282 (Adj. Sess.), § 1; 1971, No. 120, § 46(b); 1973, No. 225 (Adj. Sess.), § 7; 1979, No. 57, § 6; 1981, No. 104, § 3; 1981, No. 118 (Adj. Sess.), eff. Feb. 19, 1982; 1987, No. 34, § 3; 1989, No. 297 (Adj. Sess.), § 2; 2003, No. 60, § 4; 2007, No. 195 (Adj. Sess.), § 8, eff. July 1, 2010; 2011, No. 103 (Adj. Sess.), § 4; 2011, No. 134 (Adj. Sess.), § 3; 2013, No. 141 (Adj. Sess.), § 5, eff. July 1, 2015; 2015, No. 62, § 6; 2015, No. 118 (Adj. Sess.), § 4, eff. May 23, 2016; 2015, No. 147 (Adj. Sess.), §§ 14, 25, eff. May 31, 2016; 2017, No. 54, § 2, eff. May 31, 2017; 2017, No. 56, § 1; 2017, No. 83, § 150; 2019, No. 164 (Adj. Sess.), § 20, eff. Oct. 7, 2020; 2019, No. 165 (Adj. Sess.), § 4a, eff. Oct. 7, 2020; 2019, No. 166 (Adj. Sess.), § 7, eff. Oct. 1, 2020; 2021, No. 27, § 3, eff. Oct. 1, 2021; 2021, No. 105 (Adj. Sess.), § 390, eff. July 1, 2022; 2023, No. 6, § 248, eff. July 1, 2023; 2023, No. 75, § 2, eff. June 19, 2023.

20 V.S.A. § 2359 Council services contingent on agency compliance

2359. Council services contingent on agency compliance (a) On and after January 1, 2022, a law enforcement agency shall be prohibited from having its law enforcement applicants or officers trained by the Police Academy or from otherwise using the services of the Council if the agency is not in compliance with the requirements for collecting roadside stop data under section 2366 of this chapter, the requirement to report to the Office of Attorney General death or serious bodily injuries under 18 V.S.A. § 7257a(b), or the requirement to adopt, follow, or enforce any policy required under this chapter. (b) The Council shall adopt procedures to enforce the requirements of this section, which may allow for waivers for agencies under a plan to obtain compliance with this section. Added 2019, No. 166 (Adj. Sess.), § 9, eff. Oct. 1, 2020.

20 V.S.A. § 2360 Repealed. 1971, No. 7, § 3.

20 V.S.A. § 2361 Additional training

2361. Additional training (a) Nothing in this chapter prohibits any law enforcement agency from providing additional training beyond basic training to its personnel where no certification is requested of or required by the Council or its Executive Director. (b) The executive officer of a law enforcement agency may seek certification from the Council for any in-service training he, she, or his or her designee may provide to law enforcement officers of his or her agency or of another agency, or both. Added 1979, No. 57, § 7; amended 2013, No. 141 (Adj. Sess.), § 6, eff. July 1, 2015; 2019, No. 166 (Adj. Sess.), § 10, eff. Oct. 1, 2020.

20 V.S.A. § 2362 Reports

2362. Reports (a) Within ten business days: (1) Elected constables. A town, village, or city clerk shall notify the Council, on a form provided by the Council, of the election, appointment to fill a vacancy under 24 V.S.A. § 963, expiration of term, or reelection of any constable. (2) Appointed constables and police chiefs. The legislative body of a municipality or its designee shall notify the Council of the appointment or removal of a constable or police chief. (3) Municipal police officers. A police chief appointed under 24 V.S.A. § 1931 shall notify the Council of the appointment or removal of a police officer under the police chief’s direction and control. (4) State law enforcement officers. The appointing authority of a State agency employing a law enforcement officer shall notify the Council of the appointment or removal of a law enforcement officer employed by that agency. (5) Sheriffs’ officers. A sheriff shall notify the Council of the appointment or removal of a deputy or other law enforcement officer employed by that sheriff’s department. (b) Notification required by this section shall include the name of the constable, police chief, police officer, deputy, or other law enforcement officer, the date of appointment or removal, and the term of office or length of appointment, if any. (c) A report required by this section may be combined with any report required under subchapter 2 of this chapter. Added 1979, No. 57, § 8; amended 2009, No. 14, § 1; 2017, No. 56, § 1, eff. July 1, 2018.

20 V.S.A. § 2362a Potential hiring agency; duty to contact current or former agencies

2362a. Potential hiring agency; duty to contact current or former agencies (a)(1) Prior to hiring a law enforcement officer, the executive officer of a potential hiring law enforcement agency shall: (A) require that officer to execute a written waiver that explicitly authorizes: (i) the officer’s current law enforcement agency employer to disclose its analysis of the officer’s performance at that agency, if the officer is still employed at that agency; or (ii) any previous law enforcement agency employers to disclose their analysis of the officer’s performance at that agency and the reason that officer is no longer employed by that agency, regardless of whether or not the officer is currently employed at an agency; and (B) contact all known previous law enforcement agencies to obtain the disclosures described in subdivisions (A)(i) and (ii) of this subdivision (1) and provide to the previous law enforcement agency a copy of the officer’s written waiver. (2) An officer who refuses to execute the written waiver shall not be hired by the potential hiring agency. (b)(1)(A) If that current or former agency is a law enforcement agency in this State, the executive officer of that current or former agency or designee shall disclose to the potential hiring agency in writing its analysis of the officer’s performance at that agency or the reason the officer is no longer employed by the former agency, as applicable. (B) The executive officer or designee shall send a copy of the disclosure to the officer at the same time he or she sends it to the potential hiring agency. (2) Such a current or former agency shall be immune from liability for its disclosure described in subdivision (1) of this subsection, unless such disclosure would constitute intentional misrepresentation or gross negligence. (c) A potential hiring agency that receives a disclosure under subsection (b) of this section shall keep the contents of that disclosure confidential. (d) A collective bargaining agreement between a law enforcement agency and the exclusive representative or bargaining agent of the law enforcement officers employed by that agency shall not include a prohibition on the exchange of information between the employing agency and another agency about an officer’s performance at the employing agency. Added 2017, No. 56, § 1; amended 2019, No. 166 (Adj. Sess.), § 11, eff. Oct. 1, 2020; 2023, No. 75, § 6, eff. June 19, 2023.

20 V.S.A. § 2363 Repealed. 2011, No. 63, § E.221.

20 V.S.A. § 2364 State Police, basic training

2364. State Police, basic training Basic training programs for Vermont State Police officers, including curriculum, location, duration, and selection of instructors and other personnel, shall be developed and conducted by the Commissioner of Public Safety and submitted to the Criminal Justice Council for approval in accordance with the minimum standards adopted by rule under this chapter. Added 1979, No. 57, § 17; amended 2021, No. 20, § 163.

20 V.S.A. § 2365 Domestic violence training; Domestic Violence Involving Law Enforcement Model Policy

2365. Domestic violence training; Domestic Violence Involving Law Enforcement Model Policy (a) In order to remain certified, law enforcement officers shall receive by 2011 at least eight hours of domestic violence training in a program approved by the Vermont Criminal Justice Council and the Vermont Network Against Domestic and Sexual Violence. (b) Law enforcement officers shall receive domestic violence retraining every two years in a program approved by the Vermont Criminal Justice Council. (c) The Vermont Police Academy shall employ a domestic violence trainer for the sole purpose of training Vermont law enforcement and related practitioners on issues related to domestic violence. (d)(1) On or before July 1, 2024, every State, county, and municipal law enforcement agency shall adopt the Domestic Violence Involving Law Enforcement Model Policy issued by the Vermont Law Enforcement Advisory Board. (2) On or before July 1, 2024, every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and is certified pursuant to section 2358 of this title shall adopt the Domestic Violence Involving Law Enforcement Model Policy issued by the Vermont Law Enforcement Advisory Board. (3) Agencies and constables referenced in subdivisions (1) and (2) of this subsection shall adopt any updated Domestic Violence Involving Law Enforcement Model Policy issued by Vermont Law Enforcement Advisory Board within six months following the issuance. Added 2007, No. 174 (Adj. Sess.), § 15; amended 2009, No. 156 (Adj. Sess.), § E.220.1, eff. June 3, 2010; 2011, No. 162 (Adj. Sess.), § E.220.4; 2015, No. 97 (Adj. Sess.), § 82; 2023, No. 74, §§ 1, 5a, eff. June 19, 2023.

20 V.S.A. § 2365a Search and rescue training

2365a. Search and rescue training A person shall receive search and rescue training approved by the Vermont Criminal Justice Council and the Vermont Search and Rescue Council as part of basic training in order to become certified as a law enforcement officer. Added 2013, No. 26, § 2, eff. May 13, 2013.

20 V.S.A. § 2365b Animal cruelty response training

2365b. Animal cruelty response training (a) As part of basic training in order to become certified as a Level II and Level III law enforcement officer, a person shall receive a training module on animal cruelty investigations as developed and approved by the Animal Cruelty Investigation Advisory Board and approved and administered by the Vermont Criminal Justice Council. (b) On or before December 31, 2023, humane officers as defined in 13 V.S.A. § 351(4)(B) shall complete an animal cruelty response training as developed and approved by the Animal Cruelty Investigation Advisory Board and approved and administered by the Vermont Criminal Justice Council. The Council shall provide the training only to designated humane society employees, animal control officers appointed by the legislative body of a municipality, and other humane officers as defined in 13 V.S.A. § 351(4). The trainings shall be conducted on a periodic basis by qualified instructors as determined by the Animal Cruelty Investigation Advisory Board. (c) The Animal Cruelty Investigation Advisory Board may elect to require that humane officers as defined in 13 V.S.A. § 351(4)(B) complete a refresher course on the training required by this section on a periodic basis. Such refresher training shall be developed and approved by the Animal Cruelty Investigation Advisory Board and approved and administered by the Vermont Criminal Justice Council. (d) On or before January 1, 2024 and annually thereafter, the Vermont Criminal Justice Council shall provide the Animal Cruelty Investigation Advisory Board with a list of the individuals that completed the trainings as required by this section. Added 2015, No. 155 (Adj. Sess.), § 5, eff. July 1, 2017; amended 2021, No. 38, § 3.

20 V.S.A. § 2366 Law enforcement agencies; fair and impartial policing policy; race data collection

2366. Law enforcement agencies; fair and impartial policing policy; race data collection (a)(1) On or before March 1, 2018, every State, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with section 2358 of this title shall adopt a fair and impartial policing policy that includes each component of the Criminal Justice Council’s model fair and impartial policing policy. Such agencies and constables may include additional restrictions on agency members’ communication and involvement with federal immigration authorities or communications regarding citizenship or immigration status. Agencies and constables may not adopt a policy that allows for greater communication or involvement with federal immigration authorities than is permitted under the model policy. (2) On or before January 1 of every even-numbered year, the Criminal Justice Council, in consultation with others, including the Attorney General and the Human Rights Commission, shall review and, if necessary, update the model fair and impartial policing policy. If the policy is updated, the Council, in consultation with the Office of the Attorney General, shall follow the procedure set forth in subsection (b) of this section and shall have six months after January 1 to complete that procedure. (b) The Criminal Justice Council, in consultation with the Office of the Attorney General, shall review the policies of law enforcement agencies and constables required to adopt a policy pursuant to subsection (a) of this section, to ensure those policies comply with subdivision (a)(1) of this section. If the Council, in consultation with the Office of the Attorney General, finds that a policy does not comply with subdivision (a)(1) of this section, it shall work with the law enforcement agency or constable to bring the policy into compliance. If, after consultation with the Council and the Office of the Attorney General, the law enforcement agency or constable fails to adopt a policy that complies with subdivision (a)(1) of this section on or before July 1, 2019, that agency or constable shall be deemed to have adopted, and shall follow and enforce, the model policy issued by the Council. A finding of compliance with subdivision (a)(1) shall not constitute a finding of compliance with any other applicable law. (c) Annually, as part of their annual training report to the Council, every State, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with section 2358 of this title shall report to the Council whether the agency or officer has adopted a fair and impartial policing policy in accordance with subsections (a) and (b) of this section. The Criminal Justice Council shall determine, as part of the Council’s annual certification of training requirements, whether current officers have received training on fair and impartial policing as required by subsection 2358(e) of this title. (d) Annually on or before July 1, the Criminal Justice Council shall report to the House and Senate Committees on Judiciary regarding which departments and officers have adopted a fair and impartial policing policy and whether officers have received training on fair and impartial policing. (e)(1) Every State, county, and municipal law enforcement agency shall collect roadside stop data consisting of the following: (A) the age, gender, and race of the driver; (B) the grounds for the stop; (C) the grounds for the search and the type of search conducted, if any; (D) the evidence located, if any; (E) the date, time, and location of the stop; and (F) the outcome of the stop, including whether physical force was employed or threatened during the stop, and if so, the type of force employed and whether the force resulted in bodily injury or death, and whether: (i) a written warning was issued; (ii) a citation for a civil violation was issued; (iii) a citation or arrest for a misdemeanor or a felony occurred; or (iv) no subsequent action was taken. (2) Law enforcement agencies shall work with the Executive Director of Racial Equity, the Criminal Justice Council, and a vendor chosen by the Council with the goals of collecting uniform data, adopting uniform storage methods and periods, and ensuring that data can be analyzed. Roadside stop data, as well as reports and analysis of roadside stop data, shall be public. (3) On or before September 1, 2016 and annually thereafter, law enforcement agencies shall provide the data collected under this subsection to the Executive Director of Racial Equity and the vendor chosen by the Criminal Justice Council under subdivision (2) of this subsection or, in the event the vendor is unable to continue receiving data under this section, to the Council. Law enforcement agencies shall provide the data collected under this subsection in an electronic format specified by the receiving entity. (4) The data provided pursuant to subdivision (3) of this subsection shall be posted electronically in a manner that is analyzable and accessible to the public on the receiving agency’s website and clear and understandable. The receiving agency shall also report the data annually, on or before December 1, to the House Committee on Government Operations and Military Affairs, the Senate Committee on Government Operations, the House and Senate Committees on Judiciary, and the Executive Director of Racial Equity. The report shall detail how the data is collected, how the data is accessible, how the data is used by the law enforcement agency, a review of the data to determine if additional data criteria is needed, and any recommendations to improve data collection and use. (5) As used in this subsection, “physical force” shall refer to the force employed by a law enforcement officer to compel a person’s compliance with the officer’s instructions that constitutes a greater amount of force than handcuffing a compliant person. (f) Nothing in this section is intended to prohibit or impede any public agency from complying with the lawful requirements of 8 U.S.C. §§ 1373 and 1644. To the extent any State or local law enforcement policy or practice conflicts with the lawful requirements of 8 U.S.C. §§ 1373 and 1644, that policy or practice is, to the extent of the conflict, abolished. Added 2011, No. 134 (Adj. Sess.), § 2; amended 2013, No. 193 (Adj. Sess.), § 3, eff. June 17, 2014; 2015, No. 147 (Adj. Sess.), § 26, eff. May 31, 2016; 2017, No. 54, § 4, eff. May 31, 2017; 2017, No. 54, § 6, eff. March 1, 2018; 2017, No. 113 (Adj. Sess.), § 141; 2019, No. 41, § 1, eff. May 30, 2019; 2019, No. 147 (Adj. Sess.), § 4, eff. July 13, 2020; 2021, No. 161 (Adj. Sess.), § 1, eff. July 1, 2022; 2023, No. 75, § 5, eff. June 19, 2023.

20 V.S.A. § 2367 Statewide policy; electronic control devices; reporting

2367. Statewide policy; electronic control devices; reporting (a) As used in this section: (1) “Electronic control device” means a device primarily designed to disrupt an individual’s central nervous system by means of deploying electrical energy sufficient to cause uncontrolled muscle contractions and override an individual’s voluntary motor responses. (2) “Law enforcement officer” means a sheriff, deputy sheriff, police officer, Capitol Police officer, State game warden, State Police officer, constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with section 2358 of this title, and a certified law enforcement officer employed by a State branch, agency, or department, including the Department of Motor Vehicles, the Agency of Natural Resources, the Office of the Attorney General, the Department of State’s Attorney, the Secretary of State, and the Department of Liquor and Lottery. (b) On or before January 1, 2015, the Law Enforcement Advisory Board shall establish a statewide policy on the use of and training requirements for the use of electronic control devices. Prior to any use of or intent to use an electronic control device, every State, county, municipal, or other law enforcement agency and every constable who is not employed by a law enforcement agency shall adopt this policy. If a law enforcement agency or officer was required to adopt a policy pursuant to this subsection but failed to do so on or before January 1, 2016, that agency or officer shall be deemed to have adopted, and shall follow and enforce, the model policy established by the Law Enforcement Advisory Board. The policy shall include the following provisions: (1) Electronic control devices are less-lethal, but not necessarily nonlethal, alternatives to lethal force. (2) Officers may deploy an electronic control device only: (A) against subjects who are exhibiting active aggression or who are actively resisting in a manner that, in the officer’s judgment, is likely to result in injuries to others or themselves; or (B) if, without further action or intervention by the officer, injuries to the subject or others will likely occur. (3) Neither an officer, a subject, or a third party has actually to suffer an injury before an officer is permitted to use an electronic control device, and officers are not required to use alternatives that increase the danger to the public or themselves. (4) When it is safe to do so, officers shall attempt to de-escalate situations and shall provide a warning prior to deploying an electronic control device. (5) Electronic control devices shall not be used in a punitive or coercive manner and shall not be used to awaken, escort, or gain compliance from passively resisting subjects. The act of fleeing or of destroying evidence, in and of itself, does not justify the use of an electronic control device. (6) The use of electronic control devices shall comply with all recommendations by manufacturers for the reduction of risk of injury to subjects, including situations where a subject’s physical susceptibilities are known. (7) Electronic control devices shall be used in a manner that recognizes the potential additional risks that can result from situations: (A) involving persons who are in an emotional crisis that may interfere with their ability to understand the consequences of their actions or to follow directions; (B) involving persons with disabilities whose disability may impact their ability to communicate with an officer, or respond to an officer’s directions; and (C) involving higher risk populations that may be more susceptible to injury as a result of electronic control devices. (8) Electronic control devices shall not be used on animals unless necessary to deter vicious or aggressive behavior that threatens the safety of officers or others. (c) The Criminal Justice Council shall adopt rules and develop training to ensure that the policies and standards of this section are met. The Criminal Justice Council shall ensure that a law enforcement officer receives appropriate and sufficient training before becoming authorized to carry or use an electronic control device. (d) On or before June 30, 2017, every State, county, municipal, or other law enforcement agency that employs one or more certified law enforcement officers shall ensure that all officers have completed the training established in 2004 Acts and Resolves No. 80, Sec. 13(a), and every constable who is not employed by a law enforcement agency shall have completed this training. (e) The Criminal Justice Council shall coordinate training initiatives with the Department of Mental Health related to law enforcement interventions, training for joint law enforcement and mental health crisis team responses, and enhanced capacity for mental health emergency responses. (f)(1) Every State, county, municipal, or other law enforcement agency and every constable who is not employed by a law enforcement agency shall report all incidents involving the use of an electronic control device to the Criminal Justice Council in a form to be determined by the Council. (2) Annually, on or before November 15, the Criminal Justice Council shall report to the House Committees on Government Operations and Military Affairs and on Judiciary and to the Senate Committees on Government Operations and on Judiciary all incidents from the prior 12 months involving the use of an electronic control device, a review of compliance with standards, the adequacy of training and certification requirements, and the adequacy of funding for mental health collaboration. (g) The Law Enforcement Advisory Board shall: (1) study and make recommendations as to whether officers authorized to carry electronic control devices should be required to wear body cameras; and (2) establish a policy on the calibration and testing of electronic control devices. (3), (4) [Repealed.] Added 2013, No. 180 (Adj. Sess.), § 1, eff. June 10, 2014; amended 2015, No. 118 (Adj. Sess.), § 5, eff. May 23, 2016; 2019, No. 73, § 32; 2025, No. 157 (Adj. Sess.), § 30, eff. July 1, 2026.

20 V.S.A. § 2368 Standards for law enforcement use of force

2368. Standards for law enforcement use of force (a) Definitions. As used in this section: (1) “Chokehold” means the use of any maneuver on a person that employs a lateral vascular neck restraint, carotid restraint, or other action that applies any pressure to the throat, windpipe, or neck in a manner that limits the person’s breathing or blood flow. (2) “Deadly force” means any use of force that creates a substantial risk of causing death or serious bodily injury. (3) “Force” means the physical coercion employed by a law enforcement officer to compel a person’s compliance with the officer’s instructions. (4) “Imminent threat of death or serious bodily injury” means when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the law enforcement officer or another person. An imminent threat is not merely a fear of future harm, no matter how great the fear and no matter how great the likelihood of the harm, but is one that, from appearances, must be immediately addressed and confronted. (5) “Law enforcement officer” has the same meaning as in section 2351a of this title. (6) “Totality of the circumstances” means the conduct and decisions of the law enforcement officer leading up to the use of force and all facts known to the law enforcement officer at the time, including the conduct of the person or persons involved. (b) Use of force. (1) Whether the decision by a law enforcement officer to use force was objectively reasonable shall be evaluated from the perspective of a reasonable officer in the same situation, based on the totality of the circumstances. A law enforcement officer’s failure to use feasible and reasonable alternatives to force shall be a consideration for whether its use was objectively reasonable. (2) A law enforcement officer shall use only the force objectively reasonable, necessary, and proportional to effect an arrest, to prevent escape, or to overcome resistance of a person the officer has reasonable cause to believe has committed a crime or to achieve any other lawful law enforcement objective. (3) The authority of law enforcement to use physical force is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life. Every person has a right to be free from excessive use of force by officers acting under authority of the State. (4) The decision by a law enforcement officer to use force shall be evaluated carefully and thoroughly, in a manner that reflects the gravity of that authority and the serious consequences of the use of force by law enforcement officers, in order to ensure that officers use force consistent with law and with agency policies. (5) When a law enforcement officer knows that a subject’s conduct is the result of a medical condition, mental impairment, developmental disability, physical limitation, language barrier, drug or alcohol impairment, or other factor beyond the subject’s control, the officer shall take that information into account in determining the amount of force appropriate to use on the subject, if any. (6) A law enforcement officer who makes or attempts to make an arrest need not retreat or desist from his or her efforts by reason of the resistance or threatened resistance of the person being arrested. A law enforcement officer shall not be deemed an aggressor or lose the right to self-defense by the use of proportional force if necessary in compliance with subdivision (2) of this subsection to effect the arrest or to prevent escape or to overcome resistance. For the purposes of this subdivision, “retreat” does not mean tactical repositioning or other de-escalation tactics. (7) A law enforcement officer has a duty to intervene when the officer observes another officer using a chokehold on a person. (c) Use of deadly force. (1) A law enforcement officer is justified in using deadly force upon another person only when, based on the totality of the circumstances, such force is objectively reasonable and necessary to: (A) defend against an imminent threat of death or serious bodily injury to the officer or to another person; or (B) apprehend a fleeing person for any felony that threatened or resulted in death or serious bodily injury if the officer reasonably believes that the person will cause death or serious bodily injury to another unless immediately apprehended. (2) The use of deadly force is necessary when, given the totality of the circumstances, an objectively reasonable law enforcement officer in the same situation would conclude that there was no reasonable alternative to the use of deadly force that would prevent death or serious bodily injury to the officer or to another person. (3) A law enforcement officer shall cease the use of deadly force as soon as the subject is under the officer’s control or no longer poses an imminent threat of death or serious bodily injury to the officer or to another person. (4) A law enforcement officer shall not use deadly force against a person based on the danger that person poses to himself or herself if an objectively reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the law enforcement officer or to another person. (5) When feasible, a law enforcement officer shall, prior to the use of force, make reasonable efforts to identify himself or herself as a law enforcement officer and to warn that deadly force may be used. (6) A law enforcement officer shall not use a chokehold on a person unless deadly force is justified pursuant to subdivisions (1)-(4) of this subsection. Added 2019, No. 165 (Adj. Sess.), § 1, eff. July 1, 2021; 2021, No. 27, § 1, eff. Oct. 1, 2021.

20 V.S.A. § 2369 Statewide policy; required use of body camera policy

2369. Statewide policy; required use of body camera policy (a)(1) On and after January 1, 2022, each law enforcement agency that authorizes its law enforcement officers to use body cameras shall adopt, follow, and enforce a model body camera policy established by the Council, and each law enforcement officer who uses a body camera shall comply with the provisions of that policy. (2) Until the date set forth in subdivision (1) of this subsection, each law enforcement agency that authorizes its law enforcement officers to use body cameras shall adopt, follow, and enforce the Model Body Worn Camera (BWC) Policy established by the Law Enforcement Advisory Board pursuant to 2016 Acts and Resolves No. 163, and each law enforcement officer who uses a body camera shall comply with the provisions of that policy. (b) The Council shall incorporate the provisions of this section into training it provides. Added 2019, No. 166 (Adj. Sess.), § 13, eff. Oct. 1, 2020.

20 V.S.A. § 2370 Record of case disposition

2370. Record of case disposition Each law enforcement agency shall maintain a record of all final judgments and settlements paid by the law enforcement agency for court claims related to alleged violations of constitutional rights established under the Constitution of the State of Vermont. All judgments, settlements, and their underlying complaints are subject to public disclosure unless an exemption applies pursuant to the Vermont Public Records Act. Any record disclosed shall include the name of the law enforcement agency and the monetary amount paid pursuant to the judgment or settlement. Added 2021, No. 126 (Adj. Sess.), § 1, eff. July 1, 2022.

20 V.S.A. § 2371 Statewide policy; Law Enforcement Officers’ Code of Conduct

2371. Statewide policy; Law Enforcement Officers’ Code of Conduct (a) Creation and modification of Code. The Council shall create, implement, and modify by rule a statewide policy known as the Law Enforcement Officers’ Code of Conduct or Code. This Code effectuates the principle that law enforcement officers serve the communities of Vermont and protect all persons against illegal acts in a manner consistent with the high degree of responsibility and respect for human dignity required by the profession. (b) Application. Each law enforcement officer, as a condition for obtaining and maintaining certification, shall comply with the provisions of the Law Enforcement Officers’ Code of Conduct. (c) Code contents. The Law Enforcement Officers’ Code of Conduct shall prohibit the following categories of conduct: (1) criminal conduct, including conduct defined as “Category A conduct” in section 2401 of this title; (2) untruthfulness, including in the course of criminal investigations, in law enforcement agencies’ internal affairs investigations, in Council investigations, in matters before a tribunal, and in the preparation, administration, or taking of any official examination conducted by a law enforcement agency of the Council; (3) misuse of official position, including: (A) sexual misconduct and harassment; (B) misuse of property and evidence; (C) solicitation, taking, and giving of bribes; and (D) use of electronic criminal records database for personal, political, or economic gain; (4) discrimination and biased enforcement; (5) unlawful use of force while on duty or under the authority of the State, pursuant to section 2368 of this title, including failure to intervene and report to a supervisor observation of unlawful use of force by another law enforcement officer; and (6) domestic violence, while on duty or off duty, including attempting to cause or causing physical harm to a family or household member, or placing a family or household member in fear of imminent serious physical harm, or violating the Domestic Violence Involving Law Enforcement Model Policy adopted pursuant to section 2365 of this title. (d) Supplemental professional conduct policies. (1) To the extent any provisions of this section or the adopted Code conflicts with the provisions of any law enforcement agency’s own policies, the provisions of this chapter and the adopted Code shall prevail. (2) A law enforcement agency may adopt additional professional conduct policies, provided that these are not in conflict with the provisions of this chapter or the adopted Code. Added 2023, No. 124 (Adj. Sess.), § 2, eff. Jan. 1, 2025; amended 2025, No. 18, § 29, eff. May 13, 2025.

20 V.S.A. § 2372 Statewide model policy; use of sealed criminal history records by law enforcement agencies

2372. Statewide model policy; use of sealed criminal history records by law enforcement agencies (a) As used in this section: (1) “Criminal history records” has the same meaning as in section 2056a of this title. (2) “Criminal justice purposes” has the same meaning as in section 2056a of this title. (3) “Law enforcement agency” has the same meaning as in section 2351a of this title. (b) On or before December 15, 2025, the Vermont Criminal Justice Council shall establish a statewide model policy governing the access and use of sealed criminal history records by Vermont law enforcement agencies. The purpose of the policy is to ensure consistent statewide application of law and practice regarding the access and use of sealed criminal history information for criminal justice purposes under 13 V.S.A. chapter 230, balancing the confidentiality of this information with legitimate criminal justice purposes. If a law enforcement agency or officer was required to adopt a policy pursuant to this subsection but failed to do so on or before March 15, 2026, that agency or officer shall be deemed to have adopted, and shall follow and enforce, the model policy established by the Criminal Justice Council. The policy shall govern the access and use of sealed criminal history records by all law enforcement officers in the State and shall include the following provisions consistent with 13 V.S.A. chapter 230: (1) define the types of sealed criminal history records that may be accessed and used, including sealed criminal history records contained in records of arrests and prosecutions, and sealed criminal history records contained in computer-aided dispatch and record management systems; (2) define a record-keeping system through which the law enforcement agency maintains records of each instance in which an officer has accessed or used a sealed criminal history record; and (3) comply with applicable State and federal law. (c) The Criminal Justice Council shall: (1) adopt rules to ensure that the policies and standards of this section are met; and (2) develop, publish, and periodically review the statewide model policy established pursuant to subsection (b) of this section. Added 2025, No. 60, § 5, eff. July 1, 2025.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/20/151Fetched: 10/21/2026