Committee questions H13 language that would move use‑of‑force guidance into statute

Witnesses at the House Judiciary Committee hearing on H13 repeatedly cautioned against embedding prescriptive operational steps from the Vermont Criminal Justice Council’s use‑of‑force guidance directly into statute.

Christopher Berkelman, executive director of the Vermont Criminal Justice Council, flagged the draft bill’s language on page 13 and asked whether phrases such as "unless impracticable" would create a new legal standard for evaluating officers’ decisions. "That, right off the bat, just raises some concern with me because...what does unless impracticable actually mean?" he asked, adding that the clause could complicate how complaints and excessive‑force reviews are analyzed.

Berkelman said much of what the bill puts into statute already exists in the Council’s statewide use‑of‑force policy (adopted in 2023 after stakeholder input). He recommended leaving operational guidance in policy where it can be updated more nimbly and where the Council can re‑evaluate practice annually. "I do agree that leaving that in policy is better than the added new section," he said.

Committee members and other witnesses also raised specific operational concerns. Berkelman and Morning Fox (Department of Public Safety) cautioned that requiring officers to involve family members or friends in a response could sometimes worsen a situation; Berkelman observed from field experience that adding family members can "exacerbate a situation" and cause worse outcomes. Law‑enforcement and prosecution representatives argued the Council’s public rule‑making process already allows review and public comment; they urged the legislature to request coordination with the Council for annual reviews and to consider data‑sharing needs before statutorily requiring investigations to be submitted.

Kim McMannath (Department of State's Attorneys and Sheriffs) raised a separate operational question about a proposed victim‑guardian position in the bill, urging the committee to define "coordinate with victim advocates" carefully so communications do not conflict across criminal‑justice actors.

The committee concluded that the use‑of‑force language in H13 requires tightening and that the Council’s rulemaking process could be used to ensure policies stay current; no vote was taken and the committee adjourned to continue work on the bill later.