An Act to Allow Use of Courthouse Facility Dogs by Criminal Justice Agencies for Criminal Justice Purposes
Maine Legislature, Session 131, LD 0888
Committee: Judiciary
Sponsors: JACKSON, COLLINGS, UNDERWOOD
Amends: 15 MRSA §458

Legislative Document
No. 888
S.P. 379
In Senate, February 28, 2023
An Act to Allow Use of Courthouse Facility Dogs by Criminal 
Justice Agencies for Criminal Justice Purposes
Reference to the Committee on Judiciary suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by President JACKSON of Aroostook.
Cosponsored by Representative COLLINGS of Portland, Representative UNDERWOOD of 
Presque Isle.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  15 MRSA §458 is enacted to read:
§458.  Courthouse facility dogs
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Assistance dog organization" means an organization that is a member of an 
internationally recognized assistance dog association that has the primary purpose of 
granting accreditation for assistance dog acquisition, dog training, dog handler training 
and dog placement.
B.  "Child advocacy center" has the same meaning as in Title 22, section 4019, 
subsection 1, paragraph B.
C.  "Courthouse facility dog" means a dog that meets the requirements of subsection 2 
and is handled to do specific, skilled tasks to provide support to a vulnerable witness 
in the physical spaces of a criminal justice agency.
D.  "Courthouse facility dog handler" means a person who meets the requirements of 
subsection 3 and who handles a courthouse facility dog to provide a calming influence 
on a vulnerable witness during the investigation and prosecution of a crime or other 
legal proceeding and to provide a comforting presence in those situations.
E.  "Courthouse facility dog team" means a paired courthouse facility dog and 
courthouse facility dog handler that meets the requirements of subsection 4.
F.  "Criminal justice agency" means a state or local agency that performs the 
administration of criminal justice, including a court, a law enforcement agency, the 
Department of the Attorney General, a district attorney's office and a child advocacy 
center.
G.  "Independent professional dog trainer" means a private dog trainer who provides 
dog training and dog handler training and who has been approved to be an evaluator of 
a nationally recognized dog obedience program, which may include the American 
Kennel Club Canine Good Citizen, Community Canine and Urban Canine Good 
Citizen programs.
2.  Requirements for courthouse facility dog.  In order to be a courthouse facility 
dog, a dog must be at least 2 years of age and:
A.  Have graduated from an assistance dog organization training program; or
B.  Be certified by an independent professional dog trainer as:
(1)  Having completed at least 100 hours of individualized training focused on 
obedience and the skills needed for providing quiet companionship to a vulnerable 
witness in a legal setting without causing a disruption in a legal proceeding and 
demonstrating competence in those skills, including having a calm demeanor, 
being able to work in a high-stress environment and being able to sit or lie down 
beside a witness for a minimum of 90 minutes; and
(2)  Having successfully completed 3 nationally recognized dog obedience 
programs, which may include the American Kennel Club Canine Good Citizen, 
Community Canine and Urban Canine Good Citizen programs.
3.  Requirements for courthouse facility dog handler.  In order to be a courthouse 
facility dog handler, an individual must be a professional working in the criminal justice 
system.
4.  Requirements for courthouse facility dog team.  In order to be a courthouse 
facility dog team, a courthouse facility dog handler and the courthouse facility dog that is 
part of the team must:
A.  Have completed a minimum of 40 hours of training together as a team in addition 
to the training for the dog required by subsection 2 in a training program run by an 
assistance dog organization or with an independent professional dog trainer in skills 
related to working in public spaces with a wide variety of people and distractions; and
B.  Have demonstrated by means of graduating from a training program run by an 
assistance dog organization or by means of certification by an independent professional 
dog trainer that the courthouse facility dog team has successfully completed 3 
nationally recognized dog obedience programs, which may include the American 
Kennel Club Canine Good Citizen, Community Canine and Urban Canine Good 
Citizen programs.
5.  Access to criminal justice agency premises.  Except as provided in subsection 6, 
a criminal justice agency may not exclude from the publicly accessible areas of the agency's 
premises a courthouse facility dog team or a dog in training to be a courthouse facility dog 
that is in the presence of a trainer affiliated with an assistance dog organization or an 
independent professional dog trainer.
6.  Access to courtrooms during proceedings.  A courthouse facility dog team may 
have access to a courtroom during a legal proceeding if authorized by the judicial officer 
presiding over that proceeding. Either party in a proceeding may request an order from the 
court to allow a courthouse facility dog to be present with a vulnerable witness, regardless 
of whether that witness's testimony is in person or by means of 2-way closed-circuit 
television. The presiding judicial officer may issue the requested order if the presiding 
judicial officer determines that the courthouse facility dog will aid the vulnerable witness 
in providing testimony and that aid is consistent with the rules of court. The order may 
include provisions to preserve the fairness of the proceedings, including by imposing 
restrictions on and instructing the jury regarding the presence of the courthouse facility 
dog.
SUMMARY
This bill provides a system to allow a trained dog to accompany a witness in courtroom 
appearances and other interactions where criminal justice is administered.