§2803-A. Powers and duties of the board of trustees

Link to law: http://legislature.maine.gov/legis/statutes/25/title25sec2803-A.html
Published: 2015

§2803-A. Powers and duties of the board of trustees






The board has the following powers and duties: [1989, c. 521, §§4, 17 (NEW).]








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;


[
2005, c. 331, §8 (AMD)
.]








2. Admission standards. 
In accordance with the requirements of this chapter, to establish standards for
admission to the board-approved courses, including academic and physical admission
standards that apply uniformly to all candidates applying for admission to the academy;


[
2005, c. 331, §9 (AMD)
.]








3. Certification of criminal justice executives. 
To certify and set standards for certification of criminal justice executives.
As used in this subsection, "criminal justice executives" means police chiefs, sheriffs
and the persons directly below the police chiefs or sheriffs in line of command;


[
2005, c. 331, §10 (AMD)
.]








4. Training and certification of sheriffs. 




[
2005, c. 331, §11 (RP)
.]








5. Training and certification of corrections officers in State. 
In accordance with this chapter, to establish training and certification standards for all corrections officers, set requirements for board-approved courses, prescribe curriculum and certify 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;


[
2013, c. 147, §8 (AMD)
.]








5-A. Training of corrections employees with law enforcement powers.  
To establish certification standards and a preservice and in-service training program
for employees of the Department of Corrections authorized to exercise law enforcement
powers as described in Title 34-A, section 3011. This program must include:





A. Preservice law enforcement training under section 2804-B; [2013, c. 147, §9 (NEW).]










B. In-service law enforcement training that is specifically approved by the board as
prescribed in section 2804-E. [2013, c. 147, §9 (NEW).]







Except for investigative officers, these employees of the Department of Corrections
are exempt from section 2804-C, but completion of the basic training under section
2804-C exempts a person from the preservice training requirements under paragraph
A;


[
2013, c. 147, §9 (NEW)
.]








6. Training and certification of State Police enlisted personnel. 




[
1993, c. 744, §4 (RP)
.]








7. Training of harbor masters. 
To establish suitable training programs for harbor masters authorized to make arrests
under Title 38, chapter 1, subchapter I, relevant to their duties as harbor masters;


[
1989, c. 521, §§4, 17 (NEW)
.]








8. Training and certification in court procedures. 
To establish certification standards and a program to certify law enforcement officers
as being familiar with current court procedures. This program shall include:





A. Sufficient instruction in the basic training courses approved by the board under
this chapter to satisfy certification standards upon successful completion of the
course; [1989, c. 521, §§4, 17 (NEW).]










B. A method by which law enforcement officers whose basic training course did not contain
the instruction required by paragraph A may satisfy the certification standards; and [1989, c. 521, §§4, 17 (NEW).]










C. A requirement that in-service training programs required under section 2804-E include
instruction on current court procedures; [1989, c. 521, §§4, 17 (NEW).]







[
1989, c. 521, §§4, 17 (NEW)
.]








8-A. Training of police officers of the Bureau of Capitol Police. 
To establish certification standards and a training program for police officers appointed by the Commissioner of Public Safety pursuant to section 2908.
This program must include:





A. The preservice law enforcement training under section 2804-B; [2005, c. 331, §12 (AMD).]










B. An additional 120-hour field training program developed and approved by the board
that is specific to the duties of a Capitol Police officer; and [2009, c. 317, Pt. E, §1 (AMD).]










C. In-service law enforcement training that is specifically approved by the board as
prescribed in section 2804-E. [2001, c. 559, Pt. KK, §2 (NEW).]







Capitol Police officers are exempt from section 2804-C;

[
2009, c. 317, Pt. E, §1 (AMD)
.]








8-B. Training of judicial marshals. 
To establish certification standards and a preservice and in-service training program
for judicial marshals. This program must include:





A. Preservice law enforcement training under section 2804-B; [2003, c. 400, §5 (NEW).]










B. An additional basic judicial marshal training program developed and approved by the board that is specific to the duties
of a judicial marshal; and [2013, c. 147, §10 (AMD).]










C. In-service law enforcement training that is specifically approved by the board as
prescribed in section 2804-E. [2003, c. 400, §5 (NEW).]







Judicial marshals are exempt from section 2804-C, but completion of basic training under section 2804-C
exempts a person from the preservice training requirement under paragraph A;


[
2013, c. 147, §10 (AMD)
.]








8-C. Training of transport officers. 
To establish certification standards and a training program for transport officers.
This program must include:





A. The preservice law enforcement training under section 2804-B; and [2013, c. 147, §11 (NEW).]










B. In-service law enforcement training that is specifically approved by the board as
prescribed in section 2804-E; [2013, c. 147, §11 (NEW).]







[
2013, c. 147, §11 (AMD)
.]








9. Other training programs. 
To establish additional training programs considered to be beneficial to law enforcement officers,
corrections officers and other criminal justice personnel;


[
2013, c. 147, §12 (AMD)
.]








10. Establish fees. 
To establish, with the approval of the commissioner, reasonable fees for attendance
to defray at least part of the operation costs of the academy;


[
1989, c. 521, §§4, 17 (NEW)
.]








11. Formulate a budget. 




[
2005, c. 331, §14 (RP)
.]








12. Accept funds and grants. 
With the approval of the commissioner, to accept such federal funds or grants as
may be available to carry out the purposes of the academy;


[
1989, c. 521, §§4, 17 (NEW)
.]








13. Acquire facilities. 
With the approval of the commissioner, to lease, rent or acquire adequate facilities
to conduct the academy's training programs;


[
1989, c. 521, §§4, 17 (NEW)
.]








14. Certification of instructors. 
To certify and set standards for certification of law enforcement and criminal justice
instructors to be used in all academy preservice, basic and in-service training programs
as required by the board of trustees and over which the board has statutory control;


[
1989, c. 521, §§4, 17 (NEW)
.]








15. Revocation or suspension of certification. 
To take disciplinary action concerning any certificate issued by the board, including but not limited to suspension or revocation;


[
2013, c. 147, §13 (AMD)
.]








16. Provide assistance and materials. 
To provide to state, municipal and county corrections officers and state, municipal
and county law enforcement officers any assistance or instructional materials the
board considers necessary to fulfill the purposes of this chapter and Title 30-A,
sections 381 and 2671;


[
2013, c. 147, §14 (AMD)
.]








17. Acceptance of gifts.  
To accept, as recommended by the Director of the Maine Criminal Justice Academy, money,
goods and services, gifts, bequests and endowments donated to the Maine Criminal Justice
Academy to support any activities carried out by the Maine Criminal Justice Academy
pursuant to this chapter. Any money donated to the academy and any proceeds from
the sale of property bequeathed to the board pursuant to this section must be deposited
in the academy's Other Special Revenue Funds account;


[
2013, c. 147, §15 (NEW)
.]








18. Rules.  
To adopt rules as the board determines necessary and proper to carry out this chapter.
Rules adopted pursuant to this subsection are routine technical rules as defined in
Title 5, chapter 375, subchapter 2-A; and


[
2013, c. 147, §15 (NEW)
.]








19. Issuance of subpoenas.  
To conduct investigations and issue subpoenas to assist with investigations or as
otherwise considered necessary for the fulfillment of its responsibilities and to
hold hearings and issue subpoenas for witnesses, records and documents in the name
of the board in accordance with the terms of Title 5, section 9060, except that the
subpoena authority applies to any stage or type of an investigation and is not limited
to an adjudicatory hearing.


[
2013, c. 147, §15 (NEW)
.]





SECTION HISTORY

1989, c. 521, §§4,17 (NEW).
1993, c. 744, §§2-4 (AMD).
1997, c. 395, §O2 (AMD).
1999, c. 630, §1 (AMD).
2001, c. 559, §KK2 (AMD).
2003, c. 400, §5 (AMD).
2005, c. 331, §§8-15 (AMD).
2005, c. 519, §XXX4 (AMD).
2009, c. 317, Pt. E, §1 (AMD).
2013, c. 147, §§8-15 (AMD).
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