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Committee questions H13 language that would move use‑of‑force guidance into statute
Summary
Witnesses told the House Judiciary Committee that moving elements of the Criminal Justice Council’s use‑of‑force guidance (appendix D) into statute — including language like "unless impracticable" and requiring involvement of family/friends — risks legal ambiguity and could change complaint analysis; they urged preserving policy flexibility and annual review via Council rules.
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…
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