HP0653
LD 864
First Regular Session - 123rd Legislature - Text: MS-Word, RTF or PDF LR 274
Item 1
Bill Tracking Chamber Status

An Act To Protect Local Police Departments

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 25 MRSA §2804-C,  as amended by PL 2005, c. 684, §1, is further amended to read:

§ 2804-C. Basic law enforcement training; core curriculum requirements; one-year employment contract

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 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 to the satisfaction of the board at 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. This section does not apply 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.
2-A. Probationary employment period; one-year employment contract.   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. Upon successful completion of basic training or board waiver of the basic training requirement, a law enforcement officer shall contract to perform at least one year of employment with the municipality, county, State or other nonfederal employer that first hired the law enforcement officer.
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.
2-C. Receipt of firearms; training; procedure; liability.   Beginning January 1, 2008, 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 4006, subsection 2-A or Title 19-A, section 4007, subsection 1, paragraph A-1. 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 4006, subsection 2-A or Title 19-A, section 4007, subsection 1, paragraph A-1 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.

3. Certification.   The board shall certify each law enforcement officer who meets the core curriculum training requirements.
4. Courses.   The board shall:
A.  Provide a training course, the successful completion of which meets the basic training requirements;
B.  Provide a structured residential program that balances the goals of professional policing with public services emphasis; and
C.  Incorporate a community policing philosophy in its training program.
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.

summary

This bill requires each law enforcement officer, upon completion of the officer’s basic training requirement, to contract to perform at least one year of employment with the municipality, county, State or other nonfederal employer that first hired the law enforcement officer.


Top of Page