HP1132
LD 1543
First Regular Session - 125th Maine Legislature
 
LR 2073
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Allow Counties To Opt Out of Maine Judicial Marshal Service

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

Sec. 1. 4 MRSA §17, sub-§15, ¶A,  as enacted by PL 2003, c. 400, §1, is amended to read:

A. The State Court Administrator may contract for the services of qualified individuals as needed on a per diem basis to perform court security-related functions and services.

(1) For the purposes of this subsection, "qualified individuals" means individuals who are certified pursuant to Title 25, section 2804-B or 2804-C and have successfully completed additional training in court security provided by the Maine Criminal Justice Academy or equivalent training.

(2) When under contract pursuant to this paragraph and then only for the assignment specifically contracted for, qualified individuals have the same duties and powers throughout the counties of the State as sheriffs have in their respective counties.

(3) Qualified deputy sheriffs performing contractual services pursuant to this paragraph continue to be employees of the counties in which they are deputized.

(4) Qualified individuals other than deputy sheriffs performing contractual services pursuant to this paragraph may not be considered employees of the State for any purpose, except that they must be treated as employees of the State for purposes of the Maine Tort Claims Act and the Maine Workers' Compensation Act of 1992. They must be paid reasonable per diem fees plus reimbursement of actual, necessary and reasonable expenses incurred in the performance of their duties, consistent with policies established by the State Court Administrator.

(5) If a county elects to have its court security services provided by its qualified deputy sheriffs, the State Court Administrator shall contract with that county sheriff’s office for the performance of court security-related functions and services. In accordance with Title 4, section 25, the Judicial Department shall compensate the county for these salaries and expenses.

Sec. 2. 30-A MRSA §2, sub-§4,  as amended by PL 1991, c. 570, §3, is further amended to read:

4. Salaries and expenses of court and jury officers.   Each county shall pay the salaries and expenses of bailiffs and other court and jury officers who work for courts located in that county. In accordance with Title 4, section 17, subsection 15, paragraph A, subparagraph 5, a county may elect to have its court security services provided by its qualified deputy sheriffs. The Judicial Department shall compensate each county for these salaries and expenses as provided in Title 4, section 25.

summary

This bill provides that if a county elects to have its court security services provided by its qualified deputy sheriffs, the State Court Administrator shall contract with that county sheriff’s office for the performance of court security-related functions and services.


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