§ 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)

(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)

(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 Vt. Stat. Ann. chapter 7 (advertisements);

(IV) 13 Vt. Stat. Ann. 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 Vt. Stat. Ann. 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 Vt. Stat. Ann. chapter 35 (escape);

(IX) 13 Vt. Stat. Ann. chapter 41 (false alarms and reports);

(X) 13 Vt. Stat. Ann. chapter 45 (flags and ensigns);

(XI) 13 Vt. Stat. Ann. chapter 47 (frauds);

(XII) 13 Vt. Stat. Ann. chapter 49 (fraud in commercial transactions);

(XIII) 13 Vt. Stat. Ann. chapter 51 (gambling and lotteries);

(XIV) 13 Vt. Stat. Ann. chapter 57 (larceny and embezzlement), except for subchapter 2 (embezzlement);

(XV) 13 Vt. Stat. Ann. chapter 67 (public justice and public officers);

(XVI) 13 Vt. Stat. Ann. chapter 69 (railroads);

(XVII) 13 Vt. Stat. Ann. chapter 77 (trees and plants);

(XVIII) 13 Vt. Stat. Ann. chapter 81 (trespass and malicious injuries to property);

(XIX) 13 Vt. Stat. Ann. chapter 83 (vagrants);

(XX) 13 Vt. Stat. Ann. 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 Vt. Stat. Ann. 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 Vt. Stat. Ann. 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)

(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.)