An Act Relating to Personnel Working in Public Safety
Maine Legislature, Session 130, LD 1128
Committee: Criminal Justice and Public Safety
Sponsors: COREY, COSTAIN, FAY, NEWMAN, PICKETT, RUDNICKI, CYRWAY, DIAMOND
Amends: 14 MRSA §5545, 17-A MRSA §2, 17-A MRSA §101, 17-A MRSA §107, 17-A MRSA §110, 17-A MRSA §1002-A, 17-A MRSA §1004, 17-A MRSA §1058, 25 MRSA §2801-A, 25 MRSA §2803-A, 30-A MRSA §451, 30-A MRSA §1501, 20-A MRSA §12553, 25 MRSA §1611, 25 MRSA §1612, 39-A MRSA §328-A

Legislative Document
No. 1128
H.P. 806
House of Representatives, March 22, 2021
An Act Relating to Personnel Working in Public Safety
Received by the Clerk of the House on March 18, 2021.  Referred to the Committee on 
Criminal Justice and Public Safety pursuant to Joint Rule 308.2 and ordered printed pursuant to 
Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative COREY of Windham.
Cosponsored by Representatives: COSTAIN of Plymouth, FAY of Raymond, NEWMAN of 
Belgrade, PICKETT of Dixfield, RUDNICKI of Fairfield, Senators: CYRWAY of Kennebec, 
DIAMOND of Cumberland.
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1.  14 MRSA §5545, as amended by PL 2015, c. 335, §5, is further amended 
to read:
§5545.  Habeas corpus for prisoner as witness
A court may issue a writ of habeas corpus, when necessary, to bring before it a prisoner 
for trial in a cause pending in such court, or to testify as a witness when his the prisoner's 
personal attendance is deemed determined necessary for the attainment of justice.
Whenever, under this section or under any other section in this chapter, a court issues 
a writ of habeas corpus ordering before it a prisoner confined in any penal or correctional 
institution under the control of the Department of Corrections, or confined in any county 
jail, its order as to the transportation of the prisoner to and from the court must be directed 
to the sheriff of the county in which the court is located.  It is the responsibility of the sheriff 
or any one or more of the sheriff's authorized deputies or transport officers pursuant to any 
such order to safely transport a prisoner to and from the court and to provide safe and secure 
custody of the prisoner during the proceedings, as directed by the court.  At the time of 
removal of a prisoner from an institution, the transporting officer shall leave with the head 
of the institution an attested copy of the order of the court, and upon return of the prisoner 
shall note that return on the copy.
Any prisoner who escapes from custody of the sheriff or any of his the sheriff's 
deputies, transport officers or any other law enforcement officer following removal for 
appearance in court, from a penal or correctional institution or from a county jail, and prior 
to return thereto, shall be  is chargeable with escape from the penal or correctional 
institution or county jail from which he the prisoner was removed, and shall be punished is 
subject to punishment in accordance with Title 17‑A, section 755.
For purposes of this section, "transport officer" has the same meaning as in Title 30-A, 
section 451, subsection 15.
Sec. A-2.  17-A MRSA §2, sub-§5-E is enacted to read:
5-E.  Correctional facility law enforcement officer.  "Correctional facility law 
enforcement officer" means a corrections officer who is certified pursuant to Title 25, 
section 2803-A as a corrections employee with law enforcement powers.
Sec. A-3.  17-A MRSA §2, sub-§25-A is enacted to read:
25-A.  Transport officer.  "Transport officer" has the same meaning as in Title 30-A, 
section 451, subsection 15.
Sec. A-4.  17-A MRSA §101, sub-§5, as repealed and replaced by PL 2009, c. 336, 
§5, is amended to read:
5.   For purposes of this chapter, use by a law enforcement officer, a transport officer, 
a corrections officer or a corrections supervisor of the following is use of nondeadly force:
A.  Chemical mace or any similar substance composed of a mixture of gas and 
chemicals that has or is designed to have a disabling effect upon human beings; or
B.  A less-than-lethal munition that has or is designed to have a disabling effect upon 
human beings.  For purposes of this paragraph, "less-than-lethal munition" means a 
low-kinetic energy projectile designed to be discharged from a firearm that is approved 
by the Board of Trustees of the Maine Criminal Justice Academy.
Sec. A-5.  17-A MRSA §107, sub-§5, as amended by PL 1995, c. 215, §2, is 
repealed.
Sec. A-6.  17-A MRSA §107, sub-§5-A, as amended by PL 2003, c. 143, §3, is 
repealed.
Sec. A-7.  17-A MRSA §107, sub-§5-B is enacted to read:
5-B.   A corrections officer, corrections supervisor, correctional facility law 
enforcement officer or another individual responsible for the custody, care or treatment of 
persons in custody, pursuant to an order of a court or as a result of arrest, is justified in 
using a reasonable degree of nondeadly force upon another person:
A.  When and to the extent the corrections officer, corrections supervisor, correctional 
facility law enforcement officer or other individual reasonably believes it necessary to 
prevent an escape from custody or to enforce the rules of the correctional facility; or
B.  In self-defense or to defend a 3rd person from what the corrections officer, 
corrections supervisor, correctional facility law enforcement officer or other individual 
reasonably believes to be the imminent use of unlawful nondeadly force encountered 
while seeking to prevent an escape from custody or while enforcing the rules of the 
correctional facility.
Sec. A-8.  17-A MRSA §107, sub-§5-C is enacted to read:
5-C.   A corrections officer, corrections supervisor or correctional facility law 
enforcement officer responsible for a person in custody, pursuant to an order of a court or 
as a result of arrest, is justified in using deadly force when the corrections officer, 
corrections supervisor or correctional facility law enforcement officer reasonably believes 
such force is necessary:
A.  For self-defense or to defend a 3rd person from what the corrections officer, 
corrections supervisor or correctional facility law enforcement officer reasonably 
believes is the imminent use of unlawful deadly force; or
B.  To prevent an escape from custody when the corrections officer, corrections 
supervisor or correctional facility law enforcement officer reasonably believes the 
person has committed a crime involving the use or threatened use of deadly force, is 
using a dangerous weapon in attempting to escape or otherwise indicates that the person 
is likely to seriously endanger human life or to inflict serious bodily injury unless 
apprehended without delay and:
(1)  The corrections officer, corrections supervisor or correctional facility law 
enforcement officer has made reasonable efforts to advise the person that the 
corrections officer, corrections supervisor or correctional facility law enforcement 
officer is attempting to prevent the escape from custody and the corrections officer, 
corrections supervisor or correctional facility law enforcement officer reasonably 
believes that the person is aware of this advice; or
(2)  The corrections officer, corrections supervisor or correctional facility law 
enforcement officer reasonably believes that the person in custody otherwise 
knows the corrections officer, corrections supervisor or correctional facility law 
enforcement officer is attempting to prevent the escape from custody.
For the purposes of this subsection, a reasonable belief that another person has committed 
a crime involving use or threatened use of deadly force is a reasonable belief in facts, 
circumstances and the law that, if true, would constitute such an offense by the person.  If 
the facts and circumstances reasonably believed would not constitute such an offense, an 
erroneous but reasonable belief that the law is otherwise justifies the use of deadly force to 
prevent an escape.
Sec. A-9.  17-A MRSA §107, sub-§5-D is enacted to read:
5-D.   A corrections officer, corrections supervisor, correctional facility law 
enforcement officer or law enforcement officer is justified in using deadly force against a 
person confined in the Maine State Prison when the corrections officer, corrections 
supervisor, correctional facility law enforcement officer or law enforcement officer 
reasonably believes that deadly force is necessary to prevent an escape from custody by 
that person.  The corrections officer, corrections supervisor, correctional facility law 
enforcement officer or law enforcement officer shall make reasonable efforts to advise the 
person that if the attempt to escape does not stop immediately, deadly force will be used.  
This subsection does not authorize any corrections officer, corrections supervisor, 
correctional facility law enforcement officer or law enforcement officer who is not 
employed by a state agency to use deadly force.
Sec. A-10.  17-A MRSA §107, sub-§5-E is enacted to read:
5-E.   A private person who has been directed by a corrections officer, corrections 
supervisor or correctional facility law enforcement officer responsible for a person in 
custody, pursuant to an order of a court or as a result of arrest, to assist the corrections 
officer, corrections supervisor or correctional facility law enforcement officer in preventing 
an escape from custody is justified in using:
A.  A reasonable degree of nondeadly force when and to the extent that the private 
person reasonably believes such force to be necessary to carry out the corrections 
officer's, corrections supervisor's or correctional facility law enforcement officer's 
direction, unless the private person reasonably believes the order is illegal; or
B.  Deadly force only when the private person reasonably believes such force to be 
necessary for self-defense or to defend a 3rd person from what the private person 
reasonably believes to be the imminent use of unlawful deadly force or when the 
corrections officer, corrections supervisor or correctional facility law enforcement 
officer directs the private person to use deadly force and the private person reasonably 
believes the corrections officer, corrections supervisor or correctional facility law 
enforcement officer is authorized to use deadly force under the circumstances.
Sec. A-11.  17-A MRSA §107, sub-§5-F is enacted to read:
5-F.   A transport officer is justified in using a reasonable degree of nondeadly force 
upon another person:
A.  When and to the extent the transport officer reasonably believes it is necessary to 
prevent the escape of a person in custody, pursuant to an order of a court or as a result 
of an arrest, unless the transport officer knows that the detention is illegal; or
B.  In self-defense or to defend a 3rd person from what the transport officer reasonably 
believes to be the imminent use of unlawful nondeadly force encountered while seeking 
to prevent an escape of a person in custody.
Sec. A-12.  17-A MRSA §107, sub-§5-G is enacted to read:
5-G.   A transport officer is justified in using deadly force only when the transport 
officer reasonably believes such force is necessary:
A.  For self-defense or to defend a 3rd person from what the transport officer 
reasonably believes is the imminent use of unlawful deadly force; or
B.  To prevent the escape of a person in custody, pursuant to an order of a court or as 
a result of an arrest, when the transport officer reasonably believes the person has 
committed a crime involving the use or threatened use of deadly force, is using a 
dangerous weapon in attempting to escape or otherwise indicates that the person is 
likely to seriously endanger human life or to inflict serious bodily injury unless 
apprehended without delay and:
(1)  The transport officer has made reasonable efforts to advise the person that the 
transport officer is attempting to prevent the escape from custody and the transport 
officer reasonably believes that the person is aware of this advice; or
(2)  The transport officer reasonably believes that the person in custody otherwise 
knows the transport officer is attempting to prevent the escape from custody.
For the purposes of this subsection, a reasonable belief that another person has committed 
a crime involving use or threatened use of deadly force is a reasonable belief in facts, 
circumstances and the law that, if true, would constitute such an offense by the person.  If 
the facts and circumstances reasonably believed would not constitute such an offense, an 
erroneous but reasonable belief that the law is otherwise justifies the use of deadly force to 
prevent an escape.
Sec. A-13.  17-A MRSA §107, sub-§5-H is enacted to read:
5-H.   A private person who has been directed by a transport officer to assist the 
transport officer in preventing an escape from custody is justified in using:
A.  A reasonable degree of nondeadly force when and to the extent that the private 
person reasonably believes such force to be necessary to carry out the transport officer's 
direction, unless the private person reasonably believes the order is illegal; or
B.  Deadly force only when the private person reasonably believes such force to be 
necessary for self-defense or to defend a 3rd person from what the private person 
reasonably believes to be the imminent use of unlawful deadly force or when the 
transport officer directs the private person to use deadly force and the private person 
reasonably believes the transport officer is authorized to use deadly force under the 
circumstances.
Sec. A-14.  17-A MRSA §110, as enacted by PL 1997, c. 289, §1, is amended to 
read:
§110.  Threat to use deadly force against a law enforcement officer, corrections officer, 
corrections supervisor or transport officer
A person otherwise justified in threatening to use deadly force against another is not 
justified in doing so with the use of a firearm or other dangerous weapon if the person 
knows or should know that the other person is a law enforcement officer, corrections 
officer, corrections supervisor or transport officer, unless the person knows that the law 
enforcement officer, corrections officer, corrections supervisor or transport officer is not in 
fact engaged in the performance of the law enforcement officer's or supervisor's public 
duty, or unless the person is justified under this chapter in using deadly force against the 
law enforcement officer or supervisor.  A law enforcement officer, corrections officer, 
corrections supervisor or transport officer may not make a nonconsensual warrantless entry 
into a dwelling place solely in response to a threat not justified under this section.
Sec. A-15.  17-A MRSA §1002-A, sub-§1, ¶B, as amended by PL 2001, c. 383, 
§112 and affected by §156, is further amended to read:
B.  That other person is a law enforcement officer, corrections officer, corrections 
supervisor or transport officer in uniform.  Violation of this paragraph is a Class D 
crime; or
Sec. A-16.  17-A MRSA §1004, sub-§4, ¶A, as enacted by PL 2005, c. 264, §1, is 
amended to read:
A.  A law enforcement officer, corrections officer or, corrections supervisor or 
transport officer engaged in the performance of the law enforcement officer's, 
corrections officer's or, corrections supervisor's or transport officer's public duty if the 
officer's or corrections supervisor's appointing authority has authorized such use of an 
electronic weapon; or
Sec. A-17.  17-A MRSA §1058, sub-§2, ¶A, as amended by PL 2007, c. 466, Pt. 
C, §6, is further amended to read:
A.  A law enforcement officer, a corrections officer or, a corrections supervisor or a 
transport officer engaged in the performance of the law enforcement officer's, 
corrections officer's or, corrections supervisor's or transport officer's public duty;
Sec. A-18.  25 MRSA §2801-A, sub-§8, as amended by PL 2013, c. 147, §5, is 
repealed and the following enacted in its place:
8.  Transport officer.  "Transport officer" has the same meaning as in Title 30-A, 
section 451, subsection 15.
Sec. A-19.  25 MRSA §2803-A, sub-§8-C, as amended by PL 2013, c. 147, §11, 
is further amended to read:
8-C.  Training of transport officers.  To establish certification standards and a 
training program for transport officers.  This program must include:
A.  The preservice law enforcement training under section 2804‑B; and
B.  In-service law enforcement training that is specifically approved by the board as 
prescribed in section 2804‑E; and
C.  Either as part of the training required by paragraph A or B or as part of another 
board-approved training, a minimum of 8 hours of mental health first aid training that 
is:
(1)  Taught using an evidence-based curriculum with fidelity to the model of 
mental health first aid training;
(2)  Approved by the board; and
(3)  Co-instructed by a mental health professional and a corrections officer or a law 
enforcement officer who is at the time certified in the State as a law enforcement 
officer or who was formerly certified in the State as a law enforcement officer.  For 
the purposes of this subparagraph, "mental health professional" means a person 
who is a licensed clinical professional counselor, licensed clinical social worker, 
licensed allopathic or osteopathic physician, licensed psychologist, registered 
physician assistant, certified psychiatric clinical nurse specialist or certified nurse 
practitioner or a person who has an educational degree that is a prerequisite to such 
licensure, registration or certification.
Sec. A-20.  30-A MRSA §451, sub-§15 is enacted to read:
15.  Transport officer.  "Transport officer" means a person who:
A.  Possesses a current and valid certification issued by the board of trustees of the 
Maine Criminal Justice Academy pursuant to Title 25, section 2803-A, subsection 8-C;
B.  Is responsible for transferring or conveying from one place to another individuals 
who are confined in a jail, prison or state correctional facility pursuant to an order of a 
court or as the result of an arrest and does not have general law enforcement authority 
outside of the scope of duty set forth in this paragraph or powers of arrest, unless the 
transport officer is also a law enforcement officer as defined in Title 25, section 
2801-A, subsection 5; and
C.  May be, but is not required to be, a law enforcement officer as defined in Title 25, 
section 2801-A, subsection 5 or a corrections officer as defined in Title 25, section 
2801-A, subsection 2.
Sec. A-21.  30-A MRSA §1501, sub-§4 is enacted to read:
4.  Jailer and subordinates may be transport officers.  The jailer and jailer's 
subordinate assistants and employees may be transport officers.
PART B
Sec. B-1.  20-A MRSA §12553, as amended by PL 1999, c. 234, §§4 to 6, is further 
amended to read:
§12553.  Tuition waiver
The child or spouse of a firefighter, law enforcement officer or emergency medical 
services person, as defined in Title 25, section 1611, who has been killed or who has 
received an injury during the performance of that firefighter's, law enforcement officer's or 
emergency medical services person's duties, which results in death, may attend, as provided 
in this section, any state postsecondary educational institution free of tuition charges.
1.  Eligibility of a child.  The child of a firefighter, law enforcement officer or 
emergency medical services person is eligible for tuition waiver under this chapter if the 
child is:
A.  The natural or legally adopted child of a firefighter, law enforcement officer or 
emergency medical services person;
B.  Is less than 21 years old at the time of the death of the parent who is a firefighter, 
law enforcement officer or emergency medical services person;
C.  A Maine resident;
D.  A high school graduate or has attained equivalent certification; and
E.  Accepted for admission to a state postsecondary educational institution.
1-A.  Eligibility of a spouse.  The spouse of a firefighter, law enforcement officer or 
emergency medical services person is eligible for tuition waiver under this chapter if the 
spouse is:
A.  Legally married to the firefighter, law enforcement officer or emergency medical 
services person at the time of the firefighter's, law enforcement officer's or emergency 
medical services person's death;
B.  A Maine resident;
C.  A high school graduate or has attained equivalent certification; and
D.  Accepted for admission to a state postsecondary educational institution.
2.  Limitation.  The tuition waiver provided by this chapter is limited to undergraduate 
degree programs and is limited to not more than 5 years of full-time enrollment or its 
equivalent.
3.  Continuation.  The tuition waiver provided by this chapter is awarded on a yearly 
basis and continues to be available, if the child or spouse is otherwise eligible under this 
section, as long as the child or spouse remains in good academic standing at a state 
institution.
Sec. B-2.  25 MRSA c. 195-A, headnote is amended to read:
CHAPTER 195-A
DEATH BENEFITS FOR LAW ENFORCEMENT OFFICERS, FIREFIGHTERS, 
EMERGENCY MEDICAL SERVICES PERSONS AND CORRECTIONS 
OFFICERS WHO DIE A DEATH WHILE IN THE LINE OF DUTY
Sec. B-3.  25 MRSA §1611, sub-§5, as amended by PL 2017, c. 229, §6, is further 
amended to read:
5.  Law enforcement officer or officer Officer.  "Law enforcement officer" or 
"officer" "Officer" means an active state police officer,; a municipal police officer,; a 
county sheriff,; a deputy sheriff,; a game warden,; an employee of the Office of the State 
Fire Marshal who has law enforcement powers pursuant to section 2396, subsection 7,; a 
fire marshal,; a judicial marshal,; a forest ranger,; a Baxter State Park ranger,; a detective 
employed by the Office of the Attorney General pursuant to Title 5, section 202,; a person 
employed by the Department of Corrections as an investigative officer as defined in Title 
34‑A, section 1001, subsection 10‑A,; a law enforcement officer; a transport officer as 
defined in section 2801-A, subsection 8; a corrections officer as defined in section 2801-A, 
subsection 2; a juvenile community corrections officer as described in Title 34‑A, section 
5602,; a probation officer, a security; a police officer appointed by the Commissioner of 
Public Safety pursuant to section 2908,; a motor vehicle detective or supervisor appointed 
by the Secretary of State pursuant to Title 29‑A, section 152,; a military security police 
officer appointed by the Adjutant General,; a University of Maine System police officer; 
or a marine patrol officer in this State.
Sec. B-4.  25 MRSA §1612, sub-§1, as amended by PL 2019, c. 658, §6, is further 
amended to read:
1.  Amount; recipients.  In a case in which the chief determines under rules adopted 
pursuant to this section that a law enforcement an officer as defined in section 1611, 
subsection 5 has died while in the line of duty, in a case in which the State Fire Marshal 
determines under rules adopted pursuant to this section that a firefighter has died while in 
the line of duty, in a case in which the director determines under rules adopted pursuant to 
this section that an emergency medical services person has died while in the line of duty or 
in a case in which the Commissioner of Corrections determines under rules adopted 
pursuant to this section that a corrections officer has died while in the line of duty prior to 
July 1, 2021, the State shall pay a benefit of $100,000.
Beginning July 1, 2021 and annually thereafter, the benefit amount must be indexed to the 
Consumer Price Index whenever there is a percentage increase in the Consumer Price Index 
from July 1st to June 30th of the previous year.  A firefighter, law enforcement officer, 
emergency medical services person or corrections officer who dies while in the line of duty 
must be paid the benefit amount as indexed immediately prior to that firefighter's, law 
enforcement officer's, or emergency medical services person's or corrections officer's 
death.  The Department of Administrative and Financial Services shall adopt rules to 
calculate the annual percentage increase in the death benefit.
The State shall pay the benefit as follows:
A.  If there is no surviving child of the firefighter, law enforcement officer, or 
emergency medical services person or corrections officer, to the surviving spouse of 
the person;
B.  If there is a surviving child or children and a surviving spouse of the firefighter, law 
enforcement officer, or emergency medical services person or corrections officer, 1/2 
to the surviving child or children in equal shares and 1/2 to the surviving spouse;
C.  If there is no surviving spouse of the firefighter, law enforcement officer, or 
emergency medical services person or corrections officer, to the child or children in 
equal shares; or
D.  If there is no surviving child or spouse, to the parent or parents of the firefighter, 
law enforcement officer, or emergency medical services person or corrections officer 
in equal shares.
Sec. B-5.  25 MRSA §1612, sub-§4, as amended by PL 2019, c. 658, §6, is further 
amended to read:
4.  Repayment of interim payment; waiver.  If a final benefit is not paid, the recipient 
or recipients of any interim payment under subsection 2 are liable for repayment of the 
amount received.  The State Fire Marshal in the case of a firefighter, the chief in the case 
of a law enforcement an officer, the director in the case of an emergency medical services 
person or the Commissioner of Corrections in the case of a corrections officer may waive 
all or part of the repayment if that official determines that undue hardship would result 
from that repayment.
Sec. B-6.  39-A MRSA §328-A, sub-§1, ¶D, as enacted by PL 2001, c. 663, §1, is 
amended by amending subparagraph (1) to read:
(1)  Is a firefighter, emergency medical services person, law enforcement officer, 
transport officer or corrections officer; and
Sec. B-7.  39-A MRSA §328-A, sub-§1, ¶K is enacted to read:
K.  "Transport officer" has the same meaning as in Title 30-A, section 451, subsection 
15.
SUMMARY
This bill does the following.
Part A authorizes transport officers to transport prisoners to and from court pursuant to 
a writ of habeas corpus and to provide safe and secure custody of prisoners during the 
proceedings, as directed by the court.  Part A allows a transport officer to use a reasonable 
degree of nondeadly force and deadly force, based on the provisions applicable to law 
enforcement officers.  Part A clarifies the power of corrections personnel to use force by 
eliminating the current law's cross-reference to law enforcement officers' use of force when 
making arrests and using language appropriate to the corrections context.  Part A extends 
the prohibitions on using deadly force against a law enforcement officer to corrections 
officers, corrections supervisors and transport officers.  Part A extends the prohibitions on 
using laser pointers and electronic weapons against a law enforcement officer to corrections 
officers, corrections supervisors and transport officers.  Part A extends to transport officers 
the exception to the prohibition on possession of a firearm in a courthouse.  Part A provides 
a definition of "transport officer" in the Maine Revised Statutes, Title 17-A and Title 30-A, 
empowers transport officers to perform transport-related duties only and provides that a 
transport officer does not have general law enforcement authority outside the scope of duty 
of the transport officer or powers of arrest. Part A authorizes a jailer or jailer's subordinate 
to be a transport officer.  Part A also provides for private persons to assist transport and 
corrections officers.  Part A also requires mental health first aid training for transport 
officers as part of the certification and training program of transport officers. 
Part B adds to the definition of "officer" in the laws governing death benefits for 
officers, firefighters and emergency medical services persons by including transport officer 
and corrections officer and making transport officers and corrections officers eligible for 
benefits.  Part B provides a definition of transport officer in the workers' compensation law 
on communicable diseases and includes a transport officer in the definition of emergency 
rescue or public safety worker.