reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 114 - New England State Police Compact › § 1959. Construction and severability—Article IX

§ 1959. Construction and severability—Article IX
This Compact shall be liberally construed so as to effectuate the purpose thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any state or the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any state participating herein, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the state affected as to all severable matters. (Added 1967, No. 288 (Adj. Sess.), § 1, eff. March 15, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 114 - New England State Police Compact › § 1971. Administrator

§ 1971. Administrator
The Commissioner of Public Safety shall be the “administrative head of the state police department” for the purposes of the New England State Police Compact set forth in subchapter 1 of this chapter. (Added 1967, No. 288 (Adj. Sess.), § 2, eff. March 15, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 114 - New England State Police Compact › § 1972. Alternate representative

§ 1972. Alternate representative
The Commissioner of Public Safety may designate an alternate to serve in his or her place and stead on the New England State Police Administrators’ Conference as permitted by article III(b) and (c) of the New England State Police Compact; however, it is the intention of the General Assembly that the Commissioner shall attend and participate in the work of the Conference in person to the maximum extent practicable. (Added 1967, No. 288 (Adj. Sess.), § 3, eff. March 15, 1968.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2051. Creation of Center

§ 2051. Creation of Center
There shall be within the Department of Public Safety a center to be known as the Vermont Crime Information Center. It shall be the official State repository for all criminal records, records of the commission of crimes, arrests, convictions, photographs, descriptions, fingerprints, and such other information as the Commissioner deems pertinent to criminal activity. (Added 1969, No. 290 (Adj. Sess.), § 10; amended 2013, No. 119 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2053. Cooperation with other agencies

§ 2053. Cooperation with other agencies
(a) The Center shall cooperate with other State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers in this State and with federal and international law enforcement agencies to develop and carry on a uniform and complete State, interstate, national, and international system of records of commission of crimes and information.
(b)(1) All State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers shall cooperate with and assist the Center in the establishment of a complete and uniform system of records relating to the commission of crimes, arrests, convictions, imprisonment, probation, parole, fingerprints, photographs, stolen property, and other matters relating to the identification and records of persons who have or who are alleged to have committed a crime, or who are missing persons, or who are fugitives from justice.
(2) In order to meet the requirements of subdivision (1) of this subsection, the Center, in consultation with the Vermont Crime Research Group, statewide racial justice groups, and statewide groups representing individuals with lived experience of a mental health condition or psychiatric disability, shall establish and provide training on a uniform list of definitions to be used in entering data into a law enforcement agency’s system of records, and every law enforcement officer shall use those definitions when entering data into his or her agency’s system. (Added 1969, No. 290 (Adj. Sess.), § 10; amended 2019, No. 166 (Adj. Sess.), § 20, eff. Oct. 1, 2020.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2054. Uniform reports

§ 2054. Uniform reports
(a) The Center shall provide State departments and agencies, municipal police departments, sheriffs, and other law enforcement officers with uniform forms for the reporting of the commission of crimes, arrests, convictions, imprisonment, probation, parole, fingerprints, missing persons, fugitives from justice, stolen property, and such other matters as the Commissioner deems relevant. The Commissioner of Public Safety shall adopt rules relating to the use, completion, and filing of the uniform forms and to the operation of the Center.
(b) A department, agency, or law enforcement officer who fails to comply with the rules adopted by the Commissioner with respect to the use, completion, or filing of the uniform forms, after notice of failure to comply, shall be fined not more than $100.00. Each such failure shall constitute a separate offense. (Added 1969, No. 290 (Adj. Sess.), § 10; amended 2021, No. 20, § 159.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2055. Files

§ 2055. Files
(a) The Director of the Vermont Crime Information Center shall maintain and disseminate such files as are necessary relating to the commission of crimes, arrests, convictions, disposition of criminal causes, probation, parole, fugitives from justice, missing persons, fingerprints, photographs, stolen property, and such matters as the Commissioner deems relevant.
(b) The Director shall maintain criminal records pursuant to this chapter regardless of whether the record is fingerprint supported. Any “no print, no record” rule or policy of the Center shall be void. (Added 1969, No. 290 (Adj. Sess.), § 10; amended 2003, No. 122 (Adj. Sess.), § 86a.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2056. Certified records

§ 2056. Certified records
Upon the request of a Superior judge, the Attorney General, or a State’s Attorney, the Center shall prepare the record of arrests, convictions, or sentences of a person. The record, when duly certified by the Commissioner of Public Safety or the Director of the Center, shall be competent evidence in the courts of this State. Such other information as is contained in the Center may be made public only with the express approval of the Commissioner of Public Safety. (Added 1969, No. 290 (Adj. Sess.), § 10; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 159.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2056a. Dissemination of criminal history records to criminal justice agencies

§ 2056a. Dissemination of criminal history records to criminal justice agencies
(a) As used in this section:
(1) “Criminal history record” means all information documenting an individual’s contact with the criminal justice system, including data regarding identification, arrest or citation, arraignment, judicial disposition, custody, and supervision.
(2) “Criminal justice agencies” means all Vermont courts and other governmental agencies or subunits of governmental agencies that allocate at least 50 percent of the agency’s annual appropriation to criminal justice purposes.
(3) “Criminal justice purposes” means the investigation, apprehension, detention, adjudication, or correction of persons suspected, charged, or convicted of criminal offenses. Criminal justice purposes shall also include criminal identification activities; the collection, storage, and dissemination of criminal history records; and screening for criminal justice employment.
(4) “The Center” means the Vermont Crime Information Center.
(b) A criminal justice agency may request a person’s criminal history record from the center for criminal justice purposes or other purposes authorized by State or federal law. Upon the request of a criminal justice agency, the Center shall prepare and release a person’s Vermont criminal history record, provided that the criminal justice agency has filed a user’s agreement with the Center. The user’s agreement shall require the criminal justice agency to comply with all federal and State laws, rules, regulations, and policies regulating the release of criminal history records and the protection of individual privacy. The user’s agreement shall be signed and kept current by the agency.
(c) A criminal justice agency may obtain criminal history records from other states and the Federal Bureau of Investigation through the Center, provided that the criminal justice agency has filed a user’s agreement with the Center. Release of interstate and Federal Bureau of Investigation criminal history records to criminal justice agencies is subject to the rules and regulations of the Federal Bureau of Investigation’s National Crime Information Center.
(d) A criminal history record obtained from the Center shall be admissible evidence in the courts of this State.
(e) No person shall confirm the existence or nonexistence of criminal history record information to any person who would not be eligible to receive the information pursuant to this subchapter.
(f) A person who violates the provisions of this section with respect to unauthorized disclosure of confidential criminal history record information obtained from the Center under the authority of this section shall be fined not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation. (Added 1999, No. 151 (Adj. Sess.), § 5; amended 2021, No. 20, § 160.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2056b. Dissemination of criminal history records to persons conducting research

§ 2056b. Dissemination of criminal history records to persons conducting research
(a) The Vermont Crime Information Center may provide Vermont criminal history records as defined in section 2056a of this title to bona fide persons conducting research related to the administration of criminal justice, subject to conditions approved by the Commissioner of Public Safety to ensure the confidentiality of the information and the privacy of individuals to whom the information relates. Bulk criminal history data requested by descriptors other than the name and date of birth of the subject may only be provided in a format that excludes the subject’s name and any unique numbers that may reference the identity of the subject, except that court docket numbers and the State identification number may be provided. Researchers shall sign a user agreement that specifies data security requirements and restrictions on use of identifying information.
(b) No person shall confirm the existence or nonexistence of criminal history record information to any person other than the subject and properly designated employees of an organization who have a documented need to know the contents of the record.
(c) A person who violates the provisions of this section with respect to unauthorized disclosure of confidential criminal history record information obtained from the Center under the authority of this section shall be fined not more than $5,000.00. Each unauthorized disclosure shall constitute a separate civil violation. (Added 1999, No. 151 (Adj. Sess.), § 6; amended 2005, No. 169 (Adj. Sess.), § 1; 2007, No. 165 (Adj. Sess.), § 2; 2011, No. 31, § 5, eff. May 17, 2011; 2013, No. 119 (Adj. Sess.), § 3; 2021, No. 20, § 161.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2056d. Criminal history records and other identification records

§ 2056d. Criminal history records and other identification records
(a) Statewide criminal history records shall be released only by the Vermont Crime Information Center.
(b) Information other than criminal history records, such as State identification numbers, shall be released only with the express approval of the Commissioner of Public Safety or in compliance with the order of a court of competent jurisdiction. (Added 1999, No. 151 (Adj. Sess.), § 8; amended 2005, No. 169 (Adj. Sess.), § 3; 2013, No. 119 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2056f. Dissemination of criminal history records and criminal convictions records to an individual

§ 2056f. Dissemination of criminal history records and criminal convictions records to an individual
A person may obtain a copy of his or her own criminal history record as defined in section 2056a of this title or criminal conviction record as defined in section 2056c of this title or a statement that no record exists from the Vermont Crime Information Center. Copies of a person’s criminal history record and criminal conviction record may be obtained by making a personal appearance at the Center during regular business hours or by written request. Written requests shall be on a form specified by the Center and shall contain the person’s name, date of birth, place of birth, and signature as attested to by a notary public. A raised seal must be affixed to the form. (Added 2005, No. 169 (Adj. Sess.), § 4; amended 2013, No. 119 (Adj. Sess.), § 7.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2057. Information

§ 2057. Information
From time to time but at least annually, the Center shall publish information relating to criminal activity, arrests, convictions, and such other information as the Commissioner deems relevant. (Added 1969, No. 290 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2059. Relationship to Departments of Corrections and of Motor Vehicles

§ 2059. Relationship to Departments of Corrections and of Motor Vehicles
This chapter shall not apply to traffic offenses or any provisions of Title 23, 5 V.S.A. § 2001, or those sections of Title 32 that are administered by the Commissioner of Motor Vehicles. Notwithstanding any other provisions of this chapter, the Department of Corrections shall be only required to furnish statistical, identification, and status data, and the provisions shall not extend to material related to case supervision or material of a confidential nature, such as presentence investigation, medical reports, or psychiatric reports. (Added 1973, No. 205 (Adj. Sess.), § 5; amended 1979, No. 46, § 5, eff. April 26, 1979; 2021, No. 105 (Adj. Sess.), § 387, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2060. Release of records

§ 2060. Release of records
The Center is authorized to release records or information requested under 33 V.S.A. § 6914, 26 V.S.A. § 1353, 24 V.S.A. § 4010, or 16 V.S.A. chapter 5, subchapter 4. (Added 1991, No. 159 (Adj. Sess.), § 1; amended 1993, No. 100, § 10; 1995, No. 51, § 4; 1997, No. 163 (Adj. Sess.), § 2; 2011, No. 61, § 6, eff. June 2, 2011; 2021, No. 105 (Adj. Sess.), § 388, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2062. Fingerprinting fees

§ 2062. Fingerprinting fees
State, county, and municipal law enforcement agencies may charge a fee of not more than $35.00 for providing persons with a set of classifiable fingerprints. No fee shall be charged to retake fingerprints determined by the Vermont Crime Information Center not to be classifiable. Fees collected by the State of Vermont under this section shall be credited to the Fingerprint Fee Special Fund established and managed pursuant to 32 V.S.A. chapter 7, subchapter 5, and shall be available to the Department of Public Safety to offset the costs of providing these services. (Added 1999, No. 151 (Adj. Sess.), § 3; amended 2009, No. 134 (Adj. Sess.), § 9b; 2013, No. 119 (Adj. Sess.), § 9; 2021, No. 147 (Adj. Sess.), § 36, eff. May 31, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 117 - Vermont Crime Information Center › § 2065. Ratification of the National Crime Prevention and Privacy Compact

§ 2065. Ratification of the National Crime Prevention and Privacy Compact
(a) The Vermont General Assembly hereby approves and ratifies the National Crime Prevention and Privacy Compact, 34 U.S.C. §§ 40311- 40316. The Compact shall remain in effect until legislation is enacted renouncing or rescinding the Compact.
(b) The Commissioner of the Department of Public Safety shall execute, administer, and implement the Compact on behalf of the State, and may adopt rules as necessary for the national exchange of criminal history records for noncriminal justice purposes.
(c) Criminal history records as defined in subdivision 2056a(a)(1) of this title shall be made available to lawfully entitled requestors in other states according to the provisions of the National Crime Prevention and Privacy Compact.
(d) Nothing in this section shall alter the duties and responsibilities of the Commissioner of the Department of Public Safety regarding the dissemination of criminal history records within the State of Vermont pursuant to statute. (Added 2009, No. 108 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 141 - Peace Officers › § 2221. Employment

§ 2221. Employment
At the expense of the State, the Governor may employ sheriffs, deputy sheriffs, and constables for the preservation of the public peace when in his or her judgment the public good requires it. The Commissioner of Finance and Management shall issue his or her warrant in payment of such expense upon the approval of the Governor. (Added 1959, No. 328 (Adj. Sess.), § 8(b); 1983, No. 195 (Adj. Sess.), § 5(b).)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 141 - Peace Officers › § 2222. Federal law enforcement officers; power of arrest for Vermont crimes

§ 2222. Federal law enforcement officers; power of arrest for Vermont crimes
(a) For purposes of this section, “a certified federal law enforcement officer” means a federal law enforcement officer who:
(1) is employed as a law enforcement officer of the federal government as:
(A) a special agent, border patrol agent, or immigration inspector of the Immigration and Naturalization Service, U.S. Department of Justice;
(B) an officer or inspector of the U.S. Customs Service of the Department of the Treasury; or
(C) a special agent, inspector, or member of the police service of the U.S. Department of Veterans Affairs;
(2) has satisfactorily completed a course of study in Vermont laws and criminal procedures approved by the Vermont Criminal Justice Council, at the expense of the officer’s agency;
(3) has been certified by the Commissioner of Public Safety pursuant to subsection (b) of this section; and
(4) has taken an oath administered by the Commissioner of Public Safety or by the Commissioner’s designee to uphold the Constitution of the State of Vermont.
(b) The Executive Director of the Criminal Justice Council shall certify a federal law enforcement officer who applies for certification if the officer satisfies the employment and study requirements listed in subsection (a) of this section. A certification under this subsection shall automatically terminate immediately upon the officer’s suspension or termination of employment from the federal agency in which he or she was employed at the time the certification occurred.
(c) A certified federal law enforcement officer is authorized to make an arrest pursuant to Rule 3 of the Vermont Rules of Criminal Procedure for violation of Vermont laws anywhere within the State if the officer determines that it is necessary to do any of the following:
(1) Protect an individual in the presence of the officer from the imminent infliction of serious bodily injury.
(2) Provide immediate assistance to an individual who has suffered or is threatened with serious bodily injury.
(3) Prevent the escape of any individual whom the officer reasonably believes has committed a crime in the presence of the officer.
(4) Prevent the escape of any individual whom the officer reasonably believes has committed a felony under Vermont law.
(d) A certified federal law enforcement officer who makes an arrest under this section shall report the arrest, without delay, to the nearest Vermont State Police barracks.
(e) A certified federal law enforcement officer who makes an arrest under the authority of this section shall have the same immunity from liability that a State or municipal law enforcement officer has under the laws of this State.
(f) This section is not intended to limit existing authority of federal officers under federal law or to interfere with the performance of federal duties by federal officers. (Added 1999, No. 160 (Adj. Sess.), § 12; amended 2021, No. 161 (Adj. Sess.), § 5, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 143 - Investigators › § 2271. Employment; powers

§ 2271. Employment; powers
When in his or her judgment the public good requires it, the Attorney General may apply to the Governor for leave to employ detective service, at the expense of the State, in the detection and apprehension of a criminal, in the investigation of any criminal offense, and in the collection of evidence to secure the conviction of a person accused of crime. A person or persons, residents of this State, so employed may be designated State investigator and, while thus engaged and acting under the orders of the Attorney General, shall have and may exercise the powers now granted by law to sheriffs in the enforcement of the criminal law, upon giving a bond to the State in such penal sum as the Governor shall require, conditioned for the faithful performance of his or her duties, and upon taking the oath prescribed for sheriffs before any person authorized to administer oaths and upon same being certified to the Governor.
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 143 - Investigators › § 2273. Statement and warrant for expenses

§ 2273. Statement and warrant for expenses
The Attorney General shall present to the Governor for approval an itemized statement of his or her expenses incurred in the employment of detective service under sections 2271 and 2272 of this title. On approval of the Governor, the Commissioner of Finance and Management shall issue his or her warrant in favor of the Attorney General for such amounts. (Amended 1959, No. 328 (Adj. Sess.), § 8(b); 1983, No. 195 (Adj. Sess.), § 5(b).)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 145 - Disposition and Fee for Storage of Unlawful Firearms › § 2301. Applicability of chapter

§ 2301. Applicability of chapter
Notwithstanding any other provisions of law relating to the retention and disposition of evidence or lost, unclaimed, or abandoned property, the provisions of this chapter shall govern the retention or disposition, or both, of unlawful firearms in the possession of any agency and the disposition of abandoned firearms in the possession of the Department of Public Safety. (Added 1983, No. 132 (Adj. Sess.), § 1; amended 2017, No. 94 (Adj. Sess.), § 1, eff. April 11, 2018.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 145 - Disposition and Fee for Storage of Unlawful Firearms › § 2302. Unlawful firearms; agency

§ 2302. Unlawful firearms; agency
As used in this chapter:
(1) “Unlawful firearms” means firearms the possession of which constitutes a violation of federal or State law and firearms carried or used in violation of any federal or State law or in the commission of any federal or State felony.
(2) “Agency” means any State or local law enforcement agency, any State agency except the Vermont Department of Fish and Wildlife, and any local government entity.
(3) “Unlawful per se” means firearms the possession of which is unlawful under any circumstances under State or federal law.
(4) “Abandoned firearms” means firearms in the possession of the Department of Public Safety that are no longer needed as evidence and remain unclaimed for more than 18 months from the date the firearms come into the Department’s possession. (Added 1983, No. 132 (Adj. Sess.), § 1; amended 2017, No. 94 (Adj. Sess.), § 2, eff. April 11, 2018.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 145 - Disposition and Fee for Storage of Unlawful Firearms › § 2303. Delivery to Commissioner of Public Safety

§ 2303. Delivery to Commissioner of Public Safety
(a) Any unlawful firearm in the possession of an agency that is not needed as evidence for or in a criminal prosecution or other judicial or administrative proceeding shall, within 30 days of its receipt by the agency, be delivered to such place and in such manner as the Commissioner of Public Safety designates for ultimate disposition in accordance with the provisions of this chapter.
(b) Any unlawful firearm in the possession of an agency needed as evidence for or in a criminal prosecution or other judicial or administrative proceeding may be retained by the agency for such purposes and until the conclusion of such prosecution or proceeding. Upon notice to the agency from a State’s Attorney, other prosecuting official, or other State or federal official having jurisdiction over the subject matter that the unlawful firearm may be released, the agency shall, within 30 days of such notification, deliver the unlawful firearm to such place and in such manner as the Commissioner of Public Safety designates for ultimate disposition in accordance with the provisions of this chapter. (Added 1983, No. 132 (Adj. Sess.).)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 145 - Disposition and Fee for Storage of Unlawful Firearms › § 2305. Disposition of unlawful firearms

§ 2305. Disposition of unlawful firearms
(a) Any firearm the possession of which is unlawful per se shall either be destroyed, or if the Commissioner of Public Safety deems it appropriate, retained by the Department of Public Safety for purposes of forensic science reference. In no event shall the Commissioner of Public Safety dispose of such a firearm in any other manner or to any other person.
(b)(1) Except as provided in section 2306 of this title, all unlawful and abandoned firearms shall either be:
(A) delivered to the Commissioner of Buildings and General Services as directed by him or her for sale to a federally licensed firearms dealer pursuant to the Commissioner’s authority under Title 29;
(B) at the discretion of the Commissioner of Buildings and General Services, transferred to the Commissioner of Fish and Wildlife for disposition; or
(C) if the Commissioner of Public Safety deems it appropriate, retained by the Department of Public Safety for purposes of forensic science reference.
(2) Notwithstanding subdivision (1) of this subsection, an unlawful firearm used in the commission of a homicide shall not be delivered to the Commissioner of Buildings and General Services, but shall be disposed of only in accordance with:
(A) the provisions of subsection (a) of this section in the same manner as unlawful per se firearms; or
(B) section 2306 of this title.
(c) When the firearms sold under this section have been delivered by a local law enforcement agency, the Commissioner of Buildings and General Services shall return two-thirds of the net proceeds from the sale to the appropriate municipality. The remaining proceeds shall be allocated pursuant to the authority of the Commissioner of Buildings and General Services under 29 V.S.A. § 1557. Proceeds allocated to a municipality under this subsection shall, to the extent needed by the municipality, be used to offset the costs of storing nonevidentiary firearms.
(d) No State agency or department or State official shall be subject to any civil, criminal, administrative, or regulatory liability for any act taken or omission made in reliance on the provisions of this chapter. (Added 1983, No. 132 (Adj. Sess.), § 1; amended 1995, No. 78 (Adj. Sess.), § 16; 2001, No. 80 (Adj. Sess.), § 2; 2017, No. 94 (Adj. Sess.), § 3, eff. April 11, 2018.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 145 - Disposition and Fee for Storage of Unlawful Firearms › § 2306. Rights of innocent owner

§ 2306. Rights of innocent owner
Nothing contained in subsection 2305(b) of this title shall prejudice the rights of the bona fide owner of any unlawful firearm, the disposition of which is governed by that subsection, upon affirmative proof by him or her that he or she had no express or implied knowledge that such unlawful firearm was being or intended to be used illegally or for illegal purposes. If the bona fide owner provides reasonable and satisfactory proof of his or her ownership and of his or her lack of express or implied knowledge to the Commissioner of Public Safety, the unlawful firearm shall be returned to him or her. If the Commissioner of Public Safety determines that the proof offered is not satisfactory or reasonable, the person may, within 14 days, request a hearing before the Commissioner of Buildings and General Services and the Commissioner of Public Safety, jointly. The Commissioner of Buildings and General Services and the Commissioner of Public Safety shall promptly hold a hearing on any claim filed under this section, in accordance with the provisions for contested cases in 3 V.S.A. chapter 25. (Added 1983, No. 132 (Adj. Sess.), § 1; amended 2017, No. 94 (Adj. Sess.), § 4, eff. April 11, 2018.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 151 - Vermont Criminal Justice Council › § 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.)