reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.18 - Consideration for Parole

Current through Register Vol. 51, No. 14, July 12, 2024
A. General.
(1) The Commission shall have the exclusive power of parole release. In determining whether a prisoner is suitable for release on parole, the Commission considers:
(a) The circumstances surrounding the crime;
(b) The physical, mental, and moral qualifications of persons who become eligible for parole;
(c) Whether there is reasonable probability that the prisoner, if released on parole, will remain at liberty without violating the laws; and
(d) Whether the release of the prisoner on parole is compatible with the welfare of society.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.19 - Exception to Decision (Appeal)

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing of Exceptions.
(1) The Commissioner of Corrections, the inmate, or the Commission on its own motion may file written exceptions to any recommendation of a hearing examiner which has been adopted by the Commission.
(2) The exceptions shall be filed within 5 days after receipt of the written decision.
(3) Decisions of cases heard by two or more Commissioners are not subject to exceptions.
(4) A recommendation of a hearing examiner which is not adopted by the Commission shall be treated in the same manner as if exceptions had been filed.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.20 - Predetermined Parole Release

Current through Register Vol. 51, No. 14, July 12, 2024
A. By virtue of statutory authority, the Parole Commission, an inmate and the Commissioner of Corrections may negotiate, by collective bargaining, a tripartite agreement or contract for parole release of the inmate at a time certain in the future.
B. This contract shall be made in writing and signed by all parties.
C. Parole release is contingent upon satisfactory performance of the inmate of the obligations undertaken.
D. Criteria.
(1) Criteria shall be mutually prepared by the Commission and Corrections setting the eligibility standards for submission of contracts by inmates for negotiations.
(2) The criteria, as established, and changed from time to time, shall be in a written document which shall have appended to its forms, rules of practice and procedure, and shall be on file in the principal offices of the parties and made available, upon request, to all interested parties.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.21 - Release on Parole

Current through Register Vol. 51, No. 14, July 12, 2024
A. When feasible, parole plans should be completed and submitted before the parole hearing, as parole is conditioned upon an adequate release plan.
B. Elements in a Release Plan.
(1) Evidence shall be furnished to the Commission that the prospective parolee will be legitimately employed following his release. The employment requirement may be waived by the Commission where circumstances warrant a waiver.
(2) Assurance should be given that necessary aftercare will be available to parolees who are ill or who have any other demonstrated problems in which special treatment may be necessary.
(3) Parolees shall be allowed, in the discretion of the Commission, to return to their homes, or to go elsewhere, upon such terms and conditions as the Commission shall prescribe.
(4) Gradual release may be completed through a community-based treatment facility (i.e. halfway house). The Commission may require this placement as a step in the release process.
(5) Detainers. The policy and practice of the Commission with regard to releasing inmates on parole to meet detainers is as follows:
(a) The status of any detainers lodged against an inmate will be investigated so far as reasonably possible, before the parole hearing and the Public Defender shall be notified and encouraged to assist the inmate in the disposition of the detainer.
(b) The Commission may parole an inmate to meet detainers if the inmate is considered in other respects to meet the parole criteria set forth in Regulation .18.
(c) The Commission will cooperate in making arrangements for concurrent supervision with other jurisdictions when it is feasible and when release on parole appears justified.
(6) An inmate's parole release plan previously approved by the Commission may be altered or changed, providing the changes have been approved by the Commission.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.22 - Violation and Revocation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Basis of Revocation.
(1) Upon satisfactory information alleging that a parolee or mandatory releasee has violated any of the conditions under which he was released, a warrant may be issued, and, after the parolee or releasee is taken into custody, a preliminary hearing shall be provided in accordance with § E, below.
(2) If a parolee or mandatory releasee does not demonstrate capacity and willingness to fulfill the obligations of a law-abiding citizen, or if his continuance in the community becomes detrimental to the integrity of the parole system or incompatible with the welfare of society, he may be reimprisoned pending a hearing to determine if his parole or mandatory release should be revoked.
(3) Technical Violations. If a parolee or mandatory releasee violates any of the conditions of parole, other than commission of a new offense, he shall be termed a "technical violator".
(4) Charge or Conviction of a Crime. If a parolee or mandatory releasee has been arrested, or is awaiting indictment or is awaiting trial, or is serving a sentence, concurrent or consecutive, for a crime committed while on parole, he shall be termed a "violator".
(5) Absconding. If a parolee or mandatory releasee cannot be located for an extended period while on parole, he shall be termed an "absconder".
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.23 - Consideration and Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. En Banc Consideration.
(1) The Commission, in its discretion, may delay action relative to parole or revocation of parole at any time during a hearing to permit consideration of the case by the Commission en banc.
(2) A majority of all members then serving on the Commission shall constitute an en banc panel. The members of the panel and no others shall vote relative to parole or revocation. Members may abstain from voting only in the event of conflict of interest. The decision of the Commission shall be the majority vote of all the members serving on the panel.
(3) En banc consideration may be initiated by the administrative order of the Chairman or at the request of any two members of the Commission.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.01 - General Regulations › Section 12.08.01.24 - Administrative Matters

Current through Register Vol. 51, No. 14, July 12, 2024
A. Publicity. To promote and assist the reintegration into the community of those persons released on parole, it is the desire of the Commission that as little publicity as possible be given the individual parolee. The Commission, as a matter of policy, opposes the publication of names and addresses of those persons being released on parole, as experience has proven that this publicity often has a detrimental effect upon the individual's acceptance in a neighborhood, upon his employer, and upon his ultimate parole success.
B. Correspondence. Correspondence requiring establishment of Commission policy will be signed by the Chairman, after consideration by the Commission, and with the approval of the majority. Routine correspondence such as acknowledging receipt of information, advising interested persons of the Commission's actions and similar matters will be signed by the Chairman, or designated administrative staff after consultation, when necessary, with the Commission members, or may be signed by the Commissioner involved.
C. Conference. Details of conferences with attorneys and other persons representing or interested in prisoners, or which bear upon important questions of policy or possible parole actions, will be made available to other members of the Commission by memorandum, and when proper, included in the inmate's file.
D. Hearing Examiners.
(1) The authority to determine parole release and to promulgate Commission policy is vested solely in the several commissioners, and hearing examiners have only a limited authority to conduct hearings and make recommendations. Therefore, conferences with interested parties and correspondence relative to parole shall be dealt with exclusively by commissioners and the hearing examiners may not meet with lawyers or other interested parties who wish to offer information regarding inmates or parolees.
(2) This section is not intended to preclude hearing examiners from conducting routine correspondence and conferences with institutional authorities and other criminal justice officials.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.02 - Open Parole Release Hearings › Section 12.08.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. These regulations only apply to parole release hearings for parole-eligible inmates when the:
(1) Inmate is incarcerated for a violent crime as defined by Correctional Services Article, §
										7-101, Annotated Code of Maryland;
(2) Victim of the violent crime makes a written request to the Parole Commission for notification of parole hearings, in accordance with Correctional Services Article, §
										7-801, Annotated Code of Maryland; and
(3) Victim makes a written request that the parole hearing be open to the public.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.02 - Open Parole Release Hearings › Section 12.08.02.04 - Scheduling an Open Parole Release Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inmates under the Jurisdiction of the Division of Correction.
(1) Hearing Sites.
(a) An open parole release hearing shall be held at a regional open hearing center designated by the Commissioner.
(b) The regional open hearing centers will serve the Division of Correction facilities and institutional complexes located in the various geographical regions of the State.
(c) There may be more than one regional open hearing center in a geographical region if institutional security requires the establishment of separate open hearing centers within a geographical region.
(d) The following geographical regions will be sites of a regional open hearing center or centers:
(i) Baltimore, Maryland;
(ii) Cresaptown, Maryland;
(iii) Hagerstown, Maryland;
(iv) Jessup, Maryland; and
(v) Westover, Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.02 - Open Parole Release Hearings › Section 12.08.02.05 - Attendance at an Open Parole Release Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Victim Attendance.
(1) The victim and the victim's companion have the right to attend an open parole release hearing and shall be admitted before a member of the general public.
(2) A victim shall provide the name, date of birth, address, and telephone number of the victim's companion when the written request for the open parole release hearing is made to the Commission.
(3) A victim under 18 years old has the right to attend an open parole release hearing, but shall be accompanied by a parent, legal guardian, or other person 18 years old or older who is considered to be the victim's companion under this regulation.
(4) The Commissioner, or the warden or superintendent of a local jail or detention center, shall be informed in writing of the name of the victim and the victim's companion at least 15 days before the open parole release hearing date.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.02 - Open Parole Release Hearings › Section 12.08.02.06 - Application by the General Public to Attend an Open Parole Release Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission shall have published in the Maryland Register a notice of the date, time, and location of open parole release hearings.
B. A member of the general public interested in attending an open parole release hearing shall apply to the Commission in writing at least 60 days before the open parole release hearing date. The written application to attend shall include:
(1) The inmate's full name, place of confinement, and institutional identification number; and
(2) The interested person's full name, date of birth, address, telephone number, relationship to the victim, if any, or relationship to the inmate, if any.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.02 - Open Parole Release Hearings › Section 12.08.02.07 - Admission to an Open Parole Release Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. On the date of the open parole release hearing, the victim, the victim's companion, and preapproved members of the general public shall arrive at the designated regional open hearing center, or local jail or detention center, sufficiently in advance of the time set for the open parole release hearing to complete the required security procedures.
B. The victim, the victim's companion, and preapproved members of the general public shall conduct themselves in an orderly and responsible manner while entering the open parole release hearing area, observing the hearing, and leaving the hearing area.
C. An attendee shall comply with the normal procedures of the institution with respect to the admission of visitors, including, but not limited to:
(1) Submitting proper identification;
(2) Wearing proper attire;
(3) Consenting to be searched; and
(4) Complying with restrictions on the possession of contraband or other inappropriate items.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.02 - Open Parole Release Hearings › Section 12.08.02.08 - Notification to Inmate

Current through Register Vol. 51, No. 14, July 12, 2024
A. A parole-eligible inmate who is incarcerated for a violent crime may be subject to an open parole release hearing if the victim of the crime for which the inmate is being heard for parole complies with Regulation .03 of this chapter.
B. Upon the Commission's determination that the inmate's parole release hearing will be open to the general public, the inmate shall be notified of the open parole release hearing in writing at least 60 days before the open parole release hearing date.
C. An inmate's request for the postponement of the open parole release hearing shall be for good cause and be submitted in writing to the Commission at least 30 days before the open parole release hearing date unless the need for the postponement could not be anticipated in a timely manner.
D. An inmate may not request a postponement of the open parole release hearing for the sole reason that the parole release hearing is open to the general public.
E. If the inmate's request for a postponement is granted, it shall be for an indefinite period of time and a new date for the open parole release hearing shall be set only when the inmate submits a written request for a parole release hearing to the Commission.
F. When a postponement of the open parole release hearing is granted in advance of the hearing, the Chairman shall notify the Division of Correction, the local jail or detention center, the victim, the victim's companion, and preapproved members of the general public that the open parole release hearing has been postponed. When possible, the notification of the postponement shall be made in writing and at least 15 days before the open parole release hearing date.
G. When a new parole release hearing date is set, the hearing shall be open to the victim, the victim's companion, and members of the general public who were previously approved to attend the parole release hearing.
H. Once the postponed open parole release hearing is rescheduled by the Commission, written notification shall be provided to the Division of Correction, local jail or detention center, the victim, the victim's companion, preapproved members of the general public, and the inmate in accordance with Regulations .04, .06, and .08 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.02 - Open Parole Release Hearings › Section 12.08.02.09 - Postponement of an Open Parole Release Hearing by the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission may postpone, suspend, or cancel an open parole release hearing because of unforeseen or emergency circumstances, including, but not limited to:
(1) Sudden illness of the hearing official;
(2) Impassable roads;
(3) Mechanical failure of vehicles; and
(4) Riot or other disturbance within the institution.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.02 - Open Parole Release Hearings › Section 12.08.02.10 - Conduct of the Open Parole Release Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. An open parole release hearing session shall commence promptly at 9:30 a.m. unless another time has been set.
B. Conduct When Cases Are Called.
(1) Cases shall be called in the order docketed by the Commission, subject to the availability of the inmate and the security requirements of the institution, but the order may be changed at any time by the Commission.
(2) When the case is called, the victim, the victim's companion, and preapproved members of the general public shall be ready and shall immediately present themselves to institutional staff for an escort to the hearing area.
(3) A victim, victim's companion, or preapproved member of the general public who fails to respond when the inmate's case is called may not be admitted to the hearing.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.02 - Open Parole Release Hearings › Section 12.08.02.11 - Notification of an Open Parole Release Hearing Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The vote of each member of the Commission on a formal action pertaining to an open parole release hearing, including an action to close or restrict access to the hearing, shall be made available to the general public if:
(1) An interested person submits to the Commission the request in writing; and
(2) The written request contains the inmate's name, place of confinement, institutional identification number, and the date of the open parole release hearing.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 08 - PAROLE COMMISSION › Chapter 12.08.02 - Open Parole Release Hearings › Section 12.08.02.12 - Video Conferencing

Current through Register Vol. 51, No. 14, July 12, 2024
Nothing in this chapter shall prevent the Commission from adopting procedures for the conduct of open parole release hearings over closed-circuit television or other suitable electronic media.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 09 - HANDGUN PERMIT REVIEW BOARD › Chapter 12.09.01 - General Regulations › Section 12.09.01.01 - 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) Applicant.
(a) "Applicant" means an individual who has submitted an application to the Secretary, or a designee, to obtain a handgun permit, whose application for a handgun permit was:
(i) Disapproved; or
(ii) Issued with restrictions.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 09 - HANDGUN PERMIT REVIEW BOARD › Chapter 12.09.01 - General Regulations › Section 12.09.01.02 - Board Membership

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board consists of five members appointed by the Governor, with the advice and consent of the Senate, for a term of 3 years according to requirements under Public Safety Article, §
									5-302, Annotated Code of Maryland.
B. The Governor shall designate a chairman from the five members of the Board.
C. The chairman shall designate a vice-chairman from the remaining members of the Board.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 09 - HANDGUN PERMIT REVIEW BOARD › Chapter 12.09.01 - General Regulations › Section 12.09.01.03 - Meetings of the Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall meet with sufficient frequency to ensure that the Board decides on a request for review and notifies the applicant of the Board's decision within 120 days of the Board's receipt of the request for review.
B. The Board shall meet at a location accessible to the public.
C. A majority of the Board shall designate the location, time, and date of the meeting.
D. The chairman shall notify Board members of the date and time of a meeting at least 10 days before the date of a scheduled meeting.
E. A quorum of at least three Board members shall be present to decide on a request for review.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 09 - HANDGUN PERMIT REVIEW BOARD › Chapter 12.09.01 - General Regulations › Section 12.09.01.04 - Request for Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant shall make a request for review to the Board:
(1) In writing; and
(2) Within 10 days of the date the applicant received the Secretary's decision on the applicant's handgun permit.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 09 - HANDGUN PERMIT REVIEW BOARD › Chapter 12.09.01 - General Regulations › Section 12.09.01.05 - Request for Review Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall conduct a request for review hearing according to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
B. The Board shall permit the applicant, or the applicant's attorney, if present:
(1) To present testimony or cross-examine witnesses;
(2) A reasonable time to:
(a) Present evidence;
(b) Offer rebuttal evidence; or
(c) File briefs or other statements or depositions containing relevant information.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 09 - HANDGUN PERMIT REVIEW BOARD › Chapter 12.09.01 - General Regulations › Section 12.09.01.06 - Written Decision of the Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. After the Board decides on a request for review, the Board shall issue a written decision that includes:
(1) Findings of fact; and
(2) Conclusions of law.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.02 - Processing and Reporting Employment Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Completion of the Application for Certification (AFC).
(1) An agency head shall complete an AFC for a correctional officer, classification counselor, institutional support staff, monitor, parole and probation agent, or Department of Juvenile Services employee to apply for certification to a mandated position.
(2) An agency head is responsible for:
(a) Accurately completing the AFC; and
(b) Submitting the AFC to the Commission.
(3) An agency head shall:
(a) Sign the AFC certifying that Commission selection standards have been met; and
(b) Include the date the individual completed the certification requirements.
(4) False or misrepresented information on the AFC is a basis for rejection or revocation of certification by the Commission and may be the basis for administrative or legal action.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.03 - Provisional Appointment

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission may grant a provisional appointment to a mandated employee after the individual meets the applicable selection standards under Regulation .04 or .08 of this chapter.
B. An individual may not:
(1) Perform the duties of a mandated position unless the individual has met the applicable selection standards under Regulation .04 or .08 of this chapter; or
(2) Be authorized to carry or use a firearm unless the individual has successfully completed firearms training and qualification requirements under COMAR 12.10.04.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.04 - Selection Standards for Appointment to a Mandated Position and Documentation Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Age. An applicant shall be 18 years old or older:
(1) On the date of provisional appointment; or
(2) To begin entrance-level training for a mandated position.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.05 - Background Investigation and Criminal History Record Checks

Current through Register Vol. 51, No. 14, July 12, 2024
A. Background Investigation.
(1) An agency head or agency authorized under §A(7) of this regulation shall perform a background investigation to determine if an applicant:
(a) Is of good moral character and reputation;
(b) Is emotionally stable;
(c) Displays the suitable behavior necessary to perform the duties of the mandated position; and
(d) Has, at any time, been a member of a criminal gang.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.06 - Certification of a Mandated Employee

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mandated Employee Certification Requirements. The Commission shall certify an individual for appointment to a mandated position after the individual:
(1) Meets selection standards established under Regulation .04 of this chapter;
(2) Successfully completes training for that position under Regulation .09 of this chapter; and
(3) Successfully completes a field training program under Regulation .23 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.07 - Recertification Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission may recertify an applicant in a mandated position if the applicant was previously certified in the same mandated position when:
(1) Hired by a second or successive correctional unit in the same mandated position within 3 years of termination from the previous correctional unit;
(2) The Commission receives a completed AFC for the individual; and
(3) The applicant meets applicable Commission-required:
(a) Recertification standards for the mandated position under Regulation .08 of this chapter; and
(b) Applicable training standards under §C or D of this regulation for the mandated position.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.08 - Standards for Recertification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for recertification to a mandated position who previously received a provisional certification in a mandated position by the Commission shall meet the standards under this regulation for the mandated position that the applicant is seeking recertification to before the applicant may perform duties of the mandated position.
B. Information Required for a Recertification Applicant. An agency head, or a designee, submitting an AFC for recertification under this regulation shall require that the following are performed for the applicant:
(1) A criminal history record check and fingerprinting under Regulation .05 of this chapter;
(2) A drug screening under Regulation .21 of this chapter;
(3) A check with the applicant's previous correctional unit to:
(a) Determine the reason for separation;
(b) Ensure that the applicant left in good standing; and
(c) Assess past work performance;
(4) An investigation for the applicant's prior use of controlled dangerous substances, narcotic drugs, and marijuana according to requirements under Regulation .22 of this chapter;
(5) The physical and mental health examinations required under Regulation .04 of this chapter; and
(6) The background investigation review and assurances, or full background investigation, as required under §E of this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.09 - Minimum Standards for Mandated Employee Entrance-Level Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for certification in a mandated position shall successfully complete the Commission-approved entrance-level training for the mandated position in which the individual is employed before the Commission may certify the individual in the mandated position.
B. General Requirements.
(1) The entrance-level training required by this regulation for a mandated position shall:
(a) Be approved by the Commission; and
(b) Include the mandated subject areas and minimum training hours under this regulation for a specific mandated position.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.10 - Commission Mandated Employee Entrance-Level Training Performance Objectives

Current through Register Vol. 51, No. 14, July 12, 2024
A. For the Commission to approve mandated employee entrance-level training, the entrance-level training shall include activities that ensure that an individual applying for certification in a mandated position has met performance objectives that:
(1) Are composed and sanctioned by the Commission; and
(2) Address tasks that are essential to the applicable mandated position regardless of the correctional unit employing the individual.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.11 - Successful Completion of Commission-Approved Mandated Employee Entrance-Level Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. The training director, or a designee, shall conduct testing to verify that each individual attending Commission-approved mandated employee entrance-level training has learned or can perform each of the Commission's performance objectives in each subject area required for the applicable mandated position.
B. A training director, or a designee, may use a single question or demonstration to test an individual for knowledge or performance of:
(1) A single Commission performance objective; or
(2) Multiple Commission performance objectives.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.12 - Alternate Entrance-Level Training Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual shall successfully complete Commission-approved entrance level training under §B of this regulation within 1 year of appointment if the individual is:
(1) Employed in a State, county, or municipal position that is not a mandated position under this chapter and performs duties and responsibilities similar to a mandated employee; or
(2) Under private contract to operate a:
(a) Community adult rehabilitation center;
(b) Prerelease unit;
(c) Work release unit; or
(d) Other community residential program for offenders.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.13 - Minimum Standards for Attending an Academy Providing Commission-Approved Mandated Employee Entrance-Level Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to Commission requirements for selection and attending an academy providing Commission-approved mandated employee entrance-level training, the individual may be required to meet standards established by the agency head.
B. Before an individual may attend Commission-approved mandated employee entrance-level training, the agency head, or a designee, shall:
(1) Have the individual complete the requirement for a medical examination under regulation .04 of this chapter that indicates that the individual is physically able to participate in the Commission-approved mandated employee entrance-level training;
(2) Conduct a criminal history record check of the National Crime Information Center (NCIC) files that meets selection requirements under Regulation .04 of this chapter;
(3) Provide the individual with a copy of the selection standards under Regulation .04 of this chapter; and
(4) Have the individual attending the training acknowledge in writing that the individual is aware that completion of the Commission-approved entrance-level training is not a guarantee of Commission certification in a mandated position.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.14 - Commission Certification Requirements for an Academy Providing Commission-Approved Mandated Employee Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Academy Certification.
(1) The Commission may certify an academy to conduct Commission-approved mandated employee training.
(2) The Commission may approve the following types of academy certification:
(a) Temporary certification that authorizes an academy to conduct Commission-approved mandated employee training under limited conditions;
(b) Provisional certification that provides an academy preliminary approval to conduct Commission-approved mandated employee training before receiving certification; or
(c) Certification authorizing an academy to conduct Commission-approved mandated employee training subject to continued compliance with Commission academy standards.
(3) The Commission shall establish standards required to be met for each type of academy certification provided 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 12.10.01 - General Regulations › Section 12.10.01.15 - Voluntary Attendance - Commission-Approved Mandated Employee Entrance-Level Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may voluntarily attend Commission-approved mandated employee entrance-level training if the individual meets the requirements under this regulation, and is not:
(1) Employed in a mandated position;
(2) Currently employed by a correctional unit and required to comply with requirements for a mandated position; or
(3) An applicant for a mandated position.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.16 - Mandated Employee In-Service Training and Firearms Training and Qualification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mandated Employee In-Service Training.
(1) An agency head shall ensure that a mandated employee at or below the rank of a first-line supervisor completes a minimum of 18 hours of Commission-approved mandated employee in-service training by December 31 of each calendar year.
(2) The Commission shall only accept successful completion of Commission-approved mandated employee in-service training toward a mandated employee's in-service training requirements.
(3) Commission-approved mandated employee in-service training may be conducted, according to Commission requirements, by the individual's agency or another agency.
(4) The Commission does not require a Commission-certified mandated employee to meet the in-service training requirement under this regulation during the same calendar year the mandated employee successfully completed Commission-approved entrance-level mandated employee training for the same mandated position.
(5) The Commission may apply a mandated employee's successful completion of Commission-approved supervisor, administrator, or instructor training toward a mandated employee's in-service training requirement for the calendar year in which the Commission-approved supervisor, administrator, or instructor training was completed.
(6) An agency head who receives a waiver of the Commission requirements for an employee to complete Commission-approved mandated employee entrance-level training under Regulation .19 of this chapter shall ensure that the mandated employee successfully completes Commission-approved mandated employee in-service training during the first full calendar year of employment and during each successive calendar year of employment in the mandated position with the correctional unit.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.17 - Failure to Complete Commission-Required Mandated Employee In-Service Training and Firearms Training and Qualification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mandated Employee In-Service Training.
(1) Except as provided under §A(2) of this regulation, if a mandated employee does not complete the 18 hours of in-service training by December 31 of a calendar year, the agency head or training director responsible for training the mandated employee shall add the number of hours of in-service training missed to the new calendar year's required 18 hours of in-service training.
(2) If a mandated employee is scheduled for certification renewal on July 1 of any year, but does not receive the entire 18 hours of mandated employee in-service training by December 31 of the previous calendar year, the agency head or training director responsible for training the mandated employee shall:
(a) Provide the employee, before the July 1 date on which the employee is scheduled for certification renewal, the Commission-approved mandated employee in-service training missed in the previous calendar year; and
(b) Provide the current year's requirement of 18 hours of Commission-approved mandated employee in-service training by December 31 of the current calendar year.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.18 - Minimum Training Standards - Mandated Employee Supervisors and Administrators

Current through Register Vol. 51, No. 14, July 12, 2024
A. General Requirements.
(1) Except for provisions under §A(2) of this regulation, the Commission requires a mandated employee promoted to a first-line, or higher, mandated employee supervisor position to successfully complete Commission-approved mandated employee supervisor training within 1 year of the date of the promotion.
(2) The Commission does not require a mandated employee to successfully complete Commission-approved mandated employee supervisor training if:
(a) The mandated employee successfully completed Commission-approved mandated employee supervisor training within the 2 years immediately preceding the date of the promotion from a position below that of a first line mandated employee supervisor to a first line, or higher, mandated employee supervisor position; or
(b) A mandated employee supervisor has successfully completed Commission-approved mandated employee supervisor training and the individual is promoted to a new mandated employee supervisor position that does not include administrator duties.
(3) Except for provisions under §A(4) of this regulation, the Commission requires a mandated employee promoted to a first-line, or higher, mandated employee administrator position to successfully complete Commission-approved mandated employee administrator training within 1 year of the date of the promotion.
(4) The Commission does not require a mandated employee to successfully complete Commission-approved mandated employee administrator training if:
(a) The mandated employee successfully completed Commission-approved mandated employee administrator training within the 2 years immediately preceding the date of the promotion; or
(b) A mandated employee administrator has successfully completed Commission-approved mandated employee administrator training and the individual is promoted to a new mandated employee administrator position.
(5) The Commission requires a mandated employee promoted to a first line, or higher, mandated employee administrator position from a position below that of a first line mandated employee supervisor who has not met the mandated employee supervisor or administrator training requirements under this regulation to successfully complete, within 1 year of the date of the promotion, Commission-approved mandated employee:
(a) Supervisor training; and
(b) Administrator training.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.19 - Procedures for Requesting a Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
A. Selection Standards.
(1) An agency head or training director may submit a written request for a waiver of mandated employee selection standards to the Deputy Director.
(2) The training director or agency head submitting the request for waiver of mandated employee selection standards shall include a completed AFC supporting the waiver request.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.20 - Disqualifying Criminal Convictions for Correctional Officers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A correctional officer applicant is not eligible for certification if the applicant has:
(1) A felony conviction for:
(a) Aggravated assault;
(b) Murder or manslaughter;
(c) Robbery;
(d) Arson;
(e) Kidnapping;
(f) A handgun or weapon-related violation;
(g) A first, second, or third degree sexual offense; or
(h) Two or more felonies not arising from the same incident;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.21 - Drug Screening Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Urine Sample Collection.
(1) An agency head conducting drug screening shall ensure that the process used by the correctional unit includes the minimum requirements under this section.
(2) The correctional unit representative collecting a urine sample from an individual applying for a mandated position required to submit a urine sample shall:
(a) Before collecting the sample, verify the identity of the individual providing the sample by examining a driver's license or other acceptable form of photographic identification;
(b) Before collecting the sample, obtain written consent from the individual authorizing:
(i) Collection and analysis of the sample; and
(ii) Disclosure of the sample analysis to the correctional unit and the Commission;
(c) Obtain the urine sample in a manner that reasonably prevents substitution, alteration, or tampering;
(d) Ensure that a minimum of 50 milliliters of urine is collected from the individual providing the sample;
(e) Ensure that:
(i) A urine sample is collected using a proper container that was sealed by the manufacturer when presented to the individual providing the sample; and
(ii) Once the container's seal is broken by the individual providing the sample and the urine sample is deposited in the container, the container is sealed by the individual supplying the urine sample;
(f) The container is sealed using tamper-proof tape that extends over and around the container;
(g) Once the sealed container is accepted from the individual supplying the urine sample, record on the container the:
(i) Name of the individual providing the urine sample;
(ii) Date the urine sample was taken; and
(iii) Name of the individual who received the sample from the individual providing the sample; and
(h) Ensure that the urine sample is secured and stored in a manner that preserves the chain of custody.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.22 - Prior Substance Abuse by Applicants for Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation:
(1) Except as provided under §A(2) of this regulation, applies to an applicant; and
(2) Does not apply to:
(a) An individual currently employed in a correctional unit and certified by the Commission as a mandated employee; or
(b) Except as provided under §B(1)(b) of this regulation, an addictions counselor.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 10 - CORRECTIONAL TRAINING COMMISSION › Chapter 12.10.01 - General Regulations › Section 12.10.01.23 - Field Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual shall complete field training before the Commission certifies the individual in a mandated position.
B. A correctional unit's field training for a mandated position:
(1) Shall be designed by the correctional unit and include activities to familiarize the individual with the:
(a) Duties of the mandated position; and
(b) Policies, procedures, and practices of the correctional unit;