The Vermont Senate approved three criminal justice bills last week: S.184, which places more stringent requirements on eyewitness identification of criminal suspects; S.297, which mandates that law enforcement videotape interviews with subjects accused of rape or homicide; and S.285, a provision that allows the Department of Corrections to furlough prisoners that are 65 or older.
The Innocence Project, a national policy group, wrote S.184 and S.297, and both bills were sponsored by Sen. Richard Sears, D-Bennington, chair of the Senate Judiciary Committee.
Witnesses from Massachusetts testified that police that do not use proper protocols for eyewitness identification are more prone to misidentify suspects.
S.184 calls for someone besides the investigating officer to conduct the lineup, and requires that the witness must be told that the lineup may not contain the perpetrator. There must be at least five “fillers” in a photo lineup and at least four in a live lineup, all of whom must resemble the eyewitness’ description of the perpetrator, the bill says.
S.297 requires police to videotape interviews with homicide and rape suspects. Bram Kranichfeld, the executive director of the Department of State’s Attorneys and Sheriffs Association, opposed the videotaping requirement because he said the cost of installing the equipment in police cruisers would be prohibitive.
Matthew Valerio, the Defender General, wants all police interviews to be recorded.
S.285 automatically extends furloughs to inmates who are 65 or older. Sen. Joe Benning, R-Caledonia, explained that the Department of Corrections needs to make way for other prisoners in the state’s system and older inmates do not pose a great risk. Prisoners must have served the minimum sentence for a “qualifying offense,” i.e. a nonviolent crime. Sex offenders above the age of 65 are prohibited from exercising the furlough provision.
There was very little debate over the bills on the Senate floor, each of which passed on a voice vote.
