H492 is Voted out of House Judiciary

 

PRESS RELEASE:

For immediate Release:

Montpelier, Vermont April 5, 2017 – Today H.492, “An Act relating to Racial Justice Oversight Board”, was voted out of House Judiciary.

The bill, introduced by Justice For All and a Coalition of 29 Vermont organizations calls for a 15 member board organized within the office of the Attorney General and will undertake an ongoing review of racial justice reform across the State, including within the systems of education, labor and employment, housing, health care, economic development, and criminal and juvenile justice. The board is expected to do so by monitoring the collection and publication of race-based data, recommending policies and trainings to address systemic implicit bias, and evaluating racial justice policies, practices, and results statewide.

“This is Vermont, making history again”, said Mark Hughes, Executive Director of Justice For, the lead organization of the Racial Justice Reform Coalition, “it is morally right and legally possible”. The bill is expected to swiftly move through the House and the Senate has called for hearings as early as Friday.
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About Justice For All

Justice for All is a Vermont-based, racial justice organization that pursues racial justice within Vermont’s criminal justice system through advocacy, education, and relationship building.

 

Contact Information

Mark Hughes Executive Director, Justice For All
mark@justiceforallvt.org
w: justiceforallvt.org
t: @Justice4All
o: (802) 532-3030

H.492 Update – 2 April 2017

Last week, we made you aware of an impasse that we were experiencing due to pushback from law enforcement lobbyists.   The following day, coalition member, Partners for Fairness and Diversity (Curitss Reed) unilaterally worked with bill sponsors to modify the bill.   The coalition was unaware that such discussions were taking place.   Among other things, the changes that were incorporated decouple Fair and Impartial Policing from H.492 and remove significant language that was designed to provide transparency and accountability in law enforcement.  Partners for Fairness and Diversity is no longer a member of the Racial Justice Reform Coalition.

Among other things, the modifications that were incorporated decouple Fair and Impartial Policing from H.492 and remove significant language that was designed to provide transparency and accountability in law enforcement. The primary scope has moved from addressing the criminal justice system to one that is more global in nature (which the Pro Tempe President and Senate Judiciary Chair advised against in our initial discussions). Further, “areas of expertise” have been incorporated as qualifications for people of color to participate. Partners For Fairness and Diversity are now requesting resumes for these positions. The Racial Justice Reform Coalition has no involvement in this effort.

We owe it to ourselves to ensure that the creation of a Racial Justice Reform Board produces both a credible and legitimate outcome to address racial justice in the state. The involvement of an organization with a longstanding contractual relationship with the state in this legislative process has already began to cast doubt surrounding the legitimacy of the outcome of this process. I have consulted with Migrant Justice, Community Council of Accountability with Law Enforcement Officials, Black Lives Matter Vermont and the Champlain Valley Chapter of the NAACP and we agreed to remove Partners for Fairness and Diversity from the Racial Justice Reform Coalition.

The priority of the original intent of this bill was to enable the legislature to better monitor the work that is being done by law enforcement to address implicit bias and; provide recommendations and monitoring for future expansions of this work into the remainder of the criminal justice system. I will continue to work to restore the primary scope of the bill to address the criminal justice system.   We have all seen real data that reveals disparities and reports indicate that the problem has worsened. The House Judiciary Committee is anticipated to call H.492 to a vote on Tuesday. We will therefore be unable to request any additional changes to this bill until it reaches the Senate. Many people have invested so much in crafting and advocating for this, which is by far the most significant legislative attempt to address racial justice in Vermont history!

Here is how you can help. Continue to stand with the Racial Justice Reform Coalition as we push for legislative change. Remind your legislators and constituents of the importance of addressing the criminal justice system first.  Be present on Tuesday in House Judiciary to witness the final deliberations and and vote.  It is not clear what time this will happen, if it happens at all as law enforcement continues to push back.

Respectfully,

Mark A. Hughes,
ED, JFA

#RacialJusticeReformVT

Black Lives Matter Vermont Rallies in Winooski

Dozens took to the streets of Winooski Sunday afternoon to support Black Lives Matter Vermont.

Source: Black Lives Matter Vermont Rallies in Winooski

WINOOSKI, Vt. – Dozens took to the streets of Winooski Sunday afternoon to support Black Lives Matter Vermont.

Rally-goers got together at Shop 4 Change to make posters, then lined up along Main Street before marching downtown.

Organizers say it’s all about doing outreach to let the community know about racial disparities in Vermont.

“When it comes to school suspensions and expulsions, when it comes to drivers that are pulled over, and also sentencing in the justice system. And also representation in various levels of school governance and state governance,” said Jabari Jones, an organizer with Black Lives Matter Vermont.

Right now, local social justice groups are crafting a bill that would establish a racial justice oversight board.

Leaders say this board would look at racial disparities and correct them at the state level.

H.492 Racial Justice Reform Bill Update

 

All,

This week has been both productive and frustrating in the statehouse. We have made multiple changes to H.492 in response to law enforcement’s concerns surrounding “language in the bill”. Today we returned to House Judiciary to provide a version of the bill that we thought was acceptable to law enforcement. No one from law enforcement showed up.   They have not suggested any alternative language and they are suggesting that this bill be referred to a summer study. As a result, the Chair is reluctant to bring the bill to a vote so the bill is at an impasse.

Law enforcement has high-jacked the first racial justice bill in Vermont history. This is not a law enforcement issue; it is a racial justice issue. The purpose of this bill is to provide transparency and accountability to the processes currently mandated by statute to address implicit bias and to continue the deployment of these processes across the remainder of the criminal justice system. Only then can we begin the process of addressing similar challenges in the employment, housing, education, health services systems.

Article 5 of the Vermont Constitution states that “the people of this state by their legal representatives have the sole, inherent, and exclusive right of governing and regulating the internal police of the same.” Article 7 of the Vermont Constitution states that “government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community, and not for the particular emolument or advantage of any single person, family, or set of persons, who are a part only of that community; and that the community hath an indubitable, unalienable, and indefeasible right, to reform or alter government, in such manner as shall be, by that community, judged most conducive to the public weal”

Vermont started some of the legislative work to address racial disparities in the criminal justice system in 2012. In spite of the implementation of data collection, training and policy, the data indicate that the problem has worsened in Vermont and in some ways we are the worst in the nation! President Trump’s selection of Jeff Sessions as Attorney General and his issuance of three “tough-on-crime” Executive Orders add even more of a sense of urgency to address racial disparities in Vermont.

The Racial Justice Reform Coalition is comprised of 30 organizations that stand in unity in support of racial justice reform in Vermont.   Hundreds of people have signed petitions and called and emailed our legislature in support of racial justice reform. Dozens of supporters have taken time off from work and showed up in spite of the fluid and unpredictable House Floor schedule. Leadership from both the House and Senate has publicly expressed their support for the Racial Justice Oversight Board called for in H.492. The Attorney General has supported H.492 from the beginning of this process. Racial Justice in Vermont must be undertaken with the same moral compass and sense of urgency as that of immigrant justice (S.79), at a minimum to ensure Justice For All in Vermont.

The Racial Justice Reform Coalition will conduct a meeting at the Unitarian Church of Montpelier at 1:00 on Thursday, March 30th to evaluate our position and consider action moving forward. The next day we will be engaging the wider community at the Halftime Community Round-up Potluck in the same location (5:30 Friday, March 31st) and getting everybody up to speed on where we go from here.

 

Mark A. Hughes, Executive Director
Justice For All

Testimony on H.492 Continues


 Tabitha Pohl-Moore Testifies Racial Justice Reform Bill (H.492)

Thanks to EVERYONE who attended the testimony yesterday.  It was a record turnout for the session!  It is very important that we maintain a sustained presence in the statehouse to ensure that our voices are heard on this historic bill

We just found out this morning that testimony on H.492 will continue 15 minutes after the House leaves the floor today!   We are asking EVERYONE to descend on the statehouse at 1:30 TODAY and join us in the House Judiciary for testimony.

Also go to racialjusticereformomnibusbillvt.wordpress.com and do all the things!

1) Sign the petitions that call for the adoption of these bills.  Your signature alerts all members of the legislature:

Petition for H.492
Petition for S.116

Also, we know many of you have already done so but if not please disseminate the following to your networks:

2)  Testify!  Here is a form where you can submit your testimony. H.492 Testimony Submission Form
3)  Call the Sergeant at Arms and leave a message for your legislative delegation and/or the House Judiciary expressing your support for H492 and S.116:   802-828-2228
You can also send an email: jmiller@leg.state.vt.us

4)  Send a message to the Judiciary Committee of each chamber expressing your support.

House Judiciary (H.492) – vermont-house-judiciary@googlegroups.com
Senate Judiciary (S.116) – vermont-senate-judiciary@googlegroups.com

FAQs on the bill can be found here

As you consider where you are investing in social justice issues, remember the racial referendum that we just experienced in our national election.  Consider donating to Justice For All, an organically grown, Vermont-based racial justice organization that has been here doing the work over the past couple of years.

Please help us with your membership, provide organizational support or simply provide a contribution.  Help us continue this work in Vermont.

Over this past year we worked in a coalition to successfully deliver the Vermont Fair and Impartial Policing Policy for all law enforcement agencies in the state.  Our work continues with numerous community outreach activities, Vermont Justice Coalition, Coalition on Racial Justice Reform, the Law Enforcement Professional Regulation Committee and much more but we need your help to continue.

#DecisionPoints is a open source data collection initiative that is underway.  This open platform will provide the community access to our data and enable transparency and accountability.  Help us with this effort.

How you can Support Racial Justice Reform in Vermont

Help Vermont make history by passing The Racial Justice Reform Bill. This bill creates a racial justice reform oversight board. The board would manage the implementation of practices that mitigate institutionalized racism.

If you want to learn more about the bill, keep reading! If you want to know how you can support it, either in person or from your house, please jump to the bottom!

With the appointment of Jeff Sessions as Attorney General and top leader of our Department of Justice, a man who has been systematically attacking civil rights across the span of his more than 30 year career, and Donald Trump instructing him to “crack down on crime” and create a plan to end violence against police officers, despite FBI data reports that crime rates have been falling consistently since the 1990’s, the time to act is NOW. Trump has vowed to turn his back on community oriented policing strategies that seek to heal divides and restore trust between communities and law enforcement in favor of unconstitutional policies such as “stop and frisk.” He additionally calls for the ceasing of federal investigations of departments that are under scrutiny for abuse of power and discrimination, once again leaving African Americans vulnerable and at risk of mistreatment.

But we say, not in Vermont. Not this time. Right now Vermont is poised to enact legislation for racial justice reform that is simply unprecedented in our state. Yes we are a small, majority white state, but racial disparities exist and they are just as real and just as toxic as anywhere else in this nation. African American drivers are stopped at 5 TIMES the rate of white drivers in Vermont and are more likely to be searched, yet are found to be in possession of contraband LESS frequently than whites. This is not a policing issue, this is an implicit bias issue resulting from a culture that we are all steeped in from the day we are born. This implicit bias is the root cause of the systemic racism that creates disparities in our systems across the board. And the only way to fix it is to see it, to call it by name, and be brave enough to stand up and say, yes this is a problem and we must meet it head on.

H.492 (S.116) seeks to do exactly that. This legislation, the very first of its kind in our brave little state, in fact the most sweeping attempt to bring racial justice out into the light in our history, will establish a Racial Justice Oversight Board to start addressing these issues. With 12 appointed members, housed under the office of Vermont’s attorney general, this board will tackle the difficult questions of disparate treatment of people of color in this state and make recommendations using the most cutting edge and proven tools and strategies of our time. Vermont has always led the forward march to recognition and equality for all, we can get on the right side of history and we can do it now.

Please, lets get this bill crossed over into the next phase of the legislation session. We have LESS THAN ONE WEEK to make this happen. Sign the petitions, call your legislators, send e-mails, attend the press conference, RALLY with us! Black LivesMatter! #racialjusticereformvt

DIRECT ACTION IN PERSON

1) Come to the press conference on Wednesday March 15th @ 10 AM in the Cedar Creek Room at the Statehouse in Montpelier. Get more information at: https://www.facebook.com/events/1211312735654917/

2) Come to the Racial Justice Rally on Thursday March 16th @ 6pm on the Statehouse steps. Get more information at:
 https://www.facebook.com/events/1877620885849487/

3) Come to a Conversation with Bernie Sanders about Racial Justice in Vermont Friday March 17th @ 5pm at Vermont Technical College. Get more information at: https://www.facebook.com/events/1877620885849487/

DIRECT ACTION FROM HOME

1) Sign the petition that calls for the adoption of these bills. Your signature alerts all members of the legislature:Petition for H.492
Petition for S.116

2) Call the Sergeant at Arms and leave a message for your legislative delegation and/or the House Judiciary expressing your support for H492 and S116 at 802-828-2228        *see the paragraph above to guide what you could say to her
 
3) Send a message to the Judiciary Committee of each chamber expressing your support
House Judiciary (H.492) – vermont-house-judiciary@googlegroups.com
Senate Judiciary (S.116) – vermont-senate-judiciary@googlegroups.com

4)  Mail a postcard to your legislator. Find them here:
http://legislature.vermont.gov/people

5) Forward the email to your networks and share this information on Facebook and by word of mouth!

Racial Justice Reform Resources H.492 and S.116

We will be housing a collection of resources here to assist in communicating the importance of this unprecedented racial justice Vermont bill.

We thought you might want to have all of the weeks activities in one place– Cross Over Week Event Flyer 

Here is flyer discussing actions that can be taken on H.492

Take a look at this pamphlet with background and discussion on legislation – JFA FIP Handout

This document provides some analysis of the bill – Racial Justice Reform Bill – Analysis

If you have questions, here are some of the answers – Racial justice Reform Bill – FAQs

Example of a Front Porch Forum Posting

It is now more important than ever that Vermonters stand up for Black Lives! H.492 (S.116) seeks to do exactly that. This legislation, the very first of its kind in our brave little state, in fact the most sweeping attempt to bring racial justice out into the light in our history, will establish a Racial Justice Oversight Board to start addressing issues of implicit bias and racial disparities in our system. With 12 appointed members, housed under the office of Vermont’s attorney general, this board will tackle the difficult questions of disparate treatment of racial minorities in this state and make recommendations using the most cutting edge and proven tools and strategies of our time. Vermont has always led the forward march to recognition and equality for all, we can get on the right side of history and we can do it now.

Please, lets get this bill crossed over into the next phase of the legislation session. We have just ONE WEEK to make this happen. Sign the petitions, call your legislators, send e-mails, attend the press conference, RALLY with us!

Monday March 13: H.492 celebration and phone bank https://www.facebook.com/events/209842729497047/

Wednesday March 15: Press Conference https://www.facebook.com/events/1211312735654917/

Thursday March 16: Rally for Racial Justice NOW! https://www.facebook.com/events/1877620885849487/

Friday March 17: Racial Justice Discussion after Bernie Sanders talk https://www.facebook.com/events/181126995722798/

Thank you all!

Justice For All Introduces Bills Proposing Racial Justice Oversight Board

 

March 7, 2017
PRESS RELEASE:

FOR IMMEDIATE RELEASE:

Contact: Mark Hughes
Organization: Justice For All
Number: (401) 480-8222
Email: mark@justiceforallvt.org
Website: Justiceforallvt.org

Justice For All Announces Introduction of Racial Oversight Committee Bills

Montpelier, March 7, 2017 – Today Justice For All announced the introduction of two bills aimed at creating a racial justice oversight committee. H.492, sponsored by Rep. Ruqaiyah Morris (D-Bennington), Rep. Kevin Christie (D-White River Junction), and Rep. Diana Gonzalez (D-Winooski) was introduced on February 24, and referred to the House Committee on Judiciary. On Friday, a bill that mirrors H.492 was introduced to the Senate and referred to Senate Committee on Judiciary. S.116 is sponsored by Sen. Anthony Pollina, (P/D-Washington) Sen. Francis Brooks (D-Washington) Sen. Debbie Ingram (D-Chittenden) and Sen. Jeanette White (D-Windham).

The bills propose to establish a twelve member board under the office of the Attorney General to address institutionalized racism in the criminal justice system.
“In light of the challenges that we face in Vermont with racial disparities in the criminal justice system, we must make a commitment to do the right thing,” said Justice For All’s co-founder Mark Hughes.

The bills state that “The Board shall conduct management and oversight of the implementation of racial justice reform across the State, including within the criminal justice system, by managing and overseeing the collection of race- based data, ensuring such data are publicly available, and developing policies and trainings to address systemic implicit bias.”

Justice For All will hold a press briefing next week to answer questions regarding both bills. Details to follow.

About Justice For All

Justice For All is a Vermont-based, racial justice non-profit organization that identifies and dismantles institutionalized racism and facilitates healing and empowerment in Vermont communities. They ensure justice for all through community organizing, research, education, community policing, legislative reform and judicial monitoring. To this end they address systemic issues such as racially biased policing and racial disparities in the criminal justice system.
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Supporting Racial Justice Reform – H492

 

Here are five things that you can do now to assist in moving this unprecedented legislation forward:

1) sign the petition that calls for the adoption of this bill. Your signature alerts all members of the legislature: https://www.change.org/p/establish-a-the-racial-justice-oversight-board-in-vermont-adopt-h492

2) Call the Sergeant at Arms and leave a message for your legislative delegation and/or the House Judiciary expressing your support for H492:

802-828-2228.  You can also send an email: jmiller@leg.state.vt.us

3) Send a message to the House Judiciary Committee expressing your support for H492. This address will inform all 11 members:

vermont-house-judiciary@googlegroups.com

4) Come out and support us at the “Push for Racial Justice Reform” at Sweet Melissa’s on Thursday and Friday evening (March 2nd and 3rd).  Here are the Facebook events:

Push For Racial Justice Reform Part I
Push For Racial Justice Reform Part II

5)  Get the information to your network

Thanks for getting the word out.

 

H492 Calls for Racial Justice Oversight Board

The Racial Justice Reform Bill was released late this afternoon.  The bill states that “The Board shall conduct management and oversight of the implementation of racial justice reform across the State, including within the criminal justice system, by managing and overseeing the collection of race- based data, ensuring such data are publicly available, and developing policies and trainings to address systemic implicit bias.”

We’ll be keeping you posted on the coalition site  and the Facebook page.

Here is a petition that we created that maps directly to the bill.

The Bill

BILL AS INTRODUCED H.492

Introduced by Representatives Morris of Bennington, Christie of Hartford, and Gonzalez of Winooski

Subject: Law enforcement; fair and impartial policing; Racial Justice Oversight Board

Statement of purpose of bill as introduced: This bill proposes to establish the  Racial Justice Oversight Board to manage and oversee the implementation of racial justice reform across the State.

An act relating to the Racial Justice Oversight Board

Sec. 1. 3 V.S.A. § 168 is added to read:

§ 168. RACIAL JUSTICE OVERSIGHT BOARD  

(a) The Racial Justice Oversight Board is established. The Board shall be 16 organized and have the duties and responsibilities as provided in this section. 17 The Board shall be organized within the Office of the Attorney General, and 18 members of the Board shall be drawn from throughout the State and from 19 diverse racial, ethnic, religious, age, sexual orientation, and socioeconomic backgrounds, and shall have had experience working to implement racial 2 justice reform.

(b) The Board shall comprise the following 12 members: (1) four members to represent the interests of communities of color throughout the State, appointed by the Attorney General; (2) the Executive Director of the Vermont Criminal Justice Training Council or designee; (3) the Attorney General or designee; (4) the Defender General or designee; (5) the Executive Director of the State’s Attorneys and Sheriffs or 11 designee; (6) the Chief Administrative Judge or designee; (7) the Commissioner of Corrections or designee; (8) the Executive Director of the Vermont Human Rights Commission or designee; and (9) the Executive Director of the Vermont chapter of the ACLU or designee.

(c) The terms of members shall be four years. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of subsection (b) of this section. Appointments of members to fill vacancies or expired terms shall be made by the authority that made the initial appointment to the vacated or expired term. Members of the Board shall 2 be eligible for reappointment.

(d) Members of the Board shall elect biennially by majority vote the Chair of the Board. Members of the Board shall receive no compensation for their services, but shall be entitled to reimbursement for expenses in the manner and amount provided to employees of the State.

(e) Seven members shall constitute a quorum of the Board. Once a quorum has been established, the vote of a majority of the members present at the time of the vote shall be an act of the Board.

(f) The Board shall conduct management and oversight of the implementation of racial justice reform across the State, including within the criminal justice system, by managing and overseeing the collection of race- based data, ensuring such data are publicly available, and developing policies and trainings to address systemic implicit bias. In furtherance of that responsibility, the Board shall have the authority to:

(1) ensure law enforcement compliance with the requirements of 20 V.S.A. § 2366
(2) continually review the data collected pursuant to 20 V.S.A. § 2366 to measure State progress toward a fair and impartial system of law enforcement;
(3) provide recommendations to the Criminal Justice Training Council and the Vermont Bar Association,based on the latest social science research and best practices in law enforcement and criminal justice, on a model training and policy for law enforcement, prosecutors, public defenders, judges, and correctional officers to recognize and address implicit bias, and conduct oversight of the statewide adoption and implementation of such policies and trainings;
(4) provide recommendations to the Criminal Justice Training Council, based on the latest social science research and best practices in law enforcement, on a model training and policy on the use of force in policing;
(5) in collaboration with the Criminal Justice Training Council:
(A) oversee the incorporation of implicit bias training into the requirements of basic training pursuant to 20 V.S.A. § 2358; and
(B) oversee the implementation of the refresher trainings as required by 20 V.S.A. § 2358(e);
(6) educate and inform businesses, educational institutions, State and local governments, and the general public about the nature and scope of racial discrimination and the systemic and institutionalized nature of race-based bias
(7) advise and consult with the Executive and Legislative Branches of State government on the assessment of racial impact of policies and legislation; and
(8) on or before January 15, 2018, and annually thereafter, report to the General Assembly, and provide as a part of that report recommendations on:
(A) methods of oversight and professional regulation of the criminal justice system, including a statewide program for civilian oversight of law enforcement;
(B) processes and methodologies to achieve an independent prosecutorial body for investigating and prosecuting law enforcement misconduct;
(C) instituting a public complaint process to address misconduct in the criminal justice system;
(D) expanding jurisdiction of the Board to address institutionalized racism in education, health services access, employment, and housing policy;
(E) prohibiting racial profiling, including any associated penalties;
(F) requiring law enforcement to expand its race data collection practices to include data on law enforcement stops based on reasonable suspicion or probable cause and law enforcement use of force during interactions with civilians; and
(G) amending the Vermont Constitution to clarify that slavery in any form is prohibited.

g) No part of any funds appropriated to the Board by the General Assembly shall, in the absence of express authorization by the General Assembly, be used directly or indirectly for legislative or administrative advocacy. The Board shall review and amend as necessary all existing contracts and grants to ensure compliance with this subsection. As used in this subsection, legislative or administrative advocacy means employment of a lobbyist as defined in 2 V.S.A. chapter 11, or employment of, or establishment of, or maintenance of, a lobbyist position whose primary function is to influence legislators or State officials with respect to pending legislation or regulations.

Sec. 2. 20 V.S.A. § 2358(e) is amended to read:

(1) The criteria for all minimum training standards under this section shall include anti-bias, appropriate use of force, and deescalation training approved by the Vermont Criminal Justice Training Council and training on the State, county, or municipal law enforcement agency’s fair and impartial policing policy, adopted pursuant to subsection 2366(a) of this title.
(2) On or before December 31, 2018, law enforcement officers shall receive a minimum of four hours of training as required by this subsection.
(3) In order to remain certified, law enforcement officers shall receive a refresher course on the training required by this subsection during every odd- numbered year in a program approved by the Vermont Criminal Justice Training Council.
(4) All training completed by law enforcement officers shall be reported to the Criminal Justice Training Council and the Racial Justice Oversight Board on or before April 1, 2018, and annually thereafter, and shall be made publicly available.

Sec. 4. 20 V.S.A. § 2366 is amended to read:

4 § 2366. LAW ENFORCEMENT AGENCIES; FAIR AND IMPARTIAL 5 POLICING POLICY; RACE DATA COLLECTION

(a)

(1) On or before January 1, 2016, the Criminal Justice Training Council, in consultation with stakeholders, including the Vermont League of Cities and Towns, the Vermont Human Rights Commission, and Migrant Justice, shall create a model fair and impartial policing policy. On or before July 1, 2016, every State, local, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with section 2358 of this title shall adopt a fair and impartial policing policy that includes, at a minimum, the elements of the Criminal Justice Training Council model fair and impartial policing policy in its entirety.

(2) On or before July 1, 2017 and annually thereafter, the Criminal Justice Training Council, in consultation with the Vermont League of Cities and Towns, the Vermont Human Rights Commission, the Vermont chapter of the ACLU, Migrant Justice, Justice for All, the Racial Justice Oversight Board, and law enforcement shall review and update the model fair and impartial policing policy.

(b) If a law enforcement agency or constable that is required to adopt a policy pursuant to subsection (a) of this section fails to do so on or before July 1, 2016, that agency or constable shall be deemed to have adopted, and shall follow and enforce, the model policy issued by the Criminal Justice Training Council.

(c) On or before September 15, 2014, and annually thereafter as part of their annual training report to the Council, every State, county, and municipal law enforcement agency and every constable who exercises law enforcement authority pursuant to 24 V.S.A. § 1936a and who is trained in compliance with section 2358 of this title shall report to the Council and to the Racial Justice Oversight Board whether the agency or officer has adopted a fair and impartial policing policy in accordance with subsections (a) and (b) of this section. The Criminal Justice Training Council shall determine, as part of the Council’s annual certification of training requirements, whether current officers have received training on fair and impartial policing as required by 20 V.S.A. 16 § 2358(e).

(d) On or before October 15, 2014, and annually thereafter on April 1, the Criminal Justice Training Council shall report to the House and Senate Committees on Judiciary Racial Justice Oversight Board which departments and officers have adopted a fair and impartial policing policy, and whether officers have received training on fair and impartial policing. Justice Oversight Board shall report this information to the House and Senate Committees on Judiciary annually on or before May 1.

(e)

(1) On or before September 1, 2014, every State, county, and municipal law enforcement agency shall collect roadside stop data consisting of the following:

(A) the age, gender, and race of the driver;
(B) the reason for the stop; (
(C) the type of search conducted, if any;
(D) the evidence located, if any; and
(E) the outcome of the stop, including whether:
(i) a written warning was issued;
(ii) a citation for a civil violation was issued;
(iii) a citation or arrest for a misdemeanor or a felony occurred; or
(iv) no subsequent action was taken.

(2) Law enforcement agencies shall work with the Criminal Justice Training Council Racial Justice Oversight Board and a vendor chosen by the Council Board with the goals of collecting uniform data, adopting uniform storage methods and periods, and ensuring that data can be analyzed. Roadside stop data, as well as reports and analysis of roadside stop data, shall be public.

(3) On or before September 1, 2016 and annually thereafter, law enforcement agencies shall provide the data collected under this subsection to the Racial Justice Oversight Board or a vendor chosen by the Criminal Justice Training Council Board under subdivision (2) of this subsection or, in the event the vendor is unable to continue receiving data under this section, to the Council Board. Law enforcement agencies shall provide the data collected under this subsection in an electronic format specified by the receiving entity. (4) The data provided pursuant to subdivision (3) of this subsection shall be posted electronically in a manner that is analyzable and accessible to the public on the receiving agency’s website.

Sec. 5. EFFECTIVE DATE

This act shall take effect on passage.