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PUBLIC LAWS
First Special Session of the 122nd

CHAPTER 393
H.P. 1170 - L.D. 1659

An Act To Amend the Laws Governing Crimes against People Who Are Homeless

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

     Sec. 1. 25 MRSA §2804-C, sub-§2-B is enacted to read:

     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.

     Sec. 2. Required recertification law enforcement training. The Board of Trustees of the Maine Criminal Justice Academy shall include requirements in its next available schedule of recertification training for all law enforcement officers 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. The board shall thereafter determine quadrennially whether further training in the next available schedule of recertification training is necessary as a refresher or to incorporate improved procedures or practices demonstrated to reduce 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.

     Sec. 3. Relationship between law enforcement agencies and homeless. The Commissioner of Public Safety and the Attorney General shall review the relationship between law enforcement agencies and people who are homeless and shall explore methods of encouraging law enforcement agencies in communities with significant homeless populations or that have homeless shelters within their areas of jurisdiction to take concrete and meaningful steps to improve relations with people who are homeless and their advocates. As part of their review, the commissioner and the Attorney General shall consider ways to encourage regular meetings between law enforcement officers and advocates, representatives of the homeless community and people who are homeless to discuss issues of concern to the homeless community, the status of pending cases when appropriate and issues raised by the law enforcement agency.

     The commissioner and the Attorney General shall report back to the joint standing committee of the Legislature having jurisdiction over judiciary matters during the First Regular Session of the 123rd Legislature on the results of their review and the status of the relationship between law enforcement agencies and people who are homeless.

     Sec. 4. Working group regarding aggravating sentencing factors for crimes against persons who are homeless. The Office of the Attorney General shall convene a working group to examine the advisability of implementing aggravating sentencing factors for crimes against people who are homeless. The Office of the Attorney General shall invite members of the judicial branch, representatives from the Office of the Attorney General, representatives from at least 2 district attorneys' offices and any other parties the Office of the Attorney General considers appropriate to participate in the working group. No later than January 15, 2006, the working group shall report its findings and recommendations to the Joint Standing Committee on Criminal Justice and Public Safety. Upon review of the findings, the Joint Standing Committee on Criminal Justice and Public Safety may report out implementing legislation, if necessary.

Effective September 17, 2005.

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