An Act to Increase Courthouse Security LR 1145(02)
Maine Legislature, Session 121, LD 0328
Committee Amendment CA_A_S215 (Senate)
Amends: 4 MRSA §17, 25 MRSA §2801-A, 25 MRSA §2801-B, 25 MRSA §2804-K

COMMITTEE AMENDMENT "A" to S . P. 110, L.D. 328, Bill, "An 
Act to Increase Courthouse Security" 
Amend the bill by inserting after the enacting clause and 
before the concept draft summary the following: 
'Sec. I. 4 MRSA §17, sub-§15, as amended by PL 1993, c. 675, 
Pt. C, §7, is repealed and the following enacted in its place: 
15. 
Provide 
for 
court 
security. 
Plan 
and 
implement 
arrangements for safe and secure court premises to ensure the 
orderly conduct of judicial proceedings. 
A. 
The 
State Court Administrator may contract for 
the 
services of gualified individuals as needed on a per diem 
basis 
to 
perform 
court 
security-related 
functions 
and 
services. 
(1) 
For the purposes of this subsection, "gualified 
individuals" 
means 
individuals 
who 
are 
certified 
pursuant to Title 25, section 2804-B or 2804-C and have 
successfully 
completed 
additional training in court 
security provided by the Maine Criminal Justice Academy 
or eguivalent training. 
Page l-LR1145(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 110, L.D. 328 
(2) 
When under contract pursuant to this paragraph and 
then only for the assignment specifically contracted 
for, qualified individuals have the Same duties and 
powers throughout the counties of the State as sheriffs 
have in their respective counties. 
(3) 
Qualified deputy sheriffs performing contractual 
services pursuant to this paragraph continue to be 
employees of the counties in which they are deputized. 
(4) 
Qualified individuals other than deputy sheriffs 
performing 
contractual 
services 
pursuant 
to 
this 
paragraph may not be considered employees of the State 
for any purpose, except that they must be treated as 
employees of the State for purposes of the Maine Tort 
Claims Act and the Maine Workers' Compensation Act of 
1992. 
They must be paid reasonable per diem fees plus 
reimbursement 
of 
actual, 
necessary 
and 
reasonable 
expenses incurred in the performance of their duties, 
consistent with policies established by the State Court 
Administrator. 
B. 
The State Court Administrator may employ other qualified 
individuals to perform court security-related functions and 
services as court security officers. 
(1) 
Court 
security 
officers 
employed 
under 
this 
paragraph must 
be 
certified pursuant 
to Title 
25, 
section 2803-A, subsection 8-B. 
(2) 
When on assignment for court security functions, 
court security officers have the Same powers and duties 
throughout the counties of the State as sheriffs have 
in their respective counties. 
(3) 
Court 
security 
officers 
employed 
under 
this 
paragraph are state employees for all purposes. 
C. 
Notwithstanding any other provision of law, the plans, 
arrangements and files involving court security matters are 
confidential. 
Nothing 
in 
this 
section 
precludes 
dissemination 
of 
that 
information 
to 
another 
criminal 
justice agency: 
Sec. 2. 25 MRSA §2801-A, sub-§2-A is enacted to read: 
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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A: to S.P. 110, L.D. 328 
Sec. 3. 25 MRSA §2801-B, sub-§l, ttll and I, as repealed and 
replaced by PL 2001, c. 710, §11 and affected by §12, are amended 
to read: 
H. 
The State Fire Marshal; e~ 
I. 
The Chief of the Bureau of Liquor Enforcement within the 
Department of Public SafetYTL-Q£ 
Sec. 4. 25 MRS A §2801-B, sub-§l, tJ is enacted to read: 
J. 
A court security officer. 
Sec. 5. 25 MRS A §2803-A, sub-§8-B is enacted to read: 
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 2804-8; 
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 
C. 
In-service law enforcement training that is specifically 
approved by the board as prescribed in section 2804-E. 
Court security officers are exempt 
from section 2804-C, 
but 
completion of basic training under section 
2804-C 
exempts 
a 
person from the pre service training requirement under paragraph A; 
Sec. 6. 25 MRSA §2804-K is enacted to read: 
§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.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to S.P. 110, L.D. 328 
SUMMARY 
This 
amendment 
replaces the bill. 
It provides training 
requirements for court security officers. 
Current law authorizes 
the State Court Administrator to employ court security officers 
who have valid certification as law enforcement officers as well 
as specific training in court security functions. 
This 
amendment 
defines 
"court security officer" 
in the 
context of law enforcement training. 
This amendment requires the Maine Criminal Justice Academy 
to establish certification standards and a training program for 
court security officers. 
The program must include 100 hours of 
preservice training for 
law enforcement officers, 
a 
40-hour 
training 
course 
on 
court 
security 
and 
continuing 
education 
requirements to maintain certification. 
Completion of basic law 
enforcement 
training 
satisfies 
the 
preservice 
training 
requirement. 
FISCAL :\OT£ RHJl iid·:D 
(See~chcd) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Revised: 05/19103 ,;:;tk?aC! 
Office of Fiscal and Program Review 
LD328 
An Act to Increase Courthouse Security 
LR 1145(02) 
Fiscal Note for Bill as Amended by Committee Amendment"~ 5·~1~ 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Undetennined current biennium savings - General Fund 
This bill will exempt court security officers from taking the 18 week" Basic Law Enforcement Training" at the Maine 
Criminal Justice Academy. This exemption will result i~ a significant cost avoidance ofunbudgeted costs to the 
Judicial Department. The Judicial Department will provide in service training and court-security training on the job 
and instruction will be provided by Judicial Branch supervisory and management staff to minimize the cost. 
LRI145(2) - Fiscal Note - Page 1 of 1