It's been discussed before (on here and in the "real" world) but I'd like to bring it back up again with a few points directly from state statutes. I'd like some well thought out responses to this question; "Do Corrections Officers in the state of Vermont fall under the provisions of HR 218?".
From what I've read it appears that one could make a very good argument that we are indeed covered under it regardless of what "others" have said. The basis for my statement are these statues:
From HR 218
From VT Statutes, Title 28, Chapter 5, Section 301
Now according to what I have been reading on this it appears that one of the biggest deciding factors for HR 218 is powers of arrest, something that I have been told that CO's in VT lack. But according to this statue we do have powers of arrest even if they are limited to porbationers.
The only thing that I am still a bit hesitant on is line 2 of HR 218 that I posted above, the one that says
. In general the vast majority of CO's are unarmed in the state, but we do have a few positions that are armed. The question to me is if that statement is in regards to a person or to a position. I.E. "You" as in me personally or "You" as in CO's in the state of Vermont.
So your thoughts on this please. BTW I just love it when goverment agencies attempt to cover everything with the wording of their laws and still manage to miss an entire area of classification. Gotta love it.
From what I've read it appears that one could make a very good argument that we are indeed covered under it regardless of what "others" have said. The basis for my statement are these statues:
From HR 218
`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--
`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;
`(2) is authorized by the agency to carry a firearm;
`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;
`(2) is authorized by the agency to carry a firearm;
(2) Arrest of person on probation. Any correctional officer may arrest a probationer without a warrant if, in the judgment of the correctional officer, the probationer has violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution; or may deputize any other law enforcement officer to arrest a probationer without a warrant by giving him or her a written statement setting forth that the probationer has, in the judgment of the correctional officer, violated a condition or conditions of his or her probation other than a condition that the probationer pay restitution. The written statement delivered with the person by the arresting officer to the supervising officer of the correctional facility to which the person is brought for detention shall be sufficient warrant for detaining him or her.
The only thing that I am still a bit hesitant on is line 2 of HR 218 that I posted above, the one that says
`(2) is authorized by the agency to carry a firearm;
So your thoughts on this please. BTW I just love it when goverment agencies attempt to cover everything with the wording of their laws and still manage to miss an entire area of classification. Gotta love it.
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