§ 25 §1541 — Commanding officer

Maine § 25 §1541

• Jurisdiction: Maine
• Title 25: INTERNAL SECURITY AND PUBLIC SAFETY
• Part 4: STATE POLICE
• Ch. 193: STATE BUREAU OF IDENTIFICATION

Text

1.
Appointment.
The Chief of the State Police shall appoint a person who has knowledge of the various standard identification systems and Maine court procedure to be commanding officer of the State Bureau of Identification, heretofore established within the Bureau of State Police.
2.
Personnel.
The Chief of the State Police may delegate members of the State Police to serve in the State Bureau of Identification upon request of the commanding officer. The commanding officer may hire civilian personnel, subject to the Civil Service Law and the approval of the Chief of the State Police, as the commanding officer considers necessary.
3.
Cooperation with other bureaus.
The commanding officer shall cooperate with similar bureaus in other states and with the national bureau in the Department of Justice in Washington, D. C. and he shall develop and carry on an interstate, national and international system of identification.
4.
Rules and regulations.
The commanding officer shall make and forward to all persons charged with any duty or responsibility under this section and sections 1542‑A, 1544, 1547 and 1549 rules, regulations and forms for the taking, filing, preserving and distributing of fingerprints and other juvenile crime and criminal history record information as provided in this chapter. Before becoming effective, such rules, regulations and forms are to be approved by the Attorney General.
4-A.
Responsibility for the collection and maintenance of criminal history record information and juvenile crime information.
The commanding officer shall collect and maintain:
5.
Apparatus and materials.
The Chief of the State Police shall supply such bureau with the necessary apparatus and materials for collecting, filing, preserving and distributing criminal history record information.
6.
Establishment of fees.
The State Bureau of Identification may charge a fee to individuals, nongovernmental organizations, governmental organizations that are engaged in licensing and governmental organizations that are not a governmental entity of the State, a county of the State or a municipality of the State for each criminal history record check requested for noncriminal justice purposes pursuant to Title 16, chapter 7. The requestor shall provide a name and date of birth for each record being requested. A request made pursuant to 5 United States Code, Section 9101 must be accompanied by fingerprints. A governmental organization that is engaged in licensing may charge an applicant for the cost of the criminal history record check. The commissioner shall establish a schedule of fees that covers the cost of providing these services. One dollar of each fee generated under this subsection must be deposited to the Other Special Revenue Funds account within the Bureau of State Police to offset the cost of maintenance and replacement of both hardware and software associated with the criminal history record check system. The remaining revenues generated from these fees must be credited to the General Fund.
7.
Fees to obtain fingerprints for noncriminal justice background checks.
Unless otherwise provided by law, an applicant shall pay a one-time processing fee of $25 to the Department of Public Safety to offset the expenses incurred by the department to obtain fingerprints to be used for conducting state and national criminal history record checks for noncriminal justice purposes when the State Bureau of Identification is required to retain the fingerprints.
8.
Carrying balance.
Any unencumbered balance from funds appropriated from the General Fund to accomplish the purpose of Title 20‑A, section 6103 may not lapse but must be carried forward to be used for the same purpose.
9.
Compact council rules.
The commanding officer shall cause a copy of any rule or procedure adopted by the compact council established under section 1707 that governs the use of the interstate identification index system, as defined in section 1703, subsection 12, to be provided to the joint standing committee of the Legislature having jurisdiction over criminal justice matters.

Legislative History

PL 1971, c. 592, §37 (AMD). PL 1975, c. 763, §4 (RPR). PL 1985, c. 785, §B110 (AMD). PL 1987, c. 421 (AMD). PL 1987, c. 512, §1 (AMD). PL 1995, c. 65, §A73 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 1999, c. 110, §3 (AMD). PL 1999, c. 260, §§B1,2 (AMD). PL 1999, c. 260, §B18 (AFF). PL 1999, c. 401, §W1 (AMD). PL 1999, c. 791, §6 (AMD). PL 2001, c. 372, §§1,2 (AMD). PL 2001, c. 552, §1 (AMD). PL 2003, c. 20, §R8 (AMD). PL 2003, c. 451, §S1 (AMD). PL 2007, c. 539, Pt. PPP, §1 (AMD). PL 2007, c. 670, §16 (AMD). PL 2009, c. 447, §23 (AMD). PL 2009, c. 651, §2 (AMD). PL 2013, c. 267, Pt. B, §§21, 22 (AMD). PL 2015, c. 267, Pt. SSS, §4 (AMD). PL 2019, c. 621, Pt. E, §2 (AMD). RR 2023, c. 1, Pt. C, §44 (COR).