§ 2351. Purpose; definition
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 Training Council." The Council is created to 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 recruit and in-service training for law enforcement officers, including members of the Department of Public Safety, capitol police officers, municipal police officers, constables, correctional officers, prosecuting personnel, motor vehicle inspectors, State investigators employed on a full-time basis by the Attorney General, fish and game wardens, sheriffs and their deputies who exercise law enforcement powers pursuant to the provisions of 24 V.S.A. §§ 307 and 311, and railroad police commissioned pursuant to 5 V.S.A. chapter 68, subchapter 8. The Council shall offer continuing programs of instruction in up-to-date methods of law enforcement and the administration of criminal justice. 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.)
§ 2352. Creation of council
(a) The criminal justice training council shall consist of the commissioners of public safety, corrections, motor vehicles, fish and wildlife, the attorney general, a member of the Vermont state police bargaining unit of the Vermont state employees' association or its successor entity, elected by its membership, and a member of the Vermont police association, elected by its membership. The governor shall appoint five additional members so as to provide broad representation of all aspects of law enforcement and the public in Vermont on the council. The governor shall solicit recommendations for appointment from the Vermont state's attorneys association, the Vermont state's sheriffs association, and the Vermont police chiefs association. Their term shall be three years.
(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 receive no compensation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties.
(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.)
§ 2353. Repealed. 1973, No. 225 (Adj. Sess.), § 8.
§ 2354. Meetings
The council shall meet at least once in each quarter of each year. Special meetings may be called by the chairman or upon the written request of six members of the council. The council shall adopt rules as to quorum and procedures with respect to the conduct of its meetings and other affairs. The commissioner of public safety, the commissioner of corrections, the commissioner of motor vehicles, the commissioner of fish and wildlife, the attorney general, the representative from the Vermont troopers' association, the representative from the Vermont police association, and the representatives from the Vermont state's attorneys', sheriffs', and police chiefs' association, each may designate in writing a person within their agency or association to attend a meeting or meetings of the council. The designation shall be filed with the chairman of the council. A person so designated shall have the same voting rights and responsibilities as the ex officio member at such meeting or meetings except that the designee shall not automatically assume the member's place as an officer of the board. (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.)
§ 2355. Powers and duties
(a) The council shall adopt rules with respect to:
(1) The approval, or revocation thereof, of law enforcement officer training schools;
(2) Minimum courses of study, attendance requirements, and equipment and facilities to be required at approved law enforcement officer training schools;
(3) Minimum qualifications for instructors at approved law enforcement officer training schools;
(4) Minimum basic training for law enforcement officers;
(5) Minimum basic training in order to retain their status for law enforcement officers who are appointed on a permanent basis, and the time within which that basic training shall be completed following appointment;
(6) Minimum annual in-service training requirements for law enforcement officers;
(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) Decertification of persons who have been convicted of a felony subsequent to their certification as law enforcement officers;
(12) Decertification of persons who have not complied with in-service training requirements, provided that the council, through its executive director, may grant a 60-day waiver to a police officer who has failed to meet his or her annual in-service training requirements but who is able to complete those training requirements within that 60-day period.
(b) The council shall conduct and administer training schools and offer courses of instruction for law enforcement officers and other criminal justice personnel. The council may also offer the basic officer's course for pre-service students.
(c) 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. He or she shall perform such duties as may be assigned by the council. The executive director is entitled to compensation, as established by law, and reimbursement for the expenses within the amounts available by appropriation. 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.
(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 government, municipality or county 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 fee for basic training required under section 2358 of this title shall be $6,417.00. This fee 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 title shall be set to reflect the actual costs for operation of the particular programs offered, with an additional $30.00 entrance exam fee.
(g) The criminal justice training council shall develop a comprehensive drug training program by July 1, 1988. (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.)
§ 2356. Repealed. 1979, No. 57, § 13(1).
§ 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) To provide courses for persons who wish to make application for licensing as a private detective as provided in 32 V.S.A. § 9506, and to charge the applicant a reasonable fee, based on the cost of providing courses;
(9) To perform such other acts as may be necessary or appropriate to carry out his 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.
(11) Approve and accept pre-service students for the basic officer's training course. (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.)
§ 2358. Minimum training standards
(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:
(1) as a part-time law enforcement officer without completing a basic training course within a time prescribed by rule of the Council; or
(2) as a full-time law enforcement officer without either:
(A) completing a basic training course in the time and manner prescribed by the Council; or
(B) having received, before July 1, 1968, permanent full-time appointment as a law enforcement officer, and completing a basic training course before July 1, 1982.
(3) as a full or part-time law enforcement officer without completing annual in-service training requirements as prescribed by the Council.
(b) All programs required by this section shall be approved by the Council. Completion of a program shall be established by a certificate to that effect signed by the Executive Director of the Council.
(c) As used in this section:
(1) "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 Control who exercises law enforcement powers, an investigator employed by the Secretary of State, Board of Medical Practice investigators employed by the Department of Health, Attorney General, or a state's attorney, a fish and game warden, a sheriff, or deputy sheriff who exercises law enforcement powers, or a railroad police officer commissioned pursuant to 5 V.S.A. chapter 68, subchapter 8.
(2) "Full-time law enforcement officer" means a law enforcement officer with duties of a predictable and continuing nature which require more than 32 hours per week and more than 25 weeks per year.
(3) "Part-time law enforcement officer" means a law enforcement officer who is not employed full time.
(d) The council may determine whether a particular position is full-time or part-time.
(e) The criteria for all minimum training standards under this section shall include anti-bias training approved by the Vermont Criminal Justice Training Council. (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.)
§ 2359. Repealed. 1979, No. 57, § 13(2).
§ 2360. Repealed. 1971, No. 7, § 3.
§ 2361. Additional training
Nothing in this chapter prohibits any commissioner, department or agency head or any municipality or county from providing additional training beyond basic training to personnel in their agencies or departments where no certification is requested from the director of the council. The commissioner of public safety may seek certification from the criminal justice training council of any additional in-service training he may provide. (Added 1979, No. 57, § 7.)
§ 2362. Reports
(a) Within five working days:
(1) Town, village, and city clerks 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) 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) 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) The appointing authority of a state agency employing law enforcement officers shall notify the council of the appointment or removal of a law enforcement officer employed by that agency.
(5) 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. (Added 1979, No. 57, § 8; amended 2009, No. 14, § 1.)
§ 2363. Repealed. 2011, No. 63, § E.221.
§ 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 training council for approval in accordance with the minimum standards promulgated by rule under this chapter. (Added 1979, No. 57, § 17.)
§ 2365. Domestic violence training
(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 Training 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 Training 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. Funding for this position shall be transferred by the Center for Crime Victims Services from the Domestic and Sexual Violence Special Fund created by 13 V.S.A. § 5360. (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.)
§ 2365a. Search and rescue training
A person shall receive search and rescue training approved by the Vermont Criminal Justice Training 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.)
§ 2366. Law enforcement agencies; bias-free policing policy; race data collection
(a) No later than January 1, 2013, every State, local, county, and municipal law enforcement agency that employs one or more certified law enforcement officers shall adopt a bias-free policing policy. The policy shall contain the essential elements of such a policy as determined by the Law Enforcement Advisory Board after its review of the current Vermont State Police Policy and the most current model policy issued by the Office of the Attorney General.
(b) The policy shall encourage ongoing bias-free law enforcement training for State, local, county, and municipal law enforcement agencies.
(c) State, local, county, and municipal law enforcement agencies that employ one or more certified law enforcement officers are encouraged to work with the Vermont Association of Chiefs of Police to extend the collection of roadside-stop race data uniformly throughout state law enforcement agencies, with the goal of obtaining uniform roadside-stop race data for analysis. (Added 2011, No. 134 (Adj. Sess.), § 2.)