Sec. O-1. 4 MRSA §1057, sub-§2-A, as enacted by PL 1995, c. 668, §1, is amended to read:
2-A. Surcharge imposed. A surcharge of 10% 12% must be added to every fine, forfeiture or penalty imposed by any court in this State, which, for the purposes of collection and collection procedures, is considered a part of the fine, forfeiture or penalty. All funds collected as a result of this surcharge must be deposited monthly in the Government Operations Surcharge Fund. One-sixth of the surcharge collected must be paid to the Maine Criminal Justice Academy to supplement current funds for training and recertification of part-time and full-time law enforcement officers. This subsection takes effect January 1, 2001 or when the funding for the operation of the Judicial Department's computer system lapses, whichever occurs first.
Sec. O-2. 25 MRSA §2803-A, sub-§1, as amended by PL 1993, c. 744, §2, is further amended to read:
1. Training and certification of all law enforcement officers in State. In accordance with this chapter, to establish training and certification standards for all law enforcement officers, set requirements for board-approved courses, prescribe curriculum and certify both graduates of board-approved courses and persons for whom the board has waived the training requirements of this chapter. Certification must be based on the officer's demonstration of having acquired specific knowledge and skills directly related to job performance.
No later than March 1, 1995, the board shall design joint training and certification standards combining into a single basic training course the present State Police course and the basic municipal and county course. The joint training course must equal or exceed any curriculum training requirements of the State Police effective on December 31, 1994. The board shall report its recommendations and the necessary implementing legislation for a basic training course to the Legislature by April 1, 1995. The Legislature must approve the associated costs of the joint training course before it may be implemented.
Until joint training and certification standards are implemented pursuant to this subsection, the Chief of the State Police shall approve the basic training requirements for enlisted personnel of the State Police for graduation from the academy. The board shall certify State Police enlisted personnel who meet the approved basic training requirements;.
No later than July 1, 1998, the board shall adopt rules identifying the permissible duties of part-time law enforcement officers who have completed the training courses described in section 2804-B. The rules adopted are major substantive rules for the purposes of Title 5, chapter 375, subchapter II-A and must be implemented no later than December 31, 2001;
Sec. O-3. 25 MRSA §2804-B, sub-§§1 and 3, as enacted by PL 1989, c. 521, §§5 and 17, are amended to read:
1. Required. A person shall may not serve as a law enforcement officer with the power to make arrests or the authority to carry a firearm in the course of duty until certified by the board as satisfying all preservice training requirements.
3. Certification. The board shall certify each person who meets the preservice training standards as eligible to serve as a law enforcement officer with the power to make arrests and the authority to carry a firearm in the course of duty, subject to additional certification as required by this chapter annual recertification training as prescribed by the board.
Sec. O-4. 25 MRSA §2804-C, sub-§1, as amended by PL 1993, c. 744, §6, is further amended to read:
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 employment, a basic training course approved by the board. Thereafter, 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 that period for not more than 90 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.
Sec. O-5. 25 MRSA §2804-E, sub-§1, as amended by PL 1993, c. 744, §7, is further amended to read:
1. Required. As a condition to the continued employment of a person as a law enforcement officer with the power to make arrests or the authority to carry a firearm in the course of duty by a municipality, county, the State or other nonfederal employer, that person must successfully complete a minimum number of hours of in-service recertification training as prescribed by the board.
Sec. O-6. 25 MRSA §2806, sub-§1, ¶A, as amended by PL 1989, c. 521, §§9 and 17, is repealed and the following enacted in its place:
A. Shall, no later than March 1st of every year, beginning in 2001, review the certification of all law enforcement and corrections officers and decertify those individuals who do not meet certification or recertification requirements;
Sec. O-7. Part-time law enforcement officer. The Board of Trustees of the Maine Criminal Justice Academy shall submit legislation January 1, 1999 to add a definition of the term "part-time law enforcement officer" to the Maine Revised Statutes, Title 25, section 2801-A.
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