Vermont § 5581 - Eyewitness identification policy

§ 5581. Eyewitness identification policy

• (a) On or before January 1, 2015, 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 20 V.S.A. § 2358 shall adopt an eyewitness identification policy. (b) The written policy shall contain, at a minimum, the following essential elements as
  identified by the Law Enforcement Advisory Board: (1) Protocols guiding the use of a show-up identification procedure. (2) The photo or live lineup shall be conducted by a blind administrator who does not
  know the suspect’s identity. For law enforcement agencies with limited staff, this
  can be accomplished through a procedure in which photographs are placed in folders,
  randomly numbered and shuffled, and then presented to an eyewitness such that the
  administrator cannot see or track which photograph is being presented to the witness
  until after the procedure is completed. (3) Instructions to the eyewitness, including that the perpetrator may or may not be among
  the persons in the identification procedure. (4) In a photo or live lineup, fillers shall possess the following characteristics: (A) All fillers selected shall resemble the eyewitness’s description of the perpetrator
  in significant features such as face, weight, build, or skin tone, including any unique
  or unusual features such as a scar or tattoo. (B) At least five fillers shall be included in a photo lineup, in addition to the suspect. (C) At least four fillers shall be included in a live lineup, in addition to the suspect. (5) If the eyewitness makes an identification, the administrator shall seek and document
  a clear statement from the eyewitness, at the time of the identification and in the
  eyewitness’s own words, as to the eyewitness’s confidence level that the person identified
  in a given identification procedure is the perpetrator. (c) The model policy issued by the Law Enforcement Advisory Board shall encourage ongoing
  law enforcement training in eyewitness identification procedures for State, county,
  and municipal law enforcement agencies and constables who exercise law enforcement
  authority pursuant to 24 V.S.A. § 1936a and are trained in compliance with 20 V.S.A. § 2358. (d) If a law enforcement agency does not adopt a policy by January 1, 2015 in accordance
  with this section, the model policy issued by the Law Enforcement Advisory Board shall
  become the policy of that law enforcement agency or constable. (Added 2013, No. 193 (Adj. Sess.), § 1, eff. June 17, 2014.)