§ 428. Provost marshal
(a) Appointment; qualifications.
(1) The Adjutant and Inspector General may:
(A) appoint to serve as provost marshal an officer who holds the rank of major (O-4) or
below and is certified as a Level III law enforcement officer by the Vermont Criminal
Justice Council; and
(B) appoint to serve as assistant provost marshal a noncommissioned officer who holds
the rank of first sergeant (E-8) or below and is certified as a Level III law enforcement
officer by the Vermont Criminal Justice Council.
(2) The provost marshal and the assistant provost marshal shall serve at the pleasure
of the Adjutant and Inspector General.
(b) Duties. The provost marshal shall report directly to the Adjutant and Inspector General and
shall have the following duties:
(1) Serve as the primary liaison between the Vermont National Guard and federal, State,
and local law enforcement agencies, including:
(A) reporting and documenting criminal activity identified within the Guard;
(B) providing assistance to federal, State, and local law enforcement;
(C) overseeing the use of National Guard personnel and resources to assist civil authorities
in relation to disasters, special events, and other similar activities; and
(D) coordinating with State’s Attorneys and the Attorney General in cases related to members
of the Vermont National Guard.
(2) Supervise the Vermont National Guard’s utilization of the National Crime Information
Center and the Vermont Crime Information Center.
(3) Oversee security-related issues, including:
(A) monitoring local and State threats and anti-terrorism efforts;
(B) coordinating with relevant agencies in relation to the security of high-risk personnel;
(C) cooperating with the Director of Military Support and other relevant federal agencies
in anti-terrorism efforts and critical infrastructure protection in relation to domestic
emergencies; and
(D) providing information to the Director of Military Support in relation to addressing
criminal threats, handling of sensitive information, and information sharing with
civilian law enforcement agencies.
(4) Respond to allegations of sexual assault within the Vermont National Guard, including:
(A) reporting and documenting allegations of sexual assault within the Guard;
(B) coordinating and communicating with the Vermont National Guard Sexual Assault Response
Coordinator as appropriate;
(C) coordinating and communicating with federal, State, and local law enforcement in relation
to allegations of sexual assault by a member of the Vermont National Guard; and
(D) coordinating with State’s Attorneys and the Attorney General in cases related to an
alleged sexual assault by a member of the Vermont National Guard.
(c) Powers. The provost marshal and the assistant provost marshal shall have the same powers and
immunities as those conferred on the State Police by section 1914 of this title. The powers granted to the provost marshal and the assistant provost marshal under
this section may be exercised statewide with respect to criminal activity in the National
Guard only. Nothing in this subsection shall be construed to prevent an individual
serving as the provost marshal or assistant provost marshal from working as an officer
in another law enforcement agency or from exercising the law enforcement authority
granted to officers working in that agency. (Added 2019, No. 130 (Adj. Sess.), § 1.)