By Guy Page
Vermont must fight domestic homicide by tightening access to firearms, funding victim services for local police, and expanding police use of a ‘lethality assessment tool,’ Attorney General Charity Clark said at a State House press conference yesterday.
According to Jan. 21 Domestic Violence Fatality Revew Commission report cited and endorsed by Clark, seven of Vermont’s 29 homicides in 2023 were related to domestic violence. Five involved firearms. From 1994 to 2023, there were 432 homicides in Vermont, of which 44 percent, or 190, were determined to be related to domestic violence. 56% of the 190 involved firearms, according to report data.
The homicides include 12 categories, including the commonly-understood homicide of one family member killing another, but also ‘love triangles,’ a death caused by a police officer in the line of duty, domestic-related suicides, and domestic-related fatal drug overdoses.
The Domestic Violence Fatality Review Commission was created by statute in 2002 to collect data on domestic violence-related fatalities to better understand how the fatalities occurred and what can be done to prevent them. The Commission includes 17 members representing law enforcement, health care providers, state agencies, advocates, and the judiciary.
The Domestic Violence Fatality Review Commission recommends:
•Lethality Assessment: The Commission recommends that the state provide resources and funding for the statewide use of a lethality assessment tool (LAP) by law enforcement in every domestic violence incident. They suggest that the Vermont Criminal Justice Council determine the best LAP tool, develop a protocol for its use, and that the Vermont Network Against Domestic and Sexual Violence assist in identifying an effective LAP tool and community advocacy organizations3.
•Changing laws about access to Firearms: The Commission recommends the legislature appoint a study committee to suggest legislative changes to enhance compliance with firearm surrender orders. They also recommend that courts and law enforcement address access to firearms in cases of self-harm and that healthcare providers screen for domestic violence history. Funding should also be provided to raise awareness about the availability of Federal Firearms Licensees (FFLs) for temporary firearms storage.
•Victim Service Positions for Local Police Departments: The Commission recommends funding for two new regional victim service positions that work with municipal agencies to ensure immediate and ongoing victim support in every domestic violence homicide/near homicide and murder/suicide6. These positions should be based in a statewide entity and housed within a local law enforcement agency, focusing solely on victim needs.
Confidential Advocacy for College Students: The Commission recommends that the Intercollegiate Sexual Harm Prevention Council expand its legislative charge to include enhancing the capacity of Vermont institutions of higher education to address dating violence. The Council should also provide a model policy to all Vermont institutions to provide clear access to confidential, community-based resources for students experiencing physical violence or stalking, and to survey colleges to determine which offer comprehensive training on dating violence, stalking prevention, and healthy relationships.
Accountability Programming in a Final Order: The Commission recommends amending state law to give courts explicit authority to impose a condition that a respondent engage in domestic violence accountability programming when a final Relief From Abuse (RFA) order is granted.
Handling Sensitive Evidence Requests: The Commission recommends that law enforcement agencies follow the state model policy that allows access to materials requested by a survivor in a trauma-informed way, with the assistance of an advocate, as long as it does not adversely impact ongoing legal proceedings.
Legislation recommended by Clark and the Commission, if introduced, would likely go to the House Judiciary or Senate Judiciary committees.