Agenda Item Request
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Adopt the proposed Policies to meet State Statute and the Maine Criminal Justice Academy Board of Trustees requirements for the operation of a Law Enforcement Agency by the District Attorney’s Office.
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Background and Purpose of Request
A year ago, the District Attorney’s Office received a three-year SAKI (Sexual Assault Kit Initiative) grant in support of categorizing and testing numerous sexual assault test kits residing in law enforcement agencies across the county, which have gone unprocessed to date. One part of the grant implementation process is to have an investigator hired and assigned to the scope of work. In order for the DA’s Office to have a certified law enforcement officer on staff, the DA’s Office needs to seek designation of a Law Enforcement Agency in accordance with requirements as set forth by State Statute and the Maine Criminal Justice Academy. This agenda item brings forth a number of policies necessary to seek this designation.
Certain policies are required of all law enforcement agencies, and places that hire law enforcement officers. Please see:
1.<https://legislature.maine.gov/legis/statutes/25/title25sec2803-B.html>
2.<https://www.maine.gov/dps/sites/maine.gov.dps/files/inline-files/Mandatory%20Minimum%20Policy%20Standards%20March%2030%202026_0.pdf>
The mandated policies are as follows:
1. Use of Force
2. Vehicular Pursuit
3. Domestic Violence
4. Hostage Situation/Barricaded Subject
5. Response to Mental Illness and Involuntary Commitment
6. Civil Rights Act/Bias or Hate Incidents
7. Recording of Interviews
8. Sex Offender Registry
9. Citizen Complaints
10. Criminal Conduct by Officers (combined with #9)
11. Death Investigations
12. Bias-Based Profiling (combined with #6)
13. Unannounced Search Warrants
14. Attorney-Client Privilege
15. Expectations of Truthfulness and Disclosure of Information
16. Investigation of Sex Trafficking
17. Freedom of Access Requests
Attached are the draft policies which follow closely the model policies as approved by the Maine Criminal Justice Academy and put out by the Maine Chiefs' Association.
We are currently working with the Academy to make sure we have what we need, and also to adopt recent changes as of March which all agencies must include by July: <https://www.maine.gov/dps/sites/maine.gov.dps/files/inlinefiles/Mandatory%20Minimum%20Policy%20Standards%20March%2030%202026_0.pdf%20>
The only changes to these submissions that would occur would be at the direction of the Academy and/or to comply with mandatory language and updates. Not all policies will be applicable to the new SAKI Investigator, but we are required to have them in place. A few policies are combined: Citizen Complaints and Criminal Conduct by Officers (9 and 10) and the Hate/Bias Crimes and Bias-Based Profiling (6 and 12).
Requestor
DA Sartoris, District Attorney
Effective Date if Applicable
Immediately after voting.