An Act To Allow Counties To Opt Out of Maine Judicial Marshal Service
Sec. 1. 4 MRSA §17, sub-§15, ¶A, as enacted by PL 2003, c. 400, §1, is amended to read:
(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:
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.