Title 20, Title 20: Internal Security and Public Safety

§ 1876. Headquarters and stations; equipment The Commissioner shall establish headquarters and stations in such localities as he or she deems advisable for the enforcement of the laws of the State, and to that end, within the limits of appropriations, he or she may lease, or othe…

§ 1878. Appointment or promotion of members Within the limits of the appropriation for the Department, and in accordance with section 1921 of this title, the Commissioner may appoint or promote members to the ranks, grades, and position deemed necessary for efficient administrati…

§ 1879. Training school and courses The Commissioner of Public Safety may provide additional in-service training beyond basic training to personnel in the Department. The Commissioner may seek certification of such training from the Director of the Vermont Criminal Justice Counci…

§ 1879a. Location of in-service training In-service training beyond basic training provided personnel in the Department shall, when cost effective, be held at the State-owned law enforcement and fire service training facility in Pittsford. Such training operations and facilities …

§ 1880. Disciplinary procedures (a) Any disciplinary action taken by the Department against a member of the Department, except a temporary suspension, shall be taken pursuant to the procedures set forth in this section. (b) Within seven days after the delivery to a member of writ…

§ 1881. Expenses; lodging and subsistence The Commissioner shall approve vouchers in payment of expenses incurred by a member in the discharge of his or her duties, to be paid out of appropriations for the Department in the manner required by law. Allowance for lodging and subsis…

§ 1882. Subpoenas In connection with any investigation into the internal affairs of the Department, the Commissioner may request subpoenas for the testimony of witnesses or the production of evidence. The fees for travel and attendance of witnesses shall be the same as for witnes…

§ 1883. State law enforcement; memorandum of understanding (a) The Commissioner of Public Safety shall develop and execute a memorandum of understanding with the Commissioners of Fish and Wildlife, of Motor Vehicles, and of Liquor and Lottery and their respective directors of law…

§ 1911. Examinations; appointment; promotion; probation The Commissioner shall devise and administer examinations designed to test the qualifications of applicants for positions as State Police and only those applicants shall be appointed or promoted who meet the prescribed stand…

§ 1912. Bond and oath State Police shall give bond to the State, at the expense of the State, in such penal sum as the Commissioner shall require, conditioned for the faithful performance of their duties. State Police and auxiliary State Police shall take the oath of office presc…

§ 1913. Uniforms and equipment Within the appropriation for the Department, the Commissioner shall provide the State Police, and such other members as he or she may designate, with uniforms and all members with the equipment necessary in the performance of their respective duties…

§ 1914. Powers and immunities The Commissioner of Public Safety and the State Police shall be peace officers and shall have the same powers with respect to criminal matters and the enforcement of the law relating to criminal matters as sheriffs, constables, and local police have …

§ 1915. Cooperation with fish and wildlife and forest services State Police shall cooperate with game wardens in enforcing the fish and wildlife laws of the State and the laws enacted for the protection and conservation of forests, woodland, and other natural resources, and to th…

§ 1921. Personnel administration rules (a) Promotions to the ranks of sergeant and lieutenant shall be based upon the results of a written examination and an oral interview. Promotions to the rank of captain, major, lieutenant colonel, or colonel shall be made by the Commissioner…

§ 1922. Creation of State Police Advisory Commission; members; duties (a) There is hereby created the State Police Advisory Commission, which shall provide advice and counsel to the Commissioner in carrying out his or her responsibilities for the management, supervision, and cont…

§ 1923. Internal investigation (a)(1) The State Police Advisory Commission shall advise and assist the Commissioner in developing and making known routine procedures to ensure that allegations of misconduct by State Police officers are investigated fully and fairly, and to ensure…

§ 1931. Policy It is the policy of this State to assist federal, state, and local criminal justice and law enforcement agencies in the identification, detection, or exclusion of individuals who are subjects of the investigation or prosecution of crimes. Identification, detection,…

§ 1932. Definitions As used in this subchapter: (1) “CODIS” means the FBI’s national DNA identification index system that allows storage and exchange of DNA records submitted by state and local forensic DNA laboratories. The term “CODIS” is derived from Combined DNA Index System.…

§ 1933. DNA sample required (a) The following persons shall submit a DNA sample: (1) a person convicted in a court in this State of a designated crime on or after April 29, 1998; (2) a person who was convicted in a court in this State of a designated crime prior to April 29, 1998…

§ 1934. Least intrusive means of collection (a) The DNA sample shall be obtained by withdrawing blood, unless the Department determines that a less intrusive means to obtain a scientifically reliable sample is available, in which event such less intrusive means shall be used. (b)…

§ 1935. Procedure if person refuses to give sample (a) If a person who is required to provide a DNA sample under this subchapter refuses to provide the sample, the Commissioner of the Department of Corrections or of Public Safety shall file a motion in the Superior Court for an o…

§ 1936. Compatibility with national system; authority to enter into DNA identification index system agreements with state, federal, and foreign jurisdictions The DNA database system established by the State shall be compatible with the FBI’s national DNA identification index syst…

§ 1937. Authorized analysis of DNA samples (a) Analysis of DNA samples is authorized: (1) to type the genetic markers from DNA samples for law enforcement identification purposes; (2) if personal identifying information is removed, for protocol development and administrative purp…

§ 1938. Storage and use of samples and records (a) A DNA sample and a DNA record obtained pursuant to this subchapter shall be used only for the purposes authorized in this subchapter and may be provided to law enforcement agencies for lawful law enforcement purposes. (b) The tis…

§ 1939. Population database (a) Only the DNA records derived from the DNA samples obtained under sections 1933 and 1934 of this title, DNA records voluntarily submitted to the population database, and DNA records from population databases in existence on January 1, 1999 may be us…

§ 1940. Expungement of records and destruction of samples (a) In accordance with procedures set forth in subsection (b) of this section, the Department shall destroy the DNA sample and any records of a person related to the sample that were taken in connection with a particular a…

§ 1941. Confidentiality of records (a) All DNA samples submitted to the laboratory pursuant to this subchapter shall be confidential. (b) DNA records shall not be used for any purpose other than as provided in section 1937 of this subchapter, provided that in appropriate circumst…

§ 1942. Adoption of rules and guidelines (a) The Department shall adopt rules pursuant to 3 V.S.A. chapter 25 governing the procedures to be used in the collection, submission, identification, dissemination, analysis, and storage of DNA samples and the DNA record of DNA samples s…

§ 1943. Responsibility of Department of Public Safety The Department shall be responsible for establishing and maintaining the State DNA database and State DNA data bank as established by this subchapter. (Added 1997, No. 160 (Adj. Sess.), § 1, eff. April 29, 1998.)

§ 1944. Limitation of liability for collection of DNA samples No civil or criminal liability shall attach to any person authorized to withdraw blood as a result of the act of collecting DNA samples under this subchapter, provided the DNA samples are collected according to recogni…

§ 1945. Unlawful tampering with DNA samples A person who knowingly or intentionally, without lawful authority, tampers or attempts to tamper with a DNA sample shall be imprisoned not more than three years or fined not more than $10,000.00, or both. (Added 1997, No. 160 (Adj. Sess…