An Act Regarding the Maine Criminal Justice Academy
Maine Legislature, Session 122, LD 1362
Committee: Criminal Justice and Public Safety
Sponsors: BLANCHETTE, GERZOFSKY, SYKES, CLUKEY, DAVIS, DIAMOND
Amends: 25 MRSA §2801, 25 MRSA §2801-A, 25 MRSA §2802, 25 MRSA §2803-A, 25 MRSA §2803-B, 25 MRSA §2803-C, 25 MRSA §2804-A, 25 MRSA §2804-B, 25 MRSA §2804-C, 25 MRSA §2805-B, 25 MRSA §2807

Legislative Document 
No. 1362 
H.P.945 
House of Representatives, March 17, 2005 
An Act Regarding the Maine Criminal Justice Academy 
Submitted by the Department of Public Safety pursuant to Joint Rule 204. 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative BLANCHETTE of Bangor. 
1J1~ 
1J7·771tU~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: GERZOFSKY of Brunswick, SYKES of Harrison, Senators: 
CLUKEY of Aroostook, DAVIS of Piscataquis, DIAMOND of Cumberland. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 25 MRSA §2801, first ']l, as amended by PL 1997, c. 577, 
§1, is further amended to read: 
There is created within the Department of Public Safety a 
law eBtaFeelReBt: aBa criminal justice training facility to be 
known as the "Maine Criminal Justice Academy," as authorized by 
Title 5, 
section 12004-C, 
subsection 5, which shall ae is 
established in the State. 
Sec. 2. 25 MRSA §2801-A, sub-§2, ']lB, as enacted by PL 1989, c. 
521, §§2 and 17, is amended to read: 
B. 
For county, municipal and other agencies subject to this 
chapter, a person wha is aetiBea as a eaFFeet:iaBs attieeF as 
aetiBea ay t:he MaiBe bFilRiBal Jllst:iee AeaaelRY responsible 
for the custody, care or treatment 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. 
Sec. 3. 25 MRSA §2801-A, sub-§§3 and 4, as amended by PL 2003, 
c. 19, §1, are further amended to read: 
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 at: least: more than 1,040 
hours 
in 
anyone 
calendar 
aF 
tiseal 
year 
for 
performing 
corrections officer duties. 
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 at: 
least: more than 1,040 hours in anyone calendar aF tiseal year 
for performing law enforcement officer duties. 
Sec. 4. 25 MRSA §2801-A, sub-§5, as enacted by PL 1989, c. 
521, §§2 and 17, is amended to read: 
5. 
Law enforcement officer. 
"Law enforcement officer" 
means any person who by virtue of public employment is vested by 
law with a allt:y t:a lRaiBt:aiB ~llalie aFaeF T t:a ~Faseellt:e atfeBaeFsT 
the power to make arrests tal' eFilRes or serve criminal process, 
whether that allt:y power extends to all crimes or is limited to 
specific crimes, t:a 
~eFtaFIR ~Faaat:iaB tllBet:iaBs aF t:a 
~eFtaFIR 
iBt:eBsive 
sll~eFvisiaB tllBet:iaBs 
and the authority to carry a 
firearm in the course of duty. 
As used in this chapter, the term 
does not include federal law enforcement officers or attorneys 
prosecuting for the State. 
Sec. 5. 25 MRSA §2801-A, sub-§§6 to 8 are enacted to read: 
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 anyone calendar year for performing corrections officer 
duties. 
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 anyone calendar year for performing law 
enforcement officer duties. 
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. 
Sec. 6. 
MRS A §2801-B, sub-§l, as amended by PL 2003, c. 
688, Pt. A, §§25 and 26, is further amended to read: 
1. 
Exemption. 
The training standards aREl 
Fe~\iiFeFReRt;s sf 
t;bis eba~t;eF of section 2804-C do not apply to a ~eFssR ElefiReEl 
ay-t;bis-eba~teF-as-a law enforcement officer who is: 
A. 
An employee of the Department of Corrections with a duty 
to perform probation functions or to perform intensive 
supervision functions; 
B. 
An 
agent or 
a 
representative of the Department of 
Conservation, 
Bureau 
of 
Parks 
and 
Lands 
whose 
law 
enforcement powers are limited to those specified in Title 
12, section 1806; 
C. 
An agent or a representative of the Department of 
Conservation, 
Bureau 
of 
Forestry 
whose 
law 
enforcement 
powers are limited to those specified by Title 12, section 
8901, subsection 3; 
E. 
A harbor master; 
F. 
A municipal shellfish conservation warden; 
G. 
A security officer appointed by the Commissioner of 
Public Safety pursuant to section 2908; 
H. 
The State Fire Marshal; aF 
J. 
A court security officerT~ 
K. 
A transport officer. 
This exemption does not include training requirements set out in 
this chapter that are specific to the positions identified in 
this subsection. 
Sec. 7. 25 MRSA §2802, as amended by PL 1993, c. 744, §1, is 
further amended to read: 
§2802. Board of trustees 
There is created a 
board of trustees for the academy 
consisting of 17 members as follows: 
~he the Commissioner of 
Public Safety, ex officio, the Attorney General, ex officio, the 
Game Warden Colonel in the Department of Inland Fisheries and 
Wildlife aBa, 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 eammissisBea a~~ieeF 
S~ tohe Stoatoe Ps±ieeT 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 wha 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. 
~he GsmmissisBeF 
S~ PHs±ie 
Sa~etoy SF 
tohe 
esmmissisBeF~s 
aesi~BeeT 
tohe 
AtotoaFBey 
GeBeFa± 
aF 
tohe 
AtotosFBey 
GeBeFa±~s 
aesi~BeeT tohe 
Game WaFaeB Gs±sBe± iB tohe 
~epaFtoHleBto 
s~ IB±aBa 
~isheFies aBa Wi±a±i~e SF tohe Game WaFaeB GS±SBe±~s aesi~Bee aBa 
tohe GsmmissisBeF 
s~ GSFFeetoisBs SF 
tohe 
esmmissisBeF~s aesi~Bee 
aFe HleHlseFs a~ tohe ssaFa aHFiB~ toheiF toeFHls s~ s~~ieeT 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 gualified. 
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. 
Sec. 8. 
MRSA §2803-A, sub-§l, as amended by PL 1999, c. 
630, §l, is further amended to read: 
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 performanceTL 
Ne 
laEeF Ehaa MaFeh 
IT 199sT Ehe beaFa shall aesi§a jeiaE 
EFaiaia§ aaa 
eeFEi~ieaEiea sEaaaaFas 
eembiaia§ iaEe 
a 
sia§le 
basie EFaiaia§ ee1::lFSe Ehe pFeseaE SEaEe Peliee ee1::lFSe aaa Ehe 
basie m1::laieipal aaa ee1::laEY 
ee1::lFSeT 
~he jeiaE EFaiaia§ ee1::lFSe 
m1::lSE 
e~1::lal eF eHeeea aay e1::lFFie1::ll1::lffi EFaiaia§ Fe~1::liFemeaEs e~ Ehe 
SEaEe Peliee 
e~~eeEive ea geeemaeF ;UT 1994T 
~he beaFa shall 
FepeFE 
iES 
FeeemmeaaaEieas 
aaa 
Ehe 
aeeessaFY 
implemeatia§ 
le§islaEiea 
~eF a basie EFaiaia§ ee1::lFSe te Ehe I.e§islaE1::lFe by 
APFil IT 199sT 
~he I.e§islaE1::lFe m1::lSE appFeve Ehe asseeiaEea eeSES 
e~-Ehe-jeiaE-EFaiaia§-ee1::lFSe-be~eFe-iE-may-be-implemeaEeaT 
YaEil jeiaE EFaiaia§ aaa eeFEi~ieaEiea sEaaaaFas aFe implemeaEea 
p1::lFS1::laaE Ee Ehis s1::lbseetieaT Ehe bhie~ e~ Ehe SEaEe Peliee shall 
appFeve Ehe basie EFaiaia§ Fe~1::liFemeaEs ~eF ealisEea peFseaael e~ 
Ehe SEaEe Peliee 
~eF §Faa1::laEiea 
~Fem Ehe aeaaemYT 
~he beaFa 
shall 
eeFEi~y SEaEe 
Peliee 
ealisEea peFseaael 
whe 
meeE 
Ehe 
appFevea-basie-EFaiaia§-Fe~1::liFemeaEsf 
Sec. 9. 
MRSA §2803-A, sub-§2, as amended by PL 1993, c. 
744, §3, is further amended to read: 
2. 
Admission 
standards. 
In 
accordance 
with 
the 
requirements 
of 
this 
chapter, 
to 
establish 
standards 
for 
admission to 
the 
board-approved courses, 
Eakia§ 
iaEe 
aeee1::laE 
sEaEe hiFia§ sEaaaaFas aaa pFeeea1::lFeS applieable Ee all SEaEe 
aepaFEmeaEsT 
~He beaFa may aeE seE SEaaaal'as 
~el' aamissiea Ee 
Ehe 
beal'a-appl'evea 
ee1::ll'ses 
1::laEil 
J1::lly 
IT 
199GT 
~el' pel'seas 
l'e~1::lil'ea Ee be El'aiaea 1::laael' 
~iEle ~GT seeEiea 961G T S1::lbSeeEiea 
4T whieh SEaaaal'as al'e hi§hel' Ehaa Ehese ia ~el'ee ea SepEembel' 
6~T 198~T 
~he beal'a shall seE including academic and physical 
admission standards that apply uniformly to all candidates 
applying for admission to the academy 
a~Eel' geeembel' 
~lT 199sT 
~aese SEaaaal'as m1::lSE 
e~1::lal el' eHeeea aay aeaaemie aaa physieal 
aamissieB SEaBaaFaST 
iBel~aiB~ SEaBaaFaS ef Ebe SEaEe PelieeT iB 
effeeE-pFieF-Ee-JaB~aFy-1T-1999; 
Sec. 10. 
MRSA §2803-A, sub-§3, as enacted by PL 1989, c. 
521, §§4 and 17, is amended to read: 
3. 
Certification of criminal justice executives. 
To 
certify and set standards for certification of peliee ebiefs 
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; 
Sec. 11. 
MRS A §2803-A, sub-§4, as enacted by PL 1989, c. 
521, §§4 and 17, is repealed. 
Sec. 12. 25 MRS A §2803-A, sub-§8-A, 'JIA, as enacted by PL 2001, 
c. 559, Pt. KK, §2, is amended to read: 
A. 
The 
lQQ-be~F pre service law enforcement training under 
section 2804-B; 
Sec. 13. 25 MRSA §2803-A, sub-§8-C is enacted to read: 
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; 
Sec. 14. 25 MRSA §2803-A, sub-§l1, as enacted by PL 1989, c. 
521, §§4 and 17, is repealed. 
Sec. 15. 25 MRSA §2803-A, sub-§16, as enacted by PL 1989, c. 
521, §§4 and 17, is amended to read: 
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 seems considers necessary to 
fulfill the purposes of this chapter and Title 30-A, sections 381 
and 2671. 
Sec. 16. 25 MRSA §2803-B, sub-§3, as amended by PL 2003, c. 
656, §4 and c. 677, §4, is repealed and the following enacted in 
its place: 
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 (l) 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, 2005; 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 
(I) 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, 
2006; 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. 
Sec. 17. 
MRSA §2803-B, sub-§4, as amended by PL 2003, c. 
370, §4, is repealed. 
Sec. 18. 25 MRSA §2803-C is enacted to read: 
§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. 
Sec. 19. 
MRSA §2804-A, first <j{, as enacted by PL 1975, c. 
579, §9, is amended to read: 
The Commissioner of Public Safety, with the a~~~eval advice 
and consent of the board of trustees, shall appoint a director, 
who shall ae is the administrator of the academy. Qualifications 
of the director shall must be established by the commissioner and 
the board jointly. The salary of the director saa±± 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. 
Sec. 20. 
MRSA §2804-B, sub-§2, as amended by PL 1993, c. 
630, Pt. B, §5, is further amended to read: 
2. 
Preservice training standards. 
The 
board shall 
establish standards for preservice training certification t:aat: 
aFe e~Hiva±eBt: t:a t:ae ±QQ-aaHF FeseFve affieeF t:FaiBiB~ eaHFse as 
af NavelllaeF ±T 1988. 
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. 
Sec. 21. 25 MRSA §2804-C, sub-§l, as amended by PL 1997, c. 
395, Pt. 0, §4, is further amended to read: 
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 employment as 
a full-time law enforcement 
officer by a municipality, a county, the State or any other 
nonfederal employer, a the basic training course a~~Favea ay t:ae 
aaaFa at the Maine Criminal Justice Academy. 
If the person fails 
to complete the basic training course and the failure is a direct 
result of 
a 
failure 
to 
meet 
admission 
standards, 
and if 
employment is terminated and the person is subsequently employed 
as a full-time law enforcement officer by a municipality, 
a 
county, the State or any other nonfederal employer, then wi thin 
months of the initial employment termination, the person must 
satisfy all the admission standards to the Maine Criminal Justice 
Academy to the satisfaction of the board. 
Thereafter, 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 t:aat: the 
12-month period for not more than 9Q 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. 
.. 
Sec. 22. 25 MRSA §2804-C, sub-§4, <)I<)IB and C, as enacted by PL 
1993, c. 744, §6, are amended to read: 
B. 
Provide a structured residential program that balances 
the goals of professional policing with public services 
emphasis; and 
C. 
Incorporate a 
community policing philosophy in its 
training programT-ana~ 
Sec. 23. 
MRSA §2804-C, sub-§4, <)ID, as enacted by PL 1993, 
c. 744, §6, is repealed. 
Sec. 24. 25 MRS A §2805-B, sub-§2, as enac ted by PL 1989, c. 
521, §§8 and 17, is amended to read: 
2. 
New officers. 
Whenever a law enforcement officer or a 
~Qll-Eime corrections officer is newly appointed, the official or 
department or agency head shall send notice of appointment within 
days to the board on a form provided for that purpose. 
The 
form shall se is deemed an application for admission to the 
training program or for other certification as required by this 
chapter. 
Sec. 25. 25 MRSA §2805-B, sub-§3 is enacted to read: 
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. 
Sec. 26. 25 MRSA §2807, as amended by PL 1995, c. 131, §3, is 
further amended to read: 
§2807. Reports of conviction or misconduct by law enforcement 
and corrections officers 
In the event that a law enforcement or corrections officer 
has seen is convicted of a crime or violation or en~a~ea 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. 
Sec. 27. 2S MRSA §2808, sub-§l, <JIB, as amended by PL 1989, c. 
521, §§11 and 17, is further amended to read: 
B. 
"Training" 
means 
the pFeseFviee 
aBel 
basic training 
provided to paFe-eime 
aF 
g 
full-time 
law enforcement 
a:E:EieeFS officer by the Maine Criminal Justice Academy, as 
described in :EaFmeF section 68GsT saaseeeiaB IT aBel seeeiaB 
68Gs-AT-aF-seeeiaBs-68G4-B-aBEl 2804-C. 
Sec. 28. 2S MRSA §2808, sub-§l, <JIe, as amended by PL 1991, c. 
581, is repealed and the following enacted in its place: 
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. 
Sec. 29. 2S MRSA §2808, sub-§2, as amended by PL 1989, c. 521, 
§12, is repealed. 
Sec. 30. 2S MRSA §2808, sub-§3, as enacted by PL 1989, c. 521, 
§13, is amended to read: 
3. 
Reimbursement for training costs. 
Whenever a fUll-time 
law enforcement officer, trained at the Maine Criminal Justice 
Academy aB aF a:EeeF SepeemaeF IT I989T wRile aB ERe payFall at 
the expense of a particular governmental entity, is subsequently 
hired 
by 
another 
governmental 
entity 
as 
a 
full-time 
law 
enforcement 
officer 
within 
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. 
B. 
If the officer is hired by the ~her governmental entity 
during the 2nd year after graduation, that governmental 
entity shall reimburse the first governmental entity 80~ of 
the training costs. 
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. 
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. 
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. 
F. 
If the officer graduated more 
than 
years before 
subsequently being hired by the other governmental entity, 
that governmental 
entity shall is not 
Be 
obligated to 
reimburse the first governmental entity. 
If the officer is subsequently hired by additional governmental 
enti ties wi thin 5 years of graduation from the academy, each of 
those 
governmental 
entities 
shall 
Be 
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 shall must 
be 
determined 
according to the formula established by this subsection. 
Reimbursement shall is not Be 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. 
Sec. 31. 
Retroactivity. 
That section of this Act that amends 
the Maine Revised Statutes, Title 25, section 2803-B, subsection 
applies retroactively to January 1, 2005. 
SUMMARY 
This bill affects issues related to criminal 
justice 
training in the following ways. 
1. 
It clarifies the general definitions of a corrections 
officer and law enforcement officer and adds new definitions for 
part-time 
law 
enforcement 
officer 
and 
part-time 
corrections 
officer. It also requires the reporting year for law enforcement 
and 
corrections 
officers 
to 
be 
the 
calendar 
year, 
making 
reporting to the Maine Criminal Justice Academy consistent for 
criminal justice agencies. 
2. 
It defines "transport officers," exempts them from the 
current basic training requirements and the mandatory policies 
for law enforcement agencies and requires the Board of Trustees 
of the Maine Criminal Justice Academy to set training standards 
for them. 
3. 
It makes it a civil violation for a state or local 
government entity to violate or fail to comply with any of the 
requirements of the Maine Revised Statutes, Title 25, chapter 341. 
4. 
It adds the Chief of the State Police as an ex officio 
member to the board of trustees and removes 
a 
commissioned 
officer of the State Police. 
5. 
standards 
criminal 
It expands 
the 
for 
and certify 
justice executives. 
board of 
not only 
trustees' 
ability to 
police chiefs, but 
set 
all 
6. 
It corrects an error enacted by the Second Special 
Session of the 121st Legislature regarding the implementation of 
a law enforcement policy and corrects a conflict. 
7. 
It clarifies the time period to be used to determine 
when a fUll-time law enforcement officer is required to attend 
basic training at the academy and extends the waiver period for 
extenuating circumstances. 
8. 
It requires the employing agency to notify the academy 
within 30 days if the agency terminates a 
law enforcement or 
corrections officer's employment. 
9. 
It requires the board of trustees to set standardized 
reimbursable training costs annually. 
10. 
It 
makes 
minor 
technical 
changes 
and 
eliminates 
outdated language.