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1 S.285
2 An act relating to law enforcement interrogation policies
3 It is hereby enacted by the General Assembly of the State of Vermont:
4 Sec. 1. LEGISLATIVE INTENT; LAW ENFORCEMENT
5 INTERROGATION POLICIES
6 It is the intent of the General Assembly to prevent false confessions and
7 wrongful convictions of individuals subject to law enforcement interrogation,
8 to progress towards a total prohibition of the use of deception in all forms of
9 interrogation, and to ultimately improve trust between Vermont’s communities
10 and law enforcement. To achieve these objectives, it is the further intent of the
11 General Assembly to create a minimum set of law enforcement interrogation
12 standards that incorporate evidence-based best practices by:
13 (1) prohibiting law enforcement’s use of threats, physical harm, and
14 deception during interrogations of all persons; and
15 (2) mandating that the Vermont Criminal Justice Council develop,
16 adopt, and enforce a statewide model interrogation policy that applies to all
17 Vermont law enforcement agencies and constables exercising law enforcement
18 authority pursuant to 24 V.S.A. § 1936a.
19 Sec. 2. VERMONT CRIMINAL JUSTICE COUNCIL; MODEL
20 INTERROGATION POLICY
21 (a) On or before October 1, 2024, the Law Enforcement Advisory Board, in VT LEG #375913 v.1
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1 consultation with the Office of the Attorney General, shall collaborate and
2 create a model interrogation policy that applies to all persons subject to various
3 forms of interrogation, including the following:
4 (1) custodial interrogations occurring in a place of detention;
5 (2) custodial interrogations occurring outside a place of detention;
6 (3) interrogations that are not considered custodial, regardless of
7 location; and
8 (4) the interrogation of individuals with developmental, intellectual, and
9 psychiatric disabilities; substance use disorder; and low literacy levels.
10 (b) The model interrogation policy shall prohibit the use of physical harm,
11 threats, and deception during custodial interrogations of all persons.
12 (1) At a minimum, the model interrogation policy shall define
13 “deception” as the knowing communication of false facts about evidence or
14 unauthorized statements regarding leniency by a law enforcement officer to a
15 subject of custodial interrogation.
16 (2) The model interrogation policy shall also address other forms of
17 interrogation involving persons under 20 years of age wherein the use of
18 deception is prohibited.
19 (c) The model interrogation policy shall prohibit any training of law
20 enforcement officers that employs the use of deception, including the REID
21 Technique of Investigative Interviewing and Advanced Interrogation VT LEG #375913 v.1
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1 Techniques.
2 (d)(1) On or before December 1, 2024, the Law Enforcement Advisory
3 Board shall submit the model interrogation policy to the Joint Legislative
4 Justice Oversight Committee and testify before the Committee.
5 (2) On or before January 1, 2025, the Vermont Criminal Justice Council,
6 in consultation with stakeholders, including the Agency of Human Services,
7 the Vermont League of Cities and Towns, and the Vermont Human Rights
8 Commission, shall update the Law Enforcement Advisory Board’s model
9 interrogation policy to establish one cohesive model policy for law
10 enforcement agencies and constables to adopt, follow, and enforce as part of
11 the agency’s or constable’s own interrogation policy.
12 Sec. 3. 20 V.S.A. § 2359 is amended to read:
13 § 2359. COUNCIL SERVICES CONTINGENT ON AGENCY
14 COMPLIANCE; GRANT ELIGIBILITY
15 (a) On and after January 1, 2022, a law enforcement agency shall be
16 prohibited from having its law enforcement applicants or officers trained by
17 the Police Academy or from otherwise using the services of the Council if the
18 agency is not in compliance with the requirements for collecting roadside stop
19 data under section 2366 of this chapter, the requirement to report to the Office
20 of Attorney General death or serious bodily injuries under 18 V.S.A.
21 § 7257a(b), or the requirement to adopt, follow, or enforce any policy required VT LEG #375913 v.1
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1 under this chapter.
2 (b) On and after April 1, 2025, a law enforcement agency shall be
3 prohibited from receiving grants, or other forms of financial assistance, if the
4 agency is not in compliance with the requirement to adopt, follow, or enforce
5 the model interrogation policy established by the Council pursuant to section
6 2371 of this title.
7 (c) The Council shall adopt procedures to enforce the requirements of this
8 section, which may allow for waivers for agencies under a plan to obtain
9 compliance with this section.
10 Sec. 4. 20 V.S.A. § 2371 is added to read:
11 § 2371. STATEWIDE POLICY; INTERROGATION METHODS
12 (a) Definitions. As used in this section:
13 (1) “Custodial interrogation” has the same meaning as in 13 V.S.A.
14 § 5585.
15 (2) “Place of detention” has the same meaning as in 13 V.S.A. § 5585.
16 (b) Model policy contents.
17 (1) The Vermont Criminal Justice Council shall establish a model
18 interrogation policy that applies to all persons subject to various forms of
19 interrogation, including the following:
20 (A) custodial interrogations occurring in a place of detention;
21 (B) custodial interrogations occurring outside a place of detention;
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1 (C) interrogations that are not considered custodial, regardless of
2 location; and
3 (D) the interrogation of individuals with developmental, intellectual,
4 and psychiatric disabilities; substance use disorder; and low literacy levels.
5 (2) The model interrogation policy shall prohibit the use of physical
6 harm, threats, and deception during custodial interrogations of all persons.
7 (A) At a minimum, the model interrogation policy shall define
8 “deception” as the knowing communication of false facts about evidence or
9 unauthorized statements regarding leniency by a law enforcement officer to a
10 subject of custodial interrogation.
11 (B) The model interrogation policy shall also address other forms of
12 interrogation involving persons under 20 years of age wherein the use of
13 deception is prohibited.
14 (3) The model interrogation policy shall prohibit any training of law
15 enforcement officers that employs the use of deception, including the Reid
16 Technique of Investigative Interviewing and Advanced Interrogation
17 Techniques.
18 (c) Policy adoption and updates.
19 (1) On or before April 1, 2025, each law enforcement agency and every
20 constable who exercises law enforcement authority pursuant to 24 V.S.A.
21 § 1936a and who is trained in compliance with section 2358 of this title shall VT LEG #375913 v.1
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1 adopt, follow, and enforce an interrogation policy that includes each
2 component of the model interrogation policy established by the Council, and
3 each law enforcement officer or constable who exercises law enforcement
4 authority shall comply with the provisions of an agency’s or a constable’s
5 policy.
6 (2) On or before October 1, 2025, and every odd-numbered year
7 thereafter, the Vermont Criminal Justice Council, in consultation with others,
8 including the Office of the Attorney General, the Agency of Human Services,
9 and the Human Rights Commission, shall review and, if necessary, update the
10 model interrogation policy.
11 (d) Compliance. To encourage fair and consistent interrogation methods
12 statewide, the Vermont Criminal Justice Council, in consultation with the
13 Office of the Attorney General, shall review the policies of law enforcement
14 agencies and constables required to adopt a policy pursuant to subsection (c) of
15 this section to ensure that those policies establish each component of the model
16 policy on or before April 15, 2025. If the Council finds that a policy does not
17 meet each component of the model policy, it shall work with the law
18 enforcement agency or constable to bring the policy into compliance. If, after
19 consultation with its attorney or with the Council, or with both, the law
20 enforcement agency or constable fails to adopt a policy that meets each
21 component of the model policy, that agency or constable shall be deemed to
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1 have adopted and shall follow and enforce the model policy established by the
2 Council.
3 (e) Training. The Council shall incorporate the provisions of this section
4 into the training it provides.
5 (f) Reporting.
6 (1) Annually, as part of their training report to the Council, every law
7 enforcement agency and every constable who exercises law enforcement
8 authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with
9 section 2358 of this title shall report to the Council whether the agency or
10 constable has adopted an interrogation policy in accordance with subsections
11 (c) and (d) of this section. The Vermont Criminal Justice Council shall
12 determine, as part of the Council’s annual certification of training
13 requirements, whether current officers have received training on interrogation
14 methods as required by subsection (e) of this section.
15 (2) Annually, on or before July 1, the Vermont Criminal Justice Council
16 shall report to the House and Senate Committees on Judiciary regarding which
17 law enforcement agencies and officers have received training on interrogation
18 methods.
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1 Sec. 5. EFFECTIVE DATES
2 This act shall take effect on July 1, 2024, except that Secs. 3 (council
3 services contingent on agency compliance; grant eligibility) and 4 (statewide
4 policy; interrogation methods) shall take effect on April 1, 2025.
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Statutes affected:
As Introduced: 13-5585, 20-2359
As Passed By the Senate -- Official: 13-5585, 20-2359
As Passed By the Senate -- Unofficial: 20-2359