Bill H.258 aims to strengthen the protection of juveniles during custodial interrogations by prohibiting law enforcement from employing deception, threats, or physical harm when questioning individuals under the age of 22. The bill requires law enforcement to notify and allow contact with a juvenile's parent, guardian, or an interested adult before any custodial interrogation. Additionally, it mandates the Vermont Criminal Justice Council to create a statewide model interrogation policy that incorporates evidence-based best practices to limit deceptive practices in interrogations. The bill also establishes new requirements for the electronic recording of custodial interrogations, ensuring that they are recorded in their entirety unless specific exceptions apply. Any confession or statement obtained in violation of these prohibitions will be presumed involuntary and inadmissible in court unless the state can prove otherwise.

Moreover, the bill enhances training and oversight for law enforcement agencies regarding interrogation methods. It requires officers trained in compliance with specific sections to report to the Vermont Criminal Justice Council on their agencies' adoption of appropriate interrogation policies. The Council is also responsible for determining if current officers have received the necessary training and must provide an annual report to the House and Senate Committees on Judiciary. Additionally, the bill establishes a new permanent position, the Director of Policy, within the Vermont Criminal Justice Council, effective July 1, 2025, to oversee policy development and compliance, funded through a General Fund appropriation in fiscal year 2026. The act is set to take effect on July 1, 2025, with certain provisions related to juvenile custodial interrogation and agency compliance taking effect on April 1, 2026.

Statutes affected:
As Introduced: 13-5585, 20-2359