reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.06 - Instructor Training and Certification › Section 12.04.06.14 - 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 .17B of this chapter for the individual's instructor classification;
(2) When the individual leaves employment with the law enforcement agency or academy certified under COMAR 12.04.01.10B, on behalf of which the training authority submitted the application for the individual's instructor certification; or
(3) If the training authority for the law enforcement agency or academy certified under COMAR 12.04.01.10B 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 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.06 - Instructor Training and Certification › Section 12.04.06.15 - 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 .17 of this chapter.
B. Except for a 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 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.06 - Instructor Training and Certification › Section 12.04.06.18 - 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 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter establishes minimum requirements and a process for Commission approval of a law enforcement agency's police auxiliary or reserve volunteer program for the purposes of the police auxiliary or reserve volunteer subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland.
B. This chapter details uniform record-keeping and reporting requirements for a law enforcement agency with a Commission-approved police auxiliary or reserve volunteer program for the purpose of the police auxiliary or reserve volunteer subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland.
C. This chapter establishes active status requirements for an individual participating in a law enforcement agency's Commission-approved police auxiliary or reserve volunteer program for the purpose of the police auxiliary or reserve volunteer subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland.
D. This chapter permits the continued application of previous law enforcement agency police auxiliary or reserve volunteer program participation for which the individual received the subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland, to meet cumulative participation requirements necessary to qualify as a police auxiliary or reserve volunteer.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.02 - 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) "Active status" means an individual's approved service that:
(a) Is provided in support of a law enforcement agency's Commission-approved police auxiliary or reserve volunteer program; and
(b) Totals a minimum of 144 hours of service provided in support of a law enforcement agency's Commission-approved police auxiliary or reserve volunteer program during a taxable year.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.03 - Minimum Requirements for Commission Approval of a Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. For the purpose of permitting an individual who participates in an agency's program to apply for the subtraction modification under Tax-General Article, §10-208, Annotated Code of Maryland, an agency's program is required to be approved by the Commission.
B. Commission approval of an agency's program, at a minimum, requires:
(1) The program to comply with the definition of a police auxiliary or reserve volunteer program in Regulation .02 of this chapter;
(2) The program to be incorporated in the agency's rules and regulations;
(3) The program to be supervised by a permanent agency employee;
(4) An individual to successfully complete a related orientation or training program before the agency may approve the individual to participate in the program;
(5) The agency to maintain a list of individuals approved to participate in the program;
(6) That an individual is not compensated, except reimbursement for nominal expenses and meals, for participation in the program; and
(7) The agency to maintain information concerning program approval and an individual's program participation necessary to support reporting requirements under Tax-General Article, §§10-208(l)(3) and (5), Annotated Code of Maryland, and Regulation .07 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.04 - Application for Commission Approval and Renewal of Approval of an Agency Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agency applying for Commission approval of a program for the purpose of the subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland, shall:
(1) Apply to the Commission using a form or in a format approved by the Commission;
(2) Submit the application to the Deputy Director; and
(3) Provide with the application:
(a) A copy of the agency's rules or regulations into which the program is incorporated; and
(b) Other information that the Commission or the Deputy Director may require.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.05 - Appeal to the Commission of Denial of Approval by the Deputy Director

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agency may appeal to the Commission a denial by the Deputy Director of an application for Commission approval or renewal of Commission approval of the agency's program.
B. An agency appealing a denial by the Deputy Director of an application for Commission approval or renewal of Commission approval of the agency's program shall:
(1) Submit the appeal in writing to the Executive Director of the Police and Correctional Training Commissions (Executive Director) in a format or on a form approved by the Commission; and
(2) Include in the written appeal, the basis for the agency's appeal of the denial by the Deputy Director.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.06 - Reporting Changes to a Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. An agency with a Commission-approved program shall report to the Deputy Director changes to the information submitted as part of the original application for Commission approval or the most recent application for renewal of Commission approval of the program.
B. The agency shall report changes under §A of this regulation within 30 days after the effective date of the changes.
C. The Deputy Director shall notify the Comptroller of changes reported under §B of this regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.07 - Required Police Auxiliary or Reserve Volunteer Program Record Keeping and Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. Minimum Record-Keeping Requirements.
(1) An agency that has a Commission-approved program, shall maintain records for each calendar year that includes information on each individual participating in the agency's Commission-approved program as required under Tax-General Article, §10-208(l)(3)(i), Annotated Code of Maryland.
(2) Information required to be maintained under §A(1) of this regulation shall, at a minimum, include:
(a) The individual's full name;
(b) The individual's Social Security Number;
(c) The total hours of service worked by the individual for the agency's Commission-approved program that itemizes service hours worked for each month; and
(d) Other information the Commission or the Comptroller may require.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.08 - Individual Eligibility to Apply for Income Tax Subtraction Modification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual is eligible to apply for the income tax subtraction modification established in Tax-General Article, §10-208(l)(1), Annotated Code of Maryland, if the individual meets requirements for:
(1) Prior service established in Tax-General Article, §10-208(l)(2)(iv), Annotated Code of Maryland; and
(2) The taxable year for which the individual is applying for the subtraction modification, by meeting requirements:
(a) Established in Tax"General Article §10-208(a) and (l)(2)(i)-(iii)1, Annotated Code of Maryland; and
(b) For active status as defined in Regulation .02 of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.09 - Commission Audit Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission may audit records related to an agency's Commission-approved program.
B. The purpose of a Commission audit is to ensure agency compliance with Commission requirements established under this chapter and authorized under Tax-General Article, §10-208(l), Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.10 - Revocation of Program Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Deputy Director may revoke Commission approval of an agency's program if the agency does not:
(1) Submit to the Commission information as required by Regulation .06 of this chapter;
(2) Maintain records or comply with reporting required by Regulation .07 this chapter;
(3) Continue to meet minimum requirements for Commission approval; or
(4) Comply with other provisions of this chapter.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.07 - Police Auxiliary and Reserve Volunteer Program › Section 12.04.07.11 - Appeal of Revocation of Commission Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Deputy Director revokes Commission approval of an agency's program under Regulation .10 of this chapter, the agency may appeal to the Commission for reinstatement of Commission approval of the agency's program.
B. An agency appealing revocation by the Deputy Director of Commission approval of the agency's program shall:
(1) Submit the appeal in writing to the Executive Director of the Police and Correctional Training Commissions (Executive Director) in a format or on a form approved by the Commission; and
(2) Include in the written appeal, the basis for the agency's appeal of the revocation by the Deputy Director.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.08 - Special Tactical Response › Section 12.04.08.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of this chapter is to establish minimum procedural and training requirements for members of a special tactical response team and a no-knock warrant service operation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.08 - Special Tactical Response › Section 12.04.08.02 - 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) Activate means to put police officers who are members of a special tactical response team or who are participating in a no-knock warrant service operation on notice of potential deployment for an unusually dangerous or potentially violent situation.
(2) After-action report means a document to be completed following activation and deployment of a special tactical response team or a no-knock warrant service operation that includes, at minimum, the type of deployment, persons deployed, the location deployed to, information about suspects, witnesses, victims, or others, a synopsis of the event, and a conclusion.
(3) Commission.
(a) Commission means the Police Training and Standards Commission or a representative authorized to act on behalf of the Commission.
(b) Commission includes all references to the Police Training Commission, now known as the Police Training and Standards Commission.
(4) Competencies means the capabilities of the team members to conduct special tactical responses based on tactical abilities, training, and resources.
(5) Deployment means that a team has taken a tactical approach to resolving a law enforcement matter that exceeds the duties of traditional police officers.
(6) Documented training means a permanent record of training that includes the:
(a) Curriculum;
(b) List of instructors;
(c) Record of attendance; and
(d) If administered, test and examination scores.
(7) Law enforcement agency has the meaning stated in Public Safety Article, §
										3-201, Annotated Code of Maryland.
(8) No-knock warrant service means a law enforcement warrant service operation in which a police officer does not announce the police officer's presence prior to obtaining entrance to a premises.
(9) Special tactical response means a planned, strategic, tactical response to resolve critical incidents that may exceed the capabilities of traditional law enforcement officers and investigative unit personnel
(10) Special Tactical Response Team.
(a) Special tactical response team means two or more police officers, who have been specially trained, and have the ability to execute strategic responses to resolve critical incidents that may exceed the capabilities of traditional law enforcement officers and investigative unit personnel.
(b) Special tactical response team may include, but is not limited to, a Special Weapons and Tactics (SWAT) Team as defined under Public Safety Article, §
											3-201(g), Annotated Code of Maryland
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.08 - Special Tactical Response › Section 12.04.08.03 - Special Tactical Response Team

Current through Register Vol. 51, No. 14, July 12, 2024
A. To increase the likelihood of safely resolving critical situations that may exceed the capabilities of traditional law enforcement officers and investigative units, a law enforcement agency seeking to establish a special tactical response team that may be activated and deployed shall:
(1) Develop written policies and procedures for special tactical responses that:
(a) Are designed to meet the law enforcement agency's operational needs;
(b) Are consistent with the requirements set forth in this regulation; and
(c) Address, at minimum the following policy topics:
(i) Types of missions requiring special tactical response;
(ii) Team organization and function;
(iii) Personnel selection and retention criteria;
(iv) Training requirements;
(v) Competencies;
(vi) Procedures for activation and deployment;
(vii) If applicable, multi-agency cooperation and response;
(viii) If applicable, criteria for response to other jurisdictions; and
(ix) Specialized tactical functions, as applicable;
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.08 - Special Tactical Response › Section 12.04.08.04 - Minimum Training Requirements for a Special Tactical Response

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initial Tactical Response Training Standards.
(1) Prior to initial deployment, each new team leader or member shall attend and successfully complete a Commission-approved course of study that includes:
(a) Philosophy of special tactical response operations;
(b) Tactical response theory and concepts;
(c) Overview of individual and team equipment;
(d) Operational planning;
(e) Overview of specialized tactical response functions;
(f) Command post operations;
(g) Individual and team movement;
(h) Basic entry and search techniques;
(i) Chemical agents and deployment;
(j) Less lethal munitions and deployment;
(k) Diversionary device usage;
(l) Crisis negotiation and de-escalation skills;
(m)  Individual and team firearms training;
(n) Purpose and intent of warrant service;
(o) Problem solving situations in a scenario-based learning environment; and
(p) Legal requirements.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.08 - Special Tactical Response › Section 12.04.08.05 - No-Knock Warrant Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. To increase the likelihood of safely resolving a high-risk warrant service operation, a law enforcement agency shall ensure that a police officer conducting no-knock warrant service:
(1) Successfully completes the minimum training requirements established in Regulation .06 of this chapter prior to service of a no-knock warrant; and
(2) Adheres to the law enforcement agency's internal policy and procedures.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.08 - Special Tactical Response › Section 12.04.08.06 - Minimum Training Standards for Police Officers Involved in a No-Knock Warrant Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prior to initial deployment in a no-knock warrant service operation a police officer shall successfully complete a Commission-approved no-knock warrant service course of study that includes:
(1) The purpose and intent of warrant service;
(2) Tactical response theory and concepts;
(3) Operational planning;
(4) Basic entry and search techniques;
(5) Crisis negotiation and de-escalation skills;
(6) Legal requirements;
(7) Problem solving situations in a scenario-based learning environment; and
(8) Multi-agency, mutual aid warrant services procedures.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.08 - Special Tactical Response › Section 12.04.08.07 - Deployment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prior to each deployment a special tactical response team or police officer involved in no-knock warrant service shall:
(1) Ensure compliance with all applicable training standards within this chapter;
(2) Conduct a documented threat and risk assessment to determine the appropriate response and resources necessary for the mission; and
(3) Develop a mission-specific operational plan and orders.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.09 - Police Accountability Boards and Administrative Charging Committees › Section 12.04.09.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter establishes a civilian process to receive and process allegations of police officer misconduct involving a member of the public, review administrative investigations, and make disciplinary recommendations involving misconduct.
B. The agency head of each law enforcement agency shall develop the agency's own procedures to process complaints of misconduct that do not involve a member of the public.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.09 - Police Accountability Boards and Administrative Charging Committees › Section 12.04.09.02 - 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) "ACC jurisdiction" means the governmental entities responsible under Public Safety Article, §
										3-104(a)  and (b), Annotated Code of Maryland, for establishing a jurisdictional ACC and appointing the jurisdiction's ACC members.
(2) "Administrative Charging Committee (ACC)" has the meaning stated in Public Safety Article, §
										3-104, Annotated Code of Maryland.
(3) "Agency head" has the meaning stated in COMAR, 12.04.01.01.
(4) "Agency review" means a thorough evaluation of the entire completed investigative file by the agency head.
(5) "Conflict of interest" means real or seeming incompatibility between an individual's private interests and the individual's official responsibilities in a position of trust.
(6) "Final disposition" means:
(a) The police officer accepts the ACC recommendation if the agency head does not increase the penalty;
(b) The police officer accepts the agency head's increased penalty disposition;
(c) The police officer accepts the trial board's finding; or
(d) The appeal process is exhausted.
(7) "Law enforcement agency" has the meaning stated in Public Safety Article, §
										3-201, Annotated Code of Maryland.
(8) "Local governing body" has the meaning stated in Public Safety Article, §
										14-401, Annotated Code of Maryland.
(9) "Police Accountability Board (PAB)" has the meaning stated in Public Safety Article §
										3-102, Annotated Code of Maryland.
(10) "Police officer" has the meaning stated in Public Safety Article, §
										3-201, Annotated Code of Maryland.
(11) "Uniform State Disciplinary Matrix" has the meaning stated in Public Safety Article, §
										3-105, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.09 - Police Accountability Boards and Administrative Charging Committees › Section 12.04.09.03 - Police Accountability Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. A PAB shall ensure public accountability and transparency over the powers exercised by law enforcement agencies.
B. A local governing body shall establish a PAB consistent with the provisions established in Public Safety Article, §
									3-102, Annotated Code of Maryland.
C. A local governing body shall determine the number of individuals necessary to administer the PAB.
D. PAB Membership Eligibility.
(1) A local governing body may impose eligibility criteria on PAB membership such as requiring that an applicant be:
(a) At least 21 years old;
(b) A legal resident or citizen of the United States of America; and
(c) A resident of the jurisdiction the PAB serves.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.09 - Police Accountability Boards and Administrative Charging Committees › Section 12.04.09.04 - State Administrative Charging Committee and Local Administrative Charging Committees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Consistent with provisions established in Public Safety Article, §
									3-104, Annotated Code of Maryland, an ACC jurisdiction shall:
(1) Have one ACC to serve law enforcement agencies within its ACC jurisdiction; and
(2) Develop written procedures for processing police officer misconduct complaints involving members of the public.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.09 - Police Accountability Boards and Administrative Charging Committees › Section 12.04.09.05 - ACC Meetings

Current through Register Vol. 51, No. 14, July 12, 2024
A. As a public body, an ACC is subject to and shall act in accordance with the requirements established in the Maryland Open Meetings Act.
B. An ACC shall establish a schedule for making determinations or asking for further review in all pending matters within 30 days of the date a law enforcement agency within its jurisdiction completes its investigation.
C. An ACC shall issue a determination for every initial filing of a complaint by a member of the public within 1 year and 1 day of the date the complaint was received by:
(1) A PAB, as established in Public Safety Article, §
										3-113(c), Annotated Code of Maryland; or
(2) A law enforcement agency.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.09 - Police Accountability Boards and Administrative Charging Committees › Section 12.04.09.06 - Law Enforcement Agency Investigation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaints Eligible for Mediation.
(1) Complaints from the public that meet the eligibility requirements for the mediation process established by regulation pursuant to Public Safety Article, §
										3-207(d), Annotated Code of Maryland, may, subject to the agreement of the complainant, be handled outside of the formal PAB and ACC complaint process.
(2) Complaints from the public handled through mediation shall be:
(a) Tracked with other citizen complaints; and
(b) Reported to the PAB.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.09 - Police Accountability Boards and Administrative Charging Committees › Section 12.04.09.07 - ACC Deliberation and Determination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Deliberation.
(1) When reviewing an investigative file responsive to a complaint of alleged police officer misconduct, an ACC shall:
(a) Conform to the procedures established in Public Safety Article, §
											3-104(e), Annotated Code of Maryland; and
(b) If applicable, read and consider an agency head's written recommendation before making a determination, and note the ACC's consideration in the ACC's written recommendation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.10 - Uniform State Disciplinary Matrix › Section 12.04.10.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose of the Uniform State Disciplinary Matrix is for law enforcement agencies to apply disciplinary standards in a fair, equitable and consistent manner Statewide.
B. This chapter establishes the Uniform State Disciplinary Matrix required for all matters that may result in discipline of a police officer.
C. A law enforcement agency shall adopt the Uniform State Disciplinary Matrix in accordance with Public Safety Article, 3-105, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.10 - Uniform State Disciplinary Matrix › Section 12.04.10.02 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to protect the collective integrity of a law enforcement agency, all matters that may result in discipline shall be imposed pursuant to the Uniform State Disciplinary Matrix as responsive measures to a police officer's sustained violation of a law enforcement agency's policy.
B. Imposition of Discipline.
(1) Generally, each sustained violation of police officer misconduct shall be considered separately for the purpose of recommending and imposing discipline.
(2) When multiple sustained violations arise from the same conduct or incident, as applicable, an agency head or Administrative Charging Committee (ACC), may decide that the most effective way to determine the appropriate level of discipline in the case is to consolidate sustained violations into one form of discipline.
(3) Discipline imposed for first or subsequent sustained misconduct violations may follow a progressive course for repeat or increasingly serious violations.
(4) The Uniform State Disciplinary Matrix and the imposition of discipline may not be based on a police officer's race, religion, gender expression, gender identity, sex assigned at birth, sexual orientation, national origin, age, ethnicity, or familial relationship.
(5) The imposition of discipline shall not be influenced by the high or low profile nature of the police misconduct.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.10 - Uniform State Disciplinary Matrix › Section 12.04.10.04 - Uniform State Disciplinary Matrix

Current through Register Vol. 51, No. 14, July 12, 2024
A. Violation Levels.
(1) Level One. The first level of violation category indicates a first sustained occurrence of a police officer's misconduct.
(2) Level Two. The second level of a violation category indicates a second sustained occurrence of a police officer's misconduct within the time periods specified in §D of this regulation and during which a sustained level one violation was committed.
(3) Level Three. The third level of a police misconduct violation category indicates a third sustained occurrence of a police officer's misconduct within the time periods specified in §D of this regulation and during which a sustained level one and level two violation was committed.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.10 - Uniform State Disciplinary Matrix › Section 12.04.10.05 - Process for Determining Discipline and Imposing Administrative Charges

Current through Register Vol. 51, No. 14, July 12, 2024
A. Following a complaint of police officer misconduct the law enforcement agency conducting the investigation shall:
(1) Investigate the police officer's actions to determine if the action was a violation of law, regulation, the law enforcement agency's policy, or other form of police misconduct; and
(2) Include the information in the investigative file.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.11 - Police Complaint Mediation Program › Section 12.04.11.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter establishes a police complaint mediation program which provides an alternative method to address minor, nonviolent police misconduct complaints outside of the standard complaint process.
B. A law enforcement agency may refer a nonviolent complaint made against a police officer, subject to the agreement of the complainant and the involved police officer, to an independent mediation provider.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.11 - Police Complaint Mediation Program › Section 12.04.11.02 - General Provisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Mediation is a process for settling minor police misconduct disputes based on the voluntary participation of the disputing parties.
B. If eligible, voluntary mediation between community members and police officers may be used in place of the traditional administrative complaint process and administrative charging committees (ACC).
C. The mediation process can bridge the communication gap and create a greater understanding and appreciation between community members, police officers, and employing law enforcement agencies.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.11 - Police Complaint Mediation Program › Section 12.04.11.03 - 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) "Confidential material" means any communication occurring during a mediation session that may not be disclosed outside the mediation except as allowed pursuant to Courts and Judicial Proceedings Article, §
										3-1804, Annotated Code of Maryland.
(2) "Impasse" means an outcome of a mediation session in which the parties are unable to resolve the dispute.
(3) "Independent mediation provider" means an organization, separate and apart from a law enforcement agency, that can provide mediators to conduct mediation sessions between complainants and law enforcement personnel.
(4) "Letter of conclusion" means a document signed by staff of the independent mediation provider that is delivered to a law enforcement agency indicating that a mediation session was held between a complainant and police officer.
(5) "Letter of consent to mediate" means a document signed by the parties in mediation indicating each party's voluntarily participation in mediation, and witnessed by the mediator.
(6) "Mediation" has the meaning stated in COMAR 12.04.10.03B.
(7) "Mediator" means a trained, impartial third party, affiliated with an independent mediation provider, who will facilitate a mediation session between parties to assist them in reaching a voluntary resolution to their dispute.
(8) "Police misconduct" has the meaning stated in Public Safety Article, §
										3-101, Annotated Code of Maryland.
(9) "Resolution" means a mutual agreement resolving a conflict between two or more disputing parties.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.11 - Police Complaint Mediation Program › Section 12.04.11.04 - Establishing a Police Complaint Mediation Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Maryland Police Training and Standards Commission (MPTSC) in collaboration with community-based mediation resources shall establish and maintain a listing of qualified mediation providers located within the State.
B. A law enforcement agency interested in establishing a mediation program shall contact MPTSC for referral to an appropriate mediation provider.
C. Prior to establishing a mediation process, a law enforcement agency shall enter into a memorandum of understanding (MOU) with a local independent mediation provider approved by MPTSC.
D. A local law enforcement agency shall establish guidelines for mediation consistent with this regulation and any policy guidelines provided by MPTSC.
E. A law enforcement agency that enters into an MOU with a qualified mediation provider shall report the establishment of a program to MPTSC and forward a copy to ensure the program meets the requirements of the regulation.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.11 - Police Complaint Mediation Program › Section 12.04.11.05 - Mediation Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Participant Requirements.
(1) Participation in a mediation program is voluntary and shall be agreed upon by the complainant, law enforcement agency, and police officer identified in the complaint.
(2) A complainant or police officer who is the subject of a complaint of police misconduct has the right to decline mediation.
(3) If a police officer who is the subject of a complaint declines the offer to mediate the complaint, the decision to not participate may not be considered during any disciplinary proceeding.
(4) A party to mediation shall sign a letter of consent to mediate as an alternative to the formal police misconduct complaint process, outlined in COMAR 12.04.09 and the uniform citizen complaint process.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.11 - Police Complaint Mediation Program › Section 12.04.11.06 - Complaints Eligible for Mediation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Complaint Eligibility.
(1) A nonviolent complaint of a minor nature is eligible for mediation if it falls into one of the following categories:
(a) Violation category A, as stated in COMAR 12.04.10.04D(2); or
(b) Violation category B, as stated in COMAR 12.04.10.04D(3).
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.11 - Police Complaint Mediation Program › Section 12.04.11.07 - Complaint Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a minor complaint from a member of the public has been made to a law enforcement agency or police accountability board, a law enforcement agency shall review the nature of the complaint and determine if it is eligible for the mediation program.
B. Notification to Involved Parties.
(1) If the complaint is eligible and conforms to Regulation .06 of this chapter, the law enforcement agency shall notify the police officer who is the subject of the complaint of the mediation option.
(2) If the police officer agrees to mediation, the law enforcement agency shall notify the complainant of the mediation option.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 04 - POLICE TRAINING AND STANDARDS COMMISSION › Chapter 12.04.11 - Police Complaint Mediation Program › Section 12.04.11.08 - Resolution

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the mediation process has concluded, the outcome shall be determined by the independent mediation provider to be:
(1) A successful resolution if all parties agree with the resolution; or
(2) An impasse if one or more parties to the complaint cannot agree to a satisfactory resolution.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.01 - Filing Claims

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to all other statutory requisites, claims shall be filed on official forms with the Sundry Claims Board, Department of Public Safety and Correctional Services, 6776 Reisterstown Road, Suite 310, Baltimore, Maryland 21215-2341, in person or by mail.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.02 - Investigations

Current through Register Vol. 51, No. 14, July 12, 2024
The Board may not be bound by common law or statutory rules of evidence or by any technical or formal rules or procedure, other than as provided in these regulations, but may make investigations on those occasions and in a manner calculated to ascertain the substantial rights of the parties and to carry out Correctional Services Article, Title 10, Subtitle 3, Annotated Code of Maryland.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.03 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
If a hearing is held, the claimant, his or her attorney, and all material and necessary parties, shall be notified in writing of the time, place, and purpose of the hearing. The notice shall be mailed not less than 10 days before the date of hearing, unless waived by the claimant. In the discretion of the Board, any issue may be considered and determined if the administration of the Act will be substantially served.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.04 - Conduct of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The claimant shall be present at the hearing and shall be allowed to present testimony or cross-examine witnesses in person or by counsel.
B. The claimant shall have the burden of proof. The parties or their representatives shall be allowed a reasonable time for presentation or oral argument, or for the filing of briefs or other statements or depositions as to the facts or the law.
C. The Board may receive as evidence any statement, document, information, or matter that it finds in its discretion is relevant and of such a nature as to afford the parties a fair hearing. The Board also may accept hospital records and reports and physician's reports as proof of the injury sustained without requiring the presence of the attending physician at the hearing. However, the Board or the claimant may request the presence of any examining physician to be present at the hearing.
D. The Board may direct medical examination of the claimant by a physician designated for this purpose. The claimant shall present himself to the physician named at the time and place designated. A representative of the claimant or any other interested party may not be present at the examination. A written report of the examination shall be filed by the examining physician with the Board and a copy mailed to the claimant or his attorney. The physician's fee shall be paid by the Board.
E. All hearings shall be conducted in an orderly manner in order to ascertain the substantial rights of the parties. All witnesses shall testify under oath (or by affirmation) and a record of the proceedings shall be transcribed. The Board may examine the claimant and all witnesses.
F. Hearings may be adjourned on motion of the Board or upon timely request of any interested party. The failure of the claimant to appear at the time of the hearing, in the discretion of the Board, upon good cause shown, may be excused and a new hearing scheduled. Otherwise, claim may be denied altogether by the Board.
G. Hearings generally shall be open to the public.
H. Before the decision by the Board, on application of the claimant or his attorney (submitted in affidavit form) or upon motion of the board member, the case may be reopened for further investigation or further testimony. The Board, on its own motion, may reinvestigate or reopen cases at any time, as the Board deems necessary.
I. Hearings shall be held at the State Office Building or any other place designated by the Board.
Code of Maryland Regulations › Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES › Subtitle 05 - SUNDRY CLAIMS BOARD › Chapter 12.05.01 - Procedural Regulations › Section 12.05.01.05 - Representation of Claimant

Current through Register Vol. 51, No. 14, July 12, 2024
A. Claimants have the right to be represented before the Board at all stages of the proceeding by an attorney at law duly licensed to practice in the State.
B. The attorney shall file a notice of appearance and, when appropriate, a notice of substitution, before or at his first appearance.
C. If any party designates an attorney at law to represent him and the attorney has executed and filed with the Board a notice of appearance in the matter, in substantially the form annexed here, the notice shall remain in effect until:
(1) The party represented files with the Board a written revocation of the attorney's authority;
(2) The attorney files with the Board a written statement of his withdrawal from the case;
(3) The attorney states on the record at a Board hearing that he is withdrawing from the case; or
(4) The Board receives notice of the attorney's death or disqualification.