Vermont Rejects Police Chase Limits: Letting Suspects Escape Could Be More Dangerous
On February 2, 2026, the Law Enforcement Advisory Board (LEAB) submitted its annual report to the General Assembly, recommending against a statewide mandate that would have restricted police pursuits solely to cases involving violent felonies.
While the decision has been characterized by some as a retreat from reform, the board’s findings suggest a strategic pivot: shifting from creating new rules to ensuring compliance with those already on the books.
The LEAB’s recommendation ensures Vermont will continue to operate under a decentralized framework. While the Vermont State Police and several municipal departments maintain restrictive policies adopted in 2021, other agencies rely on “objectively reasonable” standards.
The Role of Oversight The LEAB operates as an advisory body under the Department of Public Safety, tasked with making policy recommendations. It is distinct from the Vermont Criminal Justice Council (VCJC), which holds the regulatory authority to certify and decertify officers. This distinction is central to the current debate: the LEAB recommends the “how” of policing, while the VCJC handles the “who.”
The Ebbighausen Case and Policy Failure Much of the momentum for pursuit reform followed the July 2023 death of Officer Jessica Ebbighausen, a 19-year-old Rutland Police trainee killed when her cruiser was struck by a fleeing suspect. However, a significant internal affairs investigation by retired Commander Sam Delpha, which became public in late 2025, reframed the tragedy as a failure of supervision and protocol.
Delpha’s report concluded the pursuit should never have been initiated under Rutland’s existing policy, as the underlying offense—a burglary—did not meet the “violent felony” threshold. Furthermore, the report revealed that basic safety protocols, including seatbelt usage, were not followed by the officers in the struck cruiser. For the LEAB, these 16 documented policy violations underscored a critical insight: adding more statewide restrictions may be ineffective if local agencies cannot enforce the rules they already have.
Data and the “Impunity” Argument The Vermont Association of Chiefs of Police (VACOP) has been vocal in its opposition to a “violent felony only” mandate. Law enforcement leaders point to a rise in “dangerous eluding,” where drivers flee for minor infractions under the belief that police are prohibited from chasing them. While highway fatalities saw a decrease in 2024, speed-related deaths have remained a point of concern for state officials. This data has fueled the argument that categorical bans could inadvertently decrease roadway safety by emboldening reckless driving.
Professional Regulation as the New Frontier Rather than drafting new tactical mandates, the state is increasingly leaning on the VCJC’s power of professional regulation. Recent actions illustrate this “personnel-first” strategy:
Windsor County Sheriff Ryan Palmer: On February 4, 2026, the VCJC unanimously voted to temporarily revoke Palmer’s law enforcement certification following his arraignment on multiple felony charges, including stalking and obstruction of justice.
Franklin County Oversight: In late 2025, the Council moved to permanently ban a former deputy following a road rage conviction.
Hartford Misconduct: A former lieutenant was also decertified following an investigation into professional misconduct.
The Path Forward The LEAB’s decision aligns with a broader shift in Montpelier. Governor Phil Scott has emphasized a need for “balance” in public safety, moving away from the sweeping legislative reforms of the 2020–2022 period. The state is essentially betting that the path to safer communities lies in better supervision and the removal of officers who exercise poor judgment, rather than a one-size-fits-all tactical mandate.
Editor’s Note: A previous version of this article incorrectly stated that the Vermont Criminal Justice Council met on February 2, 2026 with their recommendations regarding high-speed chases. This has been corrected in the current story.