HP0879, LD 1219, item 1, An Act To Establish an Independent Board To Review Law Enforcement Officer-involved Deaths

An Act To Establish an Independent Board To Review Law Enforcement Officer-involved Deaths

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

Sec. 1. 5 MRSA §12004-J, sub-§18 is enacted to read:

18.

Public Safety

Independent Board To Review Law Enforcement Officer-involved Deaths

Expenses Only

25 MRSA §3851

Sec. 2. 14 MRSA §8102, sub-§1, as amended by PL 2003, c. 489, §1, is further amended to read:

1. Employee. "Employee" means a person acting on behalf of a governmental entity in any official capacity, whether temporarily or permanently, and whether with or without compensation from local, state or federal funds, including elected or appointed officials; volunteer firefighters as defined in Title 30-A, section 3151; emergency medical service personnel; members and staff of the Consumer Advisory Board pursuant to Title 34-B, section 1216; members of the Maine National Guard but only while performing state active service pursuant to Title 37-B; sheriffs' deputies as defined in Title 30-A, section 381 when they are serving orders pursuant to section 3135; members of the Independent Board To Review Law Enforcement Officer-involved Deaths pursuant to Title 25, section 3851; and persons while performing a search and rescue activity when requested by a state, county or local governmental entity, but the term "employee" does not mean a person or other legal entity acting in the capacity of an independent contractor under contract to the governmental entity.

Sec. 3. 25 MRSA c. 411 is enacted to read:

CHAPTER 411

INDEPENDENT BOARD TO REVIEW LAW ENFORCEMENT OFFICER-INVOLVED DEATHS

§ 3851. Independent Board To Review Law Enforcement Officer-involved Deaths

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Board" means the Independent Board To Review Law Enforcement Officer-involved Deaths.

B. "Law enforcement agency" has the same meaning as in section 3701, subsection 1.

C. "Law enforcement officer" has the same meaning as in section 3701, subsection 3 and includes a corrections officer, as defined in section 2801-A, subsection 2.

D. "Officer-involved death" means a death of an individual that results directly from the act or omission of a law enforcement officer while the officer is on duty or while the officer is off duty but performing activities that are within the scope of the officer's duties.

2. Independent Board To Review Law Enforcement Officer-involved Deaths established. The Independent Board To Review Law Enforcement Officer-involved Deaths, as established in Title 5, section 12004-J, subsection 18, is an independent board responsible for reviewing investigations of incidents of officer-involved death.

3. Membership of board; appointment. The board consists of 7 members appointed by the Attorney General as follows:

A. Two employees in the Office of the Attorney General;

B. Two persons recommended by a recognized statewide organization representing criminal defense attorneys;

C. One member of the clergy recommended by a recognized statewide nondenominational organization representing religious interests;

D. One person recommended by the Maine Sheriffs' Association or successor organization; and

E. One person recommended by a nationally recognized organization that advocates for civil rights and minorities.

4. Term; chair. Members are appointed to serve a 3-year term. The members shall elect one member to serve as chair for at least a 2-year term.

5. Staff assistance; support. The Office of the Attorney General shall provide necessary staff assistance and administrative support to the board.

6. Compensation. A member of the board serves without compensation but must be reimbursed for expenses, including travel expenses, incurred in the performance of the member's duties.

7. Duties. In a case of an officer-involved death, the board shall determine the facts of the incident, including reviewing all notes, data and reports of the law enforcement officer and the law enforcement agency involved in or responding to the incident; interviewing witnesses and experts; and collecting other information concerning the incident that the board determines relevant. The board may collaborate with or seek guidance from other state and federal law enforcement agencies with experience in officer-involved deaths, including an incident review team convened by the Maine Criminal Justice Academy. After reviewing the information the board determines relevant, the board shall issue recommendations to the prosecuting attorney of the county in which the incident occurred or, if the prosecuting attorney is the Attorney General, the Attorney General within 90 days of the incident unless the board requests an extension of time from the Attorney General. The board shall also issue a public report with its findings and recommendations that the Attorney General shall publish on its publicly accessible website.

8. Immunity. Except when the plaintiff is the State, the provisions of Title 14, section 8111 apply to a member of the board in performing the member's official duties of the board.

Sec. 4. Staggered terms. Notwithstanding the provisions of the Maine Revised Statutes, Title 25, section 3851, subsection 4, of the initial appointees of the Independent Board To Review Law Enforcement Officer-involved Deaths, 2 are appointed for one-year terms, 2 are appointed for 2-year terms and 3 are appointed for 3-year terms, according to a random lot drawing by the Attorney General.

summary

This bill establishes the Independent Board To Review Law Enforcement Officer-involved Deaths to review investigations by law enforcement agencies concerning deaths involving law enforcement officers and to issue recommendations to the prosecuting attorneys or Attorney General. The board consists of 7 members appointed to 3-year terms, and members of the board are conferred immunity in performing their duties on the board, except when the plaintiff is the State. The bill requires the board to issue a public report of its findings and conclusions for every officer-involved death in the State.

HP0879 LD 1219	Session - 129th Maine Legislature		LR 985 Item 1
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