2023 Maine Revised Statutes › TITLE 25: INTERNAL SECURITY AND PUBLIC SAFETY › Part 8: MAINE CRIMINAL JUSTICE ACADEMY › Chapter 341: THE MAINE CRIMINAL JUSTICE ACADEMY › 25 §2804-C. Basic law enforcement training; core curriculum requirements

§2804-C. Basic law enforcement training; core curriculum requirements
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 full-time employment, the basic training course at the Maine Criminal Justice Academy approved by the board. If a person's failure to comply with this requirement was a result of that person's failure to satisfy any of the admission standards applicable to the basic training course and that person is subsequently employed as a full-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 established by the board prior to the time of hire. 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 the 12-month period for not more than 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.
[PL 2013, c. 147, §29 (AMD).]
2.  Core curriculum requirements.
[PL 1993, c. 744, §6 (RP).]
2-A.  Probationary employment period.
Upon being hired, a law enforcement officer shall complete an employment probationary period that lasts for at least one year after graduation from the academy or the date the board waives the basic training requirement.
[PL 1993, c. 744, §6 (NEW).]
2-B.  Training regarding people who are homeless.
The board shall include in the basic law enforcement training program a block of instruction aimed specifically at reducing barriers to reporting crimes against people who are homeless and dealing with the unique challenges posed by cases that involve victims or witnesses who are homeless.
[PL 2005, c. 393, §1 (NEW).]
2-C.  Receipt of firearms; training; procedure; liability.
The Maine Criminal Justice Academy shall provide training for municipal, county and state law enforcement officers regarding the proper handling, storage, safekeeping and return of firearms and firearm accessories received pursuant to a court order under Title 19‑A, section 4108, subsection 3 or Title 19‑A, section 4110, subsection 4. Such training must include education concerning the prohibitions on the purchase or possession of a firearm when a protection order has been obtained and communication with parties to protection orders concerning such prohibitions.
In developing materials for training in domestic violence issues, the Maine Criminal Justice Academy may consult with a statewide organization involved in advocacy for victims of domestic violence and with an organization having statewide membership representing the interests of firearms owners.
A law enforcement officer who receives custody of a firearm pursuant to Title 19‑A, section 4108, subsection 3 or Title 19‑A, section 4110, subsection 4 shall exercise reasonable care to avoid loss, damage or reduction in value of the firearm and may not permanently mark the firearm or fire the firearm unless there is reasonable suspicion that the firearm has been used in the commission of a crime. Any liability for damage or reduction in value to such a firearm is governed by Title 14, chapter 741.
[PL 2021, c. 647, Pt. B, §57 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
2-D.  Training regarding people who have mental illness and the involuntary commitment process.
The board shall include in the basic law enforcement training program a block of instruction aimed specifically at the clinical, safety and procedural components of the involuntary commitment process, including the provision of a uniform checklist that includes reference to Title 34‑B, section 1207, subsection 7 for law enforcement officers to use in order to effectively describe the seriousness of a case to a mental health professional.
[PL 2009, c. 451, §6 (NEW).]
2-E.  Receipt of certain dangerous weapons; training; procedure; liability.
Beginning in 2020, the Maine Criminal Justice Academy Board of Trustees shall require training as part of its mandated training schedule for municipal, county and state law enforcement officers regarding the process for protection from substantial threats by a restricted person and the proper handling, storage, safekeeping and return of dangerous weapons received pursuant to an endorsement or court order under Title 34‑B, section 3862‑A or 3873‑A. The training must include education concerning the prohibitions on the purchase, control or possession of dangerous weapons. A law enforcement officer who receives custody of a dangerous weapon pursuant to Title 34‑B, section 3862‑A or 3873‑A shall exercise reasonable care to avoid loss, damage or reduction in value of the weapon and may not permanently mark or fire the weapon unless there is reasonable suspicion that the weapon has been used in the commission of a crime. Any liability for damage or reduction in value to such a weapon is governed by Title 14, chapter 741.
[PL 2019, c. 411, Pt. C, §4 (NEW); PL 2019, c. 411, Pt. D, §3 (AFF).]
Revisor's Note: (Subsection 2-E as enacted by PL 2019, c. 410, §3 is REALLOCATED TO TITLE 25, SECTION 2804-C, SUBSECTION 2-F)
2-F.  (REALLOCATED FROM T. 25, §2804-C, sub-§2-E) Training regarding bias-based profiling.
The board shall include in the basic law enforcement training program a block of instruction aimed specifically at the prohibition of bias-based profiling that prohibits stops, detentions, searches or asset seizures and forfeitures efforts based on race, ethnicity, gender, sexual orientation, gender identity, religion, socioeconomic status, age, national origin or ancestry by members of a law enforcement agency, that provides that individuals may be stopped or detained only when legal authority exists to do so and that provides that members of a law enforcement agency must base their enforcement actions solely on an individual's conduct and behavior or specific suspect information.
[PL 2019, c. 410, §3 (NEW); RR 2019, c. 1, Pt. A, §27 (RAL).]
2-G.  Training regarding confidential attorney-client communications.
Beginning January 1, 2024, the board shall include in the basic law enforcement training program a block of instruction on the confidentiality of attorney‑client communications, including the processes that law enforcement agencies use to protect and ensure the confidentiality of attorney‑client communications and the processes that law enforcement agencies follow in the event that there is a breach of attorney‑client confidentiality.
[PL 2023, c. 394, Pt. A, §10 (NEW).]
3.  Certification.
The board shall certify each person who meets the core curriculum training requirements.
[PL 2013, c. 147, §31 (AMD).]
4.  Courses.
The board shall:
A. Provide a training course, the successful completion of which meets the basic training requirements;   [PL 1993, c. 744, §6 (NEW).]
B. Provide a structured residential program that balances the goals of professional policing with public services emphasis; and   [PL 2005, c. 331, §22 (AMD).]
C. Incorporate a community policing philosophy in its training program.   [PL 2005, c. 331, §22 (AMD).]
D.   [PL 2005, c. 331, §23 (RP).]
[PL 2005, c. 331, §§22, 23 (AMD).]
5.  Application to currently certified law enforcement officers.
This section does not apply to any law enforcement officer certified as meeting the law enforcement training requirements or to any full-time law enforcement officer employed by a state agency, including the University of Maine System, as of July 1, 1990 or 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.
[PL 2013, c. 147, §32 (AMD).]
SECTION HISTORY
PL 1989, c. 521, §§5,17 (NEW). PL 1993, c. 551, §2 (AMD). PL 1993, c. 744, §6 (AMD). PL 1997, c. 395, §O4 (AMD). PL 2005, c. 331, §§21-23 (AMD). PL 2005, c. 393, §1 (AMD). PL 2005, c. 684, §1 (AMD). PL 2009, c. 451, §6 (AMD). PL 2013, c. 147, §§29-32 (AMD). PL 2019, c. 410, §3 (AMD). PL 2019, c. 411, Pt. C, §4 (AMD). PL 2019, c. 411, Pt. D, §3 (AFF). RR 2019, c. 1, Pt. A, §27 (COR). PL 2021, c. 647, Pt. B, §57 (AMD). PL 2021, c. 647, Pt. B, §65 (AFF). PL 2023, c. 394, Pt. A, §10 (AMD).