An Act To Implement the Recommendations of the Commission To Improve Community Safety and Sex Offender Accountability Regarding Public Notification by Law Enforcement
Maine Legislature, Session 121, LD 1847
Committee: Criminal Justice and Public Safety
Amends: 25 MRSA §2803-B

Legislative Document 
No. 1847 
H.P.1373 
House of Representatives, February 10, 2004 
An Act To Implement the Recommendations of the Commission To 
Improve Community Safety and Sex Offender Accountability 
Regarding Public Notification by Law Enforcement 
Reported by Representative FAIRCLOTH of Bangor for the Commission to Improve 
Community Safety and Sex Offender Accountability pursuant to Resolve 2003, chapter 75, 
section 8 and chapter 101, section 3. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed under Joint Rule 218. 
Printed on recycled paper 
1J1~ 
frJ.7Il0£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 25 MRSA §2803-B, sub-§I, ,H, as amended by PL 2003, c. 
370, §1, is further amended to read: 
H. 
Criminal conduct engaged in by law enforcement officers; 
aBEl 
Sec. 2. 25 MRSA §2803-B, sub-§I, 1fI, as enacted by PL 2003, c. 
370, §2, is amended to read: 
I. 
Death 
investigations, 
including 
at 
protocol of the Department of the Attorney 
such investigationsT~ 
a 
minimum 
the 
General regarding 
Sec. 3. 25 MRSA §2803-B, sub-§I"J is enacted to read: 
J. 
Public notification regarding persons in the community 
required to register under Title 34-A, chapter 15. 
Sec. 4. 25 MRSA §2803-B, sub-§§2 and 3, as amended by PL 2003, 
c. 370, §3, are further amended to read: 
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 aBeL 
policies for death investigations under subsection 1, paragraph I 
must be established no later than January 1, 2004 and policies 
for 
public 
notification 
regarding 
persons 
in 
the 
community 
required 
to 
register 
under Title 
34-A, 
chapter 
must 
be 
established no later than January 1, 2005. 
3. 
Agency comp1iance. 
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 aBeL 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 
and 
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, 2005. 
This 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 must be made to the board no later than 
January 1, 2004 aBeL certification for orientation and training 
with respect to policies regarding death investigations must be 
made to the board no later than January 1, 2005 and certification 
for orientation and training with respect to policies regarding 
public notification must be made to the board no later than 
January 1, 2006. 
Sec. 5. 
Model sex offender public notification policy for law 
enforcement. 
The Board of Trustees of the Maine Criminal Justice 
Academy shall add 
to 
the list of mandatory 
law enforcement 
policies 
with 
respect 
to 
which 
agencies 
must 
report 
their 
implementation 
and 
training, 
pursuant 
to 
the 
Maine 
Revised 
Statutes, Title 25-A, 
section 2803-B, 
the model 
sex offender 
public notification policy drafted by the Maine Chiefs of Police 
Association in cooperation with sexual assault response teams and 
sexual assault crisis centers. 
SUMMARY 
This bill is the recommendation 
Community Safety and 
Sex Offender 
pursuant to Resolve 2003, chapter 75. 
of the Commission to Improve 
Accountability, 
established 
This bill requires 
law enforcement agencies 
to 
adopt 
a 
written policy regarding public notification of persons in the 
community 
required 
to 
register 
under 
the 
Sex 
Offender 
Registration and Notification Act of 1999. 
This bill requires 
the Board of Trustees of the Maine Criminal Justice Academy to 
use the model policy developed by the Maine Chiefs of Police 
Association, in cooperation with sexual assault response teams 
and sexual assault crisis centers.