2013 Maine Revised Statutes
TITLE 16: COURT PROCEDURE -- EVIDENCE
Chapter 9: INTELLIGENCE AND INVESTIGATIVE RECORD INFORMATION ACT
16 §806. Exceptions subject to reasonable limitations

806. Exceptions subject to reasonable limitations

Subject to reasonable limitations imposed by a Maine criminal justice agency to protect against the harms described in section 804, this chapter does not preclude dissemination of intelligence and investigative record information confidential under section 804 by a Maine criminal justice agency to: [2013, c. 267, Pt. A, 3 (NEW).]

1. A government agency responsible for investigating child or adult abuse, neglect or exploitation. A government agency or subunit of a government agency in this State or another state that pursuant to statute is responsible for investigating abuse, neglect or exploitation of children or incapacitated or dependent adults if the intelligence and investigative record information is used in the investigation of suspected abuse, neglect or exploitation;

[ 2013, c. 267, Pt. A, 3 (NEW) .]

2. A crime victim or that victim's agent or attorney. A crime victim or that victim's agent or attorney. As used in this subsection, "agent" means a licensed professional investigator or an immediate family member if due to death, age or physical or mental disease, disorder or defect the victim cannot realistically act on the victim's own behalf; or

[ 2013, c. 267, Pt. A, 3 (NEW) .]

3. A counselor or advocate. A sexual assault counselor, as defined in section 53-A, subsection 1, paragraph B, or an advocate, as defined in section 53-B, subsection 1, paragraph A, with a specific agreement with a criminal justice agency. An agreement between a criminal justice agency and a sexual assault counselor or an advocate must, at a minimum, include provisions that:

A. Permit the sexual assault counselor or advocate to use a report or record that contains intelligence and investigative record information if the intelligence and investigative record information is used in planning for the safety of a victim named in the report or record; [2013, c. 267, Pt. A, 3 (NEW).]

B. Prohibit the sexual assault counselor or advocate from further disseminating a report or record that contains intelligence and investigative record information; [2013, c. 267, Pt. A, 3 (NEW).]

C. Require the sexual assault counselor or advocate to ensure that a report or record that contains intelligence and investigative record information remain secure and confidential; [2013, c. 267, Pt. A, 3 (NEW).]

D. Require the sexual assault counselor or advocate to destroy a report or record that contains intelligence and investigative record information within 30 days after the sexual assault counselor's or advocate's receiving the report or record; [2013, c. 267, Pt. A, 3 (NEW).]

E. Permit the criminal justice agency to perform reasonable and appropriate audits in order to ensure that a report or record containing intelligence and investigative record information that are obtained by and that are in the custody of the sexual assault counselor or advocate are maintained in accordance with the requirements of this subsection; [2013, c. 267, Pt. A, 3 (NEW).]

F. Require the sexual assault counselor or advocate to indemnify and hold harmless the criminal justice agency with respect to any litigation that may result from the provision of reports or records that contain intelligence and investigative record information; [2013, c. 267, Pt. A, 3 (NEW).]

G. Permit a criminal justice agency to immediately and unilaterally revoke an agreement made under this subsection; and [2013, c. 267, Pt. A, 3 (NEW).]

H. Provide sanctions for any violations of this subsection. [2013, c. 267, Pt. A, 3 (NEW).]

The Commissioner of Public Safety may adopt a model agreement pursuant to this subsection for use by criminal justice agencies, sexual assault counselors and advocates.

[ 2013, c. 267, Pt. A, 3 (NEW) .]

SECTION HISTORY

2013, c. 267, Pt. A, 3 (NEW).