An Act Regarding the Maine Criminal Justice Academy
Maine Legislature, Session 122, LD 1362
Committee Amendment CA_A_H576 (House)
Amends: 25 MRSA §2806

COMMITTEE AMENDMENT "A" to H.P. 945, L.D. 1362, Bill, "An 
Act Regarding the Maine Criminal Justice Academy" 
Amend the bill in section 2 in _paragraph B in the 4th line 
(page 1, line 18 in L.D.) by striking out the following: 
" 
care 
or treatment" 
Further amend the bill in section 4 by striking out all of 
subsection 5 and inserting in its place the following: 
'5. 
Law enforcement officer. 
"Law enforcement officer" 
means any person who by virtue of public employment is vested by 
law with a-Q~~Y-~~~~~~~~~~r-~-p~~e~~-9~~eBQe~ST 
the power to make arrests for crimes or serve criminal process, 
whether that Qat:y power extends to all crimes or is limited to 
specific 
crimesT-~~-~~~£m-~~~-~~~~~£--er-~~-pe~Ee~m 
iRt:eBsive--&upe-C-¥-i-s4on--E~Ret:i9Rs. 
As used in this chapter, the 
term 
does 
not 
include 
federal 
law 
enforcement 
officers 
or 
attorneys prosecuting for the State.' 
Further amend the bill in section 6 in subsection 1 
by 
striking out all of the first indented paragraph (page 2, lines 
to 30 in L.D.) and inserting in its place the following: 
'1. 
Exemption. 
The training standards and requirements of 
this-e9.apteF section 2803-B do not apply to a person defined by 
this chapter as a law enforcement officer who is:' 
Further amend the bill in section 16 in subsection 3 in the 
13th line 
(page 
6, 
line 
in 
L.D.) 
by 
striking out 
the 
following: 
"June 
L 
2005" 
and 
inserting in its place 
the 
Page l-LR0409(2) 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 945, L.D. 1362 
following: 
'Jun~ 1_ 2006' and in the 4th and 5th lines from the 
end (page 6, lines 26 
and 27 
in L.D. ) 
by striking out the 
following: 
"January 1_ 
2006" and inserting in its place the 
following: 
'!lanyary 1_ 2007' 
Further amend the bill in section 19 in the first paragraph 
in the 2nd line (page 6, line 48 in L.D.) by striking out the 
following: 
"consent" and inserting in its place the following: 
'consideration' 
Further amend the bill in section 21 by striking out all of 
subsection 1 (page 7, lines 24 to 50 in L.D.) and inserting in 
its place the following: 
'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, 
a ~ basic training 
course at the Maine Criminal !lystice Academy approved by the 
board. 
~e~ea~~e~T-as If a person's failyre to comply with this 
reqyirement was a resylt of that person's failyre to satisfy any 
of the admission stanaards applicable to the basic training 
course and that person is subsequently employed as a fyll-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. 
M 
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 ~hat the 12-month period for not more than g{) 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.' 
Further amend the bill by inserting after section 25 the 
fOllowing: 
'Sec. 26. 25 MRSA §2806, sub-§2, 1JA, as repealed and replaced 
by PL 1995, c. 462, Pt. A, §49, is amended to read: 
A. 
For 
subsection 
1, 
paragraph 
A 
and 
subsection 
1, 
paragraph B, subparagraph (2), (4), (5) e~L (6) or (7): 
COMMITTEE AMENDMENT 
1. 
· 
~fb. 
". 
COMMITTEE AMENDMENT "A" to H.P. 945, L.D. 1362 
(1) 
In 
accordance 
with 
Title 
subchapter ~v 1; or 
5, 
chapter 
375, 
(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; 
Sec. 27. 25 MRSA §2806, sub-§2, ,B, as corrected by RR 1991, 
c. 2, §97, is amended to read: 
B. 
For subsection 1, paragraph B, subparagraph (1) or (3), 
if - ~lie-«-f-i-oe-r--i-Er-empJ:.&y&El-as--a- -l-aw- -e-&f.G.~&& -9 f fiee!;' Tin 
accordance with Title 5, section 10004; and' 
Further amend the bill 
nonconsecutive 
consecutively. 
Part 
letter 
by relettering 
or 
section 
SUMMARY 
or renumbering any 
number 
to 
read 
This amendment affects the laws regarding policies, training 
and reporting at the Maine Criminal Justice Academy as follows. 
1. 
It strikes from section 2 of the bill the words "care or 
treatment." 
This section deals only with 
confined in a 
penal institution and not 
workers, counselors or medical providers. 
custody of 
to teachers, 
persons 
social 
2. 
It clarifies the definition of "law enforcement officer." 
3. 
It specifies that transport officers are exempt from 
basic law enforcement training standards, mandated policies and 
mandatory annual 
reporting but are subject to any statutory 
training requirements specific to that position. 
4. 
It extends from June 1, 2005 to June 1, 2006 the date by 
which law enforcement agencies must adopt policies regarding 
community sex offender notification and extends from January 1, 
2006 to January 1, 2007 the date by which all law enforcement 
officers must be trained regarding the community sex offender 
notification policy. 
5. 
It amends 
the basic law enforcement training course 
prov~s~on by requiring full-time 
law enforcement officers to 
successfully complete the basic training course in the first 12 
COMMITTEE AMENDMENT 
6'0· 
~. 
COMMITTEE AMENDMENT ·A .. to H.P. 945, L.D. 1362 
months of initial employment. 
If that officer fails to satisfy 
the admission standards of the basic training course, the officer 
must meet all entrance standards and be approved by the Board of 
Trustees 
of 
the 
Maine 
Criminal Justice 
Academy 
before that 
officer is employed by any agency. 
The amendment also increases 
the extension of the l2-month period from 90 days to 180 days for 
cases involving extenuating circumstances and requires officers 
to do their training at the Maine Criminal Justice Academy. 
6. 
It clarifies that the Maine Administrative Procedure Act 
must be used for all decertification procedures when an officer 
engages in prohibited conduct. 
FlSCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05124/05 :frac:.. 
LD 1362 
LR 0409(02) 
An Act Regarding the Maine Criminal Justice Academy 
Fiscal Note for Bill as Amended by Committee Amendment "A, 
Committee: Criminal Justice and Public Safety 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new civil violation. 
The collection of additional fines may increase General Fund revenue by minor amounts. 
LR0409(2) - Fiscal Note - Page I of 1