§ 1140. Domestic Violence Fatality Review Commission

(a) The Domestic Violence Fatality Review Commission is established within the Office of the Attorney General, in consultation with the Council on Domestic Violence, for the following purposes:

(1) to examine the trends and patterns of domestic violence-related fatalities in Vermont;

(2) to identify barriers to safety, the strengths and weaknesses in communities, and systemic responses to domestic violence;

(3) to educate the public, service providers, and policymakers about domestic violence fatalities and strategies for intervention and prevention; and

(4) to recommend policies, practices, and services that will encourage collaboration and reduce fatalities due to domestic violence.

(b) The Commission shall comprise 17 members, consisting of the following:

(1) the Attorney General or designee;

(2) the Commissioner of Health or designee;

(3) the Commissioner for Children and Families or designee;

(4) the Commissioner of Corrections or designee;

(5) the Commissioner of Public Safety or designee;

(6) the Chief Medical Examiner or designee;

(7) a State‘s Attorney with experience prosecuting domestic violence cases, appointed by the Executive Director of the Department of State’s Attorneys and Sheriffs;

(8) the Defender General or designee;

(9) a member of the Vermont Coalition of Batterer Intervention Services;

(10) a member of the Vermont Network Against Domestic and Sexual Violence;

(11) a representative of the Vermont Council on Domestic Violence;

(12) a representative of local law enforcement, appointed by the Governor;

(13) a victim or survivor of domestic violence, appointed by the Vermont Network Against Domestic and Sexual Violence;

(14) a physician, appointed by the Governor;

(15) the Executive Director of the Vermont Criminal Justice Council or designee;

(16) the Commissioner of Mental Health or designee; and

(17) one judge, appointed by the Chief Justice of the Vermont Supreme Court.

(c) In any case subject to review by the Commission, upon written request of the Commission, a person who possesses information or records that are necessary and relevant to a domestic violence fatality review shall, as soon as practicable, provide the Commission with the information and records. A person who provides information or records upon request of the Commission is not criminally or civilly liable for providing information or records in compliance with this section. The Commission shall review fatalities which are not under investigation and fatalities in cases that are postadjudication which have received a final judgment.

(d) The proceedings and records of the Commission are confidential and are not subject to subpoena, discovery, or introduction into evidence in a civil or criminal action. The Commission shall disclose conclusions and recommendations upon request, but may not disclose information, records, or data that are otherwise confidential, such as autopsy records. The Commission shall not use the information, records, or data for purposes other than those designated by subsections (a) and (g) of this section.

(e) The Commission is authorized to require any person appearing before it to sign a confidentiality agreement created by the Commission in order to maintain the confidentiality of the proceedings. In addition, the Commission may enter into agreements with nonprofit organizations and private agencies to obtain otherwise confidential information.

(f) Commission meetings are confidential, and shall be exempt from 1 Vt. Stat. Ann. chapter 5, subchapter 2 (open meetings law). Commission records are confidential, and shall be exempt from 1 Vt. Stat. Ann. chapter 5, subchapter 3 (public access to records).

(g) The Commission shall report its findings and recommendations to the Governor, the General Assembly, the Chief Justice of the Vermont Supreme Court, and the Vermont Council on Domestic Violence not later than the third Tuesday in January of the first year of the biennial session. The report shall be available to the public through the Office of the Attorney General. The Commission may issue data or other information periodically, in addition to the biennial report. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection. (Added 2001, No. 88 (Adj. Sess.), § 1, eff. May 2, 2002; amended 2009, No. 135 (Adj. Sess.), § 5; 2013, No. 131 (Adj. Sess.), § 112; 2013, No. 142 (Adj. Sess.), § 25.)