Introduced by Senator Campbell of Windsor County

BILL AS INTRODUCEDS.117

2001Page 1

S.117

Introduced by Senator Campbell of Windsor County

Referred to Committee on

Date:

Subject:Public safety; criminal justice training council; appointments; law enforcement officers; decertification

Statement of purpose: This bill proposes to give the Vermont criminal justice training council the authority to suspend or revoke a law enforcement officer’s certification; to reduce the number of gubernatorial appointees to the council from five to two; and to require the appointment of a chief of police, a sheriff, and a state’s attorney to the council.

AN ACT RELATING TO AUTHORIZING THE VERMONT CRIMINAL JUSTICE TRAINING COUNCIL TO SUSPEND OR REVOKE A LAW ENFORCEMENT OFFICER’S CERTIFICATION

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 20 V.S.A. § 2352(a) is amended to read:

§ 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 troopers association, elected by its membership and, a member of the Vermont police association, elected by its membership, a chief of police elected by the members of the Vermont chiefs of police association, a sheriff elected by the 14 Vermont sheriffs, and a state’s attorney elected by the 14 Vermont state’s attorneys. The governor shall appoint fivetwo additional members so as to provide broad representation of all aspects of law enforcement and the public in Vermont on the councilrepresent the public. 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. Members of the Vermont troopers association, the Vermont police association, and the Vermont chiefs of police association, and sheriff and state’s attorney members shall serve for a term of one year. Public members appointed by the governor shall serve for a term of two years.

Sec. 2. 20 V.S.A. § 2355(a) is amended to read:

§ 2355. POWERS AND DUTIES

(a) The council shall adopt rules with respect to:

* * *

(11) Criteria for treating a law enforcement officer’s certification as lapsed when the officer, after notice from the council through its executive director and the expiration of a 90-day opportunity to comply, fails to comply with in-service training requirements.

(12) Decertification of persons who have been convicted of a felony subsequent to their certification as law enforcement officersviolated rules of the Vermont criminal justice training council pertaining to determination of full-time or part-time status, basic training standards for law enforcement officers, and continued failure to meet annual mandatory in-service training requirements for full-time or part-time law enforcement officers.

(12)(13)(A) 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. Suspension of a law enforcement officer’s certification for a determinate period of time not to exceed one year:

(i) on a finding of probable cause in the commission of a felony;

(ii) after a determination by clear and convincing evidence of mental incompetence to the degree that the officer can no longer adequately perform his or her law enforcement duties;

(iii) on a finding that he or she has consistently or deliberately ignored the rules of the council; or

(iv) after conviction in a court of law of a crime of moral turpitude as identified as to title and statutory section by rule of the council adopted pursuant to chapter 25 of Title 3.

(B) Suspensions given under subdivision (A)(i) or (ii) of this subdivision (13) may be extended until the reason for the suspension has been removed.

(14) Revocation or suspension of a law enforcement officer’s certification:

(A) after conviction of a felony;

(B) if certification was obtained by fraudulent or improper means;

(C) if the certification was issued through administrative error; or

(D) after conviction in a court of law for a misdemeanor relating to his or her discharge or assigned law enforcement duties for which there was a sentence of incarceration.

(15) The right of a person who has had his or her certification revoked to reapply for certification within a period of five years or earlier from the date that the certification was revoked. No time restriction may be imposed if the certificate was issued through administrative error.

Sec. 3. 20 V.S.A. § 2358 is amended to read:

§ 2358. MINIMUM TRAINING STANDARDS

(a) Unless waived by the council under standards adopted by rule, and notwithstandingNotwithstanding any statute or charter to the contrary, no person shall exercise law enforcement authority unless he or she is certified by the council. Certification shall be granted to:

(1) as a part-time law enforcement officer without completingwho completes a basic training course within a time prescribed by rule of the council; or

(2) as a full-time law enforcement officer withoutwho either:

(A) completingcompletes 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 completingcompleted 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) The council may waive the training requirements of this section under standards adopted by the council by rule.

(c) A full-time or part-time law enforcement officer certified by the council shall complete annual in-service training requirements as prescribed by the council.

(b)(d) 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)(e) For the purposes of 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 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, a full time state investigator employed by the 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 30 V.S.A. chapter 45, 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 32hours 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)(f) The council may determine whether a particular position is full time or part time. Any requirementsRequirements in this section shall be optional for any elected official.

Sec. 4. EFFECTIVE DATE

This act shall take effect on July 1, 2001, except that changes to existing law which appear in Sec. 3, relating to qualifications for members of the criminal justice training council and their terms of office, shall be phased in as the terms of office of members currently serving on the council on the effective date of this act expire.