An Act Concerning Records of the Employment of Law Enforcement Officers and Corrections Officers
Maine Legislature, Session 130, LD 0573
Committee: Criminal Justice and Public Safety
Sponsors: COREY, ROSEN, BRYANT, COSTAIN, FAY, PICKETT, WARREN
Amends: 25 MRSA §2805-B

Legislative Document
No. 573
H.P. 418
House of Representatives, February 24, 2021
An Act Concerning Records of the Employment of Law 
Enforcement Officers and Corrections Officers
Received by the Clerk of the House on February 22, 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 Senator ROSEN of Hancock and
Representatives: BRYANT of Windham, COSTAIN of Plymouth, FAY of Raymond, 
PICKETT of Dixfield, WARREN of Hallowell.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §2805-B, sub-§4 is enacted to read:
4.  Application for employment with a law enforcement agency, correctional 
facility or county or regional jail.  This subsection applies when a law enforcement officer 
or corrections officer who is employed by a law enforcement agency, correctional facility 
or county or regional jail, or who was employed by a law enforcement agency, correctional 
facility or county or regional jail within 90 days prior to making an application for 
employment, applies for employment as a law enforcement officer or corrections officer 
with a different law enforcement agency, correctional facility or county or regional jail.
A.  As used in this subsection, unless the context otherwise indicates, the following 
terms have the following meanings.
(1) "Applicant" means the law enforcement officer or corrections officer who is 
applying for employment at a hiring agency.
(2) "Employing agency" means the law enforcement agency, correctional facility 
or county or regional jail that employs the applicant at the time that a request is 
made pursuant to paragraph B or that employed the applicant within 90 days prior 
to the applicant making an employment application to the hiring agency.
(3) "Hiring agency" means the law enforcement agency, correctional facility or 
county or regional jail to which the applicant is applying for employment.
B.  The applicant shall sign a request that an employing agency release all personnel 
and employment records, internal investigation records and any other records 
pertaining to the applicant's employment and the job performance of the applicant to a 
hiring agency.  For the purposes of the employment application, the request form must 
include a waiver of any rights that the applicant has to the privacy of the personnel and 
employment records, internal investigation records and any other records pertaining to 
the applicant's employment and the job performance of the applicant.  The request form 
must be signed by the applicant and the signature must be witnessed.  The board shall 
adopt rules establishing a standard request and waiver form.  Rules adopted pursuant 
to this paragraph are routine technical rules as defined by Title 5, chapter 375, 
subchapter 2-A.
C.  An employing agency that receives a request pursuant to paragraph B shall promptly 
release all personnel and employment records, internal investigation records and any 
other records pertaining to the employment and job performance of the applicant to the 
hiring agency.
D.  An employing agency that responds to a request pursuant to paragraph B and 
releases information pursuant to paragraph C is immune from civil or criminal liability 
for releasing the requested information to a hiring agency.
E.  A hiring agency that receives information pursuant to paragraph C from an 
employing agency shall treat that information in the same manner as it treats personnel 
and employment records of the employees of the hiring agency.  A hiring agency is 
immune from civil or criminal liability for receiving the requested information.  
Sec. 2.  25 MRSA §2805-B, sub-§5 is enacted to read:
5.  Release of the results of a polygraph examination.  When a polygraph 
examination has been performed on a law enforcement officer or corrections officer and 
the results indicate probable cause to believe that the officer is or has been involved in 
criminal activity, the law enforcement agency, correctional facility or county or regional 
jail that conducted the examination or for whom the examination was performed shall 
release the results of the examination to the head of the law enforcement agency, 
correctional facility or county or regional jail that employs the law enforcement officer or 
corrections officer.
SUMMARY
This bill requires a law enforcement officer or corrections officer who applies for 
employment with a law enforcement agency, correctional facility or county or regional jail, 
when the applicant is employed by or within 90 days prior to the application employed by 
another law enforcement agency, correctional facility or county or regional jail, to request 
that the officer's personnel records, employment records, internal investigation records and 
any other records pertaining to the applicant's employment and the job performance of the 
applicant be released to the other agency, facility or jail.  The request form, which must be 
signed and witnessed, must include a waiver of any rights that the applicant has to the 
privacy of the personnel and employment records, internal investigation records and any 
other records pertaining to the employment and job performance of the applicant.  The bill 
directs the Board of Trustees of the Maine Criminal Justice Academy to adopt routine 
technical rules to establish the request and waiver form.  The bill requires the agency, 
facility or jail to which the request was made to promptly release the requested information.  
The bill provides civil and criminal immunity to both the sending and the receiving agency, 
facility or jail.
The bill requires an agency, facility or jail that performs a polygraph examination on a 
law enforcement officer or corrections officer to notify the head of the agency, facility or 
jail that employs the officer if the results indicate probable cause to believe that the officer 
is or has been involved in criminal activity.