Code of Maine Rules › 16 - DEPARTMENT OF PUBLIC SAFETY › 227 - MAINE CRIMINAL JUSTICE ACADEMY BOARD OF TRUSTEES › Chapter 1 - GENERAL PROVISIONS › Section 227-1-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A. "Academy" refers to the Maine Criminal
				Justice Academy, the central training facility for law enforcement,
				corrections, and criminal justice personnel in the State of Maine.
B. "Act" refers to 25 M.R.S.A.
				§§2801 - 2809.
C. "Basic
				Training Course" refers to the course of instruction for full-time law
				enforcement and corrections officers conducted at or by the Maine Criminal
				Justice Academy pursuant to 25 M.R.S.A. §2804-C and
				§2804-D.
D. "Board" refers to
				the Board of Trustees of the Maine Criminal Justice Academy as created pursuant
				to the provisions of 25 M.R.S.A. §2802.
E. "Chair" refers to the Chairperson of the
				Board of Trustees as elected by the Board pursuant to 25 M.R.S.A.
				§2804.
F. "Corrections
				Officer" for county, municipal and other agencies refers to an employee whose
				primary duties are the control, custody and care of individuals who are
				detained or sentenced to a municipal, county or state detention or correctional
				facility. For the purpose of this definition, this shall not include
				individuals who are solely performing program services and who have no security
				responsibilities.
G. "Department
				Head" refers to a Chief of Police, Sheriff, Warden or Chief Administrator of
				any law enforcement or correctional unit of the State.
H. "Director" refers to the Director of the
				Maine Criminal Justice Academy, as appointed by the Commissioner of Public
				Safety with the approval of the Board, pursuant to 25 M.R.S.A.
				§2804-A.
I. "Exemption." The
				provisions of the "Act" do not apply to any person who was employed as a
				full-time law enforcement officer in a municipality in Maine on September 23,
				1971, in a county in Maine on July 1, 1972 or as specified in § 2801-B,
				and §2804-C(5).
J. "Full-time
				Corrections Officer" means a person who is employed as a corrections officer
				with a reasonable expectation of working at least 1,040 hours in any one
				calendar or fiscal year for performing corrections officer duties.
K. "Full-time Law Enforcement Officer" means
				a person who is employed as a law enforcement officer with a reasonable
				expectation of working at least 1,040 hours in any one calendar or fiscal year
				for performing law enforcement officer duties.
L. "In Service Training" refers to training
				designed to refresh or add to an individual's capability as a law enforcement
				or corrections officer in courses approved by the Board. "In-Service Training"
				as defined in this paragraph, does not include and is not a substitute for the
				"basic training course" defined in sub- paragraph (C) of this
				section.
M. "Law Enforcement
				Officer" shall mean any person empowered by a municipality, county or state in
				the State of Maine to serve criminal process and to arrest and prosecute
				offenders of the law.
N. "Waiver."
				The Board may waive the requirement for the completion of the basic training
				course required by 25 M.R.S.A. §2804-C and §2804-D upon presentation
				by an individual, of documentary evidence of successful completion of an
				equivalent course.
O. "Conditional
				Waiver." The Board may require, as a condition to receiving a waiver, that
				within 1 year of Board action, an individual demonstrate knowledge of Maine
				Criminal Code, Maine Motor Vehicle Law, Maine Juvenile Law, and any other
				subject areas that the Board deems necessary by completing those courses at the
				Academy, or at another institution giving courses certified by the Board, or by
				passing written examination administered by the Academy.
P. "Specification" refers to that part of the
				Academy Policy and Administrative Provision Manual in which information
				supplementary to these rules is set forth.
Q. "Reserve Officer" shall mean a constable,
				reserve officer, or other part-time police officer employed, with or without
				compensation, less than full-time by the state or any county or municipality
				thereof, whose primary responsibility is to serve criminal process and to
				arrest and prosecute offenders of the law.
R. "Certificate of Eligibility" shall mean a
				license issued to a full or part-time law enforcement officer or corrections
				officer who is employed by a state, county, or municipality , and has met the
				standards as approved by the Board. This certificate will be considered lapsed
				when the individual is no longer serving with the employing agency.