Maine Statute | Act | Code |Title 25. Internal Security And Public Safety| US Code - US Statute | Chapter 341. The Maine Criminal Justice Academy

Title 25 - §2801-A. Definitions

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2801-A. Definitions

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings. [1989, c. 521, §§2, 17 (new).]

1. Board. "Board" means the Board of Trustees of the Maine Criminal Justice Academy. [1989, c. 521, §§2, 17 (new).]

2. Corrections officer. "Corrections officer" means:

A. For state agencies, the following class titles and their successor titles:

(1) Training School Counselor I and II;

(2) Training School Counselor Supervisor;

(3) Corrections Officer I, II and III;

(4) Guard;

(5) Guard Sergeant;

(6) Guard Lieutenant; and

(7) Guard Captain; and
[1989, c. 521, §§2, 17 (new).]

B. For county, municipal and other agencies subject to this chapter, a person responsible for the custody of persons confined in a penal institution pursuant to an order of a court or as a result of an arrest. As used in this paragraph, "penal institution" has the same meaning as in Title 15, section 1461, subsection 1. [2005, c. 331, §2 (amd).]

[2005, c. 331, §2 (amd).]

2-A. Court security officer. "Court security officer" means a law enforcement officer employed by the Judicial Branch to provide security and protection to the Judicial Branch and the courts located within the State. [2003, c. 400, §2 (new).]

3. Full-time corrections officer. "Full-time corrections officer" means a person who is employed as a corrections officer with a reasonable expectation of working more than 1,040 hours in any one calendar year for performing corrections officer duties. [2005, c. 331, §3 (amd).]

4. Full-time law enforcement officer. "Full-time law enforcement officer" means a person who is employed as a law enforcement officer with a reasonable expectation of working more than 1,040 hours in any one calendar year for performing law enforcement officer duties. [2005, c. 331, §3 (amd).]

5. Law enforcement officer. "Law enforcement officer" means any person who by virtue of public employment is vested by law with the power to make arrests for crimes or serve criminal process, whether that power extends to all crimes or is limited to specific crimes. As used in this chapter, the term does not include federal law enforcement officers or attorneys prosecuting for the State. [2005, c. 331, §4 (amd).]

6. Part-time corrections officer. "Part-time corrections officer" means a person who is employed as a corrections officer with a reasonable expectation of working no more than 1,040 hours in any one calendar year for performing corrections officer duties. [2005, c. 331, §5 (new).]

7. Part-time law enforcement officer. "Part-time law enforcement officer" means a person who is employed as a law enforcement officer with a reasonable expectation of working no more than 1,040 hours in any one calendar year for performing law enforcement officer duties. [2005, c. 331, §5 (new).]

8. Transport officer. "Transport officer" means a person responsible for transferring or conveying from one place to another individuals who are confined in a penal institution pursuant to an order of a court or as a result of an arrest. As used in this subsection, "penal institution" has the same meaning as in Title 15, section 1461, subsection 1. [2005, c. 331, §5 (new).]

Section History:
PL 1989,
Ch. 521,
§2,17 (NEW).
PL 2003,
Ch. 19,
§1 (AMD).
PL 2003,
Ch. 400,
§2 (AMD).
PL 2005,
Ch. 331,
§2-5 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2801. Maine Criminal Justice Academy; purpose

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2801. Maine Criminal Justice Academy; purpose

There is created within the Department of Public Safety a criminal justice training facility to be known as the "Maine Criminal Justice Academy," as authorized by Title 5, section 12004-C, subsection 5, which is established in the State. [2005, c. 331, §1 (amd).] div>
The purpose of the Maine Criminal Justice Academy shall be to provide a central training facility for all law enforcement and corrections personnel in the State and also for criminal justice personnel. The academy shall serve to promote the highest levels of professional law enforcement performance and to facilitate coordination and cooperation between various law enforcement and criminal justice agencies. [1989, c. 521, §1 (amd).]

Section History:
PL 1969,
Ch. 491,
§1 (NEW).
PL 1971,
Ch. 241,
§ (AMD).
PL 1971,
Ch. 592,
§10 (AMD).
PL 1973,
Ch. 136,
§1 (RPR).
PL 1975,
Ch. 579,
§5 (AMD).
PL 1977,
Ch. 701,
§1 (AMD).
PL 1983,
Ch. 812,
§151 (AMD).
PL 1989,
Ch. 503,
§B105 (AMD).
PL 1989,
Ch. 521,
§1 (AMD).
PL 1997,
Ch. 577,
§1 (AMD).
PL 2005,
Ch. 331,
§1 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2802. Board of trustees

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2802. Board of trustees

There is created a board of trustees for the academy consisting of 17 members as follows: the Commissioner of Public Safety, ex officio, the Attorney General, ex officio, the Game Warden Colonel in the Department of Inland Fisheries and Wildlife, ex officio, the Commissioner of Corrections, ex officio, and the Chief of the State Police, ex officio, and the following to be appointed by the Governor: a county sheriff, a chief of a municipal police department, 2 officers of municipal police departments, an educator who is not and has never been a sworn member of a law enforcement agency, a representative from a criminal justice agency not involved in the general enforcement of Maine criminal laws, a representative of a federal law enforcement agency, 3 citizens each of whom are not and have never been sworn members of a law enforcement agency, a municipal official who is not and has never been a sworn member of a law enforcement agency and one nonsupervisory corrections officer representing a state or county correctional facility. [2005, c. 331, §7 (amd).] div>
A designee of an ex officio member is a member of the board only during the term of office of the ex officio member who designated the designee. All of the other members of the board serve for a term of 3 years. A trustee holds office for the term for which the trustee is appointed or until the trustee's successor had been appointed and qualified. Members of the board are entitled to compensation in accordance with Title 5, chapter 379. Any vacancy on the board of trustees must be filled in the same manner as the original appointment, but for the unexpired term. [2005, c. 331, §7 (amd).]

Section History:
PL 1969,
Ch. 491,
§1 (NEW).
PL 1971,
Ch. 241,
§ (AMD).
PL 1971,
Ch. 592,
§11 (RPR).
PL 1975,
Ch. 579,
§6 (AMD).
PL 1975,
Ch. 771,
§267 (AMD).
PL 1977,
Ch. 701,
§2 (AMD).
PL 1981,
Ch. 493,
§2,3 (AMD).
PL 1983,
Ch. 812,
§152 (AMD).
PL 1985,
Ch. 194,
§ (AMD).
PL 1993,
Ch. 744,
§1 (AMD).
PL 2005,
Ch. 331,
§7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2803-A. Powers and duties of the board of trustees

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2803-A. Powers and duties of the board of trustees

The board has the following powers and duties: [1989, c. 521, §§4, 17 (new).]

1. Training and certification of all law enforcement officers in State. In accordance with this chapter, to establish training and certification standards for all law enforcement officers, set requirements for board-approved courses, prescribe curriculum and certify both graduates of board-approved courses and persons for whom the board has waived the training requirements of this chapter. Certification must be based on the officer's demonstration of having acquired specific knowledge and skills directly related to job performance; [2005, c. 331, §8 (amd).]

2. Admission standards. In accordance with the requirements of this chapter, to establish standards for admission to the board-approved courses, including academic and physical admission standards that apply uniformly to all candidates applying for admission to the academy; [2005, c. 331, §9 (amd).]

3. Certification of criminal justice executives. To certify and set standards for certification of criminal justice executives. As used in this subsection, "criminal justice executives" means police chiefs, sheriffs and the persons directly below the police chiefs or sheriffs in line of command; [2005, c. 331, §10 (amd).]

4. Training and certification of sheriffs. [2005, c. 331, §11 (rp).]

5. Training and certification of corrections personnel. In accordance with the requirements of this chapter, to approve training programs for corrections officers, including prescription of curriculum and setting of standards for graduation from those approved programs and certification of persons graduating from the basic training course prescribed in this chapter. Certification shall be based on the officer's demonstration of having acquired specific knowledge and skills directly related to job performance; [1989, c. 521, §§4, 17 (new).]

6. Training and certification of State Police enlisted personnel. [1993, c. 744, §4 (rp).]

7. Training of harbor masters. To establish suitable training programs for harbor masters authorized to make arrests under Title 38, chapter 1, subchapter I, relevant to their duties as harbor masters; [1989, c. 521, §§4, 17 (new).]

8. Training and certification in court procedures. To establish certification standards and a program to certify law enforcement officers as being familiar with current court procedures. This program shall include:

A. Sufficient instruction in the basic training courses approved by the board under this chapter to satisfy certification standards upon successful completion of the course; [1989, c. 521, §§4, 17 (new).]

B. A method by which law enforcement officers whose basic training course did not contain the instruction required by paragraph A may satisfy the certification standards; and [1989, c. 521, §§4, 17 (new).]

C. A requirement that in-service training programs required under section 2804-E include instruction on current court procedures; [1989, c. 521, §§4, 17 (new).]

[1989, c. 521, §§4, 17 (new).]

8-A. Training of security officers of the Bureau of Capitol Security. To establish certification standards and a training program for security officers appointed by the Commissioner of Public Safety pursuant to section 2908. This program must include:

A. The preservice law enforcement training under section 2804-B; [2005, c. 331, §12 (amd).]

B. An additional 120-hour field training program developed and approved by the board that is specific to the duties of a security officer; and [2001, c. 559, Pt. KK, §2 (new).]

C. In-service law enforcement training that is specifically approved by the board as prescribed in section 2804-E. [2001, c. 559, Pt. KK, §2 (new).]

Security officers are exempt from section 2804-C; [2005, c. 331, §12 (amd).]

8-B. Training of court security officers. To establish certification standards and a preservice and in-service training program for court security officers. This program must include:

A. Preservice law enforcement training under section 2804-B; [2003, c. 400, §5 (new).]

B. An additional 40-hour basic court security training program developed and approved by the board that is specific to the duties of a court security officer; and [2003, c. 400, §5 (new).]

C. In-service law enforcement training that is specifically approved by the board as prescribed in section 2804-E. [2003, c. 400, §5 (new).]

Court security officers are exempt from section 2804-C, but completion of basic training under section 2804-C exempts a person from the preservice training requirement under paragraph A; [2003, c. 400, §5 (new).]

8-C. Training of transport officers. To establish certification standards and a training program for transport officers. This program must include the preservice law enforcement training under section 2804-B; [2005, c. 331, §13 (new).]

9. Other training programs. To establish, within the limits of funds available and with the approval of the commissioner, additional training programs considered to be beneficial to law enforcement officers, corrections officers and criminal justice personnel; [1989, c. 521, §§4, 17 (new).]

10. Establish fees. To establish, with the approval of the commissioner, reasonable fees for attendance to defray at least part of the operation costs of the academy; [1989, c. 521, §§4, 17 (new).]

11. Formulate a budget. [2005, c. 331, §14 (rp).]

12. Accept funds and grants. With the approval of the commissioner, to accept such federal funds or grants as may be available to carry out the purposes of the academy; [1989, c. 521, §§4, 17 (new).]

13. Acquire facilities. With the approval of the commissioner, to lease, rent or acquire adequate facilities to conduct the academy's training programs; [1989, c. 521, §§4, 17 (new).]

14. Certification of instructors. To certify and set standards for certification of law enforcement and criminal justice instructors to be used in all academy preservice, basic and in-service training programs as required by the board of trustees and over which the board has statutory control; [1989, c. 521, §§4, 17 (new).]

15. Revocation or suspension of certification. To revoke or suspend a certificate issued under section 2806; and [1989, c. 521, §§4, 17 (new).]

16. Provide assistance and materials. To provide to state, municipal and county corrections officers and state, municipal and county law enforcement officers any assistance or instructional materials the board considers necessary to fulfill the purposes of this chapter and Title 30-A, sections 381 and 2671. [2005, c. 331, §15 (amd).]

Section History:
PL 1989,
Ch. 521,
§4,17 (NEW).
PL 1993,
Ch. 744,
§2-4 (AMD).
PL 1997,
Ch. 395,
§O2 (AMD).
PL 1999,
Ch. 630,
§1 (AMD).
PL 2001,
Ch. 559,
§KK2 (AMD).
PL 2003,
Ch. 400,
§5 (AMD).
PL 2005,
Ch. 331,
§8-15 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2803-B. Requirements of law enforcement agencies

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2803-B. Requirements of law enforcement agencies

1. Law enforcement policies. All law enforcement agencies shall adopt written policies regarding procedures to deal with the following:

A. Use of force; [1993, c. 744, §5 (new).]

B. Barricaded persons and hostage situations; [1993, c. 744, §5 (new).]

C. Persons exhibiting deviant behavior; [1993, c. 744, §5 (new).]

D. Domestic violence, which must include, at a minimum, the following:

(1) A process to ensure that a victim receives notification of the defendant's release from jail;

(2) A process for the collection of information regarding the defendant that includes the defendant's previous history, the parties' relationship, the name of the victim and a process to relay this information to a bail commissioner before a bail determination is made; and

(3) A process for the safe retrieval of personal property belonging to the victim or the defendant that includes identification of a possible neutral location for retrieval, the presence of at least one law enforcement officer during the retrieval and giving the victim the option of at least 24 hours notice to each party prior to the retrieval;
[2003, c. 361, §1 (amd).]

E. Hate or bias crimes; [1993, c. 744, §5 (new).]

F. Police pursuits; [1993, c. 744, §5 (new).]

G. Citizen complaints of police misconduct; [2003, c. 370, §1 (amd).]

H. Criminal conduct engaged in by law enforcement officers; [2003, c. 656, §1 (amd); c. 677, §1 (amd).]

I. Death investigations, including at a minimum the protocol of the Department of the Attorney General regarding such investigations; [RR 2003, c. 2, §89 (cor).]

J. Public notification regarding persons in the community required to register under Title 34-A, chapter 15; and [RR 2003, c. 2, §90 (cor).]
(REALLOCATED TO T. 25, §2803-B, sub-§1, paragraph K)

J. [2003, c. 677, §3 (new); RR 2003, c. 2, §91 (ral).]
(REALLOCATED FROM T. 25, §2803-B, sub-§1, paragraph J)

K. Digital, electronic, audio, video or other recording of law enforcement interviews of suspects in serious crimes and the preservation of investigative notes and records in such cases. [RR 2003, c. 2, §91 (ral).]

The chief administrative officer of each agency shall certify to the board that attempts were made to obtain public comment during the formulation of policies. [RR 2003, c. 2, §§89-91 (cor).]

2. Minimum policy standards. The board shall establish minimum standards for each law enforcement policy no later than June 1, 1995, except that policies for expanded requirements for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be established no later than January 1, 2003; policies for death investigations under subsection 1, paragraph I must be established no later than January 1, 2004; policies for public notification regarding persons in the community required to register under Title 34-A, chapter 15 under subsection 1, paragraph J must be established no later than January 1, 2006; and policies for the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be established no later than January 1, 2005. [2005, c. 397, Pt. C, §17 (rpr).]

3. Agency compliance. The chief administrative officer of each law enforcement agency shall certify to the board no later than January 1, 1996 that the agency has adopted written policies consistent with the minimum standards established by the board pursuant to subsection 2, except that certification to the board for expanded policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) to (3) must be made to the board no later than June 1, 2003; certification to the board for adoption of a death investigation policy under subsection 1, paragraph I must be made to the board no later than June 1, 2004; certification to the board for adoption of a public notification policy under subsection 1, paragraph J must be made to the board no later than June 1, 2006; and certification to the board for adoption of a policy for the recording and preservation of interviews of suspects in serious crimes under subsection 1, paragraph K must be made to the board no later than June 1, 2005. The certification must be accompanied by copies of the agency policies. The chief administrative officer of each agency shall certify to the board no later than June 1, 1996 that the agency has provided orientation and training for its members with respect to the policies, except that certification for orientation and training with respect to expanded policies for domestic violence under subsection 1, paragraph D, subparagraphs (1) and (3) must be made to the board no later than January 1, 2004; certification for orientation and training with respect to policies regarding death investigations under subsection 1, paragraph I must be made to the board no later than January 1, 2005; certification for orientation and training with respect to policies regarding public notification under subsection 1, paragraph J must be made to the board no later than January 1, 2007; and certification for orientation and training with respect to policies regarding the recording and preservation of interview of suspects in serious crimes under subsection 1, paragraph K must be made to the board no later than January 1, 2006. [2005, c. 331, §16 (rpr); §33 (aff).]

4. Penalty. [2005, c. 331, §17 (rp).]

5. Annual standards review. The board shall review annually the minimum standards for each policy to determine whether changes in any of the standards are necessary to incorporate improved procedures identified by critiquing known actual events or by reviewing new enforcement practices demonstrated to reduce crime, increase officer safety or increase public safety. [1993, c. 744, §5 (new).]

6. Freedom of access. The chief administrative officer of a municipal, county or state law enforcement agency shall certify to the board annually beginning on January 1, 2004 that the agency has adopted a written policy regarding procedures to deal with a freedom of access request and that the chief administrative officer has designated a person who is trained to respond to a request received by the agency pursuant to Title 1, chapter 13. [2003, c. 185, §1 (new).]

Section History:
PL 1993,
Ch. 744,
§5 (NEW).
PL 2001,
Ch. 686,
§B1 (AMD).
PL 2003,
Ch. 185,
§1 (AMD).
PL 2003,
Ch. 361,
§1 (AMD).
PL 2003,
Ch. 370,
§1-4 (AMD).
PL 2003,
Ch. 656,
§1-4 (AMD).
PL 2003,
Ch. 677,
§1-4 (AMD).
RR 2003,
Ch. 2,
§89-91 (COR).
PL 2005,
Ch. 331,
§16,17 (AMD).
PL 2005,
Ch. 331,
§33 (AFF).
PL 2005,
Ch. 397,
§C17 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2803-C. Penalty

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2803-C. Penalty

An agency that fails to comply with a provision of this chapter commits a civil violation for which the State or local government entity whose officer or employee committed the violation may be adjudged a fine not to exceed $500. [2005, c. 331, §18 (new).]

Section History:
PL 2005,
Ch. 331,
§18 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2803. Powers and duties (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2803. Powers and duties (REPEALED)

Section History:
PL 1969,
Ch. 491,
§1 (NEW).
PL 1971,
Ch. 241,
§ (AMD).
PL 1971,
Ch. 592,
§12 (RPR).
PL 1973,
Ch. 327,
§1 (AMD).
PL 1975,
Ch. 579,
§7 (RPR).
PL 1975,
Ch. 770,
§112 (AMD).
PL 1977,
Ch. 701,
§3-4 (AMD).
PL 1979,
Ch. 261,
§1 (AMD).
PL 1981,
Ch. 470,
§A139 (AMD).
PL 1983,
Ch. 244,
§1-5 (AMD).
PL 1985,
Ch. 155,
§1-3 (AMD).
PL 1985,
Ch. 432,
§ (AMD).
PL 1985,
Ch. 742,
§2 (AMD).
PL 1987,
Ch. 737,
§C69,C106 (AMD).
PL 1989,
Ch. 6,
§ (AMD).
PL 1989,
Ch. 9,
§2 (AMD).
PL 1989,
Ch. 104,
§C8,C10 (AMD).
PL 1989,
Ch. 521,
§3,17 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2804-A. Director; appointment; powers and duties

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-A. Director; appointment; powers and duties

The Commissioner of Public Safety, with the advice and consideration of the board of trustees, shall appoint a director, who is the administrator of the academy. Qualifications of the director must be established by the commissioner and the board jointly. The salary of the director must be established by the commissioner and the board jointly. The director may be dismissed for cause by the commissioner with the approval of the board. [2005, c. 331, §19 (amd).] div>
The director shall have the duty to plan, direct and supervise the day-to-day operation of the academy and shall be charged with the responsibility of carrying out the policy and procedures established by the board. [1975, c. 579, §9 (new).] div>
The director shall employ, within the limits of funds available, with the approval of the board and the commissioner and subject to the Civil Service Law, such personnel as may be reasonably necessary to carry out the purposes of the academy. [1985, c. 785, Pt. B, §112 (amd).]

Section History:
PL 1975,
Ch. 579,
§9 (NEW).
PL 1985,
Ch. 785,
§B112 (AMD).
PL 2005,
Ch. 331,
§19 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2804-B. Preservice law enforcement training

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-B. Preservice law enforcement training

1. Required. A person may not serve as a law enforcement officer with the power to make arrests or the authority to carry a firearm in the course of duty until certified by the board as satisfying all preservice training requirements. [1997, c. 395, Pt. O, §3 (amd).]

2. Preservice training standards. The board shall establish standards for preservice training certification. In establishing the standards, the board shall consider the use of a registered apprenticeship with a certified, experienced officer, to be followed by an examination given by the board, as an alternative to part or all of the preservice training course leading to preservice certification. In establishing the standards, the board shall cooperate with the State and local departments and agencies to which the preservice standards apply to ensure that the standards are appropriate. [2005, c. 331, §20 (amd).]

3. Certification. The board shall certify each person who meets the preservice training standards as eligible to serve as a law enforcement officer with the power to make arrests and the authority to carry a firearm in the course of duty, subject to annual recertification training as prescribed by the board. [1997, c. 395, Pt. O, §3 (amd).]

4. Course. The board shall provide a training course, the successful completion of which must meet the preservice training standards. In developing and delivering the training course, the board shall consider the use of telecommunications technology. The board may work with post-secondary and other institutions within the State to deliver the preservice training course throughout the State as often as reasonable demand requires. [1989, c. 521, §§5, 17 (new).]

5. Agency sponsorship. The board shall evaluate the use of law enforcement agency sponsorship, screening of preservice training applicants and students and the availability of preservice training before employment. [1989, c. 521, §§5, 17 (new).]

6. Completion of basic law enforcement training sufficient. The board shall certify law enforcement officers who successfully complete basic law enforcement training under section 2804-C before being empowered to make arrests or given the authority to carry a firearm in the course of duty as having satisfied the preservice training standards. [1989, c. 521, §§5, 17 (new).]

7. Reserve and other part-time law enforcement officers. The board shall certify law enforcement officers who successfully complete preservice law enforcement training as reserve or part-time law enforcement officers. Thereafter, as a condition of continued service as a reserve or part-time law enforcement officer, the officer must satisfactorily maintain the preservice certification. The board shall maintain a roster of all currently certified reserve or part-time law enforcement officers. The roster must be available for inspection by the public at the academy during regular working hours. [1993, c. 551, §1 (amd).]

8. Application to currently certified law enforcement officers. This section does not apply to any law enforcement officer certified as meeting the law enforcement training requirements or to any full-time law enforcement officer employed by a state agency, including the University of Maine System, as of July 1, 1990. [1989, c. 521, §§5, 17 (new).]

Section History:
PL 1989,
Ch. 521,
§5,17 (NEW).
PL 1993,
Ch. 551,
§1 (AMD).
PL 1993,
Ch. 630,
§B5 (AMD).
PL 1997,
Ch. 395,
§O3 (AMD).
PL 2005,
Ch. 331,
§20 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2804-C. Basic law enforcement training; core curriculum requirements

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-C. Basic law enforcement training; core curriculum requirements

1. Required. As a condition to the continued employment of any person as a full-time law enforcement officer by a municipality, a county, the State or any other nonfederal employer, that person must successfully complete, within the first 12 months of initial employment, the basic training course at the Maine Criminal Justice Academy approved by the board. If a person's failure to comply with this requirement was a result of that person's failure to satisfy any of the admission standards applicable to the basic training course and that person is subsequently employed as a full-time law enforcement officer within 12 months of termination of the initial employment by a municipality, a county, the State or any other nonfederal employer, the person must have satisfied all the admission standards to the satisfaction of the board at the time of hire. As a condition of continued employment as a full-time law enforcement officer, the officer must satisfactorily maintain the basic certification by completing the recertification requirements prescribed by the board. The board, under extenuating and emergency circumstances in individual cases, may extend the 12-month period for not more than 180 days. The board also, in individual cases, may waive the basic training requirement when the facts indicate that an equivalent course has been successfully completed. This section does not apply to any person employed as a full-time law enforcement officer by a municipality on September 23, 1971 or by a county on July 1, 1972. [2005, c. 331, §21 (amd).]

2. Core curriculum requirements. [1993, c. 744, §6 (rp).]

2-A. Probationary employment period. Upon being hired, a law enforcement officer shall complete an employment probationary period that lasts for at least one year after graduation from the academy or the date the board waives the basic training requirement. [1993, c. 744, §6 (new).]

2-B. Training regarding people who are homeless. The board shall include in the basic law enforcement training program a block of instruction aimed specifically at reducing barriers to reporting crimes against people who are homeless and dealing with the unique challenges posed by cases that involve victims or witnesses who are homeless. [2005, c. 393, §1 (new).]

3. Certification. The board shall certify each law enforcement officer who meets the core curriculum training requirements. [1989, c. 521, §§5, 17 (new).]

4. Courses. The board shall:

A. Provide a training course, the successful completion of which meets the basic training requirements; [1993, c. 744, §6 (new).]

B. Provide a structured residential program that balances the goals of professional policing with public services emphasis; and [2005, c. 331, §22 (amd).]

C. Incorporate a community policing philosophy in its training program. [2005, c. 331, §22 (amd).]

D. [2005, c. 331, §23 (rp).]

[2005, c. 331, §§22, 23 (amd).]

5. Application to currently certified law enforcement officers. This section does not apply to any law enforcement officer certified as meeting the law enforcement training requirements or to any full-time law enforcement officer employed by a state agency, including the University of Maine System, as of July 1, 1990. [1989, c. 521, §§5, 17 (new).]

Section History:
PL 1989,
Ch. 521,
§5,17 (NEW).
PL 1993,
Ch. 551,
§2 (AMD).
PL 1993,
Ch. 744,
§6 (AMD).
PL 1997,
Ch. 395,
§O4 (AMD).
PL 2005,
Ch. 331,
§21-23 (AMD).
PL 2005,
Ch. 393,
§1 (AMD).
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Title 25 - §2804-D. Basic corrections training

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-D. Basic corrections training

1. Required. As a condition to the continued employment of any person as a full-time corrections officer by a municipality, a county, the State or any other nonfederal employer, that person must successfully complete, within the first 12 months of employment, a basic training course of not less than 80 hours as approved by the board. Thereafter, as a condition of continued employment as a full-time corrections officer, the officer must satisfactorily maintain the basic certification. The board, under extenuating and emergency circumstances in individual cases, may extend the 12-month period for not more than 90 days. The board, in individual cases, may waive basic training requirements when the facts indicate that an equivalent course has been successfully completed in another state or federal jurisdiction within the 2 years immediately preceding employment. This section applies to any person employed as a full-time corrections officer on or after July 6, 1978. Administrators of facilities where there are corrections officers who are not full-time are encouraged to develop an orientation program for those persons. A full-time correctional trade instructor hired after January 1, 2002 must meet the training requirements established under this subsection for full-time corrections officers. [2001, c. 386, §6 (amd).]

Section History:
PL 1989,
Ch. 521,
§5,17 (NEW).
PL 1993,
Ch. 551,
§3 (AMD).
PL 1997,
Ch. 14,
§1 (AMD).
PL 2001,
Ch. 386,
§6 (AMD).
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Title 25 - §2804-E. In-service law enforcement training

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-E. In-service law enforcement training

1. Required. As a condition to the continued employment of a person as a law enforcement officer with the power to make arrests or the authority to carry a firearm in the course of duty by a municipality, county, the State or other nonfederal employer, that person must successfully complete in-service training as prescribed by the board. [1997, c. 395, Pt. O, §5 (amd).]

2. Role of board. The board shall establish in-service recertification training requirements, consistent with subsection 1, coordinate delivery of in-service training with postsecondary schools and other institutions and law enforcement agencies and administer in-service training programs. The in-service recertification training requirements must include information on new laws and court decisions and on new enforcement practices demonstrated to reduce crime or increase officer safety. The board shall consider and encourage the use of telecommunications technology in the development and delivery of in-service training programs. In establishing the recertification training requirements, the board shall cooperate with the state and local departments and agencies to which the in-service requirements apply to ensure that the standards are appropriate. In-service training may not be applied to satisfy in-service recertification training requirements unless it is approved by the board. [1993, c. 744, §7 (amd).]

3. Additional certificates. The board may offer additional certificates to be awarded for completion of additional education, experience and certified board-approved training. [1989, c. 521, §§5, 17 (new).]

4. Credit for continuing education. The board may grant in-service training credits to be applied to in-service recertification training requirements for courses completed at accredited colleges and universities. [1993, c. 744, §8 (new).]

Section History:
PL 1989,
Ch. 521,
§5,17 (NEW).
PL 1993,
Ch. 744,
§7,8 (AMD).
PL 1997,
Ch. 395,
§O5 (AMD).
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Title 25 - §2804-F. In-service corrections training

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-F. In-service corrections training

1. Required. As a condition to the continued employment of any person as a full-time corrections officer by a municipality, county, the State or other nonfederal employer, that person shall successfully complete in-service training as prescribed by the board. [1989, c. 521, §§5, 17 (new).]

2. Role of board. The board shall establish in-service training requirements, coordinate delivery of in-service training with post-secondary and other institutions and corrections agencies and administer in-service training programs. The in-service training requirements shall include information on new laws and court decisions. The board shall consider and encourage the use of telecommunications technology in the development and delivery of in-service training programs. In establishing the requirements, the board shall cooperate with the State and local departments and agencies to which the in-service requirements apply to ensure that the standards are appropriate. [1989, c. 521, §§5, 17 (new).]

3. Provisions of in-service training. In-service training programs which meet the requirements established under subsection 2, may be provided by the Maine Criminal Justice Academy or the agency employing the corrections officer. [1989, c. 521, §§5, 17 (new).]

Section History:
PL 1989,
Ch. 521,
§5,17 (NEW).
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Office of the Revisor of Statutes
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Title 25 - §2804-G. Qualifications

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-G. Qualifications

1. Age. An applicant must be 21 years of age or older to qualify for a position as a law enforcement officer unless the applicant has an associate's degree or 60 credit hours of postsecondary education, in which case the applicant must be at least 20 years of age. [1993, c. 744, §9 (new).]

Section History:
PL 1993,
Ch. 744,
§9 (NEW).
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Title 25 - §2804-H. Continuing certification

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-H. Continuing certification

If the commissioner or deputy commissioner is a law enforcement officer who is certified under sections 2804-B and 2804-C, the officer's certification does not lapse during the period the officer serves as commissioner or deputy commissioner. [2001, c. 559, Pt. EE, §2 (amd).]

Section History:
PL 1999,
Ch. 114,
§1 (NEW).
PL 2001,
Ch. 559,
§EE2 (AMD).
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Title 25 - §2804-I. Law enforcement training for harbor masters and municipal shellfish conservation wardens

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-I. Law enforcement training for harbor masters and municipal shellfish conservation wardens

Harbor masters and municipal shellfish conservation wardens must successfully complete the preservice law enforcement training requirements in section 2804-B and the in-service law enforcement training requirements in section 2804-E in order to have the power to make arrests or to carry a firearm. Harbor masters and municipal shellfish conservation wardens are exempt from section 2804-C. [1999, c. 682, §5 (new).]

Section History:
PL 1999,
Ch. 682,
§5 (NEW).
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Office of the Revisor of Statutes
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Title 25 - §2804-J. Law enforcement training for security officers of the Bureau of Capitol Security

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-J. Law enforcement training for security officers of the Bureau of Capitol Security

The following provisions govern the training and certification of security officers appointed pursuant to section 2908. [2001, c. 559, Pt. KK, §3 (new).]

1. Security officers hired or appointed before March 1, 2002. A security officer hired or appointed before March 1, 2002 must successfully complete, before July 1, 2003, the requirements established in section 2803-A, subsection 8-A in order to have the power to make arrests or to carry a firearm. [2001, c. 559, Pt. KK, §3 (new).]

2. Security officers hired or appointed on or after March 1, 2002. A security officer hired or appointed on or after March 1, 2002 must have successfully completed, at the time the person is hired or within the first 12 months of employment, the requirements established in section 2803-A, subsection 8-A in order to have the power to make arrests or to carry a firearm. [2001, c. 559, Pt. KK, §3 (new).]

Section History:
PL 2001,
Ch. 559,
§KK3 (NEW).
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Title 25 - §2804-K. Law enforcement training for court security officers

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804-K. Law enforcement training for court security officers

As a condition to the continued employment of any person as a full-time court security officer, that person must successfully complete, within the first 12 months of employment, the training required under section 2803-A, subsection 8-B. Thereafter, as a condition of continued employment as a full-time court security officer, the officer must satisfactorily maintain the court security officer certification by completing recertification requirements prescribed by the board. The board, under extenuating and emergency circumstances in individual cases, may extend that period for not more than 90 days. [2003, c. 400, §6 (new).]

Section History:
PL 2003,
Ch. 400,
§6 (NEW).
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Office of the Revisor of Statutes
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Title 25 - §2804. Meetings

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2804. Meetings

The board of trustees shall meet at such time or times as may be reasonably necessary to carry out their duties, but it shall meet at least once in each calendar quarter at such place and time as the board shall determine and it shall meet at the call of the chairman. The board shall organize annually by electing a chairman, vice-chairman and secretary from among its members. [1975, c. 579, § 8 (amd).]

Section History:
PL 1969,
Ch. 491,
§1 (NEW).
PL 1971,
Ch. 241,
§ (AMD).
PL 1971,
Ch. 592,
§13 (AMD).
PL 1975,
Ch. 579,
§8 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2805-A. Standards for reserve and other part-time law enforcement officers (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2805-A. Standards for reserve and other part-time law enforcement officers (REPEALED)

Section History:
PL 1979,
Ch. 311,
§ (NEW).
PL 1983,
Ch. 67,
§3-5 (AMD).
PL 1983,
Ch. 615,
§1 (AMD).
PL 1985,
Ch. 155,
§5 (AMD).
PL 1989,
Ch. 521,
§7,17 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2805-B. Employment and training records

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2805-B. Employment and training records

1. Annual report and records. Within 30 days of the close of each calendar year, the highest elected official of each political subdivision and the head of each state department and agency employing law enforcement or corrections officers subject to this chapter shall provide the board with a report containing a list of the names and dates of employment of all law enforcement and corrections officers covered by this chapter. The official or department or agency head shall maintain records regarding the basic and in-service training of law enforcement and corrections officers as provided in sections 2804-C to 2804-F. The report provided to the board must include the total number of excessive force complaints received about law enforcement or corrections officers during the reporting year by the reporting jurisdiction and the total number of these complaints that were determined to be founded and unfounded. The board may adopt additional categories that law enforcement agencies shall record and include in their annual report to the board. [1993, c. 744, §10 (amd).]

2. New officers. Whenever a law enforcement officer or corrections officer is newly appointed, the official or department or agency head shall send notice of appointment within 30 days to the board on a form provided for that purpose. The form is deemed an application for admission to the training program or for other certification as required by this chapter. [2005, c. 331, §24 (amd).]

3. Termination of officers. Whenever the employment of a law enforcement officer or corrections officer is terminated, the official or department or agency head shall send notice of the termination within 30 days to the board on a form provided for that purpose. [2005, c. 331, §25 (new).]

Section History:
PL 1989,
Ch. 521,
§8,17 (NEW).
PL 1993,
Ch. 744,
§10 (AMD).
PL 2005,
Ch. 331,
§24,25 (AMD).
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Office of the Revisor of Statutes
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Title 25 - §2805-C. Complaint review committee

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2805-C. Complaint review committee

1. Committee. The chair of the board shall appoint 3 members of the board to serve on the complaint review committee. One of the members must be one of the citizen members of the board. All members of the committee must be present for deliberations. A majority vote is necessary to recommend taking corrective or disciplinary action on a complaint or to order an independent investigation pursuant to section 2806, subsection 1-A. [1997, c. 42, §1 (amd).]

2. Investigation. The committee shall investigate complaints regarding any violation of this chapter or rules established by the board by a law enforcement or corrections officer and recommend appropriate action to the board. [1993, c. 744, §11 (new).]

Section History:
PL 1993,
Ch. 744,
§11 (NEW).
PL 1997,
Ch. 42,
§1 (AMD).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2805. Qualifications (REPEALED)

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2805. Qualifications (REPEALED)

Section History:
PL 1971,
Ch. 451,
§ (NEW).
PL 1971,
Ch. 592,
§13-A (RPR).
PL 1971,
Ch. 622,
§86 (AMD).
PL 1973,
Ch. 136,
§2,3 (AMD).
PL 1973,
Ch. 327,
§2 (AMD).
PL 1973,
Ch. 625,
§169 (AMD).
PL 1973,
Ch. 672,
§1-3 (AMD).
PL 1975,
Ch. 770,
§113 (AMD).
PL 1977,
Ch. 203,
§ (AMD).
PL 1977,
Ch. 650,
§2 (AMD).
PL 1977,
Ch. 701,
§5-8 (AMD).
PL 1979,
Ch. 261,
§2 (AMD).
PL 1979,
Ch. 541,
§A168 (AMD).
PL 1983,
Ch. 67,
§1-2 (AMD).
PL 1985,
Ch. 155,
§4 (AMD).
PL 1989,
Ch. 477,
§1 (AMD).
PL 1989,
Ch. 521,
§6,17 (RP ).
PL 1989,
Ch. 878,
§B23,24 (RP ).
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Office of the Revisor of Statutes
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State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2806. Enforcement provision

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2806. Enforcement provision

1. Suspension or revocation. The board of trustees:

A. Shall, no later than March 1st of every year, beginning in 2001, review the certification of all law enforcement and corrections officers and decertify those individuals who do not meet certification or recertification requirements; [1997, c. 395, Pt. O, §6 (rpr).]

B. May suspend or revoke the certificate issued pursuant to former section 2803, 2805 or 2805-A or section 2803-A, 2804-B, 2804-C or 2804-D of any person who:

(1) Has been found guilty of murder or any crime classified in state law as a Class A, Class B, Class C or Class D crime or a violation of any provision of the Maine Criminal Code, chapter 15, 19, 25 or 45;

(2) Has engaged in conduct that is prohibited or penalized by state law as murder or a Class A, Class B, Class C or Class D crime or by any provision of the Maine Criminal Code, chapter 15, 19, 25 or 45;

(3) Has been found guilty of conduct specified in subparagraph (2) in another state or other jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred;

(4) Has engaged in conduct specified in subparagraph (2) in another state or other jurisdiction, unless that conduct is not punishable as a crime under the laws of that state or other jurisdiction in which it occurred;

(5) Has falsified or misrepresented material facts in obtaining or maintaining the certificate;

(6) Has engaged in conduct that violates the standards established by the board pursuant to section 2803-B, subsection 1, as long as the conduct, when viewed in light of the nature and purpose of the person's conduct and circumstances known to the person, involves a gross deviation from the standard of conduct that a reasonable and prudent law enforcement officer would observe in the same situation; or

(7) Has engaged in a sexual act, as defined in Title 17-A, section 251, subsection 1, paragraph C, or in sexual contact, as defined in Title 17-A, section 251, subsection 1, paragraph D with another person, not the person's spouse, if at the time of the sexual act or sexual contact:

(a) The officer was engaged in an investigation or purported investigation involving an allegation of abuse, as defined in Title 19, section 762, subsection 1 and in Title 19-A, section 4002, subsection 1;

(b) The other person was the alleged victim of that abuse;

(c) The parties did not have a preexisting and ongoing sexual relationship that included engaging in any sexual act or sexual contact; and

(d) Fewer than 60 days had elapsed since the officer initially became involved in the investigation or purported investigation; and

[1997, c. 402, §1 (amd).]

C. Shall investigate a complaint, on its own motion or otherwise, regarding the failure of a law enforcement or corrections officer to comply with the requirements of section 2804-D, 2804-E or 2804-F, and any rules adopted under those sections. The board may, upon notice, conduct an informal conference with the officer. If the board finds that the factual basis of the complaint is true and that further action is warranted, it may take the following action:

(1) Enter into a consent agreement with the officer, which agreement may contain provisions to ensure compliance, including voluntary surrender of the certificate and terms and conditions of recertification; or

(2) Refer the complaint to the Attorney General for action in the District Court.
[1997, c. 402, §2 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

[1997, c. 395, Pt. O, §6 (amd); c. 402, §§1, 2 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

1-A. Investigation and notice of complaints. Before proceeding with a hearing to suspend or revoke a law enforcement or corrections officer's certification under subsection 1, paragraph B, subparagraph (2), (4) or (6), the board shall notify the chief administrative officer of the agency employing the officer that the board is contemplating suspension or revocation of the officer's certification. The chief administrative officer shall investigate the alleged conduct and report its findings to the board within 30 days of receiving notice of the board's contemplation of suspension or revocation. The board shall proceed with any suspension or revocation action it determines appropriate after receiving the chief administrative officer's report. This subsection does not preclude a chief administrative officer from investigating conduct that may give rise to grounds for suspension or revocation before receiving a request for an investigation from the board, provided that the chief administrative officer notifies the board following that investigation if the investigation reveals reasonable cause to believe that an officer has engaged in conduct described in subsection 1, paragraph B, subparagraph (2), (4) or (6). Nothing in this subsection precludes the board from investigating conduct of a law enforcement officer on its own or referring a matter of such conduct to another agency for investigation. Whenever a chief administrative officer of an agency employing an officer has a duty to investigate alleged conduct of an officer or has the authority to investigate alleged conduct of an officer pursuant to this subsection, and the chief administrative officer decides to investigate, the chief administrative officer or the officer who is the subject of the investigation may petition the complaint review committee of the board for an independent investigation by the Department of the Attorney General or another agency approved by the board. [1997, c. 42, §2 (amd).]

2. Procedure. For action taken by the board under subsection 1, the procedure is as follows:

A. For subsection 1, paragraph A and subsection 1, paragraph B, subparagraph (2), (4), (5), (6) or (7):

(1) In accordance with Title 5, chapter 375, subchapter 4; or

(2) Upon notice, through conducting an informal conference with the officer. If the board finds the factual basis of the complaint is true and that further action is warranted, it may enter into a consent agreement with the officer, which may contain provisions including voluntary surrender of the certificate and terms and conditions of recertification;
[2005, c. 331, §26 (amd).]

B. For subsection 1, paragraph B, subparagraph (1) or (3), in accordance with Title 5, section 10004; and [2005, c. 331, §27 (amd).]

C. For subsection 1, paragraph C, in accordance with Title 5, chapter 375, subchapter VI. [RR 1991, c. 2, §97 (cor).]

[2005, c. 331, §§26, 27 (amd).]

3. Procedure. [1979, c. 261, §4 (rp).]

3-A. Judicial review; stay of revocation. Any party aggrieved by a final decision of the board of trustees shall be entitled to judicial review in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter VII. Notwithstanding Title 5, section 11004, no suspension of law enforcement powers, nor any prohibition of employment as a corrections officer, shall become effective until 30 days after receipt of notice of the final decision by the party so aggrieved. If the aggrieved party shall petition the Superior Court for review within such 30-day period, no suspension shall take effect until the petition is heard in the Superior Court. [1979, c. 261, §5 (new).]

4. Decisions and notification. [1979, c. 261, §6 (rp).]

4-A. Injunction. In the event of any continued violation of section 2804-B, 2804-C, 2804-D, 2804-E or 2804-F subsequent to a final decision by the board of trustees or judicial review by the Superior Court, the Attorney General may institute injunction proceedings to enjoin that continued violation. [1989, c. 521, §§10, 17 (amd).]

5. Appeal procedure. [1979, c. 261, §8 (rp).]

6. Injunction. [1979, c. 261, §8 (rp).]

7. Recertification. A person whose certificate has been revoked under subsection 1, paragraph B, may apply to the board for reinstatement of certification if:

A. The certificate was revoked for a cause other than engaging in conduct that is prohibited or penalized by state law as murder; or as a Class A, Class B or Class C crime; or for equivalent conduct in another state or other jurisdiction; [1991, c. 790, §5 (new).]

B. At least 3 years have elapsed since revocation of the certificate; and [1991, c. 790, §5 (new).]

C. A law enforcement agency has indicated a commitment to hire the officer if the officer is certified. [1991, c. 790, §5 (new).]

The granting of certification under this subsection is governed by Maine Criminal Justice Academy rules relating to certification. The officer is subject to all training requirements applicable to persons whose certification has lapsed. [1991, c. 790, §5 (new).]

8. Confidentiality; access to documents. All complaints, charges or accusations of misconduct, replies to those complaints, charges or accusations and any other information or materials that may result in suspension or revocation of a certificate of eligibility are confidential. If action is taken pursuant to Title 5, chapter 375, subchapter IV, the board shall issue a written decision. This decision must state the conduct or other facts on the basis of which action is being taken and the reason for that action. Once issued, the written decision is not confidential regardless of whether it is appealed under subsection 3-A. [1993, c. 551, §5 (new).]

Section History:
PL 1973,
Ch. 672,
§4 (NEW).
PL 1977,
Ch. 701,
§9 (AMD).
PL 1979,
Ch. 261,
§3-8 (AMD).
PL 1983,
Ch. 244,
§6,7 (AMD).
PL 1989,
Ch. 521,
§9,10,17 (AMD).
PL 1991,
Ch. 451,
§ (AMD).
PL 1991,
Ch. 790,
§1-5 (AMD).
RR 1991,
Ch. 2,
§97 (COR).
PL 1993,
Ch. 551,
§4,5 (AMD).
PL 1993,
Ch. 744,
§12-14 (AMD).
PL 1995,
Ch. 462,
§A49 (AMD).
PL 1997,
Ch. 42,
§2 (AMD).
PL 1997,
Ch. 395,
§O6 (AMD).
PL 1997,
Ch. 402,
§1,2 (AMD).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
PL 2005,
Ch. 331,
§26,27 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2807. Reports of conviction or misconduct by law enforcement and corrections officers

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2807. Reports of conviction or misconduct by law enforcement and corrections officers

In the event that a law enforcement or corrections officer is convicted of a crime or violation or engages in conduct that could result in suspension or revocation of the officer's certificate pursuant to section 2806 and the chief administrative officer of the agency employing the officer has knowledge of the conviction or conduct, then the chief administrative officer shall expeditiously notify the Director of the Maine Criminal Justice Academy with the name of the law enforcement or corrections officer and a brief description of the conviction or conduct. [2005, c. 331, §28 (amd).]

Section History:
PL 1983,
Ch. 67,
§6 (NEW).
PL 1983,
Ch. 544,
§1 (NEW).
PL 1985,
Ch. 506,
§A49 (RPR).
PL 1995,
Ch. 131,
§3 (AMD).
PL 2005,
Ch. 331,
§28 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2808. Sharing of training costs

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2808. Sharing of training costs

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Governmental entity" means the State or any city, town, plantation or county. [1985, c. 506, Pt. A, §50 (new).]

B. "Training" means the basic training provided to a full-time law enforcement officer by the Maine Criminal Justice Academy, as described in section 2804-C. [2005, c. 331, §29 (amd).]

C. "Training costs" means a fixed dollar amount determined by the board. In making the determination, the board shall include the following costs:

(1) The full cost of the salary, including fringe benefits, paid to the officer while in training;

(2) The full cost of the tuition charged by the Maine Criminal Justice Academy;

(3) The full cost of uniforms for training and graduation provided to the officer in training; and

(4) The full cost of the salary, inclusive of overtime, paid to officers to provide police protection that would otherwise have been lost during the absence of the officer in training.

The board shall review the determination of training costs annually, make any necessary adjustments and provide that determination to all law enforcement agencies in the State. [2005, c. 331, §30 (rpr).]

[2005, c. 331, §§29, 30 (amd).]

2. Reimbursement for training costs. [2005, c. 331, §31 (rp).]

3. Reimbursement for training costs. Whenever a full-time law enforcement officer, trained at the Maine Criminal Justice Academy at the expense of a particular governmental entity, is subsequently hired by another governmental entity as a full-time law enforcement officer within 5 years of graduation from the academy, the governmental entity shall reimburse the first governmental entity according to the following formula.

A. If the officer is hired by the other governmental entity during the first year after graduation, that governmental entity shall reimburse the first governmental entity the full cost of the training costs. [1989, c. 521, §13 (new).]

B. If the officer is hired by the other governmental entity during the 2nd year after graduation, that governmental entity shall reimburse the first governmental entity 80% of the training costs. [1989, c. 521, §13 (new).]

C. If the officer is hired by the other governmental entity during the 3rd year after graduation, that governmental entity shall reimburse the first governmental entity 60% of the training costs. [1989, c. 521, §13 (new).]

D. If the officer is hired by the other governmental entity during the 4th year after graduation, that governmental entity shall reimburse the first governmental entity 40% of the training costs. [1989, c. 521, §13 (new).]

E. If the officer is hired by the other governmental entity during the 5th year after graduation, that governmental entity shall reimburse the first governmental entity 20% of the training costs. [1989, c. 521, §13 (new).]

F. If the officer graduated more than 5 years before subsequently being hired by the other governmental entity, that governmental entity is not obligated to reimburse the first governmental entity. [2005, c. 331, §32 (amd).]

If the officer is subsequently hired by additional governmental entities within 5 years of graduation from the academy, each of those governmental entities is liable to the governmental employer immediately preceding it for the training costs paid by that governmental entity under this subsection. The extent of financial liability must be determined according to the formula established by this subsection. Reimbursement is not required when the trained officer hired by a governmental entity has had employment with a prior governmental entity terminated at the discretion of the governmental entity. [2005, c. 331, §32 (amd).]

Section History:
PL 1985,
Ch. 506,
§A50 (NEW).
PL 1989,
Ch. 454,
§ (AMD).
PL 1989,
Ch. 521,
§11-13,17 (AMD).
PL 1991,
Ch. 581,
§ (AMD).
PL 2005,
Ch. 331,
§29-32 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 25 - §2809. Report to Legislature

Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
Part 8: MAINE CRIMINAL JUSTICE ACADEMY
Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY

§2809. Report to Legislature

Beginning January 1, 1991, the board shall report annually to the joint standing committee of the Legislature having jurisdiction over criminal justice and public safety matters on the implementation and effectiveness of this chapter. The purpose of the report is to provide the Legislature annual information on the law governing law enforcement training in order to ensure that appropriate and timely training is accomplished. The report must include the following: [2003, c. 510, Pt. C, §7 (amd).]

1. Availability of training. An evaluation of the availability of preservice, basic and in-service training throughout the State. The evaluation must cover whether any municipalities operated without adequate law enforcement officers with the power to make arrests because training was not available in a timely manner; [1989, c. 521, §§14, 17 (new).]

2. In-service training requirements. An explanation of in-service training requirements for law enforcement and corrections officers, including any changes in the requirements and a discussion of the adequacy of the requirements; [1989, c. 521, §§14, 17 (new).]

3. In-service training courses. An evaluation of available board-approved in-service training courses for law enforcement and corrections officers and the participation level in each; [1989, c. 521, §§14, 17 (new).]

4. Training for exempt law enforcement officers. An explanation and evaluation of the training provided by the state agencies for their law enforcement officers who are exempt from the requirements of this chapter under section 2801-B; and [1989, c. 521, §§14, 17 (new).]

5. Other information. Any other information the Legislature may request or the board determines is appropriate. [1989, c. 521, §§14, 17 (new).]

Section History:
PL 1989,
Ch. 521,
§14,17 (NEW).
PL 2003,
Ch. 510,
§C7 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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