Bill Summary – FastDemocracy

APPROVED                 CHAPTER
                                                                MARCH 6, 2024                  525
                                                                BY GOVERNOR              PUBLIC LAW
                                  STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                       TWO THOUSAND TWENTY-FOUR
                                          _____
                                 H.P. 1307 - L.D. 2045
An Act to Establish Training and Certification Standards for Probation and
                              Parole Officers
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 25 MRSA §2801-A, sub-§5, as amended by PL 2013, c. 147, §5, is further
amended to read:
    5. Law enforcement officer. "Law enforcement officer" means a person who by
virtue of public employment is vested by law with the power to make arrests for crimes or
serve criminal process, whether that power extends to all crimes or is limited to specific
crimes, and who possesses a current and valid certificate issued by the board pursuant to
section 2803‑A. As used in this chapter, "law enforcement officer" does not include federal
law enforcement officers or, attorneys prosecuting for the State or persons who perform
probation functions or are adult probation supervisors as defined in Title 17-A, section 2,
subsection 3-C.
    Sec. 2. 25 MRSA §2801-A, sub-§7-A is enacted to read:
   7-A. Probation and parole officer. "Probation and parole officer" means an
employee of the Department of Corrections with duties described in Title 34-A, section
5404 who possesses a current and valid certificate issued by the board pursuant to section
2803-A, subsection 5-C or a provisional certification as determined by the board for certain
employees employed prior to July 1, 2025.
    Sec. 3. 25 MRSA §2801-B, sub-§1, ¶A, as repealed and replaced by PL 2013, c.
588, Pt. A, §33, is amended to read:
    A. An employee of the Department of Corrections with a duty to perform probation
    functions or who is an adult probation supervisor as defined in Title 17‑A, section 2,
    subsection 3‑C or who is an investigative officer or other employee of the Department
    of Corrections authorized to exercise law enforcement powers as described in Title
    34‑A, section 3011;
    Sec. 4. 25 MRSA §2803-A, sub-§5-C is enacted to read:
                                   Page 1 - 131LR2701(03)
     5-C. Training and certification of probation and parole officers. To establish
training and certification standards for probation and parole officers, set requirements for
board-approved courses, prescribe curricula and certify graduates of board-approved
courses. Certification must be based on the officer's demonstration of having acquired
specific knowledge and skills directly related to job performance;
    Sec. 5. 25 MRSA §2804-M is enacted to read:
§2804-M. Probation and parole officer basic training and certification
     1. Training and certification required. Beginning July 1, 2025, as a condition to
the continued employment of a person hired as a probation and parole officer, that person
shall successfully complete, within the first 12 months of employment, a basic training
course approved by the board and meet the certification standards established by the board
pursuant to section 2803-A, subsection 5-C. Thereafter, as a condition to continued
employment as a probation and parole officer, the officer shall satisfactorily maintain the
basic certification. The board, under extenuating and emergency circumstances in
individual cases, may extend the 12-month period for not more than 180 days. The board,
in individual cases, may waive basic training requirements when the facts indicate that an
equivalent course has been successfully completed in another state or federal jurisdiction.
    Sec. 6. 25 MRSA §2804-N is enacted to read:
§2804-N. In-service probation and parole officer training
     1. Required. Beginning July 1, 2025, as a condition to the continued employment of
any person as a probation and parole officer, that person shall successfully complete
in-service training as prescribed by the board. Failure to successfully complete in-service
training by a probation and parole officer as prescribed by the board constitutes grounds to
suspend or revoke a certificate issued by the board pursuant to section 2803-A.
    2. Role of board. The board shall establish in-service training requirements, consistent
with subsection 1, and coordinate delivery of in-service training. The in-service
recertification training requirements must include information on new laws and court
decisions. The board shall consider and encourage the use of telecommunications
technology in the development and delivery of in-service training programs. In establishing
the recertification training requirements, the board shall cooperate with the Department of
Corrections to ensure that the standards are appropriate. In-service training may not be
applied to satisfy in-service recertification training requirements unless it is approved by
the board.
    3. Provision of in-service training. In-service training programs that meet the
requirements established under subsection 2 or other in-service training may be provided
by the Maine Criminal Justice Academy or the Department of Corrections.
    4. Credit for continuing education. The board may grant in-service training credits
to be applied to in-service recertification training requirements for courses completed at
accredited colleges and universities.
    Sec. 7. Probation and parole officer certification transfer.
   1. Provisional certification. A probation and parole officer working for the
Department of Corrections who has satisfied employment and training requirements
                                   Page 2 - 131LR2701(03)
established pursuant to the Maine Revised Statutes, Title 34-A, section 5402, subsection 2
prior to July 1, 2025 is provisionally certified until October 1, 2025.
    2. Transfer application. No later than October 1, 2025, for each probation and parole
officer who is provisionally certified pursuant to subsection 1 and is employed by the
Department of Corrections, the department shall submit documentation required by the
Board of Trustees of the Maine Criminal Justice Academy to establish current and valid
certification as a probation and parole officer.
    Sec. 8. Board of Trustees of the Maine Criminal Justice Academy to
establish training and certification standards. The Board of Trustees of the Maine
Criminal Justice Academy shall establish training and certification standards for probation
and parole officers pursuant to the Maine Revised Statutes, Title 25, section 2803-A,
subsection 5-C no later than July 1, 2025.
                                   Page 3 - 131LR2701(03)
Statutes affected: 
Bill Text LD 2045, HP 1307: 25.2801
Bill Text ACTPUB , Chapter 525: 25.2801