reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. These regulations apply to administrative hearings before the Correctional Training Commission (Commission), where issues concerning the legal rights, duties, statutory entitlements, or privileges of specific parties are decided as required by law or constitutional right.
B. These regulations do not apply to:
(1) An employee grievance hearing;
(2) An informal investigation;
(3) A Commission action on an application for certification or recertification to a mandated position;
(4) A decision made by the Executive or Deputy Director pursuant to authority delegated by the Commission;
(5) A decision to conduct or not to conduct a hearing; or
(6) A proceeding where a hearing is not required by law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.02 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing conducted by the Commission is subject to the provisions of the Administrative Procedure Act.
B. The Commission may conduct a hearing only if a majority of the Commission's authorized membership is present.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.03 - Parties - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party to a hearing includes an individual or agency that the Commission names or designates, or who is entitled to be a party to a hearing.
B. A party may be represented by counsel at a hearing.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.04 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission shall provide all parties with written notice of a hearing at least 10 business days before the scheduled hearing date.
B. A written notice shall comply with State Government Article, §§
									10-207 and  10-208, Annotated Code of Maryland, and include:
(1) The date, time, and place of the hearing;
(2) A brief explanation of the allegations and issues;
(3) Citations of relevant law or regulation; and
(4) A copy of COMAR 12.10.03.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.05 - Postponements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The presiding officer may postpone a hearing upon a written request of any party, if the:
(1) Presiding officer receives the request at least 3 business days before the scheduled hearing date; and
(2) Request establishes good cause for the postponement as determined by the presiding officer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.06 - Presiding Officer - Duties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission chairman, or a designee, shall be the presiding officer who shall:
(1) Be in charge of the hearing;
(2) Permit the examination of witnesses;
(3) Rule on the admissibility of evidence;
(4) Decide the order in which parties may testify, present evidence, or present argument;
(5) Adjourn or recess the hearing from time to time;
(6) Decide if a party is required to submit a written brief or motion supporting the party's position and establish deadlines for submissions;
(7) Reschedule the hearing if a majority of the Commission is not present; and
(8) Maintain a record of the hearing as required under State Government Article, §
										10-218, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.07 - Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a party fails to appear for the hearing and the presiding officer has reason to believe the party received notice of the hearing, the presiding officer may:
(1) Proceed with the hearing based on the information available; or
(2) Reschedule the hearing.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.08 - Hearing Procedures - Testimony and Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
A. The introduction of evidence at a hearing shall comport with procedures under State Government Article, §
									10-213, Annotated Code of Maryland.
B. When a party is represented by counsel, only counsel may submit evidence, question witnesses, and file objections, exceptions, and motions on behalf of the party.
C. A party testifying shall be under oath administered by an individual authorized by the presiding officer.
D. The presiding officer shall require the following oath be used: "Do you solemnly swear or affirm under the penalties of perjury that the responses given and statements made will be the truth, the whole truth, and nothing but the truth?"
E. The burden of proof shall be on the party bringing the issue before the Commission.
F. The standard of proof shall be a preponderance of evidence.
G. A party may submit a brief, or the presiding officer may order that a brief be submitted, concerning the issues of fact and law involved in the hearing. The presiding officer shall determine:
(1) The form, for the brief; and
(2) Submission deadlines.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.09 - Decisions and Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A. A decision by the Commission shall be made by a majority of the members present at the hearing.
B. The presiding officer shall prepare the Commission's final decision and order in writing that includes findings of fact and conclusions of law that are based exclusively on testimony, evidence, and other matters that are a part of the hearing record.
C. The Commission shall deliver or mail a copy of the decision and order and accompanying findings and conclusions to each party or the party's counsel of record.
D. Unless specified otherwise, orders of the presiding officer or the Commission shall be immediately implemented.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.10 - Request for Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may request reconsideration of a final decision by the Commission.
B. A request for reconsideration shall:
(1) Be in writing;
(2) Be received by the presiding officer issuing the decision not later than 10 days after receipt of the final decision or order by the party or the party's counsel of record; and
(3) State in detail the grounds for the request.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.11 - Transcription of Hearing Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission is not required to provide a transcript of the hearing record.
B. A party may obtain a complete or partial transcript if the party:
(1) Makes a written request for transcription to the presiding officer; and
(2) Agrees to pay the costs of and make arrangements for transcription.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.03 - General Hearing Regulations › Section 12.10.03.12 - Judicial Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A party aggrieved by the Commission's final decision, or by an interlocutory order, is entitled to judicial review as provided in State Government Article, §
									10-222, Annotated Code of Maryland, or any other applicable provision of law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.04 - Firearms Training › Section 12.10.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter establishes Commission firearms training requirements for a firearms qualified employee regulated by the Commission for:
(1) Firearms classroom instruction, training, and qualification; and
(2) Authorization to use or carry a firearm.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.04 - Firearms Training › Section 12.10.04.03 - General Requirements - Authorized Firearms Classroom Instruction, Training, and Qualification, and Firing Line Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Firearms Classroom Instruction, Training, and Qualification Requirements - General.
(1) A firearms qualified employee may not use or carry a firearm unless:
(a) The firearm is approved by the firearms qualified employee's employer;
(b) The firearms qualified employee's employer authorizes the firearms qualified employee to use or carry the firearm; and
(c) The firearms qualified employee successfully completes the applicable firearms classroom instruction, training, and qualification for the firearm established under this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.04 - Firearms Training › Section 12.10.04.04 - Entrance-Level Firearms Classroom Instruction, Training, and Qualification - Handgun

Current through Register Vol. 51, No. 14, July 12, 2024
A. A firearms qualified employee shall successfully complete the minimum requirements for entrance-level handgun classroom instruction, training, and qualification established under this regulation before using or carrying a handgun.
B. Minimum entrance-level classroom instruction, training, and qualification for a handgun include:
(1) 35 hours of classroom instruction, training, and qualification;
(2) Classroom instruction topics marked with an "X" under Entrance-Level Handgun Training in the table under Regulation .10B of this chapter;
(3) The following activities conducted over a minimum of three separate calendar days:
(a) Firearms training exercises; and
(b) A course of fire for qualification scoring that includes:
(i) Three successive day-fire courses of fire; and
(ii) One reduced light course of fire;
(4) Use of ammunition authorized by the individual's employer, or the ballistic equivalent when firing for qualification;
(5) Discharging a minimum of 1,000 rounds of ammunition for firearms training and qualification collectively; and
(6) The course of fire requirements outlined in the table under Regulation .05 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.04 - Firearms Training › Section 12.10.04.06 - Entrance-Level Firearms Classroom Instruction, Training, and Qualification - Long Guns

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual shall successfully complete the minimum requirements for entrance-level long gun classroom instruction, training, and qualification established under this regulation before using or carrying a long gun.
B. The minimum requirements for entrance-level long gun classroom instruction, training, and qualification include:
(1) Classroom instruction topics marked with an "X" under the column for Entrance-Level Long Gun Training on the table under Regulation .10B of this chapter;
(2) The following total hours of long gun classroom instruction, training, and qualification for a:
(a) Type 1 long gun, 35 hours;
(b) Type 2 long gun, 35 hours;
(c) Type 3 long gun, 14 hours; and
(d) Type 4 long gun, 7 hours;
(3) Discharging the following number of rounds of ammunition at a target for training and qualification for a:
(a) Type 1 long gun, 150 rounds;
(b) Type 2 long gun, 350 rounds;
(c) Type 3 long gun, 350 rounds; and
(d) Type 4 long gun, 50 rounds; and
(4) Successfully completing qualification requirements on a day-fire course of fire for the specific type of long gun established in the table under Regulation .07A of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.04 - Firearms Training › Section 12.10.04.08 - Annual Firearms Classroom Instruction, Training, and Qualification Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements - All Firearms.
(1) During each calendar year, a firearms qualified employee shall successfully complete the following:
(a) Classroom instruction for each firearm type that the firearms qualified employee is authorized to use or carry;
(b) Firearms training for each firearm that the firearms qualified employee is authorized to use or carry; and
(c) Firearms qualification for each firearm that the firearms qualified employee is authorized to use or carry.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.04 - Firearms Training › Section 12.10.04.09 - Firearms Conversion - Classroom Instruction, Training, and Qualification

Current through Register Vol. 51, No. 14, July 12, 2024
A. A firearms qualified employee who has successfully completed entrance-level firearms classroom instruction, training, and qualification for a specific type of firearm and is required or requesting to use or carry a firearm of a different type shall successfully complete:
(1) Firearms conversion classroom instruction, training, and qualification requirements established under this regulation for the different firearm type; or
(2) Entrance-level classroom instruction, training, and qualification established under this chapter for the different firearm.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.04 - Firearms Training › Section 12.10.04.10 - Firearms Classroom Instruction Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The table in §B of this regulation establishes minimum required firearms classroom instruction topics.
B. An "X" in the following table indicates that the corresponding firearms classroom instruction topic is required for the specified type of training:
Classroom Instruction Topics
Entrance-Level Handgun Training
Entrance-Level Long Gun Training
Annual Firearms Training
Handgun Conversion Training-Different Type Handgun
Handgun Conversion Training-Within a Handgun Type
Firearms Conversion Training-Long Gun
(1) Legal aspects in the use of firearms
X
X
X
(2) Nomenclature relevant to the firearm for which the training is being given
X
X
X
X
X
X
(3) Care and cleaning of the firearm for which the training is being given
X
X
X
X
X
X
(4) Safe handling and safe storage of firearms
X
X
X
(5) Fundamentals of marksmanship and shooting related to the firearm
X
X
X
(6) Explanations and reasons for a qualification course of fire
X
X
(7) Ballistic properties, if applicable
X
X
X
X
X
X
(8) Potential situations for which the long gun is intended
X
(9) Unusual characteristics
X
(10) Optical sighting devices, where applicable
X
X
(11) Reduced light firing techniques
X
X
(12) Mechanical Operation of the firearm
X
X
X
X
X
(13) Malfunction causes and clearing
X
X
X
X
X
X
C. Legal aspects in the use of firearms, at a minimum, shall include:
(1) Rules for the use of deadly force;
(2) Alternatives to the use of deadly force;
(3) Emotional, mental, and psychological preparation needed for the possibility of a deadly force shooting situation;
(4) Judgmental or decision training on the use of deadly force; and
(5) Criminal, civil, and administrative liability for misuse of deadly force.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.05 - Electronic Control Devices Training › Section 12.10.05.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Annual in-service training curriculum" means a course of study approved by the Commission that meets the requirements established for electronic control device classroom instruction, written examination, and practical exercise and is conducted as part of mandated employee in-service training and firearms qualification under COMAR 12.10.01.16A.
(2) "Commission" means the Correctional Training Commission or a representative authorized to act on behalf of the Commission.
(3) "Correctional officer" has the meaning stated in Correctional Services Article, §
										8-201, Annotated Code of Maryland.
(4) "Correctional unit" has the meaning stated in Correctional Services Article, §
										8-201, Annotated Code of Maryland.
(5) "Electronic control device" has the meaning stated in Criminal Law Article, §
										4-109, Annotated Code of Maryland.
(6) "Initial training course curriculum" means a course of study approved by the Commission that meets the requirements established for electronic control device classroom instruction, written examination, and practical exercise that an individual shall successfully complete before the individual may be authorized to carry or use an electronic control device.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.05 - Electronic Control Devices Training › Section 12.10.05.02 - Minimum Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter establishes minimum correctional officer training requirements related to the use of an electronic control device.
B. A correctional unit may adopt correctional officer training requirements related to use of an electronic control device in addition to Commission requirements under this chapter.
C. A correctional officer may not carry or use an electronic control device as part of the correctional officer's official duties before the correctional officer's correctional unit has:
(1) Approved each specific manufacturer's model of an electronic control device used as part of the correctional officer's duties;
(2) Certified to the Commission, on forms or in a manner determined by the Commission, that the correctional officer has successfully completed Commission training requirements established under this chapter for each specific manufacturer's model of an electronic control device approved by the correctional unit, which, at a minimum, include:
(a) Classroom instruction;
(b) A written examination; and
(c) Practical exercises demonstrating proficiency in the use of the specific manufacturer's model of an electronic control device; and
(3) Determined that the correctional officer has received adequate training demonstrating the ability to safely and effectively use each specific manufacturer's model of an electronic control device the correctional officer is authorized to carry or use.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.05 - Electronic Control Devices Training › Section 12.10.05.03 - Correctional Officer Electronic Control Device Initial Training Course Curriculum

Current through Register Vol. 51, No. 14, July 12, 2024
A. A correctional officer is not required to complete an electronic control device initial training course curriculum under this regulation if:
(1) The correctional officer's authorization to use a specific manufacturer's model of an electronic control device is in effect on September 30, 2009 and the correctional unit has determined the correctional officer has:
(a) Received adequate training on the specific manufacturer's model of an electronic control device; and
(b) Demonstrated the ability to safely and effectively use the specific manufacturer's model of an electronic control device; or
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.05 - Electronic Control Devices Training › Section 12.10.05.04 - Electronic Control Device Annual In-Service Training Curriculum

Current through Register Vol. 51, No. 14, July 12, 2024
A. A correctional officer authorized to use or carry a specific manufacturer's model of an electronic control device shall successfully complete annual in-service training curriculum for the specific manufacturer's model of an electronic control device.
B. A correctional officer who successfully completes an initial training course curriculum for a specific manufacturer's model of an electronic control device during a calendar year is not required to complete an annual in-service training curriculum for the same specific manufacturer's model of an electronic control device until the next calendar year.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.05 - Electronic Control Devices Training › Section 12.10.05.05 - Electronic Control Device Training Content Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Minimum Commission-Approved Classroom Instruction Requirements.
(1) Only a Commission-certified electronic control device instructor may conduct Commission-approved electronic control device classroom training.
(2) Initial training course curriculum and annual in-service curriculum electronic control device classroom instruction, at a minimum, shall include the following topics related to the specific manufacturer's model of an electronic control device for which the correctional officer is to be authorized to carry or use:
(a) Electronic control device:
(i) Nomenclature;
(ii) Characteristics;
(iii) Capabilities;
(iv) Limitations;
(v) Maintenance; and
(vi) Operational principles and technology; and
(b) Proper electronic control device use addressing:
(i) Correctional unit policy and procedures;
(ii) Agency and other protocols;
(iii) Judgment and decision making;
(iv) Legal considerations;
(v) Physiological and psychological effects;
(vi) Target zones;
(vii) Side effects and individuals with an elevated risk;
(viii) After-care measures;
(ix) Defensive measures;
(x) Potential collateral occurrences; and
(xi) Safety of transport, storage, and use.
(3) A correctional officer shall achieve a minimum passing score of 70 percent on a written examination that tests a correctional officer's comprehension of the topics required under §A(2) of this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.02 - Instructor Certification Classifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission provides instructor certification in accordance with this chapter for the following instructor classifications:
(1) Academic Provisional Instructor;
(2) Academic Instructor;
(3) Defensive Tactics Provisional Instructor;
(4) Defensive Tactics Instructor;
(5) Electronic Control Device Instructor;
(6) Firearms Provisional Instructor;
(7) Line Instructor; and
(8) Firearms Instructor.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.03 - Selection Standards and Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. Selection Standards for Instructor Certification. If an application is submitted to the Commission requesting certification of an individual for an instructor classification, at a minimum, the individual shall meet the following standards:
(1) Possess a:
(a) High school diploma issued by a high school or recognized by the State Board of Education; or
(b) General Education Development (GED) certificate or diploma issued by Maryland or other state, or recognized by the State Board of Education.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.04 - Exemptions from Instructor Certification

Current through Register Vol. 51, No. 14, July 12, 2024
Instructor Certification Exemptions.
A. An individual who provides 3 hours or less of instruction for a Commission-approved training course is exempt from the requirement to have instructor certification required under this chapter if the individual does not provide instruction that is a part of:
(1) Defensive tactics training;
(2) Electronic control device training; or
(3) Firearms training.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.05 - Time Limits - Extension for Inactive Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following time limits may be extended by the amount of time that equals the length of time an individual is on inactive status:
(1) The time for completion of an applicant's evaluations prior to submitting an application for certification or renewal of certification;
(2) The time for completion of an applicant's training program, instructor's course or instruction prior to submitting an application for provisional certification, certification, or renewal of certification;
(3) The time of an individual's term of certification; and
(4) The time for completing a required firearms qualification course of fire.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.06 - Instructor Evaluation Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. An evaluation of an individual required by this chapter for an instructor classification shall be:
(1) Conducted on a separate occasion from other evaluations of the individual who is being evaluated;
(2) Conducted by an individual who meets the requirements of this chapter or COMAR 12.04.06;
(3) Conducted while the individual being evaluated provides instruction for a course that is approved by the Commission or the Police Training Commission;
(4) Based on the personal observations, for a minimum of one hour, of the individual conducting the evaluation; and
(5) Recorded, by the individual conducting the evaluation, on a form approved by the Commission.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.07 - Academic Instructor - Training Program, Evaluation Requirements and Waiver of Training Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. A correctional unit, academy certified under COMAR 12.10.01.14A, the Department of Juvenile Services, or training provider may conduct an Academic Instructor training program if the program is approved by the Commission.
B. Not later than 20 working days before the proposed date for the start of an Academic Instructor training program, the correctional unit head, academy training director, Department of Juvenile Services official, or the training provider's official supervising the Academic Instructor training program shall submit to the Commission the proposed Academic Instructor training program for approval.
C. The following are minimum Academic Instructor training program requirements:
(1) An individual providing the Academic Instructor training shall be an Academic Instructor certified under this chapter or COMAR 12.04.06;
(2) The Academic Instructor training program shall include instruction on the following topics:
(a) An introduction to:
(i) The basic concepts of learning and teaching;
(ii) The role of training in the criminal justice profession; and
(iii) Classroom management techniques;
(b) Effective speech techniques;
(c) Preparation and use of audiovisual training aids;
(d) Development of training objectives;
(e) Development of testing strategies;
(f) Identification of the purpose of a lesson plan and its components; and
(g) Practical preparation of mock classroom lesson plans.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.08 - Certification - Academic Provisional Instructor and Academic Instructor

Current through Register Vol. 51, No. 14, July 12, 2024
A. Academic Provisional Instructor. A training authority may submit an application to the Commission for certification of an individual as an Academic Provisional Instructor when the individual:
(1) Has 1 year of employment experience in the public safety community; and
(2) Meets the selection standards under Regulation .03A of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.09 - Certification and Training Program - Defensive Tactics Provisional Instructor and Defensive Tactics Instructor

Current through Register Vol. 51, No. 14, July 12, 2024
A. Defensive Tactics Provisional Instructor Certification. A training authority may submit an application to the Commission for certification of an individual as a Defensive Tactics Provisional Instructor if the individual has:
(1) Acquired a minimum of 2 cumulative years of criminal justice related defensive tactics skills experience during the 5-year period immediately before the date of the application; and
(2) Successfully completed a Commission-approved Defensive Tactics Instructor training program not more than 2 years before the date of the application for Defensive Tactics Provisional Instructor.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.10 - Certification - Electronic Control Device Instructor

Current through Register Vol. 51, No. 14, July 12, 2024
A training authority may submit an application to the Commission for certification of an individual as an Electronic Control Device Instructor if the individual seeking certification:
A. Is a correctional officer who:
(1) Is authorized by the correctional officer's employing agency to carry or use the specific manufacturer's model of an electronic control device for which the individual, if granted certification, would provide instruction; and
(2) Has successfully completed a Commission-approved Academic Instructor training program that meets requirements under Regulation .07 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.11 - Certification - Firearms Provisional Instructor, Line Instructor, and Firearms Instructor

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certification Requirements - General. A training authority may submit an application to the Commission for certification of an individual as a Firearms Provisional Instructor, Line Instructor, or Firearms Instructor when the individual meets the certification requirements established under this regulation for the particular instructor classification and has:
(1) Two or more years employment as a correctional officer or law enforcement officer within the last 5 years, during which employment the individual was authorized to use or carry a firearm for a minimum of 2 years; and
(2) Within 60 days immediately before the date of the application for instructor certification, successfully completed the qualification course of fire required by §D(5) of this regulation for the firearm type for which the individual is requesting instructor certification.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.12 - Expiration of Instructor Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual's instructor certification expires:
(1) At the conclusion of the individual's term of certification established under Regulation .15B of this chapter for the individual's instructor classification;
(2) When the individual leaves employment with the correctional unit, academy certified under COMAR 12.10.01.14A, or the Department of Juvenile Services on behalf of which the training authority submitted the application for the individual's instructor certification; or
(3) If the training authority for the correctional unit, academy certified under COMAR 12.10.01.14A, or the Department of Juvenile Services that submitted the application for the individual's instructor certification requests that the individual's instructor certification be terminated.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.13 - Renewal of Instructor Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Renewal of provisional instructor certification for an instructor classification may be granted by the Deputy Director as provided under Regulation .15 of this chapter.
B. Except for provisional instructor, renewal of instructor certification for an instructor classification may be granted by the Commission as follows:
(1) If an individual's instructor certification has been expired for more than 3 years, the individual:
(a) Shall successfully complete the instructor certification requirements of this chapter for the instructor classification applied for in order to receive certification for that instructor classification; or
(b) Upon approval by the Commission, may receive certification renewal for the expired instructor classification if the individual successfully completes a program of selected aspects of the instructor classification's certification requirements designated by the Commission.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.06 - Instructor Training and Certification › Section 12.10.06.16 - Suspension and Revocation of Instructor Certification and Exemptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Deputy Director, in accordance with this regulation may temporarily suspend or permanently revoke an individual's instructor certification if the individual:
(1) Does not comply with Commission regulations;
(2) Falsifies or fails to maintain reports, forms, rosters, and other records required by the Commission;
(3) Facilitates or condones cheating on an examination, skills exercise, or other aspect of a training provider's course for which instruction is provided;
(4) Compromises the integrity of a training provider's training program or course;
(5) Misuses the authority granted by the instructor certification;
(6) Fails to provide required instruction or provides instruction that is erroneous or inadequate;
(7) Fails to cooperate with Commission audits or inquiries;
(8) Provides false or misleading information to the Commission; or
(9) Violates or fails to meet Commission requirements.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for:
A. Filing complaints of alleged misconduct with the Internal Investigative Unit;
B. Conducting and coordinating investigations undertaken or assigned by the Internal Investigative Unit;
C. Reporting and notification requirements related to investigations undertaken or assigned by the Internal Investigative Unit; and
D. Reporting violations of criminal and Maryland Public Ethics Law, State Government Article, Title 15, Annotated Code of Maryland, by an employee to the Assistant Attorney General for the Department and the Chief Counsel to the Governor.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Agency" means an organization, institution, division, or unit established by statute or created by the Secretary within the Department.
(2) "Agency head" means the highest authority of an agency.
(3) "Contraband" means any item that an inmate is prohibited from possessing according to law, regulation, or Department, agency or correctional facility policy.
(4) "Controlled dangerous substance (CDS)" has the meaning stated in Criminal Law Article, §
										5-101, Annotated Code of Maryland.
(5) "Department" means the Department of Public Safety and Correctional Services.
(6) "Director" means the Director of the Internal Investigative Unit.
(7) Employee.
(a) "Employee" means an individual assigned to or employed by the Department in a full-time, part-time, temporary, or contractual position.
(b) "Employee" includes:
(i) A special appointee;
(ii) A volunteer; or
(iii) An intern.
(8) "Escape" means any conduct by an inmate that may be charged as an escape under Maryland law.
(9) "Facility" means a structure or space used, owned, or leased by the Department to conduct Department administrative and operational activities.
(10) Inmate.
(a) "Inmate" means an individual in the custody or under the supervision of the Department.
(b) "Inmate" includes an individual:
(i) In pretrial, sentenced, or presentenced (after guilty finding but before sentencing) status actually or constructively confined by the Department;
(ii) In a Department home detention program; or
(iii) Under the supervision of the Division of Parole and Probation.
(11) "Internal Investigative Unit (IIU)" means the Department of Public Safety and Correctional Services Internal Investigative Unit.
(12) "Investigator" means a Department employee permanently assigned to or on special assignment to assist the IIU with the responsibilities specified under Correctional Services Article, §
										10-701(a)(3), Annotated Code of Maryland.
(13) Nonagency Employee.
(a) "Nonagency employee" means an individual who, by contract or other lawful arrangement, provides services to an inmate or the Department.
(b) "Nonagency employee" includes an employee of the Department of Education.
(14) "Secretary" means the Secretary of Public Safety and Correctional Services.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.03 - Scope of IIU Investigative Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director, or a designee, shall investigate:
(1) An alleged violation of criminal law committed by an employee while on duty;
(2) An alleged violation of criminal law committed by an employee while off duty if that violation impacts, or has the potential to impact, negatively on the Department;
(3) An alleged violation of criminal law committed by an inmate, a visitor, a nonagency employee, or another individual that may affect the safety or security of a Department facility;
(4) An alleged violation of Maryland Public Ethics Law, State Government Article, Title 15, Annotated Code of Maryland, by an employee or nonagency employee; and
(5) Other alleged violations that have a negative impact on the Department.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.04 - IIU Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appointment; Reporting.
(1) The Secretary shall appoint the Director.
(2) The Director shall report directly to the Secretary.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.05 - Incidents Required to be Reported to the IIU

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided under §B of this regulation, an employee shall immediately notify the Director, or a designee, if the employee is involved in or has knowledge of:
(1) An alleged violation by an employee of:
(a) The criminal law of the United States, a state, or a political subdivision of a state;
(b) Transportation Article, Annotated Code of Maryland, or an equivalent law of another state, involving the operation of a motor vehicle while under the influence of alcohol or a CDS; or
(c) Maryland Public Ethics Law, State Government Article, Title 15, Annotated Code of Maryland;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.06 - Police Authority

Current through Register Vol. 51, No. 14, July 12, 2024
When performing duties associated with the IIU, an investigator who is certified as a police officer according to requirements under COMAR 12.04.01 may exercise the authority of a police officer under Correctional Services Article, §
									10-701(b)  and (c), Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.07 - Authority and Responsibility of an Investigator

Current through Register Vol. 51, No. 14, July 12, 2024
An IIU investigator:
A. Shall have unrestricted access to all areas of a Department facility;
B. In addition to the authority under Regulation .06 of this chapter, may:
(1) Access Department records;
(2) Request assistance from an agency employee;
(3) Request assistance from another law enforcement agency;
(4) Inspect facilities, vehicles, or equipment; and
(5) Require an employee to provide testimonial or physical evidence; and
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.08 - Agency Heads

Current through Register Vol. 51, No. 14, July 12, 2024
An agency head or a designee shall:
A. Notify the Director or a designee, and if required, local law enforcement, of an allegation required to be reported under Regulation .05 of this chapter;
B. Relinquish authority for an investigation undertaken by the IIU, including an investigation initially assigned to an agency head, or a designee, that is subsequently assumed by the IIU;
C. Provide to the IIU investigator unrestricted access to all areas of the agency head's facility;
D. Ensure that agency employees cooperate with the IIU investigator;
E. If requested by the IIU, assign agency employees to assist the IIU investigator and serve as an IIU liaison;
F. Coordinate agency employee, nonagency employee, and inmate interviews requested by an IIU investigator;
G. Provide reports, documents, and information requested by an IIU investigator;
H. Ensure confidentiality of all reports, records, investigative activities, and documents relating to an IIU investigation;
I. Provide workspace within the facility for use by the IIU personnel during an investigation;
J. Secure and preserve the scene of an incident until released to an IIU investigator or appropriate law enforcement personnel; and
K. Be accountable for investigations conducted at the agency level ensuring that:
(1) Where appropriate, investigative activities are conducted according to requirements for an IIU investigator;
(2) Required reports are completed; and
(3) Investigative reports are forwarded to the Director, or a designee, for review, filing, and retention.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.09 - IIU Notification Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. An employee involved in or with knowledge of an alleged violation under Regulation .05 of this chapter, regardless of whether the employee believes the allegation to be founded, shall immediately file a complaint with the Director, or a designee.
B. The Director, or a designee, receiving notification under §A of this regulation shall:
(1) If possible, identify the employee or individual making the complaint; or
(2) If the complaint is made anonymously, record it as anonymous.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.10 - IIU Post-Notification Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. After a complaint is filed with the IIU, the Director, or a designee, shall evaluate the information provided and:
(1) Decide whether an IIU investigator shall investigate the complaint; or
(2) Refer the complaint for investigation to the appropriate agency head.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 11 - OFFICE OF THE SECRETARY › Chapter 12.11.01 - Internal Investigation Unit › Section 12.11.01.11 - Report of Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Director, with the approval of the Secretary, shall determine the format and content of a report of investigation.
B. The IIU is the repository for all reports of investigations conducted by an IIU investigator or assigned through the IIU to an agency head for investigation.
C. The Director shall coordinate release of an investigative report with the Secretary consistent with all laws, rules, regulations, policy, and procedures.