The Vermont Statutes Online

Title 20: Internal Security and Public Safety

Chapter 151: VERMONT CRIMINAL JUSTICE TRAINING COUNCIL

20 V.S.A. § 2358. Minimum training standards



[Section 2358 effective until July 1, 2015; see also section 2358 effective July 1, 2015 set out below.]§ 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.)


[Section 2358 effective July 1, 2015; see also section 2358 effective until July 1, 2015 set out above.]§ 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) Level I certification.

(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 by rule, 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 an individual whom the officer reasonably believes has committed a crime in the presence of the officer; or

(IV) detain an individual whom 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) Level II certification.

(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) 13 V.S.A. chapter 7 (advertisements);

(II) 13 V.S.A. chapter 8 (humane and proper treatment of animals);

(III) 13 V.S.A. chapter 19, subchapter 1 (riots);

(IV) 13 V.S.A. §§ 1022 (noise in the nighttime), 1023 (simple assault), 1026 (disorderly conduct), and 1031 (interference with access to emergency services);

(V) 13 V.S.A. chapter 35 (escape);

(VI) 13 V.S.A. chapter 41 (false alarms and reports);

(VII) 13 V.S.A. chapter 45 (flags and ensigns);

(VIII) 13 V.S.A. chapter 47 (frauds);

(IX) 13 V.S.A. chapter 49 (fraud in commercial transactions);

(X) 13 V.S.A. chapter 51 (gambling and lotteries);

(XI) 13 V.S.A. chapter 57 (larceny and embezzlement), except for subchapter 2 (embezzlement);

(XII) 13 V.S.A. chapter 67 (public justice and public officers);

(XIII) 13 V.S.A. chapter 69 (railroads);

(XIV) 13 V.S.A. chapter 77 (trees and plants);

(XV) 13 V.S.A. chapter 81 (trespass and malicious injuries to property);

(XVI) 13 V.S.A. chapter 83 (vagrants);

(XVII) 13 V.S.A. chapter 85 (weapons);

(XVIII) any matter within the jurisdiction of the Judicial Bureau as set forth in 4 V.S.A. § 1102;

(XIX) municipal ordinance violations;

(XX) any matter within the jurisdiction of a game warden or deputy game warden as set forth in 10 V.S.A. chapter 103, subchapter 4 (game wardens); and

(XXI) 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 pursuant to rules adopted 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 an individual whom the officer reasonably believes has committed a crime in the presence of the officer; or

(IV) detain an individual whom 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) Level III certification.

(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) 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.

(d) 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, a railroad police officer commissioned pursuant to 5 V.S.A. chapter 68, subchapter 8, or a police officer appointed to the University of Vermont's Department of Police Services.

(2) "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.

(3) [Repealed.]

(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; 2013, No. 141 (Adj. Sess.), § 5, eff. July 1, 2015.)