COMAR Title 12 — DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

12.01.01 General Regulations

COMAR 12.01.01.01 Purpose.

These regulations establish procedures for the operation of the Criminal Injuries Compensation Board, which provides financial assistance to innocent victims of violent crime or their dependents who suffer a financial loss as a result of a crime.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Board”, which includes board member, has the meaning stated in Criminal Procedure Article, §11-801, Annotated Code of Maryland.

(2) Claimant.

(a) “Claimant” has the meaning stated in Criminal Procedure Article, §11-801, Annotated Code of Maryland.

(b) “Claimant” may be:

(i) A victim;

(ii) A dependent as defined under Criminal Procedure Article, §11-801, Annotated Code of Maryland;

(iii) An eligible person under Criminal Procedure Article, §11-808, Annotated Code of Maryland;

(iv) An individual, other than an attorney licensed to practice law in Maryland, representing a victim, dependent, or eligible person;

(v) A guardian of a minor; or

(vi) An attorney acting in the capacity as a fiduciary, guardian, guardian ad litem,or personal representative of a decedent.

(3) “Crime” has the meaning stated in Criminal Procedure Article, §11-801, Annotated Code of Maryland.

(4) “Emergency award” means an advance payment granted by the Board to address immediate hardships experienced as a result of the crime for which a claim has been filed.

(5) “Fiduciary” has the meaning stated in Estates and Trusts Article, §15-102, Annotated Code of Maryland.

(6) “Secretary” means the Secretary of Public Safety and Correctional Services.

(7) “Victim” has the meaning stated in Criminal Procedure Article, §11-801, Annotated Code of Maryland.

Cross References

12.02.06.01B(15)

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.03 Composition of the Board.

A. The Board consists of five members appointed by the Secretary, with the approval of the Governor, and with the advice and consent of the Senate.

B. The Secretary, with the approval of the Governor, shall designate one member of the Board as chairman to serve at the pleasure of the Secretary.

C. One of the Board members required under §A of this regulation shall be a family member of a homicide victim.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.04 Claims.

A. Filing a Claim.

(1) If the claimant chooses to be represented by an attorney, the claimant's attorney shall follow procedures under Regulation .10 of this chapter.

(2) The claimant shall file a claim:

(a) In person or by regular mail;

(b) On a form or in a format approved by the Board; and

(3) A claim may be filed by:

(a) A person eligible to receive an award under Criminal Procedure Article, §11-808, Annotated Code of Maryland;

(b) If the eligible person under §A(3)(a) of this regulation is younger than 18 years old, the eligible person's parent or guardian; or

(c) If the eligible person under §A(3)(a) of this regulation is mentally incompetent or physically unable to file the claim, the eligible person's guardian or other individual authorized to administer the eligible person's affairs.

(4) Except as stated in §A(4)(b) of this regulation, a claimant shall file a claim:

(a) Within 3 years of the date of the crime upon which the claim is based; or

(b) In the case of child abuse:

(i) Up to the date that the child who was the subject of the abuse is 25 years old; or

(ii) At any time after the occurrence of the child abuse, if, after considering the claim, the Board determines that good cause existed justifying not filing a claim before the child who was subject to the abuse is 25 years old.

B. Examining a Claim.

(1) Upon receipt of a claim application, the Board shall assign an examiner to verify the eligibility of the claim by reviewing:

(a) The victim’s or claimant’s statement:

(b) Reports made to a law enforcement agency or other appropriate authority;

(d) Medical reports, if warranted by the examination;

(e) Medical bills;

(f) Funeral expenses;

(g) Employment verification;

(h) State or federal tax returns; and

(i) Documentation regarding receipt of benefits from other sources.

(2) If the claimant does not cooperate in an examination under §B(1) of this regulation or provide information requested by the Board, the Board may deny the claim.

(3) At the request of a claimant the Board may re-open a claim previously denied under §B(2) of this regulation based on good cause.

(4) If an issue of fact still exists after an examination is complete, the examiner shall:

(a) Prepare a written memorandum summarizing the information obtained during the examination; and

(b) Forward the memorandum to the designated supervisor.

(5) A supervisor receiving a memorandum under §B(4)(b) of this regulation shall:

(a) Ensure that the information in the memorandum is adequate for the Board to make a decision;

(b) Ensure that the information in the memorandum is correct;

(d) If requested by the claimant, forward a copy of the memorandum to the claimant.

(6) Upon receipt of a claim under §B(5)(c) of this regulation, the Board shall:

(a) Coordinate subsequent processing activity;

(b) Make recommendations on further examination;

(i) Delineates the decision;

(ii) Summarizes the rationale used to reach the decision;

(iii) Indicates that a response to a decision shall be received by the Board within 15 days of receipt of the report by the claimant, or the claimant's attorney; and

(iv) Provides information required under State Government Article, §§10-207 and 10-208, Annotated Code of Maryland, concerning a lack of response, challenges to the decision, or additional information requested; and

(d) Send a copy of the report to the claimant at the address contained in the claim application.

(7) If the decision is challenged by the claimant the Board shall conduct a hearing.

(8) If a hearing is requested, the Board shall arrange for the hearing.

(9) After the Board has made a decision, the Board shall forward the decision to the Secretary, or a designee, who shall:

(a) Do one of the following:

(i) Affirm the Board's decision;

(ii) Order modification to the Board's decision; or

(iii) Reverse the Board’s decision; and

(b) Advise the Board of the final disposition.

(10) Upon receipt of the Secretary’s decision under §B(9) of this regulation, the Board shall advise the claimant, in writing:

(a) Of the final decision;

(b) Of the right to judicial review of the final decision under §B(10)(a) of this regulation to the circuit court, under State Government Article, §§10-222 and 10-223, Annotated Code of Maryland;

(c) That a request for judicial review under §B(10)(b) of this regulation shall be initiated within 30 days of the final decision; and

(d) How to request judicial review under §B(10)(b) of this regulation, providing:

(i) Instructions; and

(ii) The appropriate form.

(11) The Secretary's or a designee's decision under §B(9) of this regulation is final as prescribed under Criminal Procedure Article, §11-814, Annotated Code of Maryland.

Cross References

12.01.01.06D(2)

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.05 Show Cause Order and Administrative Closing of a Claim.

A. If a claimant does not provide information requested by the Board by the date established by the Board, the Board may:

(1) Issue a show cause order of dismissal that is signed by:

(a) At least one member of the Board; and

(b) The Executive Director; and

(2) Mail a copy of the show cause order to the claimant at the address contained in the claim application.

B. The show cause order of dismissal shall indicate a date by which the claimant shall provide:

(1) The information requested; or

(2) Evidence supporting good cause why the requested information is not provided.

C. If the claimant does not respond to the show cause order under §B of this regulation, the Board may administratively close the claim.

D. If the requested information is received by the Board after the date specified in the show cause order, the Board may reopen the claim if the Board determines that the claimant has shown good cause for the delay in providing the information.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.06 Awards.

A. The Board shall grant awards under Criminal Procedure Article, §11-810, Annotated Code of Maryland.

B. The Board shall determine the amount and duration of an award subject to procedures and limitations under Criminal Procedure Article, §§11-811 and 11-812, Annotated Code of Maryland.

C. Emergency Awards.

(1) The Board may grant an emergency award before a final decision is made if the Board determines that:

(a) An award in the case is likely to be made; and

(b) The claimant is likely to suffer undue hardship unless immediate payment is made.

(2) For the Board to consider an emergency award, the claimant shall:

(a) Make a request for an emergency award at the time the claim is filed or anytime thereafter;

(b) Provide details supporting the reason for the request for an emergency award; and

(3) If the Board grants a request for an emergency award, the amount of the emergency award:

(a) May not exceed $2,000 per claim; and

(b) Shall be deducted from the final award made for the same claim.

(4) If the amount of the emergency award granted under §C(1) of this regulation exceeds the amount of the final award for the same claim, the claimant shall repay the Board an amount determined by the Board, subject to Criminal Procedure Article, §11-813, Annotated Code of Maryland.

(5) The Board may require that all or part of an emergency award be paid to a third party, including, but not limited to, a service provider, protective payee, or trustee.

D. Supplemental Awards.

(1) After the Board grants a final award, the claimant may request that the Board reopen the claim to consider additional compensation for unreimbursed losses directly related to the same crime.

(2) The process for granting a supplemental award is the same as that established for filing a claim under Regulation .04 of this chapter.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.07 Protracted Claims.

A. An award made for disability or dependency may be paid over a protracted period on a monthly basis.

B. Except as provided under Criminal Procedure Article, §11-811(a)(3), Annotated Code of Maryland, an award for disability or dependency is based upon a victim’s average weekly wage, excluding overtime wages, at the time of the crime, and the Board shall calculate the award based on the following:

(1) Multiply the maximum weekly payment by 52 and divide the result by 12; and

(2) Subtract from the amount determined under §B(1) of this regulation the amount of benefits received from other sources for injuries resulting from the crime on which the claim is based, disregarding subtractions based on increases:

(a) In the victim’s other sources of income received or to be received under Criminal Procedure Article, §11-811(c), Annotated Code of Maryland;

(b) In other benefits; or

C. The amount of an award may not exceed limits for awards established under this chapter or by law.

D. Partial Payment.

(1) A claimant may request a partial payment from a protracted award if the payment is needed for the living or business needs of the claimant.

(2) A claimant requesting a partial payment shall:

(a) Make the request in writing to the Board; and

(b) Provide the reason for and evidence to support the claimant's need for a partial payment.

(3) The Board shall:

(a) Determine the amount of a partial payment; and

(b) Deduct the amount of the partial payment from the balance of any remaining payment.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.08 Hearing Procedures.

A. Request for Hearing.

(1) The Board may schedule a hearing if:

(a) The Board is unable to arrive at a decision based on the examination and memorandum; or

(b) There is a dispute of a fact uncovered in the Board’s examination.

(2) The claimant may request a hearing if dissatisfied with the Board’s proposed findings of fact, conclusions of law, or orders. The claimant shall:

(a) Initiate the request for a hearing within 15 days of receiving the written notice of the Board's decision;

(b) Make the request for a hearing in writing; and

B. Notice of Hearing.

(1) If the Board schedules a hearing, the Board shall:

(a) Notify, in writing, all persons involved in the claim of the decision to conduct a hearing;

(b) Include in the notification the time, place, and purpose of the hearing; and

(c) Make notification to the claimant by U.S. mail not less than 30 days before the date of the hearing, unless the notice is waived by the claimant.

(2) Notice shall be in accordance with State Government Article, §10-218 Annotated Code of Maryland.

C. Conduct of Hearings.

(1) Hearings are conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2) A claimant has the burden of proof and shall be:

(a) Present at the hearing, unless the Board, based on good cause, approves alternative arrangements; and

(b) Provided with a reasonable opportunity to:

(i) Present witnesses;

(ii) Testify;

(iii) Cross-examine witnesses;

(iv) File briefs; or

(v) Obtain statements or depositions.

(3) Testimony relating to wages, income, other sources of revenue, and dependency shall be corroborated by supporting documents which may include:

(a) W-2 forms;

(b) Income tax returns;

(d) Other evidence considered relevant by the Board.

(4) The Board may accept hospital records and reports and physicians' reports as proof of the injury sustained without requiring the presence of the attending physician at the hearing.

(5) The Board may receive as evidence a statement, document, information, or matter that it finds relevant and which affords the parties a fair hearing.

(6) A hearing shall be conducted in an orderly manner to safeguard the rights of the parties.

(7) A person testifying:

(a) Shall testify under oath or by affirmation; and

(b) Is subject to penalties for perjury.

(8) The Board shall record the proceedings.

(9) The Board may question the claimant and witnesses.

(10) If a claimant fails to appear at the time and place of the scheduled hearing, the Board may:

(a) Dismiss the claim; or

(b) Reschedule the hearing.

(11) Hearings are open to the public except in the following instances:

(a) Prosecution against the alleged perpetrator of the crime is pending and no trial has been held;

(b) The welfare and interest of the victim or dependents may be adversely affected in violation of the right to be treated with dignity, respect, and sensitivity;

(c) Prosecution has resulted in an acquittal or a dismissal of the underlying criminal charges based on technical grounds; or

(d) Upon written request by the claimant submitted at least 5 days before the scheduled hearing.

(12) The Board may request further examination of the claim before making a decision.

(13) At the request of a claimant the Board may re-open a claim previously dismissed under §C(10)(a) of this regulation based on good cause.

D. Subpoenas and Depositions.

(1) The Board may issue a subpoena and a subpoena duces tecum on its own motion or upon written request from the claimant.

(2) A request by the claimant shall be submitted not later than 20 days before the hearing and shall include:

(a) A statement explaining the necessity for the subpoena;

(b) The names and addresses of witnesses; and

(3) The Board may waive the 20-day provision in §D(2) of this regulation.

(4) If a claimant requests the subpoena, the cost of service, witness, and mileage, at the Board’s discretion, is the responsibility of the claimant.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.09 Judicial Review.

A. If a claimant initiates judicial review under Criminal Procedure Article, §11-815, Annotated Code of Maryland, the Board shall furnish a transcript of the Board’s proceedings to the:

(1) Court;

(2) Attorney General; and

(3) Claimant at, except if otherwise provided, the claimant’s expense.

B. An appeal from the Board is governed by State Government Article, Title 10, Annotated Code of Maryland.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.10 Representation by Attorney.

A. A claimant may elect to be represented before the Board at all stages of the proceeding by an attorney licensed to practice in Maryland.

B. A claimant's attorney shall file a notice of appearance and, when appropriate, a notice of substitution, before, or at, the attorney's first appearance.

C. The notice in §B of this regulation remains in effect until the:

(1) Claimant files, with the Board, a written revocation of the attorney's authority to represent the claimant;

(2) Claimant's attorney files, with the Board, a written statement withdrawing from the case;

(3) Attorney states on the record at a Board hearing the attorney's decision to withdraw from the case; or

(4) Board receives notice of the attorney's death or disqualification; and.

(5) Board accepts the circumstances and approves the action.

D. Once a claimant’s attorney files a notice of appearance with the Board, the Board shall send all further communication concerning the claim to the attorney of record and consider service of official documents on the attorney of record as service on the claimant.

E. Attorney Fees.

(1) The Board shall provide a fee petition form to the attorney of record along with a copy of the decision.

(2) The attorney shall itemize on the fee petition form the services provided and the time allocated for each.

(3) The hourly rate for an attorney’s services:

(a) Other than for attending a hearing, may not exceed $50; or

(b) For attending a hearing, may not exceed $65.

(4) The claimant shall sign the attorney's completed fee petition form.

(5) The Board has the final approval of an attorney's fees.

(6) Attorney's Costs.

(a) In addition to fees for the professional services of an attorney, the Board shall approve reimbursement for certain expenses incurred by the attorney which are above normal business expenses.

(b) The Board considers an attorney's normal business expenses to be:

(i) Regular postage;

(ii) Non-toll telephone calls;

(iii) Secretarial services; and

(iv) Travel to attend a hearing, when the attorney's place of business is less than 20 miles from the location of the hearing.

(c) The Board shall consider costs for investigative services which may be reimbursed at a rate not to exceed $25 per hour.

(7) Notwithstanding other provisions, the Board may compensate an attorney for the total sum of attorney fees and expenses, an amount that does not exceed the total of 20 percent of the first $10,000 of an award, and 10 percent of the amount over $10,000.

(8) The calculations used in §E(7) of this regulation may not include parts of an award made for medical or funeral expenses.

(9) The Board may not authorize attorney fees or costs for claims when no monetary award is granted.

(10) The Board is not obligated to honor an agreement made independently between an attorney and a claimant to pay the attorney out of the claimant's award.

Cross References

12.01.01.04A(1)

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.11 Medical Examination.

A. The Board, at the Board’s expense, may require a medical or dental examination to verify the results of the claimant’s medical documentation.

B. The Board shall:

(1) Designate a physician to conduct the examination; and

(2) Notify the claimant, or the claimant's attorney, of the:

(a) Physician selected to conduct the examination; and

(b) Date, time, and location for the examination.

C. The physician shall:

(1) Conduct the examination as requested; and

(2) Submit a written report of the results of the examination to the Board.

D. Unless good cause is demonstrated, the Board may deny compensation to a claimant who does not submit to the required medical or dental examination.

E. The Board shall provide the claimant, or the claimant's attorney, with a copy of the physician's report.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

COMAR 12.01.01.12 Records.

A. Other than for a claimant, review of the Board’s records is subject to the limitations of disclosures under the Public Information Act in General Provisions Article, Title 4, Annotated Code of Maryland.

B. In any claim regarding a child, the Board shall:

(1) Securely maintain documents that contain the name or other information concerning a child or an individual incompetent by reason of mental incapacity to prevent disclosure of or access to the documents by an individual who is not authorized to have that information; and

(2) Disclose documents regarding children or individuals incompetent by reason of mental incapacity or information about them to persons who, by reason of participation in the proceeding, have reason to know such information.

C. When submitting a record to a circuit court for judicial review, the Board shall submit parts of the record that are not open to public inspection under seal.

D. Other than the last four digits, the Board may not disclose the following numbers, for public inspection:

(1) A Social Security number;

(2) An identification number issued by a unit of government, including:

(a) A driver’s license number;

(b) A State identification card number; or

(3) A passport number or other identification number issued by the United States government;

(4) An individual taxpayer identification number; and

(5) A financial or other account number, a credit card number, or a debit card number that, in combination with any required security code, access code, or password, would permit access to an individual’s account.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .15C amended effective November 21, 1983 (10:23 Md. R. 2064)
Administrative History: Annotation: COMAR 12.01.01.06B cited in Attorney General Opinion No. 83-023 (June 1, 1983)
Administrative History: ——————
Administrative History: Regulations .01—.24 repealed and new Regulations .01—.13 adopted effective July 8, 1991 (18:13 Md. R. 1483)
Administrative History: Regulations .03—.13 amended effective July 1, 1996 (23:13 Md. R. 945)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2007 (33:26 Md. R. 1997)
Administrative History: Regulations .02—.11 amended effective June 6, 2016 (43:11 Md. R. 634)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective June 6, 2016 (43:11 Md. R. 634)
Authority: Criminal Procedure Article, §11-805, Annotated Code of Maryland

12.02 DIVISION OF CORRECTION

12.02.01 General

COMAR 12.02.01.01 Overview.

A. As it presently exists, the Maryland Division of Correction was established effective July 1, 1970. By Chapter 401, Acts of 1970, all State adult correctional facilities and related responsibilities were assigned to the Department of Public Safety and Correctional Services. The Department of Correctional Services was retitled the Division of Correction and reestablished as an agency under the Department of Public Safety and Correctional Services.

B. As an agency of the Department, the Division of Correction has central administrative control over the adult correctional facilities of the State.

C. The Commissioner of Correction is appointed by the Secretary of Public Safety and Correctional Services with the approval of the Governor, by and with the consent and advice of the Senate, in accordance with Correctional Services Article, §3-202, Annotated Code of Maryland.

D. The Commissioner of Correction is in sole and active charge of the Division of Correction, subject to the authority of the Secretary of Public Safety and Correctional Services and the Governor of Maryland.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation adopted effective July 28, 1978 (5:15 Md. R. 1190)
Administrative History: Chapter, Minimum Jail Standards, repealed effective April 26, 1982
Administrative History: (9:8 Md. R. 822)
Administrative History: ——————
Administrative History: Regulations .01 and .02 under new chapter, General, adopted effective
Administrative History: April 12, 1993 (20:7 Md. R. 642)
Authority: Correctional Services Article, §3-205, Annotated Code of Maryland

COMAR 12.02.01.02 Mission.

The mission of the Division of Correction is to protect the people of Maryland from repeated criminal activities of offenders sentenced to the Division's jurisdiction. This mission is attained by the secure confinement of offenders and their successful reintegration into the community through programs of remediation, treatment, training, education, and work release.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation adopted effective July 28, 1978 (5:15 Md. R. 1190)
Administrative History: Chapter, Minimum Jail Standards, repealed effective April 26, 1982
Administrative History: (9:8 Md. R. 822)
Administrative History: ——————
Administrative History: Regulations .01 and .02 under new chapter, General, adopted effective
Administrative History: April 12, 1993 (20:7 Md. R. 642)
Authority: Correctional Services Article, §3-205, Annotated Code of Maryland

COMAR 12.02.02 Minimum Lockup Standards [Repealed]

History

Administrative History: Effective date: July 21, 1972
Administrative History: Chapter repealed effective April 26, 1982 (9:8 Md. R. 822)

12.02.03 Community Adult Rehabilitation Centers

COMAR 12.02.03.01 Scope.

These regulations extend to any State, local or private correctional facility established as a community adult rehabilitation center.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.02 Purpose of Community Adult Rehabilitation Centers.

The purpose of a community adult rehabilitation center is to house and rehabilitate those individuals who have been convicted of crimes but who, in the judgement of the courts and appropriate correctional personnel, can best be rehabilitated in community facilities without substantial danger to the community.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.03 Definitions.

As used in these regulations, the following words have the meanings indicated:

A. “Administrative unit” is an area separate from the facility's housing units, which contains certain administrative, staff and program spaces which are shared by the housing units.

B. “Commissioner” means the Commissioner of Correction.

C. “County” includes Baltimore City.

D. “Facility” means a community adult rehabilitation center.

E. “Housing unit” is a physically separate housing and program space which contains one or more housing sub-units and certain staff, program and recreational spaces and a living area which are shared by the sub-units.

F. “Housing sub-unit” is a physically separate area which contains sleeping quarters, bathing and toilet facilities.

G. “Secretary” means the Secretary of Public Safety and Correctional Services.

H. “State inmate” means an inmate who is sentenced to the Division of Correction.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.04 Inspection.

The facility and its records shall be available at all times for inspection by the Secretary, Commissioner, or their designees in order to determine compliance with these regulations.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.05 Siting of Facilities.

In determining the appropriateness of a site for a facility, the following factors shall be considered:

A. When feasible and practical, the location should be in reasonable proximity to the communities from which the majority of its inmates come.

B. The location should be situated so that it can attract qualified line and professional staff of racial and ethnic origin compatible with the inmate population.

C. The location should be such that it can attract the variety of full time and part time professional specialists required to deliver the required services.

D. The location should be reasonably close to public transportation, or other means of staff, inmate, and visitor transportation should be readily available.

E. The facility should be located reasonably close to employment, education, and training opportunities for its inmates.

F. The location should be in reasonable proximity to medical facilities for emergency medical care.

G. Where feasible, practical, and possible, the site should allow for either natural or man made barriers or buffers from residential communities.

H. The external environment of a facility should be suitable for residential living.

I. Community attitudes and extent of any opposition to the site should be considered.

J. Utilities required by the facility should be already available to the site or capable of being economically provided.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.06 Physical Characteristics of Facilities.

A. General Requirements. All Community Adult Rehabilitation Centers meet the following physical standards:

(1) The facility shall comply with applicable fire, electrical, plumbing, mechanical, safety, health, building, housing and use laws, codes and ordinances and shall be maintained according to them. Documentation shall be available to establish compliance.

(2) More than 40 inmates may not be housed in a facility without physical separation into two distinct and separate housing units.

(3) The facility shall provide a minimum of 60 square feet per inmate in the sleeping quarters, and any furniture shall be arranged to provide some degree of privacy.

(4) The facility shall provide, at a minimum, one toilet for each eight inmates.

(5) The facility shall provide, at a minimum, one wash basin for each eight inmates.

(6) The facility shall provide, at a minimum, one shower or bathing facility for each 15 inmates. This shall include at least one bath tub or shower/tub combination, for each ten female inmates.

(7) All bedroom and bathroom areas shall be so designed as to maintain appropriate separation of male and female inmates.

(8) Outside access to and egress from a housing unit shall be controlled through a single main entrance/exit.

(9) Any exterior door, except the main entrance shall be considered a fire door, shall be locked to outside use, and shall be equipped with an alarm to sound when the door is opened from the inside.

(10) A dining area shall be provided and shall contain sufficient tables and chairs to seat at least one-third of the inmates at one time.

(11) The facility shall be maintained at a temperature above 65 degrees during the day and at least 62 degrees at night.

(12) The facility shall be well ventilated to insure that internal temperatures during summer months do not exceed outside temperatures by more than 10 degrees.

(13) The facility shall contain a secure room or rooms for temporarily holding:

(a) Inmates who may have incurred a mental problem and are displaying behavior which is threatening to themselves or others;

(b) Inmates who are potential escapees while awaiting serious disciplinary hearings; or

(14) Sufficient area for correctional programming shall be provided. This area shall be air conditioned, if feasible, and shall include, but not be limited to space for the following:

(a) Confidential interviews;

(b) Group counseling;

(d) Meetings and classification.

(15) Artificial lighting should provide an intensity of illumination of 6 foot candles and be available to cover 25 percent of the floor area in each bedroom with at least 15 foot candles of local illumination for reading.

B. Requirements Governing New Construction. Any facility which is to be constructed as a community adult rehabilitation center shall meet the following additional physical standards. Existing buildings which are converted to community adult rehabilitation centers shall be exempted from these standards as long as any capital expenditures do not exceed 50 percent of the fair market value of the facility excluding land:

(1) More than three inmates may not sleep in one room;

(2) At least 20 percent of a facility's sleeping quarters shall be single rooms;

(3) The facility shall be comprised of one or more housing units and an administrative unit;

(4) A housing unit shall house no more than 40 inmates;

(5) A housing sub-unit shall house no more than 20 inmates;

(6) A housing unit shall contain a common living area of at least 300 square feet, which shall be furnished for leisure type activities and for visiting;

(7) A housing unit shall contain the following separate spaces to be shared by the sub-units:

(a) Television and noisy recreation;

(b) Confidential counseling;

(d) Supervisor's office;

(e) Staff offices;

(8) An administrative unit in a facility shall contain the following separate spaces to be shared by its housing units:

(a) Group visiting;

(b) Group recreation;

(d) Administrative offices;

(e) Dining;

(f) Medical examining;

(g) Storage;

(h) Multi-purpose;

(i) Conference/hearing;

(j) Toilet;

(k) Parking.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.07 Programs and Staffing.

A. Programs.

(1) The facility shall establish a system of inmate classification/ treatment. It shall be conducted by a classification/treatment committee which shall include at least three staff members. One inmate resident of the facility may be assigned as a member of the committee.

(2) The classification/treatment process shall be designed to:

(a) Insure the security of the facility;

(b) Insure the welfare of the inmates;

(d) Promote the most effective use of the facility as an instrument of correction and rehabilitation.

(3) The classification/treatment committee shall evaluate and make recommendations regarding each of the following decisions:

(a) Development of and changes in an inmate's treatment program;

(b) Transfer of an individual to another institution;

(d) Granting of additional privileges to an inmate based upon successful participation in the facility's program.

(4) Parole and program termination recommendations made by the classification/treatment committee shall be approved or disapproved by the facility director or, in his absence, the designated acting director.

(5) Comprehensive rehabilitative services shall be made available to inmates of the facility. The purpose of these services is to improve an inmate's education, upgrade vocational skills, obtain suitable employment, strengthen family and mental health, and reduce any tendency to abuse alcohol or drugs.

(6) Responsibility for providing services listed in §B(1) below, rests with the facility. If community resources are available to provide services, facilities are encouraged to use them, but the facility shall remain responsible for insuring that services are available and are rendered to the inmates.

(7) Weekly inmate/staff counselor meetings shall be held with all inmates to provide direction and monitor inmate performance.

(8) The following services shall be made available to inmates on an as needed and practical basis:

(a) Vocational and educational testing;

(b) Job counseling;

(d) Job placement;

(e) Drug, alcoholism and family counseling;

(f) Psychological evaluation and/or therapy;

(g) Psychiatric evaluation and/or therapy;

(h) Housing assistance;

(i) Routine medical and dental services;

(j) Emergency medical and dental services;

(k) Adult basic education instruction.

(9) The center shall have an affirmative responsibility to develop those programs and resources within the community that are necessary to meet the needs of the inmates assigned to the facility.

(10) When a Mutual Agreement Program (MAP Agreement) is used to establish a definite parole date of an inmate in a facility, the director and personnel assigned to that facility will be responsible for observing the MAP procedures established by the Commissioner, in agreement with the Chairman of the Maryland Parole Commission. These procedures will be established in the “Maryland Model of Mutual Agreement Programming.” Reporting procedures may be established by the Commissioner in order to insure compliance with MAP procedures.

(11) If not already under a MAP contract, once placed in the facility each inmate shall design with his counselor, a treatment program aimed at preparing him for release to the community better able to lead a crime-free life. Generally, an inmate's program should include:

(a) Preparation for securing and holding a job, through education, vocational training, or simply aid in securing a job;

(b) Group or individual counseling, or both, to prepare him to better handle emotional stress; and

(c) The opportunity to acquaint himself with those community agencies which will be available to provide support before and after his release.

(12) The facility shall have documentation to show that it provides for inmate participation in development and implementation of the treatment plan.

(13) The facility shall have documentation to show that it holds weekly staff meetings to review inmate progress with each inmate's progress, reviewed at least once each month.

(14) The facility shall review all changes in the treatment plan with the inmate and document this procedure by staff initial and date.

(15) The facility shall provide access to a variety of social and recreational activities.

(16) The facility shall have written policy and procedures which provide for expanding opportunities for inmate responsibility, involvement with family, and community activities before final release.

(17) Each facility shall have a properly monitored work release program.

(18) To the extent practicable, the facility shall use appropriate programs and services which exist in the community.

(19) All inmates shall be given an opportunity for physical exercise at least once a day.

B. Staffing.

(1) There shall be a minimum of six full-time counseling/security staff for housing units with up to 20 residents, seven for units housing between 21 and 30 residents, and eight for units housing more than 30 residents.

(2) A unit supervisor shall be provided for each housing unit in a facility having more than one unit.

(3) If sufficient resources are not available in the community, then additional paid or volunteer staff shall be used to provide inmates with medical, psychological, psychiatric, educational, and/or employment services.

(4) There shall be one full-time clerical staff for each housing unit. One additional clerical and administrative staff member who may be designated as assistant director shall be available for centers comprising more than two housing units.

(5) The minimum qualifications for a unit supervisor shall be a Bachelor's Degree from an accredited 4 year college or university plus 2 years of appropriate experience, or a master's degree in one of the behavioral sciences.

(6) The minimum qualifications of line counseling and line security staff shall include the completion of 2 years of college.

(7) The agency may have a written policy which outlines experience substitutes for the educational requirements in §B(5) and §B(6) if the agency permits the substitutes.

(8) The director, assistant director, and all line level counseling/security staff shall have completed either the Correctional Specialist, Correctional Officer, Classification Counselor, or Parole and Probation Agent Course or have received certification or waiver by the Maryland Correctional Training Academy before completion of their first year of employment in a facility.

(9) All requirements of the Maryland Correctional Training Commission shall be complied with.

(10) A staff member shall be assigned primary responsibility for the welfare, direction, and counseling of each inmate. Staff members may not be assigned responsibility for more than ten inmates at any given time.

(11) An inmate may not be assigned work that requires access to, or use of, inmate or staff personnel records.

(12) Staff members of one sex may not conduct body searches of persons of the opposite sex.

(13) Staff members of one sex may not supervise the taking of urine samples from inmates of the opposite sex.

(14) Each housing unit of up to 40 inmates shall, at all times, have at least one trained counseling/security staff member awake, on duty, and available for consultation with inmates.

(15) One institutional parole and probation agent shall be provided by the Division of Parole and Probation for each 40 persons residing in a community adult rehabilitation center.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.08 Admission and Discharge.

A. Admission.

(1) Admission of inmates to the facility shall conform to clearly defined written policies and procedures established by the facility director. Before transfer to a facility, all inmates shall be properly screened by the facility director, the local correctional system, or the Maryland Division of Correction, or all.

(2) An individual may not be admitted unless a commitment order, properly signed by the clerk of the appropriate court, is received with the individual.

(3) The following criteria shall be considered in screening an inmate for placement in a facility:

(a) Intent of court at sentencing;

(b) Time already spent in confinement;

(d) Prior criminal record;

(e) Institutional adjustment;

(f) Availability of work and transportation;

(g) Effect of placement on immediate family and dependents;

(h) Need for services available at the facility;

(i) Level of individual's maturity, attitude, and trust-worthiness.

(4) Any individual who is determined to be an escape risk, or having a detainer for a charge for any crime enumerated in Correctional Services Article, §11-317, Annotated Code of Maryland, may not be assigned to a facility.

(5) According to the provisions of Correctional Services Article, §11-317, Annotated Code of Maryland, and policy of the Division of Correction, a facility may accept certain inmates who are committed to the Division of Correction without prior processing in another Division of Correction institution. In these cases the facility shall serve as a reception, diagnostic, and classification center for the Division of Correction.

(6) Before physically admitting an offender according to §A(5) of this regulation, the facility shall:

(a) Screen the inmate to determine eligibility and acceptability for placement in the facility;

(b) Obtain a Division of Correction inmate number; and

(7) After admission of an inmate according to §A(5) of this regulation, the facility shall:

(a) Establish an inmate case record;

(b) Establish a medical and dental file;

(c) Conduct a dental and medical exam which includes screening for tuberculosis, venereal disease, and any other communicable disease specified by local, State, or federal health authorities; this requirement may be waived if a medical and dental exam has been conducted for the inmate by the jurisdiction operating the facility within the last 30 days, and if the examination records are held in the facility;

(d) Administer an educational screening test as designated by the Commissioner;

(e) Administer a psychological screening test as designated by the Commissioner;

(f) Establish a financial account for the inmate's personal fund;

(g) Forward a skeleton inmate file and commitment papers to the Division of Correction as required by the Commissioner; and

(h) Complete and forward a parole and probation census card as required by the Division of Parole and Probation.

B. Discharge.

(1) Discharge of inmates from the facility shall conform to clearly defined written policies and procedures of the facility.

(2) Discharge policies and procedures shall include:

(a) A verification that the inmate is being discharged under proper legal authority;

(b) A positive identification of the inmate being released; and

(c) The return to the inmate, or individual assuming custody of the inmate, of all of the inmate's property and valuables held by the facility. A receipt shall be signed by the inmate or the individual assuming custody of the inmate and retained for facility records.

(3) If an inmate is to be transferred to the jurisdiction of the Division of Correction, the transporting officer shall have with him properly executed commitment papers and a copy of the inmate case record. Also included shall be a record of time accrued toward diminution of sentence under in Correctional Services Article, §11-503, Annotated Code of Maryland. This record shall show the amount of time accrued according to type: good time, industrial, educational, and special programs.

(4) The time, date, and reason for discharge shall be entered in the inmate's case record.

(5) Every inmate who is released from custody shall be given a prerelease physical examination by an appropriately qualified medical examiner:

(a) The physical will be performed as close to the actual date of release as possible, but no more than 3 days before release;

(b) An inmate found to have a chronic disease of the mind or body will be referred to the proper State agency for continuation of treatment;

(c) An inmate who has a disease requiring a short treatment period shall be directed to the proper agency for follow-up care and the inmate will be advised to have the new treatment agency request his pertinent medical records if needed;

(d) The medical examiner will complete and sign a prerelease medical examination form provided by the Commissioner.

(6) If an inmate is transferring to a Division of Correction institution, the transferring facility shall be responsible for bringing the medical and dental records of the inmate up-to-date, including all current prescriptions. The records will be forwarded to the new institution along with the inmate case record.

(7) The transferring institution shall provide a 24-hour supply of all medication prescribed for the inmate by a competent physician.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.09 Accounting, Reporting, and Accountability.

A. Accounting--Financial.

(1) The facility shall use a recognized system of fiscal management accountability.

(2) In private facilities, the fiscal process shall include an independent annual audit which shall be conducted by a certified public accountant.

(3) The facility shall have written fiscal policies which include internal controls.

(4) For private facilities, the fiscal policy shall provide for adequate insurance coverage to include, but not limited to:

(a) Physical plant;

(b) Equipment;

(d) Bonding for board and staff.

(5) The facility fiscal policy shall provide a written policy for:

(a) Inventory control of agency property and assets;

(b) Accountability of petty cash expenditures;

(d) Completion of staff time sheets.

B. Accounting--Inmate Records.

(1) The inmate case record shall include at least the following information:

(a) Identification and medical/security alert information;

(b) Evaluation and progress reports;

(d) Presentence investigation with Division of Correction fact sheet or Division of Correction admission summary;

(e) Preparole reports;

(f) Classification/treatment committee actions;

(g) Legal matters relating to the inmate's case;

(h) Adjustment reports and records;

(i) Inmate grievance commission matters;

(j) Medical reports;

(k) Psychological and psychiatric reports;

(l) Social material;

(m) Educational material;

(n) Employment material;

(o) Accident reports;

(p) Signed release of information and consent forms;

(q) Next of kin notification;

(r) Final discharge report.

(2) All entries into the case records of the inmate shall be dated and signed by a staff member.

(3) The facility shall have a written policy for maintaining case records on a current basis.

(4) The facility shall have a written policy which provides for case record auditing.

(5) The facility shall provide that safeguards exist to prevent the possibility of theft, loss, or destruction of case records.

(6) The facility shall provide that all inmate case records are marked “confidential”.

(7) The facility shall provide that each file cabinet where case records are maintained is marked “confidential”.

(8) The facility shall provide security type file cabinets for all case records.

(9) The facility shall provide that a “release of information consent form” is signed by the inmate before confidential information about the inmate is released to any individual or agency not having legal access.

(10) A “release of information consent form” shall include:

(a) The name of the person, agency, or organization requesting information;

(b) The specific information to be disclosed;

(d) The date the consent form is signed;

(e) The signature of the inmate; and

(f) The signature of the individual witnessing the signature.

(11) A copy of the signed “release of information consent form” shall be maintained in the inmate case record.

(12) If the inmate is discharged to another correctional facility or sentenced to probation or paroled, the original inmate case records shall be forwarded to the agency having responsibility for the inmate. The original case records of all other State inmates shall, at discharge, be forwarded to the Division of Correction. A skeleton case record which includes at least the presentence investigation/admission summary and face sheet, commitment papers and discharge report, shall be made and retained by the transferring facility for a period of 3 years.

(13) Before the awarding of earned time by the director for satisfactory inmate application and progress in industrial, agricultural, vocational, educational, or administrative tasks, a written description of the programs shall be submitted by the director to the Commissioner for his prior approval. The Commissioner shall in turn submit his approval or disapproval in writing to the director.

(14) Additional earned time, for special projects and programs not included in the above listing, may be awarded by the director. The procedure is the same as above; a written description of the projects, programs, or both, shall be submitted to the Commissioner who in turn gives written approval before the awards are made.

C. Reports.

(1) All admissions, releases, and escapes of State inmates shall be reported as required by the Commissioner.

(2) All earned time credited and good conduct time lost by State inmates shall be recorded in the inmate case record.

(3) A preparole evaluation for an inmate shall be completed and forwarded to the Division of Parole and Probation not later than 30 days before his or her scheduled parole hearing date.

D. Accountability.

(1) A permanent facility log shall be maintained in the facility.

(2) The facility log shall be a clearly labeled, permanently bound volume of lined sheets of writing paper, with all pages numbered consecutively in advance of use.

(3) All log entries shall be made in ink (fountain or ballpoint pen).

(4) Any log corrections shall be made by lining out and initialing the correction. Once an entry is made, it may not be altered or corrected in such a manner that the original entry cannot be read.

(5) The log shall be maintained by the supervisor on duty, and should be secured at the work station near the telephone.

(6) The first log entry of each day shall be preceded by the date, and each entry by the time of the entry.

(7) Each supervisor going on duty shall indicate in the log the acceptance of responsibility for the facility. The supervisor being relieved shall so indicate in the log.

(8) Any unusual occurrence shall be recorded in the log, ordinarily by the supervisor on duty. Unusual occurrences include those which might influence the behavior of an inmate, behavior on the part of an inmate which should be known by other staff, contacts during non-business hours by representatives of other agencies, staff or other e.g. police, families, inmates, etc. Such things as facility problems or equipment breakdowns should be noted as well as any staff initiated contacts. The log should not ordinarily be used for messages, but may call attention to changes in orders, procedures, or schedules which are available elsewhere.

(9) All management and supervisory staff shall review the log upon reporting to duty each day or assigned work period, and a record of the review shall be entered in the log.

(10) The log is the permanent record of activities, events, and problems for the facility. After completion, it shall be kept in a secure file for at least 3 years.

(11) Random inspection of the facility shall be conducted by the director, to include all shifts at least once every 2 weeks. A record of all inspections shall be entered in the facility log.

(12) The facility shall be daily inspected by the senior staff member. A record of all inspections shall be entered into the facility log.

(13) Supervisory sessions shall be conducted at least once each 2 weeks for all line staff rendering services to inmates. Inmate case files, performance of inmates assigned to the staff member, and the staff members' performance shall be reviewed at that time.

(14) A management information system approved in advance by the Commissioner shall be used in the facility.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.10 Facility Management.

A. General Administration.

(1) Any private agency operating a facility shall have:

(a) A constitution or articles of incorporation which meet all of the legal requirements of the State;

(b) Documentation of its tax status with the Internal Revenue Service; and

(2) The facility shall have a program design approved by the Commissioner, which describes:

(a) What is to be done to whom, by whom, why, at what cost; and

(b) How an outside observer can judge whether or not the program is achieving what it is designed to achieve.

(3) The facility shall have a current organizational chart which accurately reflects the structure of authority, responsibility, and accountability within the facility.

(4) In order to facilitate the administration and operation of the facility, written rules and regulations shall be promulgated, published and made available to all staff members.

(5) The rules and regulations shall be assembled as a procedures manual.

(6) The procedures manual shall be bound in a loose leaf binder in order to facilitate changes, additions, and deletions.

(7) A copy of the procedures manual shall always be in the possession of that individual who at any given time is responsible for the operations of the facility. Other copies shall be available for use of other staff.

(8) The procedures manual shall contain sample copies of all forms and reports and an explanation for initiating, completing and distributing forms and reports required.

(9) All counseling/security staff shall be required to be familiar with the community adult rehabilitation center standards, the facility program design and procedures manual. The facility shall maintain, on file, a statement signed by each staff member which acknowledges this familiarity.

(10) All written policies and procedures shall include purpose, other policies and procedures affected, explanation, action required, cancellation date, and distribution.

(11) At all times, a staff member, physically present in the facility, shall be designated to be “in charge”. The facility's policies and procedures shall identify the responsibilities of this person.

(12) The procedures manual shall include emergency procedures which outline specific responsibilities in case of emergency including: riot, fire, assault, rebellion, or any other emergency.

(13) The emergency procedures shall be prepared in cooperation with pertinent state and local agencies including fire, police and civil defense, and shall conform to all appropriate statutes.

(14) All agencies involved in the preparation of emergency procedures or having responsibilities for carrying out the procedures shall be distributed a current copy for reference.

(15) The facility shall have a written emergency evacuation plan which shall be disseminated to staff and inmates and shall be posted in a conspicuous place.

(16) The facility director, at least annually, shall request an inspection of the facility by the local fire inspector, health inspector and building inspector. Reports of all inspections conducted shall be maintained for a period of at least 3 years.

B. Food Service.

(1) The facility shall insure that the food service provided meets or exceeds any nutritional standards as recommended by the dietary allowance of the Food and Nutrition Board of the National Research Council and the Maryland Department of Health and local health department.

(2) All food service shall be according to COMAR 10.15.03.

(3) Three wholesome meals a day of sufficient quantity and quality shall be served at the customary times of breakfast, lunch and supper.

(4) The facility shall provide advance monthly planned menus to assist in budget planning, food quality control, and to inform the inmates what will be served at each meal. This menu shall be posted in a conspicuous location that is accessible to inmates. Copies of all menus shall be retained for inspection purposes.

(5) The facility food service plan shall be periodically reviewed and approved by a certified dietitian or local health authorities.

(6) The facility shall provide properly ventilated and adequately furnished dining area or areas.

(7) Special diets as prescribed by a physician or a certified dietitian, shall be available for those inmates under medical treatment or in need of these diets for other approved reasons.

(8) At least one member of the facility staff shall supervise the kitchen in the preparation and serving of food.

(9) Facility staff, corrections, sheriff's department, or any other city, county, or State personnel may not have their salary, commissions, or any other payments tied to savings in facility operations.

C. Medical.

(1) Inmate medical and dental records are confidential and shall be handled only by properly authorized personnel.

(2) An inmate shall be provided medical and dental care for conditions which, in a professional opinion, are of immediate concern and must be treated. This care shall be of a quality commensurate with good medical practice.

(3) Standard first aid supplies as required by O.S.H.A. shall be available on the premises at all times.

(4) The facility shall maintain an inventory control list of first aid equipment and supplies to ensure the equipment and supplies are sufficient at all times.

(5) At least one staff member per shift who has completed the American Red Cross Advanced First Aid and Emergency Care and Coronary Pulmonary Resuscitation courses or their equivalent shall be present in the facility at all times.

(6) The facility shall have established procedures whereby inmates can report illnesses and request treatment in writing. These shall be outlined in the inmate rules and regulations.

(7) The facility shall have written medical emergency procedures that insure appropriate response to medical emergencies, and the staff shall be familiar with these procedures.

(8) Narcotics and other medication shall be properly stored and inventoried in accordance with all applicable federal, State, and local regulations.

(9) All prescribed medication for inmates shall be centrally stored in a secure storage area controlled by the staff. Inmates shall normally be given their prescribed daily dosage one day at a time.

(10) A report of all physician visits, inmate treatment, and complaints or requests for treatment shall be incorporated in the inmate's file.

(11) As soon as possible after occurrence of any serious illness or injury to an inmate, every possible effort shall be made to report the occurrence to the inmate's next of kin or a person designated by the inmate. If at all possible, this should be accomplished within 4 hours of the incident. All these efforts shall be documented in the facility log.

(12) As soon as possible, and in all cases within 2 hours after receipt, inmates shall be notified when information is received of a serious matter concerning the inmate's family.

(13) At least one litter stretcher and storage for it shall be provided for the transportation of the critically ill or injured.

(14) The facility shall provide for completion of necessary laboratory tests as ordered by a physician.

(15) The facility shall have a written policy regarding the possession and use of controlled substances, prescribed medications, and over-the-counter drugs.

(16) An inmate who has been determined to be a drug addict shall be placed under appropriate treatment.

(17) The determination of addiction and treatment of an addicted inmate shall conform to the guidelines and regulations promulgated by the federal government and the Maryland State Drug Abuse Administration.

D. Sanitation.

(1) A daily routine of work necessary to keep the facility clean shall be established and followed.

(2) A member of the facility staff shall make daily sanitation and safety inspections.

(3) The director shall conduct periodic, unannounced sanitation inspections of the facility.

(4) The facility shall furnish laundry services or provide facilities for washing personal clothing, as well as bedding, and other washable items.

(5) Blankets, pillows and mattresses shall be cleaned before issue and when necessary during use.

E. Personnel.

(1) The facility shall observe the personnel policies of the State, if operated by the State, or of the county, if operated by a county.

(2) Any private agency operating a facility or any county which may not have written personnel policies adopted by the governing body shall have policies including at a minimum:

(a) Organization chart;

(b) Employment practices and procedures;

(d) Job qualifications;

(e) Grievance procedures;

(f) Employee evaluation;

(g) Personnel records;

(h) Benefits;

(i) Holidays;

(j) Vacations;

(k) Hours of work;

(l) Salaries (or the base for determining salaries);

(m) Suspension;

(n) Termination; and

(o) Resignation.

(3) The facility or agency shall have documentation to show that job descriptions and job qualifications exist for all positions in the facility.

(4) The personnel record of the employees shall be confidential and shall be maintained in a locked file which shall be confidential.

(5) The facility or agency may not have a policy which excludes the employing of ex-offenders.

(6) The facility or agency shall provide initial orientation for all new employees upon employment.

(7) The facility or agency shall have a written program of in- service training for all employees, using their own resources and other resources in the community.

F. Inmate Rules and Regulations.

(1) The facility shall have written inmate rules and regulations.

(2) Inmate rules and regulations shall be written and organized in a simple and understandable form.

(3) At admission, each inmate shall be given a copy of the rules and regulations to read and retain.

(4) If an inmate cannot read, the rules and regulations shall be read to the inmate.

(5) After reading or being read the rules and regulations, inmates shall be required to sign an appropriate form acknowledging that they have read (or have been read) the rules and understand them.

(6) All facility staff shall be familiar with the inmate rules and regulations.

(7) Before their publication, the inmate rules and regulations shall be approved by the attorney general, county attorney, or city solicitor, as the case may be.

(8) The inmate rules and regulations shall specify any actions that can lead to administrative (non-punitive) removal from the facility. Inmate regulations shall provide that transfers of inmates to Division of Correction institutions of greater security shall conform with applicable Division of Correction regulations.

(9) The inmate rules and regulations shall outline inmate grievance procedures.

(10) There shall be a written procedure for inmates to make complaints or grievances which shall outline required staff action for investigating and resolving the complaints or grievances.

(11) A written disciplinary report of all violations of inmate rules and regulations shall be made and shall include:

(a) The name of the inmate and the alleged offense;

(b) A description of the complaint;

(d) The signature of the staff member making the report.

(12) The inmate rules and regulations shall include the established adjustment procedure for imposing punishment for violations of inmate rules. All disciplinary action shall be in accordance with these procedures.

(13) The adjustment procedure shall include:

(a) Written notice to inmates of the charges against them; the written notice of the charges shall include a statement of the allegations;

(b) An opportunity to prepare a defense to the charges, with the possibility of assistance by another inmate or staff member;

(c) A summary hearing before an impartial senior-level staff member (not the director) for those minor violations delineated by the facility's regulations, and a hearing before an adjustment team for serious violations;

(d) An opportunity for the inmates to be represented by another inmate or staff member at the hearing to present evidence and witnesses in their own behalf and confront and cross-examine witnesses against them if the adjustment team determines it is practical or relevant to the inmate's case; inmates shall be allowed at least 24 hours from time of notice of infraction to the disciplinary hearing to prepare a defense and to confer with potential witnesses;

(e) A decision based upon the evidence produced at the hearing in support or denial of the charge;

(f) A permanent record of the proceedings; and

(g) An opportunity for appeal to the facility director or designee.

(14) The adjustment team shall be comprised of at least two impartial staff members, neither of whom was a party to the violation;

(15) One inmate resident of the facility may be assigned as a member of the adjustment team. In these cases the inmate may be permitted a vote in the determination of guilt or innocence but may not participate in the process of affixing a penalty or disciplinary action.

(16) Violations of the criminal code of Maryland shall be referred to proper authorities for appropriate criminal proceedings.

(17) The following are penalties or disciplinary actions, only one of which may be imposed by summary hearings for each minor violation of inmate rules and regulations:

(a) Counseling or reprimand;

(b) Assignment to no more than 20 hours of extra duty;

(d) Required participation in a program designed to correct the cause of the disciplinary problem;

(e) Loss or reduction of leave privileges for a maximum of 30 days;

(f) Restriction to the facility except for authorized work, training, education, or other specifically excepted purpose for a maximum of 15 days.

(18) The following are penalties or disciplinary actions, only one of which may be imposed by an adjustment team for each serious violation of inmate rules and regulations:

(a) Any penalty or disciplinary action provided for minor violations;

(b) Assignment to no more than 60 hours of extra duty;

(d) Restriction to the facility except for specifically excepted purposes for a maximum of 45 days;

(e) Loss of up to 30 days of good conduct time or segregation or suspension from the facility for a maximum of 15 days.

(19) In addition to any other penalty or disciplinary action imposed by an adjustment team, transfer to medium or maximum security confinement for suspension or termination from the facility program can be recommended for consideration by the facility's classification team.

(20) All disciplinary action shall be made a matter of facility records.

(21) Deviation from normal feeding procedures may not be used as a disciplinary action.

(22) Corporal punishment, in any form, may not be permitted.

(23) Contraband is anything not specifically authorized by the facility rules. The inmate rules and regulations shall stipulate what an inmate may or may not have on his person or in his sleeping quarters.

(24) Inmates shall be allowed to be reasonably visited by and to correspond with family members, friends, religious advisors, and prospective employers.

(25) The facility shall publish and post regulations and visiting hour schedules in an area within the facility that is accessible to inmates and to the public.

(26) Inmates shall be allowed at least twice weekly visits with family and friends.

(27) Denial of visits may not be used as a punishment, unless the reason for the denial stems from serious violation of the visiting rules or justifiable security threat.

(28) Confidential inmates' visits with their attorneys may not be denied at any time. Appropriate space for these visits shall be provided at the facility.

(29) There shall be established procedures for control of visits and handling of inmate mail.

(30) Mail sent from an inmate shall be sealed by the inmate and may not be opened or inspected by facility staff.

(31) Incoming inmate mail may be opened for inspection for contraband; however, it may not be read by the inspecting staff member and its confidentiality shall be maintained. Properly identified attorney and court mail for an inmate shall be opened only in the presence of the inmate to whom it is addressed.

(32) The facility shall permit inmates to reasonably decorate their sleeping quarters with personal possessions, pictures and posters.

(33) Inmates may not be forced to shave, or have their hair cut, unless there is a legitimate medical reason for doing so, and then only upon written orders by a physician.

(34) Each indigent inmate shall be entitled, upon entry into the facility and thereafter as often as it is necessary, to receive the following items on credit with reimbursement to be made by the inmate as soon as possible:

(a) Hygienic articles including toothpaste, a toothbrush, soap, a razor and razor blades, shaving cream and deodorant; and

(b) Paper, pencil, envelopes and stamps which allow an inmate written access to the courts, attorneys of record, and elected officials.

G. Work Release and Leave.

(1) The director or assistant director of a facility may grant an inmate the privilege of leaving the confines of the facility for the purpose of employment or seeking employment, participating in civic activities, volunteer work, or athletic competition, or making personal or family visits.

(2) For facilities staffed and operated by the Division of Correction, the Commissioner shall promulgate appropriate leave regulations subject to the approval of the Secretary.

(3) For facilities not staffed and operated by the Division of Correction, the following shall govern the granting of leave:

(a) The facility shall have a written leave policy which specifies the conditions under which an inmate may earn and be granted leave and the process for granting approval;

(b) Any leave granted shall be for a specifically designated purpose;

(d) Unless they are within 4 weeks from actual release or parole, inmates may not be permitted to be on leave from the facility for more than two nights in any 7 day period;

(e) The director or assistant director shall specify, in writing, and sign the terms and conditions governing the granting of leave;

(f) Inmates on leave shall sign, and while on leave carry, their copy of the terms and conditions governing the grant of leave;

(g) The terms and conditions governing the grant of leave shall specify that “an inmate on leave shall be deemed to be in the custody of the facility to the same extent, and subject to the same supervision and control, as an inmate actually in the confinement of the Division of Correction, and any escape shall be punishable as provided in Criminal Procedure Article, §§9-406 and 9-407, Annotated Code of Maryland;” and

(h) Inmates on leave may not be permitted to visit any other state correctional institution without advance, written authorization from the managing officer of that institution.

(4) Facility staff or another responsible authority shall have a voice contact with each inmate's employer or trainer at least once every 2 weeks to verify attendance and determine progress in employment or training.

(5) For sentenced inmates involved in work release or other leave programs, urine specimens shall be collected at least every other week from all inmates and three times each week on alternate days, for all known drug users. A minimum of 50 percent of the samples collected shall be analyzed to determine drug usage.

(6) An inmate may not be permitted to leave the confines of the facility without being physically checked out of the facility by an authorized staff member.

(7) All inmates shall be checked into the facility by an authorized staff member.

H. Security.

(1) The facility shall establish and conform to appropriate written security procedures.

(2) Inmates shall be searched upon admission and periodically thereafter to prevent the flow of contraband.

(3) Complete facility shakedowns shall be conducted at least monthly.

(4) Any inmate personal property damaged, disassembled or otherwise left in a changed state by facility staff shall be returned to its original condition or, if necessary, replaced by the facility or the responsible staff members.

(5) Physical force shall only be used by facility personnel only to the extent necessary for self-defense, to protect staff, inmates and other individuals, to maintain order or to prevent escape or a riot.

(6) A written report of any use of physical force shall be made to the director and shall be maintained in the facility files.

(7) Facility keys shall be properly identified and stored in a secure area when not in use.

(8) A record shall be kept of all keys.

(9) Firearms, mace, tear gas or weapons of any other type may not be permitted in a facility.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.11 Community and Public Relations.

A. General.

(1) The facility shall conduct an on-going program of public information to encourage understanding, acceptance and support of its programs.

(2) The facility shall participate in community planning organizations as they relate to the services rendered by the facility.

(3) The facility shall prepare an annual report and make it available to the public.

(4) The facility shall maintain connective relationships with other components of the criminal justice system, such as law enforcement, public defender, judges, sheriff's office, Division of Correction and Division of Parole and Probation.

(5) The facility shall maintain connective relationships with non-criminal justice agencies, such as educational institutions, vocational training centers, employment offices, mental health services and social service agencies.

(6) The facility shall have a written public information policy which outlines provisions governing staff and inmate contact with the news media.

B. Community Advisory Board.

(1) At the time a facility is established, a community advisory board shall also be established according to the provisions of Correctional Services Article, §11-312, Annotated Code of Maryland.

(2) Meetings of the community advisory board should be scheduled monthly at a location provided by the facility director.

(3) All community advisory board meetings should be conducted according to “Robert's Rules of Order.”

(4) The community advisory board should elect annually from within its membership a chairman, secretary, and any other officers it deems necessary.

(5) Minutes of all community advisory board meetings should be taken by a duly elected secretary of the community advisory board. These minutes shall be typed, copied and distributed by the facility director within 7 days of receipt. Copies shall be distributed to all community advisory board members, the Commissioner of Correction, the county executive, mayor or county commissioners as the case may be.

(6) The community advisory board should review and report on the facility's program semi-annually and shall have access to the facility at all times.

(7) Within 2 weeks of the program review, a report should be sent to the county executive, mayor or president of the county commissioners, as the case may be, the Commissioner of Correction, the facility director, and the board of directors, if the facility is privately operated.

(8) If the community advisory board, after consultation with the facility director, is unable to resolve any difficulty concerning the operations of the facility, written notification of the difficulty shall be forwarded by the community advisory board to the local government with copies to the Commissioner and facility director in the case of locally operated centers, and to the Commissioner with copies to the local government in the case of a State operated center.

(9) The community advisory board is encouraged to conduct an on- going program of public information to inform the community about the facility, its purposes, program and performance, and to develop citizen participation in support of the facility's program.

(10) The facility director should advise the chairman of the community advisory board of:

(a) Any serious incidents which are required to be reported to federal, State or local authorities, at the same time they are reported to these authorities; and

(b) Any complaints received from the community regarding facility operations.

(11) At each monthly meeting of the community advisory board, the director of the facility should present a report to the board. At a minimum, this report should include the following:

(a) All intake for preceding month;

(b) All terminations for preceding month;

(d) Population on first and last day of preceding month;

(e) Any new convictions of releases;

(f) Any new convictions of residents currently in house;

(g) Any violations or warning given by the federal, State or local correctional agency having responsibility for those assigned to the facility or given by any other governmental agency, having authority over the health, safety and welfare conditions within the facility; and

(h) A copy of the monthly management information system summary as sent to the Division of Correction.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

COMAR 12.02.03.12 Waivers.

A waiver from one or more of the above regulations may be requested in writing from the Secretary of Public Safety and Correctional Services.

History

Administrative History: Effective date: February 2, 1977 (4:3 Md. R. 147)
Authority: Correctional Services Article, §§8-103 and 11-304—11-306, Annotated Code of Maryland

12.02.04 Public and Media Relations

COMAR 12.02.04.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Commissioner” means the Commissioner of the Division of Correction or a designee.

(2) “Division” means the Division of Correction.

(3) “Subunit” means the Division of Correction institutions, minimum security State or contractual prerelease units, and State Use Industries.

(4) “Warden” means the warden or a designee.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.04.02 Public Relations.

A. The Commissioner shall ensure that Division headquarters and each subunit:

(1) Respond to citizens' inquiries and complaints transmitted either in writing, by telephone, or through personal visits;

(2) Designate a person to handle inquiries or complaints; the public relations representative may refer a matter to a more appropriate individual or agency for a response;

(3) Ensure that switchboard operators, receptionists, mail room personnel, and other staff refer citizen telephone calls, mail, and visitors to the unit's designated public relations representative.

B. Telephone Communication. The Commissioner shall ensure that a person who answers telephone calls from the public for Division headquarters and Division subunits is trained in the following:

(1) Mechanics of the telephone system;

(2) Proper telephone courtesy;

(3) Prompt attention to calls; and

(4) Use of directories to forward a caller to the appropriate person.

C. Written Communication. Division headquarters and each subunit shall ensure that:

(1) Written communication is stamped with the name of the facility and the date immediately upon receipt.

(2) A written communication requiring response is responded to within 10 business days of receipt.

(3) An interim response is sent to a citizen when the communication cannot be properly responded to within the 10 business days' requirement. The warden shall ensure that the interim response addresses the following:

(a) The individual responsible for reply;

(b) The reason for the delay, if it can be stated;

(d) An estimate as to when a reply will be made.

D. Personal Visit. Division staff encourages an appointment when a citizen wishes to speak in person with a Division staff member about an inmate. Each warden shall:

(1) Ensure that a clear and current notice is posted within the visitor area to notify a visitor as to where information may be obtained.

(2) Ensure that an employee having contact with a visitor to Division headquarters, or a Division subunit, is adequately prepared and has available appropriate information which may be of use to the visitor.

(3) Designate a person to handle visitors' requests during posted business hours. A citizen may call to confirm business hours for a specific Division subunit.

E. Inquiry.

(1) The process for referring a visitor inquiry is as follows:

(a) Each inquiry, complaint, or request shall be accepted;

(b) If an inquiry, complaint, or request is not resolved immediately, it shall be:

(i) Referred to an appropriate person for further handling, or

(ii) Recorded for future processing; or

(c) The inquirer shall be advised of information required to direct the request to a more appropriate agency to obtain the information requested.

(2) Each warden shall ensure that a citizen making an inquiry is advised when the inquiry is referred to another agency, by being sent a copy of the referral letter, which shall include the reason for referral to another agency for response.

F. Each warden shall ensure that appropriate staff receive a copy of the citizen response plan and receive orientation in those procedures.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.04.03 Media Relations.

A. Access to Public Information.

(1) The Commissioner and each warden shall encourage and develop mutual cooperation with media representatives, and permit the greatest possible access to public information within the limitations of applicable statutes and within operational limitations.

(2) An employee of a Division facility shall refer all media inquiries to the warden.

(3) The warden shall determine whether media inquiries will be forwarded to the Public Information Office of the Division.

(4) Division employees who provide information to media representatives shall ensure that the information is:

(a) The best available;

(b) Truthful, objective, and accurate; and

(c) Limited to the information authorized for release under the Maryland Public Information Act, State Government Article, §10-611 et seq., Annotated Code of Maryland.

B. Visits by a Media Representative.

(1) A representative of the media may visit a correctional facility and an inmate confined there for the purpose of conducting a recorded interview only with prior approval of the warden.

(2) The warden shall ensure that the Division Public Information Office is notified of a media visit.

(3) A media representative shall be required to produce evidence of media employment or authorization which shall be subject to verification before admission to the facility.

(4) A representative of the media shall conduct an interview with an inmate within a normal visiting area unless otherwise approved by the warden, consistent with security needs and routine activities of the institution.

(5) An inmate has the right to refuse to be interviewed and a right to refuse to be photographed.

(6) An inmate may have a photograph taken, be filmed, or otherwise be interviewed only if the inmate agrees in writing and has the prior approval of the warden.

(7) The warden shall ensure that a signed authorization indicating inmate approval is placed in the inmate's base file.

C. Release of Information on Inmates.

(1) Information regarding inmates confined in the Division or subject to its jurisdiction may not be released except pursuant to statutory authorization under State Government Article, §10-611 et seq., Annotated Code of Maryland, or another applicable statute.

(2) Medical, psychological, and sociological data is confidential and may not be released without proper authorization.

(3) Certain other information including details of a pending investigation may be exempt from disclosure.

(4) Release of information regarding the identity of an inmate confined to a correctional facility is limited to the following:

(a) Name of inmate;

(b) Criminal offense for which the inmate has been incarcerated (prior criminal history excluded);

(d) Jurisdiction where convicted;

(e) Status, if confined for either evaluation or committed as an eligible person to Patuxent Institution;

(f) Date received (and date of escape if an escapee); and

(g) If the inmate who was the subject of the inquiry is on escape, a physical description may also be released as well as a photograph, if available.

(5) If a warden has a question regarding the legality of the release of information, the warden shall contact the Division public information officer who shall consult the Department of Public Safety and Correctional Services' counsel for advice before release.

D. Request for Information After Business Hours. Division staff who receive a request for information after normal business hours shall refer that request to the warden or the Public Information Office.

E. Emergencies.

(1) The warden shall ensure that the Division Public Information Office is immediately notified when an emergency or nonroutine incident occurs.

(2) The Division public information officer shall be responsible for the release of information about the event.

(3) At the discretion of the warden and in consideration for public safety, basic information about an event may be released by the warden.

(4) The public information officer, with the advice and consent of the warden, shall establish media staging and parking areas. A representative of the media shall remain within the designated areas and shall be briefed by the public information officer.

(5) A news media briefing is conducted in accordance with the following:

(a) The public information officer shall prepare and present a preliminary briefing to the news media within 1 hour after arrival. During this briefing, the news media shall be informed of security procedures and safety requirements that will affect them, the nature of the emergency, and background information on the institution.

(b) At this time, a briefing timetable shall be established which permits news media representatives to meet their deadlines.

(c) It shall be clearly explained to the news media that an inmate within the institution can monitor radio and television reports, and this will prevent the release of certain information which could jeopardize security or response tactics.

(d) If, during the course of negotiations, an inmate requests that a member of the media be present and if that request is granted by the warden or Commissioner, then the media representative should be advised that he or she is expected to brief all other members of the media on site within 1 hour after negotiations have ended.

(e) Representatives of the news media are not permitted into areas of the institution other than the news media briefing area for any purpose without the approval of the warden. A request for pool photography or news media tours, or both, may be considered by the warden after the emergency is under control. Representatives of the media shall be advised that efforts to enter, or to have another person enter, the prohibited area for the purposes of filming the event or interviewing inmates is not allowed. If the public information officer has reason to believe that a restriction of aircraft overflights is necessary, the officer shall notify the Federal Aviation Administration to seek this restriction.

(6) The Commissioner may prohibit the use of television or photographic equipment on the grounds of a correctional facility, if use of the equipment would make the situation worse and further jeopardize the safety of the facility.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.04.04 Citizens' Tours of Division Institutions and Facilities.

A. A citizen may request a tour of a Division facility by a letter to the warden or unit manager of the facility. The letter shall include:

(1) The requested date and time for the tour;

(2) A telephone number and address for the tour applicant;

(3) The reason or reasons for the tour; and

(4) The number of citizens who are to participate in the tour.

B. A citizen shall mail a letter requesting a tour of a Division facility at least 4 weeks before a requested tour date to allow for a warden's review of the request and response to the applicant.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.05 Safety

COMAR 12.02.05.01 Purpose.

The purpose of this chapter is to establish a requirement for development of fire safety plans and a vehicle safety program for institutions and facilities, including State Use Industries.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.05.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Commissioner” means the Commissioner of the Division of Correction or a designee.

(2) “Division” means the Division of Correction.

(3) “Evacuation” means to move inmates and staff from a threatened area of fire or hazard of fire.

(4) “Fire plan” means the plan of evacuation, security, first aid, and firefighting for the institution.

(5) “Fire safety” means a policy and procedures which ensure an institution's safety from fire hazards.

(6) “Fleet safety coordinator” means a person who is the assigned representative in each motor vehicle safety activity.

(7) “Institution” means a building that is occupied by inmates and staff.

(8) “Motor vehicle” means a device which transports a person or property.

(9) “State vehicle” means a motor vehicle titled or leased to the State.

(10) “Support agency” means:

(a) A utility company;

(b) An emergency medical service;

(d) Another Division institution;

(e) Another agency which may assist an institution in case of fire; or

(f) An organization, business, or firm involved by a grant or contract.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.05.03 Fire Plan Elements.

The Commissioner shall ensure that:

A. Each warden develops a procedure to establish a fire plan in conjunction with the fire marshal of the locality.

B. Each warden appoints a fire safety officer who has completed a qualified fire safety program.

C. Each fire plan includes the following elements:

(1) Inspection by the fire safety officer of the institution on a monthly basis with required documentation sent to the warden and the Division headquarters.

(2) Annual review and revision as needed.

(3) Availability of the plan to staff.

(4) Posting of the fire plan in designated areas.

(5) Establishment of teams to conduct fire fighting, evacuation, security, and first aid.

(6) Fire stations for individual extinguishers.

(7) Teams for each extinguishing device.

(8) Conduct of quarterly fire drills which meet the following criteria:

(a) Under varying conditions;

(b) On a staggered basis;

(d) At random times; and

(e) On all shifts.

(9) Evacuation procedure associated with the conduct of a fire drill which considers security requirements and public safety.

(10) Establishment of an ongoing relationship with the local fire department to ensure:

(a) Understanding of community emergency service capabilities by institutional administration and staff; and

(b) Ongoing communication and coordination.

(11) Provision for good housekeeping standards within the institution.

(12) Requirement for constant vigilance by staff to detect and eliminate fire hazards.

(13) Development of a master list of each institutional fire extinguisher which includes the following provisions:

(a) Monitoring extinguisher charge levels;

(b) Recharging or filling of an extinguisher; and

(14) Testing of each alarm system by the fire safety officer on a quarterly basis with requirement for maintenance of appropriate documentation.

(15) Immediate notification of any fire of significance to Division headquarters. When the fire department is summoned to an institution, the warden or designee shall ensure that Division headquarters' personnel are notified according to the following:

(a) The Deputy Commissioner during normal business hours; or

(b) The Division duty officer during hours other than those set for normal business.

(16) Establishment of a contingency plan, coordinated with all participants, for transferring inmates to alternate facilities under emergency conditions.

(17) Mandatory training requirements for each employee to ensure understanding of the fire safety plan.

(18) Establishment of a list of support agencies which shall be reviewed and updated annually.

D. Each employee acknowledges awareness of the institution fire plan for the employee's place of employment.

E. When a fire occurs within an institution and the estimate of damage exceeds $1,000, the warden submits a written report to the Division fire safety officer within 5 working days.

F. Each inmate is made aware of the institution's fire response plan for inmates.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.05.04 Conduct of Fire Drills.

A. The Commissioner shall ensure that during a fire drill an entire inmate population is not evacuated at one time. Sections of an institution may be evacuated to other sections of the institution.

B. Each warden may simulate fire drill evacuations under conditions in which evacuation would not jeopardize institutional safety and control.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.05.05 Vehicle Safety and Preventive Maintenance.

A. The Commissioner shall ensure that Division guidelines for establishment of a vehicle safety program are based on requirements contained in the following:

(1) Maryland State Vehicle Fleet Policies and Procedures as published by the Department of Budget and Fiscal Planning; and

(2) The Governor's State Fleet Safety Committee Handbook.

B. The Commissioner shall ensure that:

(1) A fleet safety coordinator is designated for each institution having a vehicle assigned to it;

(2) Each fleet safety coordinator implements requirements included within the Governor's State Fleet Safety Committee Handbook.

C. The Commissioner shall ensure that each warden establishes a preventive maintenance program for each vehicle.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.06 Inmate Commitment

COMAR 12.02.06.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Adjustment proceeding” means a formal or informal disciplinary and appeal process used by a correctional facility to determine if an inmate has committed a violation of the facility rules.

(2) “Case Management team” means a group of correctional staff under COMAR 12.02.24.02.

(3) “Commissioner” means the Commissioner of Correction or a designee.

(4) “Diminution credit” means a day-for-day reduction of an inmate's term of confinement under Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland.

(5) “Division” means the Division of Correction.

(6) “Drug crime” means a violation under:

(a) Criminal Law Article, §5-621, Annotated Code of Maryland;

(b) Criminal Law Article, §5-303(d), Annotated Code of Maryland;

(d) Criminal Law Article, §5-602—5-609, Annotated Code of Maryland;

(e) Criminal Law Article, §§5-614, 5-617, 5-627, and 5-628, Annotated Code of Maryland; or

(f) Criminal Law Article, §1-202, Annotated Code of Maryland, if there is a conspiracy to commit a crime listed in §B(6)(a)—(e) of this regulation.

(7) “Education credit” means a diminution credit awarded under Correctional Services Article, §3-706, Annotated Code of Maryland.

(8) “Good conduct credit” means a diminution credit awarded under Correctional Services Article, §3-704, Annotated Code of Maryland.

(9) “Incarceration” means confinement resulting from a conviction, sentencing, and commitment to the custody of the Commissioner.

(10) “Mandatory supervision” means a conditional release from incarceration granted to an inmate under Correctional Services Article, §7-501, Annotated Code of Maryland, which includes a conditional release granted before July 1, 1989, formerly known as “mandatory release”.

(11) “Mandatory supervision release date” means the date computed by subtracting the credits which are awarded pursuant to Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland, from the maximum expiration date.

(12) “Maximum expiration date” means the date that an inmate's term of confinement expires.

(13) “Release by expiration of sentence” means the unconditional release of an inmate:

(a) Whose only sentence or sentences are for offenses committed before July 1, 1970, and who has served the term of confinement less the diminution credits awarded under Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland;

(b) Who has actually served the day-to-day maximum term of confinement under which the inmate is incarcerated; or

(14) “Release on mandatory supervision” means the conditional release of an inmate under the Correctional Services Article, §7-501, Annotated Code of Maryland.

(15) “Secretary” has the meaning stated in COMAR 12.01.01.02B(5).

(16) “Sentence” means a period of incarceration or supervision imposed by a judge.

(17) “Special projects credit” means a diminution credit awarded under Correctional Services Article, §3-707, Annotated Code of Maryland.

(18) “Term of confinement” means the period of an inmate's current incarceration. If an inmate is serving a:

(a) Single sentence, it is the period of confinement under that sentence;

(b) Combination of concurrent sentences, it is the period of confinement between the earliest starting date of those sentences and the latest expiration date of those sentences;

(c) Combination of consecutive sentences, it is the period of confinement between the starting date of the first consecutive sentence and the expiration date of the last consecutive sentence;

(d) Combination of concurrent and consecutive sentences, it is the period of confinement between the earliest starting date of the sentences and the last expiration date of the sentences; or

(e) Combination of sentences imposed before and after release on mandatory supervision or parole and the release on mandatory supervision or parole is revoked, it is the period of confinement between the earliest starting date of the sentences and the latest expiration date of the sentences, excluding time out of custody for which credit is not allowed.

(19) “Work tasks credit” means a diminution credit awarded under Correctional Services Article, §3-705, Annotated Code of Maryland.

Cross References

12.06.01.02B(30)

History

Administrative History: Effective date:
Administrative History: Regulations .01 and .05 adopted as an emergency provision effective April 1, 1990 (17:8 Md. R. 972); emergency status extended at 17:20 Md. R. 2421 and 18:9 Md. R. 1006, expired May 15, 1991 (Emergency provisions are temporary and not printed in COMAR)
Administrative History: Regulations .01—.08 adopted effective May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .01B amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .03 amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .04B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05C amended effective April 27, 1992 (19:8 Md. R. 806); August 3, 1992 (19:15 Md. R. 1391); April 12, 1993 (20:7 Md. R. 642); November 20, 1994 (21:23 Md. R. 1935); October 16, 2000 (27:20 Md. R. 1841)
Administrative History: Regulation .05E, G, N amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05N amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .05O adopted effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05O amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .06G, H, I, K, M amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: ——————
Administrative History: Chapter revised effective October 14, 2002 (29:20 Md. R. 1590)
Administrative History: Regulation .04E amended effective February 12, 2007 (34:3 Md. R. 300)
Administrative History: Regulation .04F amended effective July 1, 2007 (34:7 Md. R. 700)
Administrative History: Regulation .06 amended as an emergency provision effective May 1, 2009 (36:14 Md. R. 983); emergency status expired October 1, 2009
Administrative History: Regulation .06 amended effective October 19, 2009 (36:21 Md. R. 1592)
Authority: Correctional Services Article, §§2-109 and 3-107, Annotated Code of Maryland

COMAR 12.02.06.02 Parole Procedure for Life Sentences.

A. Under Correctional Services Article, §7-301(d)(2), Annotated Code of Maryland, an inmate who has been sentenced under Criminal Law Article, §2-303, Annotated Code of Maryland, to life imprisonment when the death penalty had been sought for a first degree murder offense which was committed on or after July 1, 1983, is not eligible for parole consideration until the inmate has served 25 years less any diminution of confinement credits.

B. According to Correctional Services Article, §7-301(d)(1), Annotated Code of Maryland, other inmates who have been sentenced to life imprisonment are not eligible for parole consideration until they have served 15 years less any diminution of confinement credits.

C. If an inmate is serving consecutive life sentences, the inmate is not eligible for parole consideration until the inmate has served the sum of the number of years required by §A or B for each life sentence less any diminution of confinement credits.

History

Administrative History: Effective date:
Administrative History: Regulations .01 and .05 adopted as an emergency provision effective April 1, 1990 (17:8 Md. R. 972); emergency status extended at 17:20 Md. R. 2421 and 18:9 Md. R. 1006, expired May 15, 1991 (Emergency provisions are temporary and not printed in COMAR)
Administrative History: Regulations .01—.08 adopted effective May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .01B amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .03 amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .04B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05C amended effective April 27, 1992 (19:8 Md. R. 806); August 3, 1992 (19:15 Md. R. 1391); April 12, 1993 (20:7 Md. R. 642); November 20, 1994 (21:23 Md. R. 1935); October 16, 2000 (27:20 Md. R. 1841)
Administrative History: Regulation .05E, G, N amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05N amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .05O adopted effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05O amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .06G, H, I, K, M amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: ——————
Administrative History: Chapter revised effective October 14, 2002 (29:20 Md. R. 1590)
Administrative History: Regulation .04E amended effective February 12, 2007 (34:3 Md. R. 300)
Administrative History: Regulation .04F amended effective July 1, 2007 (34:7 Md. R. 700)
Administrative History: Regulation .06 amended as an emergency provision effective May 1, 2009 (36:14 Md. R. 983); emergency status expired October 1, 2009
Administrative History: Regulation .06 amended effective October 19, 2009 (36:21 Md. R. 1592)
Authority: Correctional Services Article, §§2-109 and 3-107, Annotated Code of Maryland

COMAR 12.02.06.03 Diminution of Confinement.

A. Except as provided in §B of this regulation, this regulation applies to a term of confinement being served by an inmate in the Division.

B. This regulation does not apply to an indeterminate sentence for civil contempt.

C. Entitlement to Diminution Credit. An inmate is entitled to diminution of the inmate's term of confinement subject to Correctional Services Article, §3-711 and Title 7, Subtitle 5, Annotated Code of Maryland, from:

(1) The date of sentencing to the custody of the Commissioner; or

(2) If first serving a concurrent Maryland sentence in a foreign jurisdiction and later transferred to the custody of the Commissioner, the date the inmate is received into the physical custody of the Commissioner.

D. Local Jail Credit. Diminution credit awarded under the Correctional Services Article, §§11-503—11-507, Annotated Code of Maryland, to an inmate who is later transferred to the custody of the Commissioner and properly documented by a local detention facility, shall be applied to the inmate's term of confinement.

History

Administrative History: Effective date:
Administrative History: Regulations .01 and .05 adopted as an emergency provision effective April 1, 1990 (17:8 Md. R. 972); emergency status extended at 17:20 Md. R. 2421 and 18:9 Md. R. 1006, expired May 15, 1991 (Emergency provisions are temporary and not printed in COMAR)
Administrative History: Regulations .01—.08 adopted effective May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .01B amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .03 amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .04B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05C amended effective April 27, 1992 (19:8 Md. R. 806); August 3, 1992 (19:15 Md. R. 1391); April 12, 1993 (20:7 Md. R. 642); November 20, 1994 (21:23 Md. R. 1935); October 16, 2000 (27:20 Md. R. 1841)
Administrative History: Regulation .05E, G, N amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05N amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .05O adopted effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05O amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .06G, H, I, K, M amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: ——————
Administrative History: Chapter revised effective October 14, 2002 (29:20 Md. R. 1590)
Administrative History: Regulation .04E amended effective February 12, 2007 (34:3 Md. R. 300)
Administrative History: Regulation .04F amended effective July 1, 2007 (34:7 Md. R. 700)
Administrative History: Regulation .06 amended as an emergency provision effective May 1, 2009 (36:14 Md. R. 983); emergency status expired October 1, 2009
Administrative History: Regulation .06 amended effective October 19, 2009 (36:21 Md. R. 1592)
Authority: Correctional Services Article, §§2-109 and 3-107, Annotated Code of Maryland

COMAR 12.02.06.04 Application of Diminution Credits.

A. Diminution credit may be awarded under Correctional Services Article, §§3-703—3-707, Annotated Code of Maryland, in one or more of the following categories:

(1) Good conduct;

(2) Work tasks;

(3) Education; or

(4) Special projects.

B. Good Conduct Credit.

(1) An inmate shall be awarded an initial deduction from the inmate's term of confinement, subject to the inmate's future good conduct.

(2) A deduction under this subsection may not be awarded for a period during which an inmate does not receive credit for service of the inmate's term of confinement including a period:

(a) During which an inmate's sentence is stayed;

(b) During which the inmate has escaped; or

(c) For which the Maryland Parole Commission has declined to grant credit after revocation of parole or mandatory supervision.

C. Work Tasks Credit. An inmate may be awarded a deduction from the inmate's term of confinement for satisfactory performance of work tasks assigned to the inmate.

D. Education Credit. An inmate may be awarded a deduction from the inmate's term of confinement for satisfactory industry, application, and progress in education programs.

E. Special Projects Credit.

(1) The Commissioner, with the approval of the Secretary and based on the Division's current policy and procedure, may establish a list of assignments and programs that qualify for special projects credit which include, but need not be limited to, the following:

(a) Prison industry assignments;

(b) Education programs;

(d) Work release employment; or

(e) Rehabilitation programs including, but not limited to, programs addressing:

(i) Substance abuse; and

(ii) Criminal behavior.

(2) Special projects credit awarded by a local detention center, between the date an inmate is sentenced to the custody of the Commissioner and the date the inmate is transferred to the Division, shall qualify as special projects credit.

F. Special Projects Credit for Housing.

(1) Except as provided in §F(3) of this regulation, an inmate may be awarded special projects credit for housing under Correctional Services Article, §3-707, Annotated Code of Maryland, if the inmate is:

(a) Assigned to a cell containing two beds and is not serving a period of disciplinary segregation; or

(b) Housed in a dormitory or dormitory-type housing and the housing area where the inmate is confined does not provide 55 square feet of living space per inmate, exclusive of dayrooms, toilets, and showers.

(2) An inmate may be awarded a maximum of five special projects credits for housing for each calendar month, and on a prorated basis for any portion of a calendar month, beginning on a date and ending on a date the Secretary determines appropriate, based on the demand for inmate housing and services in the Division, subject to §§F(3) and G of this regulation.

(3) An inmate may not be awarded special projects credit under this section during the inmate's term of confinement if the inmate is serving a term of confinement that includes a:

(a) Sentence for:

(i) Abduction;

(ii) Arson in the first degree;

(iii) Carjacking or armed carjacking;

(iv) Kidnapping;

(v) Manslaughter, except involuntary manslaughter;

(vi) Mayhem and maiming, as previously proscribed under Article 27, §§384—386, Annotated Code of Maryland;

(vii) Murder or attempted murder;

(viii) Use of a handgun in the commission of a felony or other crime of violence;

(ix) Child abuse, abuse or neglect of a vulnerable adult, or child sale, barter, or trade under Criminal Law Article, §3-601, 3-602, or 3-603, Annotated Code of Maryland;

(x) Assault on a Division inmate or employee under Criminal Law Article, §3-205, Annotated Code of Maryland;

(xi) A drug crime;

(xii) An offense which would cause the offender to be defined as a child sexual offender, offender, sexually violent offender, or sexually violent predator under Criminal Procedure Article, Title 11, Subtitle 7, Annotated Code of Maryland; or

(xiii) A crime committed on or after July 1, 2007.

(b) Mandatory sentence for the commission of a felony; or

(4) This section may not be interpreted, understood, or construed to mean that an inmate who is eligible to receive the credits described in this section has a right to these credits or that an inmate will continue to receive these credits in the future.

G. An inmate may not be awarded more than 20 diminution credits for a calendar month.

Cross References

12.02.06.05C

History

Administrative History: Effective date:
Administrative History: Regulations .01 and .05 adopted as an emergency provision effective April 1, 1990 (17:8 Md. R. 972); emergency status extended at 17:20 Md. R. 2421 and 18:9 Md. R. 1006, expired May 15, 1991 (Emergency provisions are temporary and not printed in COMAR)
Administrative History: Regulations .01—.08 adopted effective May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .01B amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .03 amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .04B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05C amended effective April 27, 1992 (19:8 Md. R. 806); August 3, 1992 (19:15 Md. R. 1391); April 12, 1993 (20:7 Md. R. 642); November 20, 1994 (21:23 Md. R. 1935); October 16, 2000 (27:20 Md. R. 1841)
Administrative History: Regulation .05E, G, N amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05N amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .05O adopted effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05O amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .06G, H, I, K, M amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: ——————
Administrative History: Chapter revised effective October 14, 2002 (29:20 Md. R. 1590)
Administrative History: Regulation .04E amended effective February 12, 2007 (34:3 Md. R. 300)
Administrative History: Regulation .04F amended effective July 1, 2007 (34:7 Md. R. 700)
Administrative History: Regulation .06 amended as an emergency provision effective May 1, 2009 (36:14 Md. R. 983); emergency status expired October 1, 2009
Administrative History: Regulation .06 amended effective October 19, 2009 (36:21 Md. R. 1592)
Authority: Correctional Services Article, §§2-109 and 3-107, Annotated Code of Maryland

COMAR 12.02.06.05 Revocation of Diminution Credit.

A. Diminution credits awarded for participation in education programs may not be revoked under any circumstances.

B. Good conduct credit and special projects credit may be revoked as the result of an adjustment proceeding.

C. The Commissioner shall revoke all special projects credit for housing awarded under Regulation .04F of this chapter if, within 60 days before an inmate's release on mandatory supervision, the inmate is found guilty of an institutional rule violation for:

(1) Assault;

(2) Possession of:

(a) A weapon or any other article which has been modified into a weapon;

(b) An implement which could be reasonably used to perpetrate an escape;

(d) Unauthorized medication;

(e) Stolen property; or

(f) Cash, checks, or money orders in excess of the amount authorized under procedures established by the institution where the inmate is housed;

(3) Escape; or

(4) Attempted escape.

D. Credit revoked under this section may be restored under Regulation .06 of this chapter.

History

Administrative History: Effective date:
Administrative History: Regulations .01 and .05 adopted as an emergency provision effective April 1, 1990 (17:8 Md. R. 972); emergency status extended at 17:20 Md. R. 2421 and 18:9 Md. R. 1006, expired May 15, 1991 (Emergency provisions are temporary and not printed in COMAR)
Administrative History: Regulations .01—.08 adopted effective May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .01B amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .03 amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .04B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05C amended effective April 27, 1992 (19:8 Md. R. 806); August 3, 1992 (19:15 Md. R. 1391); April 12, 1993 (20:7 Md. R. 642); November 20, 1994 (21:23 Md. R. 1935); October 16, 2000 (27:20 Md. R. 1841)
Administrative History: Regulation .05E, G, N amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05N amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .05O adopted effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05O amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .06G, H, I, K, M amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: ——————
Administrative History: Chapter revised effective October 14, 2002 (29:20 Md. R. 1590)
Administrative History: Regulation .04E amended effective February 12, 2007 (34:3 Md. R. 300)
Administrative History: Regulation .04F amended effective July 1, 2007 (34:7 Md. R. 700)
Administrative History: Regulation .06 amended as an emergency provision effective May 1, 2009 (36:14 Md. R. 983); emergency status expired October 1, 2009
Administrative History: Regulation .06 amended effective October 19, 2009 (36:21 Md. R. 1592)
Authority: Correctional Services Article, §§2-109 and 3-107, Annotated Code of Maryland

COMAR 12.02.06.06 Restoration of Revoked Diminution Credit.

A. Except under §C of this regulation, upon the recommendation of case management staff, a warden may restore diminution credit revoked during the current incarceration.

B. Case management staff may recommend restoration of revoked diminution credit for an inmate who:

(1) Has no guilty finding for an inmate rule violation in the preceding 6 months;

(2) Is not serving a period of disciplinary segregation;

(3) Has not been in disciplinary segregation in the preceding 6 months;

(4) With the application of the maximum amount of restored diminution credit, is within 12 months of release; and

(5) Has:

(a) Not received prior consideration for restoration of diminution credit during the current term of confinement; or

(b) Received prior consideration for restoration of diminution credit where, as part of that consideration, a condition was imposed that the inmate was required to meet before a second consideration to restore revoked diminution credit would be given under this regulation.

C. Refusal to Submit to Medical Testing or Provide a DNA Sample.

(1) A warden may restore, with a recommendation from case management staff, diminution credit revoked for an inmate's refusal to:

(a) Submit to a medical test affecting the public health or facility security; or

(b) Provide a DNA sample.

(2) Before a warden restores diminution credit revoked for refusing to submit to medical testing or provide a DNA sample, a warden shall verify that the inmate has submitted to the required medical test or provided the DNA sample.

D. An inmate has no entitlement to approval of restoration of revoked credit.

Cross References

12.02.06.05D

History

Administrative History: Effective date:
Administrative History: Regulations .01 and .05 adopted as an emergency provision effective April 1, 1990 (17:8 Md. R. 972); emergency status extended at 17:20 Md. R. 2421 and 18:9 Md. R. 1006, expired May 15, 1991 (Emergency provisions are temporary and not printed in COMAR)
Administrative History: Regulations .01—.08 adopted effective May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .01B amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .03 amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .04B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05C amended effective April 27, 1992 (19:8 Md. R. 806); August 3, 1992 (19:15 Md. R. 1391); April 12, 1993 (20:7 Md. R. 642); November 20, 1994 (21:23 Md. R. 1935); October 16, 2000 (27:20 Md. R. 1841)
Administrative History: Regulation .05E, G, N amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05N amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .05O adopted effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05O amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .06G, H, I, K, M amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: ——————
Administrative History: Chapter revised effective October 14, 2002 (29:20 Md. R. 1590)
Administrative History: Regulation .04E amended effective February 12, 2007 (34:3 Md. R. 300)
Administrative History: Regulation .04F amended effective July 1, 2007 (34:7 Md. R. 700)
Administrative History: Regulation .06 amended as an emergency provision effective May 1, 2009 (36:14 Md. R. 983); emergency status expired October 1, 2009
Administrative History: Regulation .06 amended effective October 19, 2009 (36:21 Md. R. 1592)
Authority: Correctional Services Article, §§2-109 and 3-107, Annotated Code of Maryland

COMAR 12.02.06.07 Establishing a Diminution of Confinement Record.

A. The Commissioner shall maintain a system for administering the diminution of confinement for each inmate.

B. A diminution of confinement record shall:

(1) Be established on the date that an inmate is received into the custody of the Commissioner;

(2) Contain entries reflecting all diminution credits awarded, revoked, or restored; and

(3) Reflect a current and accurate record of diminution credit affecting an inmate's term of confinement.

C. The Commissioner shall ensure that staff responsible for maintaining the diminution of confinement record are notified within 5 days of:

(1) The date of an inmate's assignment to and subsequent removal from:

(a) A work assignment;

(b) An education program; or

(2) Revocation of an inmate's good conduct or special projects credit, or both; and

(3) The warden's approval to restore an inmate's revoked diminution credit.

History

Administrative History: Effective date:
Administrative History: Regulations .01 and .05 adopted as an emergency provision effective April 1, 1990 (17:8 Md. R. 972); emergency status extended at 17:20 Md. R. 2421 and 18:9 Md. R. 1006, expired May 15, 1991 (Emergency provisions are temporary and not printed in COMAR)
Administrative History: Regulations .01—.08 adopted effective May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .01B amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .03 amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .04B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05C amended effective April 27, 1992 (19:8 Md. R. 806); August 3, 1992 (19:15 Md. R. 1391); April 12, 1993 (20:7 Md. R. 642); November 20, 1994 (21:23 Md. R. 1935); October 16, 2000 (27:20 Md. R. 1841)
Administrative History: Regulation .05E, G, N amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05N amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .05O adopted effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05O amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .06G, H, I, K, M amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: ——————
Administrative History: Chapter revised effective October 14, 2002 (29:20 Md. R. 1590)
Administrative History: Regulation .04E amended effective February 12, 2007 (34:3 Md. R. 300)
Administrative History: Regulation .04F amended effective July 1, 2007 (34:7 Md. R. 700)
Administrative History: Regulation .06 amended as an emergency provision effective May 1, 2009 (36:14 Md. R. 983); emergency status expired October 1, 2009
Administrative History: Regulation .06 amended effective October 19, 2009 (36:21 Md. R. 1592)
Authority: Correctional Services Article, §§2-109 and 3-107, Annotated Code of Maryland

COMAR 12.02.06.08 Notification of Release.

Before release of an inmate for mandatory supervision or expiration of sentence, the commitment office supervisor, or a designee, shall notify the victim of the crime for which the inmate was incarcerated, if the victim has filed a written request for notification.

History

Administrative History: Effective date:
Administrative History: Regulations .01 and .05 adopted as an emergency provision effective April 1, 1990 (17:8 Md. R. 972); emergency status extended at 17:20 Md. R. 2421 and 18:9 Md. R. 1006, expired May 15, 1991 (Emergency provisions are temporary and not printed in COMAR)
Administrative History: Regulations .01—.08 adopted effective May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .01B amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .03 amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .04B amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05C amended effective April 27, 1992 (19:8 Md. R. 806); August 3, 1992 (19:15 Md. R. 1391); April 12, 1993 (20:7 Md. R. 642); November 20, 1994 (21:23 Md. R. 1935); October 16, 2000 (27:20 Md. R. 1841)
Administrative History: Regulation .05E, G, N amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05N amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .05O adopted effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: Regulation .05O amended as an emergency provision effective January 1, 2002 (29:4 Md. R. 413); emergency status extended at 29:15 Md. R. 1140; emergency provisions are temporary and not printed in COMAR
Administrative History: Regulation .06G, H, I, K, M amended effective April 27, 1992 (19:8 Md. R. 806)
Administrative History: ——————
Administrative History: Chapter revised effective October 14, 2002 (29:20 Md. R. 1590)
Administrative History: Regulation .04E amended effective February 12, 2007 (34:3 Md. R. 300)
Administrative History: Regulation .04F amended effective July 1, 2007 (34:7 Md. R. 700)
Administrative History: Regulation .06 amended as an emergency provision effective May 1, 2009 (36:14 Md. R. 983); emergency status expired October 1, 2009
Administrative History: Regulation .06 amended effective October 19, 2009 (36:21 Md. R. 1592)
Authority: Correctional Services Article, §§2-109 and 3-107, Annotated Code of Maryland

12.02.07 Case Management Process

COMAR 12.02.07.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “CARC” means a community adult rehabilitation center established under Correctional Services Article, Title 11, Subtitle 3, Annotated Code of Maryland, and COMAR 12.02.03.

(2) “Commissioner” means Commissioner of the Division of Correction, or designee.

(3) “Confidential material” means:

(a) Addresses and telephone numbers on victim impact letters;

(b) Police reports;

(d) Presentence investigations;

(e) Psychological reports, psychiatric evaluations, evaluation reports, and social histories;

(f) Parole progress file; and

(g) Correspondence relating to therapy.

(4) “Division” means Division of Correction.

(5) “Escape” means a documented incident of unauthorized absence from lawful confinement or custody, except for an inmate on work release, or an inmate assigned to the central home detention unit who is convicted solely of unauthorized absence or being out of bounds.

(6) “G housing identifier” means that the inmate has been reviewed for placement in the general population and is considered suitable for double-celling or dormitory housing.

(7) Inmate Records.

(a) “Inmate records” means the written information that is assembled, maintained, and used in accordance with the provisions of Correctional Services Article, §§3-601—3-608, Annotated Code of Maryland.

(b) “Inmate records” includes:

(i) Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed for that conviction;

(ii) The inmate's prior criminal and juvenile history, and relevant records concerning it;

(iii) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate;

(iv) School records;

(v) Information concerning the inmate's prior medical and mental health history, including relevant medical and hospital records and reports; and

(vi) Other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history.

(8) “MAP” means mutual agreement programming which is a process of negotiating agreements among an inmate, the Maryland Parole Commission, and the Division.

(9) “S housing identifier” means that special factors preclude the inmate's assignment to the general population and require single-celling. Special factors include a history of the following:

(a) Aggressive behavior;

(b) Medical problems;

(d) Victimization by other inmates.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulations .02, .03, and .05 amended as an emergency provision effective July 30, 1991 (18:17 Md. R. 1912); emergency status extended at 18:26 Md. R. 2828; emergency status expired February 28, 1992; amended permanently effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulations .01—.05 amended effective June 17, 1996 (23:12 Md. R. 872)
Authority: Correctional Services Article, §§2-109(c), 3-601, and 3-603, Annotated Code of Maryland

COMAR 12.02.07.02 Case Management Procedure.

A. In classifying an inmate committed to its custody, the Division uses a review in accordance with Correctional Services Article, §9-305, Annotated Code of Maryland, which requires:

(1) The consideration of case information; and

(2) An administrative process.

B. Case management team membership, when team action is required, shall be comprised of staff approved by the Commissioner.

C. An inmate who escapes from, or while assigned to, a minimum or prerelease security facility shall, upon return, be housed within a medium security facility without case management action.

D. An inmate with a sentence of life or death shall be initially classified to not less than the maximum security level.

E. An inmate received into the Division with a sentence of 1 year or less for a nonviolent offense, absent documentation to the contrary, shall be classified to the minimum security level or the prerelease security level.

F. The Commissioner shall designate which actions shall be reviewed by case management staff.

G. An inmate may pursue informal remedy of complaints regarding a case management action or formal remedy by writing to the Inmate Grievance Office.

H. The warden shall ensure that the parties concerned in the case management process understand that:

(1) Reclassification does not imply that a change will occur, but rather, serves as a means of systematically monitoring progress; and

(2) Simply achieving a score which makes an inmate eligible for a change does not guarantee or imply that a change will occur.

I. Notwithstanding the provisions of this or any other regulation and consistent with the law, the Commissioner, and those the Commissioner authorizes, have the discretion to modify, suspend, or terminate for any reason the process described in this regulation. Similarly, the Commissioner or the Commissioner's representatives retain the discretion to modify the classification and assignment of any inmate at any time for any reason.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulations .02, .03, and .05 amended as an emergency provision effective July 30, 1991 (18:17 Md. R. 1912); emergency status extended at 18:26 Md. R. 2828; emergency status expired February 28, 1992; amended permanently effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulations .01—.05 amended effective June 17, 1996 (23:12 Md. R. 872)
Authority: Correctional Services Article, §§2-109(c), 3-601, and 3-603, Annotated Code of Maryland

COMAR 12.02.07.03 Case Management Approval Process.

A. The assigned case management specialist shall prepare the appropriate form to consider the actions designated in this regulation and submit the completed form for team or administrative review.

B. A reviewing supervisor or members of a team shall:

(1) Review the completed form;

(2) Record their recommendations and rationales;

(3) Sign the form;

(4) Check the box provided on the form to reflect their personal concurrence or nonconcurrence with the recommended action;

(5) If nonconcurring, record in the space provided a brief supporting rationale;

(6) Ensure compliance with a written request from a crime victim to read a victim impact statement at a case management hearing at which an inmate is considered for:

(a) Family leave,

(b) Special leave, and

(7) Forward the form to the warden or designee for review.

C. The warden shall review a case management action which, by law or Division directive, requires the warden's personal review.

D. The warden shall review a case management recommendation in §C of this regulation and:

(1) Approve the recommendation; or

(2) With a written rationale:

(a) Disapprove the recommendation,

(b) Order further proceedings, or

E. The warden of the Maryland Reception, Diagnostic, and Classification Center may substitute another institution of the same security level of the institution recommended by case management staff for an inmate's initial placement.

F. The Commissioner shall encourage each warden to review personally all case management recommendations, but with the exception of the specific case management action in §C of this regulation, may delegate them to a designee who shall review and:

(1) Approve the recommendation; or

(2) With a written rationale:

(a) Disapprove the recommendation,

(b) Order further proceedings, or

G. A warden or, as permitted, a warden's designee shall sign and date the appropriate case management form in the spaces provided and return it to the inmate's assigned case management specialist for further processing.

H. The following case management recommendations which have been approved by a warden shall be submitted to the Commissioner:

(1) Family leave;

(2) Special leave;

(3) Interstate Corrections Compact transfer;

(4) MAP requirement;

(5) Case management staff recommendation regarding contractual transfer to the Federal Bureau of Prisons, regardless of the nature of the staff's or the warden's recommendation; and

(6) Assignment to the home detention program.

I. The Commissioner shall review a case management recommendation in §H of this regulation and:

(1) Approve the recommendation; or

(2) With a written rationale:

(a) Disapprove the recommendation,

(b) Order further proceedings, or

J. The Commissioner shall ensure that the assigned case management staff shall:

(1) Notify the inmate of the final result of action required by this regulation;

(2) Distribute the required form; and

(3) Ensure that the final result is recorded on the inmate institutional progress sheet, along with the date of the final action.

K. The Commissioner shall ensure that:

(1) An employee involved in the case management process is trained in the use of this regulation;

(2) A review of this regulation is provided to a newly received inmate as part of orientation; and

(3) An authorized terminal operator enters complete and accurate data after each initial security designation and security reclassification.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulations .02, .03, and .05 amended as an emergency provision effective July 30, 1991 (18:17 Md. R. 1912); emergency status extended at 18:26 Md. R. 2828; emergency status expired February 28, 1992; amended permanently effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulations .01—.05 amended effective June 17, 1996 (23:12 Md. R. 872)
Authority: Correctional Services Article, §§2-109(c), 3-601, and 3-603, Annotated Code of Maryland

COMAR 12.02.07.04 Access to Records.

A. The Division shall compile and maintain a complete record and history of an inmate.

B. The Division shall also record a full and accurate description of an inmate committed to it, including photographs.

C. The Division shall seek the cooperation of State and local officials and agencies in order to obtain required information. Division staff shall promptly request the information, records, and reports from these officials to ensure that this section is complied with.

D. A warden may grant access to an inmate's records, except for a presentence investigation, without a written request, to:

(1) A provider of medical services, if the record is necessary to assure medical care;

(2) The inmate's attorney;

(3) An individual authorized by court order;

(4) An individual authorized by law;

(5) A Maryland judge; and

(6) A State's attorney.

E. A warden may grant access to an inmate's records, except for a presentence investigation, with a written request, to an:

(1) Employee of a State department or agency if the request is in the furtherance of the employee's lawful duties;

(2) Employee of a State, federal, or local law enforcement agency, if the request is in the furtherance of the employee's lawful duties; and

(3) Inmate or individual who has the written authorization of the inmate.

F. The Commissioner shall ensure that before granting access to an individual identified in §§D and E of this regulation, except a Maryland judge or a State's attorney, a warden shall also be satisfied that the records:

(1) Shall be used only for legitimate purposes of the individual or agency receiving them and not for an improper or unauthorized purpose; and

(2) May not be further disseminated to an individual or agency not authorized to receive them.

G. The Commissioner shall ensure that a warden grants access to an inmate's presentence investigation, upon request, to the inmate's attorney or to a State's attorney. The Commissioner shall ensure that a warden denies other requests for access to an inmate's presentence investigation unless the access is specifically granted by a court order or the access is requested for the use of a correctional institution.

H. The Commissioner shall ensure that:

(1) Records are reviewed in the presence of an institutional employee;

(2) A charge authorized by law is made for all photocopies provided; and

(3) A log containing the following is maintained:

(a) Date of review,

(b) Name of inmate,

(d) Name of the person requesting access,

(e) Reason for the request, and

(f) Warden's signature for each approved request for access to inmate records.

I. Attorney Access to Base File Information.

(1) An attorney shall provide the Commissioner with a minimum of 24 hours notice in writing. A specific reason for the request shall be stated by the attorney. Merely noting “legal” is insufficient.

(2) Before review, the attorney shall provide the warden with an authorization for release of records form signed by the inmate.

(3) The Commissioner shall ensure that an attorney is required to show proper identification before access is permitted.

(4) An attorney may review only those records for which the request has been made in accordance with this regulation.

(5) If the records are to be reviewed by an employee or agent of the attorney, the Commissioner shall ensure that proper identification accompanies the employee and can be produced upon request.

(6) Records shall be reviewed in the presence of an institutional employee.

(7) Medical records which are the property of the Division are maintained by an outside medical provider. A request for these records shall be made in writing directly to the medical provider.

J. Inmate Access to Base File Information.

(1) An inmate may obtain access to base file information in accordance with procedures described in this section.

(2) A request for records review shall be submitted in writing to the warden and an acknowledgement of a request received shall be sent to the inmate.

(3) A review shall be scheduled within a reasonable time and conducted in the presence of Division staff.

(4) The name of an inmate shall be placed on a list maintained by the records department for inmates requesting file review.

(5) Records department personnel shall schedule records review.

(6) The records department shall ensure that material to which an inmate may not have access is removed.

(7) An inmate shall be permitted to review the inmate's base file once every 6 months, unless additional reviews are approved by the warden.

K. Inmate Access to Confidential Psychological Information.

(1) An inmate may obtain access to confidential psychological information in the inmate's base file in accordance with procedures described in this section.

(2) An inmate shall send a written request for access to the warden.

(3) A warden shall review a request with the appropriate psychology staff and decide if access may be granted.

(4) Access to psychological information may be denied by the warden if, in the opinion of the psychology staff, access to this information is psychologically contraindicated.

(5) If access is denied, the warden shall ensure that a summary of the records that are compatible with the inmate's current level of functioning shall be prepared and made available.

L. Fees.

(1) The custodian of records shall collect a fee for copying and a fee for preparation of the materials from the requesting party. However, the custodian may not levy a preparation fee for the first 2 hours of official employee time that is needed to respond to a request. Copying and preparation fees shall be posted in the records department.

(2) A charge may not be made if the total amount of the fee is $1 or less.

(3) The Commissioner may waive the fee if the waiver is in the public interest.

(4) Photocopying will be done only after normal procedures have been followed for withdrawing money from the inmate's financial account or, in the case of outside parties, upon satisfactory arrangements for payment by the requesting party.

M. Appeals.

(1) If permission for access is granted, the records shall be reviewed in the presence of Division personnel. A record of this review shall be placed in the inmate's base file by records department personnel.

(2) If permission is denied, the person making the request shall be notified in writing. This notification shall be made part of the inmate's base file. An appeal of the warden's decision to deny access may be made to the office of the Commissioner. The Commissioner shall make a final determination on the request in accordance with COMAR 12.11.02.11.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulations .02, .03, and .05 amended as an emergency provision effective July 30, 1991 (18:17 Md. R. 1912); emergency status extended at 18:26 Md. R. 2828; emergency status expired February 28, 1992; amended permanently effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulations .01—.05 amended effective June 17, 1996 (23:12 Md. R. 872)
Authority: Correctional Services Article, §§2-109(c), 3-601, and 3-603, Annotated Code of Maryland

COMAR 12.02.07.05 Request for Inactive Inmate Records Maintained at the State Records Center.

A. A case management manager, supervisor, or designee shall ensure that a reference request form is prepared when an inmate's records are requested from the State Records Center.

B. A case management manager, supervisor, or designee shall notify the State Records Center of the records which are needed for review and obtain the records at the State Records Center, Waterloo, Maryland.

C. When the records are no longer needed, the case management manager, supervisor, or designee shall return the record to the State Records Center.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulations .02, .03, and .05 amended as an emergency provision effective July 30, 1991 (18:17 Md. R. 1912); emergency status extended at 18:26 Md. R. 2828; emergency status expired February 28, 1992; amended permanently effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulations .01—.05 amended effective June 17, 1996 (23:12 Md. R. 872)
Authority: Correctional Services Article, §§2-109(c), 3-601, and 3-603, Annotated Code of Maryland

12.02.08 Custody and Security

COMAR 12.02.08.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Adverse job action” means a disruption to the normal operational order of the institution by concerted action or inaction of an institution's employees.

(2) “Disturbance” means a situation which disrupts the normal operational order of an institution, and for which the assistance of additional off-duty staff may be required.

(3) “Division” means Division of Correction.

(4) “Major emergency” means a situation occurring within a facility or on surrounding State property under the jurisdiction of the Division requiring the deployment of resources internal or external to save lives, protect property and public safety, or to avert or lessen the severity of the situation. An emergency condition exists if the situation poses a severe threat to maintaining the desired level of security and safety of those inside.

(5) “Maximum security” means the second highest security level which provides secure housing for an inmate who:

(a) Poses a high risk of violence;

(b) Is a significant escape risk;

(d) Is likely to have serious disciplinary problems.

(6) “Medium security” means the third highest security level which provides housing for an inmate who:

(a) Poses some risk of violence;

(b) Is a moderate escape risk; or

(7) “Minimum security” means the next to lowest security level which provides housing for an inmate who:

(a) Poses less risk of violence;

(b) Poses less risk of escape; or

(8) “Perimeter” means the wall or fence surrounding an institution.

(9) “Prerelease security” means the lowest security level which provides housing for an inmate who:

(a) Presents the least risk of violence;

(b) Presents the least risk of escape; and

(10) “Security”means an institution's physical features which help control inmate behavior and prevent escape.

(11) “Super maximum security” means the highest security level. A super maximum security institution provides secure housing within a secure perimeter. Features include single-celling, extremely limited institutional movement, constant observation, and limited inmate-to-staff and inmate-to-inmate contact to control the behavior of an inmate who has demonstrated an inability to be housed in an institution of lesser security.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.08.02 Security Levels.

A. A super maximum security institution provides the highest level of secure housing within a secure perimeter for an inmate who:

(1) Poses a high risk of violence;

(2) Is a significant escape risk;

(3) Has a history of serious institutional disciplinary problems or is likely to have serious disciplinary problems; and

(4) Has demonstrated an inability to be housed in an institution of lesser security.

B. A maximum security institution provides secure housing within a secure perimeter to control the behavior of an inmate who:

(1) Poses a high risk of violence;

(2) Is a significant escape risk;

(3) Has a history of serious institutional disciplinary problems; or

(4) Is likely to have serious disciplinary problems.

C. A medium security institution provides secure housing within a secure perimeter for an inmate who:

(1) Poses some risk of violence;

(2) Is a moderate escape risk; or

(3) Has a limited history of institutional disciplinary problems.

D. A minimum security institution has fewer security features for an inmate who:

(1) Poses less risk of violence;

(2) Poses less risk of escape; or

(3) Has a minimal history of disciplinary problems.

E. A prerelease security institution has the security features for an inmate who:

(1) Presents the least risk of violence;

(2) Presents the least risk of escape; and

(3) Has a record of satisfactory institutional behavior.

F. The assignment of an inmate to a security level is based on the following three principles:

(1) An inmate is assigned to the appropriate security level necessary to control the inmate's behavior;

(2) Security may not be increased as a means of punishment; and

(3) Assignment of a security level is based on objective behavior-oriented factors.

G. The following factors relate to the physical configuration of an institution and are used to establish security levels:

(1) The number and type of perimeter barriers;

(2) Existence and period of operation of gun towers;

(3) Use of external perimeter patrols;

(4) Use of detection devices; and

(5) Housing configuration of the institution.

H. The following factors relate to the degree of staff supervision of an inmate:

(1) Level of observation;

(2) Day movement;

(3) Night movement;

(4) Meal movement;

(5) Access to jobs and programs;

(6) Institutional visits;

(7) Transportation; and

(8) Special, compassionate, or family leaves.

I. The Commissioner shall ensure that when a group of maximum or medium security level inmates are being transported, the shift commander:

(1) Ensures that the inmates are transported in a secured vehicle;

(2) Determines the number of correctional officers assigned to escort duty and authorizes the appropriate weapons to be carried;

(3) Assigns to escort duty at least one correctional officer of the same sex as the inmates being transported; and

(4) If minimum or prerelease security level inmates are included in the group, ensures that they are restrained in the same manner as the maximum or medium security level inmates.

J. If a group of minimum or prerelease level inmates are being transported, the shift commander may transport them without restraints by on-duty staff other than correctional officers.

K. The Commissioner shall ensure that correctional officers assigned to escort duty:

(1) Are qualified in the use of firearms, trained and experienced in transporting inmates, familiar with good security practices, and have appropriate vehicle operators' permits;

(2) Provide supervision to a probationary correctional officer who is assigned to escort duty;

(3) Obtain from the institutional control center an escort I.D. card for an inmate to be transported, and return the card to the institution control center when the inmate is returned to the institution;

(4) Ensure that restraint devices remain on an inmate while in a courtroom unless the presiding judge or magistrate orders otherwise;

(5) While escorting an inmate being treated or admitted to outside medical facilities:

(a) Notify medical facility security personnel when an inmate arrives at a medical facility,

(b) Ensure that restraint devices remain on an inmate while in a medical facility, unless a health care provider, due to medical circumstances, directs otherwise,

(c) Maintain an inmate in view at all times, unless an inmate's medical treatment makes this impossible, in which case the officer shall assume a position as close to the inmate as possible,

(d) Ensure that an inmate receives only items which have been approved by Division or medical facility staff,

(e) Ensure that an inmate is allowed to make a telephone call only when the warden or designee has granted specific written permission,

(f) Ensure that any visit the inmate receives is in accordance with COMAR 12.02.16, institutional directives, and medical facility policies,

(g) Ensure that an inmate is allowed only in an authorized area of a medical facility,

(h) Ensure that an inmate does not receive personal visitors, and

(i) Obtain a written receipt for an inmate who is left in the custody of a law enforcement or other authorized agency.

Cross References

12.02.29.03A(1)

12.02.29.03B(1)

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.08.03 Emergency Preparedness Program.

A. The Commissioner shall develop and implement an emergency preparedness program for major emergencies which may affect the safety and security of a facility. The program shall include procedures for the following:

(1) Establishment of command responsibility;

(2) Isolation, containment, and control of the emergency situation; and

(3) Reestablishment to normal operational order following resolution of the emergency situation.

B. An emergency preparedness program shall ensure the personal safety for each of the following:

(1) Visitors;

(2) Civilian and security staff; and

(3) Inmates.

C. The Commissioner shall ensure that a major emergency included within the emergency preparedness plan is documented in accordance with Division regulations.

D. The Commissioner shall ensure that emergency preparedness program plans are coordinated with, and communicated to, allied agencies which may be called upon for assistance during institutional emergency conditions.

E. The Commissioner shall ensure staff awareness of emergency preparedness programs.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.09 Medical Services

COMAR 12.02.09.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Abortion” means spontaneous or induced termination of pregnancy.

(2) “Commissioner” means Commissioner of the Division of Correction or designee.

(3) “Director” means Director, Health and Mental Health Services of the Division.

(4) “Division” means Division of Correction.

(5) “Involuntary admission” means admission of an inmate to a psychiatric hospital other than voluntarily.

(6) “Medical parole” means a parole granted to an inmate because of a diagnosed serious medical condition.

(7) “Parole” means a conditional early release of an inmate from the Division of Correction.

(8) “Postnatal care” means the necessary intervention affording health care and support to the infant.

(9) “Postpartum care” means the necessary intervention affording health care and support to a recently delivered mother.

(10) “Pregnancy” means the gestational process of growth and development within a woman of a new individual from conception through the embryonic and fetal periods to birth.

(11) “Prenatal care” means the necessary intervention affording health care both to the woman and to the fetus during pregnancy and before birth.

(12) “Terminal” means ending in death.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.09.02 Inmate Pregnancy.

A. Assessment and Treatment.

(1) The health services provider shall provide a complete history, physical examination, and definitive laboratory test to determine pregnancy when requested by:

(a) The inmate;

(b) Medical staff; or

(2) Prenatal and postpartum care shall be provided in accordance with acceptable health services standards to include:

(a) Regular appointments with an accredited obstetrical clinic;

(b) Medications as necessary; and

B. The Commissioner shall ensure that standards are developed to address:

(1) Prenatal care;

(2) Postnatal care;

(3) Postpartum care;

(4) Abortion;

(5) Hospital admission;

(6) Disposition of the child in accordance with Correctional Services Article, §9-601, Annotated Code of Maryland; and

(7) Executive clemency.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.09.03 Involuntary Admission of an Inmate to a Psychiatric Hospital.

A. The warden shall:

(1) Ensure that an admission to a mental hospital is limited to a Maryland Department of Health psychiatric hospital; and

(2) Comply with the requirements for an involuntary admission under Health-General Article, §§10-613—10-617, Annotated Code of Maryland.

B. A Division institution transferring an inmate shall provide the Maryland Department of Health psychiatric hospital with the following information:

(1) Current condition of inmate;

(2) The inmate's medical and psychiatric history;

(3) Circumstances threatening the life or safety of the inmate or others; and

(4) Current medication and other treatment being provided to the inmate.

C. A Division institution that transfers an inmate to a Maryland Department of Health psychiatric hospital shall pick up and return the inmate to the Division institution following notification by the Maryland Department of Health psychiatric hospital that the inmate is ready to be discharged from the hospital.

D. The Commissioner shall develop directives to standardize operations of a Division mental health unit.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.09.04 Medical Parole.

Criteria for medical parole consideration include all of the following:

A. The inmate is imminently terminal or has a condition which would indicate that continued imprisonment would serve no useful purpose. An example of the latter would be an irreversible coma.

B. The inmate's release would not unduly jeopardize public safety.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.09.05 Contents of Medical Parole Request.

A. A warden shall ensure that all documents forming the basis for a medical parole request are submitted to the Parole Commission through the Division Director and the Commissioner. Upon approval, the Commissioner shall forward a recommendation for medical parole to the Parole Commissioner for consideration.

B. To initiate consideration for a medical parole, a warden shall send a summary of an inmate's incarceration record since admission or last parole consideration to the Division Director. The summary shall include the following:

(1) History of program participation;

(2) Special housing requirements;

(3) Statement by the attending physician which includes:

(a) Diagnosis,

(b) Prognosis,

(d) Criteria justification; and

(4) Statement by the warden which includes:

(a) A recommendation to either approve or disapprove the medical parole request,

(b) The reasons for the recommendation, in §B(4)(a), and

C. The Commissioner may reject a recommendation for medical parole which has been submitted by the Director. The Commissioner's decision to deny a medical parole is final.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.09.06 Medical Treatment of Inmates While on Work Release, Leave, or Escape.

A. The Division is financially responsible for treatment of injury or illness sustained by an inmate while on unescorted family leave, work release, unescorted special leave, or in an escape status.

B. Emergency medical treatment shall be provided to Division inmates by a community hospital.

C. Invoices for services provided shall be submitted to the Division health services contractor.

D. Nonemergency treatment shall be rendered by the Division health services provider.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.10 Chaplaincy Services Program [Repealed — see COMAR 12.03.02]

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01F amended effective July 31, 1995 (22:15 Md. R. 1120)
Administrative History: ——————
Administrative History: Chapter repealed effective March 12, 2018 (45:5 Md. R. 286)

12.02.11 Inmate Recreational Programs

COMAR 12.02.11.01 Recreation Program.

A. The Commissioner shall develop, implement, and maintain a recreational program for the inmate population.

B. The Commissioner shall ensure that an inmate is given the opportunity to participate in as many recreational activities as possible, considering institutional security and control needs.

C. A volunteer may be used at each institution for the recreational program, under the supervision of recreation staff, and in conjunction with the volunteer services program requirements and security regulations.

D. The Commissioner may develop procedures for inmate participation in a community league when consistent with established Division policy and security requirements.

E. A staff member involved with an inmate recreation program may consult with a community-based interest group to provide liaison service for a program, and to ensure community and institutional interaction.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.12 Work Release

COMAR 12.02.12.01 Purpose.

A. The Division shall establish a work release program for an eligible inmate who can safely be allowed to enter the community unescorted with minimum risk to public safety.

B. Work release is a privilege which may be granted to an eligible inmate in order to:

(1) Provide an inmate with the opportunity to demonstrate the ability to function in the community in preparation for eventual release;

(2) Complement the educational and vocational training obtained within the Division;

(3) Enable the inmate to meet the following types of financial obligations:

(a) Room,

(b) Board,

(d) Clothing,

(e) Support payments for dependents, and

(f) Victim restitution;

(4) Provide an inmate with the opportunity to gain work experience and develop positive work habits;

(5) Enable an inmate to attend school.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.12.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Case information” means any information about the inmate which is contained in the inmate's Division base file.

(2) “Commissioner” means the Commissioner of the Division of Correction.

(3) “Division” means Division of Correction.

(4) “Estimated release date” means:

(a) For inmates serving sentences other than life, the mandatory supervision release date, expiration of sentence date, MAP release date, delayed parole release date, or any scheduled parole hearing date that is likely to result in approval for parole;

(b) For inmates serving life sentences, a scheduled parole rehearing date that was established at a parole hearing on or after February 1, 1991, at which the Parole Commission explicitly recommended that the inmate be considered for work release;

(c) For inmates serving a life sentence with all but a portion of the sentence suspended, either a date as defined in §B(4)(b) of this regulation or a mandatory supervision release date.

(5) “Job check” means an investigation of a work release job to determine if the inmate and the employer are adhering to the requirements of the work release program and that the inmate is satisfactorily adjusting to the demands of the job.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.12.03 Eligibility Criteria.

A. The Commissioner or designee may specify certain treatment and educational programs that an inmate is required to complete before becoming eligible for work release. These programmatic requirements shall ensure that an inmate's needs are addressed before an inmate begins work release.

B. Inmates serving sentences of life without parole are not eligible for work release at any time during their sentence.

C. Inmates serving life sentences other than life without parole may be considered for work release if the:

(1) Inmates are eligible for parole consideration under Correctional Services Article, §7-301, Annotated Code of Maryland. This section requires the inmate to serve 15 years less credits earned under Criminal Procedure Article, §6-218, and Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland.

(2) Death penalty was sought by the State in the inmate's prosecution but not imposed. The inmate shall serve 25 years less credits earned under Criminal Procedure Article, §6-218, and Correctional Services Article, Title 3, Subtitle 7, Annotated Code of Maryland, before the inmate may be considered for work release.

(3) Inmate had a parole hearing on or after February 1, 1991, at which the Parole Commission explicitly recommended that the inmate be considered for work release.

(4) Parole Commission has scheduled a parole rehearing date at the same time the Parole Commission explicitly recommended work release.

(5) Inmate meets all the eligibility criteria listed in §D(1), (2), and (3) of this regulation.

D. Exception. If incarcerated solely for contempt of court as a result of failure to pay court-ordered support payments, an inmate shall meet the following criteria to be eligible for work release:

(1) Be not more than 12 months from an estimated release;

(2) Achieve the prerelease security level in accordance with the provisions of Division Regulation 100-1; and

(3) Demonstrate positive adjustment for a minimum of 30 days at the prerelease security level.

E. An inmate incarcerated solely for contempt of court as a result of failure to pay court-ordered support for dependents shall be eligible for work release when the inmate meets the following requirements:

(1) Achieves the prerelease security level in accordance with the requirements of Division Regulation 100-1; and

(2) Demonstrates positive adjustment for a minimum of 30 days.

F. An inmate who is initially classified to prerelease security, who meets the eligibility requirements for home detention, and is approved by the Commissioner shall be considered eligible for work release status effective on the date of the Commissioner's approval for home detention placement.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.12.04 Approving Inmates for Work Release.

A. When considering an inmate for work release, a warden and each classification team member shall determine if the inmate meets eligibility criteria, and give consideration to each of the following:

(1) Inmate's potential threat to public safety;

(2) Community's perception of the work release program;

(3) Inmate's institutional adjustment; and

(4) Inmate's previous participation in institutional programs.

B. An inmate's application for work release shall include a listing of all work release rules and a signed statement by the inmate agreeing to abide by those rules. The application shall also contain an authorization by the inmate to release case information about the inmate to work release employers.

C. In order for an inmate to be approved for work release, the:

(1) Assigned counselor shall verify that the inmate meets the eligibility criteria;

(2) Inmate's application shall be reviewed and approved by a classification team;

(3) Warden shall approve the application; and

(4) Commissioner or designee shall approve the application.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.12.05 Placement of an Inmate on Work Release.

A. The warden shall ensure that a participating inmate be given an orientation which explains the rules and regulations of the work release program to an inmate before an inmate's placement on a job.

B. A work release counselor shall assist an inmate in the development of employment opportunities and placement on a job which is consistent with an inmate's individual and program goals.

C. A counselor shall evaluate the legitimacy of each job opportunity before placement of an inmate, and shall also evaluate the integrity of the potential employer.

D. The Commissioner or a warden may establish a list of unacceptable employment conditions for work release jobs. Inmates may not be placed on jobs that have any of the unacceptable conditions specified by the Commissioner or a warden.

E. Each warden shall ensure that each employer is provided with a:

(1) Copy of all work release rules which the employer and the inmate are required to follow; and

(2) Work release orientation explaining the rules of the work release program and the Division's expectations of participating employers.

F. A warden shall ensure that a work release plan is established for each inmate before an inmate's placement on a work release job. A warden shall ensure that each work release plan includes, at a minimum, the inmate's:

(1) Assigned place of employment;

(2) Hours to be worked;

(3) Means of transportation;

(4) Time allowed for transportation; and

(5) Salary.

G. The Commissioner or designee shall ensure that a work release plan is reviewed and approved by the facility administrator at an inmate's assigned prerelease unit.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.12.06 Supervision on Work Release.

The Commissioner shall establish minimum standards of supervision for an inmate assigned to work release which shall include at least the following requirements:

A. Monthly interview of an inmate by a work release counselor;

B. Monthly job checks by a work release counselor which shall be accomplished by personal visits to the job site;

C. Monthly additional job checks by the work release counselor which may be accomplished by means other than personal visits to the job site;

D. Monthly comparisons of the prerelease facility's records of the hours that an inmate worked with an employer's records of an inmate's work hours; and

E. Monthly audits of work release case supervision records by each warden or designee.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.12.07 Removal from Work Release.

A. The Commissioner shall ensure that an inmate is automatically removed from work release if classified higher than the prerelease security level.

B. An inmate may be removed from work release for any reason considered appropriate by a classification team provided that this decision is made in accordance with the procedures in Division Regulation 100-1 and approved by the warden.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.12.08 Disposition of Work Release Earnings.

A. Each work release participant shall turn in all earnings to Division staff immediately upon return to the unit on the day the pay is received.

B. Division staff shall ensure that deductions are made from each work release inmate's earnings in the following order of priority:

(1) The amount determined to be the cost to the State of providing travel, food, lodging, and clothing for the inmate;

(2) An amount an inmate is legally obligated to pay for the support of dependents; and

(3) An amount an inmate has been ordered by the court to pay for restitution.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.12.09 Work Release for Division Inmates Housed in Local Jails.

A. The Commissioner may designate jails or detention facilities within the political subdivisions of Maryland as places for housing an inmate committed to the custody of the Division who is approved for work release.

B. A Division work release regulation shall, to the extent possible, be applied to an inmate housed in a local facility as if the inmate were housed in a Division facility.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .02B amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .03 repealed and new Regulation .03 adopted effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .05G amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .06A amended effective March 30, 1992 (19:6 Md. R. 675)
Administrative History: Regulation .07B amended effective March 30, 1992 (19:6 Md. R. 675)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.13 Volunteer Services

COMAR 12.02.13.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Citizen participant” means a person who provides a service on an irregular and infrequent basis, not exceeding six visits per year.

(2) “Commissioner” means Commissioner of the Division of Correction or designee.

(3) “Community service worker” means a person who agrees to perform a certain number of community service hours as a condition of probation.

(4) “Coordinator” means volunteer activities coordinator.

(5) “Director” means the Division headquarters Chief of Religious and Volunteer Services.

(6) “Division” means Division of Correction.

(7) “Employee volunteer” means a person who is employed by an institution and who provides a service on personal time to that institution.

(8) “Frisk search” means running the hands across clothing worn to detect any hidden objects.

(9) “Maryland CCH IDENT/INDEX” means Computerized Criminal History Identification Index.

(10) “Material or monetary donor” means a person or group that provides material or monetary donations to an institution or the Division.

(11) “Rap sheet” means the primary method by which criminal history information is reported.

(12) “Reasonable suspicion” means the apparent state of facts or circumstances which would lead a reasonably prudent person to:

(a) Believe that something is wrong;

(b) Have an apprehension or to imagine that a violation has been, is being, or will be committed by a specific individual based on only slight evidence which does not amount to proof.

(13) “Registered volunteer” means a volunteer who has completed the screening and orientation procedures, and has obtained the approval necessary to make regular visits to the institution.

(14) “Student intern” means a student from a post-high school educational institution who, for credit and under the supervision of that person's school, performs services on a regular or frequent basis.

(15) “Volunteer” means someone who has been approved as a volunteer through the procedures in this chapter.

(16) Volunteer Professional.

(a) “Volunteer professional” means a person who represents another agency in providing a service on a regular or frequent basis and is paid by that agency.

(b) “Volunteer professional” does not mean the following personnel:

(i) Department of Education staff;

(ii) Contractual personnel who provide substance abuse treatment;

(iii) Institutional parole agents.

(17) “Volunteer services” means planned activities which aid staff in promoting inmate adjustment and which utilize volunteers.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.13.02 Use of Volunteers.

Volunteers shall be used as an integral part of the service delivery system for the benefit of the Division and its population. Volunteers shall supplement and extend, not take the place of, staff and staff services.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.13.03 Volunteer Services Program Management.

A. The Director and the coordinator for each institution shall develop annual volunteer goals based on institutional needs and direction from the Commissioner and warden.

B. Each registered volunteer shall have a written assignment description prepared by the coordinator.

C. The Director and the coordinators shall recruit volunteers from the various cultural and socioeconomic segments of the community.

D. Selection.

(1) A coordinator shall ensure that each volunteer applicant is screened using the following methods:

(a) Personal interview;

(b) Completion of application for volunteer service;

(d) Criminal history investigation using, at a minimum, the following sources:

(i) Maryland CCH IDENT/INDEX and rap sheet,

(ii) FBI check (transaction codes CCH and CCF),

(iii) OBSCIS II, which is a management information system for the Division of Parole and Probation,

(iv) Motor vehicle records, and

(v) Fingerprinting, followed by submission of prints to the FBI for identification, at the warden's discretion.

(2) A warden or designee may authorize a more limited screening for:

(a) A citizen participant;

(b) An employee volunteer; or

(3) A coordinator may place a community service worker as a volunteer if the:

(a) Applicant is not under court order for drug treatment; and

(b) Warden approves the placement.

(4) A warden or designee may accept a person with a criminal record as a registered volunteer, whether previously incarcerated or on supervised parole or supervised probation, with the following stipulations:

(a) The person may not be selected for service other than as a citizen participant until 1 year has elapsed after termination of supervision by closure or abatement through any criminal justice agency;

(b) The person may not have been arrested since termination from supervision;

(c) A person who has had a condition of supervision requiring drug abuse treatment shall also provide as a reference the name of that person's most recent parole or probation agent or substance abuse treatment counselor.

(5) An employee volunteer shall sign an agreement to volunteer a specific service instead of completing an application.

(6) Acceptance or Rejection of a Volunteer.

(a) The Director shall ensure that criteria for acceptance or rejection of a volunteer candidate is consistently applied among all institutions.

(b) The application of any volunteer applicant who is rejected, along with the reason for rejection, shall be sent to the Director.

(c) The Director shall forward the information in §D(6)(b) to the Commissioner, along with a recommendation to approve or disapprove the rejection. The Director shall base the recommendation upon:

(i) Information contained in the application;

(ii) Criminal history;

(iii) Reason for rejection;

(iv) The need for service; and

(v) The applicant's status as a volunteer elsewhere in the system.

(d) The Director shall advise the warden of the Commissioner's decision.

(e) A volunteer applicant may appeal the decision, in writing, to the Commissioner within 30 days of receiving notice of rejection.

E. Volunteer Orientation.

(1) A registered volunteer shall receive an orientation which has been approved by the Director and shall sign a document stating that orientation has been received.

(2) The coordinator shall conduct the orientation which shall include, at minimum:

(a) Basic rules and regulations which affect a volunteer; and

(b) A description of institutional programming operations.

(3) The coordinator shall provide a citizen participant with an orientation approved by the Director.

F. A volunteer may provide services only after receiving orientation.

G. Volunteer Training.

(1) The staff supervisor of the volunteer shall provide special skill training as needed.

(2) The Director shall ensure supplemental training opportunities for volunteers.

H. Supervision and Monitoring of a Volunteer.

(1) A volunteer's supervisor shall:

(a) Work with the coordinator to assure adequate supervision of volunteer efforts;

(b) Complete an annual evaluation for each volunteer.

(2) A volunteer shall complete an annual placement experience evaluation.

I. The coordinator shall ensure that a volunteer receives formal and informal recognition for the volunteer's contributions.

J. The warden shall ensure that an inmate receives information about volunteer services during institutional orientation and by institutional bulletins posted throughout the institution.

K. Gifts, contributions, and donations shall be accepted and processed under procedures established by the Department of Budget and Fiscal Planning.

L. The coordinator shall maintain a file for each volunteer, to contain at least the following documents:

(1) Volunteer application;

(2) Volunteer assignment description;

(3) Acknowledgment of orientation;

(4) Evaluations;

(5) Volunteer exit form; and

(6) Program notes.

M. The Commissioner shall review major modifications to existing institutional volunteer programs and program initiatives before implementation.

N. Volunteer Access to the Institution.

(1) A volunteer shall sign a volunteer log provided by the institution upon entering and leaving the institution.

(2) Search Procedures.

(a) A volunteer is subject to established procedure.

(b) A volunteer shall sign an authorization for a frisk search. The shift supervisor may deny a volunteer access to the institution if the volunteer refuses to consent to a clothed body search.

(c) A volunteer shall sign an authorization for a strip search if the warden has reasonable suspicion that an illegal act either has been, may be, or is being committed. The shift supervisor shall deny a volunteer access to the institution if the volunteer refuses to consent to a strip search.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.13.04 Reassignment, Suspension, and Discharge of a Volunteer.

A. The coordinator shall initiate appropriate action if a volunteer is:

(1) Arrested;

(2) Violates institutional rules; or

(3) Is not performing responsibilities in accordance with the assignment description or the expectations of the supervisor.

B. An action may include:

(1) Transfer to another assignment;

(2) Suspension; or

(3) Discharge.

C. In the event of discharge, the coordinator shall:

(1) Conduct an exit interview;

(2) Complete the volunteer exit form;

(3) Request that the volunteer complete an evaluation form; and

(4) Refer the volunteer to a volunteer placement agency if the volunteer so desires.

D. The name of a volunteer who is discharged for unsatisfactory behavior, with reason for discharge, shall be forwarded to the Director.

E. The Director shall:

(1) Determine the appropriateness of the volunteer continuing to provide services within the Division;

(2) Relocate the volunteer within the system when appropriate; and

(3) Notify the warden and the volunteer of the volunteer's removal as a volunteer from all institutions of assignment.

F. The volunteer may appeal an action taken under this regulation, in writing, to the Commissioner, within 30 days after receiving notice of the action.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.14 Inmate Privileges

COMAR 12.02.14.01 Inmate Access to Telephone.

A. Definitions. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Emergency Telephone Call.

(a) “Emergency telephone call” means a telephone call for an inmate which involves:

(i) Serious family illness;

(ii) Injury or death of a family member; or

(iii) Other serious matters as determined by appropriate institutional personnel.

(b) “Emergency telephone call” does not mean:

(i) Routine communication with lawyers or the courts; and

(ii) Matters which may be handled by mail.

(2) “Family” means an inmate's spouse, natural grandparents, parents, siblings, children, grandchildren, and persons who have these relationships through adoption.

(3) “Inmate telephone” means a telephone exclusively available for inmate use.

(4) “Institutional telephone” means a telephone which is used to conduct institutional business and is not available for inmate use, except for an emergency telephone call conducted under staff supervision.

C. Restriction and Suspension of Telephone Privilege.

(1) Except when an emergency telephone call is authorized, an inmate may not use an institutional telephone for legal communication. An inmate shall use an inmate telephone when available, or the mail service.

(2) An inmate may make a nonemergency telephone call only on a designated inmate telephone available within the institution at the expense of the inmate or the person called.

(3) A warden or designee may suspend or revoke an inmate's telephone privilege if:

(a) The inmate violates institutional procedures; or

(b) Complaints are made by a:

(i) Telephone company representative, or

(ii) Person who has received an inmate's call.

(4) A warden or designee may suspend an inmate's telephone privilege for security reasons.

(5) A warden or designee shall ensure that an inmate's access to a telephone does not interfere with an institution's operations, including:

(a) Programs;

(b) Work assignments; or

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.15 Inmate Escape

COMAR 12.02.15.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Commissioner” means Commissioner of the Division of Correction or designee.

(2) “Crime victim” means a person who suffers personal physical injury, death, or loss of property as a direct result of a crime, and includes the spouse, child, sibling, parent, legal guardian, or next of kin of the person, if the person is deceased.

(3) “Division” means Division of Correction.

(4) “Escape” means unauthorized departure of an inmate from a place of lawful confinement or custody.

(5) “Jessup regional emergency warning system” means the mechanism through which the Jessup community and Jessup area correctional facilities are notified of escapes, the apprehension of escapees, and mass disturbances that have occurred in Jessup area correctional facilities. This mechanism includes a siren alarm and a recorded telephone message concerning the incident. The telephone number through which the public may access the recorded message is (410) 799-1136.

(6) “FBI” means Federal Bureau of Investigation.

(7) “Warden” means warden or designee.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.15.02 Notification of Escape.

A. When an inmate escapes from the custody of the Division, the Commissioner shall ensure that the following notifications are made:

(1) Institutions and units of the Maryland Correctional Prerelease System in the Baltimore region shall notify the:

(a) Baltimore City Police Department, Eastern District,

(b) Fugitive squad of the Baltimore City Police Department, and

(2) Institutions and units of the Maryland Correctional Prerelease System in the Jessup region shall notify the:

(a) Maryland State Police, Glen Burnie Barracks,

(b) Patuxent Institution, to engage the Jessup regional emergency warning system,

(d) FBI;

(3) Institutions in the Hagerstown region shall notify the:

(a) Maryland State Police, Hagerstown Barracks,

(b) Hagerstown Police Department,

(d) FBI, and

(e) Baltimore City fugitive squad;

(4) The Eastern Correctional Institution shall notify the:

(a) Maryland State Police, Barrack X, Eastern Correctional Institution detachment, Somerset County,

(b) Salisbury Police Department,

(d) Worcester County Police Department,

(e) Somerset County Sheriff's Department,

(f) Princess Anne City Police Department,

(g) Pocomoke City Police Department,

(h) Division of Correction Investigative Unit,

(i) Baltimore City fugitive squad, and

(j) FBI;

(5) The units of the Maryland Correctional Prerelease System located in Charles, Wicomico, Queen Anne's, and Carroll counties shall notify the:

(a) Local Maryland State Police,

(b) Local county law enforcement agency,

(d) Baltimore City fugitive squad;

(6) A Division institution or prerelease unit shall notify the Division investigative unit when an inmate escapes, or attempts to escape, and it is suspected that a Division employee or volunteer is involved in the escape or escape attempt through:

(a) The commission of a criminal offense,

(b) Neglect of duty, or

B. If an inmate escapes while under escort and away from the institution, the Commissioner shall ensure that the officer in charge of the institution where the inmate was housed notifies the local police jurisdiction or precinct where the escape took place.

C. When a Division escapee has a detainer for a sentence, concurrent or consecutive, and whether operative or not, the Commissioner shall ensure that the jurisdiction which filed the detainer is notified of the escape within 3 working days of the date of the escape. The Commissioner shall ensure that a staff member of the institution sends a copy of the inmate escape work sheet which references the detainer to the concerned jurisdiction by transmittal letter.

D. The Commissioner shall ensure that the institutional officer in charge at the time of escape places a copy of the inmate escape work sheet in the inmate's base file and commitment file.

E. The Commissioner shall ensure that the warden notifies Division headquarters in accordance with established procedure for reporting a serious incident.

F. In accordance with the provision of Criminal Procedure Article, §11-1002, Annotated Code of Maryland, the Commissioner shall ensure that a warden notifies a crime victim when the crime victim has filed a written request to be informed when a particular inmate escapes.

G. The Commissioner shall ensure that a telephone notification of an escape is followed by written confirmation accompanied by an escape retake warrant to agencies specified in §A of this regulation.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.15.03 Escape Retake Warrant Procedure.

A. When it has been confirmed that an inmate has escaped, the Commissioner shall ensure that:

(1) An escape retake warrant is issued;

(2) The original warrant is mailed, using first class mail, to Maryland State Police Headquarters.

B. The Commissioner shall ensure that the following documents routinely accompany the original escape warrant to the Maryland State Police Headquarters, Warrant Unit:

(1) Original copy of waiver of extradition;

(2) Copy of inmate escape work sheet; and

(3) Other documents as requested by the Maryland State Police.

C. If the mailing of the escape retake warrant is delayed for more than 24 hours awaiting its preparation, the institutional officer in charge shall ensure that the documents in §B are mailed to the Maryland State Police Headquarters, Warrant Unit.

D. The following persons are authorized to issue an escape retake warrant:

(1) Warden;

(2) Assistant warden;

(3) Security chief;

(4) Facility administrator of the Maryland Correctional Prerelease System; and

(5) Institutional shift commander.

E. Control Log. The Commissioner shall ensure that:

(1) Each warden establishes procedures to maintain a control log which shall include each escape retake warrant issued by a facility, and indicate the following information:

(a) Escape retake warrant number,

(b) Date and time of issuance,

(d) Name and Division commitment number of escapee,

(e) Date of escape, and

(f) Date mailed to the Maryland State Police Headquarters;

(2) All warrant numbers are accounted for within the log;

(3) The log is accessible to appropriate staff in the event of a police inquiry.

F. The Commissioner shall ensure that each warden specifies the name and telephone number of the facility designated as the point of return on each escape retake warrant.

G. The Commissioner shall ensure that copies of the escape retake warrant are distributed as follows:

(1) Inmate base file;

(2) Inmate commitment file; and

(3) Office of the State's Attorney for the jurisdiction where the escape took place.

Cross References

12.02.15.05C(5)

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.15.04 Return of an Escapee to the Division.

A. An apprehended escapee who has escaped from one of the following institutions shall be returned to that institution:

(1) Maryland Penitentiary;

(2) Maryland Correctional Training Center;

(3) Maryland Correctional Institution--Hagerstown;

(4) Roxbury Correctional Institution;

(5) Maryland House of Correction;

(6) Maryland Correctional Institution--Jessup;

(7) Maryland Correctional Institution for Women;

(8) Eastern Correctional Institution;

(9) Maryland Reception, Diagnostic, and Classification Center; and

(10) Maryland Correctional Adjustment Center.

B. A male escapee from the Maryland Correctional Prerelease System shall be returned to the Maryland House of Correction.

C. An escapee from the Prerelease Unit for Women shall be returned to the Maryland Correctional Institution for Women.

D. The Assistant commissioner for field services shall coordinate the return of an escapee from another state with the Maryland State Police.

E. The Commissioner shall ensure that a warden takes appropriate institutional adjustment action against an inmate upon an inmate's return from escape.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.15.05 Notification of Return from Escape.

A. When an escapee is returned to the custody of the Division, the Commissioner shall ensure that the warden of the institution receiving the returned escapee prepares a letter notifying the Maryland State Police of the return from escape, with copies provided to the:

(1) Local law enforcement agency;

(2) FBI;

(3) Commissioner; and

(4) Baltimore City fugitive squad.

B. The notification of return from escape may be completed on a monthly basis. The Commissioner shall ensure that each warden ensures that the notification of return from escape includes the following:

(1) Name of returned escapee;

(2) Division commitment number;

(3) Date of escaped inmate's return to the custody of the Division; and

(4) Escape retake warrant number.

C. The Commissioner shall ensure that each warden sends copies of the notification of return from escape to the following:

(1) Local law enforcement agency;

(2) FBI;

(3) Commissioner;

(4) Baltimore City fugitive squad; and

(5) The crime victim who shall be notified of an inmate's escape under Regulation .03 of this chapter.

D. The Commissioner shall ensure that the warden of the institution of return prepares appropriate information for the State's Attorney's Office regarding an inmate's return from escape, and forwards it by cover letter to the State's Attorney. The Commissioner shall ensure that each warden establishes procedures to ensure that a copy of the letter sent to the State's Attorney is also sent to the Division assistant commissioner for field services.

E. The Commissioner shall ensure that a warden places a copy of an escape retake warrant in an inmate's commitment file.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.16 Visits to Inmates

COMAR 12.02.16.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Certified religious visitor” means a person who is certified by the applicable religious authority to minister to members of that body, and who has been processed according to relevant institutional directives to visit individually with a specific inmate on a regular, occasional, or one-time-only basis.

(2) “Commissioner” means Commissioner of the Division of Correction or designee.

(3) “Contact visit” means a visit which permits limited physical contact between the inmate and the visitor.

(4) “Contraband” means an item as defined under Correctional Services Article, §8-801, Annotated Code of Maryland.

(5) “Frisk search” means running the hands across clothing worn to detect any hidden objects.

(6) “Special visit” means a visit authorized as an exception to normal visiting procedures.

(7) “Visitor” means a person entering the institution who:

(a) Is on an inmate's visiting list; or

(b) Has obtained approval as a special visitor.

(8) “Warden” means warden or designee.

History

Administrative History: Effective date: February 3, 1992 (19:2 Md. R. 155)
Administrative History: Regulations .01—.08 repealed as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.16.02 General Procedures.

A. The Commissioner shall establish:

(1) The number of visits which an inmate may receive;

(2) The length of a visit; and

(3) The number of visitors authorized during one visit.

B. The Commissioner shall consider the following standards when establishing the procedures in §A of this regulation:

(1) Institutional schedule;

(2) Visiting space;

(3) Security considerations;

(4) Staff requirements; and

(5) An inmate's institutional status.

C. The Commissioner shall ensure that each warden establishes procedures governing visits to inmates in outside hospitals, institutional infirmaries, and mental health units which include provisions to ensure that:

(1) Each visit conforms with custody requirements; and

(2) Appropriate health or mental health personnel approval is obtained to confirm that the inmate is medically or mentally able to conduct the visit.

D. The Commissioner shall ensure that each warden designates a visiting area which meets reasonable conditions for a visit to take place.

E. An inmate may refuse to see a visitor.

History

Administrative History: Effective date: February 3, 1992 (19:2 Md. R. 155)
Administrative History: Regulations .01—.08 repealed as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.16.03 Types of Visits.

A. Contact Visits. The Commissioner shall ensure that each warden allows a contact visit unless a contact visit is prohibited by Division regulations. The specific kind and amount of contact shall be based on the security level of the institution and the classification of an inmate.

B. Noncontact Visits. The Commissioner shall ensure that each warden designates a visiting area for a noncontact visit and establishes procedures for its use.

C. Religious Visits. The name of a certified religious visitor shall be recorded on the inmate visitor record, but not counted in the maximum 15 visitors. Religious visits shall be managed according to institutional procedure.

D. Legal Visits.

(1) The Commissioner shall ensure that each warden establishes procedures for an inmate visit with an attorney.

(2) An attorney need not be on the inmate visitor record, but shall have proper identification.

(3) A legal assistant who visits an inmate shall present a letter of introduction signed by an attorney on the firm's stationery.

(4) The Commissioner may not set a time limit for an attorney visit.

(5) An attorney shall visit during regular visiting hours unless a special arrangement is made with the warden.

E. Special Visits. A warden shall establish procedures for special visits.

History

Administrative History: Effective date: February 3, 1992 (19:2 Md. R. 155)
Administrative History: Regulations .01—.08 repealed as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.16.04 Records of Inmate Visits.

A. A warden of a receiving institution shall ensure that during the reception process, an inmate visitor record form is established for each inmate.

B. Each inmate may submit a list of up to 15 names, addresses, and relationships of intended visitors to be included on the list.

C. An inmate shall place the name of an intended visitor who is 18 years old or older on the inmate's visitor record.

D. An inmate is not required to list children under 18 years old on the visitor record.

E. Only those persons on the inmate visitor record will be approved to visit an inmate. However, the Commissioner shall establish procedures to provide for the following types of visits:

(1) Religious;

(2) Legal; and

(3) Special.

F. When an inmate is transferred, the sending institution shall forward the inmate visitor record to the receiving institution at the time of the transfer, to:

(1) Ensure a continuous record of an inmate's visits; and

(2) Eliminate the need for a new record to be established.

History

Administrative History: Effective date: February 3, 1992 (19:2 Md. R. 155)
Administrative History: Regulations .01—.08 repealed as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.16.05 Visitor Requirements.

A. A visitor shall present one of the following types of identification:

(1) Driver's license;

(2) Age of majority card;

(3) Birth certificate;

(4) Social security card; or

(5) Other State, federal, or private industry-issued photograph identification.

B. The Commissioner shall ensure that a person younger than 18 years old who intends to visit an inmate is accompanied by an adult. The officer in charge of the visiting area may request identification for verification of age.

History

Administrative History: Effective date: February 3, 1992 (19:2 Md. R. 155)
Administrative History: Regulations .01—.08 repealed as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.16.06 Visitor Searches.

A. The Commissioner shall require a visitor to pass through a metal detector or be searched by a scanning device upon entering all Division facilities, except prerelease units.

B. The Commissioner shall ensure that each warden establishes procedures to frisk search visitors randomly on a daily basis.

C. When a frisk search is conducted, the individual conducting a search shall be the same sex as the person being searched.

D. A visitor shall complete and sign a consent to search form.

E. The Commissioner shall ensure that a warden establish procedures to maintain a copy of the consent to search form in the base file of an inmate being visited. The Commissioner shall ensure that the original copy of this form is kept on file by the warden.

F. The Commissioner shall ensure that a visitor who refuses to submit to a search is denied visiting privileges for that day.

G. If a visitor possesses contraband in violation of the criminal statute, the contraband shall be confiscated and a law enforcement agency notified.

History

Administrative History: Effective date: February 3, 1992 (19:2 Md. R. 155)
Administrative History: Regulations .01—.08 repealed as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.16.07 Visitor Rules and Visit Guidelines.

A. During a visit, a visitor shall follow visiting room rules and shall maintain control of children who may be participants in the visit.

B. A visit may be disapproved by the institutional shift commander if the visitor:

(1) Is under the influence of a drug or alcohol;

(2) Refuses to submit to search procedure;

(3) Fails to provide sufficient identification;

(4) Provides falsified identification;

(5) Is younger than 18 years old and is not accompanied by an adult;

(6) Violates a facility visiting rule posted in the visiting room; or

(7) Possesses contraband.

C. If a visitor is denied a visit for a reason included in §B of this regulation, and the visitor refuses to leave the facility, the police of the jurisdiction in which the facility is located shall be notified, and the visitor shall be treated as a trespasser in accordance with Criminal Law Article, §6-409, Annotated Code of Maryland.

D. A visit may be terminated or shortened if:

(1) The visitor or inmate fails to prevent children from disturbing another person in the visiting area;

(2) The visitor or the inmate is verbally or physically disruptive and jeopardizes visiting room operations or the security of the institution;

(3) The visitor and inmate engage in excessive physical contact;

(4) The inmate violates a rule or regulation of the institution;

(5) There is insufficient space for a visit in the visiting room;

(6) An institutional crisis exists;

(7) A visitor violates a facility visiting rule posted in the visiting room; or

(8) Another reason exists which is determined by the warden.

E. The Commissioner shall ensure that each warden requires the approval of the shift commander to terminate a visit. The shift commander shall provide the warden with a report stating the specific reasons for terminating a visit.

History

Administrative History: Effective date: February 3, 1992 (19:2 Md. R. 155)
Administrative History: Regulations .01—.08 repealed as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.16.08 Suspension of a Visitor's Visiting Privilege.

A. A warden may suspend a person from visiting an inmate for a designated or indefinite period of time when there is clear and convincing evidence that a visit would jeopardize the safety or security of the institution.

B. The Commissioner shall ensure that each warden bases suspension of visiting privileges on:

(1) A review of the information provided in the supervisor's report of the incident; and

(2) Information provided by staff, the inmate, and the visitor.

C. The Commissioner shall ensure that a warden sends a written notice of a decision to suspend visiting privileges for a specified or indefinite period of time to the following:

(1) Inmate;

(2) Inmate base file;

(3) Visitor; and

(4) Assistant commissioner for field services.

D. The Commissioner may authorize each warden to omit justification for the suspension or termination of a visit from the written notice when the security of an institution or the safety of an individual would be affected.

E. A notice of suspension or termination of visiting privilege shall include:

(1) A statement of the reasons for the suspension;

(2) The length of the suspension or termination; and

(3) A statement advising the visitor that the visitor may appear before the warden for a hearing regarding the suspension or termination of visiting privileges.

F. The Commissioner shall ensure that a warden:

(1) Writes a report of a hearing held regarding suspension or termination of a visitor's visiting privileges; and

(2) Sends a copy of the report to the assistant commissioner for field services.

G. The Commissioner shall ensure that a warden attaches the letter of notification to the inmate visiting card when a visitor's visiting privilege is suspended.

H. The visitor may request a warden to reinstate a suspended or terminated visiting privilege upon the inmate's transfer to another maintaining institution.

History

Administrative History: Effective date: February 3, 1992 (19:2 Md. R. 155)
Administrative History: Regulations .01—.08 repealed as an emergency provision effective August 26, 2013 (40:19 Md. R. 1542); emergency status extended to June 30, 2014 (41:2 Md. R. 89); emergency status expired June 30, 2014
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.17 Inmate Property and Clothing

COMAR 12.02.17.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Abandoned property” means personal belongings which:

(a) Are unclaimed after the required 30-day notice has elapsed;

(b) Have not been sent out of the institution within 30 days notice to the inmate;

(c) Remain in control of the institution and are unclaimed for a 30-day period subsequent to an inmate's release or escape; or

(d) An inmate chooses to donate to the institution for use by inmates.

(2) “Contraband” means:

(a) An item, material, substance, or other thing that is not authorized by a warden or facility administrator of the facility;

(b) An item, material, substance, or other thing which is brought into the facility in a manner not sanctioned by Division or institutional policy or procedure; or

(c) A property item which is in excess of the allowable quantity provided in a Division property directive or applicable institutional directive.

(3) “Division” means Division of Correction.

(4) “Property officer” means a person responsible for receiving and controlling inmate belongings in accordance with established property procedure.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulations .01—.03 amended effective February 26, 1996 (23:4 Md. R. 273)
Administrative History: Regulation .03B amended effective July 13, 1997 (24:14 Md. R. 1013)
Authority: Correctional Services Article, §§2-109(c), 3-609, and 10-801, Annotated Code of Maryland

COMAR 12.02.17.02 Handling and Storage of Inmate Property.

A. Inmate Property Rights. The Commissioner shall ensure that:

(1) A warden protects the property rights of an inmate when a Division rule or directive requires that an inmate release the inmate's personal property to Division custody for safekeeping;

(2) An employee exercises reasonable care of property which is removed from an inmate;

(3) A warden disciplines an employee when employee negligence causes loss or damage to inmate property.

B. The Commissioner shall ensure that a warden establishes a secure area as a property room. This area shall be used to:

(1) Secure inmate property which is temporarily out of the custody of an inmate; and

(2) Store inmate valuables under Division directives.

C. The Commissioner shall ensure that a warden establishes procedures to:

(1) Control and account for inmate property which is in the care of the institution; and

(2) Ensure that excess or unallowable property is disposed of under Division directive.

D. Inventory of Inmate Property.

(1) The Commissioner shall ensure that inmate property which is taken into institutional custody is inventoried to establish an accurate record of the property received.

(2) When inmate property cannot be inventoried, the Commissioner shall ensure that each warden establishes procedures to ensure that an employee packages, seals, and places the property in a secure area.

(3) The Commissioner shall ensure that when sealed property is received by the institution and cannot be inventoried at the time of receipt, the property remains sealed and is placed in a secure area, with documentation indicating the name of the officer receiving and securing the property.

E. The Commissioner shall ensure that when an inmate receives a housing change, the inmate is permitted only those items which are authorized by a warden and established by institutional directive.

F. Allowable Property.

(1) An inmate may possess only items authorized by Division directive.

(2) The Commissioner shall ensure that unauthorized property is:

(a) Sent to an address provided by an inmate, at an inmate's expense;

(b) Released to a visitor who has been authorized by the inmate to receive an inmate's property; or

Cross References

12.03.03.07C

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulations .01—.03 amended effective February 26, 1996 (23:4 Md. R. 273)
Administrative History: Regulation .03B amended effective July 13, 1997 (24:14 Md. R. 1013)
Authority: Correctional Services Article, §§2-109(c), 3-609, and 10-801, Annotated Code of Maryland

COMAR 12.02.17.03 Disposition of Inmate Personal Property.

A. The Commissioner shall establish procedures to ensure that a warden:

(1) Returns personal property to an inmate upon release; and

(2) Obtains a receipt from an inmate for the return of property.

B. Death of Inmate.

(1) The Commissioner shall ensure that if an inmate dies, an inmate's property, including institutional funds, is given to a person who possesses a letter of administration issued by a court.

(2) The Commissioner shall ensure that the next of kin is notified of personal property, including funds by registered mail, return receipt requested. A court-appointed personal representative shall claim the property within 30 days of notice to the next of kin.

(3) When a court-appointed personal representative claims property, that person shall provide a letter of administration. The Commissioner shall ensure that each warden retains a copy of the letter of administration for the institutional file.

(4) The Commissioner shall ensure that a receipt is obtained for property released to a personal representative and that the receipt is retained in the inmate's base file.

C. Holding of Personal Property. The Commissioner shall ensure that:

(1) Inmate personal property is held for 30 days when the property:

(a) Is in possession of the Division as a result of an escape, or

(b) Has been unclaimed by an inmate who has the right to its possession; and

(2) During the 30-day period:

(a) A notice is posted in a conspicuous location within the institution in which the property was initially secured;

(b) The warden delivers the unclaimed property in §C(1)(b) of this regulation being held to the inmate who establishes a right to its possession within the time period specified in this section; and

D. Funds remaining in an inmate's institutional account shall remain in that account for 2 years after an escape, and then be turned over to the State Treasurer's Office. An account book for an inmate's personal bank account is to be retained by the inmate finance office for 5 years and then turned over to the State Treasurer's Office.

E. Abandoned Property. The Commissioner shall ensure that a warden:

(1) Converts abandoned property to institutional use; or

(2) Disposes of the abandoned property in accordance with §F of this regulation.

F. Disposal of Abandoned Property.

(1) If the abandoned property is to be converted to institutional use, the Commissioner shall ensure that a warden submits a declaration of abandoned inmate property for conversion or disposal form to the assistant commissioner for security operations, advising the:

(a) Condition of the property;

(b) Estimated value of the property; and

(2) Abandoned inmate property may only be converted for institutional use for the inmate population.

(3) The Commissioner may authorize a warden to dispose of abandoned inmate property which cannot be converted to institutional use, by a declaration of abandoned inmate property for conversion or disposal form. After offering the property for use by an institution, the following shall take place:

(a) All of the following:

(i) Upon approval of the Commissioner, the warden may dispose of the property by donation to an appropriate charitable organization,

(ii) The property officer shall obtain a dated, signed, descriptive receipt for the donated items and retain the receipt for institutional record, and

(iii) Future claims of an inmate to proceeds or rights to possession of the abandoned property shall be barred; or

(b) The property may be discarded or destroyed in the presence of a staff witness.

G. This chapter does not affect or limit the authority of a warden to seize and dispose of contraband in accordance with State law and Division directives.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulations .01—.03 amended effective February 26, 1996 (23:4 Md. R. 273)
Administrative History: Regulation .03B amended effective July 13, 1997 (24:14 Md. R. 1013)
Authority: Correctional Services Article, §§2-109(c), 3-609, and 10-801, Annotated Code of Maryland

12.02.18 Inmate Transfers

COMAR 12.02.18.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) Adjudicated Federal Detainer.

(a) “Adjudicated federal detainer” means a detainer based on an offense for which the defendant has been:

(i) Tried;

(ii) Convicted;

(iii) Sentenced; and

(iv) Committed to the custody of the U.S. Attorney General.

(b) “Adjudicated federal detainer” does not mean a detainer:

(i) Based on an untried indictment, information, or complaint; or

(ii) Of federal parole or federal probation.

(2) “Commissioner” means the Commissioner of the Division of Correction or designee.

(3) Concurrent Federal Sentence.

(a) “Concurrent federal sentence” means a sentence which runs simultaneously with a Maryland sentence because it:

(i) Has a beginning date expressly stated on its judgment and commitment record; or

(ii) Is expressly described on a federal commitment record, to run concurrent with a Maryland sentence.

(b) “Concurrent federal sentence” also means a federal sentence to which a Maryland sentence is concurrent.

(4) “Division” means Division of Correction.

(5) “Eligible person” means an inmate who meets the criteria for transfer to Patuxent Institution in Correctional Services Article, §4-101(e), Annotated Code of Maryland, and COMAR 12.12.03.05.

(6) “Field compact administrator” means the case management manager, supervisor, or specialist within each correctional institution who coordinates all actions involving the Interstate Corrections Compact.

(7) “Headquarters compact administrator” means the headquarters staff person appointed by the Commissioner as the administrator for implementation of the Interstate Corrections Compact.

(8) “Interstate Corrections Compact” means a legal agreement enabling a signatory state to the Interstate Corrections Compact, which has a contractual agreement with Maryland, to consider the transfer of an inmate sentenced to a correctional institution of the other signatory state for confinement and program participation, if appropriate.

(9) “Signatory state” means a state which has enacted legislation to implement the Interstate Corrections Compact and has a contractual agreement with Maryland for transferring inmates.

(10) Total Sentence.

(a) “Total sentence” means an inmate's last expiring operative sentence.

(b) If an inmate is serving a single sentence, it is that sentence.

(d) If the inmate is serving a combination of consecutive sentences, it is the sentence or sum of sentences that will expire last.

(11) “Unserved balance of the total federal sentence” means the:

(a) Interval from the date of sentence calculation to the presumptive parole release date of the total federal sentence, if one exists;

(b) Interval from the date of sentence calculation to the maximum expiration date of the total federal sentence; or

(12) “Unserved balance of the total Maryland sentence” means the interval from the date of consideration for eligibility for parole to an adjudicated federal detainer, to the current mandatory release date on the total Maryland sentence.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective March 27, 1995 (22:6 Md. R. 474)
Administrative History: Regulation .02A, B, C, G amended effective March 27, 1995 (22:6 Md. R. 474)
Administrative History: Regulation .03 amended effective March 27, 1995 (22:6 Md. R. 474)
Authority: Correctional Services Article, §2-109(c) and Title 8, Subtitle 6, Annotated Code of Maryland

COMAR 12.02.18.02 Referrals for Evaluation at Patuxent Institution.

A. The following persons may recommend to the Commissioner that an inmate who meets the criteria specified in COMAR 12.12.02.01 or .02 be referred to Patuxent Institution for evaluation as to whether the inmate is an eligible person:

(1) The sentencing judge;

(2) The State's attorney of the jurisdiction in which the inmate was last convicted;

(3) A member of the Commissioner's staff, including the chief psychologist or case management team of a Division institution; or

(4) An inmate, by self-referral.

B. The Commissioner shall maintain a list of Division inmates eligible to be referred to Patuxent Institution for evaluation. The Commissioner's list shall be submitted monthly to the Director of Patuxent.

C. If the Patuxent evaluation is to be conducted at a Division institution, the records needed for the evaluation shall be assembled by the Division in accordance with COMAR 12.12.03.03 as specified below:

(1) The following documents from the base file include:

(a) Copy of commitment order,

(b) Admission summary,

(d) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate, or documentation that none exists,

(e) Police reports and other relevant information concerning the crime for which the inmate was most recently convicted and the sentence imposed upon that conviction,

(f) State's version of the crime,

(g) Prior criminal and juvenile history and all relevant records concerning it,

(h) Disciplinary record, and

(i) Correspondence from judges and State's attorneys relating to their referral and recommendation of inmates to Patuxent Institution;

(2) School records;

(3) The inmate's prior medical history, including any relevant medical and hospital records and reports, and the inmate's medical file;

(4) The inmate's prior mental history, including the inmate's psychological file, previous psychological or psychiatric evaluations, record of psychiatric medications, progress notes, and records of any previous psychiatric and drug and alcohol treatment; and

(5) Other relevant information, records, and reports concerning the inmate's social, physical, or mental condition and history.

D. Each warden shall ensure that a Patuxent transfer evaluation team is provided the work space and resources necessary to carry out the examination.

E. If the evaluation is to be conducted at Patuxent Institution, the Division shall ensure that the records specified in §C of this regulation accompany the inmate to Patuxent Institution.

F. When an inmate is no longer an eligible person, the Director of Patuxent Institution shall notify the Commissioner. The Commissioner shall ensure that Division staff return the inmate to the Division in accordance with Correctional Services Article, Title 4, Annotated Code of Maryland, and COMAR 12.12.04.

G. When an inmate has returned to a Division institution from Patuxent Institution, the inmate's case management specialist shall advise the Parole Commission of the following information:

(1) Inmate's name;

(2) Inmate's Division identification number;

(3) Date of inmate's return to the Division from Patuxent Institution;

(4) Change in the inmate's sentence; and

(5) Date and decision of last parole hearing, if one was conducted.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective March 27, 1995 (22:6 Md. R. 474)
Administrative History: Regulation .02A, B, C, G amended effective March 27, 1995 (22:6 Md. R. 474)
Administrative History: Regulation .03 amended effective March 27, 1995 (22:6 Md. R. 474)
Authority: Correctional Services Article, §2-109(c) and Title 8, Subtitle 6, Annotated Code of Maryland

COMAR 12.02.18.03 Interstate Corrections Compact Transfer.

A. If an inmate desires to transfer to a signatory state under the Interstate Corrections Compact, the inmate shall complete an Application for Interstate Corrections Compact Transfer and submit the completed form to the inmate's case management specialist.

B. If the application is disapproved by the warden, the process shall terminate.

C. If the application is approved, the field compact administrator shall forward a referral packet to the headquarters compact administrator. The contents of the referral packet shall be determined by the Commissioner.

D. Review by Commissioner.

(1) The headquarters compact administrator shall review the referral packet and forward a written recommendation and rationale to the Commissioner for a final decision.

(2) If the Commissioner's decision is to disapprove the application, the process shall terminate. A disapproved application may be retained on file at the office of the headquarters compact administrator for future consideration.

(3) If the Commissioner's decision is to approve the application, the Application for Interstate Corrections Compact Transfer shall be returned to the headquarters compact administrator, and the Commissioner shall request a review and decision from the other state on the referral packet for the referenced inmate.

(4) The case management specialist shall inform the inmate of the Commissioner's decision and may explain the rationale for that decision.

E. The headquarters compact administrator shall advise the requesting case management staff of the decision of the receiving signatory state.

F. The headquarters compact administrator shall coordinate the arrangements for the transportation of an inmate between the signatory states.

G. If each state is transferring an inmate, the headquarters compact administrator and the compact administrator of the other state shall jointly determine whose responsibility it is to transport the inmates.

H. When a transfer is effected, all applicable records and allowable property shall be transported with the inmate to the receiving signatory state.

I. Receipt of Inmate from Other Signatory State.

(1) When Maryland accepts an inmate from another signatory state, a male inmate shall be delivered to the Maryland Reception, Diagnostic and Classification Center, and a female inmate shall be delivered to the Maryland Correctional Institution for Women.

(2) After the inmate is received in Maryland, the warden of the Maryland Reception, Diagnostic and Classification Center, or the warden of the Maryland Correctional Institution for Women, shall ensure that:

(a) All necessary records are processed to identify the inmate as an Interstate Corrections Compact inmate; and

(b) The Maryland Parole Commission is notified by the case management manager or supervisor that the inmate has been received in Maryland as an Interstate Corrections Compact transferee.

(3) Following receipt of an inmate from the sending state, a case management specialist at the receiving institution shall complete an admission summary for each inmate under the Interstate Corrections Compact and forward it to the Interstate Corrections Compact office of the sending state. Thereafter, the receiving state shall provide the sending state a semiannual report summary of the inmate's progress and adjustment since the last report, including a recommendation for retention or return.

J. The headquarters compact administrator shall monitor and maintain Interstate Corrections Compact files as well as review and process all correspondence between signatory states for inmates who are transferred from Maryland to a signatory state under the Interstate Corrections Compact.

K. Inmate Base File.

(1) The field compact administrator shall monitor and maintain the inmate base file for an inmate who is transferred from a signatory state to Maryland under the Interstate Corrections Compact.

(2) All correspondence between signatory states regarding an Interstate Corrections Compact transferee housed in Maryland shall be reviewed and processed through the applicable case management unit for the field compact administrator unless other direction is given by the headquarters compact administrator.

(3) The headquarters compact administrator shall maintain a working file for an inmate who is transferred from a signatory state to Maryland under the Interstate Corrections Compact.

L. The case management specialist shall ensure that the field and headquarters compact administrators are kept apprised of significant events pertaining to an inmate, including but not limited to:

(1) Movement within the Division;

(2) Serious incidents;

(3) Parole hearings and results;

(4) Judicial matters;

(5) Pending release through parole or expiration of sentence; and

(6) A request by the inmate to return to the sending state.

M. The headquarters compact administrator shall be responsible for updating the Division directive which includes a list of states which are signatory to the Interstate Corrections Compact.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective March 27, 1995 (22:6 Md. R. 474)
Administrative History: Regulation .02A, B, C, G amended effective March 27, 1995 (22:6 Md. R. 474)
Administrative History: Regulation .03 amended effective March 27, 1995 (22:6 Md. R. 474)
Authority: Correctional Services Article, §2-109(c) and Title 8, Subtitle 6, Annotated Code of Maryland

COMAR 12.02.18.04 Parole to Adjudicated Federal Detainer.

A. The commitment office supervisor shall:

(1) Identify and maintain a list of inmates with adjudicated federal detainers;

(2) Delete from the list the name of an inmate who may not be paroled by the Maryland Parole Commission;

(3) Delete from the list the name of an inmate who has either an adjudicated detainer from a state other than Maryland for a sentence imposed before the federal sentence was imposed, or a Maryland detainer, and reevaluate the inmate if the disqualifying detainer is lifted;

(4) Contact the U.S. Parole Commission office to establish whether a presumptive parole release date has been set for the inmate's federal sentence and, if so, note it;

(5) Delete from the list the name of an inmate whose unserved balance of the total Maryland sentence is greater than the unserved balance of the total federal sentence; and

(6) Ensure that an inmate whose name is deleted from the list is reevaluated so that the inmate is identified when the unserved balance of the total federal sentence becomes greater than the unserved balance of the total Maryland sentence.

B. For each inmate eligible to be paroled to an adjudicated federal detainer, the commitment office supervisor shall complete the referral for parole to adjudicated federal detainer form.

C. The warden shall complete Section B on the reverse of the form in §B of this regulation and send it to the Director of Classification at Division headquarters, who shall review the form and submit it to the Commissioner.

D. The Commissioner shall complete the reverse of the form in §B of this regulation and send it to the Maryland Parole Commission.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective March 27, 1995 (22:6 Md. R. 474)
Administrative History: Regulation .02A, B, C, G amended effective March 27, 1995 (22:6 Md. R. 474)
Administrative History: Regulation .03 amended effective March 27, 1995 (22:6 Md. R. 474)
Authority: Correctional Services Article, §2-109(c) and Title 8, Subtitle 6, Annotated Code of Maryland

12.02.19 Inmate Leave

COMAR 12.02.19.01 Purpose.

The purpose of this chapter is to establish procedures through which an eligible inmate may be granted the privilege of leaving the confinement of a Division institution for a specified period of time.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .04 amended effective November 22, 1993 (20:23 Md. R. 1805)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.19.02 Definitions.

A. In this chapter, the following terms have the meanings indicated:

B. Terms Defined.

(1) “Anticipated release date” means a mandatory supervision release date, a mutual agreement programming release date, release by expiration of sentence, or a scheduled parole release date.

(2) “Case management plan” means a written individualized program plan for an inmate that is developed in accordance with Division regulations. This plan is developed to address each inmate's risks and needs. The plan stipulates:

(a) Programming;

(b) Institutional transfer; and

(3) “Commissioner” means Commissioner of the Division of Correction or designee.

(4) “Division” means Division of Correction.

(5) Immediate Family. For the purpose of:

(a) Compassionate leave, “immediate family” means an inmate's spouse, natural grandparents, parents, siblings, children, grandchildren, and persons who have these relationships through adoption;

(b) Family leave, “immediate family” means an inmate's mother, father, legal guardian, sister, brother, wife, husband, and children who have attained majority.

(6) “Mutual agreement programming” means a process in which the division, the Maryland Parole Commission, and an inmate enter into a written program agreement. This agreement stipulates programming, institutional transfer, and a guaranteed parole release date if the inmate successfully completes all stipulations of the agreement.

(7) “Security level” means the level of supervision provided to an inmate in accordance with COMAR 12.12.08.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .04 amended effective November 22, 1993 (20:23 Md. R. 1805)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.19.03 Family Leave.

A. Policy.

(1) Merely meeting basic eligibility criteria does not guarantee or imply approval for family leave.

(2) To be eligible for family leave consideration, an inmate shall:

(a) Be classified to the prerelease security level;

(b) Be within 12 months of a parole rehearing or an anticipated release date; and

(i) 30 consecutive calendar days of active work release employment,

(ii) 90 consecutive calendar days on an institutional assignment,

(iii) 90 consecutive calendar days in a combination of §A(2)(c)(i) and (ii), above, or

(iv) 90 consecutive days at the prerelease security level if medically unassigned.

(3) Family leave may not be granted for more than 48 hours. Travel time may be added to this period.

(4) The hours of the leave shall be governed by the specific circumstances at an inmate's maintaining institution.

(5) The classification team may establish special conditions for family leave.

(6) An inmate shall demonstrate that the inmate's family is capable of assuming necessary expenses during leave status.

(7) An inmate shall use private or public transportation to and from the institution to the leave address.

(8) A person providing transportation shall present adequate identification before departing with the inmate.

(9) Each warden and prerelease facility administrator shall ensure that spot check telephone verifications are conducted during the course of each family leave period.

(10) An inmate may not be approved for family leave outside the State.

(11) Notwithstanding the provisions of this regulation, the Commissioner and those individuals the Commissioner authorizes shall retain the absolute discretion to modify, suspend, or terminate this program in whole or in part for a reason or no reason. Similarly, the Commissioner or the Commissioner's representatives retain the discretion to terminate the participation of an inmate in this program at any time for a reason or no reason.

B. Procedure.

(1) An inmate shall be informed of family leave eligibility requirements by a classification counselor.

(2) An inmate shall request family leave status through the inmate classification counselor.

(3) An inmate shall submit to the classification counselor the name, relationship, address, and telephone number of the family leave sponsor.

(4) The family leave sponsor shall provide institutional staff with a written agreement that lodging and transportation will be provided.

(5) An inmate shall submit the name, address, and telephone number of the person providing transportation unless permission to use public transportation has been approved by appropriate institutional staff.

(6) Upon receipt of necessary forms and information, a classification counselor shall:

(a) Complete a family leave status application;

(b) Make a recommendation for or against approval, and provide a supporting rationale;

(d) Forward the application to the family leave classification team.

(7) A classification team shall:

(a) Review the application in the presence of the inmate;

(b) Make a recommendation for or against approval and provide a supporting rationale; and

(8) The warden or facility administrator shall:

(a) Act only on a family leave status application recommended for approval by the classification team;

(b) Concur or not concur with the recommendation of the classification team; and

(c) If both the warden or facility administrator and the classification team recommend approval, forward the application to the Commissioner.

(9) The Commissioner shall:

(a) Review the family leave status application; and

(b) Approve or disapprove the application.

(10) After final action, the original application shall be filed in the inmate base file and a copy shall be given to the inmate.

(11) Family leave frequency shall be determined based on the following criteria:

(a) An inmate on active work release and within 4 months of an anticipated release is eligible for a maximum of one family leave every 2 weeks;

(b) An inmate on active work release, or assigned to institutional jobs or school on a full-time basis, is eligible for a maximum of one family leave a month;

(c) A prerelease security level inmate assigned to an institutional job or school on less than a full-time basis is eligible for a maximum of one family leave every 3 months; and

(d) A prerelease security inmate who does not have work release status, an anticipated released date, an institutional job, or a school assignment is eligible for a maximum of one family leave every 4 months.

(12) A classification counselor shall complete a family leave authorization at least 1 week in advance of the leave and, if the inmate is:

(a) In the Maryland Correctional Prerelease System, forward it to the facility administrator who shall certify the information on the authorization form and approve by signing the leave authorization; or

(b) Housed at another institution, forward the authorization form to the assistant warden.

(13) The facility administrator or assistant warden, acting as the Commissioner's designee, shall approve or disapprove a particular leave and return the authorization to the assigned classification counselor.

(14) The counselor shall distribute the authorization form and, if the warden has approved the leave, take the actions necessary to implement and monitor the leave.

(15) A copy of the leave authorization shall be filed by the Commissioner in his office as a public record.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .04 amended effective November 22, 1993 (20:23 Md. R. 1805)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.19.04 Special Leave.

A. An inmate may be authorized a special leave under the conditions in this regulation.

B. Special Leave—8 Hours Per Day.

(1) An inmate classified to minimum security may be authorized special leave for a period not to exceed 8 hours per day for any of the following purposes:

(a) To attend a Maryland trade licensing examination, or to take a civil service examination, provided that the inmate is within 1 year of a release date;

(b) To attend an employment interview in Maryland, provided that a prospective employer initiates a written request to the inmate's case management specialist and the inmate is within 3 months of a release date;

(c) To attend an educational or vocational training interview or registration within Maryland provided that the inmate is within 3 months of a release date;

(d) To attend a short-term educational or vocational program in Maryland;

(e) To participate as a volunteer for a government agency in Maryland in an activity serving the general public;

(f) To participate in a community athletic league sponsored competition in Maryland as a member of an institutional team;

(g) To participate in civic activities in Maryland beneficial to the inmate or the community, or both, including activities such as Jaycees and civic or community speaking engagements.

(2) Special leave may not be used to allow the inmate to:

(a) Attend college; or

(b) Be tested for college.

C. Special Leave—12 Hours Per Day.

(1) An inmate classified to prerelease security may be authorized special leave for a period not to exceed 12 hours per day for any of the following reasons:

(a) To attend a Maryland trade licensing examination, or to take a civil service examination;

(b) To attend an employment interview in Maryland, provided that a prospective employer initiates a request to the inmate's case management specialist;

(d) To attend a short-term educational or vocational program in Maryland;

(e) To participate as a volunteer for a government agency in Maryland in an activity serving the general public;

(f) To participate in a community athletic league sponsored competition in Maryland as a member of an institutional team;

(g) To participate in civic activities in Maryland beneficial to the inmate or the community, or both, including activities such as Jaycees and civic or community speaking engagements;

(h) To attend mental health or substance abuse treatment, or both, or to attend an interview for mental health or substance abuse treatment, or both, in Maryland when this treatment is not available in the Division.

(2) Special leave may not be used to allow the inmate to:

(a) Attend college; or

(b) Be tested for college.

D. Special Leave Approval Process.

(1) A warden shall ensure that each special leave is:

(a) Recommended for approval by a Division case management team;

(b) Reviewed and approved by the warden or the warden's designee; and

(2) Notwithstanding a provision of this regulation, the Commissioner and those the Commissioner authorizes shall retain the absolute discretion to modify, suspend, or terminate this program in whole or in part for a reason or no reason. Similarly, the Commissioner or designee shall retain the discretion to terminate the participation of an inmate in this program at any time for a reason or no reason.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .04 amended effective November 22, 1993 (20:23 Md. R. 1805)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.19.05 Compassionate Leave.

A. Policy. Notwithstanding a provision of this regulation, the Commissioner and those the Commissioner authorizes shall retain the absolute discretion to modify, suspend, or terminate this program in whole or in part for a reason or no reason. Similarly, the Commissioner or designees retain the discretion to terminate the participation of an inmate in this program at any time for a reason or no reason.

B. Procedure.

(1) Compassionate leave may be authorized for the purpose of allowing an inmate to visit a member of the inmate's immediate family who is seriously ill, or to attend the funeral of a member of the inmate's immediate family. An inmate:

(a) May visit a funeral home to view the bier;

(b) Classified to the prerelease security level may attend the funeral service.

(2) Each warden shall ensure that a compassionate leave is requested on the inmate leave request and authorization form.

(3) Each warden shall ensure that the inmate leave request and authorization form is verified by appropriate institutional staff.

(4) A compassionate leave shall be approved by the warden or facility administrator with the concurrence of the Commissioner or duty officer.

(5) The warden shall establish security requirements for compassionate leave.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .04 amended effective November 22, 1993 (20:23 Md. R. 1805)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.20 Inmate Mail [Repealed]

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulations .01—.08 repealed effective February 19, 2024 (51:3 Md. R.154)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.21 Inmate Marriage

COMAR 12.02.21.01 Purpose.

A. This chapter establishes the policy for the Department of Public Safety and Correctional Services (Department) concerning inmate marriage.

B. This chapter establishes procedures for:

(1) Requesting to marry an inmate at a correctional facility;

(2) Processing and approving a request to marry an inmate at a correctional facility; and

(3) Arranging for and conducting the marriage ceremony.

C. This chapter is not intended to infringe upon an individual’s statutory right to marry, but does govern how the legal right to marry may be exercised when the marriage involves an inmate confined in a Department correctional facility.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Business day” means a day of the week other than Saturday or Sunday or any other day that State offices are closed.

(2) “Correctional facility” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland.

(3) Employee.

(a) “Employee” means an individual assigned to or employed by the Department in a full-time, part-time, temporary, or contractual position regardless of job title or classification.

(b) “Employee” includes:

(i) An intern; and

(ii) A volunteer.

(4) Inmate.

(a) “Inmate” means an individual who is actively or constructively detained or confined in a Department correctional facility.

(b) “Inmate” includes an individual referred to as:

(i) A detainee;

(ii) An offender;

(iii) A prisoner; and

(iv) A resident.

(5) “Marry” means the legal union of two individuals in matrimony.

(6) “Officiant” means an individual authorized by State law to legally marry individuals.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.03 Eligibility.

A. An inmate and the inmate’s intended spouse shall comply with minimum requirements established by State and local statute and regulation concerning eligibility to marry.

B. An inmate may not marry:

(1) An employee; or

(2) Another inmate.

C. An inmate shall be mentally competent according to State law.

Cross References

12.02.21.06C(2)(a)

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.04 Inmate Records.

An individual planning to marry an inmate may request and be granted access to the inmate’s correctional history according to procedures established elsewhere in COMAR for accessing inmate case records after the commitment to marry is agreed to by both the inmate and intended spouse.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.05 Requesting to Marry an Inmate at a Correctional Facility.

A. The inmate and the inmate’s intended spouse are required to independently submit a written request to marry.

B. A written request to marry under §A of this regulation shall be submitted to the inmate’s managing official:

(1) In a format established by the managing official that, at a minimum, provides the following information:

(a) From the inmate, the:

(i) Inmate’s name;

(ii) Inmate’s identification number;

(iii) Inmate’s facility and housing assignment;

(iv) Intended spouse’s full name;

(v) Intended spouse’s date of birth;

(vi) The date requested for the ceremony; and

(vii) The type of ceremony, for example, civil or religious; and

(b) From the intended spouse, the intended spouse’s:

(i) Full name;

(ii) Current address;

(iii) Current telephone number;

(iv) Date of birth;

(v) Social security number;

(vi) Statement indicating that the intended spouse has reviewed or declines to view the inmate’s correctional history; and

(vii) Correctional or law enforcement volunteer or employment history, if applicable; and

(2) At least 60 business days before the date requested for the ceremony.

C. If requested, a managing official may approve up to three sessions of premarital counseling involving the inmate, intended spouse, and approved officiant.

D. Only the managing official of the correctional facility where an inmate is requesting to marry may authorize an inmate to marry at the correctional facility.

E. A managing official may not require a chaplain or other religious leader under the authority of the managing official to participate in the inmate marriage process established under this chapter if the chaplain or other religious leader has a religious constraint.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.06 Processing a Request to Marry an Inmate at a Correctional Facility.

A. Within 5 business days of receiving written requests to marry an inmate at a correctional facility from both the inmate and the intended spouse, the managing official shall designate a member of the facility’s staff to process the request to marry an inmate at the facility according to this chapter.

B. The individual designated (designee) under §A of this regulation shall:

(1) Review the requests from the inmate and intended spouse; and

(2) At a minimum:

(a) Establish that the:

(i) Commitment to marry is agreed to by both the inmate and intended spouse;

(ii) Marriage does not constitute a threat to security or operation of the facility; and

(iii) Marriage complies with requirements established under this chapter; and

(b) Consider the following information:

(i) The inmate’s criminal record to include information contained in related police reports and presentence investigations;

(ii) The inmate’s correctional adjustment history;

(iii) Compliance with the inmate’s case plan;

(iv) The existence of detainers and pending charges for the inmate and intended spouse;

(v) The inmates physical and mental health;

(vi) If the inmate is a Patuxent inmate, a statement from the Patuxent inmate’s treatment team as to the inmate’s mental competency; and

(vii) Whether the intended spouse had any involvement in correctional or law enforcement related services (volunteer or employment) that may have placed the intended spouse in contact with the inmate.

C. The designee processing a request under §A of this regulation shall:

(1) Review the information provided by the inmate and intended spouse, or additional information requested of the parties; and

(2) Determine if the requested marriage:

(a) Meets eligibility requirements established under Regulation .03 of this chapter;

(b) Meets minimum requirements established under §B(2)(a) of this regulation; and

(c) Would not pose a risk to security or the orderly operation of the facility based on the information considered under §B(2)(b) of this regulation.

D. If the designee determines that the inmate marriage does not meet minimum requirements under §C(2) of this regulation the designee shall:

(1) Prepare a written recommendation to deny the request;

(2) Include in the recommendation the basis for the recommendation; and

(3) Forward the recommendation to the managing official no later than 10 business days after being designated to process the request.

E. A managing official receiving a recommendation under §D of this regulation may:

(1) Accept the recommendation, in which case the managing official shall notify the designee to advise the inmate and intended spouse, in writing, that:

(a) The marriage ceremony will not be permitted at the correctional facility and the reasons; and

(b) Unless the inmate demonstrates significant change in the circumstances on which the denial is based as provided under §E(1)(a) of this regulation the managing official’s decision is final with no opportunity for appeal; or

(2) Not accept the recommendation and advise the designee to continue to process the request:

(a) As submitted; or

(b) With modification to the original submission.

F. If the designee finds the request meets requirements under §C of this regulation or the managing official directs that the designee continue to process the request, with or without modification, under §E(2) of this regulation, the designee shall process the request as specified under Regulation .07 of this chapter.

Cross References

12.02.21.07B

12.02.21.07B(1)

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.07 Authorization — Request to Marry an Inmate at a Correctional Facility.

A. The managing official’s authorization to marry an inmate at the correctional facility is contingent upon receipt and approval of information required under this regulation.

B. A designee processing a request to marry an inmate that has met the conditions established under Regulation .06 of this chapter shall:

(1) Within 5 business days of determining that the request meets conditions established under Regulation .06 of this chapter the designee shall:

(a) Provide the inmate with a copy of an Inmate Marriage Information sheet; and

(b) Instruct the inmate on completing the Inmate Marriage Information sheet advising that:

(i) The authorization of the request to marry an inmate at the correctional facility is predicated on receipt and approval of the information requested on the sheet;

(ii) The inmate shall complete or have the intended spouse complete the sheet and submit the completed sheet to the coordinator a minimum of 10 business days before the requested date of the ceremony;

(iii) The inmate and the intended spouse shall retain a copy of the completed sheet; and

(iv) The inmate or intended spouse shall provide the officiant named on the sheet a copy of the sheet; and

(2) Advise the inmate that:

(a) The inmate, or the intended spouse, is responsible for expenses related to the marriage, for example, the marriage license fee and expenses for the ceremony and officiant;

(b) The intended spouse is responsible for obtaining the marriage license in the county where the inmate’s correctional facility is located;

(c) The intended spouse is responsible for providing a legally accepted copy of the marriage license to the coordinator (submitted with the completed Inmate Marriage Information sheet);

(d) A Department officiant may not participate in the arrangements for the inmate marriage and the intended spouse is responsible for obtaining the services of an officiant and notifying the coordinator in writing (included in the completed Inmate Marriage Information sheet);

(e) The intended spouse is required to obtain a list of items the officiant intends to use at the ceremony (included with the Inmate Marriage Information sheet);

(f) A maximum of four guests (identification information is required to be included in the Inmate Marriage Information sheet) may be permitted to attend the marriage ceremony based on:

(i) The intended spouse and officiant are not counted as guests; and

(ii) Any individual under 18 years old, including an infant, shall be counted as a guest;

(g) The intended spouse, officiant, and guests are required to comply with all policy and procedure and COMAR regarding visitors to the facility; and

(h) The maximum time permitted for conducting the marriage ceremony and post-ceremony visitation is 2 hours.

C. Upon receipt of the information required under §B of this regulation by the designee, the designee shall, as soon as possible after receipt, present the information to the inmate’s managing official for review and authorization of the request to marry an inmate at the correctional facility.

D. A managing official shall review the information received in connection with the request to marry an inmate at the correctional facility and notify the designee that the information is:

(1) Acceptable and that authorization to marry the inmate at the correctional facility is granted; or

(2) Not acceptable and the request to marry an inmate at the correctional facility is denied.

E. If the request to marry an inmate at the correctional facility is denied under §D(2) of this regulation, the designee shall notify the inmate and intended spouse, in writing:

(1) Of the denial;

(2) Of the reason for the denial; and

(3) Unless the inmate demonstrates significant change in the circumstances on which the denial is based as provided under §E(2) of this regulation, the denial is final with no opportunity for appeal.

F. If the managing official authorizes a request to marry an inmate at the correctional facility, as part of the authorization, the managing official may:

(1) Limit the number of guests to less than four;

(2) Deny attendance of a specific requested guest;

(3) Reduce the time permitted for conducting the marriage ceremony and post-ceremony visitation;

(4) Deny the use of items to be used by the officiant;

(5) Approve the original date and time requested for the ceremony; or

(6) Establish an alternate date and time for the ceremony.

Cross References

12.02.21.06F

12.02.21.08A

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.08 Arrangements for Inmate Marriage Ceremony.

A. When notified under Regulation .07 of this chapter of the managing official’s authorization of a request to marry an inmate at the correctional facility, the designee shall finalize arrangements for conducting the ceremony.

B. The designee shall:

(1) Notify the affected shift supervisor, or a designee, of the date and time of the ceremony;

(2) Arrange for entry to the facility of:

(a) The intended spouse;

(b) Approved guests; and

(3) If appropriate, register the inmate’s wedding ring with the facility property officer; and

(4) Arrange for approved post-ceremony visitation.

C. After the ceremony is completed, the inmate or the inmate’s spouse shall:

(1) Immediately obtain a copy of the certificate of marriage signed by the officiant; and

(2) Within 5 business days of the date of the ceremony provide the designee with a copy of the court-approved certificate of marriage.

D. Upon receipt of the court-approved certificate of marriage, the designee shall forward all documents related to the inmate’s marriage to Case Management for inclusion in the inmate’s base file.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.09 Nondisciplinary Inmate Transfer — Subsequent to Approved Request to Marry an Inmate at the Correctional Facility.

A. If authorization to marry an inmate at a correctional facility has been granted and the involved inmate is transferred to a different Department correctional facility for nondisciplinary reasons, the inmate, if the inmate intends to continue with the plan to marry, is required to notify the managing official of the receiving correctional facility, as soon as possible after the transfer is completed, of the intent to marry.

B. A managing official notified under §A of this regulation shall:

(1) Obtain from the inmate’s previous managing official documentation concerning the request and authorization to marry an inmate at the correctional facility; and

(2) Review the information obtained.

C. After review of the information concerning the request and authorization, the new managing official may, according to provisions established under this chapter:

(1) Overturn the previous managing official’s authorization and deny the request to marry an inmate at the new correctional facility; or

(2) Modify the previous managing official’s authorization.

D. Notifications and arrangements related to conducting the marriage ceremony at the receiving correctional facility shall be in accord with those established in this chapter.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.10 Disciplinary Inmate Transfer — Subsequent to Approved Request to Marry an Inmate at the Correctional Facility.

If an inmate who has been granted permission to marry at a correctional facility under this directive is transferred to a different Department correctional facility for disciplinary reasons, the inmate, if the inmate intends to continue with the plan to marry, is required to initiate a new request to marry at the correctional facility in accord with provisions of this chapter.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.11 Federal or Interstate Corrections Compact Transfer — Subsequent to Approved Request to Marry an Inmate at the Correctional Facility.

A. If an inmate who is housed in a Department correctional facility, but who is under federal or another state’s jurisdiction, requests to marry at the correctional facility, the inmate is required to:

(1) Comply with policy and procedure and statute and regulation concerning inmate marriage of the sending jurisdiction; and

(2) If the inmate is a federal detainee, obtain authorization from the United States Marshall and the prosecutor in the detainee’s case.

B. If an inmate under §A of this regulation submits a request to marry at the correctional facility to a Department managing official, the managing official, or a designee, shall include contact with and input from the inmate’s responsible jurisdiction as part of processing the request to marry at the correctional facility as established under this chapter.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.21.12 Housing a Married Inmate.

A. If an individual, who is not in the custody of the Department and married to an inmate, is subsequently placed in the custody of the Department, the married couple may not be housed in the same dormitory or housing unit.

B. If a married couple, who at the time of the marriage is not in the custody of the Department, is subsequently placed in the custody of the Department, the married couple may not be housed in the same dormitory or housing unit.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: ——————
Administrative History: Regulation .01 repealed and new Regulations .01—.12 adopted effective April 11, 2016 (43:7 Md. R. 451)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.22 Inmate Deaths

COMAR 12.02.22.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Commissioner” means Commissioner of the Division of Correction or designee.

(2) “Division” means Division of Correction.

(3) “Family member” means a person who is immediately related to an inmate by blood or law including:

(a) Spouse;

(b) Child who is at least 18 years old;

(d) Sibling;

(e) Grandparent; and

(f) Grandchild who is at least 18 years old.

(4) “Indigent inmate” means an inmate who, at the time of death, is under control of the Division and who does not have:

(a) Sufficient funds to pay for funeral and burial expenses;

(b) A person legally responsible for the inmate's support who is able to pay funeral and burial expenses; or

(c) Resources available including family funds, death benefits, estate, or an inmate account, which may be used to pay funeral and burial expenses.

(5) “Police” means the Baltimore City Police Department for a Baltimore facility and a local State Police installation for another facility.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.22.02 Handling Death of Inmate.

A. The Commissioner shall ensure that each warden takes the following actions when an inmate death occurs within an institution:

(1) Notifications by shift commander or designee shall include the:

(a) Local police;

(b) Division Deputy Commissioner during normal business hours;

(d) Director of Health Services or designee at Division headquarters.

(2) The shift commander shall preserve the scene, and after receiving clearance to do so from the investigating agency, appropriate staff shall inventory and secure the deceased inmate's property within the institution.

(3) For the purpose of positive identification, the institutional identification officer shall take fingerprints of the deceased and prepare a notice of death for the Federal Bureau of Investigation.

(4) The institution shall obtain two copies of the autopsy report when appropriate. The autopsy reports shall be distributed as follows:

(a) One copy shall be placed in the inmate base file; and

(b) One copy shall be forwarded to Division headquarters for inclusion in the serious incident report.

(5) The next of kin shall be notified by the institution chaplain or designee.

B. When an inmate is known to have died while in a hospital other than a Division of Correction hospital, the Commissioner shall ensure that the following action is taken after the medical doctor on the scene has pronounced the inmate dead. The responsible correctional officer on duty at the hospital at the time of the inmate's death shall:

(1) Notify the institutional shift commander, and the shift commander or designee shall notify the Director of Health Services, Division headquarters;

(2) Obtain a receipt for the body before leaving the hospital;

(3) Inventory the inmate's personal possessions at the hospital; and

(4) Return the property to the institutional property officer.

C. When an inmate is known to have died of natural causes in a Division of Correction hospital or medical unit, the Commissioner shall ensure that each warden takes the following actions after the medical doctor on the scene has pronounced the inmate dead:

(1) Notify the institution shift commander, and the shift commander or designee shall notify the Director of Health Services, Division headquarters;

(2) Obtain a receipt for the body before leaving the hospital;

(3) Inventory the inmate's personal possessions in the hospital; and

(4) Return the property to the institutional property officer.

D. After the required immediate actions have been taken and the initial notifications have been made, the Commissioner shall ensure that a warden:

(1) Secures three copies of the death certificate from the Division of Vital Records to be distributed as follows:

(a) One copy shall be placed in the inmate's base file,

(b) One copy shall be given or mailed to the next of kin, and

(2) Ensures that the provisions of Regulation .03 are followed in cases when the next of kin intends to claim the body, when both the next of kin and the inmate are indigent;

(3) Advises the next of kin to seek assistance of legal counsel to obtain authority to receive the personal property of the inmate;

(4) In accordance with Division regulations:

(a) Releases the inmate's personal property and money to a person who produces a letter of administration issued by a court,

(b) Obtains a receipt and files it with the inmate's base file.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.22.03 Eligibility for Funeral and Burial Expenses of Indigent Inmates.

A. The warden or designee shall refer a family member of the deceased indigent inmate to the Department of Human Services for the determination of the indigent inmate's eligibility for funeral and burial funds.

B. The Commissioner shall ensure that a family member who assumes responsibility for burial is known to the Maryland Department of Human Services by current eligibility for one of the following:

(1) Cash benefit support;

(2) Food stamps; or

(3) Medical assistance.

C. The Commissioner shall ensure the verification of current eligibility is determined by confirmation from a local agency of the Maryland Department of Human Services.

D. A family member assuming responsibility for burial shall visit the local Department of Human Services agency to complete the appropriate form to initiate application for Division funeral and burial expenses.

E. Upon eligibility confirmation and receipt of the vendor's billing statement, the funds shall be paid by the Division directly to the funeral director of the family's choice.

F. The amount of the eligibility entitlement supplements available funds, including the inmate's account, as specified in Article 88A, Sec. 62A, Annotated Code of Maryland.

G. If the body of the indigent inmate is not claimed within 48 hours, the warden or warden's designee shall coordinate disposition of the body with the State Anatomy Board.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.23 Serious Illness or Injury of Inmate

COMAR 12.02.23.01 Procedure.

A. The institution shift commander or designee shall immediately notify the following officials when an inmate is seriously ill or injured:

(1) Commissioner or duty officer, as appropriate;

(2) Warden; and

(3) Assistant warden.

B. Upon notification of serious illness or injury to an inmate, the warden or designee shall contact an inmate's next of kin and inform them of the inmate's condition.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.24 Case Management

COMAR 12.02.24.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Case management” means the process employed to identify and address inmate needs.

(2) “Case manager” means the case management specialist assigned to each inmate in the case management process.

(3) “Commission” means the Maryland Parole Commission.

(4) “Discipline” means any of the following fields of correctional service:

(a) Substance abuse treatment;

(b) Classification;

(d) Education;

(e) Medical;

(f) Psychology; or

(g) Social work.

(5) “Division” means Division of Correction.

(6) Escape.

(a) “Escape” means a documented incident of an inmate's unauthorized absence from custody.

(b) “Escape” does not include an inmate on work release or assigned to the central home detention unit, who is convicted solely of unauthorized absence or being out of bounds.

(7) “Incarceration” has the meaning stated in COMAR 12.12.06.01B.

(8) “Inmate case record” means documentation assembled, maintained, and used under Correctional Services Article, §3-601, Annotated Code of Maryland.

(9) “Inmate programming” means the process of placing an inmate in programs that address the inmate's risks and needs.

(10) “Mutual agreement programming (MAP)” means a process of negotiating agreements between an inmate, the Maryland Parole Commission, and the Division that provides the inmate with a guaranteed parole release date.

(11) “Special housing identifier” means a case management assignment that requires single-celling.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Chapter revised effective June 23, 2003 (30:12 Md. R. 789)
Administrative History: Regulation .02D amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 28, 2012 (39:10 Md. R. 660)
Administrative History: Regulation .05D amended effective June 6, 2016 (43:11 Md. R. 635)
Authority: Correctional Services Article, §§2-109(c) and 3-602(d), Annotated Code of Maryland

COMAR 12.02.24.02 Case Management.

A. With the approval of the Commissioner, case management shall be used to:

(1) Classify the inmate to a security level;

(2) Change the inmate's security level;

(3) Assign the inmate to housing;

(4) Prepare recommendations for parole of an inmate;

(5) Determine an inmate's eligibility for leave;

(6) Determine the propriety for transfer between facilities;

(7) Facilitate Interstate Corrections Compact transfer;

(8) Determine the inmate's eligibility for participation in MAP;

(9) Determine the propriety of an early parole hearing;

(10) Determine the inmate's eligibility for programming assignment; and

(11) Assign the inmate to programs involving:

(a) Treatment;

(b) Training; or

B. The Commissioner or the Commissioner's designee may:

(1) Modify, suspend, or terminate the case management process; or

(2) Modify the classification and assignment of any inmate.

C. Security and Housing Classification Requirements.

(1) An inmate returned to custody after an escape from an assignment to a minimum security or pre-release facility shall be housed in a medium security facility without case management action.

(2) Upon receipt into the custody of the Commissioner, an inmate sentenced to life imprisonment or the death penalty shall be classified at the maximum security level.

D. A recommendation based on a case management determination that an inmate is eligible for a change in the inmate's classification level may not entitle the inmate to the change.

E. An inmate may appeal the case management actions.

F. An informal appeal under §E of this regulation shall be made in writing to the:

(1) Warden for case management actions if the warden is the final approving authority; or

(2) Commissioner for case management actions if the Commissioner is the final approving authority.

G. A formal appeal under §E of this regulation shall be made to the Inmate Grievance Office according to procedures established by the Inmate Grievance Office.

H. The Commissioner shall ensure that:

(1) Employees involved in the case management process are trained in the case management requirements;

(2) A review of the case management regulations is part of orientation for a newly received inmate; and

(3) An authorized terminal operator enters complete and accurate case management information concerning initial security designation and security reclassifications in the inmate's record.

Cross References

12.02.06.01B(2)

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Chapter revised effective June 23, 2003 (30:12 Md. R. 789)
Administrative History: Regulation .02D amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 28, 2012 (39:10 Md. R. 660)
Administrative History: Regulation .05D amended effective June 6, 2016 (43:11 Md. R. 635)
Authority: Correctional Services Article, §§2-109(c) and 3-602(d), Annotated Code of Maryland

COMAR 12.02.24.03 Case Management Review Team.

A. At a minimum, a case management review team shall consist of:

(1) A chairman that may be a:

(a) Case management manager;

(b) Case management specialist II; or

(2) The inmate's assigned case manager, if available; and

(3) A correctional officer holding the rank of sergeant or above.

B. In addition to the members identified in §A of this regulation, any of the following employees are encouraged to be part of the team:

(1) Psychologist;

(2) Vocational or academic instructor, or both;

(3) State Use Industries manager or designee; or

(4) Social worker.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Chapter revised effective June 23, 2003 (30:12 Md. R. 789)
Administrative History: Regulation .02D amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 28, 2012 (39:10 Md. R. 660)
Administrative History: Regulation .05D amended effective June 6, 2016 (43:11 Md. R. 635)
Authority: Correctional Services Article, §§2-109(c) and 3-602(d), Annotated Code of Maryland

COMAR 12.02.24.04 Case Management Procedure.

A. An assessment of the inmate shall be completed before developing a case management plan. The assessment, at a minimum, shall address the following areas concerning the inmate:

(1) Security risk of the inmate;

(2) Criminal history;

(3) Nature and circumstances of the inmate's current offense;

(4) Substance abuse assessment;

(5) Medical evaluation;

(6) Work and skill training history;

(7) Educational data; and

(8) Other information such as psychological assessments or evaluations.

B. The case manager assigned to the inmate shall prepare the proper documentation and submit the paperwork to the case management supervisor.

C. The case management supervisor shall:

(1) Review the documentation;

(2) Develop and record recommendations and rationale;

(3) Sign the form;

(4) Ensure that, if a nonconcurrence is recorded, a brief explanation is included on the form;

(5) Ensure that, if a crime victim has filed a request for the reading of the victim impact statement, the statement is read during a case management review where the inmate is considered for:

(a) Family leave;

(b) Special leave; or

(6) Forward the form to the warden or the warden's designee.

D. Review.

(1) A warden should review all case management recommendations.

(2) Except for those actions identified by law requiring a warden's review, a designee may be assigned to conduct reviews of case management actions.

E. The warden, or if permitted, a designee, shall review case management actions that:

(1) Override a recommendation of reclassification;

(2) Involve an increase or decrease in an inmate's security level;

(3) Affect work release;

(4) Affect community adult rehabilitation center transfers; or

(5) Affect case management recommendations which require the warden's review.

F. The warden or designee may:

(1) Approve the case management recommendations; or

(2) Provide a written rationale for:

(a) Disapproving the recommendations;

(b) Ordering further action on the proposal; or

G. Except for actions under §H of this regulation, a warden or if permitted, a warden's designee, shall sign and date the appropriate case management form and return the document to the inmate's assigned case manager for processing.

H. After completing the following case management outcomes, a warden or designee shall forward the case to the Commissioner for review:

(1) Transfer to the Maryland Correctional Adjustment Center;

(2) Special leave;

(3) Interstate Corrections Compact transfer; or

(4) Case management recommendations regarding contractual transfer to the Federal Bureau of Prisons, regardless of case management or warden's recommendation.

I. The Commissioner of Correction shall review the warden's recommendation concerning issues in §H of this regulation and have the same options as identified for the warden under §F of this regulation.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Chapter revised effective June 23, 2003 (30:12 Md. R. 789)
Administrative History: Regulation .02D amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 28, 2012 (39:10 Md. R. 660)
Administrative History: Regulation .05D amended effective June 6, 2016 (43:11 Md. R. 635)
Authority: Correctional Services Article, §§2-109(c) and 3-602(d), Annotated Code of Maryland

COMAR 12.02.24.05 Inmate Programming.

A. Inmate programming shall ensure that inmates:

(1) Are assessed to determine risks and needs;

(2) Have, if appropriate, an individualized written program plan that addresses identified risks and needs; and

(3) Are monitored for implementation of the program plan.

B. A multidisciplinary approach to programming shall be used in the case management process.

C. The Division shall determine inmate eligibility for programming based on:

(1) The number of inmates that can be served with available program resources; and

(2) The principle that inmates closest to release from incarceration have priority for receiving program services.

D. Inmate participation in programming may be restricted:

(1) If the inmate is in special confinement housing, such as administrative or disciplinary segregation, or protective custody and demonstrates other special needs based on:

(a) Aggressive behavior;

(b) A medical or mental health condition; or

(2) Consistent with established case management procedures, if the inmate’s case manager or other authorized staff member determines that participation in programming while in special confinement housing would pose a threat to:

(a) Facility safety and security; or

(b) The safety of the inmate, staff, or other participants; or

(3) Because programming in the special confinement housing status at the facility:

(a) Is not available to an inmate; or

(b) Would not be beneficial to the inmate.

E. An inmate is expected to recognize and communicate the inmate's own needs.

F. For an inmate to progress to lower levels of security the inmate shall:

(1) Meet objective classification criteria; and

(2) Participate in programs planned to address the inmate's needs.

G. Consistent with available resources, the Division shall provide an inmate with programs which address the inmate's needs.

H. Upon receipt of the final decision on a case management recommendation, the inmate's case manager shall:

(1) Notify the inmate of the final result;

(2) Distribute the required form; and

(3) Ensure that the final result is recorded on the inmate institutional progress sheet, along with the date of the final action.

I. The case manager shall monitor assigned case management plans to ensure that each is being implemented. The case manager shall:

(1) Take appropriate action to ensure that program activities are conducted as scheduled in the plan;

(2) Regularly:

(a) Assess inmate progress;

(b) Provide counseling when necessary; and

(3) Report to a supervisor each incident where a case management program plan requirement has not been implemented.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Chapter revised effective June 23, 2003 (30:12 Md. R. 789)
Administrative History: Regulation .02D amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 28, 2012 (39:10 Md. R. 660)
Administrative History: Regulation .05D amended effective June 6, 2016 (43:11 Md. R. 635)
Authority: Correctional Services Article, §§2-109(c) and 3-602(d), Annotated Code of Maryland

COMAR 12.02.24.06 Case Management Parole Hearing Procedures.

A. Pre-Parole Hearing Procedure.

(1) The Commission shall provide each institution with:

(a) A master list of inmates scheduled for parole hearings, 60 days before the date of the earliest hearing on the list; or

(b) A qualified list of inmates scheduled for parole hearings that reflects additions and deletions, 30 days before the date of the first hearing on the list.

(2) Upon receipt of a list of inmates scheduled for a parole hearing, a case management supervisor shall assign a case manager to complete and distribute, at least 20 days before the date of the first hearing, a pre-parole summary for each inmate scheduled.

(3) A case management supervisor shall ensure that:

(a) The inmate's assigned case manager or a designated case manager attends an inmate's parole hearing; and

(b) The inmate's record is available at the parole hearing.

(4) For programming purposes, an inmate may be considered for an early parole hearing if the inmate:

(a) Has a term of confinement that does not exceed 16 years;

(b) Is not presently incarcerated because of parole or mandatory release revocation;

(d) Does not have two prior sentences of 6 months or more.

(5) The case manager shall record the case manager's recommendation concerning the inmate's request for an early parole hearing and related rationale on a classification assignment sheet and forward it to the warden for review.

(6) The warden shall conduct those activities as provided under Regulation .04D—F of this chapter.

(7) A warden approving the recommendation for an early parole hearing shall send a written request that includes the rationale for the action to the Commission for approval.

B. Post-Parole Hearing Procedures.

(1) If the parole hearing results in a decision to hold the case for additional information or an administrative refusal, within 30 calendar days the inmate's assigned case manager shall:

(a) Take action to resolve the reason, or reasons, for the decision to hold the case or the administrative refusal; and

(b) Notify the Commission employee conducting the parole hearing that the identified issue or issues has or have been addressed.

(2) Except for cases decided by two or more parole commissioners, the inmate may file a written exception to the decision within 5 days of the final written parole decision.

(3) If an inmate is approved for parole and is subsequently convicted of a Category I, II, or III infraction as determined by the Commissioner of Correction or is reclassified to greater security level, the inmate's case manager shall notify the Commission in writing of the conviction or increase in security level, or both, not later than 5 working days from date of conviction or reclassification, or sooner if parole is imminent.

(4) After receipt of the Division's report under §B(3) of this regulation, the Commission may take action considered appropriate including suspending the decision to approve the parole and scheduling a subsequent hearing to:

(a) Rescind the decision to approve;

(b) Extend the date of parole release; or

(5) After a parole hearing decision to disapprove an inmate for parole, the inmate's case manager shall:

(a) Counsel the inmate on the effect the parole decision has on the inmate's status and future programming; and

(b) Refer the inmate, based on the inmate's proximity for release, for case management review which may recommend continuing or changing the inmate's assignment, housing, or security or custody levels.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Chapter revised effective June 23, 2003 (30:12 Md. R. 789)
Administrative History: Regulation .02D amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 28, 2012 (39:10 Md. R. 660)
Administrative History: Regulation .05D amended effective June 6, 2016 (43:11 Md. R. 635)
Authority: Correctional Services Article, §§2-109(c) and 3-602(d), Annotated Code of Maryland

COMAR 12.02.24.07 Inmate Case Records.

A. Inmate Case Record.

(1) The Division shall maintain a record and history for each inmate that includes:

(a) A complete physical description;

(b) A current photograph;

(d) The sentence or sentences imposed for the conviction or convictions;

(e) The inmate's prior criminal and juvenile history;

(f) Presentence investigation, parole, probation, and other reports that have been prepared concerning the inmate;

(g) School records; and

(h) Other information, records, and reports concerning the inmate.

(2) The Division shall work with State and local officials to obtain information for the inmate case record.

B. Access to Inmate Case Records.

(1) Except for a record of a presentence investigation, a warden may grant access to inmate case records without a written request to:

(a) A medical service provider if the information is necessary to provide proper medical care;

(b) An individual authorized by court order;

(d) A Maryland judge; and

(e) A State's attorney.

(2) Except for a record of a presentence investigation, a warden may grant access to inmate case records upon a written request to:

(a) Employees of a State department or agency if the request is in the furtherance of the employee's lawful duties;

(b) Employees of a State, federal, or local law enforcement agency, if the request is in the furtherance of the employee's lawful duties;

(d) Inmates or individuals who have written authorization from the inmate or inmates whose record or records are to be accessed.

(3) Before a warden grants access to an individual identified in §B(1) and (2) of this regulation, except for a Maryland judge or a State's attorney, the warden shall establish that the records:

(a) Shall be used only for legitimate business related purposes of the individual or agency; and

(b) May not be further disseminated to a person or government unit not authorized to review the records.

(4) A warden shall grant access to an inmate's presentence investigation report only to:

(a) The inmate;

(b) The inmate's attorney;

(d) A party when authorization is granted by a court order;

(e) A correctional institution;

(f) A parole, probation, or pretrial release official of this State, any other state, or the United States;

(g) A public or private mental health facility in this State or another state if the inmate has been or is being evaluated for commitment for treatment as a condition of probation; or

(h) A community substance abuse treatment provider in this State or another state if the inmate will be treated or evaluated for treatment by the provider as a condition of probation.

(5) The warden shall ensure that:

(a) Inmate case records are reviewed in the presence of an institution employee;

(b) A fee, established under §I of this regulation, is collected for photocopies; and

(i) Date of review;

(ii) Name of the inmate whose record was reviewed;

(iii) Commitment number of the inmate whose record was reviewed;

(iv) Name of the person requesting access and conducting the review;

(v) Reason for the request; and

(vi) Warden's signature for each approved request for access to inmate case records.

C. Attorney Access to Inmate Case Records.

(1) An attorney requesting access to an inmate's record shall:

(a) Make a written request to the warden;

(b) Make the request with a minimum of 24 hours notice;

(d) Before accessing the record:

(i) Provide written authorization for release of the records signed by the inmate; and

(ii) Display proper identification.

(2) An attorney may be granted access to only those records specifically requested under §B of this regulation.

(3) If the records are to be reviewed by an employee or agent of the attorney making the request, proper identification shall be produced by the attorney's employee or agent before access to the record is granted.

D. Access to Inmate Medical Records.

(1) Inmate medical records are the property of the Division and maintained by a contracted medical provider.

(2) A request for records under this section shall be made in writing to the warden.

(3) The warden shall review and forward the request to the contracted medical provider.

(4) The medical provider shall arrange for the records to be forwarded to the warden who shall arrange for review by the inmate.

(5) Following the inmate's review, the warden shall ensure that the records are returned to the medical provider.

E. Inmate Access to the Inmate's Case Record.

(1) For an inmate to access that inmate's case record, the inmate shall submit a written request for records review to the warden.

(2) The warden shall acknowledge receipt of the request.

(3) The inmate's name shall be recorded on a list maintained by the records department of inmates requesting record review.

(4) Within a reasonable period of time, record department personnel shall schedule the inmate's record review.

(5) Records department personnel shall ensure that material that an inmate may not have access to is removed before the scheduled review. Under this section, an inmate is not entitled to review:

(a) Presentence investigation documents;

(b) Medical records; and

(6) An inmate shall be permitted to review the inmate's record once every 6 months, unless additional reviews are approved by the warden.

F. Inmate Access to Psychological Information.

(1) An inmate may obtain access to psychological information in the inmate's record by a written request to the warden.

(2) A warden shall review an inmate's request with the appropriate psychology staff and determine if access may be granted.

(3) Access to psychological information shall be determined according to the provisions under Health-General Article, §4-307, Annotated Code of Maryland.

(4) If access is denied, the warden shall ensure that a summary of the records that are compatible with the inmate's current level of functioning is prepared and made available to the inmate.

G. Documenting Access and Denial of Access to Records.

(1) If access is granted, a record of the review shall be placed in the inmate's record.

(2) If access is denied, the person making the request shall be notified in writing and a copy of the notification shall be included in the inmate's record.

H. Appeals.

(1) An appeal of a warden's decision to deny access to inmate records may be made to the Commissioner of Correction.

(2) The Commissioner shall make a final determination on the request as provided under COMAR 12.11.02.11.

I. Fees.

(1) The custodian of records shall collect a fee for copying and a fee for preparation of the materials from the requesting party.

(2) A fee may not be charged for the first 2 hours of official employee time that is needed to respond to a request.

(3) Fees for copies and preparation time shall be posted in the records department.

(4) A charge may only be made for a total that is greater than $1.

(5) If it best serves the public interest, the warden may waive costs associated with preparation and providing copies.

(6) Photocopies may not be provided unless:

(a) Procedures have been followed to withdraw the cost from the inmate's financial account; or

(b) For noninmate requests, after arrangements for payment by the requesting party have been made.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Chapter revised effective June 23, 2003 (30:12 Md. R. 789)
Administrative History: Regulation .02D amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 28, 2012 (39:10 Md. R. 660)
Administrative History: Regulation .05D amended effective June 6, 2016 (43:11 Md. R. 635)
Authority: Correctional Services Article, §§2-109(c) and 3-602(d), Annotated Code of Maryland

COMAR 12.02.24.08 Request for Inmate Case Records Maintained at the State Records Center.

A. If a request to review inmate case records is approved under the provisions of this chapter and the records to be reviewed are maintained at the State Records Center, before the scheduled date for the review a case management manager, supervisor, or designee shall:

(1) Complete a reference request form;

(2) Follow established procedures to contact and request retrieval of the records; and

(3) Retrieve the records at the designated State Records Center.

B. When the records are no longer needed, the case management manager, supervisor, or designee shall return the records to the State Records Center.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Chapter revised effective June 23, 2003 (30:12 Md. R. 789)
Administrative History: Regulation .02D amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 28, 2012 (39:10 Md. R. 660)
Administrative History: Regulation .05D amended effective June 6, 2016 (43:11 Md. R. 635)
Authority: Correctional Services Article, §§2-109(c) and 3-602(d), Annotated Code of Maryland

COMAR 12.02.24.09 Waiver of Extradition.

A. The Commissioner of the Division of Correction shall ensure that a waiver of extradition form is completed by an inmate before authorizing leave, work release, or home detention for an inmate.

B. A case management supervisor shall ensure that the waiver of extradition form is filed in the inmate case record.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Chapter revised effective June 23, 2003 (30:12 Md. R. 789)
Administrative History: Regulation .02D amended as an emergency provision effective March 23, 2012 (39:8 Md. R. 532); amended permanently effective May 28, 2012 (39:10 Md. R. 660)
Administrative History: Regulation .05D amended effective June 6, 2016 (43:11 Md. R. 635)
Authority: Correctional Services Article, §§2-109(c) and 3-602(d), Annotated Code of Maryland

12.02.25 Mutual Agreement Programming

COMAR 12.02.25.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Case management unit” means a unit assigned to Division headquarters which is responsible for oversight and coordination of the MAP process.

(2) “Case management specialist” means the assigned employee who is responsible for each eligible inmate in the case management process.

(3) “Commissioner” means the Commissioner of the Division of Correction or designee.

(4) “Correctional options program” means a graduated series of sanctions, treatment, and other program assistance focusing on nonviolent offenders.

(5) “Division” means Division of Correction.

(6) “MAP” means mutual agreement programming which is a process of negotiating an agreement between an inmate, the Parole Commission, and the Division.

(7) “MAP agreement” means an agreement between an inmate, the Division, and the Maryland Parole Commission. This agreement stipulates programming in which an inmate shall participate and includes a guaranteed parole release date that is contingent upon satisfactory completion of all programming requirements in the agreement.

(8) “MAP proposal” means a suggested program plan and suggested parole release that is considered at a MAP negotiation for inclusion in a MAP agreement.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective March 1, 1993 (20:4 Md. R. 372); April 8, 1996 (23:7 Md. R. 554)
Administrative History: Regulation .02B amended effective March 1, 1993 (20:4 Md. R. 372); April 8, 1996 (23:7 Md. R. 554)
Administrative History: Regulation .03 amended effective April 8, 1996 (23:7 Md. R. 554)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.25.02 Eligibility Criteria.

A. Eligibility criteria for MAP shall be prepared mutually by staff members of the Division and the Parole Commission. The criteria, as established, and as revised from time to time, shall be in a written document which shall be on file in the principal offices of the Division and the Parole Commission and made available, upon request, to all interested parties.

B. An inmate may not participate in MAP when the inmate:

(1) Is serving a sentence over which the Maryland Parole Commission has no authority to parole;

(2) Has been refused parole, approved for parole, placed on hold, or administratively refused parole;

(3) Is within 6 months of a parole rehearing;

(4) Has been revoked from parole;

(5) Has had a previous MAP agreement cancelled during the inmate's current incarceration;

(6) Is serving a fourth or subsequent separate adult incarceration of 6 months or more unless approved to participate in the correctional options program;

(7) Has escaped, attempted to escape, conspired to escape within the last 5 years, escaped during the current incarceration, or has two or more escapes at any time;

(8) Has been convicted of a new criminal offense which occurred while under the jurisdiction of the Division during the present incarceration;

(9) Has been convicted of:

(a) First or second degree murder,

(b) First or second degree rape,

(d) Sodomy,

(e) Child abuse, or

(f) Assault with intent to commit, conspiracy to commit, attempt to commit, or solicitation to commit, an offense listed in this subsection;

(10) Is on administrative segregation;

(11) Is on disciplinary segregation or has not been released from disciplinary segregation for at least 180 days;

(12) Is on housing restriction or probation, or has not been released from housing restriction or probation for 90 days;

(13) Has been reclassified to greater security within the past 6 months; or

(14) Is classified to maximum or super maximum security.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective March 1, 1993 (20:4 Md. R. 372); April 8, 1996 (23:7 Md. R. 554)
Administrative History: Regulation .02B amended effective March 1, 1993 (20:4 Md. R. 372); April 8, 1996 (23:7 Md. R. 554)
Administrative History: Regulation .03 amended effective April 8, 1996 (23:7 Md. R. 554)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

COMAR 12.02.25.03 Procedure.

A. Before the development of a MAP proposal:

(1) Division staff shall explain the requirements and procedures of MAP to the inmate;

(2) An assessment shall be completed for each eligible inmate which, at a minimum, shall address the following areas:

(a) Security and custody risks of the inmate;

(b) Inmate's criminal history;

(d) Addictions assessment;

(e) Medical evaluation;

(f) Work and skill training history;

(g) Educational data; and

(h) Other data pertinent to the case such as psychosocial assessments or psychological evaluations;

(3) Division staff shall establish MAP negotiating parameters which shall:

(a) Establish the terms that the Division negotiator may approve at MAP negotiation;

(b) Address at least the following areas of a MAP agreement and which shall be approved by the Commissioner:

(i) Academic programming,

(ii) Vocational programming,

(iii) Treatment programming,

(iv) Behavioral requirements,

(v) Work release assignments,

(vi) Institutional transfers,

(vii) Changes in security, and

(viii) Parole release.

B. In addition to having the MAP negotiation parameters approved by the Commissioner, final approval of a MAP agreement requires the agreement and signature of:

(1) The inmate;

(2) A representative from the Parole Commission; and

(3) The Commissioner.

C. The inmate's case management specialist shall be responsible for monitoring the progress of each MAP agreement to ensure that it is being implemented. The case management specialist shall:

(1) Take appropriate action to ensure that all scheduled activity is carried out within the time criteria established in the agreement;

(2) Routinely assess the progress of an inmate, provide counseling when necessary, and propose changes in the agreement when necessary; and

(3) Report each incident of failure to implement a requirement of the agreement to the case management unit at Division headquarters.

D. When a violation of the MAP agreement is reported, staff of the case management unit shall determine, under the terms of the agreement, whether the reported facts constitute a violation of specific agreement criteria. If it is determined that a violation has occurred, case management unit staff shall prepare a written notice describing the breach of the terms of the agreement. Case management staff shall:

(1) Recommend cancellation of the agreement; or

(2) Recommend amending the terms of the agreement and forward copies of the recommendation to the:

(a) Inmate, and

(b) Maryland Parole Commission.

E. A MAP agreement may be cancelled if the terms of the agreement have been violated, or new information is received which was not known before the MAP negotiation hearing, and at least one of the signers of the agreement requires cancellation. A MAP agreement may also be cancelled at any time at the inmate's written request for any reason. Once a MAP agreement is cancelled, the inmate is subject to routine classification and parole procedures.

F. Completion of Terms of MAP Agreement.

(1) Upon completion of the terms of the MAP agreement, the inmate's case management specialist shall provide the case management unit staff with certification that the inmate has successfully completed the requirements of the agreement.

(2) Case management unit staff shall review and verify the information in §F(1) and forward it to the Parole Commission before the inmate's scheduled release date.

(3) Parole Commission staff shall then ensure that, contingent upon successful completion of all criteria of the MAP agreement, the inmate shall be released as scheduled.

History

Administrative History: Effective date: May 27, 1991 (18:10 Md. R. 1117)
Administrative History: Regulation .01B amended effective March 1, 1993 (20:4 Md. R. 372); April 8, 1996 (23:7 Md. R. 554)
Administrative History: Regulation .02B amended effective March 1, 1993 (20:4 Md. R. 372); April 8, 1996 (23:7 Md. R. 554)
Administrative History: Regulation .03 amended effective April 8, 1996 (23:7 Md. R. 554)
Authority: Correctional Services Article, §2-109(c), Annotated Code of Maryland

12.02.26 Home Detention Program

COMAR 12.02.26.01 Purpose.

A. The Division shall establish a home detention program for an eligible inmate, who, by background and institutional adjustment, is judged able to serve a sentence in the community with minimum risk to public safety.

B. A participating inmate shall reside in a preapproved residence and shall:

(1) When employed, work in a closely monitored employment situation to stabilize a regime before full release into the community;

(2) Receive appropriate educational, substance abuse, and other counseling or habilitative services as may be available through both Division and community resources that will complement and reinforce services received in the institutional setting;

(3) Meet financial obligations as established by the Commissioner.

History

Administrative History: Effective date:
Administrative History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Administrative History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Administrative History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland

COMAR 12.02.26.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administrator” means the prerelease facility administrator of the Division of Correction home detention unit.

(2) “Assistant administrator” means the home detention unit assistant facility administrator who is a senior correctional officer, lieutenant or above, or the senior nonuniformed staff member assigned to the unit, as the administrator directs.

(3) “Assistant warden” means the assistant managing official of the Maryland Correctional Prerelease System.

(4) “Base file” means the documentation concerning an inmate's background, institutional placement, institutional adjustment, etc.

(5) “Commissioner” means the Commissioner of the Division of Correction or the Commissioner's designee of warden, assistant warden, facility administrator, or facility administrator's designee, unless otherwise specified in this chapter.

(6) “Division” means the Division of Correction.

(7) “Electronic supervision” means monitoring of an inmate's location or whereabouts through the use of devices that combine telephone contact and the reception of a signal from a monitoring device worn by the inmate.

(8) “Program staff” means an employee designated by the Commissioner to work in the home detention unit.

(9) “Release date” means any of the following:

(a) Mandatory release date;

(b) Mutual agreement programming release date; and

(10) “Unit” means a home detention unit.

(11) “Warden” means the chief managing official of the Maryland Correctional Prerelease System.

History

Administrative History: Effective date:
Administrative History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Administrative History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Administrative History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland

COMAR 12.02.26.03 Organization and Staffing.

A. To comply with Correctional Services Article, Title 3, Subtitle 4, Annotated Code of Maryland, the Commissioner shall organize and operate a home detention unit as a component of the Division.

B. Staffing of the home detention unit shall consist of classifications to be determined by the Commissioner.

History

Administrative History: Effective date:
Administrative History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Administrative History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Administrative History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland

COMAR 12.02.26.04 Enforcement.

A. Pursuant to Correctional Services Article, §3-412, Annotated Code of Maryland, the Commissioner shall designate individuals in the following classifications with arrest powers over an inmate placed into the home detention unit:

(1) Administrator;

(2) Correctional staff assigned to the home detention unit; and

(3) Select correctional officers assigned to the Division's investigation unit.

B. An individual designated by the Commissioner with arrest powers shall comply with all of the following:

(1) Satisfactorily complete a training program prescribed by the Maryland Police Training Commission;

(2) Satisfactorily complete required in-service training approved by the Maryland Police Training Commission, which training shall be completed during the calendar year following completion of the training program in §B(1) of this regulation;

(3) As a part of the in-service training, qualify annually on authorized firearms and intermediate weapons in courses approved by the Maryland Police Training Commission.

C. Administrative Search Warrant. Pursuant to Correctional Services Article, §3-415, Annotated Code of Maryland, the Commissioner or the Commissioner's designee may petition a District Court or circuit court for an administrative search warrant within the jurisdiction where an inmate's approved residence is located, for the purpose of gaining entry to an inmate's residence to locate and return the inmate to institutional custody.

D. Removal of an Inmate From the Program.

(1) Pursuant to Correctional Services Article, §3-413, Annotated Code of Maryland, the Commissioner or the Commissioner's designee may remove an inmate from home detention participation and return the inmate to institutional custody.

(2) In addition to the Commissioner or the Commissioner's designee, a unit correctional officer or a designated member of the Division's investigation unit is authorized to order and direct removal of an inmate from program participation, if written documentation is submitted to and approved by the administrator before the end of the officer's shift in which the inmate was removed.

(3) An inmate may be removed from program participation for any reason, including, but not limited to:

(a) Violation of a program rule as set forth in Regulation .08 of this chapter;

(b) Medical reason, including mental health problems;

(i) Unable to maintain a functional home environment,

(ii) Under reasonable suspicion of child abuse or neglect,

(iii) Under reasonable suspicion of physically abusing an individual in the household, or

(iv) Under reasonable suspicion that an individual in the inmate's home is creating an environment detrimental to the inmate.

E. Pursuant to Correctional Services Article, §3-409, Annotated Code of Maryland, the willful violation by an inmate of a condition of program placement is a misdemeanor and, on conviction, is punishable for up to 12 months incarceration. The warden, assistant warden, administrator, or assistant administrator may, at their discretion, approve to petition the District Court in the jurisdiction where an inmate resides, with a statement of charges to charge an inmate with a violation of this regulation. Prosecution of an inmate under this regulation may be in addition to other administrative disciplinary action taken by the Division.

F. An inmate convicted of a violation of Correctional Services Article, §3-409, Annotated Code of Maryland, shall lose previously earned credits for good conduct in an amount determined by an adjustment hearing officer during an adjustment hearing.

G. An administrative disciplinary action taken against an inmate shall be performed in accordance with current Division policy on inmate discipline.

H. An inmate may be considered as an escapee when:

(1) Absent from an assigned location; and

(2) The inmate's location is unknown by program staff.

Cross References

12.16.01.07

History

Administrative History: Effective date:
Administrative History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Administrative History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Administrative History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland

COMAR 12.02.26.05 Inmate Eligibility Criteria.

A. The Commissioner may specify treatment and educational programs an inmate is required to complete before becoming eligible for home detention placement.

B. An inmate may be required to participate in a program in the following areas:

(1) Substance abuse treatment;

(2) Employment readiness training; and

(3) A program as directed by the Commissioner.

C. An inmate is ineligible for home detention placement if the inmate:

(1) Is serving a life sentence;

(2) Has ever been convicted of or is now serving a sentence for a crime of violence as defined in Criminal Law Article, §14-101, Annotated Code of Maryland, unless:

(a) 5 years have elapsed since expiration of sentence for the crime of violence, or

(b) The inmate is within 90 days of release on parole expiration or mandatory supervision;

(3) Has ever been convicted of the crime of child abuse under Criminal Law Article, §3-601, Annotated Code of Maryland;

(4) Has ever been found guilty of escape under Criminal Law Article, §9-404, Annotated Code of Maryland;

(5) Has a detainer or pending charge, with the exception of a:

(a) Payable fine,

(b) Civil contempt of court offense, or

(6) Except when the inmate has been convicted of civil contempt of court, is more than 18 months from a definite release date;

(7) Is classified to maximum or super maximum security; or

(8) Does not have a telephone and home plan within the program catchment area.

D. An inmate who has more than 6 months remaining before release at the time of home detention placement is ineligible if the inmate:

(1) Is currently serving a sentence for the manufacturing, distribution, possession with intent to distribute, or conspiracy to distribute a controlled dangerous substance as defined by the Annotated Code of Maryland; or

(2) Has been previously removed from home detention placement for violation of a program rule during the inmate's current incarceration.

E. An inmate shall meet the following criteria to be eligible for placement into home detention:

(1) Has had no convictions for a category I or II rule violation for the past 6 months;

(2) Has signed a waiver of extradition;

(3) Is within 18 months of a:

(a) Mutual agreement programming release date,

(b) Delayed parole release date, or

(4) Agrees to accept approved employment;

(5) Has no chronic medical problem that would preclude the inmate's placement;

(6) Has a telephone in the inmate's approved residence.

Cross References

12.02.26.06A

History

Administrative History: Effective date:
Administrative History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Administrative History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Administrative History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland

COMAR 12.02.26.06 Approving an Inmate for Home Detention Placement.

A. On determination of an inmate's interest in and eligibility for home detention placement, staff of the Division and Baltimore City Detention Center shall conduct screening, assessment, verification, review, and classification of an inmate for approval or disapproval based on exclusionary criteria in Regulation .05 of this chapter. The Division may establish written procedures establishing criteria for a psychological evaluation of an inmate before home detention placement.

B. On approval by staff of the Division or Baltimore City Detention Center, an inmate shall receive further screening from program staff for approval or disapproval based on established procedures.

C. On review and approval of the administrator, an inmate's base file and other screening documentation shall be forwarded to the Commissioner for final review and approval.

D. On the Commissioner's approval, an inmate shall be scheduled for home detention placement.

E. At each step of the screening process, if an inmate is disapproved for program participation, the rationale for the disapproval shall be noted, and the inmate shall be advised of the disapproval and rationale.

F. If a previously registered victim notification requirement exists for an inmate being considered for home detention placement, commitment office staff shall send a certified letter to advise the victim and request that the victim respond to the warden of the facility in which the inmate is currently housed, by telephone or in writing within 7 days. The response shall be available to the classification team for evaluation.

History

Administrative History: Effective date:
Administrative History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Administrative History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Administrative History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland

COMAR 12.02.26.07 Placement of an Inmate Into Home Detention.

A. An inmate shall receive a complete orientation to the home detention program to include:

(1) Signing forms;

(2) Familiarization with the operation of electronic supervision equipment; and

(3) Familiarization with home detention requirements.

B. Following orientation, an inmate shall be transported to the inmate's approved residence where program staff shall:

(1) Install and test assigned electronic supervision equipment; and

(2) Review with the inmate work, treatment, and home schedules.

C. Following placement, program staff, upon request of the local police of the jurisdiction in which an inmate resides, shall notify the police in writing of the inmate's placement.

D. Program staff shall provide an inmate's employer with:

(1) A copy of home detention requirements which the employer and the inmate are required to follow; and

(2) An orientation to the program which includes the Division's expectations of a participating employer.

Cross References

12.16.01.05I

History

Administrative History: Effective date:
Administrative History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Administrative History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Administrative History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland

COMAR 12.02.26.08 Program Rules for an Inmate Assigned to Home Detention.

A. An inmate shall comply with a lawful order received from program staff and program rules established to effect the efficient operation of the program.

B. Failure to comply with a lawful order or program requirements may result, at the discretion of the administrator, in an inmate's removal from home detention placement and return to institutional custody.

C. An inmate shall agree to the following:

(1) An inmate shall remain at the inmate's approved residence except for:

(a) Work during preapproved hours;

(b) An approved visit to the unit offices;

(d) An emergency which is life-threatening to the inmate or another member of the household; and

(e) As directed by the administrator.

(2) An inmate may not violate a city, State, or federal law, and arrest or formal placement of a charge against an inmate for violation of a law shall result in removal from home detention placement.

(3) An inmate may not own, possess, use, or have under the inmate's control a firearm or weapon.

(4) An inmate is subject to search on demand by program staff of the inmate's person, vehicle, and residence.

(5) An inmate may not deny entrance to the inmate's approved residence to program staff.

(6) An inmate shall agree to see program staff on demand at the inmate's place of employment or at a location in the community designated by program staff.

(7) An inmate may not use, or have on the inmate's person or under the inmate's control, an alcoholic beverage.

(8) An inmate may not enter a location that serves or sells an alcoholic beverage, including but not limited to a bar, club, group meeting, or party.

(9) An inmate may not:

(a) Use or possess a controlled dangerous substance; or

(b) Consume medication which is not prescribed by a physician and preapproved by program staff.

(10) An inmate is subject to urinalysis or another form of drug testing on demand by program staff.

(11) An inmate may be required to maintain employment in the private sector or through public service or community service assignment as approved by program staff.

(12) An inmate may not change employment without the prior approval of program staff.

(13) Loss of employment, unless no fault of the inmate, may result in removal from home detention placement.

(14) An inmate may not apply for assistance from a private or governmental agency without the approval of the administrator or designee.

(15) An inmate may not contract for or use a charge account, or make a credit application without the prior approval of the administrator or the administrator's designee.

(16) An inmate shall comply with a directive issued to the inmate by program staff.

(17) An inmate shall attend a treatment activity directed by program staff.

(18) An inmate may not leave the State without prior written permission of the Commissioner.

(19) An inmate may not associate with an individual whom the inmate should reasonably know has a criminal record.

(20) An inmate may not visit a correctional facility without prior approval of the administrator or the administrator's designee.

(21) An inmate shall maintain, at the inmate's expense, a private telephone line during program placement, and an inmate may not leave the telephone receiver off the hook.

(22) An inmate shall answer incoming telephone calls. An incoming and an outgoing call not related to home detention supervision may not be longer than 10 minutes.

(23) An inmate shall permit the installation of electronic supervision equipment at the inmate's place of residence and on the inmate's person as program staff may direct.

(24) An inmate may not move, tamper with, or disturb electronic supervision equipment placed on the inmate's telephone line or person. An inmate shall be financially responsible for damage or loss of assigned electronic supervision equipment.

(25) An inmate shall maintain basic telephone service at the inmate's residence. Call waiting is the only additional telephone service permitted.

(26) An inmate may be required to pay for electronic supervision costs, court-ordered child support, or court-ordered restitution.

(27) An inmate may not operate a motor vehicle without obtaining permission from the administrator, and only on confirmation of the inmate's driver's license status and vehicle registration information by program staff.

(28) An inmate may not change residence status, including the addition of a household member, without the approval of the administrator or the administrator's designee.

Cross References

12.02.26.04D(3)(a)

12.16.01.09

History

Administrative History: Effective date:
Administrative History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Administrative History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Administrative History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland

COMAR 12.02.26.09 Supervision of a Home Detention Inmate.

The Commissioner shall establish minimum standards of supervision as follows:

A. The inmate shall be required to submit to electronic supervision which includes telephone contact and reception of a signal from a monitoring device worn by the inmate;

B. The inmate shall admit program staff to the residence at any time;

C. The inmate shall be personally monitored by program staff as follows:

(1) At home,

(2) At work and through employment verification by contact with the employer and submission of a paycheck stub,

(3) At unit offices,

(4) Through random urinalysis, the frequency to be determined by the administrator.

Cross References

12.16.01.06

History

Administrative History: Effective date:
Administrative History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Administrative History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Administrative History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland

COMAR 12.02.26.10 Disposition of Funds Collected from a Home Detention Inmate.

A. The Division shall determine the amount of, and collect from inmates in the program, a reasonable fee for the cost of electronic supervision.

B. Fees collected shall be processed in accordance with established fiscal procedures regarding the collection, disbursement, and accounting of funds.

C. The Commissioner or designee may authorize an inmate's payment on a sliding scale or waive or adjust these costs, on the written recommendation of the administrator or the administrator's designee.

Cross References

12.16.01.08

History

Administrative History: Effective date:
Administrative History: Regulations .01--.10 adopted as an emergency provision effective March 19, 1991 (18:7 Md. R. 766); emergency status extended at 18:17 Md. R. 1913; emergency status expired October 15, 1991; emergency status reinstated effective November 6, 1991 (18:24 Md. R. 2640); emergency status expired December 9, 1991
Administrative History: Regulations .01--.10 adopted effective December 9, 1991 (18:24 Md. R. 2645)
Administrative History: Regulations .01--.10 amended as an emergency provision effective July 14, 1992 (19:16 Md. R. 1469); emergency status extended at 19:22 Md. R. 1981; amended permanently effective December 21, 1992 (19:25 Md. R. 2207)
Authority: Correctional Services Article, §3-414, Annotated Code of Maryland

COMAR 12.02.27 Inmate Discipline [Repealed — See COMAR 12.03.01]

History

Administrative History: Effective date:
Administrative History: Regulations .01—.37 adopted as an emergency provision effective March 9, 2006 (33:7 Md. R. 628); emergency status extended at 33:19 Md. R. 1555
Administrative History: Regulations .01—.37 adopted effective September 11, 2006 (33:18 Md. R. 1506)
Administrative History: Regulation .03A amended effective December 17, 2007 (34:25 Md. R. 2212)
Administrative History: Regulation .03F adopted effective December 17, 2007 (34:25 Md. R. 2212)
Administrative History: ——————
Administrative History: Chapter revised effective April 21, 2008 (35:8 Md. R. 806)
Administrative History: ——————
Administrative History: Chapter revised as an emergency provision effective September 17, 2011 (38:21 Md. R. 1275); revised permanently effective January 9, 2012 (38:27 Md. R. 1764)
Administrative History: ——————
Administrative History: Chapter repealed effective July 2, 2018 (45:13 Md. R. 668)

12.02.28 Administrative Remedy Procedures to Resolve Inmate Complaints

COMAR 12.02.28.01 Purpose.

A. Under the authority granted the Secretary of Public Safety and Correctional Services under Correctional Services Article, §2-103, Annotated Code of Maryland and concurrence of the Commissioner of Correction and Director of Patuxent Institution:

(1) These regulations apply to an inmate in the custody of the Division of Correction and the Patuxent Institution; and

(2) Responsibilities previously assigned under the Administrative Remedy Procedures to the Director of Patuxent Institution, such as reviewing, approving, and reporting are now the responsibility of the Commissioner of Correction.

B. These regulations establish procedures for an inmate to seek resolution of a complaint through:

(1) Informal resolution with facility staff;

(2) The Administrative Remedy Procedure, which is a formal process consisting of:

(a) Presentation of the complaint to the managing official for investigation and resolution; and

(b) An appeal to the Commissioner of Correction.

C. Except as permitted by the Inmate Grievance Office under COMAR 12.07.01, an inmate shall exhaust the remedies available under this chapter before submitting a complaint to the Inmate Grievance Office.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administrative Remedy Procedure (ARP)” means a formal process established by the Commissioner of Correction to address inmate complaints concerning conditions of confinement.

(2) “Administrative Remedy Coordinator (ARC)” means an employee designated by the Commissioner of Correction or Managing Official to receive, acknowledge, and direct the investigation of ARP complaints and to maintain all records relating to the complaints according to procedures set forth in this chapter.

(3) “Appeal” means the process by which an inmate seeks review by the Commissioner of Correction of a decision regarding a complaint submitted under the ARP at the correctional facility level.

(4) “Closely related issues” means matters that are the result of single incident or condition.

(5) “Commissioner” means the Commissioner of Correction.

(6) “Conditions of confinement” means any circumstances, situations, or events that involve an inmate’s custody, transportation, incarceration, or supervision.

(7) “Correctional facility” means a facility within the Division of Correction or Patuxent Institution that is operated for the purpose of confining an individual who is committed to the custody of the Commissioner.

(8) “Department” means the Department of Public Safety and Correctional Services.

(9) “Formal resolution” means a written decision and, if appropriate, relief from the managing official or Commissioner regarding an inmate complaint filed under the ARP.

(10) “Frivolous” means a complaint that:

(a) Is not serious or practical; or

(b) Shows on its face a complete lack of substance or merit.

(11) “Informal resolution” means the process by which an inmate seeks relief for a complaint from facility staff under this chapter other than through the ARP.

(12) “Inmate” means an individual committed to the custody of the Commissioner and housed in a Division of Correction or Patuxent Institution correctional facility.

(13) “Malicious” means an act that is spiteful, shows ill will, or demonstrates intent to cause harm.

(14) “Managing official” means the warden or other individual responsible for the management of a correctional facility.

(15) “May not” means an absolute prohibition and does not imply discretion.

(16) “Procedural dismissal on preliminary review” means the administrative refusal to accept, investigate, or process an inmate complaint under the ARP, because the inmate’s complaint:

(a) Exceeds time limits for filing the complaint;

(b) Does not provide required or sufficient information;

(d) Is determined to be frivolous or malicious.

(17) “Remedy” means an action to resolve conditions or circumstances that resulted in an inmate complaint under this chapter.

(18) “Working day” means a day of the week excluding weekend days, State holidays, or days on which State offices are closed.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.03 Organization and Responsibilities.

A. The Commissioner, or a designee, is responsible for:

(1) Oversight of the ARP;

(2) Ensuring that a managing official properly applies ARP policy and procedures authorized under this chapter;

(3) Designating a Headquarters ARC;

(4) Designating Headquarters staff to investigate or delegate ARP investigative responsibilities authorized under this chapter;

(5) Responding to appeals with in the established time frame; and

(6) Reviewing ARP decisions on appeal from the correctional facility level.

B. The Headquarters ARC is responsible for:

(1) Managing ARP duties at the Headquarters level;

(2) Ensuring that Headquarters staff perform and complete ARP assignments according to requirements under this chapter;

(3) Reporting to the Commissioner, or a designee, compliance issues related to the ARP;

(4) Processing ARP appeals within the established time frame;

(5) Receiving, acknowledging, and directing investigations related to an ARP appeal;

(6) Maintaining documents and records related to the ARP;

(7) Developing and implementing training programs for investigators and ARCs structured to facilitate the ARP; and

(8) Ensuring facility compliance with requirements of this chapter by auditing correctional facility activities related to inmate complaints.

C. A managing official, or a designee, is responsible for:

(1) Oversight of and compliance with procedures to resolve inmate complaints at the managing official’s correctional facility;

(2) Designating a facility ARC and an alternate facility ARC from the following positions:

(a) Case management specialist; or

(b) Correctional officer;

(3) Ensuring that facility staff are aware of the ARP by:

(a) Providing each new employee with an Administrative Remedy Procedure Fact Sheet for new employees;

(b) Having the new employee sign a receipt for the Administrative Remedy Procedure Fact Sheet for New Employees; and

(4) Ensuring that staff attempt to resolve inmate complaints at the lowest possible level;

(5) Responding to inmate complaints within the established time frame; and

(6) Ensuring that the Introduction to the Administrative Remedy Procedure form is read to the inmate as part of inmate orientation and included in the inmate handbook.

D. A facility ARC is responsible for:

(1) Processing ARP complaints at the ARC’s facility in accordance with established procedures and within the required time frame;

(2) Ensuring that facility staff complete ARP related duties in accordance with established procedures;

(3) Maintaining documents and records related to resolving inmate complaints under this chapter;

(4) Reporting ARP non-compliance issues to the managing official;

(5) Ensuring that ARP forms are available from case management, housing unit officers, and the inmate library; and

(6) Ensuring that appropriate accommodations are made for an inmate with limited English proficiency or a disability that affects the inmate’s ability to file a complaint under the ARP in accordance with Department procedures.

E. A unit liaison:

(1) Is an employee assigned by the managing official, or a designee, to be the ARC’s point of contact in the unit investigating an ARP complaint; and

(2) When assigned an ARP investigation, shall conduct or reassign the investigation to an employee in the same unit.

F. An individual designated to investigate an ARP complaint under this chapter shall:

(1) Thoroughly investigate the complaint using the Administrative Remedy Procedure Case Summary form; and

(2) Complete the assigned investigation and forward documentation to the ARC assigning the investigation within the time limit established for the investigation.

G. The managing official, or a designee, shall ensure that:

(1) Forms required by an inmate to request resolution of a complaint under this chapter are available to the inmate; and

(2) If requested, the inmate is provided appropriate assistance with reading and completing the form.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.04 Conditions of Confinement Subject to the ARP.

A. An inmate may use the ARP to resolve a complaint related to:

(1) Correctional facility policy and procedures;

(2) Medical and mental health services;

(3) Access to a court;

(4) Religious liberties;

(5) Inmate property that is:

(a) Lost;

(b) Damaged;

(d) Destroyed; or

(e) Confiscated;

(6) Complaints against staff;

(7) Use of force;

(8) Sentence computation and diminution of confinement;

(9) Correctional facility conditions affecting inmate:

(a) Health;

(b) Safety; or

(10) Retaliation for seeking to resolve a complaint through the ARP;

(11) Management and application of the procedures under this chapter for resolving an inmate complaint;

(12) Commissary; and

(13) Inmate telephone system.

B. An inmate may not use the ARP to resolve a complaint concerning:

(1) Case management recommendations and decisions;

(2) Parole Commission procedures and decisions;

(3) Inmate disciplinary hearing procedures and decisions;

(4) Appeals of a decision to withhold inmate mail; or

(5) The following acts by staff or another inmate, which shall be addressed according to Department procedures for addressing complaints under the Prison Rape Elimination Act:

(a) Rape;

(b) Sexual assault, sexual harassment, sexual abuse; and

Cross References

12.02.28.11B(1)(b)

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.05 Inmate Complaint Resolution — Overview.

A. An employee who is assigned to investigate and respond to an inmate complaint under this chapter shall work with the inmate to attempt to resolve the inmate’s complaint at the lowest level of inmate supervision.

B. The process for resolving an inmate complaint consists of two components:

(1) Informal resolution; and

(2) Formal resolution through the ARP.

C. Informal Resolution.

(1) An inmate may attempt to resolve a complaint informally by working with appropriate staff to reach a remedy to the conditions resulting in the inmate complaint.

(2) An inmate may initiate a formal request to resolve the complaint if:

(a) The inmate and staff are unable to remedy the inmate complaint; or

(b) Staff does not respond to the inmate’s informal complaint.

(3) An inmate is not required to exhaust the informal resolution procedure in order to file a request for formal resolution through the ARP.

D. Formal resolution of an inmate complaint consists of utilizing the ARP to file:

(1) A request for administrative remedy with the managing official; and

(2) An appeal to the Commissioner, if the inmate is not satisfied with the managing official’s response to the request for an administrative remedy.

E. If the inmate’s complaint is not resolved after an appeal under the ARP, the inmate may file a grievance with the Inmate Grievance Office according to procedures under COMAR 12.07.01.

F. An inmate may not file a request to resolve a complaint under this chapter:

(1) On behalf of another inmate, staff, or other third person, such as a visitor; or

(2) Brought as a class action.

G. The transfer of an inmate to another facility in the Department does not terminate the ARP, although the transfer of an inmate may be relevant to a determination whether the request is moot or whether relief is available.

H. Filing a complaint with the Department’s Intelligence and Investigative Division does not:

(1) Constitute an administrative remedy; and

(2) Excuse the inmate from the requirement of pursuing an administrative remedy under this chapter.

I. An inmate is responsible for:

(1) Using the ARP for the intended purpose; and

(2) Being honest and straightforward throughout the process.

J. An inmate may not be subject to retaliation because the inmate used the procedures established under this chapter to resolve an issue and:

(1) An inmate may use the ARP or an informal resolution to resolve a complaint of retaliation for using the procedures established under this chapter.

(2) If the inmate’s complaint of retaliation is confirmed, the managing official shall ensure that the appropriate action is taken in accordance with the Department’s Standards of Conduct.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.06 Limiting Requests for Formal Resolution of Inmate Complaints under ARP.

A. The Commissioner, based on a recommendation from a managing official, may limit the number of inmate complaints for which an inmate may request formal resolution under the ARP.

B. The Commissioner shall base a decision to limit an inmate’s requests for formal resolution under the ARP on the inmate’s history of complaints under the ARP considering, at a minimum:

(1) The number of formal resolution requests filed by the inmate during the 6 months immediately preceding the date of the most recent request for formal resolution;

(2) Of the number of requests under §B(1) of this regulation, the number that were:

(a) Substantiated; and

(b) Procedurally dismissed on preliminary review based on a finding that the inmate’s complaint was frivolous or malicious; and

(3) Information provided by the managing official supporting a recommendation to limit the inmate’s requests for formal resolution under the ARP.

C. A managing official seeking to limit the number of requests for formal resolution under the ARP that an inmate may submit shall:

(1) Submit the request to the Commissioner in writing in a format and on forms approved by the Commissioner;

(2) Include in the written request the information required under §§B(1)—(3) of this regulation; and

(3) Recommend to the Commissioner:

(a) The number of requests an inmate may submit for formal resolution under ARP; and

(b) The period for which the proposed limit remains in effect.

D. The Commissioner shall:

(1) Review a request to limit an inmate’s use of the formal resolution process under the ARP; and

(2) Respond to the managing official in writing:

(a) Approving or denying the request; or

(b) Indicating a different:

(i) Number of requests an inmate may submit for formal resolution under the ARP; or

(ii) Period for which the limit remains in effect.

E. If the Commissioner denies the request, the Commissioner shall include in the written response to the managing official the reason for the denial.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.07 Withdrawing an ARP Request or ARP Appeal.

A. An inmate filing an ARP request or appeal may withdraw the request or appeal at any time prior to the issuance of a decision on the request or appeal.

B. An inmate withdrawing a request or appeal shall submit the request to withdraw the request or appeal:

(1) In writing using an Administrative Remedy Procedure Withdrawal form (Withdrawal form); and

(2) To the facility ARC receiving the original ARP request or the Headquarters ARC receiving the appeal.

C. An ARC receiving a properly completed Withdrawal form shall:

(1) Take steps to stop any action taking place related to the inmate complaint;

(2) Appropriately record action taken in response to the withdrawal request;

(3) File the original Withdrawal form in the appropriate ARP file; and

(4) Provide the inmate with a copy of the finalized Withdrawal form.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.08 Informal Resolution of an Inmate Complaint.

A. As soon as possible after the incident resulting in the complaint occurred or the date the inmate first had knowledge of the incident, an inmate seeking informal resolution of a complaint under this chapter shall:

(1) Document the request in writing on an Informal Inmate Complaint form; and

(2) Forward the completed form to the appropriate unit head or shift commander.

B. An inmate may file as many forms as necessary to address the incident; however, only one complaint may be on a single form.

C. When completing the Informal Inmate Complaint form, the inmate shall:

(1) Provide:

(a) The subject of the complaint;

(b) The date the incident occurred or the inmate first had knowledge of the incident;

(d) A brief description of the incident or complaint; and

(2) Date and sign the completed form.

D. Filing a request for informal resolution of an inmate complaint does not extend the period for filing a request for formal resolution under Regulation .09 of this chapter.

E. A unit head or shift commander receiving an Informal Inmate Complaint form shall:

(1) Record on the form the date received and the initials of the individual receiving the form;

(2) Provide a copy of the receipted form to the inmate;

(3) Assign an individual, if possible familiar with the subject matter area involved in the complaint, to, within 15 calendar days of the date recorded on the request indicating receipt by the unit head or shift commander:

(a) Review the form to establish the basis of the complaint;

(b) Research and review appropriate reports, records, policies, procedures and other documents;

(d) If applicable, recommend a remedy to resolve the complaint; and

(e) Draft and submit a response, with or without consultation with the unit head or shift commander, on the form to the individual assigning the case for review.

F. A unit head or shift commander receiving a report under §E(3)(e) of this regulation shall:

(1) Review and, if the report is properly completed in accordance with provisions established under this chapter, sign and date the form;

(2) Ensure that a copy of the form is provided to the inmate filing the request; and

(3) If appropriate, ensure that the approved steps are taken to grant the approved remedy.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.09 Formal Resolution of an Inmate Complaint — Requests.

A. A request for formal resolution of a complaint under this chapter may be filed only by an inmate.

B. An inmate seeking formal resolution of a complaint under this chapter, as soon as possible, but no later than 30 days after the date of the incident resulting in the complaint or the date the inmate first had knowledge of the incident, whichever is later, shall:

(1) Document the request in writing using an Administrative Remedy Procedure Request for Administrative Remedy form (Request form); and

(2) Submit the completed Request form in accordance with the managing official’s written instructions.

C. A staff member receiving a Request form under §B(2) of this regulation shall:

(1) Date and sign the Request form;

(2) Provide the inmate with a copy of the dated and signed Request form; and

(3) Forward the Request form for processing in accordance with written procedures established by the managing official.

D. When completing the Request form, the inmate shall:

(1) Use a typewriter or a black or blue ink pen;

(2) Provide:

(a) The subject of the complaint;

(b) The date the incident occurred or the inmate first had knowledge of the incident;

(d) A brief description of the incident or complaint;

(e) Steps, if any, taken toward an informal resolution of the complaint; and

(f) Relief requested to resolve the complaint; and

(3) Date and sign the completed Request form.

Cross References

12.02.28.08D

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.10 Formal Resolution of an Inmate Complaint — Preliminary Review.

A. Facility Preliminary Review of a Request Form.

(1) Within 5 working days of the date of receipt of a Request form by the managing official, the facility ARC shall:

(a) Assign a case number to the request according to requirements established in Regulation .19 of this chapter;

(b) Index the request according to requirements established in Regulation .19 of this chapter; and

(i) Is frivolous or malicious;

(ii) Is complete and submitted according to requirements under this chapter;

(iii) Is eligible for resolution under this chapter; and

(iv) Has been submitted within established time requirements; and

(d) Take action required under §A(2) or (3) of this regulation.

(2) If the request is determined to be frivolous or malicious, the managing official, or a facility ARC, shall:

(a) Properly complete the appropriate part of the Request form; and

(b) Record that the request is procedurally dismissed as being frivolous or malicious, or both.

(3) If the Request form is determined to incomplete and the missing information is necessary to review the inmate’s complaint, the managing official or facility ARC shall:

(a) Properly complete the appropriate part of the Request form;

(b) Record that the request is procedurally dismissed as being incomplete;

(d) Establish a due date for the resubmission that is the later of:

(i) 15 calendar days from the date of the procedural dismissal; or

(ii) 30 calendar days of the date of the original submission of the Request form;

(e) Return the completed Request form and a blank Request form to the inmate; and

(f) File a copy of the completed Request form in the appropriate ARP file.

(4) A Request form may not be determined incomplete and therefore procedurally dismissed pending resubmission under §A(3) of this regulation solely because the inmate did not include information concerning actions taken to informally resolve the complaint.

(5) After the managing official or a facility ARC reviews a Request form, the facility ARC shall:

(a) Appropriately process the request based on the action resulting from the preliminary review;

(b) Ensure that the affected individuals are notified of the result of the preliminary review;

(i) Review the request to determine the nature of the case and assign the case for investigation by an individual familiar with the nature of the case; and

(ii) Return the receipt portion of the Request form to the inmate filing the request; and

(d) Appropriately file the ARP documents.

B. Headquarters Preliminary Review of a Request Form. If a Request form is submitted directly to the Commissioner without being submitted first to the inmate’s managing official, the Commissioner, or a designee, shall:

(1) Refer the Request form to the appropriate managing official including the date that the request was received by the Commissioner;

(2) Record the Request form in the Headquarters index without a case number; and

(3) Notify the inmate submitting the Request form, in writing, of the request being referred to the managing official.

C. A managing official who receives a Request form from the Commissioner shall process the Request form in accordance with provisions under §A of this regulation.

Cross References

12.02.28.15A

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.11 Procedural Dismissal on Preliminary Review — Resubmission.

A. Incomplete Request — Eligible for Resubmission.

(1) A dismissal on preliminary review of a Request form may be resubmitted if the procedural dismissal on preliminary review is based on:

(a) An incomplete request form; or

(b) A requirement for more information than that provided on the Request form.

(2) Upon receipt of a Request form from a managing official indicating the request is to be procedurally dismissed on preliminary review because of reasons under §A(1) of this regulation, the facility ARC, within 5 working days of the date of receipt of the request by the managing official, shall:

(a) Sign, date, and return the Request form to the inmate submitting the request including written notification of the procedural dismissal on preliminary review;

(b) Provide instructions for resubmitting the request that include:

(i) Completing a new Request form;

(ii) Complying with instructions provided; and

(iii) Submitting the request to the facility ARC by the date specified in the notice;

(i) If the resubmission does not correct issues noted by the facility ARC, the procedural dismissal on preliminary review is final; and

(ii) If the resubmission is not received by the date established by the facility ARC indicated in the notice provided under §A(2) of this regulation, the procedural dismissal on preliminary review is final.

(3) An inmate may appeal a dismissal in accordance with the procedures set forth in Regulation .14 of this chapter.

B. Procedural Dismissal on Preliminary Review — Ineligible for Resubmission.

(1) A procedural dismissal on preliminary review of a Request form may not be resubmitted if the procedural dismissal on preliminary review is based on a finding by the facility ARC that the:

(a) Inmate complaint is frivolous or malicious;

(b) Inmate complaint is not eligible for resolution under Regulation .04 of this chapter;

(c) Except for provisions under §B(3) of this regulation, request was not submitted within established time requirements;

(d) Inmate complaint has previously been resolved outside the formal resolution process;

(e) Inmate complaint has previously been resolved through the formal resolution process;

(f) Inmate complaint is repetitive of a request previously filed by the inmate through the formal resolution process, and a response was issued as a result of the previous request;

(g) Request is in excess of an authorized limit on the number of requests the inmate may submit; or

(h) Incident in the Request is determined by the facility ARC to be the basis of an investigation being conducted by the Department’s Intelligence and Investigative Division.

(2) Upon receipt of a Request form from a managing official, indicating the request is to be procedurally dismissed on preliminary review for reasons under §B(1) of this regulation, the facility ARC, within 5 working days of the date of receipt of the request by the managing official, shall:

(a) Sign, date, and return the Request form to the inmate submitting the request including written notification of the procedural dismissal on preliminary review;

(b) Include information as to the reason for the procedural dismissal on preliminary review;

(d) Notify the inmate that the decision may be appealed to the Commissioner if the procedural dismissal is based on §B(1)(h) of this regulation and include in the notification the following statement:

“The request is procedurally dismissed at this level. It has been determined that the subject matter of your Request is under investigation by the Department’s Intelligence and Investigative Division under case number [insert case number here] and no further action will be taken under the Administrative Remedy Procedures at this level. You may appeal this decision to the Commissioner of Correction.”

(3) If the managing official or the facility ARC receives a Request form after the permitted time frame for submitting a Request form, the managing official or facility ARC may:

(a) Accept and process the Request form if the managing official or the facility ARC determines that the inmate has demonstrated that extraordinary circumstances prevented the inmate from submitting the Request form within the required time frame; or

(b) Procedurally dismiss the untimely Request form on preliminary review, with or without referring the untimely Request form to the appropriate facility for follow up independent of the ARP and notify the inmate that the decision may be appealed to the Commissioner.

C. When a Request form is procedurally dismissed on preliminary review, the facility ARC, on the date the request is indexed, shall:

(1) Return the original and one copy of the request form to the inmate filing the request; and

(2) Place a copy in the ARP file maintained by the facility ARC.

D. A procedural dismissal on preliminary review by a managing official, or a designee, may be appealed to the Commissioner according to Regulation .14 of this chapter.

Cross References

12.02.28.14B(5)

12.02.28.16A(1)

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.12 Formal Resolution of an Inmate Complaint — Investigation.

A. If a Request form is not procedurally dismissed under this chapter, a facility ARC:

(1) On the date the Request form is indexed, shall:

(a) Complete and send the receipt portion of the Request form to the inmate; and

(b) Review the request to determine the nature of the Request form in order to assign the investigation to the unit liaison familiar with the area or subject matter that is the basis of the Request form.

(2) May not assign the request for investigation to an employee if that assignment is to an employee who is the subject of the complaint.

B. If a Request form is received at the inmate’s current facility, but the complaint is based on an incident occurring at the inmate’s previous facility, the managing official, or facility ARC at the inmate’s:

(1) Current facility shall:

(a) Index the Request form at the current facility;

(b) Forward the Request form to the managing official of the facility where the incident occurred; and

(2) Previous facility shall:

(a) Respond to the Request form as though the Request form was originally received at that facility;

(b) Complete all requirements of the ARP as established under this chapter;

(i) Notification to the inmate;

(ii) Updating the index; and

(iii) Filing in the current facility’s ARP file; and

(d) Maintain the original documentation in the current facility’s ARP files.

C. A unit liaison assigned to conduct an investigation of a Request form under this chapter is responsible for ensuring that the investigation is completed and may:

(1) Personally conduct the assigned investigation; or

(2) Reassign the investigation to another employee in the unit.

D. An investigation of a Request form shall, absent good cause for not conducting an interview include an interview with:

(1) The inmate filing the Request form;

(2) A relevant witness named by the inmate; and

(3) A relevant employee, including a health care provider, involved in or able to provide relevant information related to the complaint and who, unless good cause exists, shall submit a written report of the information provided to the assigned investigator.

E. If interviewing an inmate or multiple inmates involved in the complaint would pose a threat to safety or security at the facility, the interviews may not be required and the justification for not conducting the interview shall be included in the Administrative Remedy Procedure Case Summary form.

F. At the North Branch Correctional Institution, interviews of relevant inmates may be conducted using the facility intercom system to accommodate security requirements; however, personal interviews shall be conducted, absent good cause, if the intercom system is inoperable at the time of the interviews or if privacy concerns prevent use of the system.

G. An investigation of a Request form shall:

(1) In addition to interviews under §D of this regulation, include a:

(a) Review of records, reports, policy and procedures, and other documents relevant to the inmate complaint;

(b) Finding of facts that chronologically identifies the events related to the inmate complaint; and

(i) Meritorious;

(ii) Meritorious in part; or

(iii) Dismissed;

(2) Be completed within the period determined by the facility ARC;

(3) Documented using an Administrative Remedy Procedure Case Summary form that:

(a) Includes:

(i) Information obtained from interviews and, if applicable, justification for not conducting a required interview;

(ii) Information obtained by reviewing documents;

(iii) Findings of fact; and

(iv) A recommendation and justification for the recommendation as to the disposition of the case; and

(b) Is submitted to the managing official or facility ARC assigning the case for investigation within the time frame established by the managing official or facility ARC.

H. A managing official or facility ARC receiving a report and related documents under §G of this regulation shall review the report and related documents to ensure that the investigative actions and related documentation meet requirements of this chapter, and:

(1) If the managing official’s or facility ARC’s review determines that the Administrative Remedy Procedure Case Summary is deficient or incomplete shall:

(a) Return the documents to the investigator responsible for the investigation;

(b) Provide instruction as to correcting the identified deficiencies; and

(2) If the managing official’s or facility ARC’s review determines the report and related documents are sufficient, shall prepare a response using the Administrative Remedy Request form, for the managing official’s signature or the Commissioner’s signature to the inmate submitting the Request form that is based on:

(a) The case summary;

(b) Attached documentation and reports; and

(3) The response required under §H(2) of this regulation shall:

(a) Be provided to the inmate within 30 calendar days of the date the inmate filed a formal complaint using the ARP, unless an extension is authorized under §K of this regulation;

(b) In the first sentence of the response appropriately state that the complaint is:

(i) Meritorious;

(ii) Meritorious in part; or

(iii) Dismissed;

(d) Be easy to understand;

(e) Clearly state the facts upon which the decision is based;

(f) Provide an explanation of any remedy resulting from the findings;

(g) Notify the inmate that the decision may be appealed to the Commissioner; and

(h) Be forwarded to the managing official for review.

I. A managing official receiving documents under §H(3)(g) of this regulation shall review the information and if the action related to resolving the inmate complaint is determined:

(1) Unsatisfactory, return the documents to the ARC with instructions directing additional action or information and resubmittal for review; or

(2) Satisfactory, sign and date the appropriate documents and return all documents to the ARC.

J. An ARC receiving:

(1) An unsatisfactory finding under §I(1) of this regulation shall ensure steps are taken to address any deficiencies and return the document so that notification to the inmate filing the request is made within the established time frame; or

(2) A satisfactory finding under §I(2) of this regulation shall, within the established time frame, distribute:

(a) The original and one copy of the completed Request form to the inmate filing the Request form; and

(b) A copy of the Request form signed by the inmate and originals of related documents to the ARP file.

K. Extension of 30 Calendar Day Processing Requirement.

(1) If apparent that conditions beyond the correctional facility’s control exist, making 30 calendar days insufficient to complete processing a Request form, the managing official is permitted one extension of 15 days.

(2) If the managing official, or a designee, extends the time for responding to a Request form, the ARC, before expiration of the original 30 calendar day period, shall:

(a) Complete an Administrative Remedy Process Extension form;

(b) Forward the completed Administrative Remedy Process Extension form to the inmate filing the Request form whose approval of the extension is not required.

(3) The ARC shall include the Administrative Remedy Process Extension form in the documents related to the Request form.

L. An inmate may appeal a decision made under this regulation in accordance with provisions under Regulation .14 of this chapter.

Cross References

12.02.28.16A(2)

12.02.28.16B

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.13 Request for Formal Resolution of an Inmate Complaint — Remedy.

A. If an inmate complaint is meritorious or meritorious in part, the response by the managing official shall include a remedy.

B. A remedy to resolve an inmate complaint may include:

(1) If the nature of the inmate complaint relates to substance of policy, rule, or procedure:

(a) Appropriate amendments that are communicated effectively and promptly to appropriate individuals; and

(b) Instructions for implementing change;

(2) If the nature of the inmate complaint relates to interpreting policy, rule, or procedure:

(a) Written explanation of the questioned policy, rule, or procedure that is communicated effectively and promptly to appropriate individuals; and

(b) Instructions for implementing change;

(3) If the nature of the inmate complaint relates to application of policy, rule, or procedure:

(a) Written direction to the appropriate employee to properly apply the policy, rule, or procedure correctly; and

(b) Instructions for implementing change;

(4) If the nature of the inmate complaint relates to individual inmate actions:

(a) Protection of the inmate who filed the Request form that may include reassignment of one or more of the inmates involved;

(b) Safeguards to prevent retaliation against the inmate; or

(5) If the nature of the inmate complaint relates to the computation of the term of confinement or diminution of confinement credits:

(a) Prompt re-computing; and

(b) If appropriate, expedited processing of any privileges or change in status based on the new computation;

(6) If the nature of the inmate complaint relates to loss of inmate property within the custody and control of the unit:

(a) Return or replacement of property of equal value at time of loss in accordance with standard practices for determining the value of depreciated property; or

(b) Monetary reimbursement equal to value of property at time of loss; or

(7) If the nature of the inmate complaint relates to living conditions and facilities, prompt improvement.

C. If the remedy includes monetary reimbursement for property:

(1) An Inmate Property Reimbursement form shall be used to calculate the amount of reimbursement at the time of the loss.

(2) Except under provisions of §C(3) of this regulation, the ARC shall ensure that the inmate is presented with a completed Request for Inmate Personal Property Reimbursement form indicating the reimbursement value and if the inmate:

(a) Accepts the value:

(i) The inmate shall indicate acceptance on the form;

(ii) The inmate shall sign the form;

(iii) The managing official shall ensure that the agreed to monetary reimbursement is deposited in the inmate’s facility account;

(iv) The ARC shall ensure that Request form documents are appropriately filed; and

(v) The matter is considered closed and finally resolved.

(b) Refuses to accept the value:

(i) The inmate’s refusal shall be indicated on the form;

(ii) The inmate shall sign the form indicating refusal to accept the reimbursement;

(iii) The form shall be filed in the appropriate ARP file;

(iv) No monetary reimbursement is to be deposited in the inmate’s facility account; and

(v) The matter is considered to be closed at the applicable level of the ARP.

(3) If an inmate refuses settlement under §C(1)(b) of this regulation, before the managing official’s response to the inmate’s complaint, the managing official’s response shall:

(a) State that the Request form is meritorious in part;

(b) List the property that was lost or damaged;

(d) State that the inmate refused the reimbursement offered and that no monetary reimbursement is to be deposited in the inmate’s facility account; and

(e) Ensure that Request form documentation is filed in the appropriate ARP file.

D. If appropriate, a managing official may include, as a remedy, a recommendation to change policy or procedures that relate to the nature of the inmate complaint.

E. Facility staff shall fully comply with a remedy in the managing official’s response to an inmate complaint under this chapter as soon as possible, but no later than 30 calendar days after the date of the response.

(1) An ARC receiving a response from the managing official containing a remedy shall:

(a) Notify appropriate staff of the remedy;

(b) Monitor action taken to implement the remedy to ensure the remedy is fully implemented no later than 30 calendar days after the date of the response by:

(i) Maintaining a separate chronological file of incomplete remedies;

(ii) Reviewing the file at least weekly to ensure implementation; and

(iii) Notifying the managing official issuing the response to an inmate complaint when the remedy is not fully implemented within the required period.

(2) After full implementation of a remedy, the ARC shall file the response according to procedures under this chapter.

Cross References

12.02.28.17C(1)

12.02.28.17D

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.14 Appeal — Requesting.

A. An inmate filing a request for formal resolution of an inmate complaint may appeal to the Commissioner:

(1) A procedural dismissal on preliminary review of the Request form;

(2) The managing official’s failure to provide a response within established time requirements; and

(3) A decision by the managing official contained in the response to the Request form.

B. An inmate filing an appeal under this regulation shall:

(1) Submit the request in writing in a format and on a form approved by the Commissioner;

(2) Include all of the following in the appeal:

(a) The name of the inmate filing the appeal;

(b) The name of the correctional facility housing the inmate filing the appeal;

(d) The original case number;

(e) The date the appeal is submitted;

(f) The signature of the inmate submitting the appeal;

(g) A copy of the original complaint with all supporting documentation; and

(h) A copy of the procedural dismissal on preliminary review or managing official’s decision;

(3) Include one of the following in the statement required under §B(2)(c) of this regulation as the grounds for the appeal:

(a) The basis for disagreement with the Facility ARC’s decision or reason for procedural dismissal on preliminary review;

(b) The basis for disagreement with the Managing Official’s decision, remedy, or response; or

(4) Limit the basis of the appeal to the areas identified under §B(2)(c) of this regulation without introducing a new inmate complaint; and

(5) Except for provisions under §C of this regulation, file the appeal with the Commissioner as indicated in the notice provided in accordance with Regulation .11 of this chapter so that the Headquarters ARC receives the appeal within 30 calendar days of:

(a) For an appeal of a procedural dismissal on preliminary review, the date the inmate received notice of the procedural dismissal on preliminary review;

(b) For an appeal of a managing official’s decision or remedy in a response to a Request form, the date the inmate received the response; or

(c) For an appeal of a Managing Official’s failure to respond within the established time frame, the date the managing official’s response was due to the inmate.

C. If the inmate demonstrates that extraordinary circumstances exist that prevented submitting an appeal within the established time frame, the Commissioner may accept a late filing of an appeal.

D. When submitting an appeal under this section, the inmate:

(1) Is encouraged to submit the Request form to the Commissioner using the U.S. Postal Service.

(2) May submit the Request form using the Department courier system knowing that the Department is not responsible if the appeal is not received within the time frame established for submitting an appeal under this chapter.

E. Within 5 working days of the date the appeal is received by the Commissioner, the Headquarters ARC shall:

(1) Index the appeal according to the originally assigned case number; and

(2) Conduct a preliminary review of the appeal and determine to:

(a) Accept and process the appeal within the established time frame; or

(b) Procedurally dismiss the appeal on preliminary review.

Cross References

12.02.28.11A(3)

12.02.28.11D

12.02.28.12L

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.15 Appeals — Preliminary Review.

A. The Headquarters ARC shall conduct a preliminary review of an appeal submitted in accordance with this chapter following the applicable procedures established under Regulation .10 of this chapter for a preliminary review of a Request form received by a managing official.

B. If the Headquarters ARC procedurally dismisses on preliminary review an appeal under §A of this regulation, the Headquarters ARC shall comply with applicable requirements established under Regulations .10 and .11 of this chapter for procedurally dismissing on preliminary review a Request form received by a managing official.

C. The Headquarters ARC shall procedurally dismiss on preliminary review, without the opportunity for re-submission, a properly submitted appeal challenging a managing official’s procedural dismissal on preliminary review of a Request form if, after reviewing the managing official’s rationale, the Headquarters ARC agrees with the managing official’s decision.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.16 Appeals — Investigation.

A. An appeal accepted by the Headquarters ARC shall be investigated.

(1) Except for a Request form dismissed in accordance with Regulation .11 of this chapter, an investigation of an appeal under this chapter shall be limited to the issues identified in the initial Request form.

(2) On the date the Headquarters ARC indexes the appeal, the Headquarters ARC shall process the appeal for investigation using appeal related forms and documents according to applicable requirements under Regulation .12 of this chapter for investigating a Request form received by a managing official.

B. The results of an investigation of an appeal shall be recorded and communicated using appeal related forms and documents according to applicable requirements under Regulation .12 of this chapter for recording, reporting and communicating results of an investigation of a Request form received by a managing official.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.17 Appeals — Remedy.

A. The Commissioner, or a designee, shall respond in writing to an appeal within 30 calendar days of the date the inmate files the appeal.

B. If an appeal is found to be meritorious or meritorious in part, the response by the Commissioner shall include a remedy.

C. A remedy for an appeal may include:

(1) Actions identified under Regulation .13 of this chapter for a Request form received by a managing official; or

(2) Other action consistent with the purpose of the ARP.

D. Monitoring implementation of a remedy, required notification, and filing resulting from an appeal under this chapter are performed using appeal-related forms and documents according to applicable requirements under Regulation .13 of this chapter for remedies for a Request form received by a managing official.

Cross References

12.02.28.18

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.18 Appeals — Inmate Grievance Office.

An inmate may seek review by the Inmate Grievance Office according to procedures under COMAR 12.07.01 of a decision by the Commissioner or the failure of the Commissioner to file a response to an appeal within the time frame established under §A of Regulation .17 of this chapter.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.19 Documentation — Filing — Reports.

A. Case Indexing.

(1) The Headquarters ARC and each facility ARC shall maintain an index of Request forms and, at Headquarters, appeals.

(2) The Commissioner shall determine the format and content of the index.

(3) The Headquarters ARC and each facility ARC shall establish a new index for each calendar month to record information concerning Request forms received at either level and appeals received by Headquarters.

(4) The Headquarters ARC and a facility ARC shall index each Request form received at either level and an appeal received by Headquarters within 5 working days of the date recorded on the Request form or appeal.

(5) The index shall record for each case:

(a) The name of the inmate filing the request and the inmate’s identification number;

(b) The case number that consists of:

(i) The correctional facility’s acronym in upper case followed by a dash;

(ii) A four digit sequential number beginning with 0001 on January 1st of each calendar year followed by a dash; and

(iii) The last 2 digits representing the calendar year;

(d) If appropriate, information concerning procedural dismissal on preliminary review;

(e) If appropriate the date a re-submission or non-concurrence decision is indexed;

(f) The most appropriate subject codes indicating the nature of the complaint (only 2 codes may be used);

(g) If the case is accepted for processing, an abstract of the complaint;

(h) The date the managing official or Commissioner:

(i) Signed the response to the inmate complaint; or

(ii) Procedurally dismissed the complaint;

(i) The date the inmate signed the response indicating receipt of the response from the managing official;

(j) The final disposition of the inmate complaint; and

(k) Other information related to the case, such as:

(i) A brief description of the complaint;

(ii) Justification for a procedural dismissal; and

(iii) The date a resubmittal is due.

(6) The Headquarters ARC and a facility ARC shall update the index at the time new information is received concerning a case.

(7) A facility ARC shall:

(a) By the tenth working day of each month, forward a copy of the index for the previous month to the Headquarters ARC; and

(b) When dispositions have been recorded for all cases on a monthly index, forward a copy of the completed index to the Headquarters ARC.

B. Filing — Case Records.

(1) Each facility ARC and the Headquarters ARC shall establish and maintain a system for filing documents related to requests for formal resolution of an inmate complaint and related appeals.

(2) A facility ARC and the Headquarters ARC shall maintain documents related to an ARP case and related appeals for a minimum of 5 years from the date of a final disposition of the case and then dispose of the documents in accordance with the applicable document retention schedule.

C. Program Reports.

(1) An ARC shall complete reports in a format and on forms approved by the Commissioner containing data that may be used to analyze the ARP.

(2) Quarterly, during each calendar year, each facility ARC shall forward to the Headquarters ARC a copy of reports required by the Commissioner related to the ARP.

Cross References

12.02.28.10A(1)(a)

12.02.28.10A(1)(b)

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

COMAR 12.02.28.20 Audits.

A. The Commissioner, or a designee, shall establish:

(1) A system to audit the ARP at each correctional facility; and

(2) A schedule for audits authorized under this chapter.

B. An audit team consists of:

(1) The Headquarters ARC, or a designee; and

(2) At least one facility ARC selected by the Headquarters ARC from a correctional facility other than the correctional facility subject to the current audit.

C. An audit, at a minimum, consists of:

(1) An entrance interview with the managing official of the correctional facility being audited to:

(a) Explain the purpose of the audit; and

(b) Provide an overview of the audit process;

(2) Examining:

(a) Required files and documents related to the correctional facility’s use of the ARP;

(b) Documents related to investigations of inmate complaints under this chapter; and

(3) Conducting interviews with inmates and staff to assess the effectiveness of the ARP;

(4) Interviews with correctional facility staff to determine necessary amendments to the ARP; and

(5) An exit interview with the managing official to provide an overview of findings.

D. Audit Report.

(1) Within 30 calendar days of the date an audit is completed, the Headquarters ARC shall prepare and submit to the Commissioner, or a designee, and to the respective managing official a written report summarizing:

(a) The results of the audit; and

(b) If appropriate, compliance issues that need to be addressed.

(2) Within 30 calendar days of the date a managing official receives an audit report from the Headquarters ARC, the managing official shall:

(a) Acknowledge receipt of the report; and

(b) If appropriate, provide a plan of action to correct compliance issues identified by the audit.

(3) If appropriate, the Headquarters ARC shall monitor a managing official’s progress to correct noted compliance issues.

(4) A correctional facility may be subject to a non-scheduled audit or follow-up audit to determine progress on corrective action specified in a managing official’s plan of action to correct compliance issues identified in an audit report.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Authority: Correctional Services Article, §§2-109, 3-205, 3-209, and 3-211, Annotated Code of Maryland

12.02.29 Inmates Convicted as Adults While Younger than 18 Years Old

COMAR 12.02.29.01 Scope.

A. This regulation applies solely to an inmate convicted of a crime that the inmate committed while younger than 18 years old and for which the inmate was sentenced to life imprisonment.

B. This regulation supersedes any conflicting regulation or policy.

History

Administrative History: Effective date: September 20, 2021 (48:19 Md. R. 802)
Authority: Correctional Services Article, §§2-109 and 3-205, Annotated Code of Maryland

COMAR 12.02.29.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Case manager” means the case management specialist assigned to an inmate during the case management process.

(2) “Commissioner” means the Commissioner of Correction.

(3) “Division” means the Division of Correction.

(4) “Inmate” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland.

(5) “Inmate case record” means documentation assembled, maintained, and used under Correctional Services Article, §3-601, Annotated Code of Maryland.

(6) “Juvenile lifer” means an inmate serving a life sentence for a crime committed while younger than 18 years old.

(7) “Outside detail” means a work assignment at a location other than the facility where an inmate is housed, and during which the inmate is under the direct supervision of a correctional officer.

(8) “Programming” means the process of placing an inmate in programs that address the inmate’s risks and needs.

(9) Release.

(a) “Release” means any type of discharge from custody of the Division.

(b) “Release” includes administrative release, parole, court ordered release, mandatory supervision release, expiration of sentence, work release, and community leave.

(10) “Release date” means the date a juvenile lifer may be released from incarceration if the juvenile lifer:

(a) Has been conditionally approved for parole by the Governor; or

(b) Is entitled to release on mandatory supervision.

(11) “Secretary” means the Secretary of Public Safety and Correctional Services.

(12) “Security” means a correctional facility’s physical features which help control inmate behavior and prevent escape.

History

Administrative History: Effective date: September 20, 2021 (48:19 Md. R. 802)
Authority: Correctional Services Article, §§2-109 and 3-205, Annotated Code of Maryland

COMAR 12.02.29.03 Classification.

A. Initial Security Classification.

(1) Upon intake of a juvenile lifer to a Division correctional facility and in accordance with the procedures established in COMAR 12.02.24, a case manager shall use the Division’s initial security classification instrument to conduct an individualized assessment of the juvenile lifer to determine an appropriate security level as defined in COMAR 12.02.08.02.

(2) A Division case manager shall assign the juvenile lifer to the least restrictive security level consistent with the:

(a) Outcome of the security classification instrument;

(b) Identified risk and needs;

(d) Safe and orderly operation of the facility.

(3) After a juvenile lifer’s initial classification, eligibility for a less restrictive security level that includes participation in an outside detail, a work release program, or specific programs shall be determined during the juvenile lifer’s annual classification status review in accordance with the Case Management Manual and other applicable directives and regulations.

B. Security Reclassification and Status Review.

(1) A Division employee shall use the Division’s security reclassification instrument to conduct an individualized assessment of the juvenile lifer to determine an appropriate security level as defined in COMAR 12.02.08.02:

(a) Annually in accordance with the Case Management Manual and other applicable directives and regulations; or

(b) Upon the Maryland Parole Commission’s request following a hearing conducted in accordance with the provisions established in COMAR 12.08.01 to improve a juvenile lifer’s suitability for parole.

(2) A juvenile lifer, regardless of whether the juvenile lifer has a release date, shall be eligible for reclassification to a security level below medium security, if approved by the Commissioner, or a designee of the Commissioner.

(3) A Division employee shall presume that a juvenile lifer is permitted to be assigned to the least restrictive security level, if the juvenile lifer’s score on the security reclassification instrument indicates eligibility for a less restrictive security level than the juvenile lifer’s current classification.

(4) A Division employee may not apply the mandatory override in the security classification instrument that precludes a juvenile lifer from assignment to a security level below medium security.

(5) Any override of the security classification instrument requires the Division employee to:

(a) Document the reason for the override in the inmate’s case record; and

(b) Provide the juvenile lifer with a written explanation of the reason for the decision.

(6) If the Commissioner, or the Commissioner’s designee, denies a juvenile lifer assignment to a security level below medium security, the Commissioner, or the Commissioner’s designee, shall:

(a) Document the reason for the denial in the inmate’s case record; and

(b) Provide the juvenile lifer with a written explanation of the reason for the decision.

(7) In order to improve a juvenile lifer’s suitability for parole, a case manager, the warden, and the Commissioner shall give significant weight to the requests or recommendations of the Maryland Parole Commission that a juvenile lifer be permitted to be assigned to a less restrictive security level or participate in specified inmate programming.

(8) A juvenile lifer may not lose a privilege, job, or housing assignment in order to undergo a risk assessment or security status review as requested by the Maryland Parole Commission.

History

Administrative History: Effective date: September 20, 2021 (48:19 Md. R. 802)
Authority: Correctional Services Article, §§2-109 and 3-205, Annotated Code of Maryland

COMAR 12.02.29.04 Program Eligibility.

A. Juvenile Lifer with a Release Date.

(1) A juvenile lifer who has a release date shall be eligible for an outside detail or the work release program, if approved by the Commissioner, or the Commissioner’s designee.

(2) If the Commissioner, or the Commissioner’s designee, denies a juvenile lifer’s participation in an outside detail or the work release program, the Commissioner, or the Commissioner’s designee, shall:

(a) Document the reason for the denial in the inmate’s case record; and

(b) Provide the juvenile lifer with a written explanation of the reason for the decision.

B. Juvenile Lifer Without a Release Date.

(1) If warranted by exceptional circumstances, a juvenile lifer who does not have a release date shall be eligible for an outside detail if recommended by the Commissioner of Correction, or a designee of the Commissioner, and approved by the Secretary.

(2) If the Secretary denies an outside detail for a juvenile lifer, the Secretary or the Secretary’s designee shall:

(a) Document the reason for the denial in the inmate’s case record; and

(b) Provide the juvenile lifer with a written explanation of the reason for the decision.

History

Administrative History: Effective date: September 20, 2021 (48:19 Md. R. 802)
Authority: Correctional Services Article, §§2-109 and 3-205, Annotated Code of Maryland

12.03 OPERATIONS

12.03.01 Inmate Disciplinary Process

COMAR 12.03.01.01 Purpose.

A. The Secretary of Public Safety and Correctional Services (Secretary), the Commissioner of Correction, the Director of Patuxent Institution, and the Commissioner of Pretrial Detention and Services have adopted the following inmate disciplinary regulations that:

(1) Establish:

(a) The process under which an inmate may be disciplined for non-compliance with a rule, policy, procedure, regulation, or statute or as otherwise provided by law;

(b) The duties and responsibilities of Department of Public Safety and Correctional Services (Department) staff under the inmate disciplinary process; and

(c) The authority for Department staff to exercise and carry out duties and responsibilities of the inmate disciplinary process; and

(2) Provide for the:

(a) Uniform administration, management, and orderly operation of the facility and Department;

(b) Orderly, safe, and secure operation and management by Department staff of Department correctional facilities, detention facilities, home detention program, and the community;

(d) Management and control of the Department’s inmate population;

(e) Enforcement of statutes or rules as otherwise provided by law;

(f) Security of the facility, Department, and community; and

(g) Safety of an inmate, staff, an individual, and the community.

B. These regulations do not convey or create enforceable rights, interests or benefits for an inmate.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Assault” means an unlawful or impermissible threat or attempt to do bodily harm to another.

(2) “Assigned area” means a location where an inmate is authorized or permitted.

(3) “Battery” means the unlawful, unauthorized, or impermissible touching or striking of an individual by another with or without consent.

(4) Business Day.

(a) “Business day” means an official working day of the week, typically, the days between and including Monday to Friday.

(b) “Business day” does not include:

(i) State holidays;

(ii) Weekends (Saturday and Sunday);

(iii) A day on which facility operations or activities are limited or reduced to only necessary or essential services due to security or safety reasons; or

(iv) A day on which Department administrative offices are closed.

(5) “Calendar day” means a day of a week.

(6) “Category of Inmate Rule Violation” means the grouping of inmate rule violations according to the severity of the offense.

(7) “CMHC-J” means the Correctional Mental Health Center-Jessup.

(8) “Competent” means the defendant is able to:

(a) Appreciate and understand the alleged inmate rule violation charged; and

(b) Participate in the inmate disciplinary process to resolve the inmate rule violation charged.

(9) “Constructive possession” means the defendant has dominion or control over an article, object, asset, substance or property based upon consideration of the following factors:

(a) The proximity of the defendant to the article, object, asset, substance, or property;

(b) The ability and means of the defendant to possess the article, object, asset, substance, or property;

(c) Whether the article, object, asset, substance, or property was within the plain view or within the knowledge of the defendant;

(d) The proprietary interest in the place where the article, object, asset, substance, or property was found or rests; or

(e) The defendant’s participation with others in a common design involving mutual use and enjoyment of the article, object, asset, substance, or property.

(10) “Contraband” includes property, a device, an instrument, an article, a liquid, a substance, or a material that is:

(a) Defined as non-allowable, or is not authorized by statute, regulation, directive, or policy for an inmate to possess, transfer to another individual, or receive from another individual;

(b) Defined as allowable by statute, regulation, directive, and policy for an inmate to possess, transfer to another individual, or receive from another individual, but that is:

(i) Passed or transferred to another individual without authorization by staff, or the transfer is not permitted by the rules of the facility or Department;

(ii) Possessed in an area or location where an inmate is not permitted by the rules of the facility or Department or by order of staff to possess or use;

(iii) Altered or modified from the original purpose, form, design, use, or content;

(iv) Used for a purpose other than that which is permitted; or

(v) Required to be registered with the facility or Department and is found in the inmate’s possession without the required registration under the rules of the facility or Department.

(11) “Controlled dangerous substance (CDS)” means a substance listed in schedules I through V as defined in Criminal Law Article, §§5-101(g) and 5-401 — 5-406, Annotated Code of Maryland.

(12) “Cumulative witness” means an individual who can only testify to facts already in evidence or whose proffered testimony would be repetitive to the proffered testimony of another witness already approved by the hearing officer to testify.

(13) “Disrespect” means a physical act, verbal statement, or gesture:

(a) Of insolence that is arrogant, presumptuous, impudent, or insulting in manner; or

(b) That demonstrates a lack of respect, directly or indirectly, toward an individual.

(14) Disruptive Act.

(a) “Disruptive act” means an action that may:

(i) Disturb the peace of the community;

(ii) Interfere with or prevent the orderly operation of a facility or community detail; or

(iii) Interfere with or threaten the security of a facility or the community.

(b) “Disruptive act” includes, but is not limited to:

(i) An unauthorized gathering;

(ii) A demonstration or mass disturbance;

(iii) A group work stoppage;

(iv) Misusing, altering, tampering with, or damaging property during an act that interferes with or threatens the security of a facility or the community;

(v) Setting a fire; or

(vi) Possessing, using, or manufacturing an explosive or flammable device, excluding an unaltered cigarette lighter, match, or pack of matches.

(15) “Escape” means the defendant’s:

(a) Unlawful or unauthorized absence or departure from a facility or grounds of a facility to which the inmate is assigned or located;

(b) Unlawful or unauthorized absence or departure from a locked cell or dormitory to which the inmate is assigned or located;

(c) Unlawful or unauthorized absence or departure from a designated area or location while out of the facility and in the community;

(d) Unlawful or unauthorized failure to follow an approved itinerary for travel or movement while in the community or departure from an order, rule, policy, or procedure of the Department or facility for travel or movement while in the community; or

(e) Failure while in the community to return at a specified time to a place of assignment, custody, or confinement.

(16) “Facility representative” means staff designated by the managing official, or a designee, to represent the interests of the facility under the inmate disciplinary process.

(17) “Fraud or misrepresentation” means a false, misleading, or deceptive:

(a) Act;

(b) Statement;

(d) Omission.

(18) “Hearing officer” means an impartial, non-advocate, fact-finder who presides over the defendant’s disciplinary proceeding and determines the disposition of an inmate rule violation charged and, if applicable, imposes sanctions.

(19) Horseplay.

(a) “Horseplay” means rough, rowdy, or boisterous play that is consensual and done for amusement or entertainment of all involved parties.

(b) “Horseplay” may not be used by a defendant as a defense to a battery charge where there is evidence of physical contact between the defendant and one or more individuals.

(20) “Hostage” means an individual whose freedom of movement is restricted without authority or justification.

(21) “Immediate family” as used in this chapter means an inmate’s legal spouse, natural grandparents, parents, legal guardian, siblings, children, grandchildren, and persons who have these relationships through adoption.

(22) “Indecent exposure” means the willful display of the genitals, buttocks, or female breast to another individual as an act of abuse, disrespect, vulgarity, harassment, humiliation, or sexual gratification.

(23) “Incident report” means a disposition of an inmate rule violation charged where the defendant and the facility or the defendant and the hearing officer agree that the defendant:

(a) Waives a hearing and hearing rights for the inmate rule violation charged;

(b) Receives no sanction for the inmate rule violation charged; and

(c) Agrees that the Notice of Inmate Rule Violation and the Notice of Inmate Disciplinary Hearing forms documenting the incident report shall be maintained in the defendant’s case record file.

(24) Informal Disposition or Resolution.

(a) “Informal disposition or resolution” means a process, other than a formal disciplinary proceeding under the inmate disciplinary process, that permits, based on a mutual agreement between the defendant and facility staff, or the defendant and the hearing officer, resolving an inmate rule violation charged through an incident report or informal disposition.

(b) “Informal disposition or resolution” includes a disposition of an inmate rule violation charged where the defendant and the facility or the defendant and the hearing officer agree that the defendant:

(i) Waives a hearing and hearing rights for the inmate rule violation charged;

(ii) Receives a sanction in accordance with this chapter; and

(iii) Agrees that the Notice of Inmate Rule Violation and the Notice of Inmate Disciplinary Hearing forms documenting the informal disposition shall be maintained in the defendant’s case record file.

(25) Inmate.

(a) “Inmate” means an individual who is actually or constructively detained or confined in a correctional facility.

(b) “Inmate”, unless specifically stated otherwise in this chapter, includes an individual referred to as a:

(i) Non-sentenced resident or detainee in the custody of the Department and confined to a correctional, detention, or transitional facility or home detention program;

(ii) Sentenced inmate or detainee in the custody of the Department and confined to a correctional, detention, or home detention facility;

(iii) An Eligible Person or Patuxent youth, or any other individual in the custody of the Department and housed in the Patuxent Institution;

(iv) A juvenile housed in the custody of the Department and confined to a correctional, detention, or home detention facility; and

(v) An individual committed to the custody of the Department, but housed in or confined in another jurisdiction.

(26) “Inmate representative” means a staff member or an inmate assigned to the defendant’s housing facility and permitted to represent and assist the defendant during the defendant’s disciplinary proceeding under this chapter.

(27) Intimidating, Coercive, or Threatening Language.

(a) “Intimidating, coercive, or threatening language” includes language that is directed toward an individual or property named or un-named that intends to induce fear, or implies or intends to imply harm, the threat of harm, or the use of force.

(b) “Intimidating, coercive, or threatening language.” A defendant may not claim the inability to carry out the implied or perceived harm, threat of harm, or use of force as a defense to a charge of using intimidating, coercive, or threatening language under this regulation.

(i) Seeks compliance with a demand; or

(ii) Intends to deter or prevent an individual from performing or carrying out an act, task, or action.

(d) “Intimidating, coercive, or threatening language” may be expressed or conveyed:

(i) Verbally;

(ii) In writing;

(iii) By gesture;

(iv) By drawing; or

(v) By display or projection of an image.

(28) “Intoxicant” means an unauthorized medication, drug, or substance that has psychotropic or hallucinogenic properties, excluding alcohol, that may or may not also be identified in the Annotated Code of Maryland as a controlled dangerous substance.

(29) “Masturbation” as used in this chapter means intentional touching of the individual’s or another inmate’s genital, anal, breast, or other intimate area for:

(a) Sexual arousal or gratification; and

(b) The abuse, intimidation, humiliation, or harassment of staff.

(30) “May not” means an absolute prohibition.

(31) “Order” means a command, direction, or instruction given by staff to an inmate.

(32) Plea Agreement.

(a) “Plea agreement” means the defendant and facility representative agree to a mutually satisfactory disposition for each defendant inmate rule violation charged that is subject to approval by the hearing officer.

(b) “Plea agreement” is not binding on a hearing officer and does not require that the hearing officer honor the sanctions recommended as part of a plea agreement reached by the defendant and the facility representative.

(33) “Possess” or “possession” means actual or constructive dominion or control over:

(a) An article;

(b) An object;

(d) A substance; or

(e) Property.

(34) “Preliminary review” means an initial appearance by a defendant during a defendant’s disciplinary proceeding before a hearing officer to:

(a) Review the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form;

(b) Review an attachment or other evidence submitted by facility staff or a defendant regarding the inmate rule violation charged;

(d) Determine whether the defendant and the facility are prepared to proceed to the evidentiary phase of the disciplinary proceeding.

(35) “Restitution” means payment by a defendant for the documented expense or cost to the State, an individual, or entity associated with:

(a) An inmate rule violation charged resulting in a finding of guilt or informal disposition;

(b) An illegal, unauthorized, or unreasonable expense incurred due to the act or actions of the defendant; or

(c) The repair or replacement of altered, damaged, destroyed, stolen, or missing property, tools, or equipment incurred due to the act or actions of the defendant.

(36) “Sanitation assignment” means a sanction pursuant to a guilty finding or informal disposition of an inmate rule violation charged where the defendant is assigned to a cleaning task determined by staff for which diminution credits and pay are not authorized.

(37) Security Equipment or Property.

(a) “Security equipment or property” includes, but is not limited to:

(i) Facility, dormitory, or cell housing fixture, device, or item that is for the purpose of inmate control, confinement, observation, or restraint or the security of the facility, Department, or community;

(ii) Bed or bunk bed;

(iii) Desk or chair;

(iv) Staff uniform;

(v) Light fixture;

(vi) Restraint or confinement fixture, device, or item;

(vii) Computer or communication fixture, device, or item;

(viii) State telecommunication device not intended for inmate use;

(ix) Animal used for the operation, security, safety, or control of a location;

(x) Vehicle or mode of transportation used for the operation, security, safety, or control of a location or the transport of an inmate;

(xi) Fixture, component, device, document or form, or item used for the confinement or restraint of an inmate or security and control of an inmate or the operation, security, safety, or control of a location; or

(xii) Tool, component system, item, or furniture used for the operation, security, safety, control, or maintenance of a location.

(b) “Security equipment or property” excludes the following:

(i) Mattresses, pillows, and bed linen;

(ii) Clothing articles;

(iii) Toilet or sink;

(iv) Mirror;

(v) Towel or wash cloth;

(vi) Locker, drawer, or box;

(vii) Clothes hanger;

(viii) Rug or homemade rug.

(38) “Sexual Act” means the actions of two or more individuals engaged in acts involving physical contact for purposes of sexual arousal or gratification and includes, but is not limited to:

(a) Contact between the penis and the vulva or the penis and the anus;

(b) Contact between the mouth and the penis, vulva, or anus;

(c) Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument;

(d) Any other intentional touching, either directly on or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation;

(e) A sexual crime identified under Criminal Law Article, §§3-301 — 312, Annotated Code of Maryland; and

(f) Kissing, hugging, or other physical contact for sexual arousal or gratification or the abuse of either party.

(39) “Sexual conduct” means a non-physical behavior or act of a sexual nature by an inmate directed toward another individual and includes but is not limited to:

(a) Sexual advances;

(b) Requests for sexual favors; or

(40) “Special needs inmate” means a defendant whose ability to participate in the inmate disciplinary process is compromised by impaired hearing, speech, cognition, mental health, or proficiency in the spoken or written English language.

(41) Staff.

(a) “Staff” means a permanent, contractual, or temporary employee or other individual under contract or agreement to provide goods or services to the Department or a unit, facility, or inmate.

(b) “Staff” does not include:

(i) A volunteer; or

(ii) An intern.

(42) State Property.

(a) “State property” means tangible property owned by the Department or another State agency.

(b) State property includes, but is not limited to, items intended for inmate use such as:

(i) Inmate uniforms;

(ii) A desk or chair;

(iii) A sink or toilet;

(iv) A locker, drawer, or box;

(v) Inmate telephone, teletypewriter (TTY) device, or other telecommunication device;

(vi) Food from dietary other than what is issued as part of a State provided meal; or

(vii) Food from dietary that is removed from or attempted to be removed from dietary without authorization even if issued as part of a State provided meal.

(43) “Telecommunication device” means:

(a) A device that may be:

(i) 3G, 4G, or greater or less enabled;

(ii) Wifi, internet, or email ready; or

(iii) Enabled to transmit telephonic, electrical, digital, cellular, radio communications, or photographs regardless of whether functional or non-functional;

(b) An accessory or part of a device that may be:

(i) 3G, 4G, or greater or less enabled;

(ii) Wifi, internet, or email ready; or

(iii) Able to transmit telephonic, electrical, digital, cellular, or radio communications or photograph regardless of whether functional or non-functional; or

(i) Tablet;

(ii) Cellular or digital telephone;

(iii) Video, audio, or photographic device; or

(iv) Modem equipped device; or

(d) A component of or an accessory for the items such as but not limited to:

(i) SIM card;

(ii) Bluetooth equipment;

(iii) Charger;

(iv) Earpiece; or

(v) Carrying case.

(44) Unauthorized Financial Account.

(a) “Unauthorized financial account” means a financial account that is not permitted by the Department for an inmate to open, access, or otherwise use.

(b) “Unauthorized Financial Account” includes, but is not limited to, the following:

(i) Check or checking account;

(ii) Check card or check card account;

(iii) Credit card or credit card account;

(iv) Green Dot card or Green Dot account numbers;

(v) Western Union card or Western Union account numbers;

(vi) Pay Pal card or Pay Pal account numbers;

(vii) Debit card or Debit card account;

(viii) Money order;

(ix) Gift card or gift card account numbers;

(x) Other financial account not authorized or listed under this chapter; or

(xi) Items and documentation related to an unauthorized financial account.

(c) “Unauthorized financial account” does not include an active or reserve account permitted and maintained under Correctional Services Article, §3-609, Annotated Code of Maryland.

(45) Weapon.

(a) “Weapon” means an instrument, item, article, substance, liquid, tool, or material that:

(i) May be used for offensive or defensive combat;

(ii) May be used to threaten, harm, or injure an individual; or

(iii) May be used for a purpose or reason other than as a weapon, but that could be used as a weapon regardless of whether or not the original character of the instrument, item, article, substance, liquid, tool, or material was altered.

(b) “Weapon” includes an instrument, item, article, substance, liquid, tool, or material that otherwise meets the definition of weapon that an inmate is permitted to possess in an explicitly designated area, but is possessed in an area other than where the instrument, item, article, substance, liquid, tool, or material is not explicitly authorized by staff.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.03 Inmate Compliance Requirements, and Time and Procedure Requirements — General.

A. Inmate Compliance Requirement.

(1) An inmate shall comply with a rule, policy, procedure, regulation, or statute or other provision of law that may have been enabled by or for:

(a) A government;

(b) The Department;

(d) An authority where the inmate may be located, in the custody of, assigned to, or housed when outside the facility, in the community, or a location other than in the Department; or

(e) The program to which the inmate may be assigned or is voluntarily participating.

(2) Inmate compliance under §A(1) of this regulation or non-compliance under §B of this regulation shall be applicable to the inmate at all times in:

(a) The community;

(b) The Department;

(d) A Program; or

(e) A location or custody and supervision of another entity, agency, or jurisdiction.

B. Inmate Non-Compliance.

(1) An inmate found not to be in compliance, as required under §A(1) and (2) of this regulation, or suspected of, or alleged by staff as having committed an inmate rule violation under Regulation .04 of this chapter shall be subject to:

(a) The inmate disciplinary process; and

(b) A sanction in accordance with this chapter when found guilty of the inmate rule violation charged or as part of an informal disposition of an inmate rule violation charged.

(2) The act of soliciting, conspiring to commit or attempting to commit an inmate rule violation, or aiding, assisting, or facilitating the commission of an inmate rule violation, whether under Regulation .04 of this chapter or stated as a facility inmate rule violation, shall:

(a) Constitute the commission of that inmate rule violation by the inmate; and

(b) Subject the defendant to the prescribed sanctions for that inmate rule violation charged in accordance with the provisions of this chapter.

C. Time and procedure requirements in this regulation:

(1) Establish a standard for staff that provides for the administration and management of inmate discipline in a correctional or detention facility, the home detention program, or in the community under the authority of the Department; and

(2) Neither create nor convey an enforceable inmate:

(a) Right;

(b) Entitlement;

(d) Interest.

(3) An inmate’s disciplinary conviction under the inmate disciplinary process may not be affected or disturbed by the denial, non-compliance with, delay, or failure by staff to carry out, provide for, or meet a time or procedural requirement in this regulation and the inmate rule violation or violation charged may not be dismissed unless the defendant can demonstrate that the violation of the time or procedure requirement:

(a) Was not based on good cause; and

(b) Substantially harmed the defendant’s ability to make a relevant case presentation regarding the inmate rule violation charged.

(4) Time or Procedure Violation.

(a) A defendant’s allegation of harm due to a time or procedure violation not specifically related to the defendant’s ability to make a case presentation may not be cause for a dismissal or a not guilty finding of the inmate rule violation charged.

(b) Examples of harm that may not affect a disciplinary conviction include, but are not limited to, issues relating to:

(i) Time spent on administrative segregation pending a disciplinary proceeding;

(ii) Removal from or missed time from a work or program assignment;

(iii) Reduced facility privileges;

(iv) Security level determinations, transfers, or other case management decisions; or

(v) Parole decisions or consideration.

D. Contraband may be charged as a single inmate rule violation or in conjunction with other inmate rule violations that may include, but are not limited to:

(1) A weapon;

(2) An unauthorized substance, drug, intoxicant, alcohol, or control dangerous substance;

(3) A telecommunication device;

(4) A security item;

(5) Tobacco; or

(6) Currency.

E. An inmate may be charged with and found guilty of multiple inmate rule violations for the same reported conduct.

F. Battery.

(1) A charge of “battery” under Regulation .04C(3) of this chapter may not be automatically excused by a claim of “self-defense”.

(2) A hearing officer may permit a claim of “self-defense” to be considered in the disposition of a charge of battery or the administration of sanctions.

(3) An inmate is not entitled to a claim of “self-defense” and a hearing officer is not required to accept a claim of “self-defense”.

(4) An inmate is required to retreat from a threat if at all possible or a claim of self-defense may not be raised.

G. A charge of “Refuse” to accept work or housing under Regulation .04 §G(2) may not be excused by the defendant’s unsubstantiated claim of a perceived danger or threat of harm.

H. Consent — Sexual Act and Sexual Conduct.

(1) A defense of consent to a charge of a sexual act or sexual conduct may only be considered in an act between a defendant and a Department staff member.

(2) If the hearing officer finds that the involved staff member did consent to the sexual act or sexual conduct, the defendant may not be found guilty of an inmate rule violation charged.

(3) If the hearing officer finds that the defendant engaged in a sexual act or sexual conduct with the staff member without the staff member’s consent, a finding of guilt may be entered.

(4) A defense of consent may not be considered when the sexual act or sexual conduct occurs between inmates or inmates and non-Departmental staff.

Cross References

12.03.01.04A(2)

12.03.01.15B

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.04 Inmate Rule Violation Summary.

A. Inmate Rule Violation. — The Department has adopted an inmate rule violation summary to ensure:

(1) Staff and inmate knowledge of conduct prohibited by the Department; and

(2) Inmate compliance as required by Regulation .03 of this chapter.

B. Category of Inmate Rule Violation.

(1) For the purpose of organizing inmate rule violations under this regulation and to facilitate understanding by staff and inmates, the Department has established categories of inmate rule violations based on the severity of the offense associated with an inmate rule violation.

(2) The categories of inmate rule violations are:

(a) Category IA — most severe inmate rule violation;

(b) Category IB;

(d) Category III;

(e) Category IV; and

(f) Category V — least severe inmate rule violation.

C. Category IA Inmate Rule Violations. An inmate may not:

(1) 100 — Participate in a disruptive act;

(2) 101 — Commit assault or battery on staff;

(3) 102 — Commit assault or battery on an inmate;

(4) 103 — Commit assault or battery on a person who is neither staff nor an inmate;

(5) 104 — Make threats that include the use of physical harm to objects, property, or individuals;

(6) 105 — Possess, use, or manufacture a weapon;

(7) 106 — Escape when assigned maximum or medium security status;

(8) 107 — Escape when assigned minimum security status;

(9) 110 — Possess an implement or article that may be used in an escape;

(10) 116 — Possess, misuse, tamper with, damage, or destroy security devices, equipment, property, detection or monitoring equipment, or fire suppression or alarm devices;

(11) 117 — In any manner, arrange, commit, perform, or engage in a sex act or sexual conduct;

(12) 119 — In any manner, commit, conspire to commit, or participate in an act of masturbation;

(13) 122 — Possess a telecommunication device, SIM card, battery charger, carrying case, or other device or article identified with a telecommunication device; or willfully pose for the taking of an unauthorized photograph or video recording or make an unauthorized audio recording;

(14) 124 — Be involved with or participate in willful or negligent homicide; and

(15) 125 — Be involved with or participate in the taking of a hostage;

D. Category IB Inmate Rule Violations. An inmate may not:

(1) 108 — Escape when assigned pre-release security status;

(2) 109 — Escape while in the community;

(3) 111 — Possess a drug, controlled dangerous substance, or medication requiring staff observation to ingest, or an intoxicant excluding alcohol;

(4) 112 — Use a controlled dangerous substance, use a medication requiring staff observation to ingest when not prescribed, or use an intoxicant;

(5) 113 — Vacant;

(6) 114 — Possess a drug, controlled dangerous substance, or medication requiring staff observation to ingest, or an intoxicant, excluding alcohol, in a sufficient quantity, or possess packaging materials, suggesting distribution of or the intent to distribute;

(7) 115:

(a) Refuse or fail to provide a required volume of urine necessary for urinalysis testing; or

(b) Provide a diluted or an adulterated urine specimen for urinalysis testing;

(8) 118:

(a) Make application for, obtain, or possess articles or materials for an unauthorized financial account; or

(b) Use an unauthorized financial account;

(9) 121 — Possess tobacco in sufficient quantity or the materials necessary for packaging tobacco, or other related products that suggests an intent to distribute, or distribution of tobacco;

(10) 123 — Possess currency in:

(a) A facility where currency is not permitted; or

(b) An amount that is $50 or greater in excess of the amount the inmate is permitted to possess;

(11) 126 — Knowingly provide false reports, claims, accusations or information related to the Prison Rape Elimination Act (PREA) or use the PREA Hotline other than for the intended purpose.

E. Category II Inmate Rule Violations. An inmate may not:

(1) 200:

(a) Refuse testing or assessment for the mandatory education program;

(b) Refuse assignment to or refuse to participate in the mandatory education program; or

(2) 201:

(a) Refuse testing or assessment for a program designated as a mandatory remediation program;

(b) Refuse assignment to or refuse to participate in a program designated as a mandatory remediation program; or

(3) 202 — Refuse:

(a) To participate in or submit to deoxyribonucleic acid (DNA) sampling collection; or

(b) To be fingerprinted as required by statute, law, or the Department;

(4) 203 — Disobey a specifically cited facility Category II rule not listed in this regulation as an inmate rule violation.

F. Category III Inmate Rule Violations. An inmate may not:

(1) 300:

(a) Administer a tattoo;

(b) Receive a tattoo; or

(2) 301 — Possess or use alcohol without authorization;

(3) 302 — Possess equipment, materials, or paraphernalia that may be used in the manufacture of alcohol;

(4) 303 — Refuse to submit to alcohol detection testing;

(5) 304 — Possess, use, hoard, or accumulate medication without authorization;

(6) 305 — Participate in an act that is in violation of a law, statute, ordinance, or provision of law;

(7) 306:

(a) Gamble; or

(b) Possess gambling paraphernalia;

(8) 307 — Participate in an act of extortion, bribery, or coercion;

(9) 308:

(a) Steal State property;

(b) Possess stolen State property;

(d) Tamper with, damage, or destroy State property;

(10) 309:

(a) Steal the property of an individual or entity;

(b) Possess stolen property of an individual or entity;

(d) Alter, tamper with, damage, or destroy property of another individual or entity;

(11) 310 — Participate in an act not included as an inmate rule violation under this regulation that is in violation of a rule, policy, directive, or regulation of a:

(a) Department program;

(b) Facility program; or

(12) 311 — Possess currency in an amount that is $20 or more in excess of the amount the inmate is permitted, but less than $50 in excess of the amount the inmate is permitted to possess;

(13) 312:

(a) Interfere with or resist a search of a person, item, area, or location;

(b) Cause the early return of a community detail due to a violation of the rules;

(14) 313 — Disobey a specifically cited home detention or work release rule not listed in this regulation as an inmate rule violation;

(15) 314 — In any manner, commit, conspire to commit, or participate in an act of indecent exposure;

(16) 315 — Possess or pass contraband; or

(17) 316 — Disobey an order.

G. Category IV Inmate Rule Violations. An inmate may not:

(1) 400 — Vacant;

(2) 401 — Vacant;

(3) 402:

(a) Enter or be in a location without authorization;

(b) Leave an assigned location without authorization;

(d) Loiter or linger in a location without authorization; or

(e) Refuse or fail to obey or follow an order, rule, policy, or procedure regarding inmate movement or travel within or outside of the facility;

(4) 403:

(a) Provide false information;

(b) Alter, misrepresent, or forge a document; or

(5) 404 — Possess currency in an amount that is less than $20 in access of the amount the inmate is permitted to possess;

(6) 405 — Vacant:

(7) 406 — Vacant;

(8) 407 — Participate in or operate an unauthorized business, personal service, or enterprise;

(9) 408 — Vacant;

(10) 409:

(a) Make an unauthorized telephone call;

(b) Make or participate in a three way telephone call;

(11) 410 — Demonstrate:

(a) Disrespect;

(b) Insolence; or

(12) 411 — Possess tobacco in a limited quantity that may suggest personal use when there is no other evidence to suggest intent to distribute or distribution.

H. Category V Inmate Rule Violations. An inmate may not:

(1) 500 — Fail to possess or properly display a required inmate identification badge or card when directed by staff or required by facility rule;

(2) 501 — Participate in reckless behavior or horseplay;

(3) 502 — Fail to maintain:

(a) Personal cleanliness;

(b) The cleanliness of the facility or assigned housing area; or

(4) 503 — Disobey a specifically cited facility Category V rule not listed in this regulation as an inmate rule violation.

Cross References

12.03.01.03B(1)

12.03.01.03B(2)

12.03.01.03F(1)

12.03.01.05A(3)(b)(v)

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.05 Pre-Disciplinary Proceeding Procedures — Pre-Disciplinary Proceeding Phase — Investigating and Reporting an Inmate Rule Violation.

A. Investigation.

(1) Staff shall initiate an investigation when there is cause to believe that an inmate is non-compliant and has committed an inmate rule violation.

(2) As part of the investigation, staff shall attempt to:

(a) Determine the facts and circumstances of the event;

(b) Identify the inmate’s alleged conduct and inmate rule violation committed;

(d) Identify, secure, and preserve evidence regarding the reported event and the alleged inmate rule violation.

(3) An investigation under this regulation may include, but not be limited to:

(a) A verbal or written event report to the shift supervisor or commander; or

(b) An investigation that requires a period of time to:

(i) Interview a witness;

(ii) Gather evidence;

(iii) Determine the facts of the event as to what occurred;

(iv) Identify individuals involved; and

(v) Select the possible inmate rule violation or violations under Regulation .04 of this chapter to be charged.

B. Reporting an Inmate Rule Violation.

(1) Upon completion of the investigation under §A of this regulation, when staff determines that an inmate allegedly violated an inmate rule or rules under this chapter, staff shall use a Notice of Inmate Rule Violation form to report the inmate rule violation.

(2) If an inmate is alleged to commit an inmate rule violation, the reporting staff shall, within 1 calendar day of the completion of the required investigation:

(a) Complete the reported facts section of the Notice of Inmate Rule Violation form; and

(b) Forward the completed Notice of Inmate Rule Violation form to the shift supervisor.

C. Shift Supervisor Review.

(1) Upon receipt of a Notice of Inmate Rule Violation form, the shift supervisor, shall review:

(a) The defendant’s Notice of Inmate Rule Violation form;

(b) Administrative reports submitted in connection with the event; and

(c) Attachments or other evidence that may have been submitted by staff regarding the inmate’s alleged inmate rule violation.

(2) After conducting the review, the shift supervisor shall:

(a) Return the Notice of Inmate Rule Violation form to reporting staff if the Notice of Inmate Rule Violation form is defective or in error and requires correction, addition, or deletion requiring staff to provide the shift supervisor with the corrected Notice of Inmate Rule Violation form;

(b) Determine the inmate rule or rules with which the defendant is to be charged;

(c) Make a recommendation to the shift commander that the defendant be housed in administrative segregation pending the outcome of the defendant’s disciplinary proceeding, if the shift supervisor believes that the conduct alleged in the reported event or the defendant’s disciplinary history constitutes a threat to the:

(i) Security of the facility, Department, or community; or

(ii) Safety of an inmate, staff, or an individual;

(d) Record the inmate rule violation or violations charged in the Notice of Inmate Rule Violation form and:

(i) If the defendant is charged with a Category IA, IB, or II inmate rule violation, refer the case to a hearing officer for a formal disciplinary proceeding; or

(ii) If the defendant is charged with only a Category III, IV, or V violation, refer the case to a hearing officer for a disciplinary proceeding, or offer the defendant an informal resolution.

(3) If the shift supervisor recommends placing the defendant in administrative segregation under §C(2)(c) of this regulation, forward the completed Notice of Inmate Rule Violation form to the shift commander for review.

D. Shift Commander Review.

(1) Upon receipt of a recommendation in accordance with §C(3) of this regulation, the shift commander shall review the recommendation and determine if there is cause to believe the defendant is or is not a threat to the:

(a) Security of the facility, Department, or community; or

(b) Safety of an inmate, staff, or an individual.

(2) If the shift commander finds there is cause to believe there is a security or safety threat posed by the defendant’s reported conduct, inmate rule violation charged, or the defendant’s disciplinary history, the shift commander shall approve placing the defendant on administrative segregation housing status and indicate the approval on the Notice of Inmate Rule Violation form.

(3) Additionally, the shift commander may:

(a) Review the defendant’s Notice of Inmate Rule Violation form; and

(b) Exercise the same options authorized for a shift supervisor under §C of this regulation.

E. Completion of Review. — The shift supervisor’s review required under §C of this regulation and, if required, a shift commander’s review under §D of this regulation shall be completed within 1 calendar day of the date that the last draft of the reported facts section was accepted.

F. Redrafting Notice of Inmate Rule Violation Form and Notice of Inmate Disciplinary Hearing Form.

(1) A shift supervisor, shift commander, or facility representative reviewing a Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form may direct the staff submitting the form to make corrections, additions, deletions, or other changes to the form or other documentation submitted with the form prior to or after service of the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form on the defendant.

(2) Except under §F(3) of this regulation, if staff determines that the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form is technically in error or evidentially insufficient after the defendant has been served a copy of the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form, staff shall:

(a) Prepare a new or revised Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form that supersedes the previously served Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form and:

(i) Correct an error; or

(ii) Provide omitted or additional information; and

(b) Ensure that the new or revised Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form is served on the defendant in accordance with the service process under this chapter.

(3) To correct a minor error or omission to a Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form (for example a name or date or the absence of a signature or date) or attach new or additional information, staff may complete a matter of record form, memorandum, or correspondence addressed to and received by the defendant explaining the correction or providing a copy of the new or additional information.

G. Referral for Informal Resolution.

(1) If a shift supervisor, shift commander, facility representative, or hearing officer determine that a defendant charged only with Category III, IV or V violations should be offered an informal resolution, the defendant may be offered either an:

(a) Informal disposition with a sanction; or

(b) Incident report without sanction.

(2) The shift supervisor, shift commander, facility representative, hearing officer, or any other staff is not required to offer a defendant charged with only a Category III, IV, or V inmate rule violation an informal resolution.

(3) An informal resolution may be offered any time before the completion of a formal disciplinary proceeding before a hearing officer including, but not limited to, before or during the preliminary hearing or case presentation portion of the disciplinary proceeding before the hearing officer.

(4) A defendant is not required to accept an informal resolution and may reject the offer and request a formal disciplinary proceeding before a hearing officer.

(5) A defendant’s acceptance of an offer of an informal resolution shall mean the defendant accepts and agrees with the:

(a) Waiver of the formal disciplinary proceeding under the inmate disciplinary process;

(b) Offer of informal resolution;

(d) Placement of the defendant’s Notice of Inmate Rule Violation form and Notice of Informal Resolution form in the defendant’s case record; and

(e) Waiver of the right to appeal the informal resolution disposition for each inmate rule violation charged.

(6) The defendant’s acceptance of a hearing officer’s offer of an informal resolution on the audio record of the defendant’s disciplinary proceeding shall constitute the defendant’s acceptance of and agreement with the offer.

(7) A defendant’s refusal to accept an offer of informal resolution shall be the defendant’s:

(a) Rejection of the offer of informal resolution; and

(b) Request for the hearing officer to proceed with a formal disciplinary proceeding under the inmate disciplinary process to resolve the inmate rule violation charged.

(8) If the managing official, or a designee, believes the offer of informal resolution made to the defendant is in error, the managing official, or a designee, may remand the matter to the hearing officer assigned to the facility for a review.

(9) A hearing officer receiving a remanded informal resolution shall determine if the informal resolution is in compliance with requirements for informal resolution and if finding that the informal resolution is:

(a) Not permitted, proceed with the defendant’s disciplinary proceeding; or

(b) Permitted, affirm the informal resolution and conclude the defendant’s disciplinary proceeding.

Cross References

12.03.01.15D(4)(a)

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.06 Pre-Disciplinary Proceeding Procedures — Service of Notice of Inmate Rule Violation Form and Notice of Inmate Disciplinary Hearing Form or Notice of Offer of Informal Resolution Form.

A. Staff shall serve a defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form before the defendant appears before a hearing officer.

B. Staff Service Responsibilities.

(1) Staff assigned to serve a defendant with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form shall:

(a) Serve the applicable forms on the defendant within 24 hours of the final review of the shift supervisor or, if applicable, the shift commander.

(b) Provide the defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form.

(c) Retain possession of and not provide the defendant with an attachment or other evidence submitted with the Notice of Inmate Rule Violation form, which may include, but may not limited to, a:

(i) Report;

(ii) Document;

(iii) Record;

(iv) Form;

(v) Documented verbal or written statement;

(vi) Photograph;

(vii) Video;

(viii) Telephone conversation; or

(ix) Evidence related to the reported event, the inmate rule violation charged, or reported conduct of the defendant.

(d) Forward an attachment and other evidence submitted with the Notice of Inmate Rule Violation form to, if designated, the facility representative or staff designated by the managing official, or a designee, who shall:

(i) Maintain the attachment and other evidence in a secure location designated by the shift supervisor or, if applicable, the shift commander; and

(ii) Present the attachment and other evidence at the time the defendant appears before the hearing officer for a preliminary review.

(2) When serving a defendant with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form staff, unless prevented by a security or safety issue or a time constraint, shall:

(a) Provide the defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form and provide the defendant the opportunity to:

(i) Read the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form;

(ii) Request representation or witnesses on the facility’s copy of the Notice of Inmate Disciplinary Hearing form;

(iii) Request evidence on the facility’s copy of the Notice of Inmate Disciplinary Hearing form; and

(iv) Sign for receipt of the defendant’s copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the facility’s copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form;

(b) If applicable, make a record of any cause that may prevent service of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form;

(c) Sign the name of the staff member performing the service and date as a record of service in the designated section on the facility’s copy of the Notice of Inmate Disciplinary Hearing form and Notice of Inmate Disciplinary Hearing form;

(d) Provide the defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form; and

(e) Return the facility’s copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form to the shift supervisor or, if applicable, the shift commander.

(3) If the defendant is being served with a Notice of an Offer of Informal Resolution form, staff serving the defendant shall permit the defendant to accept or reject the offer of information resolution and sign Notice of an Offer of Informal Resolution form accordingly as a record of the defendant’s decision to accept or reject the offer.

(4) If the defendant rejects an offer of informal resolution, staff shall permit the defendant the opportunity to request representation, witnesses, and or evidence on the Notice of Inmate Disciplinary Hearing form.

C. The Defendant Responsibilities at the Time of Service of a Notice of Inmate Rule Violation Form and Notice of Inmate Disciplinary Hearing Form or Notice of Offer of Informal Resolution Form.

(1) The defendant shall notify staff serving Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form if the defendant is unable to read or understand the document.

(2) The defendant, at the time of service, shall:

(a) Sign for receipt of the defendant’s copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form;

(b) Provide notice at service of the defendant’s request for representation, a witness, or evidence for the purpose of the defendant’s possible case presentation during the formal disciplinary proceeding on the Notice of Inmate Disciplinary Hearing form;

(c) Sign and date the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form in the designated section of the facility’s copy; and

(d) Return the facility’s copy of Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form to the staff serving the document.

(3) Request for Representation, Witness, Evidence.

(a) If the defendant does not request a representative specifically by name, a witness or witnesses specifically by name, and evidence with a specific description of that evidence at the time of service, or does not sign for receipt of Notice of Inmate Disciplinary Hearing form, the defendant is considered to have waived the defendant’s right to make the request for a representative, witness or evidence; and

(b) If the defendant does not request as specified under §C(2)(b) or C(3)(a) of this regulation and subsequently makes a request for a representative, a witness, or evidence at the preliminary hearing or formal disciplinary proceeding before a hearing officer, that request may be denied.

D. After service of a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form or Notice of Offer of Informal Resolution form staff shall return the appropriately endorsed documents to the shift supervisor or, if applicable, shift commander, who shall review the facility’s copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form and:

(1) Ensure that the service process been properly completed;

(2) Ensure that the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form were not altered by the defendant;

(3) Take the appropriate steps to secure and preserve evidence properly requested by the defendant at service if that evidence is available and under control of the Department; and

(4) Forward the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form to staff designated for scheduling the defendant for an appearance before a hearing officer.

E. Delay and Waiver of Service.

(1) Good cause shall permit the delay of the service of the defendant with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form.

(2) Examples of good cause are, but may not be limited to, when the defendant is:

(a) An escapee;

(b) A patient in a community hospital or medical center;

(d) Assigned to a mental health housing unit in the community or in the facility; or

(e) Placed on staff alert status due to being deemed an immediate risk to the safety or security of staff.

(3) A defendant may be served with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form while the defendant is a medical or mental health patient, if medical or mental health staff in charge of care for the defendant determine the defendant may be served.

(4) When there is good cause that delays service designated staff shall:

(a) Serve the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the defendant within 3 business days after the cause for delay of service no longer exists;

(b) Make a record of the cause that delayed service; and

(c) Inform the hearing officer of the cause for delay if the delay is raised at the defendant’s appearance before the hearing officer.

(5) The defendant’s refusal to sign for receipt of service shall be considered a waiver of the Department’s obligation for timely service of the defendant with a copy of Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form.

(6) If the defendant does not return at service the facility’s copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form to the staff serving the documents, that action is concluded to be a waiver of the service requirements under this regulation.

(7) If the defendant becomes disruptive with or poses a security or safety threat to staff serving the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form, staff shall conclude under this regulation that the defendant has waived the service process and terminate the service by leaving a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form with the defendant.

(8) If service of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form is waived by the defendant under provisions of §§E(5) — (7) of this regulation, the defendant is considered to have waived the right to request representation, witnesses, or evidence at any point in the inmate disciplinary process.

Cross References

10.16.02.04C(1)

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.07 Pre-Disciplinary Proceeding Procedure — Hearing Docket.

A. The facility managing official, or a designee, shall ensure that:

(1) Staff is designated to establish a hearing docket to schedule the appearance of a defendant before the hearing officer for a preliminary hearing; and

(2) The preliminary hearing is scheduled to occur within 7 business days of service of Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the defendant.

B. Staff may not schedule a defendant’s preliminary hearing to occur within 24 hours of service of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form on the defendant, except if the defendant:

(1) Elects to waive the right to at least 24 hours of notice in order to prepare; or

(2) Is scheduled to be released from the custody of the Department before the expiration of the required 24 hour notice, in which case the appearance of the defendant shall be scheduled prior to the defendant’s release, with as much time as practicable prior to the scheduled appearance to permit the defendant to prepare a defense regarding the inmate rule violation charged.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.08 Pre-Disciplinary Proceeding Procedure — Mental Health Hearing Docket.

A. If the defendant is assigned to a mental health unit in the facility or in the community, staff designated to schedule a hearing shall hold the defendant’s appearance before the hearing officer in abeyance until the defendant is released from the mental health treatment facility, except when mental health staff provide documentation that the defendant is competent to participate in a disciplinary proceeding.

B. If the defendant is housed in a facility mental health unit for more than 30 calendar days, staff designated to schedule a hearing shall contact the facility’s mental health staff and request a determination whether the defendant is competent to participate in a disciplinary proceeding and if mental health staff document that the defendant:

(1) Is competent to participate in a disciplinary proceeding, the defendant shall be scheduled for appearance before the hearing officer.

(2) Was not competent at the time of the alleged inmate rule violation or is not currently competent to participate in a disciplinary proceeding, or is housed in a community mental health unit for more than 30 calendar days:

(a) The disciplinary proceeding shall be scheduled in absentia; and

(b) The hearing officer shall enter a disposition of “Not Competent” and the disciplinary proceeding shall be concluded.

C. The hearing officer shall find that there is good cause for staff non-compliance with time or procedure requirements when the defendant is housed in a community or facility mental health unit.

D. Whether or not the defendant is currently under the care of mental health staff, if there is cause to believe that the defendant may not be mentally competent and is unable to participate in the inmate disciplinary process, the hearing officer shall postpone the disciplinary proceeding and the facility representative or other facility staff shall refer the defendant to the Department’s mental health staff to:

(1) Assess the defendant’s mental health status; and

(2) Determine whether the defendant is competent to participate in the disciplinary process.

E. If mental health staff determines that the defendant is not competent to participate in the inmate disciplinary process, the:

(1) Disciplinary proceeding shall be held in absentia; and

(2) Hearing officer shall enter a disposition of “Not Competent” and conclude the disciplinary proceeding.

F. If mental health staff determines that the defendant is competent to participate in the inmate disciplinary process, the hearing officer shall proceed with the disciplinary proceeding.

G. If mental health staff determines that the defendant is competent, and after carefully considering the determination made by mental health staff, the hearing officer disagrees, the hearing officer may still make a finding that the defendant is not competent and, upon making such a finding, enter a disposition of “Not Competent” and conclude the disciplinary proceeding.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.09 Disciplinary Proceeding Procedures Phase — Special Needs Inmate.

A. Interpreters.

(1) If raised as an issue by the defendant, the hearing officer shall make a finding as to whether or not the defendant has the need for an interpreter before moving forward with the disciplinary proceeding.

(2) The hearing officer may consult with medical and case management, without the defendant present, in order to determine if an interpreter is necessary.

(3) If an interpreter is required:

(a) An inmate may not serve as an interpreter under this chapter.

(b) An interpreter may be:

(i) Staff fluent in the preferred language of the defendant; or

(ii) Provided through a State contracted vendor.

(4) After making arrangements for an interpreter, facility staff shall reschedule the defendant’s appearance before the hearing officer.

(5) The hearing officer shall administer an affirmation to the interpreter prior to permitting the individual to assume the role as the defendant’s interpreter.

(a) The affirmation given shall be stated by the hearing officer to the proposed interpreter as: “Do you solemnly swear or affirm that you will provide an accurate, complete, and impartial interpretation of all statements made during this proceeding to the best of your knowledge and ability.”

(b) After administering the affirmation to the proposed interpreter, the individual shall be required to acknowledge the affirmation in the affirmative prior to the hearing officer permitting that individual to act as the inmate’s interpreter.

B. Illiteracy.

(1) If raised as an issue by the defendant, the hearing officer shall make a finding as to whether the defendant is illiterate before moving forward with the disciplinary proceeding.

(2) The hearing officer may consult with the education department and case management, without the defendant present, in order to determine if the defendant is illiterate.

(3) If the hearing officer determines the defendant is illiterate, the defendant shall be provided with a representative to assist during the disciplinary proceeding.

C. The hearing officer may grant a defendant identified as a special needs inmate under this regulation additional time to prepare or greater procedural latitude in the inmate disciplinary process.

D. A delay in the scheduling of the defendant’s disciplinary proceeding due to special accommodations required for a special needs inmate shall be considered to be based on good cause.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.10 Disciplinary Proceeding Procedures — Facility Representative.

A. A managing official, or a designee, may elect to designate staff to act as the facility representative to represent the facility’s interests during a defendant’s disciplinary proceeding.

B. The facility representative, with or without consultation with the shift supervisor or commander, may:

(1) Add additional inmate rule violation charges to the Notice of Inmate Rule Violation form and re-serve the Notice of Inmate Rule Violation form on the defendant either before the disciplinary proceeding or in the preliminary phase of the disciplinary proceeding;

(2) Delete or choose not to pursue charges approved by the shift supervisor or commander;

(3) Correct a technical, procedural, evidentiary, or formatting error found in the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form;

(4) Return the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form to the shift supervisor or shift commander for correction or revision;

(5) Offer an informal resolution to the defendant for any Category III, IV, or V inmate rule violation charged;

(6) Enter into a plea agreement with the defendant for presentation to the hearing officer to resolve the inmate rule violation charged;

(7) Make determinations regarding the release or withholding of the identity of a confidential informant or other security sensitive evidence;

(8) Present argument and evidence to the hearing officer in support of the facility’s case presentation as to the defendant’s inmate rule violation charged;

(9) Require staff to submit additional reports or present staff to testify concerning information relevant to the defendant’s inmate rule violation charged as a witness during the facility’s case presentation; and

(10) Appeal to the managing official, or a designee, the hearing officer’s decision rendered or sanction imposed if there is cause to believe the hearing officer under this chapter acted erroneously.

C. For the purposes of the security and control of a defendant’s disciplinary proceeding and safety of staff and inmates participating in a disciplinary proceeding, the facility representative or escort officer shall determine the manner and form in which an inmate participant shall be restrained consistent with Department policy and procedure and the policy and procedures established by the facility in which the inmate participant is housed.

(1) The facility representative or escort officer may employ more restrictive handcuffing or other restraint procedures than are required by the rules of the facility.

(2) The hearing officer may request additional handcuffing or other restraints be used.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.11 Disciplinary Proceeding Procedures — Hearing Officer.

A. Hearing Officer. The hearing officer, as the fact finder, shall be fair and impartial and may:

(1) Interpret Department policy and procedures or the time or procedure requirements under this chapter;

(2) Make applicable rulings at any stage of the disciplinary process based on the hearing officer’s interpretation of Department policy and procedures;

(3) Weigh the evidence presented during the evidentiary phase and make findings of fact based upon evidence found credible and reliable by a preponderance of the evidence;

(4) Determine the disposition of each inmate rule violation charged;

(5) Determine the number, period, and effective date of sanctions to be imposed when applicable;

(6) Provide assistance with an investigation or other legal matters that may involve:

(a) The Department;

(b) A law enforcement agency;

(d) An office of a State or local government agency;

(7) Order the removal of any hearing participant from the location of the disciplinary proceeding if the hearing participant becomes disruptive or becomes a threat to the safety and security of the facility or any other hearing participant; and

(8) Perform other duties as assigned by the hearing officer supervisor or the Secretary, or a designee.

B. Facility Hearing Officer. A managing official, or a designee, may designate a facility hearing officer to act as a hearing officer without regard to whether a hearing officer is available to preside over disciplinary proceedings at the facility.

C. Ex Parte Communication — Permitted. Unless otherwise stated under this regulation, the hearing officer may:

(1) Elect to discuss a pending case and its evidentiary merits in the absence of the defendant, or, if designated, the facility representative with:

(a) Staff of the Office of the Attorney General;

(b) A law enforcement official;

(d) The hearing officer supervisor, or a designee; or

(e) The Secretary, or a designee;

(2) Elect to discuss a non-evidentiary matter in the absence of the defendant, or, if designated, the facility representative regarding one or more of the following matters:

(a) Security or safety;

(b) A plea agreement;

(d) A postponement request;

(e) A time requirement or procedure of a regulation under this chapter or Department policy or procedure; or

(f) Representation or witness request; or

(3) Elect to, without the defendant present:

(a) Question or take testimony from a witness or confidential informant witness whose identity may not be revealed to a defendant;

(b) Review or examine security sensitive evidence that may include a document, video record, or other security sensitive evidence in the presence of staff necessary for security and safety of the hearing officer, witness, confidential informant, or security sensitive evidence.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.12 Disciplinary Proceeding Procedures — Preliminary and Evidentiary Phases — Written Record and Audio Recording.

A. The hearing officer shall be responsible for a record of the defendant’s disciplinary proceeding when the defendant is before the hearing officer.

B. The hearing officer shall ensure that both a written record and audio recording are used to document and record a defendant’s appearance before the hearing officer.

C. The written and audio record shall only be considered a record of the Department exclusively for the:

(1) Use of staff in the conduct of the Department’s daily business;

(2) Record retention requirements of the Department; and

(3) Statutory requirements of the Annotated Code of Maryland regarding documenting the defendant’s case record as to the defendant’s disciplinary history.

D. The audio record of the defendant’s disciplinary proceeding may not be considered to be an entitlement, a right, or for the benefit of a defendant.

E. Audio Recording.

(1) The inability to record a defendant’s disciplinary proceeding shall preclude the hearing officer from conducting the defendant’s disciplinary proceeding.

(2) When the defendant’s disciplinary proceeding cannot be audio recorded and the defendant’s disciplinary proceeding may not proceed, the hearing officer shall:

(a) Advise the defendant that the disciplinary proceeding cannot be audio recorded and the inmate’s disciplinary proceeding may not proceed;

(b) Postpone the defendant’s disciplinary proceeding; and

(3) The postponement of the defendant’s disciplinary proceeding due to an inability to audio record the defendant’s disciplinary hearing:

(a) Shall be considered good cause for the delay of the defendant’s disciplinary proceeding; and

(b) May not support the dismissal of an inmate rule violation charged.

F. Written Record.

(1) The written record is a summary of the defendant’s disciplinary proceeding and may not be considered a full transcript.

(2) A hearing officer’s failure to completely document the written record may not be the basis for a reversal of the hearing officer’s findings of fact or disposition of an inmate rule violation charged.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.13 Disciplinary Proceeding Procedures — Inmate Waiver of Appearance.

A. If a defendant elects not to appear before the hearing officer or to participate in the disciplinary proceeding, the defendant is considered to waive:

(1) The defendant’s preliminary review;

(2) The opportunity to claim a denial of a due process right or claim a violation of a time or procedure requirement applicable to this chapter pursuant to statute, law, or policy;

(3) The ability to attend and participate in all stages of the disciplinary proceeding under the inmate disciplinary process;

(4) The opportunity to make a case presentation and present evidence;

(5) The opportunity to make a presentation regarding appropriate sanctions, if applicable;

(6) The post-disciplinary procedures under this chapter; and

(7) Any and all rights, claims, or procedures normally available to the defendant under the authority of a statute, law, policy, or procedure applicable to the inmate disciplinary process.

B. The hearing officer may determine that the defendant waived an appearance before the hearing officer and participation in the disciplinary proceeding if the defendant:

(1) Submits a Waiver of Appearance form or written statement informing the hearing officer of the defendant’s decision not to appear or participate;

(2) Poses a threat to the security of the facility or the safety of an inmate, staff, or an individual;

(3) Delays appearance before the hearing officer or willfully delays reporting to the location of the defendant’s disciplinary proceeding;

(4) Refuses to obey instructions or resists or interferes with the duties of staff prior to an appearance before the hearing officer or after reporting to the location of the defendant’s disciplinary proceeding;

(5) Violates security procedures for the escort of the defendant to or at the location of the defendant’s disciplinary proceeding;

(6) Elects to depart voluntarily from the location of the defendant’s disciplinary proceeding prior to the conclusion of the disciplinary proceeding;

(7) Becomes disruptive prior to the appearance before the hearing officer or after arriving at the location of the defendant’s disciplinary proceeding;

(8) Exhibits conduct that poses a threat to the security of the facility or location of the defendant’s disciplinary proceeding; or the safety of an inmate, staff, or an individual; or

(9) Requires removal from the location of the defendant’s disciplinary proceeding at the direction of the hearing officer or staff.

C. If a defendant elects not to appear before the hearing officer, elects not to participate in the defendant’s disciplinary proceeding, or is removed or not permitted to participate in the defendant’s disciplinary proceeding, the hearing officer shall:

(1) Continue with the defendant’s disciplinary proceeding in the absence of the defendant; and

(2) Render a disposition for each inmate rule violation charged.

D. When determining that the defendant’s right to participate in the defendant’s disciplinary proceeding is voluntarily or involuntarily waived by the defendant, the hearing officer may accept:

(1) A Waiver of Appearance form or a written statement signed by:

(a) The defendant or staff having direct knowledge of the defendant’s decision not to appear before the hearing officer or to participate in the defendant’s disciplinary proceeding; or

(b) Staff having direct knowledge of the defendant’s conduct that supports a determination that the defendant has involuntarily waived the defendant’s right to appear before the hearing officer or to participate in the defendant’s disciplinary proceeding; or

(2) Sworn testimony from staff having direct knowledge of the defendant’s:

(a) Decision not to appear before the hearing officer or to participate in the defendant’s disciplinary proceeding; or

(b) Conduct that supports a determination that the defendant has involuntarily waived the defendant’s right to appear before the hearing officer or to participate in the defendant’s disciplinary proceeding; or

(3) Statements made by the defendant in the hearing officer’s presence or observations of the defendant’s conduct made by the hearing officer.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.14 Disciplinary Proceeding Procedures — Preliminary Review.

A. Preliminary Review. The matters that may be addressed by the hearing officer, facility representative, if designated, or the defendant at the preliminary review may include, but may not be limited to, one or more of the following:

(1) The inmate rule violation or violations charged;

(2) A representation request;

(3) A witness request;

(4) An evidence request;

(5) A postponement request;

(6) A time or procedure requirement;

(7) The form of the Notice of Inmate Rule Violation or Notice of Inmate Disciplinary Hearing;

(8) Any issues with or arising from the manner of service of process of the documents under §A(1)(g) of this regulation;

(9) An attachment or other evidence review;

(10) Determinations regarding security sensitive evidence or confidential witnesses;

(11) A plea agreement;

(12) An informal resolution; and

(13) A plea by the defendant to the inmate rule violation or violations charged.

B. If during or at the conclusion of the preliminary phase of the inmate disciplinary proceeding, a defendant elects not to or fails to raise any matter listed under §A of this regulation, the defendant is concluded to have waived the opportunity to make a motion regarding the matter.

C. During the preliminary review, the hearing officer shall ensure that a description of an attachment or other evidence submitted by staff as to the inmate rule violation charged is reviewed and summarized for the record of the defendant’s disciplinary proceeding except that security sensitive evidence may not be read into the record or released to a defendant or other inmate.

D. If the hearing officer determines that the factual content of the Notice of Inmate Rule Violation form, or any attachment, report, or evidence attached to or referred to in the Notice of Inmate Rule Violation form, if found to be credible and reliable, would constitute an inmate rule violation not charged by staff, the hearing officer:

(1) May notify the participants in the preliminary review that the additional inmate rule violation may be charged;

(2) May inquire if the facility representative, if designated, or other facility staff intends to add the applicable inmate rule violation, and, if added, ensure that the record of the disciplinary proceeding reflects the additional inmate rule violation charged; and

(3) Shall, if raised by a participant in the preliminary review, permit the request for a postponement of the disciplinary proceeding for a reasonable time so the party to the preliminary review making the request may further prepare the case in regard to the additional inmate rule violation charged.

E. At the conclusion of the preliminary review, the hearing officer shall inquire if the defendant and facility representative, if designated, or facility staff is prepared to proceed with an evidentiary portion of the disciplinary proceeding.

(1) If the defendant or the facility representative, if designated, or facility staff is not prepared to proceed, the hearing officer shall provide the defendant or the facility representative, if designated, or facility staff an opportunity to address the issue.

(2) The hearing officer may, without the request of any other hearing participant, postpone a disciplinary proceeding.

(3) The hearing officer shall determine the merits of the moving participant’s request for a postponement.

(4) When the hearing officer does not find that a postponement of the disciplinary proceeding is warranted, the hearing officer shall proceed with the disciplinary proceeding.

(5) If a defendant’s disciplinary proceeding is postponed, staff shall reschedule the defendant’s disciplinary proceeding as soon as circumstances permit.

(6) The postponement of the defendant’s disciplinary proceeding shall be considered good cause for the delay and may not be considered cause for dismissal of an inmate rule violation charged.

(7) Failure to request a postponement shall be deemed a waiver of the right to request and be granted a postponement.

(8) When a previously postponed case is resumed, the hearing officer shall determine whether to continue the defendant’s previous disciplinary proceeding or whether circumstances require a de novo or new preliminary or evidentiary proceeding.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.15 Disciplinary Proceeding Procedures — Preliminary Phase — Dismissing an Inmate Rule Violation Charged.

A. A hearing officer may only elect to dismiss an inmate rule violation charged based on cause established under this regulation.

B. Time or Procedural. A hearing officer may dismiss an inmate rule violation charged if the defendant established that a time or procedural violation requiring dismissal of an inmate rule violation charged under this chapter has occurred and meets the requirements for a dismissal under §C of Regulation .03 of this chapter.

C. Lack of Evidence or Failure to Make a Prima Facie Case. After reviewing a report, an attachment, or other evidence submitted by the facility representative, if designated, or facility staff, the hearing officer may dismiss an inmate rule violation charged for lack of evidence if the hearing officer determines that the facts as stated in a report, an attachment, or other evidence considered in the light most favorable to the facility and inferences resulting from those facts do not support a finding that the defendant committed the inmate rule violation charged.

D. Technical Defect or Error.

(1) A non-evidentiary defect or error in drafting of either a defendant’s copy of the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form may not be considered a cause under this regulation to support dismissal of an inmate rule violation charged.

(2) A possible non-evidentiary defect or error may include, but not be limited to, one or more of the following:

(a) An incorrect inmate rule violation charged;

(b) An incorrectly cited date or time reference;

(d) A missing signature on any form;

(e) The absence of a shift supervisor or shift commander review; or

(f) A failure of service on the defendant.

(3) To correct the defect or error, the hearing officer shall inform the facility representative, if designated, or facility staff of the defect or error identified and the need for correction.

(4) After correction, the facility representative, if designated, or facility staff shall:

(a) Provide the defendant with notice consistent with §F of Regulation .05 of this chapter; and

(b) Schedule the defendant for an appearance before the hearing officer.

(5) The identification of a defect or error shall be considered good cause to suspend the inmate disciplinary process until the defect or error is corrected.

E. Failure to Serve the Notice of Inmate Rule Violation Form or Notice of Inmate Disciplinary Hearing Form.

(1) If raised during the preliminary review that the defendant did not receive service of the defendant’s copy of the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form, the hearing officer shall determine whether the defendant received service.

(2) A hearing officer may rely on one or more of the following in order to determine whether staff complied with service requirements of this chapter:

(a) The defendant’s presentation regarding the claim of not being served a copy of the defendant’s Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form;

(b) The record of service as stated on the facility’s copy of the defendant’s Notice of Inmate Disciplinary Hearing form or Notice of Inmate Disciplinary Hearing form or Department data records;

(c) Testimony of staff serving the defendant with the defendant’s copy of the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form; or

(d) Rebuttal presentation, if presented by the facility representative, if designated, or facility staff, to the defendant’s presentation under this regulation.

(3) The failure of the defendant to be served with the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form prior to the defendant’s appearance before the hearing officer may not, under this regulation, be considered a cause to support the dismissal of an inmate rule violation charged.

(a) If the hearing officer determines that staff failed to meet service requirements, the hearing officer shall notify the facility representative, if designated, or facility staff of the non-compliance with service requirements and direct staff to comply service requirements.

(b) If the hearing officer determines that staff did comply with service requirements, the hearing officer shall proceed with the disciplinary proceeding.

(4) The failure of staff to serve the defendant with the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form shall be considered good cause for the delay of a time or procedure requirement under the inmate disciplinary process.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.16 Disciplinary Proceeding Procedures — Preliminary Review — Defendant Request for Representation.

A. A defendant referred to the hearing officer for a disciplinary proceeding may elect to request representation to assist the defendant during the disciplinary proceeding.

(1) If a defendant requests representation for the inmate disciplinary process and the request is subsequently approved:

(a) All responsibilities established under this chapter for the defendant during the preliminary hearing, case presentation, and sanctioning phase of the disciplinary proceeding become the defendant’s representative’s responsibilities;

(b) The defendant agrees that the defendant’s representative is the agent of the defendant;

B. Defendant Representation Request.

(1) When a defendant is served with the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form, the defendant is required to list the name of the defendant’s requested representative in the section of the facility’s copy of the Notice of Inmate Disciplinary Hearing form designated for the name of the representative.

(2) The defendant’s failure to list the name of the requested representative at the time of service shall be a waiver of defendant’s opportunity for representation.

C. Upon the appearance of the defendant before the hearing officer for a preliminary review of the defendant’s Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form, the hearing officer shall determine if the:

(1) Inmate did list the name of a requested representative at service; and

(2) Individual listed is permitted to represent the defendant according to requirements of this regulation.

D. The facility representative, if designated, or facility staff may make an objection to the defendant’s requested representative.

(1) If an objection is raised, the hearing officer shall:

(a) Permit the facility representative, if designated, or facility staff to state the reason or cause the defendant’s requested representative is not eligible to represent the defendant;

(b) Permit the defendant an opportunity to address the facility representative’s, if designated, or facility staff’s objection to the defendant’s requested representative; and

(c) After reviewing the facility representative’s, if designated, or facility staff’s objection and the defendant’s response, determine if the objection is sustained or overruled and advise the facility representative, if designated, or facility staff and defendant of the decision.

(2) If the facility representative’s, if designated, or facility staff’s objection is sustained, the defendant may request that the hearing officer postpone the disciplinary proceeding to permit the defendant an opportunity to obtain another representative or to permit the defendant more time to prepare to proceed without representation.

(3) If the disciplinary proceeding is postponed due to an issue with a defendant’s representative and a subsequent request for a defendant representative is denied or the defendant’s approved representative is unprepared, the hearing officer shall find that the defendant has waived the right to request representation and the hearing officer shall proceed with the defendant’s disciplinary proceeding.

(4) The hearing officer is not obligated to grant a postponement requested by the defendant in accordance with provisions of this regulation.

E. The appearance of a defendant’s requested representative at a disciplinary proceeding is voluntary on the part of the requested representative.

F. If a requested representative declines to appear at the defendant’s disciplinary proceeding or represent the defendant at the disciplinary proceeding, the hearing officer may not compel a requested representative to appear at the defendant’s disciplinary proceeding or act as the defendant’s representative.

G. The hearing officer shall only permit a willing individual to appear as the defendant’s representative who is:

(1) An inmate:

(a) Assigned to the general population of the facility where the defendant’s disciplinary proceeding is to take place; and

(b) Permitted under this regulation and by the managing official, or a designee, to represent the defendant;

(2) A staff member:

(a) Employed at the facility where the defendant’s disciplinary proceeding is to take place; and

(b) Permitted under this regulation and by the managing official, or a designee, to represent the defendant; or

(3) A protective custody inmate:

(a) Approved by the managing official, or a designee, to represent another protective custody defendant; and

(b) Assigned to the facility where the defendant’s disciplinary proceeding is to take place.

H. A hearing officer may not permit an individual requested to be a defendant’s representative if the requested individual is:

(1) Banned as a defendant representative by the Secretary, Deputy Secretary, Executive Director, Field Support Services, managing official, or a respective designee;

(2) Identified as a threat to the security of the facility, Department, or community or safety of an inmate, staff, or an individual;

(3) Assigned to disciplinary or administrative segregation, cell restriction, or medical or mental health housing or status;

(4) A protective custody inmate requested to represent a defendant who is not assigned to protective custody;

(5) An attorney or paralegal;

(6) A visitor to the facility; or

(7) In a location where staff escort or vehicular transportation to the defendant’s disciplinary proceeding is required.

I. If the defendant does not request representation at service and subsequently requests representation at the defendant’s appearance before a hearing officer, the hearing officer may elect to permit the request for representation only if:

(1) The requested individual is permitted under this regulation to represent a defendant;

(2) The requested individual is present at the time and location where the defendant’s disciplinary proceeding is to take place;

(3) There is no request for postponement by the requested representative; and

(4) The defendant’s representative and the defendant are prepared to proceed with and participate in the defendant’s disciplinary proceeding.

J. If the defendant requested representation at service and is subsequently informed that the requested representative declined to represent the defendant or is unavailable and the defendant requests the opportunity to obtain another representative and a postponement to obtain representation, the hearing officer may:

(1) Permit the request and postpone the defendant’s disciplinary proceeding for one calendar day; or

(2) Deny the defendant’s request and proceed with the defendant’s disciplinary proceeding.

K. The hearing officer when permitting a postponement under §J(1) of this regulation may not grant a subsequent postponement request if the defendant does not obtain representation.

L. If an approved defendant’s representative makes an appearance at the defendant’s disciplinary proceeding, the defendant’s representative is obligated to remain at the defendant’s disciplinary hearing until released by the hearing officer.

M. If the defendant’s representative, during the defendant’s disciplinary proceeding, voluntarily elects not to continue as the defendant’s representative or is removed from the disciplinary proceeding due to the representative’s conduct or threat to the security of the facility, Department, or community or safety of an inmate, staff, or an individual, the hearing officer shall:

(1) Conclude that the defendant has waived representation; and

(2) Continue the defendant’s disciplinary proceeding with no consideration for a postponement.

N. Defendant Preparation.

(1) The facility is not required to:

(a) Permit the defendant access to the defendant’s representative in preparation for the defendant’s disciplinary proceeding; and

(b) Make special arrangements for the defendant or the defendant’s representative to have access to materials to prepare for the defendant’s case presentation.

(2) The hearing officer may not grant a postponement solely to allow the defendant and the defendant’s representative time to confer concerning the inmate disciplinary process.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.17 Disciplinary Proceeding Procedures — Preliminary Review — Witness Request.

A. The defendant charged with an inmate rule violation or, if designated, the facility representative or facility staff may make a request that an individual appear as a witness to testify during the case presentation phase of the defendant’s disciplinary proceeding.

B. Defendant Request for a Witness.

(1) When served with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form, the defendant is required to list the name of the defendant’s requested witness in the section of the facility’s copy of the Notice of Inmate Disciplinary Hearing form designated for the name of a witness.

(2) The defendant’s failure to list a requested witness by name shall be a waiver of the opportunity to request a witness.

C. A facility representative, if designated, or facility staff shall be responsible for informing the hearing officer of the facility’s witness request during the preliminary review.

D. A hearing officer may request the testimony of a witness at any point in the disciplinary proceeding.

E. During the preliminary review of the defendant’s Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form, the hearing officer shall consider a defendant’s request for a witness.

(1) The hearing officer shall solicit a proffer from the defendant to determine the relevancy of the testimony in relation to the inmate rule violation charged.

(2) Based on the given proffer, a hearing officer shall permit a witness to testify if the witness’ testimony is:

(a) Relevant;

(b) Not repetitive or cumulative to evidence already in the record of the disciplinary proceeding or to the proffered testimony of another witness; and

(c) Not a threat to the security of the facility, Department, or community or safety of an inmate, staff, or an individual.

(3) A witness otherwise allowed under this regulation may be denied if there is reasonable belief that the witness’s testimony would constitute a threat to security of the facility, Department, or community, or safety of an inmate, staff, or other individual.

F. The testimony of a witness may be taken in person, via video conferencing, or via conference call.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.18 Disciplinary Proceeding Procedures — Preliminary and Evidentiary Phases — Confidential Informant Information.

A. An individual providing information regarding the defendant’s inmate rule violation charged may be identified as a confidential informant witness when there is cause to believe that identifying the individual to the defendant is a threat to the security of the facility, Department, or community or safety of an inmate, staff, or an individual.

B. A hearing officer may not reveal the identity of a confidential informant witness.

C. If a hearing officer is provided with testimony, a written statement, or a report referring to information received from a confidential informant witness, the hearing officer:

(1) May not share the testimony or documented statement of the confidential informant witness with a defendant or the defendant’s representative;

(2) May not reveal the identity of the confidential informant witness to the defendant or the defendant’s representative;

(3) May not permit the confidential informant witness to be called as a requested witness at the defendant’s disciplinary proceeding by a defendant, defendant’s representative, if designated, the facility representative, or facility staff; and

(4) May provide to the defendant or defendant’s representative an oral summary of the confidential informant witness’s testimony or documented statement that is not specific in detail so as to identify the confidential informant witness.

D. The facility representative, if applicable, or staff may provide the defendant with a written summary of the confidential informant witness’s testimony or documented statement that is not specific in detail so as to identity the confidential informant witness.

E. The hearing officer shall consider the information provided by the confidential informant witness to determine the credibility and reliability of the information provided.

F. Information provided by a confidential informant witness shall be concluded to be sensitive and maintained in a sealed record for only staff with a need to know to access the information or the identity of the confidential informant witness.

G. The identity of a confidential informant witness or any information that may identify a confidential informant witness, may not be released to any agency that maintains records that are a matter of public record without a court order or authorization from the Office of the Attorney General, Secretary, or a designee.

H. When the hearing officer concludes that an individual identified by staff as a confidential informant witness does not meet the requirements to be classified as a confidential informant witness, the following shall apply:

(1) The hearing officer shall postpone the disciplinary proceeding.

(2) The hearing officer shall inform the facility representative, if designated, or facility staff of the hearing officer’s conclusion.

(3) The facility representative, if designated, or facility staff shall inform the managing official, or a designee, of the hearing officer’s conclusion.

(4) If the managing official, or designee, agrees with the hearing officer, facility staff shall schedule the defendant for an appearance before a hearing officer and reveal the identity of the witness.

(5) If the managing official, or a designee, disagrees with a hearing officer’s conclusion, the managing official, or designee, may appeal the hearing officer’s decision to the Secretary, or a designee.

(6) Upon receipt of the Secretary’s, or a designee’s, decision regarding the appeal under §H(5) of this regulation, the facility representative, if designated, or facility staff shall schedule the defendant for an appearance before a hearing officer and all hearing participants, including the hearing officer, shall abide by the decision of the Secretary, or a designee.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.19 Disciplinary Proceeding Procedures — Preliminary Review — Review of Attachment or Other Evidence Requests.

A. An attachment or other evidence submitted by staff with or independently of the Notice of Inmate Rule Violation form shall be concluded to be evidence regarding the defendant’s inmate rule violation charged.

B. In the interest of security of the facility, Department, or community or safety of an inmate, staff, or an individual, a defendant may be limited in or restricted from examining or possessing an attachment or other evidence.

C. To prevent and avoid accidental, unauthorized, or erroneous release to a defendant, defendant’s representative, or loss or misplacement of evidence, staff shall retain custody of the attachment or other evidence until the defendant’s appearance before the hearing officer.

D. Staff may not provide the defendant with a copy of an attachment or other evidence when the defendant is served with the defendant’s copy of the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form.

E. When the defendant appears before the hearing officer for the preliminary review, the hearing officer, while conducting the preliminary review, shall advise the defendant or defendant’s representative, of an attachment or other evidence that was submitted by the staff in regard to the inmate rule violation charged.

F. If requested by the defendant, or defendant’s representative, the hearing officer shall conduct a review of the attachment or other evidence during the preliminary review to determine if there is cause to believe that the attachment or other evidence is security sensitive and may not be examined or possessed by a defendant or defendant’s representative.

G. If the hearing officer determines an attachment or other evidence is not security sensitive the defendant or defendant’s representative:

(1) May request to review the attachment or other evidence;

(2) Shall comply with the facility’s existing rules or procedures for requesting a copy of an attachment or other evidence; and

(3) May not use a request for a copy of an attachment or other evidence as the basis to request a postponement or a delay in the defendant’s disciplinary proceeding.

H. If the hearing officer determines that an attachment or other evidence submitted is security sensitive or may pose a threat to the security of the facility, Department, or community or safety of an inmate, staff, or an individual if revealed to a defendant or defendant’s representative, the hearing officer:

(1) Shall conclude the attachment or other evidence is a sealed record and not subject to the examination or possession by a defendant or defendant’s representative;

(2) Shall inform the defendant or defendant’s representative that the attachment or other evidence is security sensitive and may not be revealed to the defendant or the defendant representative;

(3) May not disclose to the defendant or defendant’s representative the content of the attachment or other evidence deemed to be security sensitive; and

(4) May verbally provide the defendant or defendant’s representative with a brief summary of the content of an attachment or other evidence as long as the summary does not compromise the content of the evidence identified as security sensitive.

I. If, after reviewing an attachment or other evidence, any hearing participant is not prepared to proceed, the hearing officer may grant a postponement.

J. If the disciplinary proceeding is postponed:

(1) The delay of the defendant’s disciplinary proceeding may not be considered a cause to dismiss the inmate rule violation charged; and

(2) Staff shall reschedule the defendant’s disciplinary proceeding as soon as circumstances permit.

K. Defendant Request for an attachment or other evidence.

(1) When served with a Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form, the defendant is required to list a detailed description of a request for an attachment or other evidence in the appropriate section of the facility’s copy of the Notice of Inmate Disciplinary Hearing form designated for evidence requests.

(2) The defendant’s failure to give a detailed description of the attachment or other evidence requested shall be deemed a waiver of the defendant’s opportunity to make the request.

L. The hearing officer may approve an attachment or other evidence requested by the defendant or defendant’s representative only if the hearing officer finds that the request was made at service and deemed appropriate under this regulation.

(1) The hearing officer may not compel the production of an attachment or other evidence when denied by an entity, staff, or an individual in control of the requested attachment or other evidence that is identified as security sensitive.

(2) The hearing officer shall deny a request for an attachment or other evidence made by the defendant or defendant’s representative that is deemed:

(a) Irrelevant to the merits of the defendant’s disciplinary proceeding;

(b) Cumulative to a factual matter or evidence to be presented or already in the record of the defendant’s disciplinary proceeding; or

(3) The hearing officer may not permit a request for or inspection of an attachment or other evidence that includes, but may not be limited to, a security:

(a) Document not classified for examination by an inmate;

(b) Record not classified for examination by an inmate;

(d) Emergency plan;

(e) Photograph not classified for examination by an inmate;

(f) Video monitoring record;

(g) Property, equipment, item, or device;

(h) Directive not classified for examination by an inmate;

(i) Testing equipment or the testing equipment supplies; or

(j) Confidential statement or notation regarding security sensitive information.

(4) The hearing officer shall deny a request to inspect evidence deemed to be contraband that includes, but may not be limited to:

(a) A tool;

(b) A drug or medication;

(d) A weapon;

(e) A controlled dangerous substance;

(f) A cellular telephone;

(g) Tobacco, or currency; or

(h) Escape or drug paraphernalia.

(5) If the hearing officer determines that an examination of security sensitive or contraband evidence is required, the hearing officer shall conduct the examination outside the presence of the defendant, defendant representative, or any other inmate.

(6) When the hearing officer determines that an examination of a security or video record is required, the hearing officer shall conduct the review outside the presence of the defendant, defendant representative, or any other inmate.

M. Security Sensitive Information Presentation.

(1) When investigating a defendant’s conduct in an event, staff shall determine if a record, report, document, an attachment, or other evidence related to the defendant’s conduct is security sensitive.

(a) To determine if information is security sensitive, staff shall consider if divulging the information establishes a potential threat to the security operations, intelligence gathering, investigation methods and techniques of the facility, Department, or public safety or an individual providing security sensitive information.

(b) If making a determination that information is security sensitive, staff may consider that the information:

(i) Was provided by an inmate, confidential informant witness, or individual whose identity, if revealed, may pose a threat to the safety of that inmate, confidential informant witness, or individual or security of the facility, Department, or community;

(ii) Would reveal the method, technique, or factual details of a security or intelligence investigation;

(iii) Would reveal the method, quality, design, and field of view or coverage by the facility security monitoring equipment or systems;

(iv) Could reveal facility security staffing plans, emergency plans, or operations; or

(v) Was obtained by a law enforcement agency, a State or federal intelligence office or unit, or the Department’s Intelligence and Investigative Division.

(c) In cases where staff have cause to believe that releasing information arising from an investigation of the defendant’s conduct in an event would compromise security operations or intelligence gathering, or investigation methods and techniques of the facility or Department, or the safety of the public or an individual providing information regarding the investigation, staff shall inform the hearing officer that the information is security sensitive and not release the security sensitive information or evidence to the defendant, defendant’s representative, or other inmate.

(2) When the hearing officer concludes that an attachment or evidence is not security sensitive, but facility staff disagrees, the following shall apply:

(a) The hearing officer shall postpone the defendant’s disciplinary proceeding.

(b) The hearing officer shall inform the facility representative, if designated, or facility staff of the hearing officer’s conclusion.

(c) The facility representative, if designated, or facility staff shall inform the managing official, or a designee, of the hearing officer’s conclusion.

(d) If the managing official, or a designee, agrees with the hearing officer that the attachment or evidence is not security sensitive and may be released to the defendant or defendant’s representative, facility staff shall schedule the defendant for a disciplinary proceeding and reveal the attachment or other evidence deemed to be not security sensitive.

(e) If the managing official, or a designee, disagrees with a hearing officer, the managing official, or a designee, may appeal the hearing officer’s decision to the Secretary, or a designee.

(f) Upon receipt of the Secretary’s, or a designee’s, decision regarding the appeal, the facility representative, if designated, or facility staff shall schedule the defendant for a disciplinary proceeding and all hearing participants, including the hearing officer, shall abide by the decision of the Secretary, or a designee.

(3) Presentation of Security Sensitive Information at a Disciplinary Proceeding.

(a) The hearing officer:

(i) May not provide detail regarding investigation methods or techniques used to obtain the security sensitive information, the specific content of security sensitive information, or the source providing the security sensitive information; and

(ii) May summarize the content of the security sensitive information that specifically relates to the inmate rule violation charged as long as that summary does not compromise the security sensitive nature of the factual details of the information being reviewed.

(b) The content and details of information obtained through the facility security video monitoring system may be summarized for the defendant or defendant’s representative; however, the hearing officer may not reveal the specific capabilities or limitations of the facility’s security monitoring system.

(c) The hearing officer may provide the defendant or defendant’s representative with specific content information from a document the defendant authored.

(d) The hearing officer may not provide the defendant or defendant’s representative with information for review that is identified as being a:

(i) Directive not classified for examination by an inmate;

(ii) Policy not classified for examination by an inmate;

(iii) Procedure not classified for examination by an inmate;

(iv) Photographic record not classified for examination by an inmate; or

(v) Material, file, record, or document not classified for inmate examination or by this regulation.

(e) The hearing officer may summarize for the defendant or defendant’s representative security sensitive information deemed relevant to the outcome of the defendant’s disciplinary proceeding as long as that summary does not reveal the specific content of the information under review.

(f) If the hearing officer is presented with security sensitive information obtained from a confidential informant witness during the defendant’s disciplinary proceeding, the hearing officer may not reveal any information that may disclose the identity of the confidential informant witness.

(4) When issuing a written decision that includes security sensitive information, the hearing officer shall summarize for the record the security sensitive information considered in rendering the decision as to the inmate rule violation charged and ensure that the summary does not reveal the specific details of the security sensitive information.

(5) Post Hearing Procedures.

(a) The managing official, or a designee, may review security sensitive information when conducting a review of the hearing officer’s decision as to the inmate rule violation charged.

(b) Staff shall preserve the security sensitive information, by ensuring that the security sensitive information is not included in the defendant’s case record file.

(c) Security sensitive information may not be released to another State agency without a court order or authorization from the Office of the Attorney General, Secretary, or a designee.

N. Security Monitoring Video Record.

(1) If the reported event that is the subject of the inmate rule violation charged was recorded by the facility’s security monitoring system:

(a) The defendant or defendant’s representative is required to request at the time of service that the video record be preserved and made available for the hearing officer to review as part of the defendant’s case presentation and the request made at service is required to be renewed during the preliminary phase of the defendant’s disciplinary proceeding; or

(b) The facility representative, if designated, or facility staff may request during the preliminary phase of the defendant’s disciplinary proceeding that the hearing officer view the video record as part of the facility’s case presentation.

(2) If the video has been preserved and is available for inspection, the hearing officer shall conduct a review, without examination by any inmate, of the requested video recording.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.20 Disciplinary Proceeding Procedures — Preliminary Phase — Defendant Plea.

A. Before concluding the preliminary phase of the defendant’s disciplinary proceeding, the hearing officer shall request a plea from the defendant as to each inmate rule violation charged.

B. The Plea.

(1) When entering a plea for each inmate rule violation charged, the defendant may enter only one of the following for each inmate rule violation charged:

(a) Guilty;

(b) Not Guilty;

(d) No plea.

(2) Guilty Plea. If the defendant enters a guilty plea to the inmate rule violation charged, the hearing officer, before accepting the guilty plea, shall determine the defendant understands that the guilty plea is:

(a) A waiver by the defendant of the inmate disciplinary process and appeal rights;

(b) An admission by the defendant that the defendant committed the inmate rule violation charged; and

(3) If the hearing officer accepts the plea of guilty, the hearing officer shall proceed to the sanction phase of the defendant’s disciplinary proceeding.

(4) Once the hearing officer accepts the guilty plea, the defendant is considered to:

(a) Waive a claim that there was a delay, an error, or a denial of a time or procedural requirement applicable to the inmate disciplinary process;

(b) Admit to committing the inmate rule violation charged;

(c) Waive a claim that there was a due process or statutory requirement violation applicable to the inmate disciplinary process;

(d) Waive a claim of an evidentiary error; and

(e) Waive a claim that the conviction is not supported by substantial evidence.

(5) The hearing officer upon accepting the defendant’s guilty plea to an inmate rule violation charged shall determine the sanction, period of the sanction, and effective date of the sanction to impose.

(6) If the hearing officer does not accept the guilty plea, the hearing officer shall proceed with the case presentation phase of the defendant’s disciplinary proceeding.

(7) Not Guilty Plea. If the defendant enters a not guilty plea for an inmate rule violation charged, the hearing officer shall:

(a) Conclude the defendant denies committing the inmate rule violation charged;

(b) Enter the not guilty plea in the written and audio records of the defendant’s disciplinary proceeding; and

(8) Not Competent. If the defendant enters a plea of Not Competent, the hearing officer or facility representative, if designated, or facility staff shall postpone the case, if necessary, and contact the facility’s mental health staff and request that staff determine whether the defendant is competent to participate in the disciplinary proceeding and whether the defendant was competent to understand and control the alleged behavior at the time of the offense.

(9) No Plea. If the defendant does not enter a plea to an inmate rule violation charged, the hearing officer shall enter a Not Guilty plea on behalf of the defendant and proceed in accordance with §B(7) of this regulation.

C. Plea Agreement.

(1) The hearing officer or facility representative, if designated, or facility staff and the defendant, or defendant’s representative may enter into a plea agreement to resolve the inmate rule violation charged.

(2) The use of a plea agreement is discretionary and voluntary, and the plea agreement is not required to be offered or accepted by the hearing officer, staff, or defendant.

(3) The use of a plea agreement permits the facility representative, if designated, facility staff, shift supervisor or shift commander, hearing officer, or the defendant or defendant’s representative to propose a plea agreement to resolve the inmate rule violation charged that shall include:

(a) A guilty plea or acceptance of an informal resolution by the defendant to one or more of the inmate rule violations charged; and

(b) The sanction, period of the sanction, and effective date of the sanction applicable to the inmate rule violation found guilty or disposed of informally.

(4) The facility representative, if designated, facility staff, shift supervisor or shift commander, or hearing officer is not obligated to offer a plea agreement to or consider a proposed plea agreement by the defendant or defendant’s representative.

(5) The hearing officer is not obligated to accept all or part of the proposed plea agreement including the defendant’s guilty plea, sanction, or period of sanction to be imposed for the inmate rule violation charged.

(a) The hearing officer is not obligated to accept the sanction recommended; and

(b) The hearing officer may accept the guilty plea, but increase the period of the sanction recommended and add additional sanctions.

(6) A plea agreement may be offered at any time before or during the preliminary hearing or before or during the case presentation portion of the disciplinary proceeding.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.21 Pre-Disciplinary Proceeding Procedures — Case Presentation.

A. The defendant or the defendant’s representative or the facility representative, if designated, or facility staff may present evidence and argument as part of the presenting party’s case presentation during the evidentiary phase of the defendant’s disciplinary proceeding.

(1) The defendant’s refusal or failure to appear before the hearing officer or the defendant’s removal from the defendant’s disciplinary proceeding shall be considered a waiver of the defendant’s opportunity to make a case presentation during the evidentiary phase of the defendant’s disciplinary proceeding.

(2) The defendant or the defendant’s representative or the facility representative and not the hearing officer, are responsible for presenting evidence requested by the defendant or the defendant’s representative or the facility representative or call approved witnesses as part of the presenting party’s case presentation during the evidentiary phase of the defendant’s disciplinary proceeding.

(3) If the defendant or the defendant’s representative or the facility representative, if designated, or facility staff do not present the requested evidence or call an approved witness during the presenting party’s case presentation prior to the hearing officer closing the evidentiary record of the defendant’s disciplinary proceeding, the opportunity to present evidence or call the witness is considered to be waived.

B. The facility representative may make an evidentiary case presentation on behalf of the facility as part of a defendant’s disciplinary proceeding for an inmate rule violation charged for consideration by the hearing officer.

C. If a facility representative was not designated, the hearing officer shall consider the report found in the defendant’s Notice of Inmate Rule Violation form, an attachment, or other evidence that may have been submitted by staff as to the inmate rule violation charged as the facility’s evidentiary case presentation.

D. The defendant’s representative or, in the absence of a representative, the defendant, may elect to make an evidentiary case presentation in response to the inmate rule violation charged for consideration by the hearing officer.

E. Testimony.

(1) Testimony of a witness permitted by the hearing officer shall be under an oath administered by the hearing officer.

(2) Before a permitted witness testifies, the hearing officer shall use the following oath to swear in the witness at the defendant’s disciplinary proceeding: “Do you solemnly swear or affirm under the penalties of perjury that the testimony you are about to give at this disciplinary proceeding shall be the truth, the whole truth, and nothing but the truth?”

(3) The witness is required to provide an affirmative response to the oath before the witness begins to testify.

(4) The hearing officer may limit the scope of testimony presented by or questioning of a requested witness:

(a) If it is determined that the testimony may pose a risk to the security of the facility, Department, or community or safety of an inmate, staff, or an individual; or

(b) If the testimony by or questioning of the requested witness is:

(i) Irrelevant to the merits of the defendant’s disciplinary proceeding; or

(ii) Cumulative to a factual matter or evidence already in the record of the defendant’s disciplinary proceeding.

(5) A hearing officer may elect to call a witness or view evidence not requested by either hearing participant in order to clarify:

(a) Evidence presented;

(b) A fact in evidence; or

(6) A witness may not be compelled by the hearing officer to make an appearance, testify, or answer a question asked.

(7) If the witness refuses to appear, testify, or answer a question asked, the hearing officer may not dismiss the rule violation charged due to the failure of the witness to appear, testify, or answer a question asked.

(8) If the witness who has refused or failed to testify is a staff member, the hearing officer may, but is not required to, draw a negative inference from the refusal to testify.

(9) The facility representative, the defendant and the hearing officer may question a witness giving testimony except that if the defendant has a representative, only the representative, and not the defendant, may question a witness giving testimony.

F. Inmate Medical Information Presentation.

(1) A defendant’s request for the defendant’s own medical records as evidence shall be concluded to be the defendant’s authorization for staff to obtain and disseminate the medical record requested by the defendant and to include that medical record in the case record.

(2) The failure of the defendant to list the requested defendant medical record as an evidence request at service of the Notice of Inmate Rule Violation form and Notice of Disciplinary Hearing form shall be concluded to be a waiver of the opportunity to request the medical record.

(3) A defendant may not review another inmate’s medical record.

(4) Upon the making of a proffer by the defendant that another inmate’s medical record would contain relevant and non-cumulative evidence, the hearing officer may view the evidence in camera without releasing the information to the defendant.

(5) Upon approval of the managing official, a staff member shall have access to an inmate’s medical record if the record contains evidence that is relevant to the case, and disclosure of the medical record to the staff member is necessary for an investigation or a disciplinary proceeding.

(6) The hearing officer may:

(a) By email or conference call, request facility medical unit staff to provide inmate medical information deemed relevant and necessary by the hearing officer for the purposes of the defendant’s disciplinary proceeding; and

(b) Review an inmate medical record if the hearing officer determines that review of a medical record is necessary for the disposition of the inmate rule violation charged regardless of whether the inmate who is the subject of the medical record has signed a written release of the inmate’s medical information.

G. The hearing officer may:

(1) Prior to rendering a decision as to the inmate rule violation charged, consider if the defendant has a disciplinary conviction history for each inmate rule violation charged; and

(2) Consider the disciplinary conviction history in determining whether the defendant committed the inmate rule violation charged; but

(3) May not render a decision as to the defendant’s inmate rule violation charged based solely on the defendant’s disciplinary conviction history or the lack thereof.

H. Prior to closing the record, the hearing officer may consider any information available to the hearing officer in an official database maintained or used by the Department such as, but may not be limited to:

(1) The Offender Based State Correctional Information System (OBSCIS);

(2) Offender Case Management System (OCMS);

(3) Criminal Justice Information System (CJIS);

(4) Any telecommunication provider to the Department;

(5) The SafetyNet including the Department’s policies and procedures;

(6) Any inmate’s electronic case file or hard copy base file; or

(7) Department memoranda, regulations, directives, notices, or bulletins.

I. The hearing officer is permitted to take official or administrative notice of facts without the benefit of adversarial presentation of evidence.

(1) The hearing officer shall advise the parties of the findings of fact of which the hearing officer has taken official or administrative notice.

(2) The hearing participants shall be given an opportunity to rebut, through argument, any relevant facts that the hearing officer would otherwise presume to exist under the doctrine of official or administrative notice.

J. The defendant’s representative or, in the absence of a representative, the defendant and the facility representative may raise objections.

(1) When considering an objection, the hearing officer may:

(a) Allow the opposing party the opportunity to comment on the merits of the objection raised; and

(b) Consider the merits of the objection.

(2) The hearing officer shall inform all parties of the hearing officer’s decision to sustain or overrule the objection raised.

K. Facility Case Presentation.

(1) The facility bears the burden to prove that it is more likely than not that the defendant committed the inmate rule violation charged.

(2) The facility’s case presentation as to the inmate rule violation charged may include, but may not be limited to:

(a) Argument on the merits of evidence that may be or was presented at the defendant’s disciplinary proceeding for the inmate rule violation charged;

(b) Presentation of evidence;

(d) Calling or questioning a witness.

(3) If designated, the facility representative shall:

(a) Make the case presentation for the facility; and

(b) Include in the facility’s case presentation:

(i) The event report found in the Notice of Inmate Rule Violation form; and

(ii) If applicable, an attachment or other evidence submitted by staff regarding the inmate rule violation charged.

(4) In the absence of the facility representative, the hearing officer shall accept as the facility’s case presentation:

(a) The report found in the defendant’s Notice of Inmate Rule Violation form; and

(b) If applicable, an attachment or other evidence submitted by staff regarding the inmate rule violation charged.

(5) The facility, and not the hearing officer, has the burden of presenting evidence or calling a permitted witness as part of the facility’s case presentation prior to the hearing officer closing the evidentiary record.

(6) The failure of the facility to present requested evidence or call a permitted witness prior to the hearing officer closing the evidentiary record shall be concluded to be a waiver of the opportunity to present the requested evidence or call a witness.

(7) The failure of the facility representative to question a witness at the time the witness is called or after giving testimony, prior to the witness being excused, shall be concluded to be a waiver of the opportunity to question that witness.

L. Defendant Case Presentation.

(1) The defendant may make an evidentiary case presentation in accordance with this regulation.

(2) The defendant is not obligated to make an evidentiary case presentation; and

(3) The failure of the defendant to make an evidentiary case presentation may not be considered as an adverse inference toward the defendant or concluded to be an admission of guilt.

(4) If the defendant has designated a representative, only the representative may question witnesses and make arguments.

(5) The defendant’s evidentiary case presentation may include:

(a) Argument on the evidentiary merits of evidence that was presented by the facility or on the inmate rule violation charged;

(b) Presentation of evidence;

(d) Presenting witness testimony.

(6) The defendant is not obligated to testify as part of the defendant’s evidentiary case presentation.

(7) If the defendant testifies as part of the defendant’s evidentiary case presentation and is questioned by the hearing officer or the facility representative, the defendant is obligated to and shall respond to the question asked.

(8) The hearing officer may draw an adverse inference to the defendant’s evidentiary case presentation if the defendant, after giving testimony:

(a) Refuses or fails to answer a question asked; or

(b) Evades answering a question asked.

(9) The defendant, and not the hearing officer, has the burden of presenting requested evidence or calling a requested and permitted witness as part of the defendant’s case presentation prior to the hearing officer closing the evidentiary record.

(10) The failure of the defendant to present requested evidence or call a requested witness during the defendant’s case presentation prior to the hearing officer closing the evidentiary record shall be concluded to be a waiver of the opportunity to present the requested evidence or call a requested witness.

(11) The failure of the defendant to question a witness at the time the witness is called or after giving testimony prior to the witness being excused shall be concluded to be a waiver of the defendant’s opportunity to question the witness.

M. Non-Staff Witness Request.

(1) The appearance of an individual as the requested witness, who is not identified as staff, is voluntary and that individual may not be compelled to:

(a) Appear;

(b) Give testimony; or

(2) A requested non-staff witness may not be permitted if the individual requires a staff escort or transportation by vehicle to the location of the defendant’s disciplinary proceeding.

(3) A requested non-staff witness may be permitted to testify, at the discretion of the hearing officer, by telephone conference call.

N. Staff Witness Request.

(1) When approved by the hearing officer, staff is required to appear, testify, and respond directly to questions asked by the defendant or defendant’s representative, the facility representative, or the hearing officer.

(2) The hearing officer may direct staff not to answer a question and may direct a hearing participant to ask a different question if the hearing officer determines the question asked is:

(a) Irrelevant;

(b) Cumulative or repetitive; or

(3) If the staff witness requests the opportunity to review a report or other evidence prior to or after being asked a question, the hearing officer shall permit staff the opportunity to review the Notice of Inmate Rule Violation form or Notice of Inmate Disciplinary Hearing form, a report, an attachment, or other evidence prior to answering a question.

(4) If staff refuse or fail to make an appearance, testify, or answer a question asked, the hearing officer may:

(a) Conclude that the witness willfully elected not to appear, testify, or answer the question asked; and

(b) Draw an adverse inference to the facility’s case presentation as to the inmate rule violation charged.

O. Security Sensitive Testimony. If testimony of a requested witness is determined to be security sensitive, the hearing officer, in order to preserve the security and safety of the witness:

(1) May take testimony from the witness in-person or by telephone conference call without the defendant, defendant’s representative, or facility representative present;

(2) May, if safety and security permit, provide the defendant, the defendant’s representative, or the facility representative with a general summary of the security sensitive testimony taken from the witness, but may not provide factually detailed content of the testimony deemed security sensitive; and

(3) May, if safety and security require, only advise the defendant, the defendant’s representative, or the facility representative that, for the purposes of the record of the defendant’s disciplinary proceeding, the testimony is security sensitive and may not be revealed.

P. Telephone Conference Call — Witness Testimony.

(1) The hearing officer may elect, for convenience of the witness or hearing participants, or to ensure that the hearing is held in a timely manner, to use a telephone conference call to take testimony from a requested witness.

(2) The hearing officer shall, prior to the giving of testimony, advise the individual testifying that the testimony is audio recorded.

Q. Rebuttal Presentation and Closing Argument.

(1) The hearing officer, at the conclusion of the defendant’s case presentation, shall provide the facility representative the opportunity to rebut the evidentiary case presentation of the defendant by presenting additional evidence and calling a witness.

(2) The hearing officer may provide the defendant and the facility representative the opportunity to make a closing argument.

R. If the defendant waived the defendant’s disciplinary proceeding, the hearing officer shall conclude that the defendant waived the opportunity to make an evidentiary case presentation.

S. Prior to closing the evidentiary record, the hearing officer shall inquire of both the defendant or defendant’s representative and the facility representative whether the case presentation of both parties has concluded.

T. At the conclusion of the case presentation by both the defendant or defendant’s representative and the facility representative, the hearing officer shall advise the hearing participants that the evidentiary record of the defendant’s disciplinary proceeding is closed.

U. If the hearing officer determines there is no other matter to be considered, that has not already been presented or addressed, the hearing officer may close the evidentiary record and proceed to the fact finding and decision phase of the defendant’s disciplinary proceeding without the consent of the parties.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.22 Disciplinary Proceeding Procedures — Fact Finding and Decision Phase — Rendering the Decision.

A. After closing the case presentation portion of the defendant’s disciplinary proceeding, the hearing officer shall weigh and consider the evidence presented during the defendant’s disciplinary proceeding and:

(1) Determine from the evidence presented, which evidence is credible and reliable;

(2) Determine from the credible and reliable evidence the findings of fact as to the inmate rule violation charged; and

(3) Render a decision as to whether the defendant did or did not commit the inmate rule violation charged based on the findings of fact.

B. When rendering the decision as to the inmate rule violation charged, the hearing officer shall decide if the evidence determined to be credible and reliable:

(1) Proves more likely than not that the defendant did commit the inmate rule violation charged, in which case the hearing officer shall enter a guilty decision for the inmate rule violation charged; or

(2) Does not prove more likely than not that the defendant committed the inmate rule violation charged, in which case the hearing officer shall enter a not guilty decision for the inmate rule violation charged.

C. When entering the decision, the hearing officer shall:

(1) Enter the applicable decision for each inmate rule violation charged; and

(2) Inform the defendant or defendant’s representative and the facility representative of the decision for each inmate rule violation charged.

D. When the hearing officer finds that a report submitted as evidence during the disciplinary proceeding is factually credible and reliable, the report may be the sole basis for the hearing officer to render the disposition of an inmate rule violation charged.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.23 Disciplinary Proceeding Procedures — Sanction Phase — Imposing a Sanction.

A. If the hearing officer renders a decision that the defendant is guilty of the inmate rule violation charged, the hearing officer shall permit the defendant or defendant’s representative and the facility representative the opportunity to present arguments on the possible sanction or sanctions for the inmate rule violation for which the defendant was found guilty (If the defendant is represented, the representative, and not the defendant, shall present the argument for or against sanctions).

B. The hearing officer shall inform the defendant or defendant’s representative and the facility representative of the:

(1) Sanction imposed; and

(2) Period and effective date of the sanction imposed.

C. A sanction imposed becomes effective on the date determined by the hearing officer.

D. A sanction may include:

(1) Disciplinary segregation housing;

(2) Cell or bunk restriction;

(3) Revocation of earned good conduct or special project credits, or both, that may:

(a) Be applied to a sentenced inmate; and

(b) Except as provided in Regulation .25 of this chapter, be applied to a non-sentenced defendant later sentenced regardless of when the conduct underlying the inmate rule violation charged occurred or when the sanction was imposed.

(4) Suspension of an inmate privilege established by the Department or facility;

(5) Restitution;

(6) Reprimand; or

(7) Sanitation assignment.

E. The hearing officer when imposing a sanction or the period of the sanction may consider either aggravating or mitigating factors associated with the inmate rule violation resulting in a guilty finding or informal disposition to either enhance or reduce the severity of the sanction and or period of the sanction.

F. The hearing officer prior to imposing a sanction and period of the sanction shall weigh and consider the defendant’s inmate rule violation history as documented by the defendant’s case record covering the current term of confinement.

G. A sanction being served by a defendant shall be suspended and subsequently resumed at the time when the defendant:

(1) Was temporarily out of custody due to an escape, erroneous release, or medical or mental health admission and is later returned to the custody of a Department correctional facility; or

(2) Is under the custody and supervision of another jurisdiction or agency due to security reasons, on a detainer, or writ, and is later returned to the custody of the Department.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.24 Determination of Defendant’s Adjustment History — Credits and Segregation.

A. When imposing the sanction of revocation of credits and disciplinary segregation, the hearing officer shall determine the appropriate sanction by using the defendant’s adjustment history.

B. If a defendant is found guilty of the inmate rule violation charged, the hearing officer shall:

(1) Review the Adjustment History Sentencing Matrix, established under Regulation .27 of this chapter;

(2) Identify the category of the inmate rule violation of which the defendant was found guilty;

(3) Determine by a database maintained by the Department or the defendant’s case record the defendant’s adjustment history;

(4) Plot the credits that may be revoked or the days of segregation that may be imposed based on the intersection of the category of the inmate rule violation of which the defendant was found guilty and the defendant’s adjustment history; and

(5) Determine if the sanction for revoking credits and the number of days of disciplinary segregation is recommended or mandatory.

C. Plotted Sanction Cell.

(1) The plotted sanction may be stated as either a:

(a) Specific number of credits or days; or

(b) Range with the minimum to maximum number of credits or days that may be imposed.

(2) Except for provisions under §E of this regulation, only sanctions stated in the Adjust History Sentencing Matrix for revoking credits or assigning segregation are to be imposed.

D. Adjustment History. The Adjustment History Sentencing Matrices categorize an inmate’s adjustment history and identify the approved range of imposable discipline based on previous inmate rule violations as follows:

(1) If the current inmate rule violation is the first guilty finding on record in any category of inmate rule violation under any incarceration then the imposed discipline shall be for a “First Offense”;

(2) If the current inmate rule violation is the second guilty finding on record in the instant offense category of inmate rule violation, and occurs within 9 months or less from the guilty finding for a “First Offense” in the same instant category of inmate rule violation, then the imposed discipline shall be for a “Second Offense”;

(3) If the current inmate rule violation is the third or greater guilty finding on record in the instant category of inmate rule violation, and occurs less than 2 years from the guilty finding for a “Second Offense” or subsequent offense in the same instant category of inmate rule violation, then the imposed discipline shall be for a “Third Offense+”; and

(4) Any guilty finding occurring 2 or more years after a guilty finding in the same instant category of inmate rule violation may not be considered when imposing discipline or sanctions.

E. Overriding an Adjustment History Matrices Sanction.

(1) If the hearing officer disagrees with the sanction plotted using the Adjustment History Sentencing Matrix, the hearing officer may override the adjustment history level of the defendant to another level (First, Second or Third Offense).

(2) An override under this regulation may be for the purpose of reducing the severity of the sanction determined by the Adjustment History Sentencing Matrices due to a mitigating factor, whereby the hearing officer may:

(a) Waive the adjustment history level as determined by the Adjustment History Sentencing Matrix; and

(b) Select an alternative adjustment history level from the Adjustment History Sentencing Matrix.

(3) An override to reduce the severity of a sanction may be based on one or more of the following mitigating factors:

(a) No prior guilty finding for the current inmate rule violation;

(b) The period of time since the last conviction on record;

(d) The defendant’s mental health status at the time the inmate rule violation occurred;

(e) The need for progressive discipline; or

(f) The defendant’s acceptance of responsibility for the current inmate rule violation for which the defendant was found guilty.

(4) The hearing officer may not override an Adjustment History Sentencing Matrices sanction stated in a sanction cell by suspending the sanction and imposing a period of probation.

(5) If employing an override under this regulation, the hearing officer shall identify in the written and audio record of the defendant’s disciplinary proceeding the mitigating factor used to reduce the sanction.

F. A sanction once imposed may not be affected by a later modification of the defendant’s disciplinary adjustment history record.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.25 Adjustment History Sentencing Matrix — Revocation of Credits.

A. Earned credits may only be revoked as a sanction imposed for an inmate rule violation of which the defendant was found guilty.

B. If sanctioning authorized under this regulation permits revoking diminution credits and the inmate rule violation occurred while the defendant was confined in a Department correctional facility in pre-sentence status, the hearing officer may:

(1) Revoke diminution credits awarded for good conduct during the month that the inmate rule violation occurred;

(2) Revoke diminution credits awarded for good conduct in addition to the credits awarded during the month that the inmate rule violation occurred, if the hearing officer determines that an aggravating factor warrants the revocation of additional credits; and

(3) Not revoke diminution credits earned for participation in special projects or work assignments.

C. The hearing officer, in accordance with §B of this regulation, shall revoke earned credits as a sanction in accordance with the Adjustment History Sentencing Matrix, as established under Regulation .27 of this chapter for all Category IA, IB, and II inmate rule violations.

D. The hearing officer, in accordance with §B of this regulation, may

(1) Revoke earned credits as a sanction in accordance with the Adjustment History Sentencing Matrix, established under Regulation .27 of this chapter for Category III, IV, or V violations;

(2) Impose an alternative sanction established under Regulation .28 of this chapter; or

(3) Impose as a sanction a combination of revoking credits and alternative sanctions.

E. If a defendant is found guilty of multiple inmate rule violation charges involving more than one category of inmate rule violations that occurred during a single reported event, the hearing officer shall, if the inmate rule violations charged result in guilty findings:

(1) Include a Category II Inmate Rule Violation, revoke all available earned credits; or

(2) Do not include a Category II Inmate Rule Violation, only revoke the number of earned credits based on the one inmate rule violation resulting in a guilty finding that is from the most severe category of the inmate rule violations.

F. Except for provisions under §B of this regulation, if a defendant’s good conduct credit balance is insufficient to cover the number of earned credits revoked imposed as the sanction, the deduction for the negative balance of earned credits due shall be applied by staff, in whole or in part, against the balance of the defendant’s special project credits on record.

G. Revocation of earned credits may be imposed independently of or in conjunction with:

(1) Disciplinary segregation; or

(2) Alternative disciplinary sanctions.

Cross References

12.03.01.23D(3)(b)

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.26 Adjustment History Sentencing Matrices — Imposing Disciplinary Segregation.

A. Disciplinary Segregation Sanction.

(1) The hearing officer shall indicate the effective date for the disciplinary segregation sanction imposed.

(2) If the defendant is on administrative segregation pending the outcome of the defendant’s disciplinary proceeding or was on administrative segregation pending investigation of the event that is the basis of the inmate rule violation charged for which the defendant was found guilty, the defendant shall be credited for the period served on administrative segregation from the date of placement only toward:

(a) Cell restriction; or

(b) Disciplinary segregation if imposed as a sanction.

(3) If the defendant was not on segregation prior to the defendant’s disciplinary proceeding, the effective date for the disciplinary segregation sanction imposed shall be the same date of the defendant’s disciplinary proceeding and begin immediately.

(4) Disciplinary segregation sanctions may not be imposed consecutively.

B. Disciplinary segregation may be imposed independently of or in conjunction with:

(1) Revocation of earned credits; or

(2) Alternative disciplinary sanctions.

C. The discipline of inmates housed in a Department correctional facility pursuant to an agreement with an agency of the federal government shall be governed by this Chapter, consistent with the Federal Performance-Based Detention Standards issued by the United States Department of Justice.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.27 Adjustment History Sentencing Matrices.

| Category of Inmate Rule Violation | Matrix for Imposition of Segregation Sentence | | | | --- | --- | --- | --- | | | First Offense | Second Offense | Third Offense + | | IA | 0 — 60 | 0 — 90 | 0 — 180 | | IB | 0 — 30 | 0 — 60 | 0 — 90 | | II | 0 | 0 | 0 | | III | 0 — 15 | 0 — 30 | 0 — 60 | | IV | 0 | 0 | 0 | | V | 0 | 0 | 0 |

| Category of Inmate Rule Violation | Matrix for Imposition of Credit Revocation for Sentenced Inmates | | | | --- | --- | --- | --- | | | First Offense | Second Offense | Third Offense + | | IA | 60 — 90 | 90 — 180 | 180 — 365 | | IB | 30 — 60 | 60 — 90 | 90 — 180 | | II | All | All | All | | III | 0 — 15 | 15 — 30 | 30 — 60 | | IV | 0 — 5 | 5 — 15 | 15 — 30 | | V | 0 | 0 | 0 |

| Category of Inmate Rule Violation | Matrix for Imposition of Segregation Sentence for Inmates Less Than 18 Years of Age | | | | --- | --- | --- | --- | | | First Offense | Second Offense | Third Offense + | | IA | 0 — 20 | 0 — 30 | 0 — 40 | | IB | 0 — 10 | 0 — 15 | 0 — 20 | | II | 0 | 0 | 0 | | III | 0 — 5 | 0 — 7 | 0 — 10 | | IV | 0 | 0 | 0 | | V | 0 | 0 | 0 |

Cross References

12.03.01.24B(1)

12.03.01.25C

12.03.01.25D(1)

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.28 Alternative Disciplinary Sanctions and Informal Disposition Sanctions.

A. Privilege Suspension.

(1) Suspension of a defendant’s Department or facility inmate privileges may be imposed as a sanction for an inmate rule violation of which the defendant was found guilty or as part of an offer of informal disposition.

(2) Suspension of Department or facility inmate privileges is based on the judgment of the hearing officer or staff offering the informal disposition.

(3) The hearing officer or staff may suspend a defendant’s Department or facility inmate privileges as a sanction for the period specified under this regulation.

(4) Staff may:

(a) Only impose a sanction as part of an informal disposition agreed to by the defendant; and

(b) Not impose a sanction while the defendant is pending a disciplinary proceeding.

(5) A defendant may be placed on administrative segregation pending a disciplinary proceeding for safety or security reasons.

B. Informal Disposition or Alternative Disciplinary Sanctions.

(1) An informal disposition sanction or alternative disciplinary sanction is separate and distinct from the revoking of earned credits and disciplinary segregation as a sanction.

(2) The hearing officer or staff when offering a defendant an informal disposition shall include a sanction from the sanctions listed under §C of this regulation.

(3) The hearing officer may impose an alternative disciplinary sanction listed under §D of this regulation for the defendant’s inmate rule violation resulting in a guilty finding.

(4) An alternative disciplinary sanction may be imposed independently of or in conjunction with:

(a) Another alternative disciplinary sanction;

(b) Revoking earned credits; or

C. Informal Disposition Sanctions. The following may be imposed as a sanction under an informal disposition:

(1) Reprimand;

(2) Sanitation assignment for a specific period up to but not to exceed 15 calendar days;

(3) Restitution;

(4) Suspension of any of the following privileges:

(a) Radio, compact disc or tape player, digital music player, video game player, television, telephone, or commissary, privileges excluding personal hygiene and legal correspondence items, for a specified period up to but not to exceed 30 calendar days;

(b) Catalog privileges for a specified period up to but not to exceed 180 calendar days;

(d) A specified Department or facility inmate privilege not included in this regulation for a specified period up to but not to exceed 30 calendar days; or

(5) Cell restriction for a specified period up to but not to exceed 15 calendar days.

D. The following may be imposed as a sanction under an alternative disciplinary sanction:

(1) Reprimand;

(2) Sanitation assignment for a specified period up to but not to exceed 30 calendar days;

(3) Restitution;

(4) Suspension of any of the following privileges:

(a) Radio, compact disc or tape player, television, telephone, or commissary, excluding personal hygiene and legal correspondence items, privileges for a specified period up to but not to exceed 60 calendar days;

(b) Catalog privileges for a specified period up to but not to exceed 365 calendar days;

(d) A Department or facility privilege not included in this regulation for a specified period up to 60 calendar days;

(5) Cell restriction for a specified period up to but not to exceed 30 calendar days; or

(6) Restriction of visitation privilege, except for legal and clergy visitation, to immediate family members for a specified period of up to 180 calendar days.

E. Cell restriction under this regulation:

(1) Shall include a requirement that the defendant is restricted to a designated location and prohibited from participation in all Department or facility inmate privileges and activities to include recreation and commissary; but

(2) May not prohibit the defendant from participation in:

(a) Work, program, or school assignments;

(b) Meals as scheduled by the facility;

(d) Visitation periods as scheduled and permitted by the facility’s rules;

(e) Facility passes as scheduled and permitted by facility staff;

(f) A religious service as scheduled and permitted by the facility’s rules;

(g) Case management, medical, or psychological appointments as scheduled and permitted by facility staff; and

(h) Commissary purchases of personal hygiene and legal correspondence items permitted by the facility’s rules.

(3) Cell restriction and segregation may not be served or imposed consecutively.

Cross References

12.03.01.25D(2)

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.29 Disciplinary Proceeding Procedures — Post Disciplinary Proceeding Phase — The Hearing Officer’s Decision and Case Record.

A. Hearing Officer’s Decision.

(1) The hearing officer, at the conclusion of a defendant’s disciplinary proceeding shall prepare a written decision documenting the decision rendered.

(2) The hearing officer’s written decision regarding the defendant’s disciplinary proceeding shall include:

(a) Preliminary matters raised by hearing participants during the preliminary hearing;

(b) A summary of the evidence and testimony presented during the case presentation by the defendant, if applicable the defendant’s representative, if applicable facility representative, or facility staff;

(d) The findings of fact made by the hearing officer;

(e) The disposition of each inmate rule violation charged;

(f) The sanction and period of the sanction imposed for each inmate rule violation resulting in a guilty finding; and

(g) If applicable, documentation for the informal resolution accepted by the defendant.

B. Service of the Decision. Upon receipt of the hearing officer’s written decision, facility staff shall serve the defendant with a copy of the hearing officer’s decision within 3 business days following the date of the hearing officer’s decision.

C. The facility representative, if designated, or designated facility staff shall follow the process established by the managing official, or a designee, for the defendant’s housing facility for distribution of the hearing officer’s decision that includes:

(1) Advising appropriate staff of the hearing officer’s decision and sanctions, if applicable; and

(2) Returning documents, records, and physical evidence regarding the defendant’s concluded disciplinary proceeding to the designated file or storage location.

D. Inmate Case Record.

(1) Staff shall be responsible for maintaining and documenting a case record of the defendant’s disciplinary history.

(2) The defendant’s case record shall include the following information:

(a) A guilty decision;

(b) A not guilty decision;

(d) An informal resolution;

(e) A dismissal of the inmate rule violation charged;

(f) The facility’s copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form;

(g) The written record of the disciplinary proceeding; and

(h) An attachment or other evidence that was considered at the disciplinary proceeding, except if the items are determined to be security sensitive or confidential as provided in this chapter.

(3) Except for security sensitive information, and subject to Correctional Services Article, §3-602, Annotated Code of Maryland, a defendant’s case record may be reviewed by:

(a) Facility staff or Department staff;

(b) The Department Intelligence and Investigative Division;

(d) An attorney or an individual authorized in writing by the defendant;

(e) Staff of the Parole Commission or the Division of Parole and Probation;

(f) An individual or agency authorized by the Secretary, or a designee, or statute or as otherwise provided by law;

(g) Staff of the Office of the Attorney General;

(h) Staff of the Inmate Grievance Office;

(i) Staff of the Office of Administrative Hearings; and

(j) Staff of a State’s Attorney’s Office.

(4) Security sensitive information may only be released with authorization from the Secretary, or a designee, to:

(a) Department staff on a need to know basis;

(b) The Department’s Intelligence and Investigative Division;

(d) An individual or agency authorized by the Secretary, or a designee, or as otherwise provided by law;

(e) Staff of a State’s Attorney’s Office; and

(f) Staff of the Office of the Attorney General.

(5) Staff shall ensure that the defendant’s case record is maintained under the requirements of the Correctional Services Article for the retention of inmate case record information.

E. Audio Record.

(1) The audio recording of the defendant’s disciplinary proceeding is a record of the Department that is for the:

(a) Internal operations and administrative functions of the Department; and

(b) Administration and management of the Department’s business.

(2) An audio record may not be considered a right, interest, benefit, or an entitlement for the defendant.

(3) Staff shall ensure that the audio record of a defendant’s disciplinary proceeding is maintained under the requirements of the Correctional Services Article for the retention of inmate case record information.

(4) A copy of an audio record may be requested and provided as required under COMAR 12.11.02 Public Information Requests, but will only be released if permitted under Correctional Services Article, §3-602, Annotated Code of Maryland.

(5) An audio recording is not considered to be part of the administrative record of a disciplinary proceeding that is forwarded to the Inmate Grievance Office or the Office of Administrative Hearings in an inmate grievance.

(6) A fee in the amount of $5 for the cost of copying an audio record shall be charged to the interested party requesting a copy of an audio recording of a disciplinary proceeding.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.30 Disciplinary Proceeding Procedures — Post Disciplinary Proceeding Phase — Appeal of the Hearing Officer’s Decision or Sanction.

A. Appeal by the Defendant.

(1) A defendant may only appeal the:

(a) Sufficiency of the evidence presented as part of the defendant’s disciplinary proceeding;

(b) Interpretation of the law, rules, policy, procedures, or regulations applicable to the defendant’s disciplinary proceeding; or

(2) A defendant shall file an appeal in writing with the managing official of the facility where the defendant is housed within 15 calendar days of the date the defendant received the hearing officer’s decision.

(3) If the defendant fails to file a written appeal with the managing official or the managing official does not receive the defendant’s appeal within the 15 calendar days of the date of the hearing officer’s decision, the defendant is:

(a) Considered to have waived the opportunity to appeal under this regulation; and

(b) Not considered to have exhausted administrative remedies available to the defendant.

(4) If the defendant is transferred to another facility other than the facility where the defendant’s disciplinary proceeding occurred within the 15 calendar days, the defendant may file the appeal with the managing official of either facility.

(5) The managing official of the sending facility shall forward the appeal to the facility that receives the defendant.

(6) The defendant shall give notice of the transfer and appeal to the managing official of the receiving facility.

B. Appeal by the Facility.

(1) If designated, a facility representative, or in the absence of a representative, facility staff may appeal:

(a) The hearing officer’s decision; and

(b) If applicable, sanctions imposed.

(2) An appeal shall be in writing and delivered to the managing official within 5 calendar days of the date of the hearing officer’s decision.

C. Appeal to the Inmate Grievance Office. A defendant may appeal the managing official’s decision to the Inmate Grievance Office as provided under COMAR 12.07.01.05 and 12.07.01.08.

D. Appeal — Guilty Plea.

(1) If a defendant entered a guilty plea to an inmate rule violation charged and the hearing officer accepted and entered the plea into the record of the defendant’s disciplinary proceeding, the defendant may file an appeal based on only the following claims:

(a) The process or procedures by which the defendant entered the guilty plea regarding the inmate rule violation charged was in error or the guilty plea was procedurally not permitted; and

(b) If imposed, the hearing officer’s sanction was in error or procedurally not permitted.

(2) A defendant filing an appeal of a guilty plea may not raise a claim that:

(a) The hearing officer’s decision was arbitrary or capricious, clearly erroneous, or not based on substantial evidence;

(b) The hearing officer relied on evidence that was insufficient or considered in error;

(c) There was a denial or violation of a due process, statutory, time, or procedure requirement applicable to this chapter; or

(d) There was a denial by staff or the hearing officer of a representative, a witness, or evidence requested.

E. Appeal — Waiver of Appearance.

(1) If a defendant waived the defendant’s appearance before a hearing officer and in the defendant’s absence the hearing officer proceeded with the defendant’s disciplinary proceeding and found the defendant guilty of the inmate rule violation charged, the defendant may file an appeal that is limited to a claim that the:

(a) Process by which the hearing officer concluded that the defendant waived an appearance was in error;

(b) Hearing officer’s decision regarding the inmate rule violation charged for which the defendant was found guilty was arbitrary, capricious, or clearly erroneous;

(c) Hearing officer’s decision regarding the inmate rule violation charged for which the defendant was found guilty relied on evidence that was in error, insufficient, or procedurally not permitted; or

(d) Sanction imposed regarding the inmate rule violation charged for which the defendant was found guilty was in error or procedurally not permitted.

(2) A defendant who waived an appearance before the hearing officer may not raise a claim that there was a:

(a) Denial of a due process, statutory, time, or procedure requirement applicable to this chapter; or

(b) Denial of a representative, a witness, or evidence regarding the disciplinary proceeding.

F. The time period for a defendant to file an appeal expires at the end of the 15th calendar day after the date the defendant was served with the hearing officer’s decision.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.31 Disciplinary Proceeding Procedures — Post Disciplinary Proceedings Phase — Managing Official’s Review.

A. Review by the Managing Official.

(1) The managing official, or a designee, shall conduct a review of the defendant’s disciplinary proceeding.

(2) The managing official may assign a designee to conduct the required review.

(3) The managing official, or designee, shall review a defendant’s disciplinary proceeding before the hearing officer even if the ultimate disposition is an informal resolution.

(4) The informal resolution offered by staff and accepted by the defendant are not required to be reviewed.

(5) A managing official’s, or a designee’s, review is a review on the record and not a de novo or new hearing.

(6) The managing official may not:

(a) Reconsider the evidence in the record of the disciplinary proceeding;

(b) Substitute the managing official’s, or a designee’s, judgment for that of the hearing officer’s or make de novo or new fact findings as to the inmate rule violation charged; and

(7) The managing official, or a designee, shall document the review in the written record of the disciplinary proceeding.

(8) The managing official, or a designee, shall complete the review of the hearing officer’s decision and sanction, if imposed, regarding the inmate rule violation charged within 30 calendar days of the date the defendant received the hearing officer’s decision, but after the 15 calendar day time period for the filing of an appeal by the defendant has elapsed.

(9) The managing official, or a designee, may conduct an immediate review of the hearing officer’s decision without waiting for the expiration of the defendant’s appeal period:

(a) When the disposition of one or more of the inmate rule violations is:

(i) A dismissal;

(ii) A Not Guilty finding;

(iii) A finding that the defendant is or was Not Competent; or

(iv) An informal resolution accepted by the defendant; or

(b) The managing official, or a designee, reduces a sanction imposed by the hearing officer.

(10) The managing official, or a designee, may remand the hearing officer’s decision to the hearing officer for written clarification by the hearing officer of the decision or sanction regarding the:

(a) Disciplinary proceeding procedures;

(b) Evidence weighed and considered;

(d) Decision as to the inmate rule violation charged; and

(e) Sanction, if imposed.

(11) The time and procedure requirements for the managing official’s review:

(a) Shall be suspended pending the managing official’s, or a designee’s, remand; and

(b) May not resume until the managing official, or a designee, receives the hearing officer’s written response.

B. Authority and Action of the Managing Official.

(1) A managing official, or a designee, conducting the review of the hearing officer’s decision shall:

(a) Review the record of the disciplinary proceeding and determine from that record if a reasonable individual could have reached the decision rendered by the hearing officer based on the evidence presented at the disciplinary proceeding;

(b) Consider an alleged time or procedural violation under this chapter, when raised in an appeal by the defendant, facility representative or facility staff; and

(2) The managing official, or a designee, when conducting the review of the hearing officer’s decision regarding an inmate rule violation resulting in a guilty finding and, if imposed, the sanction, may, without explanation:

(a) Affirm the hearing officer’s decision and, if imposed the sanction;

(b) Vacate the guilty finding and the sanction imposed regardless of the category of the inmate rule violation charged or procedural requirement of this chapter, and enter an incident report in the defendant’s case record as the disposition for the inmate rule violation charged;

(c) Vacate the guilty finding and the sanction imposed and enter a Not Guilty disposition in the defendant’s case record for the inmate rule violation charged;

(d) Vacate the guilty finding and the sanction imposed and enter a Not Competent disposition in the defendant’s case record for the inmate rule violation charged; or

(e) Affirm the hearing officer’s decision, but elect to modify the sanction imposed for the inmate rule violation resulting in a guilty finding by:

(i) Reducing the sanction period imposed by the hearing officer regardless of whether the reduced sanction is in compliance with or below the minimum sanction or sanction period required by a regulation of this chapter; or

(ii) Reducing an informal disposition with sanction to an incident report with no sanction.

(3) The managing official, or a designee, may not increase the sanctions imposed by the hearing officer.

(4) The managing official, or a designee, may appeal the hearing officer’s decision to the Secretary, or a designee, and request the Secretary, or a designee, to reverse the hearing officer’s decision and remand the inmate rule violation charged for a de novo or a new disciplinary proceeding when the managing official, or a designee, concludes the hearing officer’s decision was erroneous due to one or more of the following circumstances:

(a) An arbitrary or capricious decision;

(b) A clearly erroneous decision;

(d) The decision relied on evidence alleged or found to be fraudulent or a misrepresented;

(e) The decision was rendered without consideration of evidence that was either presented or not presented at the defendant’s disciplinary hearing;

(f) The sanction was not in compliance with minimum requirements of regulations in this chapter; or

(g) A disposition of Not Competent was entered and there is new evidence that the defendant is competent to participate in the disciplinary proceeding or was competent at the time of the offense.

(5) The managing official’s, or a designee’s, recommendation for reversal and new disciplinary proceeding shall include the reason for the appeal.

(6) The time period and procedure requirements for the managing official’s, or a designee’s, review under this regulation shall:

(a) Be suspended pending the managing official’s, or a designee’s, appeal to the Secretary, or a designee; and

(b) Resume on the date the Secretary’s, or a designee’s, written decision regarding the managing official’s, or a designee’s, appeal is received by the managing official, or a designee.

C. Notification of the Managing Official’s Review.

(1) Staff shall serve the documentation of a completed managing official’s, or a designee’s, review on the defendant within 30 calendar days of the date the defendant was previously served the hearing officer’s decision.

(2) If the defendant does not receive the managing official’s, or a designee’s, review under the 30 calendar day time requirement the:

(a) Review process is considered to be complete; and

(b) Hearing officer’s decision and sanction, if imposed, is affirmed.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.32 Disciplinary Proceeding Procedures — Post Disciplinary Proceedings Phase — Remanding the Inmate Rule Violation Charged.

A. Only the Secretary, or a designee, or a court of proper jurisdiction may disturb the decision concerning an inmate rule violation charged and:

(1) Reverse the decision of the hearing officer regarding the inmate rule violation charged: and

(2) Remand the case for a de novo or a new disciplinary proceeding under this regulation.

B. The managing official, or a designee, when conducting a review of the hearing officer’s decision or a decision previously reviewed by a managing official, or a designee, may, without regard for a procedure or time requirement under this chapter:

(1) Appeal the hearing officer’s decision regarding the inmate rule violation charged to the Secretary, or a designee, regardless of the date of the decision or if previously reviewed by a managing official; and

(2) Request the Secretary, or a designee, to reverse the hearing officer’s decision and remand the inmate rule violation charged for a de novo or a new disciplinary proceeding under this regulation.

C. The Secretary, or a designee, upon receipt and review of the managing official’s, or a designee’s, appeal may approve or disapprove the managing official’s, or a designee’s, recommendation to reverse the hearing officer’s decision and remand the case for a de novo or a new disciplinary proceeding under this regulation:

(1) If the Secretary, or a designee, disapproves the managing official’s, or a designee’s, recommendation, the:

(a) Secretary, or a designee, shall notify the managing official, or a designee, that the hearing officer’s decision is affirmed; and

(b) Managing official, or a designee, shall notify the defendant of the Secretary’s, or a designee’s, decision.

(2) If the Secretary, or designee, approves the managing official’s, or a designee’s, recommendation, the:

(a) Hearing officer’s decision is considered to be reversed; and

(b) Inmate rule violation charged is to be scheduled for a de novo or a new disciplinary proceeding.

D. When the disciplinary proceeding is remanded for a de novo disciplinary proceeding, the managing official, or a designee, shall:

(1) Notify the defendant of the Secretary’s, or a designee’s, decision;

(2) Ensure that the defendant is scheduled for a remanded disciplinary proceeding;

(3) Notify staff that the disciplinary proceeding is heard de novo unless ordered otherwise by the Secretary, or a designee; and

(4) Ensure that the remanded disciplinary proceeding is not heard by the original hearing officer of record unless otherwise ordered by the Secretary, or a designee.

E. Rehearing Procedure.

(1) Within 7 business days of the managing official’s, or a designee’s, notification of a Secretary’s order or order of a court that the inmate rule violation charged was remanded for a de novo or a new disciplinary proceeding under this regulation, staff shall:

(a) Provide the defendant with a copy of the Notice of Inmate Rule Violation form and Notice of Inmate Disciplinary Hearing form regarding the remanded inmate rule violation charged;

(b) Provide the defendant the opportunity to request representation, a witness, or evidence at service; and

F. Except for the 7 business day time frame for service of the remand order on the defendant, the time and procedure requirements of this chapter shall govern the disciplinary proceeding and post disciplinary proceeding phases conducted as a remanded hearing in accordance with this regulation.

G. The managing official, or a designee, may appeal the hearing officer’s decision of the remanded disciplinary proceeding in accordance with the procedures under this chapter.

H. The defendant may appeal the hearing officer’s decision of the remanded disciplinary proceeding in accordance with the procedures under this chapter.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.33 Disciplinary Proceeding Procedures — Post Disciplinary Proceedings Phase — Review by the Secretary.

A. The Secretary, or a designee, has the:

(1) Authority and discretion to modify, suspend, or terminate the inmate disciplinary process consistent with due process; and

(2) Final authority to interpret the time and procedure requirements of the inmate disciplinary process.

B. The Secretary, or a designee, without regard for a time or procedure requirement established under this chapter, may review a disciplinary proceeding or hearing officer’s decision regarding the inmate rule violation charged.

C. The Secretary, or a designee, without regard for a time or procedure requirement established under this chapter, may take an action regarding a disciplinary proceeding or hearing officer’s or staff’s decision regarding the inmate rule violation charged that includes, but is not limited to:

(1) Remanding the inmate rule violation charged for:

(a) A de novo or new inmate disciplinary proceeding; or

(b) Other action permitted under this chapter;

(2) Modifying or vacating a sanction imposed regarding the inmate rule violation found guilty or an informal disposition;

(3) Reversing a decision regarding the inmate rule violation charged found guilty, not guilty, dismissed, not competent, or due to an informal resolution;

(4) Reducing a decision regarding the inmate rule violation charged or an informal disposition to an incident report; or

(5) Vacating the decision regarding the inmate rule violation charged found guilty, not guilty, dismissed, not competent, or reduction to an informal resolution.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.01.34 Video Conferencing.

The Department may, for the purposes of the inmate disciplinary process, use video conferencing or other electronic media or technology.

History

Administrative History: Effective date: July 2, 2018 (45:13 Md. R. 668)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

12.03.02 Religious Services

COMAR 12.03.02.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Business day” means a day other than a Saturday, Sunday, State Holiday, or day on which State administrative offices are closed.

(2) “Ceremonial meal” means a religious meal associated with the commemoration of a formal religious or sacred observance.

(3) “Chief Medical Officer (CMO)” means the highest ranking healthcare professional responsible for the administration of the Department of Public Safety and Correctional Services’ (Department’s) medical, mental, and dental healthcare services.

(4) “Commissary manager” means the individual responsible for a facility commissary or the Department contract monitor for a commissary vendor.

(5) “Enhanced meal” means a dinner meal with additional portions of food provided in addition to the regular meal to meet the minimum daily nutritional needs during a religious observance of fasting.

(6) “Halal diet” means food that is certified by a recognized Muslim Certification Agency.

(7) “Health Services Administrator (HSA)” means a medical professional responsible for planning, directing, and coordinating the healthcare operations within a healthcare facility.

(8) “High religious observance” means the:

(a) Jewish high holy days of Rosh Hashanah, Yom Kippur, and Passover; and

(b) Islamic high holy month of Ramadan.

(9) “Incarcerated individual” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland.

(10) “Kosher diet” means food that is certified by a recognized Orthodox Jewish Certification Agency.

(11) “Passover” means a holiday that celebrates the deliverance of the ancient Hebrews from slavery.

(12) “Registered religious preference” is the faith group with which the incarcerated individual is affiliated within the Department’s Religious Services Program.

(13) “Religious diet” means a dietary option that:

(a) Meets or exceeds established nutritional standards based on the Dietary Reference Intake, Food and Nutrition Board, Institute of Medicine, Nutritional Academies, for ages 19—50 years old and above, with the exception of iron for pregnant females;

(b) Conforms to dietary restrictions of the incarcerated individual’s designated faith group; and

(14) “Religious Diet Program (RDP)” means a food services operation within the Department that is administered by the Chief of Religious Services and the Director of Food Services.

(15) “Seasonal observance” means a worship or celebration recognized annually at a specific time of year, which, unlike a routine observance, has specific value to a particular religious group.

(16) Seder Plate.

(a) “Seder Plate” means a ceremonial plate for the Seder service that is separate from the special Passover meal and is provided during Passover Seder service.

(b) “Seder Plate” for the Jewish, Messianic House of Yahweh, Assemblies of Yahweh, and Hebrew Israelites faith groups consists of:

(i) Matzo;

(ii) Roasted lamb bone;

(iii) Bitter herb horseradish and romaine lettuce;

(iv) Parsley and celery or boiled potato;

(v) Chopped, mixed apples and nuts with grape juice; and

(vi) A cup of salt water.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.02.02 Chaplaincy.

A. Exercise of Religious Belief.

(1) Within security and program limitations, the Commissioner of Correction, Commissioner of Pretrial and Detention Services, and the Director of Patuxent Institution shall ensure that each incarcerated individual has reasonable opportunity to exercise personal religious beliefs.

(2) The Commissioner of Correction, Commissioner of Pretrial and Detention Services, and the Director of Patuxent Institution shall ensure that each religion receives equal access to religious services.

B. Incarcerated individual participation in religious programming is voluntary.

C. The Commissioner of Correction, Commissioner of Pretrial and Detention Services, and the Director of Patuxent Institution shall ensure that religious services are conducted by chaplains or approved religious volunteers, or both, and are available to the general incarcerated individual population.

D. Religious activities are subject to supervision by facility security staff.

E. Ceremonial Meal.

(1) A holy day or seasonal observance may be held with a meal if the meal is part of the holy day or observance based on religious tradition or mandate.

(2) Each Department-recognized religious faith group may have one ceremonial meal in a calendar year.

(3) An incarcerated individual may attend only one ceremonial meal during the calendar year.

(4) A ceremonial meal shall be served in the food service facility, except when the managing official, or a designee, approves another location.

(5) Facility food services is the only source of food items for use with a ceremonial meal.

(6) The facility chaplain shall coordinate with Food Services to ensure:

(a) Appropriate ritual food items are available for the ceremonial meal; and

(b) At least 60 days are afforded for preparation for the ceremonial meal.

(7) Holy day or seasonal observances may be held for incarcerated individuals in special confinement housing if operational capabilities of the facility permit without jeopardizing facility safety and security.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.02.03 Religious Diet Program — General.

A. The Department shall make reasonable accommodations to provide incarcerated individuals in each correctional facility under the Department’s authority with dietary options that meet accepted religious dietary requirements.

B. The Department’s RDP consists of the following two meal platforms:

(1) The Halal diet that shall be offered to an incarcerated individual who has designated the incarcerated individual’s religious faith as one of the following Islamic faith groups:

(a) Shi’ite;

(b) Sunni;

(d) Moorish Science Temple (all recognized groups); or

(e) Other recognized religions that have the same basic tenets that require the Halal diet; and

(2) The Kosher diet that shall be offered to an incarcerated individual who has designated the incarcerated individual’s religious faith as one of the following faith groups:

(a) Jewish;

(b) House of Yahweh;

(d) Messianic Jewish;

(e) Hebrew Israelites; or

(f) Other recognized religions that have the same basic tenets that require the Kosher diet.

C. In October of each calendar year, the facility chaplain, or a designee, shall:

(1) Prepare an annual religious services plan for the next calendar year;

(2) Include in the religious services plan the dates for high religious observance, seasonal observances, fasting periods, and programs for each recognized faith group that requires a special ceremonial diet; and

(3) Distribute the annual religious services plan to the managing official, or a designee.

D. The Director of Food Service, or a designee, shall:

(1) Ensure that the RDP dietary platforms are certified by an appropriate authority;

(2) Ensure that the RDP meets or exceeds minimum daily nutritional requirements established and approved by the Academy of Nutrition and Dietetics as they relate to food service in a correctional facility;

(3) Provide correctional dietary managers with a copy of the RDP menu, as well as announcements, updates, and changes to ensure that the RDP maintains compliance with both religious and nutritional dietary requirements;

(4) Ensure that correctional dietary managers and food service contractors are adhering to RDP requirements regarding the use of designated Kosher emblem tape; and

(5) Ensure that a correctional dietary manager does not alter the RDP menu except where seasonal availability of fresh produce or unexpected unavailability of canned or frozen food items warrants acceptable substitution.

E. A correctional dietary manager may make temporary nutritionally equal substitutions if the substitutions are:

(1) Based on the availability of seasonal produce; and

(2) In accordance with the Department’s Dietary Program.

F. An incarcerated individual:

(1) May abstain from regularly offered food items that the incarcerated individual believes to be prohibited by the incarcerated individual’s religion; and

(2) Abstaining from certain food items under §E(1) of this regulation may:

(a) Still achieve a balanced diet by eating food items that are not prohibited by religious beliefs that are being offered to the incarcerated individual population;

(b) Not be served pork, pork items, and foods prepared with pork renderings; and

G. An incarcerated individual who voluntarily withdraws or is involuntarily removed from the RDP in accordance with provisions under Regulations .05 and .06 of this chapter:

(1) May request a lacto-ovo vegetarian menu for nonreligious reasons; and

(2) May not be reconsidered for the RDP until existing RDP-related sanctions end and the incarcerated individual files a request in accordance with Regulation .04 of this chapter.

H. The managing official may suspend the delivery of an incarcerated individual’s RDP meal for up to 48 hours during a:

(1) Declared emergency where halal or kosher meals are unavailable; or

(2) Lockdown of a housing area where the RDP participant is assigned.

I. The facility shall provide an RDP bag lunch for an RDP incarcerated individual assigned to a work crew outside the facility.

J. Prescribed Medical Diets.

(1) An incarcerated individual prescribed a medical diet may request to participate in the RDP by following the RDP request process described in Regulation .04 of this chapter using the Religious Diet Application Form.

(2) If an incarcerated individual discloses a food allergy or a currently prescribed medical diet on the Religious Diet Application Form, the facility chaplain shall submit the incarcerated individual’s RDP application to the facility’s HSA and facility’s designated dietary officer.

(3) The RDP application of an incarcerated individual with a food allergy or a prescribed medical diet shall be reviewed on a case-by-case basis by the Department’s CMO, or CMO’s designee, and a Department registered and licensed dietitian nutritionist.

(4) If the CMO, or CMO’s designee, and a Department registered and licensed dietitian nutritionist determine that the RDP is compatible with the prescribed medical diet with reasonable modification, the incarcerated individual may opt to receive an RDP diet that meets the nutritional and therapeutic requirements of the prescribed medical diet.

(a) Reasonable modification includes, but is not limited to the:

(i) Omission or substitution of foods to which the incarcerated individual is allergic;

(ii) Increase of the caloric value of a meal during periods of religious fasting; or

(iii) Adjustment of scheduled meal delivery times during periods of religious fasting.

(b) Reasonable modification does not include a dietary change with no medical or religious rationale as determined by the Chief of Religious Services, CMO, and a Department registered and licensed dietitian nutritionist.

(5) If the CMO, or CMO’s designee, and a Department registered and licensed dietitian nutritionist determine the requested RDP is incompatible with, and cannot be modified to meet the nutritional and therapeutic requirements of the incarcerated individual, the CMO or CMO’s designee shall:

(a) Explain to the incarcerated individual the nature of the incompatibility and the available options set forth in §I(6)(a) and (b); and

(b) Be responsive to any questions or concerns communicated by the incarcerated individual.

(6) After the incarcerated individual and the facility chaplain have been notified of the determination made by the CMO, or CMO’s designee, and a Department registered and licensed dietitian regarding the RDP application, the incarcerated individual may choose one of the following:

(a) Remain on the prescribed medical diet and withdraw their RDP request; or

(b) Refuse the prescribed medical diet and participate in the RDP without any modification.

(7) Refusal of a prescribed medical diet.

(a) An incarcerated individual who refuses a prescribed medical diet shall be counseled and required to sign an acknowledgment indicating the incarcerated individual’s informed consent and understanding of the potential adverse consequences of refusing the prescribed medical diet.

(b) Prior to requiring the incarcerated individual to sign the acknowledgment, the CMO or designee shall ensure that the incarcerated individual is competent to make an informed decision concerning the incarcerated individual’s refusal of the medical diet.

(8) An incarcerated individual currently prescribed a medical diet shall, before participating in a period of religious fasting:

(a) Review health and medical diet concerns with the facility’s medical staff;

(b) If applicable, sign an acknowledgment indicating the incarcerated individual’s informed consent and understanding of the potential adverse consequences of refusing the prescribed medical diet for the period of the religious fasting; and

(c) After the period of the religious fasting ends, return to the applicable medical diet, if the medical condition warranting the diet still exists.

Cross References

12.03.02.04C(2)

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.02.04 Requesting and Processing an Inmate’s Request to Participate in the Religious Diet Program.

A. An incarcerated individual seeking to participate in the RDP shall submit a completed Religious Diet Application Form to the facility chaplain, or a designee.

B. Upon receipt of a Religious Diet Application Form under §A of this regulation, the facility chaplain, or a designee, shall:

(1) Meet with the incarcerated individual to:

(a) Review with the incarcerated individual the requested RDP platform;

(b) Review with the incarcerated individual the Religious Diet Agreement, specifically the violation and sanction section;

(c) Inform the incarcerated individual that violation of RDP requirements may result in the incarcerated individual's involuntary suspension from the RDP independent of the incarcerated individual disciplinary process;

(d) Inform the incarcerated individual that the incarcerated individual is required to reapply for participation in the RDP every 2 years;

(e) Obtain information from the incarcerated individual concerning the incarcerated individual’s registered religious preference and the reasoning for the request to participate in the RDP; and

(f) Discuss other applicable information used in connection with the RDP request;

(2) Use information provided by the incarcerated individual in connection with the incarcerated individual’s records and other available documentation to determine if the incarcerated individual is a designated participant in a Department-recognized faith group that requires a diet that can only be satisfied by the RDP; and

(3) Use forms approved by the Chief of Religious Services to record:

(a) Information obtained from the incarcerated individual; and

(b) RDP information provided to the incarcerated individual.

C. When processing an incarcerated individual's request to participate in the RDP, the facility chaplain, or a designee:

(1) Shall complete a review of all forms and applicable information obtained in connection with the incarcerated individual's RDP application;

(2) Shall, based on the available information concerning the application to participate in the RDP, determine if the incarcerated individual is eligible to participate in the RDP based on the incarcerated individual's recognized participation in a religious faith group listed under Regulation .03 of this chapter;

(3) May not deny an incarcerated individual’s application to participate in the RDP because the incarcerated individual is assigned to special confinement housing or a medical unit;

(4) May deny an incarcerated individual’s application to participate in the RDP because the incarcerated individual falsified information;

(5) May require additional information from the incarcerated individual to complete or supplement the incarcerated individual’s RDP application;

(6) Shall decide based on all information available and considered to approve or deny the incarcerated individual’s RDP application; and

(7) Shall document the decision to approve or deny the incarcerated individual’s request to participate on the RDP application.

D. Upon completion of an incarcerated individual’s request to participate in the RDP, the facility chaplain or a designee shall:

(1) If a request for RDP participation is denied:

(a) Meet with the incarcerated individual and provide the reason for the denial;

(b) Record the date of the meeting to discuss the denial on the form approved by the Chief of Religious Services; and

(c) Ensure that the completed paperwork is forwarded to Case Management for inclusion in the incarcerated individual’s base file; or

(2) If a request for RDP participation is approved:

(a) Meet with the incarcerated individual to obtain the incarcerated individual’s signature on a Religious Diet Agreement Form;

(b) Forward a copy of the incarcerated individual’s completed Religious Diet Agreement Form to the Correctional Food Services manager for the incarcerated individual’s facility; and

Cross References

12.03.02.03G(2)

12.03.02.03J(1)

12.03.02.08B(2)

12.03.02.08B(3)

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.02.05 Voluntary Withdrawal from the RDP.

A. An incarcerated individual may voluntarily withdraw from participation in the RDP.

B. An incarcerated individual voluntarily withdrawing from the RDP, as soon as possible after deciding not to participate, shall notify the facility chaplain, in writing on a form approved by the Chief of Religious Services:

(1) That the incarcerated individual is voluntarily withdrawing from the RDP; and

(2) The reason for withdrawing from the RDP.

C. Upon receipt of notification under §B of this regulation, the facility chaplain, or a designee, shall meet with the incarcerated individual submitting the notification to advise the incarcerated individual that:

(1) Once voluntarily removed from the RDP, except for provisions under §C(3) and (4) of this regulation, the incarcerated individual may not re-apply for RDP participation for 1 year from the date voluntary removal was accepted;

(2) Except for provisions under §C(3) and (4) of this regulation, once an incarcerated individual has requested voluntary withdrawal from the RDP three times, the incarcerated individual may not re-apply for participation in the RDP until after 2 years from the date of the last voluntary withdrawal from the RDP; and

(3) An incarcerated individual voluntarily withdrawing from the RDP may continue to participate in other faith group religious observances and ceremonial meals.

(4) An incarcerated individual who has a medical condition that cannot be accommodated through reasonable modification may:

(a) Voluntarily withdraw from the RDP; or

(b) Immediately reapply to the RDP if the medical condition resolves.

D. A facility chaplain, or a designee, processing an incarcerated individual’s voluntary withdrawal from the RDP shall:

(1) Record the approval on a form approved by the Chief of Religious Services;

(2) Record the meeting and conditions of the incarcerated individual’s voluntary withdrawal discussed with the incarcerated individual as required under §C of this regulation on a form approved by the Chief of Religious Services;

(3) Within 5 business days of the date the incarcerated individual’s voluntary withdrawal request is processed:

(a) Notify the correctional dietary manager of the incarcerated individual’s withdrawal; and

(b) Provide the correctional dietary manager with an updated list of RDP participants; and

(4) Forward the completed forms recording the voluntary withdrawal to Case Management for inclusion in the incarcerated individual’s base file.

Cross References

12.03.02.06E

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.02.06 Involuntary Suspension from the RDP.

A. An incarcerated individual may be involuntarily removed from the RDP independent of the incarcerated individual disciplinary process for violating the agreed upon conditions of participation in the RDP.

B. An employee with knowledge that an incarcerated individual enrolled in the RDP has consumed or purchased from the commissary a food item that is not part of the incarcerated individual’s approved RDP dietary platform shall report the allegation:

(1) In a manner or on a form approved by the Chief of Religious Services; and

(2) To the facility chaplain, or a designee.

C. Upon receipt of an allegation under §B of this regulation, the facility chaplain, or a designee, shall:

(1) Review the allegation; and

(2) Handle the allegation in accordance with provisions under §D of this regulation.

D. A facility chaplain, or a designee, handling an alleged RDP agreement violation shall:

(1) Meet and discuss the alleged RDP agreement violation with the incarcerated individual;

(2) Determine if the incarcerated individual violated the agreed-to RDP conditions.

E. If determining that a violation of the RDP conditions did occur, except for provisions under Regulation .05C(3) of this chapter, determine a sanction as follows:

(1) First offense, the incarcerated individual shall be:

(a) Counseled regarding commissary or food items that may be purchased or consumed under the RDP;

(b) Required to sign a new RDP agreement acknowledging understanding the consequences of a second offense; and

(2) Second offense, the incarcerated individual shall be:

(a) Counseled regarding commissary or food items that may be purchased or consumed under the RDP;

(b) Suspended from the RDP for 90 days; and

(c) Upon completion of the 90-day suspension, required to sign a new RDP agreement acknowledging understanding the consequences of a third offense before being permitted to participate in the RDP following the 90-day suspension; or

(3) Third offense, the incarcerated individual shall be:

(a) Counseled regarding commissary or food items that may be purchased or consumed under the RDP;

(b) Suspended from the RDP for 1 year; and

(c) Upon completion of the 1-year suspension, required to reapply to participate in the RDP in accordance with procedures established under this chapter; and

(4) Meet with the affected incarcerated individual to:

(a) Discuss the decision, any imposed sanctions, and the impact of continued violations of the agreed-to RDP conditions; and

(b) Obtain the incarcerated individual's signature on a new RDP Agreement form;

(5) Document the process and meetings in a manner or on a form approved by the Chief of Religious Services; and

(6) If after 5 business days from the date the incarcerated individual is notified of a decision, the incarcerated individual does not appeal the facility chaplain’s, or a designee’s, action:

(a) Forward a copy of the documentation to Case Management for inclusion in the incarcerated individual's base file; and

(b) If the decision results in changes to notification previously made to the facility’s correctional dietary manager, within 5 business days of the end of the period for filing an appeal, provide written notification of the appropriate updates to the facility correctional dietary manager.

F. An incarcerated individual involuntarily suspended from the RDP may continue to participate in other faith group religious observances and ceremonial meals.

Cross References

12.03.02.07A

12.03.02.09E

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.02.07 Appeal of Involuntary Suspension from the RDP.

A. An incarcerated individual may appeal a facility chaplain’s, or a designee’s, decision made in accordance with Regulation .06 of this chapter.

B. An incarcerated individual filing an appeal under §A of this regulation shall:

(1) File the appeal within 10 business days of the date of the adverse decision;

(2) Submit the appeal on a form or in a manner approved by the Chief of Religious Services to the facility chaplain, or a designee; and

(3) Remain in the RDP during the appeal process.

C. Within 10 business days of receipt of an appeal under §B of this regulation, the facility chaplain, or a designee, shall:

(1) Attach the incarcerated individual’s appeal to other forms completed as part of the action taken by the facility chaplain, or a designee, to remove the incarcerated individual from the RDP;

(2) Provide a written recommendation regarding the appeal that includes the reason and support for the recommendation; and

(3) Forward the documents to the managing official, or a designee.

D. Within 10 business days of receipt of an appeal under §C(3) of this regulation, the managing official, or a designee, shall:

(1) Review and, if necessary, obtain additional information concerning the documents received;

(2) Decide to:

(a) Affirm the original decision and sanction;

(b) Affirm the original decision and reduce the original sanction; or

(3) Provide a written decision that includes the reason and support for the decision; and

(4) Forward the documents to the facility chaplain, or a designee.

E. Upon receipt of a decision under §D(4) of this regulation, the facility chaplain, or a designee, shall comply with applicable requirements established under §D(2) of this regulation.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.02.08 Re-admittance to the RDP Following Involuntary Suspension.

A. An incarcerated individual who was previously involuntarily suspended from the RDP for 1 year may re-apply to participate in the RDP.

B. An incarcerated individual reapplying for the RDP following being involuntarily suspended from the RDP for 1 year shall be readmitted if the incarcerated individual:

(1) Has completed the period of suspension related to the involuntary suspension;

(2) Makes a request in accordance with provisions under Regulation .04 of this chapter; and

(3) Is approved for the RDP in accordance with provisions under Regulation .04 of this chapter.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.02.09 RDP Commissary Products.

A. RDP-approved food products shall be available from the commissary.

B. The commissary manager shall ensure that food items approved for use with the RDP are:

(1) Certified by the appropriate recognized religious certification authority; and

(2) Appropriately marked on the commissary products list to identify the RDP diet platform to which the items apply.

C. An incarcerated individual approved for participation in the RDP, as an agreed-to condition of participation in the RDP, may only purchase commissary food items approved for the specific RDP diet platform for which the incarcerated individual has been approved.

D. If requested by the commissary manager, the facility chaplain, or a designee, shall provide the commissary manager:

(1) With a list of incarcerated individuals approved for the RDP; and

(2) Indicate for each incarcerated individual on the list the RDP platform for which the incarcerated individual is approved.

E. If a facility chaplain, or a designee, has knowledge that an incarcerated individual is allegedly violating the agreed-to terms for participation in the RDP, the chaplain, or a designee, shall address the alleged violation according to procedures established under Regulation .06 of this chapter.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.02.10 Halal Diet Platform Requirements.

A. The RDP Halal Diet platform is a lacto-ovo vegetarian diet that is Halal Certified.

B. At a minimum, 30 days before the observance of Ramadan, the facility chaplain, or a designee, shall inform the facility’s correctional dietary manager, or a designee, of the following to ensure that an incarcerated individual who will observe the ceremonial fasting (dawn to sunset) is provided with:

(1) If needed, an early breakfast served before dawn; and

(2) A late dinner served immediately after sunset that consists of an enhanced meal as prescribed by the Office of Food Services.

C. Daily during the Ramadan observance, the facility chaplain, or a designee, shall inform the correctional dietary manager, or a designee, of changes to the list of incarcerated individuals approved to participate in the observance.

D. The commissary manager shall:

(1) Ensure that appropriate Ramadan food items, traditionally used breaking a fast, such as dried date palms (dates), are available for purchase by the incarcerated individuals a minimum of 60 days before the Ramadan observance; and

(2) Advise the facilities when the Ramadan food items, including dried dates, are available for purchase and the cost of each item.

E. A facility chaplain, or a designee, shall notify the facility’s Islamic incarcerated individual population, at least 60 days before the Ramadan observance, of the availability of the Ramadan food items, including dried dates, and the cost of each item.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

COMAR 12.03.02.11 Kosher Diet Platform Requirements.

A. Food service employees and applicable food services contractor staff in a facility that provides the RDP Kosher platform diet shall be trained in the Kosher Diet procedures according to the following:

(1) On an annual basis, a mandatory RDP Kosher platform training shall be provided for all food service employees and contractors;

(2) RDP Kosher platform training shall be provided for newly hired food service employees and contractors within 60 days of hiring;

(3) Upon completing the Kosher Diet training, a food service employee shall sign and date the Food Service Staff Religious Diet Training Acknowledgement form; and

(4) Food service personnel shall prepare Kosher Diet food in the area specifically designated for that purpose.

B. If an incarcerated individual worker is assigned to prepare Kosher Diet meals, the facility’s correctional dietary manager, or a designee, shall:

(1) Provide the incarcerated individual worker with Kosher Diet training that is required under §A of this regulation and approved by the Director of Food Services, or a designee;

(2) Upon completion of the training, ensure that the incarcerated individual worker signs and dates the Food Service incarcerated Individual Worker Religious Diet Training Acknowledgement form;

(3) Ensure that each incarcerated individual worker meets:

(a) Annual COMAR requirements for medical screening, as related to food handling and preparation;

(b) Requirements established in the Food Service Manual, such as training in sanitation and inspections, Hazard Analysis and Critical Control Points, health and safety codes, personal hygiene, foodborne illness, care and use of equipment, and food temperatures; and

(4) Supervise the incarcerated individual worker assigned to prepare Kosher Diet meals.

C. A food item used for the RDP Kosher Diet platform, except fresh fruits and vegetables, shall be certified by a recognized orthodox standard accepted by the Department’s Religious Services Program.

D. Kosher Diet Hot Entree — Availability and Preparation.

(1) A hot RDP Kosher Diet platform entree shall:

(a) Be available and served at a minimum six times during a week (Sunday—Friday); and

(b) Include Kosher certified, purchased precooked, or dehydrated food items whenever possible.

(2) Only Kosher Diet approved equipment that is clearly marked “RDP” may be used to rehydrate and heat items for the Kosher Diet.

(3) A food service employee or incarcerated individual worker may not:

(a) Cook or reheat a non-Kosher Diet platform food item in the Kosher Diet preparation area; or

(b) Use a pot, utensil, electric burner, or microwave oven that has been designated and marked “RDP” for the Kosher Diet platform for any other purpose.

E. Kosher Beverages. Beverages available for the general population, such as soda from the dispenser, pure juice with the exception of grape, nonflavored coffee or tea, water, and milk are currently Kosher-certified and may be used as part of the RDP Kosher Diet platform.

F. Kosher Food Storage.

(1) Upon delivery of an RDP Kosher Diet platform food product, a food service employee or incarcerated individual worker having been trained in the Kosher Diet procedures shall place the Kosher Diet products in a designated location for staging or storage until the product is to be used.

(2) An RDP Kosher Diet platform refrigerated food product shall be stored in a:

(a) Separate, clearly identified, and “RDP” marked refrigerated unit or freezer; or

(b) Common refrigerator or freezer that has space designated and marked for Kosher Diet platform food products.

(3) An RDP Kosher Diet dry storage food product shall be:

(a) Stored in a dry storage location separate from food that is not part of the RDP Kosher Platform and clearly identified as “RDP”; or

(b) Placed in a designated and marked “RDP” area of a common dry food storage location, and clearly identified as “RDP”.

G. Serving Trays and Utensils.

(1) RDP identified reusable serving trays, covers, and cups shall be used for the RDP Kosher Diet platform as follows:

(a) Items are to be stored separately from non-Kosher Diet platform items; and

(b) In the absence of reusable items, Styrofoam disposable items are acceptable.

(2) Kosher Diet serving trays, covers, and cups shall be washed and sanitized before non-Kosher Diet platform equipment.

(3) Dish water shall be drained from sinks and clean water shall be used to wash an RDP Kosher Diet platform item.

H. Kosher Diet Platform Food and Utensil Handling.

(1) A food service utensil used to prepare, serve, or transport RDP Kosher Diet platform food items shall be stored, handled, used, and cleaned separately from non-Kosher Diet platform food utensils.

(2) A utensil used for the RDP Kosher Diet platform shall be:

(a) Marked with “RDP”;

(b) Washed and sanitized in the pot and pan area before non-Kosher Diet platform utensils have been cleaned; and

(i) Area in the tool room identified as the Kosher Diet area; or

(ii) Tool box clearly marked as “RDP” within a common tool room.

(3) A three-compartment sink shall be washed, rinsed, sanitized, and refilled with clean water before an RDP Kosher Diet platform utensil is cleaned in the sink.

(4) A food service employee or incarcerated individual worker may not handle non-Kosher Diet food items while preparing or cooking RDP Kosher Diet platform food items.

(5) A food service employee or incarcerated individual worker handling non-Kosher Diet food items before entering the Kosher Diet food preparation area to prepare kosher food shall:

(a) Wash hands thoroughly;

(b) Change into a clean apron; and

I. Serving RDP Kosher Diet Platform Food Items.

(1) An RDP Kosher Diet platform food item shall be:

(a) Prepared in advance of the meal period and, except for the RDP Kosher Diet platform hot entree, placed under refrigeration in RDP designated refrigeration; and

(b) Prior to being served, placed on serving trays designated for the RDP Kosher Diet platform.

(2) Except for beverages currently certified as Kosher, incarcerated individuals participating in the RDP Kosher Diet platform may not select or be served non-RDP Kosher Diet platform food or beverages.

J. Kosher Specific Requirements for the Passover Observance.

(1) Religious diet accommodations provided for Passover meals shall meet or exceed basic nutritional requirements.

(2) During the Passover observance, RDP Kosher Diet platform meals shall consist of Kosher-for-Passover approved food items, as follows:

(a) Breakfast shall consist of Kosher-for-Passover:

(i) Cereal;

(ii) Coffee;

(iii) Sugar;

(iv) Jelly or honey;

(v) Matzo;

(vi) Fresh milk;

(vii) Hard boiled eggs (processed or cooked prior to the start of the Passover period); and

(viii) Fresh fruit;

(b) On Sunday through Friday of the Passover observance, lunch and dinner trays shall consist of a Kosher-for-Passover entree and Kosher-for-Passover vegetables (with the exception of legumes and foods containing soy, corn, or a derivative of either food);

(c) When the Passover Seder falls on a Friday or Saturday evening, the Seder meal shall include the hot entree that is not prepared until after the Kosher preparation area has been made Kosher-for-Passover acceptable in accordance with the RDP Kosher Diet training handouts that detail:

(i) Kosher-for-Passover preparation; and

(ii) Pre-Passover notification reminders from the Director of Food Services regarding Passover preparation; and

(d) When the Passover Seder does not fall on a Friday or Saturday, on Saturdays (Sabbath) during the Passover observance the lunch and dinner meals shall consist of an entree of:

(i) Kosher-for-Passover American cheese, cottage cheese, tuna, sardines and condiments; or

(ii) Boiled eggs with assorted fresh vegetables and fruit.

(3) Seder Service and Seder Plate.

(a) The facility chaplain or a designee shall determine if each participating congregative faith group will observe the Seder in full.

(b) During the first 2 nights of Passover when the Seder service is held, in addition to the special Passover meals, a Seder plate shall be provided to each participating congregative faith group, as follows:

(i) For congregational Seder services, each table shall be provided one Seder plate, generally four incarcerated individuals per table whether the Seder service is held in the dining area, chapel, or another meeting room; and

(ii) In special confinement housing units, each incarcerated individual shall be provided a Seder plate.

K. No later than January 10 of each year, the Chief of Religious Services shall forward in writing or by email the dates that Passover is observed to the managing official, or a designee, Director of Food Services, and facility chaplain, or a designee, of each correctional facility.

L. The Director of Food Services shall notify correctional dietary managers of the dates Passover is observed.

M. Nine weeks before the beginning of the Passover observance, the facility chaplain, or a designee, shall meet with the incarcerated individuals of the groups that observe Passover to provide the official dates that Passover is observed that year.

N. Eight weeks before the date of the start of Passover, incarcerated individuals who want to observe Passover shall:

(1) Make the request using a form approved by the Chief of Religious Services; and

(2) Submit the completed form to the facility chaplain, or a designee.

O. The commissary manager shall:

(1) Ensure that Kosher-For-Passover items are available for purchase by an incarcerated individual at a minimum of 60 days before the Passover observance; and

(2) Advise the facility chaplain, or a designee, of the dates the Kosher-For-Passover items are available for purchase and the cost.

P. Kosher-for-Passover Facility Preparation.

(1) Seven weeks before the beginning of the Passover observance, a facility chaplain or a designee shall notify the correctional dietary manager of the expected number of incarcerated individuals participating in the Passover observance.

(2) The correctional dietary manager shall ensure sufficient Kosher-for Passover related food items are ordered from vendors supplying items for the Passover observance, and restocking when necessary.

(3) The correctional dietary manager shall, to the extent possible, ensure that the order of Passover food items includes extra portions to accommodate last minute changes to the number of participating incarcerated individuals based on new intakes.

(4) Eight days before Passover, each kitchen and related areas used to prepare and serve meals during Passover shall be made Kosher and only Kosher for Passover food may be prepared and served from the Kosher kitchens and related areas.

Q. A managing official, or a designee, may not change the dates or menu of the planned Passover observance, except during an emergency and after consulting with the Director of Food Services and the Office of Religious Services.

R. An incarcerated individual observing Passover shall only be provided RDP Kosher-For-Passover approved food items and beverages.

S. If changes occur during Passover, the Office of Religious Services shall provide the correctional dietary manager with changes to the list of incarcerated individuals who are participating in the special Passover ceremonial meals.

History

Administrative History: Effective date: March 12, 2018 (45:5 Md. R. 286)
Administrative History: Regulations .01—.11 repealed and Regulations .01—.11 adopted effective February 16, 2026 (53:3 Md. R. 122)
Authority: Correctional Services Article, §§2-109(c), 3-205, 4-208, and 5-201, Annotated Code of Maryland

12.03.03 Incarcerated Individual Mail

COMAR 12.03.03.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Commissioner” means the Commissioner of Correction.

(2) “Contraband” has the meaning stated in Criminal Law Article, §9-410, Annotated Code of Maryland.

(3) “Correctional facility” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland.

(4) “Director” means the Director of Patuxent Institution.

(5) General Mail.

(a) “General mail” means correspondence, written materials, and publications, including but not limited to letters, cards, newspapers, magazines, newsletters, flyers, and advertisements:

(i) Addressed to or from an incarcerated individual; and

(ii) Leaving or entering the correctional facility by the United States Postal Service or by a recognized courier system.

(b) “General mail” does not mean:

(i) Legal mail as defined in this section;

(ii) A written communication among incarcerated individuals within the correctional facility;

(iii) A package; or

(iv) An initial package as defined in this section.

(6) “Hostile work environment” means a workplace where discriminatory intimidation, ridicule, or insult are so severe or pervasive that the conditions of an individual’s employment are altered to the point of creating an abusive working environment.

(7) Indigent Incarcerated Individual.

(a) “Indigent incarcerated individual” means an incarcerated individual who, within the previous payroll period:

(i) Has not received pay for an assignment in work or school and has less than $6 in the incarcerated individual’s spending account; or

(ii) Has been admitted to a correctional facility and does not have at least $6 in the incarcerated individual’s spending account on admission.

(b) “Indigent incarcerated individual” does not mean an incarcerated individual who, in order to be eligible for the benefits described in Regulation .03 of this chapter, manipulates the incarcerated individual’s account balance.

(8) “Initial package” means a package of purchased retail items or goods delivered to an incarcerated individual within 90 days of an incarcerated individual’s admission to the correctional facility.

(9) “Legal mail” means mail that is either addressed by an incarcerated individual to, or received on official stationery from, any of the following individuals or agencies:

(a) A court;

(b) A judge;

(d) An attorney;

(e) The American Civil Liberties Union;

(f) The Legal Aid Bureau;

(g) The contractual service provider for incarcerated individual legal services;

(h) The Secretary of Public Safety and Correctional Services;

(i) The Commissioner of Correction;

(j) The Commissioner of Pretrial Detention and Services;

(k) The Director of Patuxent Institution;

(l) The Director of the Division of Parole and Probation;

(m) The Director of Criminal Justice Information System–Central Repository; and

(n) Elected or appointed public officials.

(10) “Mail” means general and legal mail.

(11) “Managing official” has the meaning stated in Correctional Services Article, §1-101, Annotated Code of Maryland.

(12) Package.

(a) “Package” means any container or wrapping of a purchased retail item or good that is used to deliver the retail item or good to an incarcerated individual from outside the secure perimeter of the correctional facility.

(b) “Package” includes:

(i) An initial package;

(ii) An incarcerated individual’s catalog or commercial retail order, including but not limited to a food item, portable music player, television, gaming system, video game, book, and item of clothing; and

(iii) A delivery from one correctional facility to another.

(13) “Property officer” means a Department employee responsible for receiving and controlling an incarcerated individual’s belongings in accordance with established incarcerated individual personal property procedures.

(14) “Retail” means the sale of an item or good to an individual in a small quantity that the individual uses for personal consumption and not for resale.

(15) “Sexually explicit” means a pictorial, written, or verbal depiction of actual or simulated sexual behavior, including:

(a) Bestiality;

(b) A minor or minors depicted in the nude or partially nude;

(d) Sadistic or masochistic abuse;

(e) A sexual act as defined in Criminal Law Article, §3-301, Annotated Code of Maryland;

(f) Sexual contact as defined in Criminal Law Article, §3-301, Annotated Code of Maryland; and

(g) Vaginal intercourse as defined in Criminal Law Article, §3-301, Annotated Code of Maryland.

Cross References

12.03.03.03A(1)

12.03.03.10B

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.02 General Policy.

A. An incarcerated individual is allowed to send or receive mail consistent with the United States Constitution, federal law and regulations, and Maryland law and regulations.

B. Mail may not be handled by any incarcerated individual other than the incarcerated individual to whom the mail is addressed.

C. The volume of mail an incarcerated individual sends or receives may not be limited unless there is justification in accordance with procedures established in Regulation .08 of this chapter.

D. A restriction may not be placed on an incarcerated individual’s mail for disciplinary reasons unless an incarcerated individual specifically abuses this privilege.

E. A restriction may not be placed on an incarcerated individual’s mail because of the incarcerated individual’s use of an officially adopted religious or gender-affirming name.

F. Mail Inspection and Delivery Time Requirements.

(1) Upon delivery to the mailroom, incoming mail shall be date stamped with the date it was received at the correctional facility.

(2) Legal mail may not be held for more than 48 hours, excluding weekends and holidays, except when it contains contraband.

(3) Legal mail shall be inspected and delivered as set forth in Regulation .08 of this chapter.

(4) Incoming general mail that is conducive to photocopying may not be held for more than 72 hours, excluding weekends and holidays, except when it contains contraband.

(5) To facilitate effective search procedures and to reduce the amount of controlled dangerous substances and other contraband containing injurious materials, general mail coming into a correctional facility that is not conducive to photocopying or scanning, such as a magazine or newspaper, may not be held for more than 80 hours, excluding weekends and holidays, except when it contains contraband.

G. Contraband may not be mailed or otherwise conveyed into a correctional facility. Contraband includes, but is not limited to, material that:

(1) Describes escape plans, devices, or paraphernalia;

(2) Describes the construction or use of weapons, ammunition, bombs, incendiary devices, or other means of inflicting bodily harm;

(3) Describes procedures for brewing alcoholic beverages or the manufacture of drugs;

(4) Is written in code;

(5) Is sexually explicit;

(6) Depicts a nude person under the age of 18;

(7) If not withheld, may create a hostile work environment for employees who are required to inspect, view, read, or overhear the reading of mail during the normal course of their duties;

(8) Describes theory, design, or manufacture of prison security systems or equipment, including prison communication systems or equipment;

(9) Instructs an incarcerated individual in the commission of violations of Department regulations that may produce a breach of security or order in the correctional facility;

(10) Advocates or instructs in the formation of incarcerated individual unions;

(11) May be contaminated with controlled dangerous substances, or substances such as paint, crayon, marker, ink, glitter, cloth, string, tape, glue, epoxy, metal, plastic, wood, stickers, scents, or stain that may obscure detection of CDS; or

(12) Poses a direct and immediate danger of violence or physical harm to a person or persons, based upon the current circumstances within the correctional facility.

H. Except for an indigent incarcerated individual’s mail, an incarcerated individual shall affix proper postage to all outgoing mail.

Cross References

12.03.03.06D(3)

12.03.03.09A

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.03 Mailroom Pilot Programs.

A. The Department may conduct pilot projects to demonstrate and evaluate new approaches to managing incoming incarcerated individual mail, as follows:

(1) Mail to or from an Incarcerated Individual’s Attorney. The Department may establish a pilot program to verify that mail marked by the sender as legal mail sent by, or on behalf of, an attorney to an incarcerated individual meets the definition of legal mail as stated in Regulation .01 of this chapter.

(2) General Mail.

(a) The Department may establish a pilot program for incoming general mail consistent with this chapter that centralizes the collection, photocopying or scanning, and electronic distribution of incoming general mail at a specified Division of Correction correctional facility.

(b) To reduce the amount of controlled dangerous substances and other contraband entering the correctional facility, the Division shall:

(i) Except for bound publications or other unsuitable items, photocopy or scan all incoming general mail; and

(ii) Provide an incarcerated individual with clear unobstructed photocopies or electronic copies of an incarcerated individual’s incoming general mail, unless the mail is withheld in accordance with the procedures established in Regulation .10 of this chapter.

(c) The Department shall store, in accordance with §A(2)(d) of this regulation, the original incoming general mail for the later of:

(i) The time frame established for an incarcerated individual to file a complaint through the informal and formal Administrative Remedy Procedure (ARP) established in COMAR 12.02.28; or

(ii) Until a decision has been issued by the Commissioner in response to an incarcerated individual ARP complaint.

(d) The Department shall establish and maintain appropriate safeguards, such as access restrictions, records controls, and lockable cabinets and rooms to ensure the security of incoming general mail.

(e) Except under §A(2)(f) and (g) of this regulation, the Department shall securely dispose of the original general mail after the photocopied or scanned mail has been delivered and either the:

(i) Time frame for filing an ARP complaint has expired; or

(ii) Incarcerated individual’s ARP complaint has been resolved.

(f) The Department may not as part of this subsection photocopy, scan, or dispose of legal mail.

(g) The Department may not destroy mail subject to a legal hold notice directing that an incarcerated individual’s general mail be retained.

(h) A document destruction services contractor shall collect and destroy the stored original general mail at the expiration of the period specified in §A(2)(b) of this regulation.

B. The Department shall:

(1) Develop pilot projects in cooperation with representatives of recognized advocacy organizations dedicated to ensuring the wellbeing and fair treatment of incarcerated individuals; and

(2) Provide adequate notice of a pilot program through the Maryland Register and the Department’s public website so that an interested individual has a reasonable opportunity to be informed.

Cross References

12.03.03.01B(7)(b)

12.03.03.06E(2)

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.04 Indigent Incarcerated Individual’s Mail.

A. Upon the request of an indigent incarcerated individual, staff shall provide an incarcerated individual with pen, paper, envelopes, and first-class postage for seven letters per week.

B. If an incarcerated individual requires additional materials or postage for legal correspondence, an incarcerated individual may request these through the mailroom supervisor or designee.

C. The mailroom supervisor shall grant the request for additional materials or postage for legal correspondence, unless it is determined that the postage provision is being abused, in which case the mailroom supervisor shall refer the request and findings to the managing official, or designee, for disposition.

D. The mailroom supervisor shall encourage the indigent incarcerated individual to set mail priorities within the seven-letter allowance.

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.05 Outgoing General Mail.

A. The managing official shall ensure that staff assigned to forward general mail to the United States Postal Service or other recognized courier date-stamp the outgoing general mail on the date it is received from the incarcerated individual.

B. Except as provided in §F of this regulation, outgoing general mail may not be held for more than 24 hours excluding weekends and holidays.

C. An incarcerated individual shall include an incarcerated individual’s own name, identification number, and the return address of the correctional facility on outgoing mail.

D. If an incarcerated individual wants to mail money from the incarcerated individual’s account with a letter, an incarcerated individual shall forward the letter and an unsealed envelope, together with the proper withdrawal voucher, to the person or unit designated by internal correctional facility directives.

E. The managing official or designee may not open outgoing general mail unless clear evidence exists to warrant inspection.

F. The managing official or designee who opens and inspects outgoing general mail shall:

(1) Ensure that the reasons for the inspection and results of the inspection are documented; and

(2) Withhold outgoing general mail only when it is:

(a) Found to contain contraband;

(b) Evidence for a rule violation under COMAR 12.03.01; or

(c) A basis for requesting an investigation by the Department’s Intelligence and Investigative Division or other law enforcement agency.

Cross References

12.03.03.10C

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.06 Incoming General Mail.

A. A person sending general mail to an incarcerated individual shall:

(1) Include an incarcerated individual’s name and identification number on the outside of the envelope; and

(2) Ensure that the general mail envelope:

(a) Is not larger than 12 inches wide or 15 inches long;

(b) Does not exceed 3.5 ounces; and

B. When a single piece of incoming general mail sent to an incarcerated individual exceeds the allowable size, weight, or content specified in §A(2) of this regulation, correctional staff shall issue a notification to the incarcerated individual indicating that a piece of oversized mail was received and returned to the sender.

C. When the overall volume of an incarcerated individual’s general mail exceeds a limitation imposed by a managing official, correctional staff shall follow the procedures established in Regulation .09 of this chapter.

D. Inspection and Delivery of Incoming Mail.

(1) Correctional staff shall open incoming general mail before delivery to an incarcerated individual, and inspect it only for:

(a) Money orders;

(b) Cash;

(d) Checks; and

(e) Contraband.

(2) Correctional staff shall follow established procedures for handling money orders, cash, stamps, checks, and contraband received in the mail.

(3) Inspected incoming general mail shall be delivered as set forth in Regulation .02F of this chapter.

E. Document Reproduction and Delivery.

(1) Following inspection, incoming general mail at a pilot site shall be reproduced by photocopy or electronic scan, to include:

(a) Every side of each page or item contained in or on the envelope;

(b) The outer envelope, including the incarcerated individual’s mailing address and the sender’s return address; and

(c) All enclosed contents, including a letter, postcard, or other form of correspondence, photographs, drawings, printed material, and publication clippings.

(2) Disposition and destruction of original general mail after photocopying or electronic scanning shall be handled as set forth in Regulation .03A of this chapter.

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.07 Packages.

A. In accordance with COMAR 12.02.17, all packages received by mailroom staff, regardless of external packaging and point of origin, shall be inspected and delivered to a correctional facility’s incarcerated individual property room to be inventoried and inspected to ensure that:

(1) The package does not contain contraband;

(2) Ownership of the purchased or received property, good, or retail item is properly established and documented; and

(3) The incoming property does not exceed the established limits of an incarcerated individual’s personal property allowance.

B. Upon receipt of a package, mailroom staff or the property officer shall notify an incarcerated individual within 48 hours that an incarcerated individual’s package has been delivered to the incarcerated individual property room for inspection and inventory.

C. The incoming property delivered to a correctional facility as a package for an incarcerated individual may not be held for inspection and inventory for more than 7 business days, except when it contains contraband or exceeds the allowable property amount as set forth in COMAR 12.02.17.02.

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.08 Legal Mail.

A. Incoming or outgoing mail that is marked as, or purports to constitute, legal mail but does not meet the definition of legal mail shall be:

(1) Refused and returned to sender; or

(2) If reasonable cause exists to believe that the mail has been sent for a fraudulent or criminal purpose, forwarded to the Department’s Intelligence and Investigative Division.

B. When legal mail is delivered to an incarcerated individual:

(1) It shall be delivered to the incarcerated individual to whom it is addressed by:

(a) Mailroom staff; or

(b) Non-mail-room staff authorized to deliver mail to an incarcerated individual;

(2) Mailroom staff shall log receipt and disposition of the legal mail in accordance with facility procedures for logging incarcerated individual legal mail which, at a minimum, records:

(a) The date received by the mailroom;

(b) The incarcerated individual’s name, identification number, and housing assignment verified by the facility’s traffic and housing assignment report;

(d) The number of legal mail items being delivered to an incarcerated individual;

(e) The incarcerated individual’s acceptance or refusal of the legal mail; and

(f) If appropriate, the disposition of legal mail refused by an incarcerated individual;

(3) Mailroom staff shall make a photocopy of the envelope containing the legal mail; and

(4) Mailroom and correctional staff delivering the legal mail to an incarcerated individual shall:

(a) Properly identify an incarcerated individual by inspecting an incarcerated individual’s facility identification card and the information from the traffic and housing assignment reports;

(b) Open the envelope in the presence of the incarcerated individual to whom it is addressed;

(d) Deliver the contents and the photocopy of the envelope used to send the legal mail;

(e) Have an incarcerated individual sign a receipt for the delivery of legal mail or, if appropriate, a refusal to accept the legal mail; and

(f) Return the original envelope and the receipt or refusal for legal mail to the mailroom for disposition according to facility procedures.

Cross References

12.03.03.02C

12.03.03.02F(3)

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.09 Limiting Mail Volume.

A. As stated in Regulation .02 of this chapter, the volume of general mail an incarcerated individual sends or receives may not be limited unless there is substantial justification.

B. The managing official, or designee, shall make the decision to limit the volume of an incarcerated individual’s general mail on a case-by-case basis.

C. Just cause for limiting the volume of mail an incarcerated individual sends or receives includes:

(1) An increased and substantiated risk for the introduction of contraband to the correctional facility;

(2) Placement of an undue burden upon mailroom staff to inspect and process an incarcerated individual’s mail within the allotted time frames; and

(3) If delivered, the volume of received mail would cause an incarcerated individual to exceed the limits of an incarcerated individual’s personal property allowance.

D. Notification of General Mail Volume Being Limited.

(1) Staff shall provide an incarcerated individual and, if applicable, the sender with two copies of a written notification that describes the limitations to be placed on the volume of an incarcerated individual’s general mail, and set forth the reasons for the limitations in detail.

(2) The notification constitutes a written report signed by the managing official of the decision to limit the volume of an incarcerated individual’s general mail and shall include:

(a) A summary of the evidence;

(b) The decision;

(d) The facts upon which the decision is based.

(3) Staff shall provide the written notification to an incarcerated individual and the sender, if applicable, within 48 hours of the managing official placing the limitation on an incarcerated individual’s general mail volume.

(4) Staff shall advise an incarcerated individual and, if applicable, the sender that a written appeal may be filed within 10 business days from the date an incarcerated individual is notified of the managing official’s decision to limit the incarcerated individual’s volume of mail.

(5) The notification provides a section for the incarcerated individual or sender to appeal the decision.

E. General Mail Exceeding the Permissible Volume.

(1) If an incarcerated individual for whom a volume limit has been set is sent an amount of general mail that exceeds the permissible volume and the excess portion can be reasonably severed then staff shall give the incarcerated individual to whom the item is addressed the choice of:

(a) Returning the mail as a whole; or

(b) Receiving the acceptable portion and disposing of the excess portion by selecting one of the methods listed under §E(2) of this regulation.

(2) An incarcerated individual may choose to dispose of the excess portion of general mail by:

(a) Destroying it;

(b) Returning it to the sender or sending it to an address specified by an incarcerated individual at an incarcerated individual’s expense;

(d) Arranging for it to be picked up by a visitor in accordance with established procedures.

(3) If the sender has not previously been notified of the managing official’s decision to limit the volume of the incarcerated individual’s mail, the incarcerated individual or the sender, or both, may appeal to the managing official as set forth in §F of this regulation.

F. Appeal Process for Limitations on Volume of Received General Mail.

(1) If an incarcerated individual or sender objects to the limitation, the incarcerated individual or sender, or both, may, not more than 10 business days after receipt of managing official’s written decision under §D(5) of this regulation, file an appeal with the managing official.

(2) Pending the outcome of the appeal process through the incarcerated individual grievance process, correctional staff shall securely store the excess volume of mail.

(3) The managing official shall respond to an incarcerated individual and sender’s appeal within 5 business days of receipt of the appeal.

(4) If a managing official fails to respond to an appeal within 5 business days, the incarcerated individual or the sender, or both, may appeal to the Commissioner or Director, as applicable.

(5) Staff shall send a written notification to the incarcerated individual and, if applicable, the sender that includes:

(a) The managing official’s decision regarding the appeal; and

(b) Information on how to appeal the managing official’s decision to the Commissioner or Director.

(6) Not more than 5 business days after receiving the managing official’s response to the appeal or the failure of the managing official to respond to an appeal, the incarcerated individual or sender, or both, may send a written appeal of the managing official’s decision, or failure to respond, to the Commissioner or Director, as applicable, and state the reasons for the appeal.

G. Within 5 business days of receiving the incarcerated individual or sender’s written appeal, the Commissioner or Director, as applicable, shall affirm, reverse, or modify the managing official’s decision to limit the volume of an incarcerated individual’s mail.

H. An incarcerated individual may appeal the Commissioner’s or Director’s response to the Incarcerated Individual Grievance Office.

Cross References

12.03.03.06C

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.10 Withholding Mail.

A. The managing official, or designee, shall make the decision to withhold mail on an item-by-item basis, and an item excluded on one occasion may not be routinely excluded on another occasion.

B. The managing official, or designee, may not withhold an incarcerated individual’s mail for religious, philosophical, political, social, or sexual content, unless it meets the definition of sexually explicit mail as set forth in Regulation .01 of this chapter, or because the content of the incarcerated individual’s mail is unpopular or repugnant.

C. Incoming mail as set forth in Regulation .05 of this chapter may be withheld:

(1) As a whole if the mail in its entirety is subject to rejection; or

(2) In part if only a portion or a particular section or item within the mail is subject to rejection.

D. Notification of Mail Being Withheld.

(1) Staff shall provide an incarcerated individual and the sender with two copies of a written notification that describes the contraband information or materials that are being withheld, and set forth the reason for withholding the mail in detail.

(2) The notification constitutes a written report of the managing official’s decision to withhold the contraband information or materials in a piece of mail, and the notification shall include:

(a) A summary of the evidence;

(b) The decision;

(d) The facts upon which the decision is based.

(3) Staff shall provide the written notification to an incarcerated individual within 48 hours after the managing official’s decision to withhold contraband information or materials from an incarcerated individual.

(4) The written notification provides a section for the sender or incarcerated individual to appeal the managing official’s decision.

E. If the rejected portion can be reasonably severed, and before removal of any portion of the piece of mail, staff shall give an incarcerated individual to whom the mail is addressed the choice of:

(1) Returning the mail as a whole;

(2) Receiving the acceptable portion and disposing of the rejected portion by:

(a) Destroying it;

(b) Sending it to an address specified by an incarcerated individual at an incarcerated individual’s expense;

(d) Arranging for it to be picked up by a visitor in accordance with established procedures;

(3) Disposing of the mail as a whole by selecting one of the methods listed under §E(2)of this regulation; or

(4) Appealing to the managing official.

F. Appeal Process for Withheld Mail.

(1) If the rejected portion of the mail cannot be severed, can be severed, or if the mail is being withheld in its entirety, and the incarcerated individual to whom the mail is addressed chooses to appeal, staff shall advise an incarcerated individual and, if applicable, the sender that a written appeal may be filed within 10 business days from the date an incarcerated individual is notified of the managing official’s decision to limit the incarcerated individual’s volume of mail.

(2) Pending the outcome of the appeal process, correctional staff shall securely store the withheld mail.

(3) The managing official shall respond within 5 business days to an incarcerated individual or sender’s appeal.

(4) If a managing official fails to respond to an appeal within 5 business days of receipt, the incarcerated individual or the sender, or both, may send a written appeal of the withholding decision to the Commissioner or Director, as applicable.

(5) Staff shall send a written notification to the incarcerated individual and, if applicable, the sender that includes:

(a) The managing official’s decision regarding the appeal; and

(b) Information on how to appeal the managing official’s decision to the Commissioner or Director.

G. The Commissioner or Director, as applicable, shall affirm, reverse, or modify the managing official’s decision within 5 business days of receiving the incarcerated individual or sender’s written appeal.

H. An incarcerated individual may appeal the Commissioner’s or Director’s response to the Incarcerated Individual Grievance Office.

I. If the decision of the managing official, Commissioner, or Director, in cases when an appeal is taken, is that mail as a whole shall be withheld from an incarcerated individual, staff shall dispose of the mail by:

(1) Sending the mail at an incarcerated individual’s expense to the sender or to any addressee an incarcerated individual chooses; or

(2) Disposing of the mail in a manner specified by an incarcerated individual and approved by the managing official.

J. If only a portion of the mail is withheld, the rejected portion shall be removed and the remainder delivered to the incarcerated individual within 5 business days after the final decision.

K. The withheld and removed portion of the mail shall be handled as set forth in §I of this regulation.

Cross References

12.03.03.03A(2)(b)(ii)

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.11 Undeliverable Mail.

A. If mail is received for an incarcerated individual for whom no forwarding address is available, or if an incarcerated individual has escaped or died, staff shall return the first-class and legal mail to the sender.

B. Unless the postal endorsement requires forwarding or return to sender, staff shall discard undeliverable second-class and third-class mail addressed to an incarcerated individual not assigned to the correctional facility.

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

COMAR 12.03.03.12 Additional Requirements of the Managing Official.

A. A managing official shall ensure that employees who handle incarcerated individual mail are familiar with the requirements of this chapter.

B. A managing official shall develop a correctional facility mail security plan that, at minimum, addresses:

(1) Risk assessment;

(2) A plan to protect staff and other individuals from hazards that may be delivered in the mail;

(3) Standard operating procedures;

(4) Security screening procedures;

(5) Training of mailroom staff;

(6) Testing and preparedness responses to emergency situations;

(7) Threat management; and

(8) Annual reviews of a correctional facility’s mail security plan.

History

Administrative History: Effective date: February 19, 2024 (51:3 Md. R. 154)
Authority: Correctional Services Article, §§2-109(c), 3-205, and 4-208, Annotated Code of Maryland

12.04 POLICE TRAINING AND STANDARDS COMMISSION

12.04.01 General Regulations

COMAR 12.04.01.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Academy” means a college, school, training unit, or training facility approved or certified by the Commission under this chapter to conduct police officer entrance-level training programs.

(2) “Application for certification (AFC)” means a form approved by the Commission that is an official record verifying that an applicant has met the applicable Commission selection standards for a position as a police officer.

(3) Agency Head.

(a) “Agency head” means:

(i) A police chief, sheriff, administrator, department head, an individual in an equivalent position, or designee; or

(ii) An individual appointed, employed, or elected to manage, administer, or supervise a law enforcement agency, or a designee.

(b) “Agency head” includes a director of an academy, personnel unit, or training unit, or designee authorized to act in employment or training matters.

(4) “Cannabimimetic agent” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.

(5) “Certification” means the legal authority under Public Safety Article, §3-209, Annotated Code of Maryland, conferred by the Commission, authorizing an individual to exercise law enforcement powers and enforce the criminal laws of Maryland.

(6) 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 Police Training Commission, now known as the Police Training and Standards Commission.

(7) Controlled Dangerous Substance.

(a) “Controlled dangerous substance”, unless specified otherwise, has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.

(b) “Controlled dangerous substance”, unless specified otherwise, includes substances identified under Criminal Law Article, §5-708, Annotated Code of Maryland.

(c) “Controlled dangerous substance” does not include medication supported by prescription if used, received, or distributed without criminal intent and for legitimate medical purposes.

(8) “Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or a designee.

(9) “Executive Director” means the Executive Director of the Police and Correctional Training Commissions, or a designee.

(10) “First-line administrator” means a police officer promoted to a position that is designated by the law enforcement agency as exercising first-line administrative powers as defined under Public Safety Article, §3-215, Annotated Code of Maryland, for police administrator.

(11) “First-line supervisor” means a police officer promoted to a position that is designated by the law enforcement agency as exercising first-line supervisory powers as defined under Public Safety Article, §3-215, Annotated Code of Maryland, for police supervisor.

(12) Law Enforcement Agency.

(a) “Law enforcement agency” has the meaning stated under Public Safety Article, §3-201, Annotated Code of Maryland.

(b) “Law enforcement agency” includes a training or personnel unit authorized to act in training or employment matters.

(13) Marijuana.

(a) “Marijuana” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.

(b) “Marijuana” does not include:

(i) Synthetic cannabinoids; or

(ii) Cannabimimetic agents.

(14) Mental Health Professional.

(a) “Mental health professional” means an individual who is certified by the appropriate health occupations board, as provided by the Health Occupations Article, §1-102, Annotated Code of Maryland, and licensed to practice:

(i) Medicine;

(ii) Psychology;

(iii) Clinical social work; or

(iv) Clinical professional counseling.

(b) “Mental health professional”, unless specifically stated otherwise in this chapter, includes an individual referred to as a:

(i) Psychiatrist licensed to practice medicine as defined in Health Occupations Article, §14-101, Annotated Code of Maryland;

(ii) Psychologist licensed to practice psychology as defined in Health Occupations Article, §18-101, Annotated Code of Maryland;

(iii) Licensed certified social worker-clinical authorized to practice clinical social work as defined in Health Occupations Article, §19-101, Annotated Code of Maryland; or

(iv) Certified professional counselor licensed to practice clinical professional counseling as defined in Health Occupations Article, §17-101, Annotated Code of Maryland.

(15) “Motorcycle” has the meaning stated in Transportation Article, §11-136, Annotated Code of Maryland, and is designated as an emergency vehicle in accordance with Transportation Article, §11-118(1), Annotated Code of Maryland.

(16) “Narcotic drug” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.

(17) Nonofficer Status.

(a) “Nonofficer status” means a situation in which a police officer, who continues to be employed by a law enforcement agency, is temporarily relieved of law enforcement powers by the law enforcement agency:

(i) For medical or administrative reasons that prevent the officer from completing Commission-required training; or

(ii) For the purpose of suspending Commission-required training.

(b) “Nonofficer status” does not affect the officer's certification or eligibility for certification or recertification.

(18) “Police officer” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.

(19) Probationary Period.

(a) “Probationary period” has the meaning stated in Public Safety Article, §3-215, Annotated Code of Maryland, for probationary appointment.

(b) "Probationary period' does not relate to or restrict a probationary period that may be imposed by the hiring agency.

(20) “Provisional certification” means the probationary appointment of an individual as a police officer under Public Safety Article, §3-215, Annotated Code of Maryland.

(21) “Psychological evaluation” means:

(a) The administration of an assessment instrument with documented reliability, validity, and other empirical evidence intended to measure, at a minimum, an individual’s integrity, ethics, and interpersonal communication skills; and

(b) An in-person interview performed by a mental health professional as defined in this regulation.

(22) “Supplemental information” means information in the possession of a law enforcement agency, or that becomes known to the Commission, concerning an individual who is a police officer or an applicant for certification as a police officer that indicates the individual:

(a) May not have the ability to perform the duties of a police officer;

(b) May not meet a qualification for the police officer selection standards under this chapter;

(d) Has separated from employment:

(i) Involuntarily; or

(ii) Prior to issues being resolved that are related to the individual’s eligibility to continue the employment.

(23) “Synthetic cannabinoid” means a human-made psychoactive substance or cannabimimetic agent that is a liquid that can be vaporized or inhaled, applied to a dry material such as shredded plant material or paper so that it can be smoked, or consumed with or without food or drink.

(24) “Temporary certification” means a time-limited provisional certification authorized by the Commission for a previously certified applicant for recertification when that applicant:

(a) Is employed by another law enforcement agency within 90 days of separation in good standing from the previous law enforcement agency; and

(b) Meets applicable Commission standards.

(25) “Truth verification device” means electronic equipment or technology designed and validated to test the veracity of an individual's statements or answers to questions by analyzing the physical reaction of the individual providing the statement or answering questions.

Cross References

12.04.01.16B(1)

12.04.01.16B(3)

12.04.09.02B(3)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.02 General Requirements and Processing and Recording Employment Status.

A. Completion of Application for Certification (AFC).

(1) An agency head shall complete an AFC for a police officer hired by a law enforcement agency in the State when applying for provisional certification or certification.

(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 the Commission's selection standards have been met; and

(b) Include the:

(i) Date the applicant completed the certification requirements; and

(ii) Agency head's telephone number.

(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 separate administrative or legal action.

B. Filing the AFC.

(1) An agency head shall submit the AFC to the Commission if the agency head has, within 1 year before submitting the AFC:

(a) Completed or verified for the applicant each of the selection standards as required under Regulation .04 or .08 of this chapter; and

(b) Determined that the applicant meets each of the selection standards under Regulation .04 or .08 of this chapter.

(2) The Commission shall issue a provisional certification or certify the applicant as a police officer after receipt of the properly completed AFC indicating the completion of applicable Commission selection standards under Regulation .04 or .08 of this chapter.

(3) An applicant for certification as a police officer may not legally exercise the authority of a police officer until the applicant is issued a provisional certification or certification by the Commission.

C. Notification of Change of Employment or Certification Status.

(1) An agency head shall notify the Commission in writing whenever a police officer:

(a) Is separated from employment as a police officer, by death, retirement, dismissal, reclassification to a civilian position, or resignation;

(b) Becomes ineligible under federal or Maryland law to possess or use a handgun;

(d) Is promoted to first-line supervisor;

(e) Is promoted to first-line administrator; or

(f) Is placed on nonofficer status for more than 30 days when that status prevents the officer from meeting the Commission's training standards.

(2) An agency head shall report changes in a police officer's status under this section within 30 days of the change in a format or on a form approved by the Commission.

(3) An agency head shall include in the notification under §C(2) of this regulation:

(a) The certified police officer's name and Commission-assigned identification number;

(b) The date of the action;

(d) In the case of separation as a police officer, information indicating whether, at the time of the separation or placement on nonofficer status, the police officer was under:

(i) Criminal or administrative investigation;

(ii) Indictment;

(iii) Formal charges;

(iv) Suspension; or

(v) Other similar action.

(4) Criminal Charges.

(a) An agency head shall notify the Commission when a police officer is:

(i) Convicted of a felony;

(ii) Convicted of a misdemeanor punishable by imprisonment for 1 year or more; or

(iii) Separated from employment while criminal charges filed against the police officer were pending and any pending charge was a felony, or misdemeanor punishable by imprisonment for 1 year or more.

(b) An agency head shall include in the notification under §C(4)(a) of this regulation information concerning the conviction or allegations being reported.

(c) An agency head shall submit the notification under §C(4)(a) of this regulation to the Commission, on a form or in a format approved by the Commission, within 10 days of:

(i) The date the conviction for the criminal charges became known to the agency head; or

(ii) Separation from employment as a police officer.

(5) An agency head shall make the notification under §C(4)(a) of this regulation regardless of the outcome of administrative plea negotiation.

(6) Audit and Records.

(a) The Commission has the legal authority to audit records of selection standards and training provided according to this chapter.

(b) A law enforcement agency or academy shall retain records of an individual's training for a minimum of 3 years from the date the individual completed the training.

Cross References

12.04.01.08C

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.03 Provisional Certification.

A. The Commission may grant an applicant a provisional certification after the applicant meets applicable selection standards under Regulation .04 of this chapter.

B. An applicant for certification as a police officer may not:

(1) Exercise the authority of a police officer to enforce the criminal laws of Maryland unless the Commission has issued the individual a provisional certification or certification; and

(2) Carry or use a firearm unless the individual has successfully completed firearms training and qualification requirements under Regulation .09H of this chapter and COMAR 12.04.02.

C. An individual who is granted a provisional certification may not exercise the authority of a police officer beyond the period that the provisional certification is valid, unless the individual is granted certification as a police officer.

D. Provisional certification is valid until:

(1) 365 cumulative days have elapsed from the initial date of provisional certification;

(2) It is determined that applicable selection standards have not been met;

(3) The officer is certified as a police officer;

(4) The police officer's employment is terminated; or

(5) The Commission recalls the provisional certification under Public Safety Article, §3-213, Annotated Code of Maryland.

E. A provisional certification under this regulation may be issued to an individual who was formerly certified as a police officer who:

(1) Has not been employed as a police officer with a law enforcement agency for over 3 years; and

(2) Meets the applicable selection standards under Regulation .04 of this chapter.

F. Probationary Period.

(1) After an individual has met selection standards under Regulation .04 of this chapter and received a provisional certification, the Commission shall grant a probationary period of up to 365 days to the police officer to perform law enforcement duties while awaiting the opportunity to obtain the required training under this chapter.

(2) The probationary period begins on the day that a police officer receives provisional certification from the Commission.

(3) The 365-day period is cumulative and may not be increased by multiple employments at different law enforcement agencies or periodic employment with the same law enforcement agency.

(4) If a police officer transfers as a new employee from one law enforcement agency to another before successfully completing the required entrance-level training, the probationary period continues from the date of the first provisional appointment, minus any time not employed as a police officer for a law enforcement agency.

Cross References

12.04.01.07C(2)

12.04.01.07D(2)

12.04.01.17B

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.04 Selection Standards for Provisional Certification.

A. Age. An applicant for the position of police officer:

(1) Shall be 21 years old or older to be eligible for provisional certification; and

(2) May attend an academy while younger than 21 years old but may not perform law enforcement duties until the applicant is 21 years old and provisionally certified.

B. Citizenship. An applicant for the position of police officer shall:

(1) Be either:

(a) A United States citizen; or

(b) A permanent legal resident of the United States who:

(i) Is an honorably discharged veteran of the United States Armed Forces; and

(ii) Has submitted an application for United States citizenship that is pending approval; and

(2) Submit documents to the hiring law enforcement agency that support a claim of:

(a) Citizenship; or

(b) Permanent legal residency and proof of a pending application for United States citizenship.

C. Education.

(1) An applicant for the position of police officer shall possess a:

(a) High school diploma issued by a high school or recognized by the State Board of Education; or

(b) General Education Development (GED) certificate or diploma:

(i) Issued by Maryland or another state, or

(ii) Recognized by the State Board of Education.

(2) The law enforcement agency may accept a college degree in place of the requirements under §C(1) of this regulation.

(3) In the absence of a copy of a diploma, an agency head may accept a certified transcript indicating that an applicant successfully completed the requirements for graduation from a high school or college.

(4) An agency head shall maintain a copy of the appropriate diploma or other acceptable documentation.

(5) If a GED test was taken outside Maryland or while in the military service, and no certificate or diploma has been issued by a state:

(a) An applicant shall submit a copy of the GED test scores to the agency head; and

(b) The test results may be accepted by the Commission if they are consistent with the requirements established by the State Board of Education.

(6) The agency head hiring the applicant shall indicate the appropriate information documenting the applicant's completion of the education requirements on the AFC.

D. An individual may not be a police officer applicant, or maintain police officer certification, unless the individual is eligible under federal and Maryland law to possess and use a handgun.

E. Background Investigations and Criminal History.

(1) An agency head shall perform a background investigation and criminal history investigation, including a fingerprint check, according to the requirements under Regulation .05 of this chapter.

(2) As part of the background investigation, an agency head shall investigate an applicant's prior use of controlled dangerous substances, narcotic drugs, and marijuana as specified under Regulation .16 of this chapter.

F. Physical and Mental Health Examinations.

(1) Before an applicant may be selected for a position as a police officer, the applicant shall be examined by and receive a recommendation from a licensed, trained, and qualified medical doctor indicating that the applicant is physically able to:

(a) Perform the duties of a police officer as determined by the employing law enforcement agency; and

(b) Participate in the entrance-level training program.

(2) Before an applicant may be selected for a position as a police officer, a mental health professional shall conduct a psychological evaluation of the applicant and offer a positive recommendation indicating that the applicant is:

(a) Emotionally and mentally fit; and

(b) Able to perform the duties of a police officer as these duties are determined by the law enforcement agency.

(3) Certification of Results.

(a) An agency head shall include, on the AFC, the following information concerning the licensed, trained, and qualified medical doctor and mental health care professional examining the applicant:

(i) Name;

(ii) Address; and

(iii) Date of the examination.

(b) The agency head hiring the applicant shall maintain documentation concerning the examinations required under this section supporting that the applicant is physically and mentally and emotionally fit for the duties of a police officer.

G. Oral Interview.

(1) An agency head shall:

(a) Require an oral interview to assess the applicant's ability to communicate; and

(b) Record the date of the interview and the name of the interviewer on the AFC.

(2) An agency head shall maintain a record of the interview.

H. Drug Screening.

(1) An applicant shall receive a drug screening to test for controlled dangerous substances, narcotic drugs, and marijuana as specified in Regulation .15 of this chapter.

(2) The hiring agency head shall maintain a record of the drug screening results and record the results on the AFC.

(3) If the test results exceed the levels under Regulation .15 of this chapter, the Commission may not certify the applicant unless the positive screen for a controlled dangerous substance, narcotic drugs, or marijuana was determined to be the result of a legitimate ingestion or exposure as established under Regulation .16 of this chapter.

I. Driver's License and Driving Record.

(1) The applicant shall possess a valid driver's license.

(2) The agency head hiring the applicant shall:

(a) Perform a check of the applicant's driving record and maintain a copy of the results; and

(b) Record on the AFC the applicant's driver's license number, the state of issue, and an indication that the driving record has been reviewed.

J. This regulation does not prohibit an agency head from establishing more restrictive standards than those of the Commission for selection of an applicant for the position of police officer.

K. An agency head may submit a request for a waiver of standards under this regulation according to the requirements under Regulation .14 of this chapter.

Cross References

12.04.01.03A

12.04.01.03E(2)

12.04.01.03F(1)

12.04.01.06A(1)(a)

12.04.01.06A(3)

12.04.01.07D(1)(b)(i)

12.04.01.07D(2)

12.04.01.08B(1)(f)

12.04.01.08B(1)(g)(ii)

12.04.01.09I(3)(a)

12.04.01.11B(2)(b)

12.04.01.14E(7)(a)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.05 Background Investigation and Criminal History.

A. Background Investigation.

(1) An agency head or authorized agency under §A(7) of this regulation shall perform a comprehensive background investigation to determine if an applicant:

(a) Is of good moral character and reputation;

(b) Is emotionally stable; and

(2) An agency head shall ensure that a background investigation includes:

(a) A check of military records, when applicable, including obtaining a complete copy of the discharge document;

(b) A report from a credit agency regarding the applicant's current and past credit history;

(c) An examination of school records or interviews with school officials if the applicant attended school within the last 5 years;

(d) Interviews of:

(i) Personal references furnished by the applicant;

(ii) Neighbors of the applicant within the past 5 years;

(iii) Current and past employers within the last 5 years;

(iv) Coworkers within the last 5 years; and

(e) An investigation of the prior use of controlled dangerous substances, narcotic drugs, and marijuana by the applicant as specified under Regulation .16 of this chapter.

(3) An agency head shall use the background investigation to determine whether information concerning the applicant's citizenship, mental and emotional fitness, and other information is valid and the applicant is otherwise capable of performing law enforcement duties.

(4) Interviews may be conducted:

(a) In person;

(b) By telephone;

(d) By using other lawful methods designed to elicit useful information from an individual concerning the applicant.

(5) Personal Interview.

(a) A personal interview conducted as part of a background investigation is considered appropriate when an interviewee is available within 50 miles of the law enforcement agency.

(b) Personal references and others residing outside the State may be contacted by correspondence or telephone.

(6) Out-of-State Applicants.

(a) When the applicant has resided or been employed out-of-State, the background investigation may be performed by an appropriate law enforcement agency or a legitimate private background investigation agency in that area where the applicant lived or worked outside the State.

(b) If an applicant has been employed as a police officer for the federal government or in another state, the agency head shall:

(i) Report the law enforcement agency's name and jurisdiction on the AFC; and

(ii) Forward with the AFC any supplemental information obtained from the previous out-of-State law enforcement agency or any other source.

(7) Investigations by Other Agencies.

(a) The hiring law enforcement agency may conduct the background investigation or may authorize another individual, office, or agency to conduct the background investigation.

(b) The Maryland State Police or a local law enforcement agency may assist the hiring law enforcement agency in the background investigation.

(8) If an applicant has received a special police commission, background information used during the investigation for the special police commission may be applied when the information meets the requirements of this regulation.

(9) An agency head hiring an applicant shall:

(a) Maintain a record of the background investigation; and

(b) Record the results on the AFC.

(10) Supplemental Information.

(a) If Supplemental information is developed, the agency head shall submit details with the AFC to the Commission.

(b) The Commission may refuse to certify the applicant based upon written verified supplemental information.

B. Criminal Record Checks and Fingerprints.

(1) An agency head submitting an AFC for an applicant to be certified as a police officer shall require that the applicant:

(a) Be fingerprinted; and

(b) Apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services for a State and national criminal history records check.

(2) An applicant applying for a criminal history records check under this section shall request that the results of the criminal history records check be provided to the:

(a) Applicant;

(b) Commission; and

(3) Record of Criminal Conviction. If the results of the criminal history records check reveal that an applicant has been convicted or otherwise found guilty of a felony, or a misdemeanor for which a sentence of imprisonment for 1 year or more could have been imposed, the Commission shall include available information concerning the conviction with Commission records related to the applicant’s AFC.

(4) The Commission shall notify the applicant that the applicant may contest the contents of the criminal history records check in accordance with Criminal Procedure Article, Title 10, Annotated Code of Maryland.

(5) The Commission may refuse to certify an applicant based on supplemental information resulting from the criminal history records check or other verified reliable source.

Cross References

12.04.01.04E(1)

12.04.01.08E(3)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.06 Police Officer Certification.

A. Certification Requirements.

(1) The Commission shall certify an individual as a police officer who:

(a) Meets all selection standards under Regulation .04 of this chapter;

(b) Completes the applicable training under Regulation .09 of this chapter; and

(2) Recertification. The Commission shall recertify an individual formerly certified as a police officer in Maryland who meets:

(a) Applicable training standards under Regulation .07 of this chapter; and

(b) Selection standards under Regulation .08 of this chapter.

(3) A certified police officer who fails to obtain United States citizenship as set forth in Regulation .04 of this chapter within 3 years shall be reviewed by the Commission.

B. Certification Period. The Commission shall certify an individual who meets the Commission's selection and training standards as a police officer for an initial period based on a schedule determined by the Commission.

C. Renewal of Certification.

(1) The Commission shall automatically renew a police officer's certification, without application, on or before the expiration of the certification, if the police officer:

(a) Remains employed with the same law enforcement agency;

(b) Continues to meet the Commission's selection and training standards for a police officer; and

(2) Once the initial period of certification is established, subsequent renewal of a police officer's certification shall be based on a schedule determined by the Commission.

(3) If a police officer's certification is to expire because the police officer did not meet Commission training standards, at least 30 days before the certification expires, the Commission shall notify the police officer's agency head of the pending expiration.

(4) An agency head receiving notification under §C(3) of this regulation is responsible for notifying the police officer within a reasonable amount of time of the pending expiration.

(5) If a police officer's certification expires, is revoked, or is terminated, the police officer's agency head shall ensure that the individual does not perform the law enforcement duties of a police officer.

D. Certification Card.

(1) The Commission shall issue a certification card:

(a) To a police officer who has met all Commission certification requirements under this chapter; and

(b) That contains information in a form determined by the Commission.

(2) Issuing a certification card to a police officer indicates the police officer's authority to enforce the criminal laws of Maryland.

(3) Replacement of and costs for replacing a previously issued, current certification card is the responsibility of the law enforcement agency.

(4) Unless determined to be inappropriate by the agency head due to operational assignment, such as covert operations, a police officer shall carry the certification card at all times while the police officer is on duty status.

(5) A certification card issued by the Commission expires at midnight on the date printed on the card or upon termination of employment as a police officer.

E. Request for Training Information.

(1) Before a police officer's certification expires, the Commission shall require the police officer's agency head to verify the police officer's training.

(2) An agency head shall provide the Commission with the training records requested under §E(1) of this regulation before the Commission issues a new certification card for the police officer.

F. Return of Certification Card.

(1) An agency head shall return a certification card issued under this chapter to the Commission within 30 working days of the date when a:

(a) Police officer separates from employment; or

(b) Police officer's certification is suspended, revoked, or recalled by the Commission under this chapter or Public Safety Article, §§3-212—3-213, Annotated Code of Maryland.

(2) An agency head shall retain the certification card of a police officer on nonofficer status until the police officer returns to active duty or is separated from employment.

G. Multiple Certification.

(1) An individual may be employed as a police officer by more than one law enforcement agency at the same time.

(2) For each law enforcement agency at which an individual is employed as a police officer, the individual shall:

(a) Meet applicable Commission-required selection and training standards for certification;

(b) Be certified at each law enforcement agency; and

(3) An agency head hiring a currently certified police officer:

(a) May use some of the results of the background investigation performed by the initial employing law enforcement agency; and

(b) Shall perform new local, State, and national fingerprint checks and a new drug screening.

(4) A police officer working as a police officer at multiple law enforcement agencies:

(a) Shall meet applicable Commission training standards as if employed at one law enforcement agency; and

(b) May meet Commission training requirements through training provided by one or more employing law enforcement agencies.

(5) The police officer shall meet the Commission's firearms qualification and training requirements for the firearm authorized by each law enforcement agency employing the police officer.

(6) The Commission shall notify each agency head employing the same police officer when the Commission issues multiple certifications for a police officer.

H. Waivers. An individual may be eligible for a waiver of certain entrance-level training requirements under Regulation .14E of this chapter if the individual:

(1) Was employed within the last 5 years as a police officer in another state or for the federal government and completed a basic police officer entrance-level training program; or

(2) Completed a basic police officer entrance-level training program within the last 2 years.

I. Temporary Certification.

(1) The Commission shall issue a temporary certification to an individual:

(a) Previously certified as a police officer in Maryland;

(b) Hired as a police officer by another law enforcement agency within 90 days of separation from employment with a law enforcement agency;

(d) Who meets applicable:

(i) Selection standards under Regulation .08 of this chapter, except for completion of a national or State fingerprint check; and

(ii) Training standards under Regulation .07B(3) of this chapter.

(2) A temporary certification shall expire upon:

(a) Certification as a police officer by the Commission;

(b) Separation of employment as a police officer;

(c) Discovery of a criminal conviction through the local, national, or State fingerprint check that disqualifies the police officer from certification; or

(d) Passage of 90 days after the appointment date of the individual as a police officer at the law enforcement agency.

(3) If the Commission determines that the local, national, or State fingerprint check results have not been received by the law enforcement agency through no fault of the law enforcement agency, the Commission may issue a second temporary certification for an additional 90 days at the same law enforcement agency.

Cross References

12.04.01.07B(2)

12.04.01.17B

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.07 Police Officer Recertification.

A. The Commission may recertify an applicant for recertification as a police officer if the applicant was previously certified as a police officer when:

(1) Hired by a second or successive law enforcement agency;

(2) The Commission receives a completed AFC; and

(3) The applicant meets applicable Commission-required:

(a) Selection standards under Regulation .08 of this chapter;

(b) Training standards under §§B, C, D, or E of this regulation; and

B. Police Officer Recertification — 3 Years or Less Since the Applicant Was Last Certified as a Police Officer.

(1) The Commission may recertify an applicant previously certified as a police officer in Maryland if:

(a) It has been 3 years or less since the applicant was certified as a police officer:

(i) By the Commission; or

(ii) With a law enforcement agency in another state or the federal government; and

(b) The applicant meets the:

(i) Selection standards under Regulation .08 of this chapter;

(ii) In-service training requirements under §B(3) of this regulation; and

(iii) If the applicant was last certified as a police officer with a law enforcement agency in another state or the federal government, training requirements under Regulation .14E(7) of this chapter.

(2) Temporary Certification. The Commission may grant temporary certification to an individual previously certified as a police officer if the individual meets all the requirements under Regulation .06I of this chapter.

(3) In-service Training Requirements Before Police Officer Recertification.

(a) If an applicant under this section has met in-service training requirements for the previous or current calendar year, additional in-service training is not required for recertification under this section.

(b) If an applicant under this section has not met in-service training requirements for the previous or current calendar year, the applicant shall successfully complete in-service training required under Regulation .12 of this chapter before recertification.

(4) Firearms Training—Requirements Before Police Officer Recertification.

(a) An applicant for recertification under this section who has qualified with an authorized firearm at the hiring law enforcement agency in the last 3 calendar years shall complete Commission-approved annual firearms training and qualification before recertification as a police officer at the hiring law enforcement agency.

(b) If an applicant for recertification under this section has not qualified with an authorized firearm for 3 or more consecutive calendar years immediately preceding application for recertification at the hiring law enforcement agency, before being authorized to carry or use a firearm the applicant shall complete Commission-approved:

(i) Entrance-level firearms training and firearms qualification under COMAR 12.04.02.06; or

(ii) Firearms refresher training and firearms qualification under §B(4)(c) of this regulation.

(i) Be specific to the firearms the applicant is required to use or carry;

(ii) Be a minimum of 16 hours;

(iii) Provide a minimum of 2 hours of classroom review of the topics required under COMAR 12.04.02.06 or .09 that may be counted toward the current year's annual in-service requirement;

(iv) Require the applicant to obtain a minimum score of 70 percent on a written examination of the material covered in the firearms refresher training; and

(v) Require the applicant to meet firearm qualification standards on the appropriate day-fire and reduced light firearms qualification courses for each type of firearm established under COMAR 12.04.02.

C. Police Officer Recertification — After More Than 3 Years and Not More Than 5 Years Since the Applicant Was Last Certified as a Police Officer.

(1) The Commission may recertify an applicant previously certified as a police officer in Maryland if:

(a) It has been more than 3 years and not more than 5 years, since the applicant was certified as a police officer:

(i) By the Commission; or

(ii) With a law enforcement agency in another state or the federal government; and

(b) The applicant meets:

(i) Applicable selection standards under Regulation .08 of this chapter;

(ii) Training required under Regulation .14E(7) of this chapter; and

(iii) Annual in-service training under Regulation .12 of this chapter.

(2) The Commission may grant provisional certification under Regulation .03 of this chapter after the applicant has met selection standards under Regulation .08 of this chapter.

D. Police Officer Recertification — After More Than 5 Years Since the Applicant Was Last Certified as a Police Officer.

(1) The Commission may recertify an applicant previously certified as a police officer in Maryland if:

(a) It has been more than 5 years since the applicant was certified as a police officer:

(i) By the Commission; or

(ii) With a law enforcement agency in another state or the federal government; and

(b) The applicant:

(i) Meets selection standards under Regulation .04 of this chapter; and

(ii) Successfully completes entrance-level training requirements under Regulation .09 of this chapter.

(2) The Commission may grant provisional certification under Regulation .03 of this chapter to an individual after meeting selection standards under Regulation .04 of this chapter.

(3) An applicant granted provisional certification may not perform as a police officer beyond the 365-day probationary period until completion of the entrance-level training under Regulation .09 of this chapter.

(4) An applicant shall complete the entrance-level firearms training and qualification under Regulation .09 of this chapter and COMAR 12.04.02 before being authorized to carry or being issued a firearm.

E. If a recertified police officer is appointed to a first-line supervisory or administrative level position and has not completed the respective approved first-line supervisor or administrator training program under Regulation .13 of this chapter, the police officer shall complete an approved first-line supervisor or administrator training program within 1 year of the date of appointment to the supervisory or administrative level.

Cross References

12.04.01.06A(2)(a)

12.04.01.06I(1)(d)(ii)

12.04.01.12B(3)(c)

12.04.01.12B(4)(b)

12.04.01.12F(5)(b)(ii)

12.04.01.17B

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.08 Selection Standards for Recertification as a Police Officer.

A. A police officer who has previously received a provisional certification or certification as a police officer may be recertified by the Commission after meeting applicable standards specified in this regulation.

B. Requirements for Recertification.

(1) Information to be Obtained for a Recertification Applicant. An agency head, or a designee, shall obtain information for an applicant for recertification by performing:

(a) A fingerprint check at the local level or a check of the NCIC files;

(b) State and national fingerprint checks;

(d) A check of the applicant's driving record, including verification that the applicant possesses a valid driving license;

(e) A check with the applicant's previous law enforcement agency to:

(i) Determine the reason for separation;

(ii) Assess past work performance; and

(iii) Ensure that the applicant's separation was in good standing;

(f) The physical and mental health examinations required under Regulation .04 of this chapter; and

(g) An investigation:

(i) For prior use and other activities related to controlled dangerous substances, narcotic drugs, and marijuana by the applicant as specified under Regulation .16 of this chapter; and

(ii) To determine that an applicant is eligible under federal and Maryland law to possess and use a handgun under Regulation .04D of this chapter.

(2) Required Additional Information for Certain Applicants for Recertification. If an applicant for recertification has not been employed as a police officer by a law enforcement agency within the last 90 days or more before applying for recertification, in addition to the information required under §B(1) of this regulation, the hiring agency head, or a designee, shall perform the following to obtain information related to the applicant for the period since the applicant was last employed as a police officer by a law enforcement agency:

(a) A check with each of the applicant's employers during the period of absence from law enforcement duties;

(b) A check with coworkers during the period of absence; and

C. The hiring agency head shall maintain records as required under Regulation .02 of this chapter to verify that Commission-required selection standards have been met.

D. The hiring agency head shall:

(1) Complete the AFC to verify that applicable Commission-required selection standards for reappointment have been met; and

(2) Forward the AFC to the Commission with copies of any supplemental information discovered during the investigation or from any other source.

E. Review of Previous Background Investigations.

(1) If a hiring agency head does not conduct a full background investigation, the agency head shall review the records of the background investigation of an applicant conducted by the previous law enforcement agency to ensure that a complete and accurate investigation was performed.

(2) The hiring agency head is responsible for correcting omissions and discrepancies by the previous law enforcement agency in a prior investigation that was conducted in conjunction with an AFC submitted to the Commission by a law enforcement agency less than 5 years previously.

(3) If records of a previous background investigation are not available, the hiring agency head shall conduct a full background investigation as required under Regulation .05 of this chapter.

Cross References

12.04.01.06A(2)(b)

12.04.01.06I(1)(d)(i)

12.04.01.07A(3)(a)

12.04.01.07B(1)(b)(i)

12.04.01.07C(1)(b)(i)

12.04.01.07C(2)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.09 Minimum Standards for Entrance-Level Training for Police Officers.

A. General Requirements.

(1) An applicant for certification as a police officer shall successfully complete an entrance-level training program approved by the Commission before the Commission may certify the applicant as a police officer.

(2) A Commission-approved entrance-level training program is a minimum of 850 hours.

(3) The Commission may permit hours used to meet entrance-level firearms training and qualification requirements under COMAR 12.04.02 to be used as part of the 850-hour minimum under §A(2) of this regulation, regardless of whether the activity is conducted contemporaneously with or separate from the entrance-level training program.

(4) The Commission may not permit field training requirements under Regulation .17 of this chapter to be used as part of the 850-hour minimum under §A(2) of this regulation, regardless of whether the activity is conducted contemporaneously with or separate from the entrance-level training program.

B. The entrance-level program shall be approved by the Commission and include the subject areas and minimum hours specified in this regulation.

C. Commission-Required Subject Areas.

(1) For the Commission to approve an entrance-level training program for police officers, the entrance-level training program shall include the following subject areas:

(a) Organizational principles and law;

(b) Patrol;

(d) Criminal investigation;

(e) Emergency medical care, which shall also provide training in lifesaving techniques, including cardiopulmonary resuscitation (CPR);

(f) Communications;

(g) Report writing and composition;

(h) Crime prevention;

(i) Crisis intervention;

(j) Protective strategies and tactics, including training in the proper level and use of force;

(k) Emergency vehicle operations;

(l) Prisoner processing and security;

(m) Courtroom preparation and testimony;

(n) Health and wellness;

(o) Terrorism and weapons of mass destruction;

(p) Sensitivity to cultural and gender diversity; and

(q) Individuals with physical, intellectual, developmental, and psychiatric disabilities.

(2) Police officer firearms training and qualification:

(a) May be included in police officer entrance-level training; and

(b) If police officer firearms training and qualification is included in police officer entrance-level training, shall be separately approved by the Commission according to the requirements under COMAR 12.04.02.

D. Commission-Required Performance Objectives.

(1) Minimum Performance Objectives. For the Commission to approve an entrance-level training program for police officers, the entrance-level training program shall include activities to ensure that the applicant for police officer certification has met performance objectives that are:

(a) Composed and sanctioned by the Commission; and

(b) Based on a Statewide job task analysis and that address those tasks considered essential for law enforcement officers in Maryland, regardless of law enforcement agency or assignment.

(2) The Commission shall furnish a copy of the performance objectives upon request by a law enforcement agency, academy, or school.

(3) The training director of a law enforcement agency, an academy, or a school responsible for police officer entrance-level training shall:

(a) Cover the Commission performance objectives during entrance-level training exactly as written by the Commission; and

(b) Determine the sequence, content, and duration of training required to cover the Commission's performance objectives.

E. Successful Completion of Commission-Approved Entrance-Level Training.

(1) The training director of an academy shall conduct testing to verify that an applicant for certification as a police officer has learned or can perform each of the Commission's performance objectives.

(2) One or more objectives may be addressed by relevant single or multiple demonstrations or questions.

(3) An applicant for certification as a police officer shall achieve a minimum overall score of 70 percent in each subject area in §C of this regulation. The training director, or a designee, shall maintain accurate records of tests and testing procedures.

(4) At the conclusion of entrance-level training, the training director shall verify in writing to the Commission that an applicant has met the requirements under this regulation.

(5) Transfer of Academy Training.

(a) Credit for training received may be transferred from one academy to another at the discretion of the academy receiving the credit for training.

(b) The training director of the academy submitting notification in writing to the Commission that the applicant has met the requirements under this regulation is responsible for verifying completion of all Commission training objectives for that applicant.

(6) An applicant absent for more than 5 percent of entrance-level training is not considered to have successfully completed the entrance-level training unless the training director and the Deputy Director determine that sufficient work has been completed.

(7) An applicant shall meet the minimum qualification standard for certification in an emergency medical care program that has been approved by the Commission.

(8) A training director for an academy may require an applicant to meet entrance-level training requirements, standards, and objectives that exceed Commission minimum requirements, standards, and objectives.

F. Failure to Complete Entrance-Level Training.

(1) The training director shall notify the applicant's law enforcement agency if the applicant does not complete the entrance-level training.

(2) If an applicant does not meet the requirements for Commission-approved entrance-level training, the Commission may not certify the applicant as a police officer.

G. Waiver of Commission Entrance-Level Training Requirements.

(1) A law enforcement agency that serves a unique function in law enforcement may be granted an exemption from a portion of this regulation.

(2) An agency head shall submit a request for an exemption and the appropriate documentation according to the requirements under Regulation .14 of this chapter.

(3) An applicant for certification by the Commission as a police officer who has completed entrance-level training in another state or for the federal government may be eligible to receive a waiver from a portion of the Commission-required entrance-level training upon:

(a) Meeting the requirements under Regulation .14E(8) of this chapter; and

(b) Meeting other requirements approved by the Commission.

H. Entrance-Level Firearms Training.

(1) A police officer who is required to use or carry a firearm shall successfully meet Commission-required performance objectives and standards of the entrance-level firearms training and qualification under COMAR 12.04.02 before using or carrying a firearm as part of the police officer's duties.

(2) The entrance-level firearms training and qualification may be completed concurrently with or as a separate activity from an entrance-level training program.

I. Standards for an Applicant's Admission to an Academy Providing Entrance-Level Training.

(1) In addition to Commission requirements, an applicant attending entrance-level training shall meet the qualification standards set by the law enforcement academy conducting the entrance-level training.

(2) For an individual to attend a law enforcement academy, the law enforcement agency shall:

(a) Obtain a physical examination by a licensed medical doctor to determine whether the applicant is physically fit to participate in the academy training; and

(b) Perform a check of the National Crime Information Center (NCIC) files before the applicant is admitted to the program.

(3) The hiring agency head shall:

(a) Provide an applicant with a copy of the selection standards under Regulation .04 of this chapter; and

(b) Require the applicant to acknowledge in writing that completion of the entrance-level training is not a guarantee of certification as a police officer.

Cross References

12.04.01.03B(2)

12.04.01.06A(1)(b)

12.04.01.07D(1)(b)(ii)

12.04.01.07D(3)

12.04.01.07D(4)

12.04.01.14E(1)

12.04.01.14E(2)

12.04.01.14E(3)(a)(ii)

12.04.01.14E(3)(b)

12.04.01.14E(4)(b)

12.04.01.14E(8)(b)

12.04.05.03D(1)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.10 Commission Requirements for an Academy or School Providing Commission-Required Police Officer Training.

A. Training Environment.

(1) An academy offering police officer training required by the Commission for police officer certification shall be approved by the Commission before providing the training.

(2) In order for the Commission to approve an academy offering police officer training required by the Commission for police officer certification, the academy shall:

(a) Provide an atmosphere that supports learning;

(b) Have proper lighting, ventilation, and acoustics; and

(3) If practical, the academy shall provide:

(a) At least 25 square feet of classroom space for each candidate;

(b) Locker space for each individual attending;

(d) Storage for learning and training material; and

(e) Instructional and training equipment and material to support the training provided.

B. Unless an individual is exempt from Commission certification under COMAR 12.04.06 or 12.10.06, only an individual certified as an instructor by the Commission or the Correctional Training Commission may provide police officer training required by the Commission.

C. Entrance-Level Training Procedures.

(1) An applicant attending police officer entrance-level training required for certification as a police officer shall be excused from routine duties at the hiring law enforcement agency and receive regular salary while attending police officer entrance-level training.

(2) Personal Conduct While Attending Police Officer Entrance-Level Training.

(a) The training director of the academy providing the approved police officer entrance-level training is responsible for the personal conduct of each applicant attending that academy.

(b) The training director, or a designee, shall function as the commanding officer for the class.

(c) The training director shall provide each applicant attending the police officer entrance-level training with a copy of the rules or regulations governing the applicant's daily activities and behavior while attending the academy.

(d) The disciplinary regulations of the host academy apply to each applicant attending the academy.

(e) The training director shall notify the applicant's agency head if there has been an incident that requires disciplinary action taken against the agency head's applicant.

(f) If an applicant's progress in academic or skill areas indicates the applicant will fail the entrance-level training, the training director shall notify the applicant's agency head to permit the applicant to be withdrawn from the training.

(3) The training director of the academy and the agency head sending an applicant to the academy or school may negotiate arrangements related to reimbursement for costs associated with the applicant attending the academy.

(4) Authority of Academy Regulations.

(a) The Commission recognizes the necessity and authority of an academy to establish rules and regulations of conduct.

(b) The training director of a Commission-approved academy may establish rules and regulations that exceed Commission requirements under this regulation.

(c) A written academy rule or regulation or lawful verbal direction or order issued by an authorized representative of the academy has the same authority as a Commission requirement or standard.

D. Academy Certification Classifications.

(1) The Commission may certify an academy meeting the applicable Commission standards as a class I or class II academy.

(2) An academy certified by the Commission as a class I academy may provide Commission-approved police officer entrance-level training.

(3) An academy certified by the Commission as a class II academy may provide only specified portions of Commission-approved police officer entrance-level training required under Regulation .14E(8) of this chapter.

(4) A class I or class II academy may also offer any other Commission-approved police officer training authorized under this chapter.

(5) Upon request, the Commission shall furnish a list of approved academies and the respective classifications.

E. The academy may include a firearms program which meets the minimum standards under COMAR 12.04.02.

F. Academy Certification—Lapse or Revocation.

(1) Commission certification of an academy shall lapse if the academy does not conduct Commission-approved entrance-level training for a period of 2 years.

(2) The Commission may revoke the certification of an approved academy if the academy:

(a) Discontinues presenting Commission-approved entrance-level training;

(b) Offers Commission-required training without Commission-approved instructors;

(c) Training director does not successfully complete the training director orientation program under §H of this regulation; or

(d) Violates a provision of this regulation.

G. Academy Audit.

(1) An approved entrance-level training program is subject to review and audit by the Commission.

(2) The Commission shall audit each Commission-approved academy at least every 2 years to ensure compliance with Commission requirements.

H. Training Director Orientation. An individual appointed as a training director of a Commission-approved academy, within 3 months of appointment, shall successfully complete a training director orientation program designed and approved by the Commission.

Cross References

12.04.06.01B(11)(a)

12.04.06.01B(24)

12.04.06.03A(1)(b)(ii)

12.04.06.03B(1)

12.04.06.07A

12.04.06.14A(2)

12.04.06.14A(3)

12.04.06.15B(2)

12.04.06.16B

12.04.06.16C

12.04.06.18B(1)

12.04.06.18E(1)

12.10.06.16B(1)

12.10.06.16E(1)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.11 Voluntary Attendance at an Entrance-Level Training Program.

A. An individual who is not employed as a police officer by a law enforcement agency may attend Commission-approved entrance-level training on a voluntary basis if the individual requesting to attend:

(1) Receives approval by the training director of the Commission-approved academy; and

(2) Meets the selection standards under §B of this regulation.

B. Selection Standards — Voluntary Entrance-Level Training.

(1) An individual approved by the training director to attend police officer entrance-level training on a voluntary basis shall:

(a) Meet entrance standards for the academy providing the training;

(b) Provide documentation from a licensed medical professional that the individual has received a medical examination and is physically fit to participate in the academy police officer entrance-level training; and

(c) Provide documentation supporting that the individual is currently 21 or will be 21 years old at the completion of the police officer entrance-level training.

(2) The training director accepting an individual volunteering to attend police officer entrance-level training shall:

(a) Ensure a criminal record check is performed on the individual through, at a minimum, the National Crime Information Center (NCIC) to determine if there is supplemental information that conflicts with the requirements of the academy or Commission;

(b) Provide the individual with a copy of the selection standards specified in Regulation .04 of this chapter; and

(c) Have the individual acknowledge in writing that completion of the police officer entrance-level training is not a guarantee of certification by the Commission as a police officer.

C. If an individual under the provisions of this regulation successfully completes Commission-approved police officer entrance-level training provided by a Commission-approved academy and is subsequently hired by a law enforcement agency to fill a position as a police officer within 2 years of the completion of the training, the agency head may request a waiver of training under Regulation .14 of this chapter.

D. Mandated Personnel.

(1) Under Public Safety Article, §3-215(d), Annotated Code of Maryland, an individual employed as a police officer by a law enforcement agency is entitled to a leave of absence with pay to attend entrance-level training.

(2) An employee of a law enforcement agency who is required to meet the requirements of this chapter may not voluntarily enroll in an academy to attend Commission-approved police officer entrance-level training.

E. An individual, training director, or law enforcement agency head seeking a waiver of this regulation may apply to the Commission for that waiver according to provisions under Regulation .14 of this chapter.

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.12 Police Officer Annual In-Service Training and Qualification.

A. Police Officer Annual In-Service Training Requirements.

(1) An agency head shall ensure that a certified police officer at or below the rank of first-line supervisor completes a minimum of 18 hours of Commission-approved in-service training each calendar year.

(2) The Commission shall only accept successful completion of Commission-approved training toward a police officer's annual in-service training requirements.

(3) For annual in-service training, the Commission may approve independent electronic instruction through which information on an identified topic is provided to a police officer through the officer’s interaction with an electronic medium, and without the immediate supervision or assistance of an individual identified as the training instructor.

(4) Commission-approved police officer in-service training may be conducted according to Commission requirements by the police officer's law enforcement agency, another law enforcement agency, school, academy, or organization.

(5) The Commission does not require a Commission-certified police officer to meet the in-service training requirement under this regulation during the same calendar year the police officer successfully completes Commission-approved police officer entrance-level training.

(6) The Commission may apply training received by a police officer successfully completing Commission-approved supervisor, administrator, or instructor training toward the police officer's annual in-service requirement in the same calendar year that the police officer successfully completed the Commission-approved supervisor, administrator, or instructor training.

(7) Beginning in the year 2004 and every third year thereafter, police officer annual in-service training curriculum and minimum courses of study shall include special training in, attention to, and study of the application and enforcement of:

(a) The criminal laws concerning rape, sexual offenses, the sexual abuse and exploitation of children, and related evidentiary procedures;

(b) The contact with and treatment of victims of crimes and delinquent acts;

(d) The notification of victims of identity fraud and related crimes of their rights under federal law.

(8) No later than December 31, 2013, a police officer required to complete annual in-service training under this regulation shall successfully complete Commission-approved autism awareness training if the police officer has not previously successfully completed autism awareness training as part of a Commission-approved entrance-level training program.

(9) No later than December 31, 2016, and within every 2 years after that date, a police officer required to complete annual in-service training under this regulation shall successfully complete a Commission-approved training program on lifesaving techniques, including cardiopulmonary resuscitation (CPR).

B. Annual Police Officer Firearms Training and Qualification Requirements.

(1) Each Commission-certified police officer shall qualify annually with each firearm the law enforcement agency authorizes the police officer to use or carry on-duty or off-duty on each of a Commission-approved:

(a) Day-fire course of fire; and

(b) Reduced light course of fire.

(2) Annual firearms training and qualification shall be conducted according to provisions under COMAR 12.04.02.

(3) Annual firearms training and qualification is not required in the same year that a Commission-certified police officer successfully completes Commission-approved police officer:

(a) Entrance-level firearms training and qualification;

(b) Conversion training under COMAR 12.04.02;

(d) Firearms instructor training under COMAR 12.04.06.

(4) Before being authorized to carry or use a firearm, a police officer who has not qualified with an authorized firearm for 3 or more consecutive calendar years shall complete a Commission-approved:

(a) Entrance-level firearms training program and firearms qualification under COMAR 12.04.02; or

(b) Firearms refresher training course and firearms qualification under Regulation .07B(4) of this chapter.

C. Police Officer Annual In-Service Program and Firearms Training and Qualification Approval.

(1) The Commission shall:

(a) Determine the format for submitting training programs for approval; and

(b) Assign a program number to approved programs.

(2) A request for the Commission to approve training shall include:

(a) The topics to be studied;

(b) The time allocated to each topic;

(d) Identification of each instructor teaching a topic and the number of hours that the instructor is scheduled to teach.

(3) Except as provided under §C(4) of this regulation, the Commission may approve a police officer annual in-service program or annual firearms training and qualification program for a period of 3 years.

(4) The training director of a law enforcement agency, academy, or school shall resubmit a training program under this regulation to the Commission for subsequent approval when:

(a) A significant change is made in the format or content of the approved program; or

(b) 3 years have elapsed since the initial program approval, regardless of whether any changes have been made to the original approved program.

D. Curriculum, Attendance, and Testing for Police Officer Annual In-Service Training and Firearms Training and Qualification.

(1) The agency head shall report a police officer's successful completion of Commission-approved in-service training or firearms training and qualification to the Commission on or before January 31 of the year immediately following the training.

(2) The agency head shall report the information in a format determined by the Commission.

(3) Testing.

(a) A training director of a Commission-approved academy or school shall ensure that each police officer attending Commission-approved training is tested to determine successful completion.

(b) An alternate method of recording successful completion of the training may be used if approved by the Commission.

(c) A police officer shall obtain a minimum score of 70 percent on a test for the respective training before the Commission may apply the training toward the police officer's training requirements under this regulation.

(4) The Commission requires that Commission-approved in-service training and firearms training and qualification have a method of evaluation.

(5) If a police officer is absent for more than 10 percent of the time required for a Commission-approved annual in-service training program, including electronic control device and firearms training and qualification, the police officer may not receive credit toward the annual in-service training requirements of this chapter for any portion of the program, unless the Deputy Director approves the police officer to receive full or partial credit.

E. Attendance at Training Hosted by Other Agencies.

(1) An agency head may send a police officer to Commission-approved in-service training or firearms training and qualification hosted by another agency without prior Commission approval.

(2) The agency head sending the police officer to training hosted by another agency shall ensure that the training has an approval number assigned by the Commission.

(3) The agency head sending the police officer to training hosted by another agency is responsible for submission of training scores to the Commission.

F. Failure to Complete Required Training.

(1) Except for §F(2) of this regulation, if a police officer does not receive the entire 18 hours of in-service training by December 31 in a calendar year, the agency head shall add the number of hours missed in that calendar year to the 18 hours required in the following calendar year.

(2) If an officer is scheduled for certification renewal on July 1 of any year but did not receive the entire 18 hours of annual in-service training by December 31 of the previous calendar year, the agency head shall provide the officer:

(a) Before the July 1 date on which the officer is scheduled for certification renewal, the hours of annual in-service training missed for the calendar year immediately before July 1 date; and

(b) Before December 31 of the year during which the officer’s certification renewal is scheduled, the 18 hours of annual in-service training required to be completed by the officer for that year.

(3) If a police officer does not successfully complete annual firearms training and qualification with an authorized firearm before December 31 of a calendar year, the agency head may not permit the police officer to use or carry the firearm until the police officer successfully meets Commission requirements for firearms training and qualification with that firearm.

(4) If a police officer is scheduled for certification renewal, the police officer shall successfully complete Commission requirements for firearms training and qualification for the firearm before July 1 in the following year.

(5) Nonofficer Status.

(a) In-service Training. If a police officer fails to complete annual in-service training because the officer was on official nonofficer status, the officer shall complete the required annual in-service training in the year in which the officer returns to active duty.

(b) Firearms Training.

(i) If a police officer fails to complete annual firearms qualification because the officer was on approved nonofficer status, but has completed annual firearms qualification within 3 years of returning to active duty from nonofficer status, before the officer may use or carry an authorized firearm, the officer shall qualify with the authorized firearm when the officer returns to active duty. Additionally if the officer's certification has lapsed, the officer shall meet the requirements of this chapter be recertified by the Commission.

(ii) If a police officer returning to active duty as a police officer has not qualified with an authorized firearm within 3 consecutive calendar years immediately preceding return, before the officer may use or carry an authorized firearm the officer shall successfully complete a Commission-approved entrance-level firearms training program and qualification for the firearm under COMAR 12.04.02, or a firearms refresher training course and firearms qualification for the authorized firearm under COMAR 12.04.02 or a firearms refresher training program and qualification under Regulation .07B(4)(c) of this chapter. Additionally, if certification has lapsed, the officer shall meet the requirements of this chapter to be recertified by the Commission.

(6) Except for a police officer reported on nonofficer status, if an agency head does not provide required training in 2 consecutive years or displays a pattern of not providing the required training over several years, the Executive Director, or a designee, shall report the matter to the Commission for action the Commission deems appropriate.

(7) If an agency head does not provide documentation of missed training in a timely manner, certification renewal may be delayed.

G. Waivers.

(1) The Commission may grant a waiver of annual in-service training or firearms training and qualification requested by an agency head, if the agency head submits proof that the police officer successfully completed comparable training in the same year.

(2) A request for a waiver of training requirements under this regulation shall be submitted, in accordance with Regulation .14 of this chapter by the agency head.

H. Audit Requirements.

(1) Commission-approved annual in-service training and firearms training and qualification is subject to review and audit by the Commission.

(2) Each law enforcement agency, academy, and school providing Commission-approved annual in-service training or firearms training and qualification shall maintain documentation, including:

(a) Curriculum;

(b) Listing of instructors;

(d) Test and examination scores; and

(e) Other information required by this regulation.

(3) An agency head shall maintain records of training provided to a police officer at other agencies, schools, or academies until audited by the Commission.

(4) To verify compliance with Commission requirements, the Commission shall annually audit a portion of the the following Commission-approved annual in-service programs:

(a) Law enforcement training;

(b) Electronic control device training;

(d) Firearms qualification.

Cross References

12.04.01.07B(3)(b)

12.04.01.07C(1)(b)(iii)

12.04.02.08B(2)(c)

12.04.05.01B(1)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.13 Minimum Standards — Police Officer First-Line Supervisor and Administrator Training.

A. General Requirements.

(1) A police officer promoted to a first-line, or higher, supervisor position, shall successfully complete Commission-approved supervisor training within 1 year of the promotion, unless the police officer successfully completed Commission-approved supervisor training within the 2 years preceding the promotion.

(2) A police officer promoted to a first-line, or higher, administrator position is required to successfully complete Commission-approved administrator training within 1 year of the promotion, unless the police officer successfully completed Commission-approved administrator training within the 2 years preceding the promotion.

(3) Once a police officer successfully completes Commission-approved supervisor training, the Commission does not require the police officer to complete additional supervisor training for subsequent promotions to another supervisor position that does not include duties of an administrative position.

(4) A police officer promoted directly to a first-line administrator position from a rank below the first-line supervisor position shall complete both Commission-approved supervisor and administrator training within 1 year of the promotion, unless the police officer has successfully completed Commission-approved supervisor or administrator training, or both, within the 2 years preceding the promotion.

B. Police Officer Supervisor and Administrator Training Minimum Requirements.

(1) The Commission requires that:

(a) Only Commission-approved or certified instructors provide the police officer supervisor or administrator training;

(b) A police officer shall obtain a 70 percent overall test score to successfully complete the training;

(d) Unless determined otherwise by the agency head and the Commission, a police officer required to attend Commission-approved supervisor or administrator training may not miss more than 10 percent of the total training time;

(e) The Commission's training objectives for police officer supervisor or administrator are to be covered in the training as written by the Commission; and

(f) The agency head submit the proposed police officer supervisor or administrator training to the Commission for approval at least 20 working days before the start of the proposed training.

(2) The agency head shall submit rosters, required reports, and grades to the Commission upon completion of the training.

(3) Upon request, the Commission shall furnish the Commission's minimum course outline and training objectives for police officer supervisor or administrator training to the agency head.

(4) If an agency head changes previously approved training, the training director shall submit the new training in writing to the Commission for approval at least 20 working days before the start of the new training.

C. Waivers.

(1) The Commission may waive requirements for successful completion of the Commission-required supervisor or administrator training under this regulation if an agency head provides the Commission with documentation that establishes that the police officer successfully completed parallel Commission-approved supervisor or administrator training.

(2) The Commission has determined that the following programs are generally acceptable substitutes for the Commission-required supervisor or administrator training if the police officer successfully completed the training within 2 years preceding or 1 year following the promotion:

(a) The Northwestern University School of Police Staff and Command program;

(b) The Southern Police Institute Administrative Officer Course;

(d) Other equivalent training approved by the Deputy Director.

(3) The agency head shall submit a request for a waiver of Commission police officer supervisor or administrator training requirements to the Deputy Director for approval.

D. Failure to Complete Commission-Required Supervisor or Administrator Training. If a police officer does not successfully complete either Commission-approved supervisor or administrator training by the first anniversary date of a promotion to either a first-line supervisor or first-line administrator position, the police officer's agency head shall:

(1) Relieve the police officer of the respective first-line supervisory or first-line administrative duties related to the position; and

(2) Inform the Commission in writing within 30 days of the action that the law enforcement agency has taken to relieve the police officer of supervisory or administrative duties.

Cross References

12.04.01.07E

12.04.01.17C(2)(a)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.14 Waiver of a Selection or Training Standard.

A. General Requirements for Waivers.

(1) Except for the requirements under §E of this regulation, an agency head requesting a waiver of a Commission selection or training standard based on an individual's unique circumstances shall petition the Commission for a waiver of the standard.

(2) An agency head petitioning the Commission for a waiver of a selection or training standard shall:

(a) Submit the petition in writing in a format determined by the Commission; and

(b) Direct the petition to the Executive Director so it is received at least 30 days before the Commission's next scheduled meeting during which the Commission considers the petition.

(3) An agency head shall include, at a minimum, the information required under §B, C, or D of this regulation according to the type of standard for which the agency head is petitioning the Commission for a waiver.

(4) Processing a Petition for a Waiver.

(a) Upon receipt of a petition for a waiver under §B, C, or D of this regulation, the Executive Director shall:

(i) Review the petition to ensure that it contains all information required under this regulation; and

(ii) Ensure that the petition is received 30 days before the next scheduled Commission meeting during which the Commission considers the petition.

(b) If the petition does not meet the requirements under this regulation, the Executive Director shall return the petition to the submitting agency head indicating the deficiencies of the petition.

(c) If the petition meets the requirements under this regulation, the Executive Director shall present the petition to the Commission at the next scheduled meeting.

B. Waiver of a Selection Standard. An agency head petitioning the Commission on behalf of an individual for a waiver of a police officer selection standard under this chapter shall, at a minimum, include the following as part of the petition under this regulation:

(1) A completed application for certification (AFC) for the individual;

(2) The COMAR citation for the standard for which the waiver is requested on behalf of the individual;

(3) Detailed information concerning the individual's ability to perform the duties of a police officer; and

(4) Other information at the direction of the Executive Director.

C. Waiver of an In-service Training Standard.

(1) An agency head petitioning the Commission on behalf of an individual for a waiver of an annual in-service training standard shall provide the following information that the agency head believes is justification for the Commission to waive the training standard:

(a) The COMAR citation for the standard for which the waiver is requested;

(b) A copy of the lesson plan or course outline that the individual successfully completed;

(d) The number of hours of the course the individual completed; and

(e) Other information supporting the petition or that is requested by the Executive Director.

(2) An agency head may petition the Commission for a waiver of an in-service training requirement because an individual successfully completed any of the following during the calendar year for which in-service training is required:

(a) Federal Bureau of Investigation National Academy;

(b) 3-month Southern Police Institute Program;

(d) Other equivalent training program.

D. Waiver of Firearms Training.

(1) An agency head may petition the Commission on behalf of an individual for a waiver of firearms training and qualification requirements if the individual completed firearms training and qualification that meets or exceeds requirements of COMAR 12.04.02 during the calendar year in which firearms training and qualification are required to be completed by the individual.

(2) An agency head shall include in the petition for a waiver of firearms training and qualification:

(a) Information required under §C(2) of this regulation as it relates to the firearms training and qualification completed by the individual; and

(b) The date or dates the individual completed the firearms training and qualification.

E. Waiver of an Entrance-Level Training Standard.

(1) An individual who completed entrance-level training in another state or through the federal government may be granted a waiver from completing portions of the entrance-level training standards under Regulation .09 of this chapter if the entrance-level training completed in another state or through the federal government was comparable to the standards under Regulation .09 of this chapter.

(2) An agency head petitioning the Deputy Director on behalf of an individual for a waiver of an entrance-level training standard required under Regulation .09 of this chapter shall provide the Deputy Director with the following information that the agency head believes is the basis for requesting the waiver:

(a) A copy of the lesson plan or course outline for the course that the individual successfully completed;

(b) A written description of the course that the individual successfully completed;

(d) Other information supporting the petition or that is requested by the Deputy Director.

(3) The Deputy Director may grant a waiver of an entrance-level training standard if the individual:

(a) Both:

(i) Worked for a law enforcement agency within the last 5 years before applying; and

(ii) Successfully completed police officer entrance-level training that meets or exceeds the requirements under Regulation .09 of this chapter; or

(b) Did not work for a law enforcement agency before applying, but within 2 years before applying completed police officer entrance-level training that meets or exceeds the requirements under Regulation .09 of this chapter.

(4) The Deputy Director shall review the information contained in the request under §E of this regulation to determine if the:

(a) Individual meets the eligibility requirements under §E of this regulation; and

(b) Police officer entrance-level training that the individual completed meets or exceeds requirements under Regulation .09 of this chapter.

(5) When reviewing the minimum academy hourly requirement, the following information may be considered:

(a) The review will compare the applicant’s approved academy hours with the amount of Maryland academy hours required by regulation at the time of academy attendance.

(b) Topics taught during the applicant’s in-service training may be considered toward the minimum academy hourly requirement. An annual repetitive topical area may only be considered once.

(c) Specialized training received during the applicant’s career that is relevant to the topical areas may be considered toward the minimum academy hourly requirement.

(6) The Deputy Director shall notify the agency head of the decision.

(7) If the Deputy Director grants the waiver, the Deputy Director shall notify the agency head that the individual shall meet the following requirements before certification:

(a) Selection standards under Regulation .04 of this chapter; and

(b) The training requirements under §E(8) of this regulation

(8) If the Deputy Director grants a waiver of full entrance-level training, the individual shall successfully complete the following:

(a) Portions of entrance-level training at a class I or II Commission-certified police academy relating to the:

(i) Maryland Criminal Code,

(ii) Maryland Motor Vehicle Code, and

(iii) Maryland Juvenile Law and Procedures;

(b) Emergency medical care under Regulation .09 of this chapter;

(d) If the law enforcement agency authorizes the individual to carry or use a firearm:

(i) Entrance-level firearms training and qualification for the firearm under COMAR 12.04.02; or

(ii) If the Deputy Director determines that the individual previously completed training that is equivalent to the entrance-level firearms training required under COMAR 12.04.02 for the agency-approved firearm, the individual shall be required to complete annual firearms classroom instruction and training and qualification required by COMAR 12.04.02 for the agency-approved firearm.

(9) An agency head may petition the Commission to review a decision by the Deputy Director to deny a waiver of an entrance-level training requirement.

F. A petition for a waiver on behalf of an individual may not again be submitted under this regulation within two years after the date on which the Commission has:

(1) Denied the petition for the waiver on behalf of the individual; or

(2) Upheld the decision of the Deputy Director to deny the petition for a waiver.

Cross References

12.04.01.04K

12.04.01.06H

12.04.01.07B(1)(b)(iii)

12.04.01.07C(1)(b)(ii)

12.04.01.09G(2)

12.04.01.10D(3)

12.04.01.11C

12.04.01.11E

12.04.01.12G(2)

12.04.01.17B

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.15 Drug Screening Procedures.

A. Urine Sample Collection.

(1) A law enforcement agency conducting drug screening shall ensure that the process used by the law enforcement agency includes the minimum requirements under this regulation.

(2) A law enforcement agency conducting drug screening shall:

(a) Verify the identity of the individual providing the sample by examining a driver's license or other acceptable means of photographic identification;

(b) Obtain the urine sample in a manner that reasonably prevents substitution, alteration, or tampering;

(d) Ensure that:

(i) A urine sample is collected using a proper container that has been sealed by the manufacturer;

(ii) Once the seal is broken by the individual supplying the urine sample and the urine sample is deposited in the container, the container is sealed by the individual supplying the urine sample;

(iii) The container is sealed using tamper-proof tape that extends over and around the container cover;

(e) Once the container is sealed and accepted from the individual supplying the sample, ensure the sample is labeled with the:

(i) Name of the individual supplying the sample;

(ii) Date the sample was given; and

(iii) Name of the individual who received the sample;

(f) Ensure that before the individual provides a urine sample, the individual provides written consent for the:

(i) Collection of the sample;

(ii) Analysis of the sample; and

(iii) Disclosure of the analysis results to the employing law enforcement agency and the Commission; and

(g) Secure, maintain, and transport the sample in a manner that preserves the chain of custody.

B. Positive Urine Sample Results.

(1) A urine sample screened positive under §C(2) of this regulation is considered evidence of recent use of a controlled dangerous substance, narcotic drug, or marijuana.

(2) A positive screen for a controlled dangerous substance, narcotic drug, or marijuana conclusively establishes that the individual providing the sample is not of good moral character established under Regulation .04 or .07 of this chapter and may not be employed or certified by the Commission as a police officer.

(3) The agency head shall ensure that a positive screen for controlled dangerous substances, narcotic drugs, or marijuana was not a result of legal use.

C. Urine Sample Analysis.

(1) To ensure the reliability and integrity of the testing process, the employing law enforcement agency conducting drug screening shall ensure that the process used by the law enforcement agency to analyze the sample includes the minimum requirements under this section.

(2) A law enforcement agency conducting drug screening and analyzing a urine sample shall:

(a) Conduct urine sample analysis according to provisions under Health-General Article, §17-214, Annotated Code of Maryland;

(b) Ensure that the urine sample is screened by an enzyme immunoassay, radioimmunoassay testing method, or another equally scientifically rigorous screening method; and

(c) At a minimum, ensure that the screening method includes testing for the presence of the controlled dangerous substances, narcotic drugs, or marijuana, or classes of controlled dangerous substances, or their metabolites listed in §C(3) of this regulation.

(3) A positive screen is indicated if the test result meets or exceeds an amount at the following levels measured in nanograms per milliliter specified for each controlled dangerous substance, narcotic drug, or marijuana, or classes of controlled dangerous substances, or their metabolites as follows:

(a) Amphetamines — 1,000;

(b) Barbiturates — 300;

(d) Opiates — 300;

(e) Cocaine or cocaine metabolite — 300;

(f) Phencyclidine — 25; and

(g) Benzodiazepines — 300.

(4) Confirmation of a Positive Screen Required.

(a) A positive screen of a urine sample for each substance identified under §C(3) of this regulation shall be confirmed using gas chromatography, mass spectrometry, or other equally scientifically rigorous testing method.

(b) A urine sample resulting in a positive screen using the method under §C(2)(b) of this regulation alone is inconclusive, unless the positive screen result is confirmed according to §C(4)(a) of this regulation.

Cross References

12.04.01.04H(1)

12.04.01.04H(3)

12.04.01.08B(1)(c)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.16 Prior Substance Abuse by Applicants for Certification.

A. Scope. This regulation applies to an individual on whose behalf an employing agency is applying to the Commission for certification or recertification of the individual as a police officer.

B. General.

(1) An individual involved in prior or current illegal use, sale, manufacture, or distribution of a controlled dangerous substance, narcotic drug, or marijuana as the terms are defined under Regulation .01 of this chapter and as specified in this regulation has demonstrated character traits, judgment, behavior, or activity which adversely predict or affect the ability of the individual to perform the duties of a police officer.

(2) A law enforcement agency may set more restrictive standards than those specified in this regulation.

(3) For the purpose of this regulation, marijuana is considered to be separate from a controlled dangerous substance or human-made synthetic cannabinoid or cannabimimetic agent as defined under Regulation .01B of this chapter.

C. Prohibitions — Initial Certification. An individual is ineligible for initial certification as a police officer in Maryland if the individual has:

(1) Been convicted or otherwise found guilty of selling, manufacturing, or distributing a controlled dangerous substance, narcotic drug, or marijuana;

(2) Ever illegally sold, produced, cultivated, distributed, or transported a controlled dangerous substance, narcotic drug, or marijuana;

(3) Illegally used a controlled dangerous substance or narcotic drug for any purpose within the 36 months before application for certification;

(4) Illegally engaged in the use of marijuana for any purpose within the 12 months preceding the date of application for certification;

(5) Ever illegally used a controlled dangerous substance, or narcotic drug for other than experimentation as specified under §D of this regulation; or

(6) Ever illegally used a controlled dangerous substance, narcotic drug, or marijuana while employed to enforce federal, State, or local law by any government entity.

D. Presumption of Experimentation. The illegal use of a controlled dangerous substance or narcotic drug is not experimentation if the applicant:

(1) Ever used:

(a) Heroin;

(b) Phencyclodine (PCP); or

(2) Used a controlled dangerous substance or narcotic drug, or any combination of controlled dangerous substances or narcotic drugs:

(a) A total of five or more times; or

(b) One time since becoming 21 years old.

E. Prohibitions — Recertification. If an individual is currently certified, or was previously certified, as a police officer in Maryland the individual is ineligible for recertification if the individual illegally used, ingested, possessed, sold, produced, cultivated, distributed, or transported a controlled dangerous substance, narcotic drug, or marijuana on or after the date of the individual's initial certification as a police officer in Maryland.

F. Indication of Use of a Controlled Dangerous Substance, Narcotic Drug, or Marijuana.

(1) If any part of the background investigation indicates an applicant currently or previously used a controlled dangerous substance, narcotic drug, or marijuana, the law enforcement agency shall investigate to determine if the use falls under the prohibitions specified in this regulation.

(2) The law enforcement agency shall verify the veracity of the applicant's statements, responses to questions, and any other information provided by the applicant related to the use of a controlled dangerous substance, narcotic drug, or marijuana using a truth verification device.

(3) If the law enforcement agency determines the use is prohibited by this regulation, the applicant is ineligible for certification by the Commission as a police officer.

(4) If the law enforcement agency determines the individual is currently using a controlled dangerous substance, narcotic drug, or marijuana in violation of State or federal law, the individual is ineligible for certification by the Commission as a police officer.

(5) If an individual becomes certified by the Commission as a police officer, the law enforcement agency employing the individual shall document and maintain information used to establish the individual's substance abuse history required by this regulation. These records are subject to audit.

G. Certification.

(1) The Commission may certify an applicant if the applicant’s last use of marijuana preceded the applicant’s date of application for certification by:

(a) Three or more years; or

(b) Less than three years, but not less than 12 months, on the condition that the applicant agrees to complete an annual substance abuse test during the two years following the applicant’s date of initial certification.

(2) If certification is granted to an applicant who only qualifies under § G(1)(b) of this regulation, the employing agency shall:

(a) Notify the applicant of the additional mandatory substance abuse testing requirement; and

(b) Schedule the conditionally certified officer for an annual substance abuse test at the discretion of the employing agency in accordance with the regulations established in 17.04.09.04.

H. Petition for Special Consideration.

(1) An agency head submitting an application for certification for an individual with a history of illegal use of a controlled dangerous substance or narcotic drug may petition the Commission based on articulated unique circumstances of the individual’s use of a controlled dangerous substance or narcotic drug for a final determination as to the use being experimentation as specified under §D of this regulation.

(2) The agency head, or a designee, submitting a petition under §H(1) of this regulation shall:

(a) Specify the illegal controlled dangerous substance or narcotic drug used;

(b) Indicate the number of times the illegal controlled dangerous substance or narcotic drug was used;

(d) Indicate how the information concerning the use of the illegal controlled dangerous substance or narcotic drug came to be known by the agency;

(e) Provide information concerning the agency's attempt to verify the information;

(f) Identify the specific factors that the agency head believes the Commission should consider when making a determination as to experimentation that, at a minimum, include information concerning:

(i) Length of time used;

(ii) The motivation for the use;

(iii) The time that has passed since the last use;

(iv) How the illegal controlled dangerous substance or narcotic drug was obtained;

(v) How the illegal controlled dangerous substance or narcotic drug was ingested;

(vi) Why the individual stopped the use;

(vii) The individual's ability to perform as a police officer; and

(viii) Any other information that supports the unique circumstances that the agency head wants the Commission to consider; and

(g) Submit the petition to the Executive Director of the Police Training and Standards Commission.

(3) The Executive Director shall submit a petition received under §H(2) of this regulation to the Police Training and Standards Commission at the next scheduled meeting following receipt if the petition:

(a) Provides the information required by this regulation; and

(b) Is received at least 30 days before the next scheduled Commission meeting.

I. Hearing Not Required.

(1) An individual applying for certification has no right to appear before the Police Training and Standards Commission for the purpose of challenging a law enforcement agency’s determination that the individual used a controlled dangerous substance or narcotic drug contrary to the standards established by this regulation.

(2) The Police Training and Standards Commission’s consideration of a petition under §H of this regulation is not a hearing.

Cross References

12.04.01.04E(2)

12.04.01.04H(3)

12.04.01.05A(2)(e)

12.04.01.08B(1)(g)(i)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.17 Field Training.

A. Field Training Required; Exceptions.

(1) Except as provided by §A(3) of this regulation, an individual shall successfully complete Commission-approved field training as required under this regulation before receiving police officer certification or recertification under this chapter.

(2) As provided by this regulation, field training shall be successfully completed by an individual for each law enforcement agency employing the individual.

(3) If an individual holds a position listed under Public Safety Article, §3-201(f)(3)(i) or (ii), Annotated Code of Maryland, the individual may be certified or recertified as a police officer under this chapter for the law enforcement agency with which the individual holds the position without meeting the requirements of this regulation.

(4) An individual may receive provisional or temporary certification as a police officer under this chapter without meeting the requirements of this regulation.

B. When Field Training Is to Be Completed and Minimum Hours for Field Training. The following table provides the minimum hours of field training to be successfully completed and when the field training is permitted to be undertaken by an individual for whom certification as a police officer is requested:

| Training or Other Circumstances Under Which an Application Is Made for an Individual to Receive Police Officer Certification | Required Minimum Hours of Field Training | When Individual Is Permitted to Undertake Field Training | | --- | --- | --- | | (a) Full Entrance-Level Training — For an individual required to complete a full course of entrance-level training | 240 | After successfully completing the entrance-level training | | (b) Comparative Compliance Waiver for Individual Who Completed Entrance-Level Training Within 2 Years — For an individual required to complete portions of entrance-level training standards after receiving a waiver under Regulation .06H(2) or .14E(3)(b) of this chapter | 240 | After successfully completing the training requirements of Regulation .14E(7) of this chapter | | (c) Comparative Compliance Waiver for Individual Who Worked for an Out-of-State Law Enforcement Agency Within 5 Years and Completed Comparable Entrance-Level Training — For an individual required to complete portions of entrance-level training standards after receiving a waiver under Regulation .06H(1) or .14E(3)(a) of this chapter | 160 | After successfully completing the training requirements of Regulation .14E(7) of this chapter | | (d) Waiver of Training Standard under Regulation 14A of this chapter, based on individual’s unique circumstances | 80 | After successfully completing training requirements prescribed by the Commission for the individual as a condition of granting the waiver | | (e) Temporary Certification and Recertification — For an individual for whom an application is submitted for: | | | | (i) Temporary certification under Regulation .06I of this chapter; | 80 | Upon receiving temporary certification under Regulations .06I and .07B(2) of this chapter | | (ii) Recertification under Regulation .07B of this chapter; | 80 | Upon receiving provisional certification under Regulation .03 of this chapter | | (iii) Recertification under Regulation .07C of this chapter. | 80 | After successfully completing the training requirements of Regulation .14E(7) of this chapter | | (f) Certification with Multiple Agencies – For an individual for whom police officer certification is requested by a second law enforcement agency, and also for each additional law enforcement agency. | 80 | After completing the training requirement for certification with the second and each additional law enforcement agency |

C. Field Training Monitoring and Coordination.

(1) A law enforcement agency’s field training shall be coordinated and monitored by:

(a) The law enforcement agency head; or

(b) An employee of the law enforcement agency designated by the law enforcement agency head.

(2) If an employee of the law enforcement agency designated by the law enforcement agency head is responsible for coordinating and monitoring the agency’s field training, the employee is required to have successfully completed:

(a) A Commission-approved supervisor training course under Regulation .13 of this chapter; and

(b) A Commission-approved field training officer course as provided by §E of this regulation.

D. Field Training Officer Requirements.

(1) A field training officer shall:

(a) Meet the requirements established under this regulation and by the Commission;

(b) Be a police officer for at least 2 years immediately prior to being approved by the Commission to be a field training officer;

(d) Except under provisions of §D(4) of this regulation, successfully complete a Commission-approved field training officer course; and

(e) Within every 4 years following initial completion of a field training officer course, successfully complete a minimum of 7 hours of cumulative instruction that have been approved by the Commission to be provided to an individual who has been approved as a field training officer.

(2) To successfully complete an initial field training officer course, an individual shall:

(a) Attend a minimum of 90 percent of the total hours of instruction established for the field training officer course; and

(b) Achieve at least a score of 70 percent on each test given as part of the field training officer course.

(3) The law enforcement agency or academy conducting a field training officer course shall report to the Commission the name of each individual who successfully completes the field training officer course.

(4) The Deputy Director may excuse an individual from completing all or a portion of the minimum requirements for a Commission-approved field training officer course required by this regulation if:

(a) The individual submits to the Deputy Director documentation that the individual has successfully completed training that is the equivalent to all or the portion of the minimum requirements for a Commission-approved field training officer course; and

(b) The Deputy Director finds the documentation provided verifies that the completed training is equivalent to all or the portion of the minimum requirements for a Commission-approved field training officer course.

E. Field Training Officer Course — Application, Requirements, and Approval.

(1) A field training officer course shall be approved by the Commission, and provided by the law enforcement agency or academy that has received the course approval under this section.

(2) An application for a field training officer course approval shall be submitted to the Commission by a law enforcement agency or academy that requests approval of the course:

(a) At least 20 days before the field training officer course begins; and

(b) In the format required by the Commission.

(3) The application for approval for a field training officer course shall include the:

(a) Number of hours of instruction to be provided by the course;

(b) Names and qualifications of the instructors for the course;

(d) Other information required by the Commission.

(4) If the Commission approves the field training officer course:

(a) The Commission shall assign the approved field training officer course an identification number; and

(b) Commission approval of the field training officer course is valid for 3 years following the approval date.

(5) Proposed Change to Commission-Approved Field Training Officer Course.

(a) If a law enforcement agency or academy that has received Commission approval for a field training officer course proposes to change the format, an instructor, the content, or the testing or evaluation methods of the course as most recently approved by the Commission, an application for approval of the change shall be submitted to the Commission by the law enforcement agency or academy at least 20 days before the change to the field training officer course is proposed to be implemented.

(b) The proposed change becomes effective when approved by the Commission.

(6) An approved field training officer course shall provide instruction:

(a) Conducted only by individuals who are certified by the Commission under COMAR 12.04.06.08 or who possess an exemption under COMAR 12.04.06.04;

(b) For a minimum of 21 hours; and

(7) For a minimum of 3 years, a law enforcement agency or academy conducting a Commission-approved field training officer course shall maintain the following documentation related to the course:

(a) Rosters of individuals participating in the field training officer course;

(b) The tests, test scores, and evaluations of individuals participating in the field training officer course;

(d) Field training officer course lesson plans; and

(e) Other documentation required by the Commission.

F. Agency Field Training Policy Required.

(1) A law enforcement agency shall adopt a written policy on the agency’s field training based on a model policy approved by the Commission.

(2) The policy, at a minimum, shall include:

(a) Length of the agency’s field training;

(b) An outline of the training subjects, orientation, and other activities to be provided as part of field training;

(d) Selection process for field training officers;

(e) Training of field training officers;

(f) Guidelines for a field training officer’s evaluation of the performance of an individual participating in field training;

(g) Reporting responsibilities of field training officers; and

(h) Guidelines for evaluation of field training officers.

G. Supervising an Individual During Commission-Approved Field Training.

(1) Except for provisions under §G(2)and (3) of this regulation, during Commission-approved field training, an individual shall be under direct supervision of:

(a) A field training officer from the law enforcement agency employing the individual; or

(b) If a field training officer is not available, a police officer of supervisory rank from the law enforcement agency employing the individual.

(2) Exception to Supervision During Field Training.

(a) For a period that does not exceed 10 percent of the total time of an individual’s field training, the individual may be under the direct supervision of a police officer of the law enforcement agency who is not a field training officer or police officer of supervisory rank.

(b) Under extenuating circumstances when a field training officer or officer of supervisory rank is not available for at least 89 percent of the total time of an individual’s field training, the agency head may request the Deputy Director to approve alternative supervision during the individual’s field training.

(c) The Deputy Director may approve an alternative to the supervision required by this section during Commission-approved field training:

(i) For a limited period of time, as determined by the Deputy Director; and

(ii) Under conditions and circumstances specified by the Deputy Director.

(3) During field training, an individual who is engaged in specialized training or orientation duties that do not entail enforcement functions:

(a) May engage in that training or those duties for up to 5 percent of the total time of the individual’s field training; and

(b) While engaged in that training or those duties is not required to be under the direct supervision of a field training officer or police officer of supervisory rank.

(4) If an individual successfully completes the law enforcement agency’s field training, the law enforcement agency head, or the individual designated to supervise field training shall:

(a) Complete and submit a written statement to the Commission indicating that the individual has successfully completed the required Commission-approved field training; and

(b) Sign and date the statement.

H. Documentation to Be Maintained Related to a Law Enforcement Agency’s Field Training. For a minimum of 3 years, a law enforcement agency shall maintain the following documentation related to the law enforcement agency’s field training:

(1) The agency’s written policy for field training;

(2) Rosters of individuals participating in field training;

(3) The tests, test scores, and evaluations of individuals participating in field training;

(4) Description of the evaluation process for individuals participating in field training;

(5) Field training lesson plans and guides;

(6) An outline of the training for individuals participating in field training;

(7) At least once every 2 weeks during the individual’s field training, summaries of the performance the individual participating in field training;

(8) The field training officer’s final competence report on each individual participating in field training; and

(9) Other documentation required by the Commission.

I. Audit.

(1) A Commission-approved field training officer course and Commission-approved field training are subject to review and audit by the Commission.

(2) The Commission may suspend or revoke approval of a field training officer course or law enforcement agency’s field training if the Commission determines that the field training officer course or agency field training fails to meet the Commission requirements.

Cross References

12.04.01.06A(1)(c)

12.04.01.07A(3)(c)

12.04.01.09A(4)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.01.18 Minimum Standards — Police Officer Motorcycle Training.

A. A police officer who is authorized by the police officer’s employing law enforcement agency to operate a law enforcement agency motorcycle on January 1, 2014, is not required to complete motorcycle training established under this regulation for as long as the authorization in effect on January 1, 2014, continuously remains in effect.

B. Except under §A of this regulation, before a police officer is authorized to operate a law enforcement agency motorcycle, the police officer shall successfully complete police officer motorcycle training approved by the Commission.

C. For police officer motorcycle training to be approved by the Commission, the police officer motorcycle training shall, at a minimum, include the following subjects:

(1) Capabilities of a motorcycle;

(2) Factors contributing to motorcycle accidents;

(3) Accident avoidance maneuvers;

(4) Fundamentals of handling and riding a motorcycle;

(5) Emergency and nonemergency motorcycle operation and handling techniques;

(6) Motorcycle braking techniques;

(7) Impact of adverse weather conditions on operation and handling of a motorcycle;

(8) Daylight and reduced-lighting motorcycle operation and handling;

(9) Operating and handling a motorcycle in confined areas; and

(10) Officer survival related to motorcycle traffic stops and violator contact.

D. Police officer motorcycle training shall include activities to ensure that the police officer meets performance objectives, approved by the Commission, that are based on:

(1) Evaluations of investigations of law enforcement agency motorcycle accidents that occurred within the previous 5 years; and

(2) Recommendations developed by a Statewide panel.

E. The Statewide panel under §D of this regulation shall:

(1) Be composed of one supervisory law enforcement agency motorcycle operator from each Maryland law enforcement agency that uses a motorcycle for law enforcement purposes;

(2) Annually designate a chairman from panel membership; and

(3) Make recommendations to the Commission concerning police officer motorcycle operator training.

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 759)
Administrative History: Chapter revised effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Chapter revised effective March 2, 1977 (4:5 Md. R. 376)
Administrative History: Regulation .03A amended effective April 7, 1978 (5:7 Md. R. 523)
Administrative History: Regulations .09, .11, and .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Administrative History: ——————
Administrative History: Chapter revised effective April 6, 1979 (6:7 Md. R. 578)
Administrative History: ——————
Administrative History: Chapter revised effective June 27, 1980 (7:13 Md. R. 1279)
Administrative History: Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Administrative History: Regulation .01-1 adopted effective June 7, 1993 (20:11 Md. R. 917)
Administrative History: Regulation .01-1A amended effective December 6, 1993 (20:24 Md. R. 1865); January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .01-1C amended effective January 2, 1995 (21:26 Md. R. 2191)
Administrative History: Regulation .02 amended effective January 1, 1982 (8:25 Md. R. 1996); December 31, 1984 (11:26 Md. R. 2279)
Administrative History: Regulation .02A amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .02B, C amended effective February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulation .02D amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .03 amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .04 amended effective October 10, 1983 (10:20 Md. R. 1788); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); May 8, 1995 (22:9 Md. R. 647)
Administrative History: Regulation .04A, B amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .04B, D amended effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .04C amended effective February 20, 1981 (8:4 Md. R. 342); May 5, 1986 (13:9 Md. R. 1031)
Administrative History: Regulation .05 amended effective January 1, 1981 (7:22 Md. R. 2079); March 14, 1983 (10:5 Md. R. 465); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .05A amended effective March 1, 1993 (20:4 Md. R. 372)
Administrative History: Regulation .06 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .07 amended effective May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .08 amended effective May 5, 1986 (13:9 Md. R. 1031); September 7, 1987 (14:18 Md. R. 1967)
Administrative History: Regulation .08A amended effective November 22, 1982 (9:23 Md. R. 2260)
Administrative History: Regulation .08G amended effective August 22, 1988 (15:17 Md. R. 2049); June 11, 1990 (17:11 Md. R. 1344); February 4, 1991 (18:2 Md. R. 151)
Administrative History: Regulation .08H adopted effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09 amended effective August 13, 1984 (11:16 Md. R. 1392); December 31, 1984 (11:26 Md. R. 2279); May 5, 1986 (13:9 Md. R. 1031); October 2, 1989 (16:19 Md. R. 2105); January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .09A amended effective October 2, 1989 (16:19 Md. R. 2105); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .09E amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10A, B amended effective November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .10C amended effective November 22, 1982 (9:23 Md. R. 2260); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11 adopted effective January 1, 1982 (8:25 Md. R. 1996)
Administrative History: Regulation .11 amended effective December 31, 1985 (12:16 Md. R. 1608); November 12, 1990 (17:22 Md. R. 2657)
Administrative History: Regulation .11D amended effective November 17, 1986 (13:23 Md. R. 2481); April 12, 1993 (20:7 Md. R. 642)
Administrative History: Regulation .11E amended effective November 17, 1986 (13:23 Md. R. 2481)
Administrative History: Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Administrative History: Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: Regulation .13 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Administrative History: ——————
Administrative History: Regulations .01—.13 repealed and new Regulations .01—.18 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Administrative History: Regulations .01—.07, .09, .12, and .18 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .04D amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04E amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .05A amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .06 amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .06H amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95)
Administrative History: Regulation .07 amended effective March 15, 2004 (31:5 Md. R. 450)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 966); February 4, 2002 (29:2 Md. R. 95); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .08 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .09J amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 966)
Administrative History: Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Administrative History: Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .15C amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .16 amended effective May 9, 2005 (32:9 Md. R. 849)
Administrative History: Regulation .17 amended effective October 16, 2000 (27:20 Md. R. 1841); January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 amended effective November 24, 2003 (30:23 Md. R. 1653); September 12, 2005 (32:18 Md. R. 1520)
Administrative History: Regulation .20 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .21 adopted effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2008 (34:15 Md. R. 1349)
Administrative History: Regulation .02B amended effective September 5, 2011 (38:18 Md. R. 1077)
Administrative History: Regulation .08B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .09A amended effective August 24, 2009 (36:17 Md. R. 1313)
Administrative History: Regulation .09G amended effective November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .11A amended effective August 6, 2012 (39:15 Md. R. 964)
Administrative History: Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md. R. 1429)
Administrative History: Regulation .14B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .15A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective January 1, 2014 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128); June 5, 2017 (44:11 Md. R. 525); October1, 2019 (46:18 Md. R. 774); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulation .02C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .03C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .04B amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .04F amended effective October 1, 2019 (46:18 Md. R. 774)
Administrative History: Regulations .05 amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .05B amended effective November 25, 2013 (40:23 Md. R. 1935); August 29, 2016 (43:17 Md. R. 956)
Administrative History: Regulation .06A, C amended effective February 22, 2021 (48:4 Md. R. 177)
Administrative History: Regulation .07 amended effective May 12, 2014 (41:9 Md. R. 522); November 24, 2014 (41:23 Md. R. 1375)
Administrative History: Regulation .07A amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulations .08D amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .08E amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .09A amended effective August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09C amended effective August 31, 2015 (42:17 Md. R. 1111); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .09G amended effective September 2, 2013 (40:17 Md. R. 1420); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .09I amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .10D amended effective October 27, 2025 (52:21 Md. R. 1024)
Administrative History: Regulation .11B amended effective November 25, 2013 (40:23 Md. R. 1935); February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .12A amended effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .13B, C amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14 amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .14E amended effective September 2, 2013 (40:17 Md. R. 1420); August 17, 2015 (42:16 Md. R. 1055); August 29, 2016 (43:17 Md. R. 956); August 7, 2023 (50:15 Md. R. 682)
Administrative History: Regulation .14F adopted effective August 17, 2015 (42:16 Md. R. 1055)
Administrative History: Regulations .15C amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulations .16 amended effective June 5, 2017 (44:11 Md. R. 525); April 18, 2022 (49:8 Md. R. 500)
Administrative History: Regulations .16F amended effective February 1, 2016 (43:2 Md. R. 128)
Administrative History: Regulation .17 amended effective July 1, 2016 (42:23 Md. R. 1434)
Administrative History: Regulation .17D amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .18 adopted effective January 1, 2014 (40:23 Md. R. 1935)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.04.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207, 3-208 and 3-209; Annotated Code of Maryland

12.04.02 Firearms Training

COMAR 12.04.02.01 Purpose.

A. This chapter establishes Commission requirements for an individual regulated by the Commission for:

(1) Firearms classroom instruction and training and qualification; and

(2) Authorization to use or carry a firearm.

B. Commission requirements are minimum requirements. Therefore, a law enforcement agency may adopt more stringent requirements for firearms classroom instruction and training and qualification.

C. This chapter does not apply to a firearm authorized by a law enforcement agency for use by a police officer which discharges a projectile that is not intended to cause death.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .02G and I amended, and J adopted effective July 4, 1983 (10:13 Md. R. 1180)
Administrative History: Chapter, Public Information Requests, repealed effective September 24, 1984 (11:19 Md. R. 1667)
Administrative History: ——————
Administrative History: Regulations .01—.21, Firearms Training and Instructor Certification Regulations, adopted effective January 1, 1992 (18:20 Md. R. 2199)
Administrative History: Regulation .10C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11E amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .13 amended effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .14B, C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .14C, D amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19B, C amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .20A, B amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: ——————
Administrative History: Regulations .01—.21 repealed and new Regulations .01—.13 adopted effective January 1, 2009 (35:24 Md. R. 2078)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935); April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03C amended effective September 2, 2013 (40:17 Md. R. 1420)
Administrative History: Regulation .04B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .04C adopted effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .07 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .08B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .09 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .10B amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.02.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Academy” means a college, school, training unit, or training facility certified or approved by the Commission to conduct entrance-level and other training programs.

(2) Agency Head.

(a) “Agency head” means:

(i) A police chief, sheriff, administrator, department head, an individual in an equivalent position, or a designee; or

(ii) An individual appointed, employed, or elected to manage, administer, or supervise a law enforcement agency.

(b) “Agency head” includes a director of an academy or a training unit, or a designee, authorized to act in employment or training matters.

(3) “Barricade” means an object, fixed position or portable, that in whole or in part provides cover or concealment.

(4) “Certification” means that an individual meets the requirements for firearms classroom instruction, training, and qualification established under COMAR 12.04.06 for a provisional, line, and firearms instructor.

(5) Classroom Instruction.

(a) “Classroom instruction” means training conducted in a traditional educational setting; for example, in a room with desks, chairs, books, paper, and other educational tools or equipment.

(b) “Classroom instruction” does not include training conducted on a firing line.

(6) “Commission” means the Police Training and Standards Commission.

(7) Course of Fire.

(a) “Course of fire” means a sequence of activities related to the actual discharge of a firearm on a firing line for training or qualification.

(b) “Course of fire” does not include classroom instruction.

(8) Day-Fire.

(a) “Day-fire” means firearms training or qualification, or both, conducted during normal outdoor lighting conditions that exist between dawn and dusk.

(b) “Day-fire” includes the indoor equivalent or other lighting conditions that simulate normal outdoor lighting conditions that exist between dawn and dusk.

(9) “Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or a designee.

(10) “Entrance-level” means initial classroom instruction, training, or qualification with a firearm regardless of experience or training with a different type of firearm.

(11) “Firearm” means a pistol, revolver, or long gun.

(12) “Firearms instructor” means an individual certified by the Commission according to the requirements established under COMAR 12.04.06 to perform firearms classroom instruction and conduct firearms training and qualification.

(13) “Firing line” means those areas and positions from which an individual actually discharges a firearm with live ammunition for training or qualification, or both, as part of a course of fire.

(14) Firing Line Controller.

(a) “Firing line controller” means the line instructor or firearms instructor responsible for issuing commands on a firing line during firearms training and qualification.

(b) “Firing line controller” includes a line instructor actually on the firing line or in a structure overseeing the firearms training and qualification conducted on the firing line.

(15) Handgun.

(a) “Handgun” has the meaning stated in Public Safety Article, §5-101, Annotated Code of Maryland.

(b) “Handgun” includes a:

(i) Pistol; and

(ii) Revolver.

(16) Iron Sight.

(a) “Iron sight” means a system of shaped alignment markers, typically metal or plastic that are used as a sighting device to assist an individual in aiming a firearm.

(b) “Iron sight” does not mean an optical, computing, red dot, or reflex style sighting device.

(17) “Judgmental or decision training” means instruction and skills development conducted in the classroom, using firearms simulation, or on a firing line, to enable an individual to:

(a) Differentiate between threat levels; and

(b) Respond appropriately to an identified threat.

(18) Law Enforcement Agency.

(a) “Law enforcement agency” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.

(b) “Law enforcement agency” includes an academy, personnel unit, or training unit authorized by the Commission to act in training matters or provide law enforcement training.

(19) Line Instructor.

(a) “Line instructor” means an individual certified by the Commission according to the requirements established under 12.04.06 to conduct law enforcement firearms training and qualification on a firing line.

(b) “Line instructor” may not perform classroom instruction.

(20) Long Gun.

(a) “Long gun” means a firearm designed to be fired from the shoulder.

(b) “Long gun” includes a:

(i) Type 1 long gun;

(ii) Type 2 long gun;

(iii) Type 3 long gun; and

(iv) Type 4 long gun.

(21) Optical Sighting Device.

(a) “Optical sighting device” means an optic mechanism that assists an individual in sighting a firearm by enhancing or magnifying the image of the target and superimposing a reticle, or an aligned aiming point, over the image.

(b) “Optical sighting device” does not include an iron sight or a red dot sight.

(22) “Pistol” means a handgun that operates semi-automatically:

(a) Discharging a single round of ammunition with a pull of the trigger;

(b) Clearing the chamber of the spent casing; and

(23) “Police officer” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.

(24) “Power” means a measurement used to describe levels of visual magnification, with a number representing the level of magnification above the normal visual range.

(25) “Primary handgun” means the handgun authorized or issued by a law enforcement agency and designated by that agency for a police officer to use or carry as the officer's principal handgun.

(26) “Qualification” means proficiency testing by discharging a firearm on a Commission-approved course of fire to receive a score that the Commission measures against established requirements to determine if the individual is authorized to use or carry a specific firearm.

(27) Red Dot Sight.

(a) “Red dot sight” means a generic term to describe a visual, computing, or reflex sighting device that reflects a reticle, or an aligned aiming point that can be any shape or color, onto a combining glass for superimposition on a target.

(b) “Red dot sight” does not include an optical sighting device or an iron sight.

(28) Reduced Light.

(a) “Reduced light” means the normal outdoor lighting conditions that exist between dusk and dawn.

(b) “Reduced light” includes simulated natural outdoor lighting conditions such as:

(i) Artificial light; or

(ii) Goggles, headgear, or an apparatus worn to cover the eyes designed to reduce the availability of light to simulate natural reduced lighting conditions.

(29) “Revolver” means a handgun that:

(a) Fires a single round of ammunition with each pull of the trigger; and

(b) Has a cylinder containing additional rounds of ammunition that rotates to position the next round of ammunition for firing.

(30) “Secondary handgun” means a handgun, other than a primary handgun, that a police officer is authorized by the officer's law enforcement agency to use or carry on-duty or off-duty.

(31) “Strong hand” means the hand:

(a) On the same side of the body where an individual would normally carry a handgun in a holster; and

(b) That the individual would primarily use to discharge a firearm.

(32) Training.

(a) “Training” means a demonstration or an exercise, in addition to classroom instruction, provided by an individual certified under COMAR 12.04.06, to enhance understanding, proficiency, marksmanship, and other skills related to proper firearm use and tactics such as movement, multiple targets, judgmental or decision training, and use of cover and concealment.

(b) “Training” may include drills that involve discharging rounds.

(33) “Type 1 long gun” means a long gun with an optical sighting device greater than 4 power intended for use as a counter-sniper firearm.

(34) “Type 2 long gun” means a long gun with an optical sighting device greater than 4 power intended for use other than as a counter-sniper firearm.

(35) “Type 3 long gun” means a long gun without an optical sighting device, or with an optical sighting device of 4 power or less.

(36) Type 4 Long Gun.

(a) “Type 4 long gun” means a long gun manufactured and sold as a shotgun that is designed to discharge a single projectile or multiple projectiles from a single round of ammunition.

(b) “Type 4 long gun” includes a long gun manufactured and sold as a shotgun regardless of the:

(i) Action; or

(ii) Use of an optical sighting device.

(37) “Weak hand” means the hand that is not considered the strong hand.

Cross References

12.04.06.01B(3)

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .02G and I amended, and J adopted effective July 4, 1983 (10:13 Md. R. 1180)
Administrative History: Chapter, Public Information Requests, repealed effective September 24, 1984 (11:19 Md. R. 1667)
Administrative History: ——————
Administrative History: Regulations .01—.21, Firearms Training and Instructor Certification Regulations, adopted effective January 1, 1992 (18:20 Md. R. 2199)
Administrative History: Regulation .10C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11E amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .13 amended effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .14B, C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .14C, D amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19B, C amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .20A, B amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: ——————
Administrative History: Regulations .01—.21 repealed and new Regulations .01—.13 adopted effective January 1, 2009 (35:24 Md. R. 2078)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935); April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03C amended effective September 2, 2013 (40:17 Md. R. 1420)
Administrative History: Regulation .04B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .04C adopted effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .07 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .08B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .09 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .10B amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.02.03 General Requirements — Authorized Firearms Classroom Instruction, Training, and Qualification, and Firing Line Supervision.

A. Handgun and Firearms Classroom Instruction, Training, and Qualification Requirements — General.

(1) A police officer may not use or carry a firearm unless:

(a) The firearm and any attached devices or equipment are approved by the police officer's law enforcement agency;

(b) The law enforcement agency authorizes the police officer to use or carry the firearm; and

(c) The police officer successfully completes the applicable firearms classroom instruction, training, and qualification for the firearm established under this chapter.

(2) If a firearm becomes defective or unavailable to a police officer during firearms training or qualification, a substitute firearm may be used for the firearms training or qualification if the substitute firearm is the same type, model, manufacture, caliber, and barrel length as the defective or unavailable firearm.

(3) All handguns must be equipped with usable iron sights whether used as the primary sighting device or as a back-up, secondary sighting device.

(4) Entrance-Level Firearms Classroom Instruction, Training, and Qualification.

(a) For an individual to be initially authorized to use or carry a firearm, except a secondary handgun or a firearm for which authorization is provided through conversion under Regulation .09 of this chapter, the individual shall successfully complete entrance-level firearms classroom instruction, training, and qualification required for the firearm established under this chapter.

(b) Entrance-level firearms classroom instruction, training, and qualification may be:

(i) Included in entrance-level law enforcement classroom instruction, training, and qualification under COMAR 12.04.01; or

(ii) Independent of entrance-level law enforcement classroom instruction, training, and qualification.

(c) Commission firearms training objectives required for the entrance-level firearms classroom instruction, training, and qualification are available from the Commission upon written request.

(5) Secondary Handgun.

(a) Before a police officer may use or carry a secondary handgun, the police officer shall successfully complete entrance-level classroom instruction, training, and qualification for a primary handgun established under Regulation .04 of this chapter.

(b) After completing entrance-level classroom instruction, training, and qualification with a primary handgun, a police officer shall successfully complete the following requirements for the secondary handgun:

(i) Annual handgun classroom instruction, training, and qualification course of fire requirements if the secondary handgun is the same type as the officer's primary handgun and the officer's agency does not require handgun conversion for the secondary handgun under Regulation .09 of this chapter; or

(ii) Handgun conversion classroom instruction, training, and qualification requirements under Regulation .09 of this chapter for the secondary handgun if the secondary handgun is a different type than the officer's primary handgun.

B. Firing Line Supervision Requirements — General.

(1) At least one provisional instructor, line instructor, or firearms instructor shall be present for every five or fewer individuals on the firing line.

(2) If more than one provisional instructor, line instructor, or firearms instructor is required to be present, the individual responsible for the firearms training and qualification shall designate a firearms instructor or line instructor to supervise the firing line.

(3) If more than 15 individuals are on the firing line:

(a) The individual responsible for the firearms training and qualification shall assign a firing line controller; and

(b) The firing line controller may not be counted as part of the one-to-five ratio required under this regulation.

C. Firearms Classroom Instruction, Training, and Qualification Approval and Minimum Hours.

(1) Commission Approval.

(a) Written approval by the Commission is required for firearms classroom instruction, training, and qualification.

(b) A law enforcement agency requesting approval shall submit the request to the Commission 20 days before the agency plans to start the classroom instruction, training, or qualification.

(2) The minimum hours required for firearms classroom instruction, training, and qualification established under this chapter:

(a) Only include the actual hours of firearms classroom instruction, training, and qualification; and

(b) Do not include meals and breaks.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .02G and I amended, and J adopted effective July 4, 1983 (10:13 Md. R. 1180)
Administrative History: Chapter, Public Information Requests, repealed effective September 24, 1984 (11:19 Md. R. 1667)
Administrative History: ——————
Administrative History: Regulations .01—.21, Firearms Training and Instructor Certification Regulations, adopted effective January 1, 1992 (18:20 Md. R. 2199)
Administrative History: Regulation .10C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11E amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .13 amended effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .14B, C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .14C, D amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19B, C amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .20A, B amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: ——————
Administrative History: Regulations .01—.21 repealed and new Regulations .01—.13 adopted effective January 1, 2009 (35:24 Md. R. 2078)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935); April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03C amended effective September 2, 2013 (40:17 Md. R. 1420)
Administrative History: Regulation .04B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .04C adopted effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .07 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .08B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .09 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .10B amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.02.04 Entrance-Level Firearms Classroom Instruction, Training, and Qualification — Primary Handgun.

A. An individual shall successfully complete the minimum requirements for entrance-level handgun classroom instruction, training, and qualification established under this regulation before using or carrying a primary handgun.

B. Except as required in §C of this regulation, the minimum entrance-level classroom instruction, training, and qualification for a primary handgun includes:

(1) 35 hours of classroom instruction, training, and qualification;

(2) Classroom instruction topics marked with an “X” under Entrance-Level Handgun Training in the table under Regulation .10B of this chapter;

(3) The following activities conducted over a minimum of three calendar days:

(a) Firearms training exercises; and

(b) A course of fire for qualification for scoring that includes:

(i) Three consecutive day-fire courses of fire; and

(ii) One reduced light course of fire;

(4) Use of ammunition authorized by the individual's law enforcement agency, or the ballistic equivalent when firing for qualification;

(5) Discharging a minimum of 1,000 rounds of ammunition for firearms training and qualification collectively; and if the primary sighting device is a red dot sight then a minimum of 20 percent of the rounds must be fired using the firearm's iron sight; and

(6) The course of fire requirements outlined in the table under Regulation .05 of this chapter.

C. The following requirements shall be imposed if the handgun is equipped with a red dot sight:

(a) At least one of the three consecutive day-fire courses must be fired with the iron sight; and

(b) One reduced light course will be fired with each of the handgun's sighting devices.

Cross References

12.04.02.03A(5)(a)

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .02G and I amended, and J adopted effective July 4, 1983 (10:13 Md. R. 1180)
Administrative History: Chapter, Public Information Requests, repealed effective September 24, 1984 (11:19 Md. R. 1667)
Administrative History: ——————
Administrative History: Regulations .01—.21, Firearms Training and Instructor Certification Regulations, adopted effective January 1, 1992 (18:20 Md. R. 2199)
Administrative History: Regulation .10C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11E amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .13 amended effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .14B, C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .14C, D amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19B, C amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .20A, B amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: ——————
Administrative History: Regulations .01—.21 repealed and new Regulations .01—.13 adopted effective January 1, 2009 (35:24 Md. R. 2078)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935); April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03C amended effective September 2, 2013 (40:17 Md. R. 1420)
Administrative History: Regulation .04B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .04C adopted effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .07 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .08B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .09 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .10B amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.02.05 Course of Fire Requirements for Handgun Qualification.

The following table establishes the minimum entrance-level, annual, and conversion courses of fire requirements for primary handgun qualification:

| Type of Requirement | Handgun Day-Fire Required Course of Fire for Qualification | Handgun Reduced Light Required Course of Fire for Qualification | | --- | --- | --- | | (1) Rounds to be discharged with one finger on the trigger | Minimum of 30 rounds on each course of fire | Minimum of 30 rounds on the course of fire | | (2) Minimum passing score | 70 percent on each of the three successive courses of fire | 70 percent | | (3) Target description | Depiction of human torso or silhouette marked to indicate scoring values in a maximum scoring area of 725 square inches | Depiction of human torso or silhouette marked to indicate scoring values in a maximum scoring area of 725 square inches. | | (4) Required percentages of rounds to be fired, and required firing distances | A minimum of 10 percent, but not more than 40 percent, of the course of fire rounds shall be discharged at each of the following four range of distances: (a) Less than 5 yards; (b) 5 yards to less than 10 yards; (c) 10 to less than 25 yards; and (d) 25 yards or farther. | A minimum of 10 percent, but no more than 40 percent, of the course of fire rounds shall be discharged at each of the following three range of distances: (a) Less than 5 yards; (b) 5 yards to less than 15 yards; and (c) 15 yards or farther | | (5) Maximum time permitted per round of ammunition fired at specified distances | (a) 2 seconds per round when firing at less than 5 yards; (b) 3 seconds per round when firing at 5 yards to less than 10 yards; (c) 4 seconds per round when firing at 10 yards to less than 25 yards; (d) 5 seconds per round when firing at 25 yards, or farther | (a) 2 seconds per round when firing at less than 5 yards; (b) 3 seconds per round when firing at 5 yards to less than 15 yards; (c) 4 seconds per round when firing at 15 yards, or farther | | (6) Maximum time permitted to move from one specified firing position to the next | 5 seconds | 5 seconds | | (7) Maximum time permitted for each instance of reloading the handgun during the course of fire | Revolver—17 seconds Pistol—8 seconds | Revolver—17 seconds Pistol—8 seconds | | (8) Minimum requirements for holding the handgun while discharging rounds during the course of fire | (a) Strong hand supported by weak hand; (b) Strong hand with no support; (c) Weak hand supported by strong hand; and (d) Weak hand with no support | (a) Strong hand supported by weak hand; (b) Strong hand with no support; (c) Weak hand supported by strong hand; and (d) Weak hand with no support | | (9) Minimum body positions from which rounds are to be fired during the course of fire | (a) Standing; (b) Kneeling; and (c) Two different positions from barricade | (a) Standing; and (b) Kneeling | | (10) Supplemental lighting conditions suggested during course of fire | Not Applicable | At least one of the following: (a) Flares; (b) Street lights; (c) Vehicle lights; (d) Flashlights; (e) Vehicle emergency lights; or (f) Alternate lighting source |

Cross References

12.04.02.04B(6)

12.04.02.08B(2)(b)

12.04.02.09D(2)(c)

12.04.06.12D(7)(a)

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .02G and I amended, and J adopted effective July 4, 1983 (10:13 Md. R. 1180)
Administrative History: Chapter, Public Information Requests, repealed effective September 24, 1984 (11:19 Md. R. 1667)
Administrative History: ——————
Administrative History: Regulations .01—.21, Firearms Training and Instructor Certification Regulations, adopted effective January 1, 1992 (18:20 Md. R. 2199)
Administrative History: Regulation .10C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11E amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .13 amended effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .14B, C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .14C, D amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19B, C amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .20A, B amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: ——————
Administrative History: Regulations .01—.21 repealed and new Regulations .01—.13 adopted effective January 1, 2009 (35:24 Md. R. 2078)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935); April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03C amended effective September 2, 2013 (40:17 Md. R. 1420)
Administrative History: Regulation .04B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .04C adopted effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .07 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .08B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .09 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .10B amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.02.06 Entrance-Level Firearms Classroom Instruction, Training, and Qualification — Long Guns.

A. An individual shall successfully complete the minimum requirements for entrance-level long gun classroom instruction, training, and qualification established under this regulation before using or carrying a long gun.

B. The minimum requirements for entrance-level long gun classroom instruction, training, and qualification include:

(1) Classroom instruction topics marked with an “X” under the column for Entrance-Level Long Gun Training on the table under Regulation .10B of this chapter;

(2) The following total hours of classroom instruction, training, and qualification for a:

(a) Type 1 long gun, 35 hours;

(b) Type 2 long gun, 35 hours;

(d) Type 4 long gun, 7 hours;

(3) Discharging the following number of rounds of ammunition at a target for training and qualification for a:

(a) Type 1 long gun, 150 rounds;

(b) Type 2 long gun, 350 rounds;

(d) Type 4 long gun, 50 rounds; and

(4) Successfully completing qualification requirements on a day-fire course of fire for the specific type of long gun established in the table under Regulation .07A of this chapter.

Cross References

12.04.01.07B(4)(b)(i)

12.04.01.07B(4)(c)(iii)

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .02G and I amended, and J adopted effective July 4, 1983 (10:13 Md. R. 1180)
Administrative History: Chapter, Public Information Requests, repealed effective September 24, 1984 (11:19 Md. R. 1667)
Administrative History: ——————
Administrative History: Regulations .01—.21, Firearms Training and Instructor Certification Regulations, adopted effective January 1, 1992 (18:20 Md. R. 2199)
Administrative History: Regulation .10C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11E amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .13 amended effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .14B, C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .14C, D amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19B, C amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .20A, B amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: ——————
Administrative History: Regulations .01—.21 repealed and new Regulations .01—.13 adopted effective January 1, 2009 (35:24 Md. R. 2078)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935); April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03C amended effective September 2, 2013 (40:17 Md. R. 1420)
Administrative History: Regulation .04B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .04C adopted effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .07 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .08B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .09 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .10B amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.02.07 Course of Fire Requirements for Long Gun Qualification.

A. A Type 1 and Type 2 long gun qualification may only be conducted using agency approved ammunition.

B. A Type 3 and Type 4 long gun qualification may be conducted using agency approved ammunition or the ballistic equivalent as defined and authorized by the individual’s agency.

C. The following table establishes the minimum requirements for entrance-level, annual, and conversion courses of fire for type 1 through type 4 long gun qualification:

| Requirement | Type 1 Long Gun | Type 2 Long Gun | Type 3 Long Gun | Type 4 Long Gun | | --- | --- | --- | --- | --- | | (1) Rounds to be Discharged | Minimum of 20 rounds on one day-fire course of fire | Minimum of 30 rounds on one day-fire course of fire | Minimum of 30 rounds on one day-fire course of fire | Minimum of 10 rounds on one day-fire course of fire | | (2) Passing Score | 100 percent | 80 percent | 80 percent | 70 percent | | (3) Target Description | The target scoring area may not exceed 80 square inches. 80 square inches equals the 9 and 10 ring of a “B-27” target | The target scoring area may not exceed 183 square inches. 183 square inches equals a “TQ19” target or the 8, 9 and 10 ring of a “B-27” target | The target scoring area may not exceed 255 square inches. 255 square inches equals a “Q” target | The target scoring area may not exceed 725 square inches. 725 square inches equals a “B-27” full size target | | (4) Required percentages of rounds to be fired and required firing distances | A minimum of 10 percent but not more than 30 percent of the course of fire rounds shall be discharged at each distance within the following parameters: (a) 25 yards; (b) Two distances greater than 25 yards and less than 200 yards; and (c) At least one distance 200 yards or greater | A minimum of 10 percent but not more than 30 percent of the course of fire rounds shall be discharged at each distance within the following parameters: (a) 15 yards; (b) Two distances greater than 15 yards and less than 100 yards; and (c) At least one distance 100 yards or greater | A minimum of 10 percent but not more than 30 percent of the course of fire rounds shall be discharged at each distance within the following parameters: (a) 15 yards; (b) Two distances greater than 15 yards and less than 50 yards; and (c) At least one distance 50 yards or greater | A minimum of 20 percent but not more than 40 percent of the course of fire rounds shall be discharged at each distance within the following parameters: (a) 5 yards to less than 15 yards; (b) 15 yards to less than 25 yards; and (c) At least one distance 25 yards or greater | | (5) Maximum time permitted per round at specified distances | 5 seconds per round when firing at 25 yards or less; The number of seconds per round when firing at distances between 25 yards and 200 yards shall be proportional to the distances and times allowed; 10 seconds per round when firing at 200 yards, or farther | 4 seconds per round when firing at 15 yards or less; The number of seconds per round when firing at distances between 15 yards and 100 yards shall be proportional to the distances and times allowed; 8 seconds per round when firing at 100 yards, or farther | 4 seconds per round when firing at 15 yards or less; The number of seconds per round when firing at distances between 15 yards and 50 yards shall be proportional to the distances and times allowed; 8 seconds per round when firing at 50 yards, or farther | 3 seconds per round when firing at 5 yards to less than 15 yards; 4 seconds per round when firing at 15 yards to less than 25 yards; and 5 seconds per round when firing at 25 yards, or farther | | (6) Maximum time permitted to move from one specified firing position to the next | 5 seconds | | | | | (7) Reloading times | Reloading Time: When qualifying on any type of long gun; an additional 5 seconds may be added to the maximum seconds: (a) For each round of ammunition reloaded on a long gun with an integral magazine; and (b) For reloading a long gun with a detachable box magazine. | | | | | (8) Firing positions from which the long gun shall be discharged | (a) Standing (unsupported) (b) Standing (supported) (c) Kneeling or sitting (supported or unsupported); (d) Prone; and (e) Using a barricade to discharge the long gun from at least one of the above firing positions | (a) Standing (unsupported) (b) Standing (supported) (c) Kneeling or sitting (supported or unsupported); and (d) Using a barricade to discharge the long gun from at least one of the above firing positions | | | | (9) Stress | To simulate stress when qualifying on type 1, 2, or 3 long gun, the individual shall perform physical exercise before firing from at least one position listed in this table under the firing positions (No. 5 in this table). | Optional | | |

Cross References

12.04.02.06B(4)

12.04.02.08C(2)(b)

12.04.02.08C(2)(c)

12.04.02.08C(2)(d)

12.04.02.09F(3)

12.04.06.12D(7)(b)

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .02G and I amended, and J adopted effective July 4, 1983 (10:13 Md. R. 1180)
Administrative History: Chapter, Public Information Requests, repealed effective September 24, 1984 (11:19 Md. R. 1667)
Administrative History: ——————
Administrative History: Regulations .01—.21, Firearms Training and Instructor Certification Regulations, adopted effective January 1, 1992 (18:20 Md. R. 2199)
Administrative History: Regulation .10C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11E amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .13 amended effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .14B, C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .14C, D amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19B, C amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .20A, B amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: ——————
Administrative History: Regulations .01—.21 repealed and new Regulations .01—.13 adopted effective January 1, 2009 (35:24 Md. R. 2078)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935); April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03C amended effective September 2, 2013 (40:17 Md. R. 1420)
Administrative History: Regulation .04B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .04C adopted effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .07 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .08B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .09 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .10B amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.02.08 Annual Firearms Classroom Instruction, Training, and Qualification Requirements.

A. General Requirements — All Firearms.

(1) During each calendar year, a police officer shall successfully complete the following:

(a) Classroom instruction for each firearm type the police officer is authorized to use or carry;

(b) Training for each firearm the police officer is authorized to use or carry; and

(2) Annual Classroom Instruction.

(a) A police officer shall complete a minimum of 2 hours of classroom instruction as part of the requirements established under this regulation.

(b) Classroom instruction shall include the classroom instruction topics marked with an “X” under Annual Firearms Training in the table under Regulation .10B of this chapter.

(c) The Commission may accept up to 2 hours of a police officer's annual firearms classroom instruction as part of a police officer's annual in-service training required under COMAR 12.04.01.

B. Annual Handgun Requirements — Training and Qualification.

(1) Required Firearms Training — Primary Handgun.

(a) A police officer shall annually discharge a minimum of 30 rounds of ammunition approved by the police officer's law enforcement agency, or the ballistic equivalent, for training with the police officer's primary handgun.

(b) Training drills to improve the police officer's skills may be incorporated into a course of fire.

(2) Course of Fire for Qualification — Primary and Secondary Handgun.

(a) For each handgun a police officer is authorized to use or carry, with one finger on the trigger the police officer shall discharge a minimum of 30 rounds of ammunition using ammunition authorized by the police officer's agency, or the ballistic equivalent, on each of the following:

(i) One day-fire course of fire;

(ii) One reduced light course of fire; and

(iii) If the handgun is equipped with a red dot sight, a one-day course of fire and a one-day reduced light course shall be fired with both the iron sights as well as the red dot sight.

(b) Police officer annual course of fire for qualification consists of requirements 3 through 10 in the Course of Fire Requirements for Handgun table under Regulation .05 of this chapter.

(c) A minimum score of 70 percent is required on both a day-fire and a reduced light course of fire for qualification for each handgun for which annual certification to be a police officer is required by COMAR 12.04.01.12.

C. Annual Long Gun Requirements — Firearms Training and Qualification.

(1) Firearms training for each long gun a police officer is authorized to use or carry consists of demonstrations to familiarize a police officer with the nomenclature, operation, safety, care, and cleaning of the specific long gun type.

(2) Course of Fire for Annual Long Gun Qualification.

(a) During each calendar year, a police officer authorized to use or carry a specific type of long gun shall successfully complete the course of fire requirements for qualification for the specific long gun, as described in this subsection.

(b) Type 1 Long Gun Qualification. Annual firearms qualification requires a police officer to successfully complete four courses of fire for qualification, one during each quarter of a calendar year, for the specific type of long gun the police officer is authorized to use or carry according to the requirements established in the Course of Fire Requirements for Long Gun Qualification table under Regulation .07 of this chapter.

(c) Type 2 and Type 3 Long Gun Qualification. Annual firearms qualification requires a police officer to successfully complete two courses of fire for qualification, one during each half of the calendar year, for the specific type of long gun the police officer is authorized to use or carry according to the requirements established in the Course of Fire Requirements for Long Gun Qualification table under Regulation .07 of this chapter.

(d) Type 4 Long Gun Qualification. Annual firearms qualification requires a police officer to successfully complete one course of fire for qualification, each calendar year, for the specific type of long gun the police officer is authorized to use or carry according to the requirements established in the table under Regulation .07A of this chapter.

D. Reporting Firearm Qualification Scores to the Commission. By January 31 of the calendar year immediately following firearms qualification, an agency head shall submit to the Commission a police officer's required firearms qualification score for each firearm the police officer is authorized to use or carry.

E. Failure to Meet Commission Annual Firearms Classroom Instruction, Training, and Qualification Requirements.

(1) If a police officer fails to successfully complete Commission annual firearms classroom instruction, training, and qualification requirements for an authorized firearm within a calendar year, the agency head:

(a) Shall remove the firearm, or authorization to use or carry the firearm if personally owned, from the police officer by January 1 of the next calendar year; and

(b) May not return or authorize the police officer to use or carry the firearm until the police officer successfully completes the appropriate firearms classroom instruction, training, and qualification required under this chapter.

(2) Failure to Qualify with a Firearm.

(a) A police officer who fails an annual firearms qualification required under Regulation .08 of this chapter shall successfully complete qualification within:

(i) 30 consecutive calendar days of the initial attempt; and

(ii) The same calendar year as the initial attempt.

(b) If a police officer does not successfully meet qualification requirements within the period established under §E(2)(a) of this regulation, the police officer's agency head shall immediately:

(i) Report to the Commission the police officer's failure to qualify;

(ii) Require the police officer to surrender the firearm to the agency, if it was issued by the agency; and

(iii) Withdraw the police officer's authority to use or carry the firearm, if personally owned.

(3) A police officer may not use or carry a firearm that has been surrendered or for which authority to carry or use has been withdrawn, except during supervised training to meet the police officer's annual firearms training and qualification for the firearm required under this regulation.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .02G and I amended, and J adopted effective July 4, 1983 (10:13 Md. R. 1180)
Administrative History: Chapter, Public Information Requests, repealed effective September 24, 1984 (11:19 Md. R. 1667)
Administrative History: ——————
Administrative History: Regulations .01—.21, Firearms Training and Instructor Certification Regulations, adopted effective January 1, 1992 (18:20 Md. R. 2199)
Administrative History: Regulation .10C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11E amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .13 amended effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .14B, C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .14C, D amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19B, C amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .20A, B amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: ——————
Administrative History: Regulations .01—.21 repealed and new Regulations .01—.13 adopted effective January 1, 2009 (35:24 Md. R. 2078)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935); April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03C amended effective September 2, 2013 (40:17 Md. R. 1420)
Administrative History: Regulation .04B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .04C adopted effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .07 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .08B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .09 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .10B amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.02.09 Firearms Conversion — Classroom Instruction, Training, and Qualification.

A. A police officer who has successfully completed entrance-level firearms classroom instruction, training, and qualification for a specific type of firearm, who is also required or requesting to use or carry a firearm with a red dot sight or of a different type for which the police officer has qualified, shall successfully complete:

(1) Firearms conversion classroom instruction, training, and qualification requirements established under this regulation for the different firearm type; or

(2) Entrance-level classroom instruction, training, and qualification established under this chapter for the different firearm.

B. A police officer shall successfully complete firearms conversion requirements under this regulation before being authorized to use or carry a different type of firearm if the police officer is currently authorized to use or carry a:

(1) Primary handgun type and is seeking authorization to use or carry a handgun of a different type as a primary handgun;

(2) Primary handgun type and is required or requesting to add a red dot sight;

(3) Type 1 long gun, and is seeking authorization to use or carry a type 2 or 3 long gun; or

(4) Type 2 long gun, and is seeking authorization to use or carry a type 3 long gun.

C. Conversion Classroom Instruction, Training, and Qualification for Primary Handgun and Long Gun within the Same Type.

(1) Except for provisions under §C(2) of this regulation, a police officer is not required to complete firearms conversion classroom instruction, training, and qualification under this regulation before the police officer is authorized to use or carry a primary handgun or a long gun that is the same type that the police officer is currently authorized to use or carry.

(2) A police officer is required to complete firearms conversion classroom instruction, training, and qualification under this regulation before the police officer is authorized to use or carry a primary handgun or a long gun that is the same type that the police officer is currently authorized to use or carry if the police officer's agency determines:

(a) There is a difference in operation between the firearms; and

(b) Conversion classroom instruction, training, and qualification are warranted to ensure safe and effective use of the firearm.

D. Primary Handgun Conversion — Classroom Instruction, Training, and Qualification.

(1) If a police officer is required to complete conversion classroom instruction, training, and qualification according to §B or C(2) of this regulation, the police officer shall successfully complete:

(a) For a different type primary handgun, the classroom instruction topics marked with an “X” for Handgun Conversion Training — Different Type Handgun in the table under Regulation .10B of this chapter;

(b) For a handgun within the same type, the classroom instruction topics marked with an “X” for Handgun Conversion Training — Within a Handgun Type in the table under Regulation .10B of this chapter; or

(c) For adding a red dot sight, the classroom instruction topics marked with an “X” for Handgun Conversion Training — Red Dot Sight.

(2) Course of Fire.

(a) If a police officer is required to complete conversion classroom instruction, training, and qualification according to §B or C(2) of this regulation, with one finger on the trigger the police officer shall discharge a minimum of 30 rounds of ammunition for each course of fire required for conversion qualification.

(b) Ammunition used for a required course of fire for conversion qualification shall be ammunition that is:

(i) Authorized by the police officer's law enforcement agency; or

(ii) The ballistic equivalent of the ammunition authorized by the police officer's law enforcement agency.

(c) The required course of fire for conversion qualification shall be completed according to requirements 3 through 10 of the table under Regulation .05 of this chapter.

(3) The following table specifies the minimum requirements for classroom instruction, training, and qualification for primary handgun conversion:

| Type of Requirement | Conversion for Red Dot Sight | Conversion for Different Primary Handgun Type | Conversion Within Primary Handgun Type | | --- | --- | --- | --- | | (1) Total minimum hours of classroom instruction, training, and qualification | 14 hours | 14 hours | 7 hours | | (2) Training drill topics | (a) Reinforcement of the fundamentals of shooting; (b) Reloading techniques; (c) Clearing malfunctions (d) Finding the dot; (e) Sight occlusion; (f) Close up techniques; and (g) Target focusing. | | | | (3) Minimum number of training rounds to be discharged at a target | 400 rounds | 400 rounds | 200 rounds | | (4) Minimum passing score for each required qualification course of fire | 70 percent for each of one day-fire and one reduced light course of fire | | |

E. Long Gun Authorization for which Conversion Training is Permitted.

(1) Before a police officer may participate in conversion classroom instruction, training, and qualification for a long gun, the police officer shall currently be authorized to use or carry a:

(a) Type 1 long gun, if conversion is for another type 1 long gun, a type 2 long gun, or a type 3 long gun;

(b) Type 2 long gun, if conversion is for another type 2 long gun or a type 3 long gun; or

(2) A police officer converting from one type of long gun to another type of long gun not listed under §E(1) of this regulation shall successfully complete entrance-level firearms classroom instruction, training, and qualification for the long gun to which the police officer is converting.

F. Long Gun Conversion — Classroom Instruction, Training, and Qualification.

(1) Long gun conversion classroom instruction shall, at a minimum, include the Classroom Instruction Topics marked with an “X” under Firearms Conversion Training—Long Gun in the table under Regulation .10B of this chapter.

(2) Long gun conversion classroom instruction, training, and qualification shall, at a minimum, meet the applicable criteria in the following table:

| Requirements | Within Type 1 Long Gun | Within Type 2 Long Gun | Within Type 3 Long Gun | From Type 1 to Type 2 | From Type 1 or 2 to Type 3 | | --- | --- | --- | --- | --- | --- | | (1) Minimum rounds discharged | 80 | 150 | 150 | 150 | 150 | | (2) Minimum hours for classroom instruction and training and qualification | 14 | 14 | 7 | 14 | 7 | | (3) Number of day-fire courses of fire | 1 | 1 | 1 | 1 | 1 |

(3) The course of fire for long gun conversion qualification shall meet the requirements specified for the type of long gun established in the table under Regulation .07A of this chapter.

G. Crediting Conversion Classroom Instruction, Training, and Qualification Toward Annual Training.

(1) A law enforcement agency may use the following conversion training toward a police officer's annual firearms classroom instruction, training, and qualification requirements for the specific firearm used in the conversion training conducted in the same calendar year:

(a) One day-fire conversion qualification score; and

(b) One reduced light conversion qualification score.

(2) If firearms conversion classroom instruction is less than 14 hours, a law enforcement agency may use a maximum of 2 hours of the firearms conversion classroom instruction toward meeting a police officer's annual firearms classroom instruction requirements in the same calendar year the conversion training was conducted.

(3) If firearms conversion classroom instruction is 14 hours or more, a law enforcement agency may use a maximum of 6 hours of the firearms conversion classroom instruction toward meeting a police officer's annual firearms classroom instruction requirements for the same calendar year the conversion training was conducted.

Cross References

12.04.02.03A(4)(a)

12.04.02.03A(5)(b)(i)

12.04.02.03A(5)(b)(ii)

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .02G and I amended, and J adopted effective July 4, 1983 (10:13 Md. R. 1180)
Administrative History: Chapter, Public Information Requests, repealed effective September 24, 1984 (11:19 Md. R. 1667)
Administrative History: ——————
Administrative History: Regulations .01—.21, Firearms Training and Instructor Certification Regulations, adopted effective January 1, 1992 (18:20 Md. R. 2199)
Administrative History: Regulation .10C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11E amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .13 amended effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .14B, C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .14C, D amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19B, C amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .20A, B amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: ——————
Administrative History: Regulations .01—.21 repealed and new Regulations .01—.13 adopted effective January 1, 2009 (35:24 Md. R. 2078)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935); April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03C amended effective September 2, 2013 (40:17 Md. R. 1420)
Administrative History: Regulation .04B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .04C adopted effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .07 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .08B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .09 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .10B amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.02.10 Classroom Instruction Requirements.

A. The table in §B of this regulation establishes minimum required classroom instruction topics for firearms classroom instruction.

B. An “X” in the following table indicates that the corresponding classroom instruction topic is required for the specified type of training:

| Classroom Instruction Topics | Entrance-Level Handgun Training | Entrance-Level Long Gun Training | Annual Firearms Training | Handgun Conversion Training-Different Type Handgun | Handgun Conversion Training Red Dot Sight | Handgun Conversion Training-Within a Handgun Type | Firearms Conversion Training-Long Gun | | --- | --- | --- | --- | --- | --- | --- | --- | | (1) Legal aspects in the use of firearms | X | X | X | | | | | | (2) Nomenclature relevant to the firearm and any added equipment for which the training is being given | X | X | X | X | X | X | X | | (3) Care and cleaning of the firearm and any added equipment for which the training is being given | X | X | X | X | X | X | X | | (4) Safe handling and safe storage of firearms | X | X | X | | | | | | (5) Fundamentals of marksmanship and shooting related to the firearm and optic, where applicable | X | X | X | | | | | | (6) Explanations and reasons for a qualification course of fire | X | | X | | | | | | (7) Ballistic properties, if applicable | X | X | X | X | | X | X | | (8) Potential situations for which the long gun is intended | | X | | | | | | | (9) Unusual characteristics | | X | | | X | | | | (10) Optical sighting devices, or red dot sight, where applicable | X | X | | | X | | X | | (11) Reduced light firing techniques | X | | X | | X | | | | (12) Mechanical Operation of the firearm | X | X | | X | X | X | X | | (13) Malfunction causes and clearing | X | X | X | X | X | X | X |

C. Legal aspects in the use of firearms, at a minimum, shall include:

(1) Rules for the use of deadly force;

(2) Alternatives to the use of deadly force;

(3) Emotional, mental, and psychological preparation needed for the possibility of a deadly force shooting situation;

(4) Judgmental or decision training on the use of deadly force; and

(5) Criminal, civil, and administrative liability for misuse of deadly force.

D. Safe handling and safe storage of firearms, at a minimum, shall address safe handling and safe storage in the following settings:

(1) At home;

(2) In a law enforcement facility;

(3) On the firing line; and

(4) On patrol.

Cross References

12.04.02.04B(2)

12.04.02.06B(1)

12.04.02.08A(2)(b)

12.04.02.09D(1)(a)

12.04.02.09D(1)(b)

12.04.02.09F(1)

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 342)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983 (10:5 Md. R. 465)
Administrative History: Regulation .02G and I amended, and J adopted effective July 4, 1983 (10:13 Md. R. 1180)
Administrative History: Chapter, Public Information Requests, repealed effective September 24, 1984 (11:19 Md. R. 1667)
Administrative History: ——————
Administrative History: Regulations .01—.21, Firearms Training and Instructor Certification Regulations, adopted effective January 1, 1992 (18:20 Md. R. 2199)
Administrative History: Regulation .10C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11E amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .13 amended effective February 9, 1998 (25:3 Md. R. 146)
Administrative History: Regulation .14B, C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .14C, D amended effective January 20, 2003 (30:1 Md. R. 25)
Administrative History: Regulation .19B, C amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: Regulation .20A, B amended effective November 22, 1993 (20:23 Md. R. 1805)
Administrative History: ——————
Administrative History: Regulations .01—.21 repealed and new Regulations .01—.13 adopted effective January 1, 2009 (35:24 Md. R. 2078)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935); April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03A amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .03C amended effective September 2, 2013 (40:17 Md. R. 1420)
Administrative History: Regulation .04B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .04C adopted effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .07 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .08B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .09 amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .10B amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

12.04.03 General Hearing Regulations

COMAR 12.04.03.01 Scope.

A. These regulations apply to administrative hearings before the Police Training Commission (Commission), where issues concerning the legal rights, duties, statutory entitlements, or privileges of specific parties are decided as required by law or constitutional right.

B. These regulations do not apply to:

(1) An employee grievance hearing;

(2) An informal investigation;

(3) A Commission action on an application for certification or recertification as a police officer;

(4) A decision made by the Executive or Deputy Director pursuant to authority delegated by the Commission;

(5) A decision to conduct or not to conduct a hearing; or

(6) A proceeding where a hearing is not required by law.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.02 General Provisions.

A. A hearing conducted by the Commission is subject to the provisions of the Administrative Procedure Act.

B. The Commission may conduct a hearing only if a majority of the Commission's authorized membership is present.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.03 Parties—Representation.

A. A party to a hearing includes an individual or agency that the Commission names or designates or who is entitled to be a party to a hearing.

B. A party may be represented by counsel at a hearing.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.04 Notice of Hearing.

A. The Commission shall provide all parties with written notice of a hearing at least 10 business days before the scheduled hearing date.

B. A written notice shall comply with State Government Article, §§10-207 and 10-208 and include:

(1) The date, time, and place of the hearing;

(2) A brief explanation of the allegations and issues;

(3) Citations of relevant law or regulation; and

(4) A copy of COMAR 12.04.03.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.05 Postponements.

A. The presiding officer may postpone a hearing upon a written request of any party, if the:

(1) Presiding officer receives the request at least 3 business days before the scheduled hearing date; and

(2) Request establishes good cause for the postponement as determined by the presiding officer.

B. Absent a postponement request, the presiding officer may postpone the hearing for good cause.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.06 Presiding Officer—Duties.

A. The Commission chairman, or a designee, shall be the presiding officer who shall:

(1) Be in charge of the hearing;

(2) Permit the examination of witnesses;

(3) Rule on the admissibility of evidence;

(4) Decide the order in which parties may testify, present evidence, or present argument;

(5) Adjourn or recess the hearing from time to time;

(6) Decide if a party is required to submit a written brief or motion supporting the party's position and establish deadlines for submissions;

(7) Reschedule the hearing if a majority of the Commission is not present; and

(8) Maintain a record of the hearing as required under State Government Article, §10-218, Annotated Code of Maryland.

B. The presiding officer shall determine that a party:

(1) Has been informed of the nature of the proceedings;

(2) Understands the language and intent of these regulations; and

(3) Is cognizant of the rights under applicable statutes upon which the subject of the hearing is conducted as well as rights under these regulations.

C. If the presiding officer is not satisfied that a party is fully informed as to these matters, the presiding officer shall note this on the record.

D. The presiding officer when deciding the case or issuing an order pursuant to the provisions of these regulations and of law shall inform the party of the right to appeal a decision or order and the methods and procedures for making that appeal.

E. The presiding officer may:

(1) Examine witnesses;

(2) Call witnesses; and

(3) Request the Office of the Attorney General to provide counsel to the Commission and to Commission staff who may be presenting evidence at the hearing.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.07 Attendance.

A. If a party fails to appear for the hearing and the presiding officer has reason to believe the party received notice of the hearing, the presiding officer may:

(1) Proceed with the hearing based on the information available; or

(2) Reschedule the hearing.

B. A party may waive the right to appear for the hearing.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.08 Hearing Procedures—Testimony and Evidence.

A. The introduction of evidence at a hearing shall comport with procedures under State Government Article, §10-213, Annotated Code of Maryland.

B. When a party is represented by counsel, only counsel may submit evidence, question witnesses and file objections, exceptions, and motions on behalf of the party.

C. A party testifying shall be under oath administered by an individual authorized by the presiding officer.

D. The presiding officer shall require the following oath be used, “Do you solemnly swear or affirm under the penalties of perjury that the responses given and statements made will be the truth, the whole truth, and nothing but the truth?”

E. The burden of proof is on the party bringing the issue before the Commission.

F. The standard of proof is a preponderance of evidence.

G. A party may submit a brief, or the presiding officer may order that a brief be submitted, concerning the issues of fact and law involved in the hearing. The presiding officer shall determine:

(1) The form for the brief; and

(2) Submission deadlines.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.09 Decisions and Orders.

A. A decision by the Commission shall be made by a majority of the members present at the hearing.

B. The presiding officer shall prepare the Commission's final decision and order in writing that includes findings of fact and conclusions of law that are based exclusively on testimony, evidence, and other matters that are a part of the hearing record.

C. The Commission shall deliver or mail a copy of the decision and order and accompanying findings and conclusions to each party or the party's counsel of record.

D. Unless specified otherwise, orders of the presiding officer or the Commission shall be immediately implemented.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.10 Request for Reconsideration.

A. A party may request reconsideration of a final decision by the Commission.

B. A request for reconsideration shall:

(1) Be in writing;

(2) Be received by the presiding officer issuing the decision not later than 10 days after receipt of the final decision or order by the party or the party's counsel of record; and

(3) State in detail the grounds for the request.

C. Within a reasonable period following receipt of the request for reconsideration, the presiding officer, with input from the Commission members hearing the case, shall either grant or deny the request.

D. The presiding officer shall mail the decision on the request for reconsideration under §C(4) of this regulation to the individual making the request.

E. At the discretion of the Commission, a request for reconsideration may stay enforcement of the order until disposition of the request or subsequent action based on that request.

F. Submitting a request for reconsideration does not stay the time requirements for filing an appeal.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.11 Transcripts of Hearing Records.

A. The Commission is not required to provide a transcript of the hearing record.

B. A party may obtain a complete or partial transcript if the party:

(1) Makes a written request for a transcript to the presiding officer; and

(2) Agrees to pay the costs of and make arrangements for a transcript.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

COMAR 12.04.03.12 Judicial Appeal.

A party aggrieved by the Commission's final decision, or by an interlocutory order, is entitled to judicial review as provided in State Government Article, §10-222, Annotated Code of Maryland, or any other applicable provision of law.

History

Administrative History: Effective date: February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland

12.04.04 Minimum Standards for Certified Firearms Safety Training

COMAR 12.04.04.01 Scope.

This chapter applies to:

A. An individual who is required by law to attend a certified firearms safety training course in order to purchase, rent, or transfer a regulated firearm;

B. A person seeking certification from the Commission to offer certified firearms safety training under this chapter;

C. A firearms safety training course approved by the Commission; and

D. A firearms safety instructor certified by the Commission.

History

Administrative History: Effective date: September 3, 2001 (28:17 Md. R. 1558)
Authority: Public Safety Article, §3-208, Annotated Code of Maryland

COMAR 12.04.04.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Certified firearms safety instructor” means an individual certified under this chapter to conduct a certified firearms safety training course.

(2) “Certified firearms training course” means an instructional program approved by the Commission to teach the safe handling of a regulated firearm.

(3) “Commission” means the Police Training Commission or an employee authorized to act in its behalf.

(4) “Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or a designee.

(5) “Police officer” has the meaning stated in Public Safety Article, §3-201(e), Annotated Code of Maryland.

(6) “Regulated firearm” has the meaning stated in Public Safety Article, §5-101, Annotated Code of Maryland.

History

Administrative History: Effective date: September 3, 2001 (28:17 Md. R. 1558)
Authority: Public Safety Article, §3-208, Annotated Code of Maryland

COMAR 12.04.04.03 Certified Firearms Safety Instructor.

A. A firearms safety instructor shall be certified in order to conduct a certified firearms safety training course under this chapter.

B. Requirements for a Certified Firearms Safety Instructor. An individual is eligible to conduct a certified firearms safety training course if the individual is:

(1) A certified police officer who has completed:

(a) Commission requirements for entrance-level firearms training; and

(b) Probationary employment requirements as a police officer; or

(2) Certified to conduct a certified firearms safety training course by:

(a) The Commission;

(b) The Department of Natural Resources;

(d) A reputable organization having as one of its objectives the promotion of competency and safety in handling handguns.

C. Commission Certification Procedure. An individual seeking certification as a firearms safety instructor under §B(2)(a) of this regulation shall:

(1) Submit a request for certification to the Deputy Director for approval; and

(2) Include a resume or other documentation indicating the individual's qualification to conduct the certified firearms safety training course.

History

Administrative History: Effective date: September 3, 2001 (28:17 Md. R. 1558)
Authority: Public Safety Article, §3-208, Annotated Code of Maryland

COMAR 12.04.04.04 Certified Firearms Safety Training Course.

A. Commission approval is required for a certified firearms safety training course designed to meet the requirements specified under Public Safety Article, §3-208, Annotated Code of Maryland.

B. A certified firearms safety training course shall include the following elements:

(1) A handgun safety component;

(2) Safe handling of a regulated firearm;

(3) Rendering a regulated firearm safe;

(4) Safe carrying and transporting of a regulated firearm;

(5) Security and storage of a regulated firearm; and

(6) Restricting access to a regulated firearm by an individual:

(a) Younger than 21 years old; or

(b) Not legally permitted to possess a regulated firearm.

C. A certified firearms safety training course shall:

(1) Be approved by the Commission;

(2) Have a handgun safety component; and

(3) Be conducted by a certified firearms safety instructor.

D. If the certified firearms safety training course is offered by the Commission, it:

(1) Shall:

(a) Be presented by a certified firearms safety instructor;

(b) Be open to all individuals required by law to complete a certified firearms safety training course;

(d) Require attendance throughout the duration of the course for successful completion; and

(e) Be free of charge to all individuals seeking to take the course; and

(2) May not:

(a) Be more than 2 hours in length; and

(b) Include a test, examination, or other measure of comprehension.

E. Commission Approval Procedure. A person seeking approval for a certified firearms safety training course under this regulation shall:

(1) Submit a request for approval to the Deputy Director; and

(2) Include a description of the course to be presented.

F. Documentation of Completion.

(1) The certified firearms safety instructor shall provide to each individual attending the certified firearms safety training course a certificate of completion.

(2) The certificate of completion shall contain the following information:

(a) Full name of the individual attending the course;

(b) Address of the individual;

(d) Name of the certified firearms safety instructor.

(3) The certified firearms safety instructor shall forward a list of all individuals attending the certified firearms safety training course to the Commission within 2 weeks.

History

Administrative History: Effective date: September 3, 2001 (28:17 Md. R. 1558)
Authority: Public Safety Article, §3-208, Annotated Code of Maryland

12.04.05 Electronic Control Device Training

COMAR 12.04.05.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Annual in-service training curriculum” means a course of study approved by the Commission that meets the requirements established for electronic control device classroom instruction, written examination, and practical exercise and is conducted as part of police officer annual in-service training and qualification under COMAR 12.04.01.12.

(2) “Commission” means the Police Training Commission or a representative authorized to act on behalf of the Commission.

(3) “Electronic control device” has the meaning stated in Criminal Law Article, §4-109, Annotated Code of Maryland.

(4) “Initial training course curriculum” means a course of study approved by the Commission that meets the requirements established for electronic control device classroom instruction, written examination, and practical exercise that an individual shall successfully complete before the individual may be authorized to carry or use an electronic control device.

(5) “Law enforcement agency” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.

(6) “Police officer” has the meaning stated in Public Safety Article, §3-215, Annotated Code of Maryland.

History

Administrative History: Effective date: January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .01B amended effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02A amended effective February 16, 2015 (42:3 Md. R. 317)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .06 repealed effective January 1, 2013 (39:15 Md. R. 964)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.05.02 Minimum Requirements.

A. This chapter establishes minimum police officer training requirements related to the use of an electronic control device.

B. A law enforcement agency may adopt police officer training requirements related to use of an electronic control device in addition to Commission requirements under this chapter.

C. A police officer may not carry or use an electronic control device as part of the police officer's official law enforcement duties before the police officer's law enforcement agency has:

(1) Approved each specific manufacturer's model of an electronic control device used as part of the police officer's duties;

(2) Certified to the Commission, on forms or in a manner determined by the Commission, that the police officer has successfully completed Commission training requirements established under this chapter for each specific manufacturer's model of an electronic control device approved by the law enforcement agency, which, at a minimum, include:

(a) Classroom instruction;

(b) A written examination; and

(c) Practical exercises demonstrating proficiency in the use of the specific manufacturer's model of an electronic control device; and

(3) Determined that the police officer has received adequate training demonstrating the ability to safely and effectively use each specific manufacturer's model of an electronic control device the police officer is authorized to carry or use.

History

Administrative History: Effective date: January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .01B amended effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02A amended effective February 16, 2015 (42:3 Md. R. 317)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .06 repealed effective January 1, 2013 (39:15 Md. R. 964)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.05.03 Police Officer Electronic Control Device Initial Training Course Curriculum.

A. A police officer is not required to complete an electronic control device initial training course curriculum under this regulation if:

(1) The police officer's authorization to use the specific manufacturer's model of an electronic control device is in effect on September 30, 2009 and the law enforcement agency has determined the police officer has:

(a) Received adequate training on the specific manufacturer's model of an electronic control device; and

(b) Demonstrated the ability to safely and effectively use the specific electronic control device; or

(2) The police officer has been authorized to carry or use a specific manufacturer's model of an electronic control device under §A(1) of this regulation and is seeking authorization to carry or use a different manufacturer's model of an electronic control device that the police officer's law enforcement agency has approved and determined:

(a) There are no significant operational differences between the current and new manufacturer's model of an electronic control device; or

(b) That the police officer has:

(i) Received adequate training; and

(ii) Demonstrated the ability to safely and effectively use the new manufacturer's model of an electronic control device.

B. Except under §A of this regulation, a police officer shall successfully complete a Commission-approved initial training course curriculum for the specific manufacturer's model of an electronic control device before the officer is authorized to carry or use the electronic control device as part of the police officer's official duties.

C. A police officer is required to complete an initial training course curriculum if after successfully completing an initial training course curriculum, the police officer has not been authorized to carry or use the approved electronic control device:

(1) Within 2 years of completing an initial training course curriculum for the specific manufacturer's model of an electronic control device; or

(2) For 2 or more years and the police officer has not met the annual in-service training curriculum requirement for the specific manufacturer's model of an electronic control device under Regulation .04 of this chapter.

D. Initial training course curriculum requirements may be completed:

(1) As part of police officer entrance-level training under COMAR 12.04.01.09; or

(2) Independent of police officer entrance-level training.

History

Administrative History: Effective date: January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .01B amended effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02A amended effective February 16, 2015 (42:3 Md. R. 317)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .06 repealed effective January 1, 2013 (39:15 Md. R. 964)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.05.04 Electronic Control Device Annual In-Service Training Curriculum.

A. A police officer authorized to use or carry a specific manufacturer's model of an electronic control device shall successfully complete annual in-service training curriculum for the specific manufacturer's model of an electronic control device.

B. A police officer who successfully completes an initial training course curriculum for a specific manufacturer's model of an electronic control device during a calendar year is not required to complete an annual in-service training curriculum for the same electronic control device until the next calendar year.

Cross References

12.04.05.03C(2)

History

Administrative History: Effective date: January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .01B amended effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02A amended effective February 16, 2015 (42:3 Md. R. 317)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .06 repealed effective January 1, 2013 (39:15 Md. R. 964)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.05.05 Electronic Control Device Training Content Requirements.

A. Minimum Commission-Approved Classroom Instruction Requirements.

(1) Only a Commission-certified electronic control device instructor may conduct Commission-approved electronic control device classroom training.

(2) Initial training course curriculum and annual in-service curriculum electronic control device classroom instruction, at a minimum, shall include the following topics related to the specific manufacturer's model of an electronic control device for which the police officer is to be authorized to carry or use:

(a) Electronic control device:

(i) Nomenclature;

(ii) Characteristics;

(iii) Capabilities;

(iv) Limitations;

(v) Maintenance; and

(vi) Operational principles and technology; and

(b) Proper electronic control device use addressing:

(i) Law enforcement agency policy and procedures;

(ii) Agency and other protocols;

(iii) Judgment and decision making;

(iv) Legal considerations;

(v) Physiological and psychological effects;

(vi) Target zones;

(vii) Side effects and individuals with an elevated risk;

(viii) After-care measures;

(ix) Defensive measures;

(x) Potential collateral occurrences; and

(xi) Safety of transport, storage, and use.

(3) A police officer shall achieve a minimum passing score of 70 percent on a written examination that tests a police officer's comprehension of the topics required under §A(2) of this regulation.

B. Minimum Commission-Approved Practical Exercise Requirements.

(1) Only a Commission-certified electronic control device instructor may conduct Commission-approved electronic control device practical exercises.

(2) Initial and annual in-service electronic control device practical exercise, at a minimum, requires that a police officer demonstrate skills related to the proper use of the specific manufacturer's model of an electronic control device the police officer carries or uses as part of official duties.

(3) If applicable to the specific manufacturer's model of an electronic control device, a police officer, at a minimum, shall demonstrate proficiency related to:

(a) Operational and functionality checks of the device;

(b) Transition between a firearm and other tactical equipment and the electronic control device;

(d) Loading and reloading;

(e) Restraint of an individual subjected to the device; and

(f) Discharge, if the device is capable of discharging a projectile.

C. Discharge Requirement.

(1) During an initial training course curriculum with the specific manufacturer's model of an electronic control device, each police officer shall discharge the device.

(2) During annual in-service training curriculum with the specific manufacturer's model of an electronic control device, the discharge requirement may be met by the instructor discharging the device to demonstrate to two or more officers rather than each officer personally discharging the device.

History

Administrative History: Effective date: January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .01B amended effective January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .02A amended effective February 16, 2015 (42:3 Md. R. 317)
Administrative History: Regulation .02B amended effective November 25, 2013 (40:23 Md. R. 1935)
Administrative History: Regulation .06 repealed effective January 1, 2013 (39:15 Md. R. 964)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

12.04.06 Instructor Training and Certification

COMAR 12.04.06.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Commission” means the Maryland Police Training and Standards Commission or a representative authorized to act on behalf of the Commission.

(2) Course of Fire.

(a) “Course of fire” means a sequence of activities related to the actual discharge of a firearm on a firing line for training or qualification.

(b) “Course of fire” does not include firearm classroom instruction.

(3) “Day fire” has the meaning stated under COMAR 12.04.02.02.

(4) “Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or the Deputy Director’s designee.

(5) “Firearm” means a pistol, revolver, or long gun.

(6) Firearm Classroom Instruction.

(a) “Firearm classroom instruction” means training conducted in a traditional educational setting such as a room with desks, chairs, books, paper, and other educational tools or equipment.

(b) “Firearm classroom instruction” does not include training conducted on a firing line.

(7) “Firing line” means an area and position from which an individual actually discharges a firearm with live ammunition for firearms training or qualification, or both, as part of a course of fire.

(8) Firearms Training,

(a) “Firearms training” means a demonstration or an exercise, in addition to firearm classroom instruction, that is provided:

(i) By an individual certified under Regulation .12 of this chapter or COMAR 12.10.06 to perform firearm classroom instruction, conduct firearms training or qualification; and

(ii) To enhance understanding, proficiency, marksmanship, and other skills related to proper firearm use and tactics, such as movement, multiple targets, judgmental or decision training, and use of cover and concealment.

(b) “Firearms training” may include drills that involve discharging rounds of ammunition.

(9) “Firearm type” means:

(a) The following handguns:

(i) Revolver; or

(ii) Pistol; and

(b) The following long guns:

(i) Shotgun; or

(ii) Long gun other than a shotgun.

(10) Handgun.

(a) “Handgun” has the meaning stated in Public Safety Article, §5-101, Annotated Code of Maryland.

(b) “Handgun” includes a:

(i) Pistol; and

(ii) Revolver.

(11) Inactive Status.

(a) “Inactive status” means a situation in which an individual, who continues to be employed by or under the supervision of a law enforcement agency or academy certified under COMAR 12.04.01.10, is temporarily relieved of duties with the law enforcement agency or academy certified under COMAR 12.04.01.10 for 30 consecutive days or more for:

(i) A medical or administrative reason that prevents the individual from completing Commission-required training; or

(ii) The purpose of suspending Commission-required training.

(b) “Inactive status” does not affect an individual’s instructor certification or eligibility for provisional certification or certification.

(12) Iron Sight.

(a) “Iron sight” means a system of shaped alignment markers, typically metal or plastic, that is used as a sighting device to assist an individual in aiming a firearm.

(b) “Iron sight” does not mean an optical, computing, red dot, or reflex style sighting device.

(13) “Judgmental or decision training” means instruction and skills development conducted in the classroom, using firearms simulation, or on a firing line, to enable an individual to:

(a) Differentiate between threat levels; and

(b) Respond appropriately to an identified threat.

(14) Law Enforcement Agency.

(a) “Law enforcement agency” has the meaning stated under Public Safety Article, §3-201, Annotated Code of Maryland.

(b) “Law enforcement agency” includes a training or personnel unit authorized to act in training or employment matters.

(15) Motorcycle.

(a) “Motorcycle” has the meaning stated in Transportation Article, §11-136, Annotated Code of Maryland; and

(b) Is designated as an emergency vehicle in accordance with Transportation Article, §11-118(1), Annotated Code of Maryland.

(16) Optical Sighting Device.

(b) “Optical sighting device” does not include an iron sight or a red dot sight.

(17) “Pistol” means a handgun that operates semi-automatically:

(a) Discharging a single round of ammunition with a pull of the trigger;

(b) Clearing the chamber of the spent casing; and

(18) “Power” means a measurement used to describe levels of visual magnification, with a number representing the level of magnification above the normal visual range.

(19) “Qualification” as used in Regulations .12, .16, and .17 of this chapter means proficiency testing by discharging a firearm on a Commission-approved course of fire to receive a score that the Commission measures against established requirements to determine if the individual meets provisions required under this chapter for certification as a Firearms Provisional Instructor, Line Instructor, or Firearms Instructor.

(20) Red Dot Sight.

(b) “Red dot sight” does not include an optical sighting device or an iron sight.

(21) Reduced Light.

(a) “Reduced light” means the normal outdoor lighting conditions that exist between dusk and dawn.

(b) “Reduced light” includes simulated natural outdoor lighting conditions such as:

(i) Artificial light; or

(ii) Goggles, headgear, or an apparatus worn to cover the eyes designed to reduce the availability of light to simulate natural reduced lighting conditions.

(22) “Revolver” means a handgun that:

(a) Fires a single round of ammunition with each pull of the trigger; and

(b) Has a cylinder containing additional rounds of ammunition that rotates to position the next round of ammunition for firing.

(23) “Term of certification” means the dates during which an individual’s certification for an instructor classification is in effect.

(24) “Training authority” means an individual of a law enforcement agency or academy certified under COMAR 12.04.01.10, who is authorized by the law enforcement agency or academy certified under COMAR 12.04.01.10 to submit under provisions of this chapter an application for any of the following for another individual:

(a) Instructor certification;

(b) Renewal of instructor certification;

(d) Exemption from instructor certification; or

(e) Waiver of certain requirements for instructor certification.

(25) “Training provider” means an entity that has Commission approval to conduct a training course.

(26) “Type 1 long gun” means a long gun with an optical sighting device greater than 4 power intended for use as a counter-sniper firearm.

(27) “Type 2 long gun” means a long gun with an optical sighting device greater than 4 power intended for use other than as a counter-sniper firearm.

(28) “Type 3 long gun” means a long gun without an optical sighting device, or with an optical device of 4 power or less.

(29) Type 4 Long Gun.

(a) “Type 4 long gun” means a long gun manufactured and sold as a shotgun that is designed to discharge a single projectile or multiple projectiles from a single round of ammunition.

(b) “Type 4 long gun” includes a long gun manufactured and sold as a shotgun regardless of the:

(i) Action; or

(ii) Use of an optical sighting device.

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.02 Instructor Certification Classifications.

A. The Commission provides instructor certification in accordance with this chapter for the following instructor classifications:

(1) Academic Provisional Instructor;

(2) Academic Instructor;

(3) Defensive Tactics Provisional Instructor;

(4) Defensive Tactics Instructor;

(5) Electronic Control Device Instructor;

(6) Emergency Vehicle Operations Provisional Instructor;

(7) Emergency Vehicle Course Safety Officer;

(8) Emergency Vehicle Operations Instructor;

(9) Firearms Provisional Instructor;

(10) Line Instructor;

(11) Firearms Instructor;

(12) Motorcycle Operator Provisional Instructor;

(13) Motorcycle Operator Course Safety Officer; and

(14) Motorcycle Operator Instructor.

B. Certification Required.

(1) Unless exempt under Regulation .04 of this chapter, an individual who provides instruction for a Commission-approved training course that is credited toward the Commission’s requirements for police officer certification under COMAR 12.04 shall be:

(a) Certified by the Commission or the Correctional Training Commission as an instructor for the type of instruction the individual is providing; and

(b) In compliance with applicable Commission regulations.

(2) An individual’s instructor certification for a specific instructor classification limits the individual to providing the type of instruction prescribed for the instructor classification established under Regulation .17 of this chapter.

Cross References

12.04.06.07E(1)(b)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.03 Selection Standards and Application.

A. Selection Standards for Instructor Certification.

(1) If an application is submitted to the Commission requesting certification of an individual for an instructor classification, at a minimum, the individual shall meet the following standards:

(a) Possess a:

(i) High school diploma issued by a high school or recognized by the State Board of Education; or

(ii) General Education Development (GED) certificate or diploma issued by Maryland or another state, or recognized by the State Board of Education.

(b) Be currently employed by or providing instruction under the supervision of:

(i) A law enforcement agency; or

(ii) An academy certified under COMAR 12.04.01.10;

(c) Satisfies requirements of this chapter for the instructor classification for which instructor certification is requested; and

(d) Be in compliance with applicable Commission regulations.

B. Application for Instructor Certification.

(1) An individual applying for instructor certification shall complete and sign a Commission instructor certification application for the requested instructor classification and submit the completed application to the training authority for the law enforcement agency or academy certified under COMAR 12.04.01.10 that:

(a) Employs the individual; or

(b) Supervises where the individual provides instruction.

(2) A training authority may not approve or sign the training authority’s own instructor certification application.

(3) If a training authority approves an individual making application for instructor certification and determines that the individual requesting certification meets requirements under this chapter for instructor certification for the instructor classification requested, the training authority shall:

(a) Sign the application and submit the application to the Commission; and

(b) Provide, with the application, documentation required by the Commission establishing that the individual requesting certification meets requirements under this chapter for the instructor classification for which certification is requested.

C. Instructor Previously Certified by the Correctional Training Commission. If an application for instructor certification is submitted to the Commission by a training authority for an individual who was previously certified as an instructor by the Correctional Training Commission not more than 3 years before the date of the application, the Commission may certify the individual as an instructor for the instructor classification formerly certified by the Correctional Training Commission, if the individual meets:

(1) The selection standards under this regulation;

(2) The applicable instructor renewal requirements under Regulation .15 of this chapter; and

(3) Additional criteria that the Commission may require.

Cross References

12.04.06.08A(2)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.04 Exemptions from Instructor Certification.

A. An individual who provides 3 hours or less of instruction for a Commission-approved training course is exempt from the requirement to have instructor certification required under this chapter if the individual does not provide instruction that is a part of:

(1) Defensive tactics training;

(2) Electronic control device training;

(3) Emergency vehicle training;

(4) Firearms training; or

(5) Motorcycle operator training.

B. The Deputy Director, upon a written request from a training authority or training provider, may exempt the following from the instructor certification requirements under this chapter:

(1) An individual currently licensed or certified by the State or a nationally recognized organization, for the purpose of providing instruction in the subject matter related to the discipline in which the individual is licensed or certified;

(2) A faculty member employed by an accredited college or university, for the purpose of providing instruction in the subject matter area for which the faculty member is employed;

(3) A currently certified emergency medical care or advanced first aid instructor, for the purpose of providing instruction related to emergency medical care or first aid; or

(4) Other individual who the Deputy Director determines to possess specialized skills or expertise for the purpose of providing instruction related to those skills or expertise.

C. A training authority may not submit the training authority’s own request for an exemption from instructor certification required under this chapter.

D. An exemption granted to an individual:

(1) Permits the individual receiving the exemption to provide instruction for Commission-approved training for the purpose under §B of this regulation for which the exemption was granted;

(2) Expires upon termination of the certification, license, or employment that is the basis for the exemption; and

(3) May be permanently revoked or temporarily suspended by the Deputy Director, as provided under Regulation .18 of this chapter.

Cross References

12.04.01.17E(6)(a)

12.04.06.02B(1)

12.04.06.18G(1)

12.04.06.18G(3)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.05 Time Limits — Extension for Inactive Status.

A. The following time limits may be extended by the amount of time that equals the length of time an individual is on inactive status:

(1) The time for completion of an applicant’s evaluations prior to submitting an application for certification or renewal of certification;

(2) The time for completion of an applicant’s training program, instructor’s course or instruction prior to submitting an application for provisional certification, certification, or renewal of certification;

(3) The time of an individual’s term of certification; and

(4) The time for completing a required firearms qualification course of fire.

B. Reporting Inactive Status to the Commission.

(1) At the request of an instructor, the training authority shall report the individual’s inactive status to the Commission.

(2) A training authority shall include in the report the date the individual is placed on inactive status and the date the inactive status ends.

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.06 Instructor Evaluation Procedures.

A. An evaluation of an individual required by this chapter for an instructor classification shall be:

(1) Conducted on a separate occasion from other evaluations of the individual who is being evaluated;

(2) Conducted by an individual who meets the requirements of this chapter or COMAR 12.10.06;

(3) Conducted while the individual being evaluated provides instruction for a course that is approved by the Commission or the Correctional Training Commission;

(4) Based on the personal observations, for a minimum of 1 hour, of the individual conducting the evaluation; and

(5) Recorded, by the individual conducting the evaluation, on a form approved by the Commission.

B. An individual may not conduct the individual’s own instructor classification evaluation.

C. The Commission may consider an unsatisfactory evaluation or commentary by an evaluator as grounds to deny instructor certification.

Cross References

12.04.06.07E(1)(c)

12.04.06.07E(3)(c)

12.04.06.08B(3)(b)

12.04.06.09B(3)(c)

12.04.06.11B(4)

12.04.06.11C(5)

12.04.06.13B(5)

12.04.06.13C(6)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.07 Academic Instructor — Training Program, Evaluation Requirements, and Waiver of Training Program.

A. A law enforcement agency, academy certified under COMAR 12.04.01.10, or training provider may conduct an Academic Instructor training program if the program is approved by the Commission.

B. Not later than 20 working days before the proposed date for the start of an Academic Instructor training program, the law enforcement agency head, academy training director, or the training provider’s official supervising the Academic Instructor training program shall submit to the Commission the proposed Academic Instructor training program for approval.

C. The following are minimum Academic Instructor training program requirements:

(1) An individual providing the Academic Instructor training shall be an Academic Instructor certified under this chapter or COMAR 12.10.06;

(2) The Academic Instructor training program shall include instruction on the following topics:

(a) An introduction to:

(i) The basic concepts of learning and teaching;

(ii) The role of training in the criminal justice profession; and

(iii) Classroom management techniques;

(b) Effective speech techniques;

(d) Development of training objectives;

(e) Development of testing strategies;

(f) Identification of the purpose of a lesson plan and its components; and

(g) Practical preparation of mock classroom lesson plans.

D. An evaluation required for an Academic Instructor training program shall be conducted by an:

(1) Academic Instructor, if the individual’s application is for Academic Instructor certification; or

(2) Instructor who meets the requirements of this chapter to perform evaluations for the instructor classification for which the individual is applying for certification.

E. Waiver for an individual to complete the Academic Instructor Training Program Requirement.

(1) Upon receiving a written application from a training authority, the Deputy Director may waive the requirement for an individual to complete the Academic Instructor training program if the individual:

(a) Is certified or licensed as an instructor by an agency of government or a non-governmental organization to provide instruction;

(b) Is currently a Provisional Instructor for one of the instructor classifications under Regulation .02 of this chapter; and

(c) Has received at least two acceptable Academic Instructor evaluations conducted in accordance with Regulation .06 of this chapter and §D of this regulation.

(2) A training authority may not submit the training authority’s own application for a waiver of the Academic Instructor training program.

(3) A training authority requesting a waiver of the Academic Instructor training program for an individual shall submit to the Deputy Director:

(a) A completed Commission’s Application for Instructor Certification;

(b) A written request that the requirement to complete the Academic Instructor training program be waived for the individual;

(c) Academic Instructor training program evaluations for the individual completed in accordance with Regulation .06 of this chapter and §D of this regulation; and

(d) Other information the Deputy Director may request.

Cross References

12.04.06.08B(2)

12.04.06.08B(3)(a)

12.04.06.09B(2)(a)

12.04.06.10A(2)

12.04.06.11C(3)

12.04.06.13C(4)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.08 Certification — Academic Provisional Instructor and Academic Instructor.

A. Academic Provisional Instructor. A training authority may submit an application to the Commission for certification of an individual as an Academic Provisional Instructor when the individual:

(1) Has 1 year of employment experience in the public safety community; and

(2) Meets the selection standards under Regulation .03A of this chapter.

B. Academic Instructor. A training authority may submit an application to the Commission for certification of an individual as an Academic Instructor when the individual has:

(1) A minimum of 2 years employment experience in the public safety community;

(2) Successfully completed, within 2 years before the date of the application, an approved Academic Instructor training program meeting the requirements of Regulation .07 of this chapter; and

(3) Received a minimum of two favorable instructor evaluations:

(a) Completed by an individual specified by Regulation .07D of this chapter within 2 years of the date of the application for certification;

(b) Conducted in accordance with Regulation .06 of this chapter; and

Cross References

12.04.01.17E(6)(a)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.09 Certification and Training Program — Defensive Tactics Provisional Instructor and Defensive Tactics Instructor.

A. Defensive Tactics Provisional Instructor Certification. A training authority may submit an application to the Commission for certification of an individual as a Defensive Tactics Provisional Instructor if the individual has:

(1) Acquired a minimum of 2 cumulative years of criminal justice related defensive tactics skills experience during the 5-year period immediately before the date of the application; and

(2) Successfully completed a Commission-approved Defensive Tactics Instructor training program not more than 2 years before the date of the application for Defensive Tactics Provisional Instructor.

B. Defensive Tactics Instructor Certification. A training authority may submit an application to the Commission for certification of an individual as a Defensive Tactics Instructor when the individual:

(1) Is a Defensive Tactics Provisional Instructor;

(2) Has successfully completed the following:

(a) A Commission-approved Academic Instructor training program that meets the requirements under Regulation .07 of this chapter; and

(b) Except if granted a waiver under §C of this regulation, a Commission-approved Defensive Tactics Instructor training program before the date of the application for Defensive Tactics Instructor certification; and

(3) As a Defensive Tactics Provisional Instructor provided a minimum total of 12 hours of defensive tactics classroom and skills instruction under the direction of a Defensive Tactics Instructor that included a minimum of:

(a) Four hours of classroom instruction in the concepts and principles of defensive tactics;

(b) Eight hours of defensive tactics practical skills instruction; and

(c) One satisfactory evaluation for each of the following, in accordance with Regulation .06 of this chapter, performed by a Defensive Tactics Instructor certified under this chapter or COMAR 12.10.06, while the individual was providing defensive tactics:

(i) Classroom instruction; and

(ii) Skills instruction.

C. Upon application by a training authority, the Deputy Director may waive the requirement under §§A(2) and B(2)(b) of this regulation that an individual complete the Defensive Tactics Instructor training program of this regulation if the individual:

(1) Successfully completed a program that was a minimum of 35 hours in length and the equivalent of a Defensive Tactics Instructor training program that meets the requirements of §F(1)(c) of this regulation; and

(2) Provides supporting evidence, such as copies of certifications or course curriculums, to document the applicant’s extensive knowledge and abilities in the skill areas specified in §F(1)(c) of this regulation.

D. A training authority may not submit the training authority’s own application for a waiver of the requirement to complete the Defensive Tactics Instructor training program required under §A(2) of this regulation.

E. The Deputy Director may limit the subject matter taught in a Defensive Tactics Training program by an individual who receives certification as a Defensive Tactics Instructor based on a waiver under §C of this regulation of the Defensive Tactics Instructor training program requirement under this regulation.

F. Defensive Tactics Instructor Training Program.

(1) A Defensive Tactics Instructor training program, at a minimum, shall:

(a) Be approved by the Commission;

(b) Be a minimum of 35 hours in length; and

(i) Balance, awareness, and self-control;

(ii) Impact weapons;

(iii) Weapon retention;

(iv) Disarming;

(v) Vital points of the human anatomy;

(vi) Control holds;

(vii) Take-downs;

(viii) Handcuffing and searching;

(ix) Escorting and Transporting an inmate or detainee;

(x) Use of force continuum;

(xi) Multiple adversaries; and

(xii) Ground-level defenses.

(2) Successful completion of a Defensive Tactics Instructor training program, at a minimum, requires:

(a) A minimum score of 80 percent on all written examinations; and

(b) Satisfactory demonstration of practical skill elements required in the program.

(3) The Commission may approve a:

(a) Defensive Tactics Instructor training program that meets the requirements under this regulation; or

(b) A combination of defensive tactics training program courses that:

(i) As determined by the Deputy Director, satisfactorily address the topics required under §F(1)(c) of this regulation; and

(ii) Is a minimum of 35 hours in length.

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.10 Certification — Electronic Control Device Instructor.

A training authority may submit an application to the Commission for certification of an individual as an Electronic Control Device Instructor if the individual seeking certification:

A. Is a Commission-certified police officer who:

(1) Is authorized by the police officer’s employing agency to carry or use the specific manufacturer’s model of an electronic control device for which the individual, if granted certification, would provide instruction; and

(2) Has successfully completed a Commission-approved Academic Instructor training program that meets requirements under Regulation .07 of this chapter.

B. Is not a Commission-certified police officer, but has:

(1) Successfully completed a Commission-approved training course for the specific manufacturer’s model of an electronic control device for which the individual, if authorized, would provide instruction; and

(2) Been determined by the Deputy Director to be qualified to provide electronic control device instruction based on the individual’s knowledge, skills, and abilities with the specific manufacturer’s model of electronic control device for which the individual, if authorized, would provide instruction.

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.11 Certification — Emergency Vehicle Operations Provisional Instructor; Emergency Vehicle Course Safety Officer; and Emergency Vehicle Operations Instructor.

A. Emergency Vehicle Operations Provisional Instructor. A training authority may submit an application to the Commission for certification of an individual as an Emergency Vehicle Operations Provisional Instructor at any time the individual has:

(1) Occupational experience operating an emergency vehicle for at least 2 years; and

(2) Successfully completed, within 5 years before the date of the application for provisional instructor certification, Commission-approved Emergency Vehicle Operations instructor’s training.

B. Emergency Vehicle Operations Course Safety Officer. A training authority may submit an application to the Commission for certification of an individual as an Emergency Vehicle Operations Course Safety Officer at any time the individual has:

(1) Occupational experience operating an emergency vehicle for at least 3 years;

(2) Previously been certified as an Emergency Vehicle Operations Provisional Instructor;

(3) Successfully provided a minimum of 40 hours of emergency vehicle operations practical skills exercises training while an Emergency Vehicle Operations Provisional Instructor; and

(4) Received at least two satisfactory evaluations, performed by an Emergency Vehicle Operations Instructor in conformity with Regulation .06 of this chapter, while conducting emergency vehicle operations practical skills exercises training.

C. Emergency Vehicle Operations Instructor. A training authority may submit an application to the Commission for certification of an individual as an Emergency Vehicle Operations Instructor at any time the individual has:

(1) Occupational experience operating an emergency vehicle for at least 3 years;

(2) Previously been certified as an Emergency Vehicle Operations Provisional Instructor;

(3) Successfully completed an approved Academic Instructor training program that meets the requirements under Regulation .07C of this chapter;

(4) Successfully provided a minimum of 56 hours of emergency vehicle operations classroom and skills instruction that includes a minimum of:

(a) 16 hours of emergency vehicle operations classroom instruction; and

(b) 40 hours of instruction for emergency vehicle operations practical skills exercise training; and

(5) Received at least two satisfactory evaluations for each of the following, performed by an Emergency Vehicle Operations Instructor in accordance with Regulation .06 of this chapter, while the individual was providing:

(a) Classroom instruction; and

(b) Emergency vehicle operations practical skills exercise training.

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.12 Certification — Firearms Provisional Instructor, Line Instructor, and Firearms Instructor.

A. Certification Requirements — General. A training authority may submit an application to the Commission for certification of an individual as a Firearms Provisional Instructor, Line Instructor, or Firearms Instructor when the individual meets the certification requirements established under this regulation for the particular instructor classification and has:

(1) Two or more years employment as a law enforcement or correctional officer within the last 5 years, during which employment the individual was authorized to use or carry a firearm for a minimum of 2 years; and

(2) Within 60 days immediately before the date of the application for instructor certification, successfully completed the qualification course of fire required by §D(5) of this regulation for the firearm type for which the individual is requesting instructor certification.

B. Certification Requirements for Firearms Provisional Instructor; Line Instructor; and Firearms Instructor.

(1) Firearms Provisional Instructor Certification Requirements. Before an individual may be certified as a Firearms Provisional Instructor, the Commission requires, at a minimum, that the individual:

(a) Meets requirements established under §A of this regulation; and

(b) Within 2 years before the date of the application for Firearms Provisional Instructor, successfully completed classroom instruction, training, and the qualification course of fire required under §D(2) and (3) of this regulation that was provided by:

(i) The Commission;

(ii) A Commission-approved program;

(iii) The United States Government or Armed Forces;

(iv) National Rifle Association; or

(v) A firearms instructor school approved by the Deputy Director.

(2) Line Instructor Certification Requirements. Before an individual may be certified as a Line Instructor, the Commission requires, at a minimum, that the individual:

(a) Meets requirements established under §A of this regulation;

(b) Successfully completed the requirements for Firearms Provisional Instructor certification established under §B(1) of this regulation;

(c) Received at least two satisfactory evaluations performed by a Firearms Instructor for the individual while providing firearms firing line training and qualification; and

(d) Provided firearms firing line training and qualification instruction that is:

(i) A minimum of 8 hours;

(ii) Provided for Commission-approved courses;

(iii) Supervised by a Line Instructor or Firearms Instructor; and

(iv) Provided for the firearm type for which the individual is requesting Firearms Line Instructor certification.

(3) Firearms Instructor Certification Requirements. Before an individual may be certified as a Firearms Instructor, the Commission requires, at a minimum, that the individual:

(a) Meets requirements established under §A of this regulation;

(b) Successfully completed a Commission-approved Academic Instructor training program;

(c) Received at least two satisfactory evaluations performed by a Firearms Instructor for the individual providing firearms classroom instruction during the Academic Instructor training program;

(d) Successfully provided at least four hours of firearms classroom instruction;

(e) Received at least two satisfactory evaluations performed by a Firearms Instructor for the individual while providing firearms firing line training and qualification; and

(f) Is currently a Commission-certified Line Instructor, or a Commission-certified Firearms Provisional Instructor who has successfully provided firearms firing line training and qualification instruction that has been:

(i) A minimum of 8 hours;

(ii) Provided for a Commission-approved course;

(iii) Supervised by a Line Instructor or Firearms Instructor; and

(iv) Provided for the firearm type for which the individual is requesting Firearms Instructor certification.

C. Experience Accepted by the Commission for Training Requirements.

(1) The Commission may accept documented firearms-related experience toward meeting the minimum training requirements for Firearms Provisional Instructor, Line Instructor, or Firearms Instructor certification.

(2) Examples of documented firearms-related experience that the Commission may accept include military training or counter sniper training.

D. Classroom Instruction, Firearms Training, and Firearms Qualification Course of Fire Requirements.

(1) Firearms classroom instruction and firearms training and qualification course of fire required by this regulation shall be approved by the Commission before being conducted.

(2) The following establishes minimum requirements for classroom instruction and firearms training and qualification course of fire for the certification of instructor classifications under this regulation:

| Requirement | Handgun | Red Dot Sight | Type 1 Long Gun | Type 2 Long Gun | Type 3 Long Gun | Type 4 Long Gun | | --- | --- | --- | --- | --- | --- | --- | | (a) Total minimum hours for classroom instruction, training and course of fire for qualification | 35 hours | 8 hours | 35 hours | 35 hours | 14 hours | 7 hours | | 24 hours when combined with red dot conversion | 56 hours when also seeking certification for one handgun type and also a type 4 long gun; 65 hours when also seeking certification for two handgun types and also one long gun type, of a type 2, 3, or 4 long gun | 35 hours when also seeking certification for one handgun type; 49 hours when also seeking certification for two handgun types | | | | | | (b) Training and qualification courses of fire total minimum rounds to be discharged | 350 rounds for one handgun type; 250 rounds each for two handgun types | 200 rounds 600 rounds when combined with red dot conversion | 150 rounds | 350 rounds | 350 rounds | 50 rounds | | (c) Qualification course of fire minimum rounds to be discharged | 30 rounds | 30 rounds | 20 rounds | 30 rounds | 30 rounds | 10 rounds | | (d) Minimum passing score Commission-approved instructor qualification course of fire | 90 percent | 90 percent | 100 percent | 90 percent | 90 percent | 90 percent | | (e) Minimum passing score each written test | 80 percent | 80 percent | 80 percent | 80 percent | 80 percent | 80 percent |

(3) Firearms Provisional Instructor classroom instruction shall meet the requirements established under §D(2) of this regulation, and at a minimum include instruction on:

(a) Firearms safety;

(b) Firearms nomenclature;

(d) Firearms cleaning and maintenance;

(e) The problem shooter;

(f) Target analysis;

(g) Ballistics;

(h) Legal issues concerning the use of force;

(i) Deadly force policy;

(j) Judgmental or decision training;

(k) Reduced light discipline;

(l) Emotional, mental, and psychological issues related to critical incidents;

(m) Commission policy and procedures;

(n) Malfunctions; and

(o) Exposure to or practical application of, or both:

(i) Designing a course of fire;

(ii) Lesson plan development; and

(iii) Classroom presentations.

(4) Firearms training shall meet the requirements established under §D(2) of this regulation, and at a minimum, include exposure to and practical application of:

(a) Firing line operations, that include:

(i) Instruction on the firing line; and

(ii) Instruction from a location overseeing the firing line;

(b) Malfunction drills;

(d) Judgmental or decision training;

(e) Range preparation and cleanup;

(f) Scoring;

(g) Target analysis;

(h) Safety; and

(i) Marksmanship fundamentals.

(5) Red Dot Sight classroom instruction and training required for an instructor level as established under §D(2) of this regulation includes, at a minimum, the following information and practical applications:

(a) Introduction to red dot sights and differences;

(b) Proper mounting and zeroing procedures;

(d) Drawing and presentation — finding the dot (practical);

(e) Common malfunctions and inclement weather issues;

(f) Co-witnessing with iron sights (practical);

(g) Target-focused shooting (practical);

(h) Close quarters vs. distance techniques (practical);

(i) Identifying and fixing common red dot sight shooter errors; and

(j) Obscured sight techniques (practical).

(6) An individual seeking instructor certification under this regulation shall successfully complete one firearms qualification course of fire that meets the requirements established under §D(2) of this regulation for each firearm type for which the individual is seeking instructor certification.

(7) An individual seeking instructor certification under this regulation shall successfully meet:

(a) For a handgun, requirements 3 through 9 of the “Handgun Day-Fire Required Course of Fire for Qualification” in the table under COMAR 12.04.02.05;

(b) For a particular type long gun, requirements 3 through 7 of the table under COMAR 12.04.02.07.

Cross References

12.04.06.01B(8)(a)(i)

12.04.06.16D

12.04.06.17B(2)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.13 Certification — Motorcycle Operator Provisional Instructor; Motorcycle Operator Course Safety Officer; Motorcycle Operator Instructor.

A. Motorcycle Operator Provisional Instructor. An application may be submitted to the Commission for certification of an individual as a Motorcycle Operator Provisional Instructor at any time the individual has:

(1) Two or more years experience operating a law enforcement agency motorcycle while a police officer;

(2) A valid driver’s license that authorizes the individual to operate a motorcycle; and

(3) Successfully completed, within 2 years before the date of the application, Commission-approved Motorcycle Operator Instructor’s training.

B. Motorcycle Operator Course Safety Officer. An application may be submitted to the Commission for certification of an individual as a Motorcycle Operator Course Safety Officer at any time the individual has:

(1) Three or more years experience operating a law enforcement agency motorcycle while a police officer;

(2) Possesses a valid driver’s license that authorizes the individual to operate a motorcycle;

(3) Previously been certified as a Motorcycle Operator Provisional Instructor for a minimum of 6 months;

(4) Successfully provided a minimum of 16 hours of motorcycle operations practical skills exercises training while a Motorcycle Provisional Instructor; and

(5) Received at least two satisfactory evaluations, performed by a Motorcycle Operator Instructor in conformity with Regulation .06 of this chapter, while conducting motorcycle practical skills exercises training.

C. Motorcycle Operator Instructor. An application may be submitted to the Commission for certification of an individual as a Motorcycle Operator Instructor at any time the individual has:

(1) Three or more years experience operating a law enforcement agency motorcycle while a police officer;

(2) Possesses a valid driver’s license that authorizes the individual to operate a motorcycle;

(3) Previously been certified as a Motorcycle Operator Provisional Instructor for a minimum of 6 months;

(4) Successfully completed an approved Academic Instructor training program that meets the requirements under Regulation .07 of this chapter;

(5) Successfully provided a minimum of 20 hours of motorcycle operations classroom and skills instruction that includes a minimum of:

(a) Four hours of motorcycle operations classroom instruction; and

(b) Sixteen hours of motorcycle operations practical skills exercise training; and

(6) Received at least two satisfactory evaluations for each of the following, in accordance with Regulation .06 of this chapter, performed by a Motorcycle Operator Instructor while the individual was providing:

(a) Classroom instruction; and

(b) Motorcycle practical skills exercise training.

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.14 Expiration of Instructor Certification.

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 12.04.01.10, 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 12.04.01.10 that submitted the application for the individual’s instructor certification requests that the individual’s instructor certification be terminated.

B. An individual’s term of certification may not expire while the individual is on inactive status.

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.15 Renewal of Instructor Certification.

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.

(2) If an individual’s instructor certification expires because the individual leaves employment or ceases to provide instruction under the supervision of a law enforcement agency or academy certified under COMAR 12.04.01.10 that submitted the application for the individual’s instructor certification and subsequently is employed by or provides instruction under the supervision of another law enforcement agency or academy certified under COMAR 12.04.01.10 whose training authority submits an application for renewal of the individual’s instructor certification:

(a) More than 90 days before the date that the individual’s term of certification expires, the:

(i) Individual is not required to meet the requirements of Regulation .16 of this chapter to receive the certification; and

(ii) Commission shall establish a new term of certification for the individual that does not exceed 12 months from the expiration date of the individual’s most recent term of certification.

(b) 90 days or less before expiration of the term of certification or 3 years or less after the expiration of the term of certification, the:

(i) Individual shall meet requirements established under Regulation .16 of this chapter to receive renewal of certification for the instructor classification; and

(ii) Certification renewal, if granted, shall be for a new term of certification established under Regulation .17B of this chapter.

(3) If an instructor certification is due to expire or has expired at the conclusion of the term of certification, the:

(a) Training authority shall submit an application for renewal of the instructor certification to the Commission not sooner than 90 days before the term of certification expires and, if certification has expired, not later than 3 years after the term of certification expired;

(b) Individual is required to meet the instructor certification requirements under Regulation .16 of this chapter to renew instructor certification; and

(c) Individual’s instructor certification shall be renewed for a new term of certification established under Regulation .17B of this chapter.

C. Instructor Certification Renewal Procedures.

(1) The Commission may renew an individual’s certification for an instructor classification if the:

(a) Individual meets requirements under this chapter for instructor certification renewal and other applicable Commission regulations;

(b) Individual completes the Commission’s renewal application and submits the completed application to the training authority for the individual’s employer; and

(c) Training authority for the individual’s employer has reviewed and approved the renewal application and submits the approved application to the Commission within the time established under this regulation.

(2) A training authority may not review, approve, or submit to the Commission the training authority’s own application for instructor certification renewal.

Cross References

12.04.06.03C(2)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.16 Instructor Certification Renewal Requirements for Instructor Classifications.

A. If a provisional instructor certification for an instructor classification expires, the individual is not required to meet the requirements of this section to renew the same provisional instructor certification classification.

B. The training authority for a law enforcement agency or academy certified under COMAR 12.04.01.10 submitting an application for instructor certification or renewal of instructor certification that the Commission last approved during the individual’s most recent term of instructor certification shall affirm that the individual meets the certification requirements specified for the instructor classification under §D of this regulation.

C. Renewal for each instructor classification requires that the individual for which a training authority has submitted an application for instructor certification renewal is recommended for instructor certification renewal by the individual’s law enforcement agency or academy certified under COMAR 12.04.01.10.

D. The following table provides the minimum requirements for an individual’s certification renewal of the instructor classifications indicated:

| Instructor Classification | Minimum Requirements for Certification Renewal | | --- | --- | | (1) Academic Instructor | During the most recent term of certification the individual is required to: (a) Have provided classroom instruction for a training course approved by the Commission or Correctional Training Commission; and (b) Demonstrate competence in providing classroom instruction while conducting classroom instruction for a training course approved by the Commission or Correctional Training Commission. | | (2) Defensive Tactics Instructor | During the most recent term of certification the individual is required: (a) To demonstrate competence in providing classroom and skills instruction which a Defensive Tactics Instructor is authorized to provide under this chapter; and (b) While conducting instruction for a training course approved by the Commission or the Correctional Training Commission, to have received a minimum of: (i) One satisfactory evaluation for defensive tactics classroom instruction; and (ii) One satisfactory evaluation for defensive tactics practical skills instruction. | | (3) Electronic Control Device Instructor | During the most recent term of certification the individual is required: (a) To demonstrate competence in providing classroom and skills instruction which an Electronic Control Device Instructor is authorized to provide under this chapter; and (b) While conducting instruction for a training course approved by the Commission or the Correctional Training Commission, to have received a minimum of: (i) One satisfactory evaluation for electronic control device classroom instruction; and (ii) One satisfactory evaluation for electronic control device practical skills instruction. | | (4) Emergency Vehicle Course Safety Officer | During the most recent term of certification the individual is required: (a) To demonstrate competence in providing skills instruction which an Emergency Vehicle Course Safety Officer is authorized to provide under this chapter; and (b) While conducting instruction for a training course approved by the Commission to have received a minimum of one satisfactory evaluation for emergency vehicle practical skills exercise instruction. | | (5) Emergency Vehicle Operations Instructor | During the most recent term of certification the individual is required: (a) To demonstrate competence in providing classroom and skills instruction which an Emergency Vehicle Operations Instructor is authorized to provide under this chapter; and (b) While conducting instruction for a training course approved by the Commission to have received a minimum of: (i) One satisfactory evaluation for emergency vehicle classroom instruction; and (ii) One satisfactory evaluation for emergency vehicle practical skills exercise instruction. | | (6) Line Instructor | The individual is required: (a) Within 60 days immediately preceding submission of the application for renewal to the Commission, to have successfully completed the firearms qualification course of fire requirements under Regulation .12 of this chapter for the firearm type for which the individual is seeking certification renewal; and (b) During the most recent term of instructor certification to have: (i) Demonstrated competence in providing skills instruction which a Line Instructor is authorized to provide under this chapter; and (ii) Received a minimum of one satisfactory evaluation while providing firearms firing line operations and skills instruction for a training course approved by the Commission or the Correctional Training Commission. | | (7) Firearms Instructor | The individual is required: (a) Within 60 days immediately preceding submission of the application for renewal to the Commission, to have successfully completed the firearms qualification course of fire requirements under Regulation .12 of this chapter for the firearm type for which the individual is seeking certification renewal; and (b) During the most recent term of instructor certification to have: (i) Demonstrated competence in providing classroom and skills instruction which a Firearms Instructor is authorized to provide under this chapter; and (ii) While conducting a training course approved by the Commission or the Correctional Training Commission, received a minimum of one satisfactory evaluation for firearms classroom instruction, and one satisfactory evaluation for firearms firing line operations and skills instruction. | | (8) Motorcycle Operator Course Safety Officer | During the most recent term of certification the individual is required: (a) To demonstrate competence in providing skills instruction which a Motorcycle Operator Course Safety Officer is authorized to provide under this chapter; and (b) While conducting instruction for a training course approved by the Commission to have received a minimum of one satisfactory evaluation for motorcycle operator practical skills exercise instruction. | | (9) Motorcycle Operator Instructor | During the most recent term of certification the individual is required: (a) To demonstrate competence in providing classroom and skills instruction which a Motorcycle Operator Instructor is authorized to provide under this chapter; and (b) While conducting instruction for a training course approved by the Commission to have received a minimum of: (i) One satisfactory evaluation for motorcycle operator classroom instruction; and (ii) One satisfactory evaluation for motorcycle operator practical skills exercise instruction. |

Cross References

12.04.06.15B(2)(a)(i)

12.04.06.15B(2)(b)(i)

12.04.06.15B(3)(b)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.17 Term of Instructor Certification and Limitations on Instruction

A. An individual may not conduct any part of the individual’s own training or instruction required by the Commission to meet instructor certification requirements under this chapter.

B. The following table establishes for each instructor classification:

(1) Limitations on instruction that may be provided; and

(2) Term of instructor certification.

| Instructor Classification | Term of Certification | Limitations on Instruction that may be provided | | --- | --- | --- | | (1) Academic Provisional Instructor | 1 year, and may be renewed with the approval of the Deputy Director. | The individual may provide instruction only while in the presence of a supervising Academic Instructor. In addition, the individual may not instruct any aspect of: (a) Defensive Tactics Training; (b) Electronic Control Device Training; (c) Emergency Vehicle Training; (d) Firearms classroom instruction, training or qualification course of fire; or ( e) Motorcycle Operations Training. | | (2) Academic Instructor | Up to 4 years, and may be renewed. | May not instruct any aspect of: (a) Defensive Tactics Training; (b) Electronic Control Device Training; (c) Emergency Vehicle Training; (d) Firearms classroom instruction, training or qualification course of fire; or (e) Motorcycle Operations Training. | | (3) Defensive Tactics Provisional Instructor | 1 year, and may be renewed with the approval of the Deputy Director. | Instructional authority is limited to providing the following, while in the presence of a supervising Defensive Tactics Instructor: (a) Classroom instruction on defensive tactics; (b) Assist with practical defensive tactics skills training; and (c) Assist in skill assessment. | | (4) Defensive Tactics Instructor | Up to 4 years, and may be renewed. | Instructional authority is limited to providing instruction in defensive tactics classroom and skills training. | | (5) Electronic Control Device Instructor | Up to 4 years, and may be renewed. | Instructional authority is limited to providing electronic control device instruction for the specific manufacturer’s model of an electronic control device for which the individual has been granted Electronic Control Device Instructor certification. | | (6) Emergency Vehicle Operations Provisional Instructor | 1 year, and may be renewed with the approval of the Deputy Director. | Instructional authority is limited to providing instruction on any aspect of emergency vehicle operations. However, a Provisional Emergency Vehicle Operations Instructor may not provide instruction on emergency vehicle operations, special maneuvers or emergency vehicle skills: (a) In the classroom, without the presence of a supervising Emergency Vehicle Operations Instructor; or (b) In a practical skills exercise without the presence of a supervising Emergency Vehicle Operations Instructor or an Emergency Vehicle Operations Course Safety Officer. | | (7) Emergency Vehicle Course Safety Officer | Up to 4 years, and may be renewed. | Instructional authority is limited to providing instruction on any aspect of emergency vehicle operations. However, an Emergency Vehicle Operations Course Safety Officer may not provide instruction on the classroom portion of emergency vehicle operations training without the presence of a supervising Emergency Vehicle Operations Instructor. | | (8) Emergency Vehicle Operations Instructor | Up to 4 years, and may be renewed. | Instructional authority is limited to providing instruction on any aspect of emergency vehicle classroom or skills operations. | | (9) Firearms Provisional Instructor | 1 year, and may be renewed with the approval of the Deputy Director. | (a) Instructional authority is limited to providing, for the firearm type with which the individual is qualified under Regulation .12 of this chapter, while in the presence of a supervising Firearms Instructor: (i) Firearms classroom instruction; (ii) Firearms training; and (iii) Qualification course of fire. (b) May not conduct the individual’s own firearms training or qualification. | | (10) Line Instructor | Up to 4 years, and may be renewed. | (a) Instructional authority is limited to providing, for the firearm type with which the individual is qualified under Regulation .12 of this chapter, firearms training and qualification course of fire. In addition, the individual may provide, for the firearm type with which the individual is qualified under Regulation .12 of this chapter, firearms classroom instruction while in the presence of a supervising Firearms Instructor. (b) May not conduct the individual’s own firearms qualification course of fire. | | (11) Firearms Instructor | Up to 4 years, and may be renewed. | (a) Instructional authority is limited to providing firearms classroom instruction, firearms training and qualification course of fire for the firearm type with which the individual is qualified under Regulation .12 of this chapter. (b) May not conduct the individual’s own qualification course of fire. | | (12) Motorcycle Operator Provisional Instructor | 1 year, and may be renewed with the approval of the Deputy Director. | Instructional authority is limited to providing instruction on any aspect of motorcycle operations. However, a Motorcycle Operations Provisional Instructor may not provide instruction on motorcycle operations: (a) In the classroom, without the presence of a supervising Motorcycle Operations Instructor; or (b) In a practical skills exercise without the presence of a supervising Motorcycle Operator Instructor. | | (13) Motorcycle Operator Course Safety Officer | Up to 4 years, and may be renewed. | Instructional authority is limited to providing instruction on any aspect of motorcycle operations. However, a Motorcycle Operator Course Safety Officer may not provide instruction on the classroom portion of motorcycle operations training without the presence of a supervising Motorcycle Operator Instructor. | | (14) Motorcycle Operator Instructor | Up to 4 years, and may be renewed. | Instructional authority is limited to providing classroom and skills instruction on any aspect of motorcycle operations. |

Cross References

12.04.06.02B(2)

12.04.06.14A(1)

12.04.06.15A

12.04.06.15B(2)(b)(ii)

12.04.06.15B(3)(c)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

COMAR 12.04.06.18 Suspension and Revocation of Instructor Certification and Exemptions.

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.

B. If the Commission has knowledge that an instructor has allegedly engaged in conduct specified under §A of this regulation, the Deputy Director shall:

(1) Provide written notice of the allegations to the instructor’s supervising authority at the law enforcement agency, correctional unit, Department of Juvenile Services, training provider, or academy certified under COMAR 12.04.01.10 or COMAR 12.10.01.14 that employs or supervises the instructor who is the subject of the allegation;

(2) Ensure the allegation is thoroughly investigated; and

(3) Conduct a hearing to allow the allegation to be presented and the instructor to respond to the allegation.

C. After reviewing the information resulting from the investigation and conducting a hearing under §B of this regulation, the Deputy Director shall decide if the allegation is supported by fact.

D. If the Deputy Director decides the allegation is supported by fact, the Deputy Director may order that the instructor’s certification be:

(1) Permanently revoked; or

(2) Temporarily suspended.

E. The Deputy Director shall submit a written report of findings to support a decision under §C of this regulation and order under §D of this regulation to:

(1) The instructor’s supervising authority at the law enforcement agency, correctional unit, Department of Juvenile Services, training provider, or academy certified under COMAR 12.04.01.10 or COMAR 12.10.01.14 that employs or supervises the instructor who is the subject of the allegation; and

(2) The Police Training Commission or Correctional Training Commission that granted the instructor’s certification.

F. The instructor who is the subject of the allegation may appeal the Deputy Director’s decision under §C of this regulation and order under §D of this regulation to the Executive Director of the Police and Correctional Training Commissions.

G. Revoking or Suspending an Instructor Certification Exemption.

(1) The Deputy Director may permanently revoke or temporarily suspend an exemption from instructor certification granted under Regulation .04 of this chapter if the individual to whom the exemption was granted engages in conduct specified by §A of this regulation.

(2) If the Deputy Director considers revoking or temporarily suspending an exemption as provided by §G(1) of this regulation, the Deputy Director shall:

(a) Comply with the requirements of §B of this regulation, and may order that the exemption be revoked or temporarily suspended as provided by §D of this regulation; and

(b) Provide a written report on the findings and order under §G(2)(a) of this regulation to the:

(i) Individual to whom the exemption was granted; and

(ii) Training authority or training provider that requested the exemption.

(3) An exemption from instructor certification granted under Regulation .04 of this chapter may be revoked or temporarily suspended by the Deputy Director if the Deputy Director determines the individual no longer possesses the specialized skills or expertise to warrant the exemption.

Cross References

12.04.06.04D(3)

History

Administrative History: Effective date: January 1, 2013 (39:15 Md. R. 964)
Administrative History: Regulation .01B amended effective April 4, 2022 (49:7 Md. R. 468)
Administrative History: Regulation .06A amended effective May 12, 2014 (41:9 Md. R. 522)
Administrative History: Regulation .12D amended effective April 4, 2022 (49:7 Md. R. 468)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-208 and 3-209; Annotated Code of Maryland

12.04.07 Police Auxiliary and Reserve Volunteer Program

COMAR 12.04.07.01 Purpose.

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.

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

COMAR 12.04.07.02 Definitions.

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.

(2) “Commission” means the Police Training Commission or a representative authorized to act on behalf of the Commission.

(3) “Comptroller” has the meaning stated in Tax-General Article, §10-101, Annotated Code of Maryland.

(4) “Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions.

(5) “Law enforcement agency” or “agency” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.

(6) Police Auxiliary or Reserve Volunteer Program.

(a) “Police auxiliary or reserve volunteer program” or “program” means an agency’s ongoing activity that uses individuals approved by the agency to assist the agency to perform administrative or technical tasks, or other services on behalf of the agency to support the agency’s duties or mission.

(b) “Police auxiliary or reserve volunteer program” or “program” may include an agency’s ongoing activity that otherwise meets requirements under §B(6)(a) of this regulation, but does not include the term auxiliary, reserve, or volunteer in the activity’s title.

(7) “Taxable year” has the meaning stated in Tax-General Article, §10-101, Annotated Code of Maryland.

Cross References

12.04.07.03B(1)

12.04.07.07B(2)(d)(iii)

12.04.07.07C(2)(c)(ii)

12.04.07.08A(2)(b)

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

COMAR 12.04.07.03 Minimum Requirements for Commission Approval of a Program.

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.

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

COMAR 12.04.07.04 Application for Commission Approval and Renewal of Approval of an Agency Program.

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.

B. Approval — Application for Commission Approval of an Agency Program.

(1) Upon receipt of an application under §A of this regulation, the Deputy Director, on behalf of the Commission, shall approve a program if the:

(a) Application is completed according to Commission requirements;

(b) Application contains sufficient information supporting that the program meets Commission requirements under this chapter and requirements under Tax-General Article, §10-208(l), Annotated Code of Maryland; and

(2) Following approval of an application, the Deputy Director shall:

(a) Establish a date when the program’s approval expires, which shall be a maximum of 4 years from the date the program was approved; and

(b) Within 10 days of approval, provide written notice of the date the program was approved and approval expiration date to the:

(i) Agency that submitted the application; and

(ii) Comptroller.

C. Denial — Application for Commission Approval of an Agency Program.

(1) Upon receipt of an application under §A of this regulation, the Deputy Director, on behalf of the Commission, shall deny approval of a program if the:

(a) Application is incomplete or improperly completed; or

(b) Program does not:

(i) Meet the requirements of this chapter or requirements under Tax-General Article, §10-208(l), Annotated Code of Maryland, for a police auxiliary or reserve volunteer program; or

(ii) Otherwise comply with the requirements of this chapter or State law or regulation.

(2) Within 10 days of denying approval of an application, the Deputy Director shall provide to the agency that submitted the application for approval a written notice stating the reason for denying approval of the application.

(3) If an application submitted by an agency for Commission approval of a program is denied, the agency may:

(a) Resubmit an application for Commission approval of the program if the agency corrects the deficiencies that the Deputy Director identified justifying denial of the application for Commission program approval; or

(b) Appeal the Deputy Director’s denial of the application for Commission approval of a program to the Commission as established under Regulation .05 of this chapter.

D. Renewal of Commission Approval of an Agency Program.

(1) Not less than 60 days before an agency’s program approval expires, the agency shall submit a Commission-approved renewal application form to the Deputy Director if the agency seeks to renew Commission approval of the program.

(2) Upon receipt of an application under §D(1) of this regulation, the Deputy Director shall review the agency’s application for renewal of Commission approval of a program for a maximum of 4 years from the date of renewal and shall:

(a) On behalf of the Commission, renew Commission approval of the program if the program meets requirements for original approval established under §B(1) of this regulation; or

(b) Deny renewal of Commission approval of the program as established under §C(1) of this regulation.

(3) Within 10 days of approving or denying an application for renewal of a Commission-approved program, the Deputy Director shall provide to the agency that submitted the renewal application and the Comptroller a written notice stating that the renewal application was:

(a) Approved and include the program renewal expiration date, which may not exceed 4 years from the date of Commission approval; or

(b) Denied and include the reason the application for program renewal was denied.

(4) If an agency’s application for renewal of Commission approval is denied by the Deputy Director, the agency may:

(a) Resubmit an application for renewal of Commission approval of the program if the agency corrects the deficiencies that the Deputy Director identified justifying denial of the application for renewal of Commission approval; or

(b) Appeal the Deputy Director’s denial of the application for renewal of Commission approval to the Commission as established under Regulation .05 of this chapter.

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

COMAR 12.04.07.05 Appeal to the Commission of Denial of Approval by the Deputy Director.

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.

C. Upon receipt of an appeal under §B of this regulation, the Executive Director shall schedule the appeal to be considered by the Commission at the next Commission meeting that is scheduled at least 30 days after the date that the appeal was received by the Executive Director.

D. At the time the agency’s appeal is heard by the Commission, the Commission:

(1) Shall permit the Deputy Director to testify and present information related to the denial;

(2) Shall permit a representative from the agency making the appeal to testify and present information related to the agency’s basis for the appeal; and

(3) May permit other individuals to testify or present information that the Commission determines relevant to the appeal.

E. Following testimony and presentation of information under §D of this regulation, the Commission, by a majority vote of the members present at the meeting, may:

(1) Sustain the denial by the Deputy Director;

(2) Grant the agency’s appeal unconditionally; or

(3) Grant the agency’s appeal with conditions.

F. Appeal of Denial — Commission’s Decision.

(1) Within 10 days following the Commission’s decision under §E of this regulation, the Executive Director, or a designee, shall provide the agency filing the appeal and the Deputy Director written notice of the Commission’s decision.

(2) If the Commission sustains the denial by the Deputy Director, the notice shall include the Commission’s reason for sustaining the denial.

(3) If the Commission grants the appeal without conditions, the notice shall include:

(a) A statement of Commission approval of the program or renewal of Commission approval; and

(b) The date of expiration of Commission approval or renewal of Commission approval, which may not exceed 4 years from the date of Commission approval of the application.

(4) If the Commission grants the appeal with conditions, the notice shall include:

(a) A statement of Commission approval of the program or renewal of Commission approval;

(b) If applicable, an explanation of the conditions with which the agency shall comply to continue Commission approval of the program or renewal of Commission approval; and

(c) The date of expiration of Commission approval or renewal of Commission approval, which may not exceed 4 years from the date of Commission approval of the application.

G. Within 10 days of the date of receipt of a written notice under §F(1) of this regulation, the Deputy Director, or a designee, shall provide written notice including the information under §F(4) of this regulation to the Comptroller.

H. A decision on an agency’s appeal of a denial of Commission approval of an agency’s program or renewal of Commission approval of an agency program is final.

Cross References

12.04.07.04C(3)(b)

12.04.07.04D(4)(b)

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

COMAR 12.04.07.06 Reporting Changes to a Program.

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.

Cross References

12.04.07.10A(1)

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

COMAR 12.04.07.07 Required Police Auxiliary or Reserve Volunteer Program Record Keeping and Reporting.

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.

B. Report to be Provided to Active Status Individuals.

(1) As required under Tax-General Article, §10-208(l)(3)(ii), Annotated Code of Maryland, on or before February 15 of each year, an agency that has a Commission-approved program shall provide a written report to each individual who the agency determines meets active status requirements in the agency’s Commission-approved program between January 1 and December 31 of the preceding year.

(2) The report under §B(1) of this regulation shall:

(a) Be in a format approved by the Commission;

(b) Identify the individual to whom the report pertains by using the information maintained under §A(2) of this regulation;

(d) Include a certification signed by an authorized official of the agency stating that the identified individual is qualified to apply for the subtraction modification established under Tax-General Article, §10-208(l), Annotated Code of Maryland, on the basis that the individual has, between January 1 and December 31 of the preceding year:

(i) Participated in a Commission-approved program;

(ii) Met requirements of Tax-General Article, §10-208(l)(2), Annotated Code of Maryland, to be considered a qualifying police auxiliary or reserve volunteer; and

(iii) Met minimum requirements for active status as defined under Regulation .02 of this chapter.

C. Agency’s Annual Report to the Commission and Comptroller.

(1) On or before October 1 each year, an agency maintaining information under §A(2) of this regulation shall submit a report to the:

(a) Commission, on behalf of the Department of Public Safety and Correctional Services; and

(b) Comptroller.

(2) The report under §C(1) of this regulation shall:

(a) Be in a format approved by the Commission;

(b) Include a statement signed by an authorized official of the agency certifying that the information provided is correct; and

(c) Provide the information that the agency maintains under §A(2) of this regulation for the period of January 1 through December 31 of the preceding year for each individual who the agency determined:

(i) Qualified to apply for the subtraction modification established under Tax-General Article, §10-208(l), Annotated Code of Maryland; and

(ii) Met minimum requirements for active status as defined under Regulation .02 of this chapter, but was not qualified to apply for the subtraction modification under Tax-General Article, §10-208(l), Annotated Code of Maryland.

Cross References

12.04.07.03B(7)

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

COMAR 12.04.07.08 Individual Eligibility to Apply for Income Tax Subtraction Modification.

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.

B. An individual is presumed to meet requirements under §A(1) of this regulation if the individual has applied for and received the subtraction modification established under Tax-General Article, §10-208(l), Annotated Code of Maryland, during any of the previous 10 calendar years by December 31 of the taxable year for which the individual is applying for the subtraction modification.

C. An individual applying for the subtraction modification established under Tax-General Article §10-208(l), Annotated Code of Maryland, shall comply with procedures established by Comptroller for claiming the subtraction modification.

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

COMAR 12.04.07.09 Commission Audit Authority.

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.

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

COMAR 12.04.07.10 Revocation of Program Approval.

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.

B. Before revoking Commission approval of an agency’s program, the Deputy Director shall:

(1) Notify the agency of the specific requirement with which the agency’s program does not comply; and

(2) Provide the agency up to 30 days to bring the program into compliance.

C. The Deputy Director shall notify the Comptroller if the Deputy Director revokes Commission approval of an agency’s program.

D. An agency may appeal a decision by the Deputy Director to revoke Commission approval of the agency’s program according to procedures established under Regulation .11 of this chapter.

Cross References

12.04.07.11A

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

COMAR 12.04.07.11 Appeal of Revocation of Commission Approval.

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.

D. At the time the agency’s appeal is heard by the Commission, the Commission:

(1) Shall permit the Deputy Director to testify and present information related to the revocation;

(2) Shall permit a representative from the agency making the appeal to testify and present information related to the agency’s basis for the appeal; and

(3) May permit other individuals to testify or present information that the Commission determines relevant to the appeal.

E. Following testimony and presentation of information under §D of this regulation, the Commission, by a majority vote of the members present at the meeting, may:

(1) Sustain the revocation by the Deputy Director;

(2) Grant the agency’s appeal and reinstate Commission approval unconditionally; or

(3) Grant the agency’s appeal and reinstate Commission approval with conditions.

F. Appeal of Revocation — Commission’s Decision.

(2) If the Commission sustains the revocation by the Deputy Director, the notice shall include the Commission’s reason for sustaining the Deputy Director’s revocation.

(3) If the Commission reinstates Commission approval of the program without conditions, the notice shall include a statement as to the reinstatement of Commission approval.

(4) If the Commission reinstates Commission approval of the program with conditions, the notice shall include:

(a) A statement as to the reinstatement of Commission approval of the program; and

(b) An explanation of the conditions with which the agency shall comply to continue Commission approval of the program.

H. A decision on an agency’s appeal of a revocation of Commission approval of an agency’s program is final.

Cross References

12.04.07.10D

History

Administrative History: Effective date: November 12, 2012 (39:22 Md. R. 1429)
Authority: Correctional Services Article, §2-109; Public Safety Article, §3-208(a); Tax-General Article, §10-208; Annotated Code of Maryland

12.04.08 Special Tactical Response

COMAR 12.04.08.01 Purpose.

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.

History

Administrative History: Effective date: September 21, 2020 (47:19 Md. R. 849)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.08.02 Definitions.

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;

(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.

History

Administrative History: Effective date: September 21, 2020 (47:19 Md. R. 849)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.08.03 Special Tactical Response Team.

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

(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;

(2) Ensure team members successfully complete the individual and team training requirements established in Regulation .04A of this chapter prior to initial deployment; and

(3) Ensure special tactical response teams:

(a) Conduct an assessment of the tactical needs presented by the circumstances present in each unique situation; and

(b) Adhere to the training and deployment requirements as set forth in this chapter and according to agency policy and procedures.

B. A special tactical response team shall be composed of police officers with the advanced tactical training and expertise who are able to engage responsibly in the operational functions described in §C of this regulation and shall, at minimum, include:

(1) A tactical commander of supervisory rank who has overall responsibility for team personnel, training, operations, deployment, and after-action documentation;

(2) A team leader who is a team member of senior team status or rank, reports directly to the tactical commander, and develops and executes tactical response training and operations; and

(3) Team members who provide specialized law enforcement capabilities to contain, prevent, or respond to critical and high-risk situations.

C. A special tactical response team’s operational functions include, but are not limited to:

(1) Tactical command and control;

(2) Perimeter control and containment;

(3) Entry and apprehension; and

(4) Hostage rescue.

D. A police officer’s assignment to a special tactical response team may be a full-time position or designated as a collateral-duty.

E. A special tactical response team may include police officers from a single law enforcement agency or police officers from multiple law enforcement agencies.

F. Each regional or multi-agency special tactical response team shall develop the appropriate agreements, protocols, and procedures for interagency cooperation that:

(1) Delineate, establish, and specify a law enforcement chain of command, operational control, duties and responsibilities of supporting units, and joint training requirements; and

(2) Specify which agency is charged with jurisdiction in the event of a criminal investigation involving the actions of a team member, such as an officer-involved shooting.

History

Administrative History: Effective date: September 21, 2020 (47:19 Md. R. 849)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.08.04 Minimum Training Requirements for a Special Tactical Response.

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;

(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.

(2) A Commission-approved course of study for initial special tactical response shall include a minimum of 40 hours of classroom instruction, written examination, and practical exercise that meets the standards established in §A(1) of this regulation.

(3) Successful completion of a Commission-approved course of study for initial special tactical response requires a police officer to obtain a minimum passing score of 80 percent in all classes.

B. Continuing Quarterly and Annual Special Tactical Response Training Standards.

(1) Quarterly, each team leader and member shall complete a minimum of 24 hours of documented training in one or more of the following special tactical core competencies:

(a) Weapons, munitions, and equipment;

(b) Individual and team movement;

(d) Specialized tactical functions.

(2) Each special tactical response team shall successfully complete a minimum of 40 hours of documented, team-based training over a 12-month period, with the full team, consisting of lectures, drills, operational risk assessments, and scenario-based exercises.

(3) Training hours obtained during a team-based training as specified in §B(2) of this regulation may be applied to an individual team member’s quarterly training requirement if the team-based training:

(a) Covers one or more of the topics identified in §B(1) of this regulation; and

(b) Occurs during the quarter for which the team member is seeking credit.

(4) If a team member maintains one or more specialized team positions, such as deliberate hostage rescue, or integrated tactical response K-9, the team member shall participate in additional documented training that is mandated and specific to each specialized position.

C. Special Tactical Response Training Requirements for a Tactical Commander.

(1) A tactical commander shall attend and successfully complete a documented tactical commander course within 1 year of assignment to a special tactical response team.

(2) Biennially, a tactical commander shall successfully complete a minimum of 16 hours of one or more of the following training topics:

(a) Review of criminal incidents and tactical response operations;

(b) Legal issues;

(d) Deployment and guidelines for deployment;

(e) Hostage rescue;

(f) Tactical team operations;

(g) Command and control;

(h) Command post operations;

(i) Tactical operation procedures;

(j) Tactical components and capabilities;

(k) Tactical considerations and mission; and

(l) Training scenarios and problem-solving simulations.

Cross References

12.04.08.03A(2)

History

Administrative History: Effective date: September 21, 2020 (47:19 Md. R. 849)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.08.05 No-Knock Warrant Service.

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.

B. Regardless of whether a judicial officer has authorized a police officer to enter a premises without knocking and announcing the police officer’s presence prior to entry, a police officer shall, based upon exigent circumstances existing at the time of the entry determine whether such an announcement:

(1) Is reasonable;

(2) Increases the risk or danger to the police officer and others; or

(3) Inhibits the effective investigation of a crime by enabling the destruction or tampering of evidence.

History

Administrative History: Effective date: September 21, 2020 (47:19 Md. R. 849)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.08.06 Minimum Training Standards for Police Officers Involved in a No-Knock Warrant Service.

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.

B. A Commission-approved no-knock warrant service course shall include a minimum of 24 hours of instruction.

C. Successful completion of a no-knock warrant service course requires a police officer to obtain a minimum passing score of 80 percent in all classes.

Cross References

12.04.08.05A(1)

History

Administrative History: Effective date: September 21, 2020 (47:19 Md. R. 849)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.08.07 Deployment.

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.

B. After-Action Debriefing and Report.

(1) A tactical commander, or senior member, shall conduct a debriefing of each incident in which a special tactical response or police officers involved in no-knock warrant operations were deployed.

(2) A tactical commander shall prepare, appropriately disseminate, and retain an after-action report in accordance with agency policy and Maryland law.

History

Administrative History: Effective date: September 21, 2020 (47:19 Md. R. 849)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§3-207 and 3-208; Annotated Code of Maryland

COMAR 12.04.09.01 Purpose.

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..

History

Administrative History: Effective date:
Administrative History: Regulations .01—.07 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 941); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.07 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Administrative History: Regulation .02B amended effective February 3, 2025 (52:2 Md. R. 68)
Administrative History: Regulation .04B amended effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .06E, F adopted effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .07B amended effective November 10, 2025 (52:22 Md. R. 1096)
Authority: Public Safety Article, §§3-114, 3-207, and 3-208, Annotated Code of Maryland

COMAR 12.04.09.02 Definitions.

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;

(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” means:

(a) For Baltimore City, the Mayor and City Council of Baltimore City;

(b) For a charter county:

(i) That does not have an elected chief executive officer, the county council; or

(ii) That has an elected chief executive officer, the county council or the county council and the county executive, as provided by the county charter;

(d) For a commission county, the county commissioners.

(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.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.07 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 941); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.07 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Administrative History: Regulation .02B amended effective February 3, 2025 (52:2 Md. R. 68)
Administrative History: Regulation .04B amended effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .06E, F adopted effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .07B amended effective November 10, 2025 (52:22 Md. R. 1096)
Authority: Public Safety Article, §§3-114, 3-207, and 3-208, Annotated Code of Maryland

COMAR 12.04.09.03 Police Accountability Board.

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

(2) An appointed member shall sign an agreement to maintain the confidentiality of PAB matters related to individual complaints until final disposition.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.07 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 941); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.07 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Administrative History: Regulation .02B amended effective February 3, 2025 (52:2 Md. R. 68)
Administrative History: Regulation .04B amended effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .06E, F adopted effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .07B amended effective November 10, 2025 (52:22 Md. R. 1096)
Authority: Public Safety Article, §§3-114, 3-207, and 3-208, Annotated Code of Maryland

COMAR 12.04.09.04 State Administrative Charging Committee and Local Administrative Charging Committees.

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.

B. A law enforcement agency shall establish written procedures for handling complaints of police officer misconduct that do not involve members of the public.

(1) A law enforcement agency shall use the Uniform State Disciplinary Matrix, promulgated in COMAR, 12.04.10, for complaints that result in an administrative charge.

(2) Administrative charges arising out of an investigation of alleged police officer misconduct, not involving a member of the public, must be filed within one year and one day, pursuant to Public Safety Article, §3-113(c), Annotated Code of Maryland.

C. Public Invitation to Apply for ACC.

(1) At least 30 days prior to selecting a member, an ACC jurisdiction shall publicly invite individuals to apply for an appointment to a membership vacancy on the ACC.

(2) An ACC jurisdiction shall, at minimum, publicly announce on its website an ACC appointment prior to the member’s initial term, successive term, or expiration of term.

D. ACC Membership Eligibility.

(1) To the extent permitted by law, an ACC jurisdiction may limit its membership eligibility by requiring, for example, a member to be:

(a) At least 21 years old;

(b) A legal resident or citizen of the United States of America;

(d) Of good moral character; and

(e) Free from bias that may negatively impact the integrity of the ACC.

(2) If permitted by law, an ACC jurisdiction may exclude an individual from appointment to its ACC for ethical and public trust-related reasons consistent with the ACC’s business needs. An ACC jurisdiction’s reasons for exclusion may include, but are not limited to:

(a) An individual has a demonstrable conflict of interest, as determined by the ACC jurisdiction;

(b) An individual is under criminal investigation by a law enforcement agency;

(d) An individual has been convicted of, or has received probation before judgement for, a felony or misdemeanor for which a sentence for 1 or more years could have been imposed.

E. ACC Membership Requirements.

(1) To the extent consistent with Public Safety Article, §3-104, Annotated Code of Maryland, an ACC jurisdiction may require as a condition of its membership that an individual applying to be an ACC member:

(a) Submit to a background investigation with the law enforcement agency or investigative firm chosen by the ACC jurisdiction to which the individual has applied;

(b) Successfully complete the Police Training and Standards Commission’s required training before serving as a member; and

(c) Sign an agreement to maintain the confidentiality of matters and information considered by the ACC until final disposition.

(2) Background Investigation.

(a) To the extent permitted by law, an ACC jurisdiction may authorize a background investigation to determine if an individual applying to be an ACC member is:

(i) Of good moral character; and

(ii) Unencumbered by conflicts of interest.

(b) An ACC jurisdiction shall ensure that a background investigation includes, but is not limited to:

(i) An examination of publicly available records; and

(ii) A review of the individual’s presence on social media websites, applications, and platforms.

(c) The law enforcement agency or firm conducting the background investigation shall report the results in writing to the ACC jurisdiction that made the request.

F. Grounds for Refusal of an Appointment to the ACC. If permitted by law, an ACC jurisdiction may refuse to appoint an individual to serve as a member, if the individual:

(1) Does not meet the eligibility requirements imposed by the ACC jurisdiction under §D of this regulation;

(2) Does not agree to the membership requirements imposed by the ACC jurisdiction under §E(1) of this regulation; or

(3) Is determined to be unsuitable for membership by the ACC jurisdiction based on the results of the background investigation.

G. Self-Reporting of Adverse Events.

(1) A member has an ongoing and continuous obligation to report immediately to the chairman of the ACC any event that may harm the public trust of the ACC.

(2) Adverse events include, but are not limited to:

(a) Conflicts of interest;

(b) Criminal charges;

(d) Criminal convictions.

H. Terms of Appointment.

(1) Subject to §H(2) of this regulation, and to the extent such limitations are permitted by law, the term for each appointed ACC member may be limited to a specified period of time.

(2) In order to maintain the continuity of ACC operations, an ACC jurisdiction may, during its establishment of an ACC, stagger its members’ initial terms of appointment.

(3) To the extent permitted by law, an ACC jurisdiction may impose term limits for appointment to an ACC.

(4) Removal or Resignation of an ACC Member.

(a) If an ACC jurisdiction decides to remove a member from the ACC prior to the end of the member’s term, the ACC jurisdiction shall provide written notification of the decision to the member and the ACC’s chairman.

(b) An ACC jurisdiction shall immediately remove a member who fails to maintain confidentiality as established under §E of this regulation.

(c) A member may resign from an ACC at any time by providing written notification to the ACC jurisdiction and the ACC chairman.

I. Election of an ACC Chairman.

(1) The members shall choose a chairman from their membership.

(2) A chairman shall follow Robert’s Rules of Order.

(3) A chairman’s responsibilities include:

(a) Establishing the meeting schedule, with a minimum of one meeting per month;

(b) Establishing a written agenda for each meeting for dissemination to the members in advance of each meeting;

(d) Coordinating a meeting in accordance with the agenda;

(e) Inviting discussion among members before voting;

(f) Inviting motions, seconds, and votes from members;

(g) Ensuring that a record of all business conducted by the ACC is kept; and

(h) Promptly reporting to the ACC jurisdiction any concerns or adverse events as established under §G(2) of this regulation.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.07 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 941); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.07 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Administrative History: Regulation .02B amended effective February 3, 2025 (52:2 Md. R. 68)
Administrative History: Regulation .04B amended effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .06E, F adopted effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .07B amended effective November 10, 2025 (52:22 Md. R. 1096)
Authority: Public Safety Article, §§3-114, 3-207, and 3-208, Annotated Code of Maryland

COMAR 12.04.09.05 ACC Meetings.

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.

D. In order to maintain confidentiality, an ACC shall:

(1) Adhere to the requirements for closed sessions as required in the Maryland Open Meetings Act; and

(2) Utilize secure methods to electronically transmit documents, files, notes, and any other materials pertaining to a complaint and subsequent investigation.

E. Quorum and Attendance.

(1) Three members constitute a quorum and a quorum shall be in attendance prior to conducting any ACC business.

(2) ACC meetings may be conducted in person or remotely via secure video connection.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.07 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 941); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.07 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Administrative History: Regulation .02B amended effective February 3, 2025 (52:2 Md. R. 68)
Administrative History: Regulation .04B amended effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .06E, F adopted effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .07B amended effective November 10, 2025 (52:22 Md. R. 1096)
Authority: Public Safety Article, §§3-114, 3-207, and 3-208, Annotated Code of Maryland

COMAR 12.04.09.06 Law Enforcement Agency Investigation.

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.

B. Complaints Not Eligible for Mediation. A law enforcement agency shall complete a thorough investigation upon receipt of a complaint of alleged police officer misconduct, which is not eligible for mediation, as prescribed pursuant to Public Safety Article, §§3-102 and 3-103, Annotated Code of Maryland.

C. Upon completion of an investigation involving a member of the public, the law enforcement agency shall forward to the ACC the investigative files for the matter and any agency head recommendations within 3 business days of the date the:

(1) Law enforcement agency completed its investigation and agency review; or

(2) Agency head of the law enforcement agency completes the agency review and issues a written recommendation regarding the imposition of discipline consideration by the ACC.

D. Recommendation by Agency Head of the Law Enforcement Agency.

(1) An agency head may include a written recommendation for the ACC to consider regarding the matter under investigation.

(2) The written recommendation may include an agency head’s:

(a) Opinion regarding whether the police officer should be disciplined;

(b) Explanation of aggravating or mitigating factors or circumstances; and

(c) Recommendation for a remedial measure, if the ACC determines not to impose administrative charges against the police officer.

(3) If an agency head believes that discipline is warranted, based on the facts presented in the investigation, an agency head may make a specific recommendation for discipline in accordance with the Uniform State Disciplinary Matrix, as approved by the Police Training and Standards Commission under Public Safety Article, §3-105, Annotated Code of Maryland.

E. Except as set forth in §F of this regulation, for any alleged police misconduct involving a member of the public and a police officer:

(1) The investigating unit shall complete its investigation and forward its findings to the administrative charging committee within 334 days after the filing of a complaint by a member of the public or initiation of a complaint by the law enforcement agency in the absence of a complaint by a member of the public;

(2) The administrative charging committee shall review the administrative findings and make a determination or ask for further investigation within 30 days after receipt; and

(3) The process of review and investigation by the investigating unit, through disposition by the administrative charging committee, shall be completed within 395 days after the filing of a complaint by a member of the public.

F. Where alleged police officer misconduct is the subject of a criminal investigation, an administrative charging committee or law enforcement agency shall file any administrative charges within 1 year and 1 day after the date of:

(1) The investigating law enforcement agency’s timely determination that the matter is not related to criminal activity;

(2) The disposition of all criminal charges filed against the police officer; or

(3) The administrative charging committee’s or law enforcement agency’s receipt of timely notice that the appropriate prosecutorial authority declined to file criminal charges.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.07 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 941); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.07 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Administrative History: Regulation .02B amended effective February 3, 2025 (52:2 Md. R. 68)
Administrative History: Regulation .04B amended effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .06E, F adopted effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .07B amended effective November 10, 2025 (52:22 Md. R. 1096)
Authority: Public Safety Article, §§3-114, 3-207, and 3-208, Annotated Code of Maryland

COMAR 12.04.09.07 ACC Deliberation and Determination.

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.

(2) An ACC, in the performance of its duties under Public Safety Article, §3-104(f)(1), Annotated Code of Maryland, may request additional information from and investigation by the law enforcement agency that conducted the initial investigation.

(3) Conflict of Interest.

(a) An ACC member shall abstain from participation in the review, deliberation, voting, and determination of whether to impose administrative charges against a police officer if the ACC member has a specific conflict of interest related to either the police officer under investigation or the complainant.

(b) An ACC member with a potential conflict of interest shall announce the existence of the potential conflict of interest prior to any receipt of the materials contained in the investigative file or any deliberations of the complaint.

(c) If an ACC member becomes aware of a potential conflict of interest after receiving a copy of the investigative file or beginning deliberation, the ACC member shall immediately announce the existence of a potential conflict of interest to the other members of the ACC.

(d) ACC members shall discuss the details of the potential conflict of interest, and, if the majority determines that the conflict is such that the affected member should not be involved, that member shall be excused from the meeting prior to any consideration of the matter and shall return only after voting on the matter has concluded.

B. Determination.

(1) Following deliberation of the investigative file, interviews, body camera footage, and other available materials, an ACC determination shall be made by a majority vote of the members in attendance.

(2) Each ACC member shall cast one vote and may not abstain unless prohibited from participating in accordance with §A(3) of this regulation.

(3) If an ACC makes a determination that administrative charges should be filed, the ACC shall make a recommendation in accordance with the Uniform State Disciplinary Matrix established under Public Safety Article, §3-105, Annotated Code of Maryland.

(4) An ACC may not administratively charge a police officer for conduct for which the police officer has previously been disciplined or sanctioned.

(5) An ACC may not administratively charge a police officer who was not the subject of the investigating unit’s administrative findings and must request additional investigation into the actions of another police officer who was not subject to the investigation and administrative findings of the original complaint.

(6) Within 5 business days of the completed deliberations and vote, an ACC shall forward a written opinion and charging recommendation to the agency head, the police officer, and the complainant.

C. Law Enforcement Agency — Receipt of Written Opinion.

(1) Upon receipt of an ACC’s administrative charging document and written opinion detailing the findings, determinations, and recommendations, the agency head of the law enforcement agency shall perform the duties assigned under Public Safety Article, §3-105(c), Annotated Code of Maryland.

(2) An agency head may offer the same discipline recommended by an ACC or a higher degree of discipline within the applicable range of the Uniform State Disciplinary Matrix but may not deviate below the ACC’s recommendation.

(3) A police officer may:

(a) Accept the discipline as originally offered by an agency head; or

(b) Refuse the discipline as originally offered by an agency head and have the matter referred to a trial board.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.07 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 941); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.07 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Administrative History: Regulation .02B amended effective February 3, 2025 (52:2 Md. R. 68)
Administrative History: Regulation .04B amended effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .06E, F adopted effective November 10, 2025 (52:22 Md. R. 1096)
Administrative History: Regulation .07B amended effective November 10, 2025 (52:22 Md. R. 1096)
Authority: Public Safety Article, §§3-114, 3-207, and 3-208, Annotated Code of Maryland

12.04.10 Uniform State Disciplinary Matrix

COMAR 12.04.10.01 Purpose.

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.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.05 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 944); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.05 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Authority: Public Safety Article, §§3-105, 3-114 and 3-208, Annotated Code of Maryland

COMAR 12.04.10.02 General Provisions.

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.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.05 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 944); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.05 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Authority: Public Safety Article, §§3-105, 3-114 and 3-208, Annotated Code of Maryland

COMAR 12.04.10.03 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administrative Charging Committee (ACC)” has the meaning stated in Public Safety Article, §3-104, Annotated Code of Maryland.

(2) Aggravating Factor.

(a) Aggravating factor" means conditions or events related to a police misconduct violation that may increase the seriousness of the violation and degree of penalty as specified in the Uniform State Disciplinary Matrix.

(b) “Aggravating factor” includes, but is not limited to the following:

(i) A police officer’s prior disciplinary history;

(ii) A police officer’s prior negative work history, including non-disciplinary corrective action;

(iii) A police officer’s rank;

(iv) A violation was committed willfully or for personal gain;

(v) A police officer’s effort to conceal the violation, or to be untruthful or dishonest;

(vi) A police officer’s failure to cooperate with an investigation into alleged misconduct;

(vii) A violation was retaliatory in nature;

(viii) A violation or behavior was motivated by bias against a member or group of protected class under Maryland’s hate crimes law, as stated in Criminal Law Article, §10-304, Annotated Code of Maryland or the Anti-Employment Discrimination law as stated in State Government Article, §20-602, Annotated Code of Maryland or other state and federal hate crimes law;

(ix) The police officer’s expressed unwillingness to comply with policy, tactics, or performance standards;

(x) The impact of the violation on the community or the law enforcement agency’s ability to carry out its mission;

(xi) The degree to which the violation caused or could have caused the loss of life or injury; and

(xii) The degree to which the violation caused loss or damage to public or private property.

(3) “Formal written counseling (FWC)” means a written warning given to a police officer that outlines a police officer’s misconduct and serves as the least severe form of discipline.

(4) “Law enforcement agency” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.

(5) “Letter of reprimand” means a formal letter given to a police officer detailing the wrongful action and detailing the required corrective action.

(6) “Loss of leave” means the removal of paid time off from a police officer’s earned and accrued paid time off total.

(7) “Loss of pay” means the suspension from duty without pay.

(8) “Mediation” means a process in which parties in a dispute work with one or more impartial mediators who assist the parties in reaching a voluntary agreement for the resolution of a nonviolent dispute or conflict.

(9) Mitigating Factor.

(a) “Mitigating factor” means a condition or event related to a policy violation that may decrease the seriousness of the violation and degree of discipline.

(b) “Mitigating factor” includes, but is not limited to, the following:

(i) A police officer’s actions are attributable to selfless concern for the wellbeing of others;

(ii) A police officer’s lack of disciplinary history;

(iii) A police officer’s complimentary work history;

(iv) A police officer’s prior positive work history;

(v) A violation was the inadvertent result of reasonable, otherwise compliant performance;

(vi) A police officer’s prompt acceptance of responsibility for the conduct and willingness to be held accountable;

(vii) A police officer’s commission of the violation at the direction of a superior;

(viii) A police officer’s exposure to unusually serious workplace tensions and stressors; and

(ix) The violation is attributable to limitations beyond the control of the police officer based on a physical or mental disability.

(10) “Penalty days” means either the forfeiture of vacation days or the imposition of suspension without pay for a specified period of time, or both. The number of hours that determines a day is based on the police officer’s work schedule.

(11) “Police misconduct” has the meaning stated in Public Safety Article, §3-101, Annotated Code of Maryland.

(12) “Police officer” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.

(13) “Remedial training” means training designed to correct the behavior of:

(a) A police officer who has failed to perform the police officer’s duties with the skill, knowledge, and ability expected and required of an individual given the authority and responsibility to enforce the law; or

(b) A police officer who has demonstrated a need for additional training.

(14) “Sustained violation” means an investigation has revealed sufficient evidence to impose administrative charges against a police officer for a violation category established in Regulation .04 of this chapter.

(15) “Uniform State Disciplinary Matrix” has the meaning stated in Public Safety Article, §3-101, Annotated Code of Maryland.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.05 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 944); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.05 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Authority: Public Safety Article, §§3-105, 3-114 and 3-208, Annotated Code of Maryland

COMAR 12.04.10.04 Uniform State Disciplinary Matrix.

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.

B. Disciplinary Ranges.

(1) The range of disciplinary penalties within the Uniform State Disciplinary Matrix includes:

(a) A formal written counseling;

(b) A letter of reprimand;

(d) Suspension and loss of pay;

(e) Demotion; and

(f) Termination.

(2) A law enforcement agency shall determine the number of hours that constitutes a penalty day, based on a police officer's work schedule.

C. Additional Corrective Measures.

(1) In addition to the disciplinary penalties established within the Uniform State Disciplinary Matrix a law enforcement agency head, ACC or trial board following a determination to impose administrative charges, may:

(a) Refer the police officer to:

(i) Counseling;

(ii) An employee assistance program;

(iii) Remedial training; or

(iv) Another police officer assistance program permitted by a law enforcement agency's policy;

(b) Suspend or remove a police officer from a take-home car program; and

(2) The options listed in §C(1) of this regulation may be independently imposed by police management in addition to any administrative charges imposed by an ACC or trial board.

D. Violation Categories.

(1) The Uniform State Disciplinary Matrix includes six designated violation categories that represent a progression in the severity of police misconduct violation.

(2) Category A Violation.

| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors | | | | --- | --- | --- | --- | --- | | Category A: Conduct that has or may have a minimal negative impact on operations or professional image of the law enforcement agency. | One: 1st Violation | Formal Written Counseling | to | Letter of Reprimand | | Two: 2nd Violation in 24 Months | Formal Written Counseling | to | Up to 1 Day Loss of Leave or Loss of Pay | | | Three: 3rd Violation in 24 Months | GO TO CATEGORY B LEVEL 1 | | | |

(3) Category B Violation.

| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors | | | | --- | --- | --- | --- | --- | | Category B: Conduct that has or may have a negative impact on the operations or professional image of law enforcement agency; or that negatively impacts relationships with other officers, agencies, or the public. | One: 1st Violation | Letter of Reprimand | to | Up to 2 Days Loss of Leave or Loss of Pay | | Two: 2nd Violation in 36 Months | 1 Day Loss of Leave or Loss of Pay | to | Up to 3 Days Loss of Leave or Loss of Pay | | | Three: 3rd Violation in 36 Months | GO TO CATEGORY C LEVEL 1 | | | |

(4) Category C Violation

| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors | | | | --- | --- | --- | --- | --- | | Category C: Conduct that involves a risk to safety or that has or may have a pronounced negative impact on the operations or professional image of the law enforcement agency or a member, or on relationships with other officers, agencies, or the public. | One: 1st Violation | 2 Days Loss of Leave or Loss of Pay | to | Up to 4 Days Loss of Pay | | Two: 2nd Violation in 48 Months | 3 Days Loss of Leave or Loss of Pay | to | Up to 5 Days Loss of Pay | | | Three: 3rd Violation in 48 Months | GO TO CATEGORY D LEVEL 1 | | | |

(5) Category D Violation.

(a)

| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors | | | | --- | --- | --- | --- | --- | | Category D: Conduct substantially contrary to the values of the law enforcement agency or that substantially interferes with its mission, operations, or professional image, or that involves a serious risk to officer or public safety, or intentionally violates law enforcement agency policy. | One: 1st Violation | 5 Days Loss of Leave or Loss of Pay | to | Up to 15 Days Loss of Pay | | Two: 2nd Violation in 60 Months | 10 Days Loss of Pay | to | Up to 20 Days Loss of Pay | | | Three: 3rd Violation in 60 Months | GO TO CATEGORY E LEVEL 1 | | | |

(b) Demotion or reduction in rank may also be considered as a part of the disciplinary penalty for Category D Violation.

(6) Category E Violation.

(a)

| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors | | | | --- | --- | --- | --- | --- | | Category E: Conduct that involves misuse of authority, unethical behavior (not involving false reporting or false statements), or an act that could result in an adverse impact on an officer or public safety or to the professionalism of the law enforcement agency or a violation of any misdemeanor. | One: 1st Violation | 15 Days Loss of Pay | to | 25 Days Loss of Pay up to Termination | | Two: 2nd Violation in 60 Months | 15 Days Loss of Pay | to | 30 Days Loss of Pay up to Termination | | | Three: 3rd Violation in 60 Months | GO TO CATEGORY F LEVEL 1 | | | |

(b) Demotion or reduction in rank may also be considered as a part of the disciplinary penalty for Category E Violation.

(7) Category F Violation.

| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors | | | | --- | --- | --- | --- | --- | | Category F: Any violation of law, policy, rule or regulation which: foreseeably results in death or serious bodily injury; or constitutes a willful and wanton disregard of the law enforcement agencys mission, vision, and values; or involves any act or omission which demonstrates a serious lack of the integrity, ethics, or character related to an employees fitness to hold their position; or involves egregious misconduct substantially contrary to the standards of conduct reasonably expected, to include those whose sworn duty is to uphold the law; or involves conduct which constitutes the failure to adhere to any condition of employment required or mandated by law, including any 18 U.S.C. 922(g) (Lautenberg) violations. | One: Any Violation | TERMINATION | | |

(8) Special Circumstance Categories.

(a)

| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors | | | | --- | --- | --- | --- | --- | | Driving Under The Influence Category 1: Any off-duty driving under the influence of alcohol and/or drugs which would constitute a violation of law. | One: 1st Violation | 15 Days Loss of Pay | to | Termination* | | Two: 2nd Violation | 30 Days Loss of Pay | to | Termination* | | | Three: 3rd Violation | Termination* | | | | | Category 2: Any on-duty or off-duty in a departmental vehicle driving under the influence of alcohol and/or drugs which would constitute a violation of law. | One: 1st Violation | Termination* | | |

(b)

| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors | | | | --- | --- | --- | --- | --- | | Failure to Appear for Court and MVA Hearings Category 1: Intentional or purposeful failure to appear for any properly summoned court appearance which is the result of action taken as a law enforcement officer. This category also includes MVA hearings. | One: 2 violations in 1 year | Formal Written Counseling | to | Formal Written Counseling | | Two: 2 additional violations in 2 years | Formal Written Counseling | to | Up to 2 Days Loss of Leave or Loss of Pay | | | Note: The penalty cycle resets one calendar year from the date of the first violation. | | | | |

(c)

| Categories and Descriptions | Level | Disciplinary Range Mitigating Factors → Aggravating Factors | | | | --- | --- | --- | --- | --- | | Departmental Collisions Category 1: Minor Damage^^{to Police Vehicle and/or Other Property or Vehicle}^{| One: 1st Violation up to 12 months | Formal Written Counseling | to | Letter of Reprimand |
| Two: 2nd Violation within 0—24 months | Formal Written Counseling | to | Up to 2 Days Loss of Leave or Loss of Pay | |
| Three}^{: 3 or more Violations within 0—36 months | Letter of Reprimand | to | Up to 5 Days Loss of Leave or Loss of Pay | |
| Category 2: Major Damage to Police Vehicle, Other Property, or Vehicle | One: 1st Violation up to 12 months | Formal Written Counseling | to | Up to 1 Day Loss of Leave or Loss of Pay |
| Two: 2nd Violation within 0—24 months | Letter of Reprimand | to | Up to 3 Days Loss of Leave or Loss of Pay | |
| Three}^: 3 or more Violations within 0—36 months | Letter of Reprimand | to | Up to 10 Days Loss of Leave or Loss of Pay | | | Category 3: Injury to Law Enforcement Personnel or Civilian; If gross negligence or reckless operation of a police vehicle is involved in any collision that results in serious injury or death the disciplinary range shall increase up to and including termination. | One: 1st Violation up to 12 months | Formal Written Counseling | to | Up to 2 Days Loss of Leave or Loss of Pay | | Two: 2nd Violation within 0—24 months | Letter of Reprimand | to | Up to 5 Days Loss of Leave or Loss of Pay | | | Three^**^: 3 or more Violations within 0—36 months | Letter of Reprimand | to | Up to 14 Days Loss of Leave or Loss of Pay | |

(9) Violations that Fall into More than One Violation Category.

(a) Some acts of police misconduct may fall into more than one violation category depending on the category definition.

(b) If an act of police misconduct falls into more than one violation category, an ACC, agency head, or trial board, as applicable, shall review the totality of circumstances related to the act and the violation category definition descriptions prior to choosing the category, level, and range.

(10) Violations not found in the Uniform State Disciplinary Matrix shall be assigned to a violation category based on the circumstances of the police misconduct and the violation category definitions.

Cross References

12.04.10.03B(14)

12.04.11.06A(1)(a)

12.04.11.06A(1)(b)

12.04.11.06B(2)(a)

12.04.11.06B(2)(b)

12.04.11.06B(2)(d)

History

Administrative History: Effective date:
Administrative History: Regulations .01—.05 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 944); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.05 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Authority: Public Safety Article, §§3-105, 3-114 and 3-208, Annotated Code of Maryland

COMAR 12.04.10.05 Process for Determining Discipline and Imposing Administrative Charges.

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.

B. An ACC shall review the investigative file and, if applicable, an agency head’s recommendation regarding the imposition of administrative charges in accordance with COMAR 12.04.09.

C. Following an ACC’s review and deliberation, the ACC shall review the violation category definitions for the most appropriate violation category.

D. When determining the appropriate violation category, level, and disciplinary range, an ACC, agency head, or trial board may use the Uniform State Disciplinary Matrix violation examples posted on the Police Training and Standards Commission’s website as a guide.

E. Factors Influencing the Determination to Recommend Administrative Charges and Impose Discipline.

(1) Mitigating and aggravating factors surrounding a sustained violation may increase or decrease the discipline.

(2) Factors considered within a disciplinary range shall stay with the specific violation category.

F. Multiple Count Adjustments. When multiple violations arise from the same incident:

(1) The violations may be consolidated into one form of discipline by:

(a) Selecting the most serious violation as a starting point within a violation category; and

(b) Weighing the other violations to determine whether and how much to increase the discipline with the selected violation category; or

(2) Each sustained misconduct violation may be considered separately for the purpose of determining discipline.

G. Prior Disciplinary Record.

(1) An ACC, agency head, or trial board shall consider a police officer’s prior sustained disciplinary record when determining discipline for a new violation.

(2) When applicable, three or more sustained violations in the same category within a specified time period shall progress to the next violation category.

H. Deviation from the Uniform State Disciplinary Matrix.

(1) An ACC, agency head, or trial board may deviate from the use of the Uniform State Disciplinary Matrix only when required by court order, consent decree, or other superseding legal authority.

(2) The Uniform State Disciplinary Matrix does not impact a law enforcement agency’s rights to maintain order and manage the affairs of a law enforcement agency in all aspects including, but not limited to:

(a) Establishing standards of service;

(b) Transfer or assignment of a police officer;

(d) Maintaining control and regulation of the use of government equipment and property.

I. Mediation Programs. 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.

J. The Uniform State Disciplinary Matrix and Special Circumstance Violations tables shall be maintained and published by the Maryland Police Training and Standards Commission on its public website.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.05 adopted as an emergency provision effective September 6, 2022 (49:21 Md. R. 944); emergency provision expired effective December 27, 2022
Administrative History: Regulations .01—.05 adopted effective January 9, 2023 (49:27 Md. R. 1111)
Authority: Public Safety Article, §§3-105, 3-114 and 3-208, Annotated Code of Maryland

12.04.11 Police Complaint Mediation Program

COMAR 12.04.11.01 Purpose.

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.

History

Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 182)
Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland

COMAR 12.04.11.02 General Provisions.

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.

History

Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 182)
Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland

COMAR 12.04.11.03 Definitions.

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.

History

Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 182)
Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland

COMAR 12.04.11.04 Establishing a Police Complaint Mediation Program.

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.

History

Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 182)
Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland

COMAR 12.04.11.05 Mediation Participation.

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.

B. Confidentiality.

(1) All parties involved in a potential mediation process shall agree to the confidentiality requirements as set forth in Courts and Judicial Proceedings Article, §3-1803, Annotated Code of Maryland.

(2) Except as provided in Courts and Judicial Proceedings Article, §3-1804, Annotated Code of Maryland, statements shared during a mediation are considered confidential material and may not be disclosed in any judicial, administrative, or other proceeding.

C. Costs associated with participating in a mediation program are the responsibility of the law enforcement agency employing the involved police officer.

History

Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 182)
Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland

COMAR 12.04.11.06 Complaints Eligible for Mediation.

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).

(2) A law enforcement agency shall review the nature of the complaint and determine if mediation is appropriate, based on the following factors:

(a) Type and severity of the alleged violation;

(b) Circumstances of the alleged police misconduct; and

(3) Even if a complaint is eligible for mediation, the agency head or designee has the authority to decide, for any reason, that a case may not be assigned for mediation.

B. Complaints Not Eligible.

(1) A complaint of police misconduct that involves any level of force is not eligible for mediation.

(2) A complaint is not eligible for mediation if it falls into one of the following categories:

(a) Violation category C, as stated in COMAR 12.04.10.04D(4);

(b) Violation category D, as stated in COMAR 12.04.10.04D(5);

(d) Violation category F, as stated in COMAR 12.04.10.04D(7).

C. A complaint of police misconduct not eligible for mediation shall be handled through the process set forth in COMAR 12.04.09.

Cross References

12.04.11.07B(1)

History

Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 182)
Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland

COMAR 12.04.11.07 Complaint Procedures.

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.

C. If the police officer or a complainant decline to participate in mediation, the matter shall be referred back to the administrative complaint process set forth in COMAR 12.04.09.

D. If all parties to the complaint agree to the mediation process, the law enforcement agency shall contact the independent mediation provider in which there is a current memorandum of understanding (MOU) and proceed with the process pursuant to the MOU.

E. When a case has been referred to the mediation service, the independent mediation provider will manage the case through mediation and resolution.

History

Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 182)
Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland

COMAR 12.04.11.08 Resolution.

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.

B. An impasse shall be referred back to the law enforcement agency of the involved police officer for investigation and handled through the administrative complaint process set forth in COMAR 12.04.09.

C. A successful resolution shall be documented by the independent mediation provider in a written statement, signed by both parties and the mediator.

D. The mediator shall send a letter of conclusion to the referring law enforcement agency indicating the results of mediation.

E. Results of the mediation shall be tracked by the law enforcement agency and forwarded to the local police accountability board.

F. Complaint mediation statistics shall be included in the law enforcement agency’s annual reporting of complaints involving the public, and the statistics shall include the:

(1) Total number of complaints handled through mediation;

(2) Number of successful resolutions; and

(3) Number of mediation impasses.

G. If the police officer fails to comply with the actions and deadlines identified in the mediation agreement, a new complaint shall be initiated and the actions of the original complaint of misconduct shall be considered as a potential aggravating factor.

History

Administrative History: Effective date: March 20, 2023 (50:5 Md. R. 182)
Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland

12.05.01 Procedural Regulations

COMAR 12.05.01.01 Filing Claims.

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.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.02 Investigations.

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.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.03 Notice of Hearing.

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.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.04 Conduct of Hearing.

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.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.05 Representation of Claimant.

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.

D. After a filing of a notice of appearance in accordance with this regulation, and as long as the notice remains in effect, copies of all written communications or notices in the matter to the party shall be sent to the attorney rather than the party represented, or to both the party and his attorney. Service upon the attorney shall be deemed service on the party he represents.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.06 Compensation.

A. The schedule in this regulation is published as an adjunct to the criteria set forth in Correctional Services Article, Title 10, Subtitle 3, Annotated Code of Maryland. The schedule is not intended to limit the discretion of the Board and its application of the criteria set out in Correctional Services Article, Title 10, Subtitle 3, but is intended as a guideline in setting evaluation for a particular injury.

B. Compensation provided for in Correctional Services Article, Title 10, Subtitle 3, Annotated Code of Maryland, shall be payable for injuries sustained by prisoners engaged in work under the following circumstances:

(1) The prisoner shall be housed in the Patuxent Institution or an institution under the Division of Correction.

(2) The prisoner shall sustain a “permanent partial disability” as provided by the Workers' Compensation Law, Article 101, Annotated Coded of Maryland.

(3) The injury shall incapacitate or materially reduce the prisoner's earning power in “extra-hazardous” work.

(4) The injury cannot be self-inflicted or result from activities other than work for which wages or a stipulated sum are paid by the institution.

(5) The Board shall arrive at the ordinary earning power of the claimant as set forth in Correctional Services Article, Title 10, Subtitle 3, Annotated Code of Maryland, by a consideration of the claimant's employment before incarceration, the nature of the skills involved in the institutional employment after release from the institution, or actual employment in the case of inmates already released. A consideration of “ordinary earning power” shall be limited to any adjustment the Board determines to be appropriate in a case when obtaining employment after incarceration at a given rate would be possible but for the reduction in earning power or incapacities resulting from the injury.

C. In cases when the claimant received inmate wages at the regular rate paid by the institution at the time of the injury, and the record is inconclusive as to prospective earning potential of claimant upon the claimant's release, the following flat rate schedule of awards shall be employed by the Board:

(1) Thumb—For loss --------------------------------------- $1,147

(2) Finger—For loss of:

(a) First or index finger --------------------------------- $918

(b) Second finger ----------------------------------------- $765

(d) Fourth finger ----------------------------------------- $535

(e) A portion of a finger, claimant shall be compensated at same rate as loss of whole finger.

(3) Hand—For loss by amputation or 100 percent disability ---- $6,885

(4) Arm—For loss ---------------------------------------- $8,415

(5) Foot—For loss ---------------------------------------- $5,355

(6) Toes—For loss of:

(a) Great toe --------------------------------------------- $765

(b) Other toes -------------------------------------------- $535

(7) Leg—For loss ----------------------------------------- $8,415

(8) Eye—For loss ----------------------------------------- $7,650

(9) Hearing:

(a) For total loss of hearing in one ear ------------------ $994

(b) For total loss of hearing --------------------------- $1,530

(10) Mutilation and disfigurement aesthetically causing reduction in earning power (at the discretion of Board), an award not to exceed ------------------------------------- $3,060

(11) Back:

(a) Short of paralysis, an award involving an injury to the back shall be computed on the basis of the percentage of loss of use to the back in relation to -------------- $12,240

(b) For an injury resulting in:

(i) Paraplegia -------------------------------------- $22,950; or

(ii) Quadriplegia ----------------------------------- $38,250

(c) For all other cases of permanent partial disability, short of total incapacity, the rate of compensation shall be the percentage that the loss of industrial use of the body bears to $18,360 at the discretion of the Board.

(12) Injuries to the head shall be compensated at a rate within the discretion of the Board depending upon the severity.

(13) Permanent loss of use of an appendage or eye shall be the equivalent of the loss of the appendage. It shall be in the Board's discretion to determine that an amputation or loss of an appendage or fractional part of it, or an eye, constitutes a total loss of the eye or appendage or fractional part of it if it is disputed.

D. Attorney's Fees.

(1) The attorney's fees shall be approved by the Board, which may require a written statement of services rendered or an affidavit of services rendered.

(2) When an award is made to a claimant represented by an attorney and a fee is requested, the Board shall approve a fee commensurate with the services rendered, and the fee shall be paid out of the award.

(3) Attorney's fees shall be awarded at the discretion of the Board, but a fee may not be greater than 20 percent of the total award.

(4) The Board and the Board alone shall set and determine the attorney's fees. In establishing the fee, the Board is not bound by any prior agreement between an attorney and client.

E. Medical Examination of the Claimant.

(1) When it is determined that a claimant is eligible, the Board may direct medical examination of the claimant by a physician designated for this purpose.

(2) The claimant shall present himself to the physician named at the time and place designated.

(3) A representative of the claimant or any other interested party may not be present at the examination.

(4) A written report of the examination in §E(3) shall be filed by the examining physician with the Board, and a copy mailed to the claimant or the claimant's attorney.

(5) The physician's fee shall be paid by the Board.

(6) Fees of private physicians shall be paid by the claimant.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.07 Forms.

The Board shall prepare and furnish free of cost blank forms and have them readily available on application or request of any interested party.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.08 Subpoenas.

A. The Board shall issue subpoenas and subpoenas duces tecum, either on its own instance, or upon written application of any party made not less than 10 days before the hearing. Subpoenas and subpoenas duces tecum shall comply wit the Maryland Rules of Practice and Procedure. A written request also shall designate the names and addresses of witnesses and the location of documents, books, payrolls, personnel records, correspondence, papers, or any other evidence relating to the claim being heard. The Board in its discretion may waive the 10 day provision.

B. When a subpoena or a subpoena duces tecum is issued at the instance of the claimant or other necessary party, the cost of service and witnesses and mileage fees shall be borne by the party at whose request it is issued. When a subpoena or a subpoena duces tecum is issued at the instance of the Board, service and witnesses and mileage fees shall be borne by the Board.

C. The Board, on its own motion or on the application of the claimant, shall, whenever necessary, and upon the terms and conditions that it or he may determine, take or cause to be taken affidavits and depositions of witnesses residing within or without the State. The requesting party shall bear the expense.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.09 Death of a Claimant.

A. Upon the death of a claimant, if the Board finds before his death that the claimant is entitled to benefits under this Act, the Board shall provide for payment of the award to the claimant's widow or dependents.

B. If there are two or more persons entitled to benefits as a result of the death of a claimant, the Board, having before the death passed an award in favor of the claimant, shall apportion the award among the claimants in the proportion as it finds that the deceased inmate contributed to their support.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.10 Appeals.

Appeals from this Board shall be governed by the Maryland Administrative Procedure Act.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.11 Availability of Regulations.

The regulations of the Board shall be available to the public at the offices of the Attorney General, at such reasonable costs as the Board shall determine.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.12 Opinion of the Board.

Two members of the Board shall constitute a quorum. When opinion is divided a majority shall prevail. When opinion is divided and only two members are present, the opinion of the member designated as chairman of the hearing shall prevail.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.13 Meetings of the Board.

Meetings shall be held upon notice by the Chairman at the time and place that he shall direct.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

COMAR 12.05.01.14 Injury While Engaged in Extra-hazardous Employment.

When an inmate sustains an injury while engaged in extra-hazardous employment at any of the institutions under the jurisdiction of the Commissioner of Correction and Patuxent Institution, before release from these institutions, and files a claim with the Sundry Claims Board, the following procedures shall be adhered to:

A. The Board may summons the base file and medical records of the inmate and, upon review, determine whether or not the injury is embraced within the provisions of Correctional Services Article, Title 10, Subtitle 3, Annotated Code of Maryland.

B. If the Board is satisfied that the claim falls within the purview of the act, it may refer the inmate to an appropriate medical specialist to determine the issue of permanent disability, if any, sustained by the inmate as a result of the alleged injury.

C. Upon receipt of the specialist's report, the Board shall forward a copy of this report to the inmate, or his counsel, and provide for the inmate to file reports in controversy, if he so desires, within 30 days of receipt of

D. Upon receipt of all reports, the Board shall make a determination of permanent disability. If a determination cannot be made, in the opinion of the Board, because of the nature of the injury, the Board may defer the determination under such conditions as it deems necessary.

E. If the Board makes a determination of permanent disability, the inmate and his counsel shall be notified of this determination in accordance with the present regulations of the Board.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01 amended effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .06 repealed and new Regulation .06 adopted effective August 10, 1987 (14:16 Md. R. 1775)
Administrative History: Regulation .14 adopted effective February 10, 1978 (5:3 Md. R. 139)
Authority: Correctional Services Article, §10-310, Annotated Code of Maryland

12.06.01 Administration of Sex Offender Registration

COMAR 12.06.01.01 Purpose.

The purpose of this chapter is to establish the framework for the sex offender registration process and to specify the duties and responsibilities of a registrant and State and local agencies as established under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland.

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Absconder” means the status of a registrant when the Sex Offender Registry Unit determines that:

(a) The registrant has not registered in accordance with Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland; or

(b) The registrant's address is not current.

(2) “Address verification and change of address form” means a document:

(a) Used for the periodic registration of a sexually violent predator, sexually violent offender, and offender under Criminal Procedure Article, §11-711, Annotated Code of Maryland; and

(b) That may be used to communicate a change of address by a sexually violent predator, child sexual offender, sexually violent offender, and offender to the Sex Offender Registration Unit and local law enforcement.

(3) “Central registry” means information maintained by the Department's Sex Offender Registry Unit concerning registrants who are required to register under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland.

(4) “Child sexual offender” has the meaning stated in Criminal Procedure Article, §11-701(b), Annotated Code of Maryland.

(5) “Convicted” has the meaning stated in Criminal Procedure Article, §11-702, Annotated Code of Maryland.

(6) “County” means a Maryland county or Baltimore City.

(7) “County superintendent” has the meaning stated in Education Article, §1-101, Annotated Code of Maryland.

(8) “Department” means the Department of Public Safety and Correctional Services.

(9) “Incarceration” means confinement to a State or local correctional facility because of a conviction, sentencing, and commitment.

(10) “Local law enforcement unit” has the meaning stated in Criminal Procedure Article, §11-701(c), Annotated Code of Maryland.

(11) "90 days" means 3 months.

(12) “Nonresident registrant” means an individual who:

(a) Is required to register in another state;

(b) Is not a resident of the State; and

(c) Enters the State for the purpose of full-time or part-time employment or to attend any public or private educational institution as described in Criminal Procedure Article, §11-704(7), Annotated Code of Maryland.

(13) “Notice of responsibility” means the form used to notify a registrant of the requirements of registration under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland.

(14) “Notice of registration for child sexual offenders” means a:

(a) Form completed by a local law enforcement unit with information provided by a child sexual offender under Criminal Procedure Article, §11-707(a)(1), Annotated Code of Maryland; and

(b) Written notification that a child sexual offender has registered with a local law enforcement unit under Criminal Procedure Article, §11-705(c), Annotated Code of Maryland.

(15) “Offender” has the meaning stated in Criminal Procedure Article, §11-701(d), Annotated Code of Maryland.

(16) “Offense” means a crime for which a conviction would require the individual to register under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland.

(17) “Periodic registration” means the subsequent registration required under Criminal Procedure Article, §11-707(a)(1)—(3), Annotated Code of Maryland, during a term of registration.

(18) “Registrant” means an individual who is required to register under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland, in one or more of the following categories:

(a) Child sexual offender;

(b) Offender;

(d) Sexually violent predator.

(19) Registrant's Address.

(a) “Registrant's address” means the physical location in the community, including a homeless shelter, where a registrant regularly sleeps.

(b) “Registrant's address” includes the street and street number, apartment number if applicable, city, state, and zip code.

(20) “Registration” means the procedure that:

(a) All registrants complete with a supervising authority under Regulation .06 of this chapter; and

(b) Child sexual offenders complete with a local law enforcement unit under Regulation .07 of this chapter.

(21) “Registration statement” means a form that is:

(a) Obtained by a supervising authority from a registrant; and

(b) Includes, at a minimum, the information required under Criminal Procedure Article, §11-706, Annotated Code of Maryland.

(22) Release.

(a) “Release” means any type of discharge from the custody of a supervising authority.

(b) “Release” includes parole, probation, mandatory supervision release, work release, and any type of temporary leave except for leave that is granted on an emergency basis.

(i) Escape; or

(ii) A transfer among the Division of Correction, the Division of Pretrial Detention and Services, the Patuxent Institution, and local correctional facilities that does not result in the registrant's release into the community.

(23) “Resident” has the meaning stated in Criminal Procedure Article, §11-705(a), Annotated Code of Maryland.

(24) “Secretary” means the Secretary of Public Safety and Correctional Services or the Secretary's designee.

(25) “Sex Offender Registry Unit” means the unit in the Department that maintains the central registry and administers certain registration processes.

(26) “Sexually violent offender” has the meaning stated in Criminal Procedure Article, §11-701(f), Annotated Code of Maryland.

(27) “Sexually violent offense” has the meaning stated in Criminal Procedure Article, §11-701(g), Annotated Code of Maryland.

(28) “Sexually violent predator” has the meaning stated in Criminal Procedure Article, §11-701(h), Annotated Code of Maryland.

(29) “Supervising authority” has the meaning stated in Criminal Procedure Article, §11-701(i), Annotated Code of Maryland.

(30) “Term of confinement” has the meaning stated in COMAR 12.02.06.01B.

(31) “Term of registration” means the period of time a registrant is required to register under the Criminal Procedure Article, §11-707(a)(4), Annotated Code of Maryland.

(32) “Under investigation” means the status of a registrant when the Sex Offender Registry Unit has received information alleging that:

(a) A registrant has failed to register in accordance with Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland; or

(b) A registrant's address is not current.

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.03 Requirement to Register.

A. Resident Registrant. A resident registrant shall register with a supervising authority on or before the date that the registrant:

(1) Is released;

(2) Is granted probation before judgment;

(3) Is granted probation after judgment;

(4) Is granted a suspended sentence; or

(5) Receives a sentence that does not include a term of confinement.

B. Other Registrants.

(1) A nonresident registrant shall register with a supervising authority within 14 days following:

(a) Beginning employment in the State; or

(b) Enrolling as a student in the State.

(2) A registrant moving into the State shall register with a supervising authority within 7 days following the earlier of the date the individual:

(a) Establishes a temporary or permanent address; or

(b) Applies for a driver's license.

C. Additional Registration for Child Sexual Offenders.

(1) A resident child sexual offender shall register with the local law enforcement unit in the county where the child sexual offender's address is located within 7 days after release.

(2) A nonresident child sexual offender shall register with the local law enforcement unit where the child sexual offender works or attends school within 7 days after registering with a supervising authority.

(3) A child sexual offender moving into the State shall register with the local law enforcement unit in the county where the child sexual offender's address is located within 7 days after registering with a supervising authority.

D. Expiration of Sentence or Supervision. If a sentence, including supervision, for a conviction that requires registration expires, the registrant shall continue to register until the term of registration is completed under Criminal Procedure Article, §11-707(a)(4), Annotated Code of Maryland.

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.04 Term of Registration.

A. The Sex Offender Registry Unit shall calculate a term of registration:

(1) For a resident registrant, from:

(a) The last date of release from a term of confinement related to a crime for which registration is required;

(b) The date granted probation or a suspended sentence; or

(c) The date of registration if a registrant is subject to registration under Criminal Procedure Article, §11-702.1, Annotated Code of Maryland; or

(2) For a nonresident registrant or a registrant moving into this State, from the date established by the state that required registration.

B. Except as provided in §D of this regulation, a registrant shall register for a term of 10 years.

C. If a registrant is reincarcerated during a 10-year term of registration for a crime that does not require lifetime registration under §D of this regulation and, at the time of release, the term of confinement related to the original crime for which registration is required has:

(1) Not expired, a registrant shall:

(a) Submit a new registration statement to the supervising authority; and

(b) Begin a new 10-year term of registration as calculated under §A of this regulation; or

(2) Expired, a registrant shall:

(a) Resume the periodic registration requirement under Regulation .10 of this chapter for any remaining balance of the original 10-year term of registration; and

(b) Submit written notification of change of residence address to the Sex Offender Registry Unit under Regulation .13 of this chapter.

D. Lifetime Registration.

(1) Lifetime registration is required if the registrant meets the criteria under Criminal Procedure Article, §11-707(a)(4)(ii), Annotated Code of Maryland.

(2) When lifetime registration is based on a prior conviction that is subsequently reversed, vacated, expunged, or set aside by the court, or for which the registrant is subsequently pardoned by the Governor, the term of registration shall revert to 10 years from the date established under §A or C of this regulation.

E. A nonresident registrant shall register for the term specified in §B or D of this regulation and shall comply with the periodic registration requirements until termination of registration is authorized under Regulation .14 of this chapter.

Cross References

12.06.01.06G

12.06.01.10A(2)

12.06.01.10E(3)

12.06.01.10F(2)

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.05 Registration Statement.

A. A registrant shall complete, sign, and date a registration statement form with a supervising authority.

B. A registration statement includes the following information supplied by the registrant:

(1) Registrant's full name;

(2) Address as follows:

(a) Registrant's address, including county; or

(b) If on work release or temporary leave, the address of the State or local correctional facility granting work release or temporary leave;

(3) Registrant's fingerprints obtained at the time of registration by, or at the direction of, the supervising authority;

(4) For nonresident registrants:

(a) The name of the registrant's employer or school; and

(b) The address, including county, of the registrant's work site or site of school attendance;

(5) Registrant's signature; and

(6) Date signed.

C. A registration statement includes the following information supplied by the supervising authority:

(1) Registrant's photograph obtained at the time of registration;

(2) Registrant's Social Security number, as required under Criminal Procedure Article, §11-706(a)(7), Annotated Code of Maryland;

(3) Any aliases used by a registrant, including dates of birth and Social Security numbers;

(4) For each crime for which the registrant is required to register:

(a) Name of the crime, including statutory citation if applicable and available;

(b) Date of conviction;

(d) Date the crime was committed; and

(e) Victim's age at the time the crime was committed;

(5) Registrant category, or multiple categories if applicable;

(6) Date of release;

(7) Term of registration;

(8) For a sexually violent predator:

(a) Identifying factors, including scars, marks, tattoos, and other significant physical characteristics;

(b) The prior sexually violent offense or offenses that are the basis for the proceeding under Criminal Procedure Article, §11-703, Annotated Code of Maryland; and

(9) Information required in order to reimburse supervising authorities for the cost of processing registration statements under Criminal Procedure Article, §11-713(3), Annotated Code of Maryland; and

(10) Any attachments necessary to facilitate the accurate and timely registration of the registrant.

Cross References

12.06.01.06C(1)(a)

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.06 Registration Responsibilities—Supervising Authority.

A. The Secretary may delegate the Secretary's duties as a supervising authority to an agency of the Department or a local law enforcement unit under Regulation .07 of this chapter.

B. A supervising authority shall establish procedures for:

(1) Obtaining information required for the registration statement before to its submission to the Sex Offender Registry Unit and to other agencies as required; and

(2) Responding to inquiries from the Sex Offender Registry Unit concerning the information in a registration statement.

C. Before releasing a registrant, a representative of the supervising authority shall perform the following duties:

(1) Complete the registration statement, including:

(a) The information required under Regulation .05 of this chapter; and

(b) Signing the registration statement; and

(2) Notify the registrant of the responsibilities under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland, by:

(a) Explaining to the registrant:

(i) The required periodic registration established under Regulation .10 of this chapter during the registrant's term of registration;

(ii) The required additional in-person registration by a child sexual offender, within 7 days, with the local law enforcement unit of the county where the child sexual offender resides, or where a nonresident child sexual offender works or attends school; and

(iii) The required notifications and responsibilities pertaining to changes of a registrant's address and other changes in status established under Regulation .13 of this chapter; and

(b) Providing a written notice of these responsibilities that includes the registrant's signature and date acknowledging that the supervising authority explained the requirements of registration and gave written notice to the registrant.

D. Multiple Registrant Categories. A registrant required to register in more than one registrant category shall comply with a single periodic registration requirement, as follows:

(1) As a child sexual offender, absent a determination as a sexually violent predator and notwithstanding another conviction as a sexually violent offender or offender;

(2) As a sexually violent predator, if a court order or commitment determines the individual to be a sexually violent predator under Criminal Procedure Article, §11-703, Annotated Code of Maryland;

(3) As a sexually violent offender, absent a determination as a sexually violent predator or a conviction as a child sexual offender, and notwithstanding another conviction as an offender; or

(4) As an offender, absent a determination as a sexually violent predator or a conviction as a child sexual offender or as a sexually violent offender.

E. Distribution of Registration Statement.

(1) Within 5 business days after obtaining the registration statement, the supervising authority shall send the completed registration statement, including fingerprints, photograph, and a copy of the signed notice of responsibilities, to:

(a) The Sex Offender Registry Unit; and

(b) The local law enforcement unit in the county where the registrant resides, or where a nonresident registrant works or attends school.

(2) If a victim notification request form under Criminal Procedure Article, §11-104, Annotated Code of Maryland, is on file, the supervising authority shall, within 5 business days after obtaining the registration statement:

(a) Send a copy of the completed registration statement under Regulation .15 of this chapter to the last mailing address of the registrant provided to the Department; and

(b) Send a copy of the victim notification request form to the Sex Offender Registry Unit.

F. A supervising authority shall maintain a copy of the registration statement, fingerprints, photograph, and notice of responsibilities.

G. On or before release of a registrant who will resume periodic registration requirements under Regulation .04 of this chapter, a supervising authority shall send notice of the registrant's release to:

(1) The Sex Offender Registry Unit; and

(2) If the registrant is a child sexual offender or sexually violent predator, the local law enforcement unit in the county where the child sexual offender or sexually violent predator resides.

Cross References

12.06.01.02B(20)(a)

12.06.01.07G(1)

12.06.01.10B

12.06.01.15C(1)(a)

12.06.01.16A(2)

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.07 Registration Responsibilities—Local Law Enforcement Unit.

A. The following are the local law enforcement units designated by resolution of each county governing body:

(1) In Allegany County, the Cumberland Police Department;

(2) In Anne Arundel County, the Anne Arundel County Police Department;

(3) In Baltimore City, the Baltimore Police Department;

(4) In Baltimore County, the Baltimore County Police Department;

(5) In Calvert County, the Calvert County Sheriff's Office;

(6) In Caroline County, the Caroline County Sheriff's Office;

(7) In Carroll County, the Westminster Barrack of the Maryland State Police;

(8) In Cecil County, the Cecil County Sheriff's Office;

(9) In Charles County, the Charles County Sheriff's Office;

(10) In Dorchester County, the Dorchester County Sheriff's Office;

(11) In Frederick County, the Frederick County Sheriff's Office;

(12) In Garrett County, the Garrett County Sheriff's Office;

(13) In Harford County, the Harford County Sheriff's Office;

(14) In Howard County, the Howard County Police Department;

(15) In Kent County, the Kent County Sheriff's Office;

(16) In Montgomery County, the Montgomery County Police Department;

(17) In Prince George's County, the Prince George's County Police Department;

(18) In Queen Anne's County, the Queen Anne's County Sheriff's Office;

(19) In Somerset County, the Somerset County Sheriff's Office;

(20) In St. Mary's County, the St. Mary's County Sheriff's Office;

(21) In Talbot County, the Talbot County Sheriff's Office;

(22) In Washington County, the Washington County Sheriff's Office;

(23) In Wicomico County, the Wicomico County Sheriff's Office; and

(24) In Worcester County, the Worcester County Sheriff's Office.

B. Receipt of Registration Statements from Supervising Authorities.

(1) A local law enforcement unit shall receive copies of registration statements from supervising authorities for all registrants.

(2) If a registrant's address is in an incorporated municipality having a police department, a local law enforcement unit shall forward a copy of a registration statement received from a supervising authority to the police department of the incorporated municipality that includes the registrant's address.

C. To register a child sexual offender, a local law enforcement unit shall:

(1) Obtain a notice of registration for child sexual offenders in person from a child sexual offender after the child sexual offender's release from a supervising authority; and

(2) Notify the child sexual offender of the responsibility to register in person annually with the local law enforcement unit of the county that includes the registrant's address or where a nonresident works or attends school.

D. A notice of registration for child sexual offenders:

(1) Contains, at a minimum:

(a) The registrant's name, address, signature, and date;

(b) If the child sexual offender is a nonresident, the name and address where the child sexual offender is employed or attends school; and

(2) May contain:

(a) The child sexual offender's fingerprints and photographs; or

(b) Additional information as dictated by the local law enforcement unit.

E. Within 5 business days after completing registration of a child sexual offender, the local law enforcement unit shall forward:

(1) The completed notice of registration for child sexual offenders to the Sex Offender Registry Unit; and

(2) A copy of a notice of registration for child sexual offenders to the county superintendent in the county where a child sexual offender resides, or where a nonresident child sexual offender works or attends school.

F. A local law enforcement unit shall maintain a copy of the notice of registration for child sexual offenders.

G. Registration of Other Registrants.

(1) A local law enforcement unit may obtain a registration statement under Regulation .06 of this chapter from a nonresident registrant or a registrant who moves into this State if the registrant is not under the supervision of the Division of Parole and Probation.

(2) A local law enforcement unit that submits registration statements under this section shall be reimbursed by the Department under Regulation .17 of this chapter.

Cross References

12.06.01.02B(20)(b)

12.06.01.06A

12.06.01.11B

12.06.01.17A(1)

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.08 Registration Responsibilities—Sex Offender Registry Unit.

A. The Sex Offender Registry Unit shall:

(1) Maintain a central registry:

(a) Initiated by receipt of registration statements; and

(b) Updated by receipt of periodic registration documentation and notice of changes of registrant's address or other status;

(2) Determine if a registrant should be placed in an under investigation or absconder status;

(3) Calculate terms of registration; and

(4) Authorize termination of registration.

B. The Sex Offender Registry Unit shall transmit a registrant's conviction and fingerprint data to the Federal Bureau of Investigation as soon as possible, but not later than 5 business days after receiving a registration statement.

C. The Sex Offender Registry Unit shall supply the forms required by supervising authorities and local law enforcement units to perform their respective duties under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland.

D. In order to carry out the provisions of Criminal Procedure Article, §11-701—11-721, Annotated Code of Maryland, the Sex Offender Registry Unit shall establish procedures and timeframes for the timely:

(1) Exchange of information, including notification of registrant status, among:

(a) Local law enforcement units;

(b) Supervising authorities;

(d) Federal agencies; and

(2) Receipt and exchange of information concerning registrants, and the coordination of investigations among the Unit, local law enforcement units, and the Division of Parole and Probation.

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.09 Other Responsibilities—County Superintendent.

A. A local law enforcement unit shall send a copy of the completed notice of registration for child sexual offenders to the county superintendent concerning:

(1) A resident child sexual offender who lives in that county; or

(2) A nonresident child sexual offender employed or attending school in that county.

B. As soon as possible but not later than 5 business days after receiving notice, a county superintendent shall send written notice of child sexual offender registration to principals of the schools under the superintendent's supervision that the superintendent considers necessary to protect the students of a school from a child sexual offender.

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.10 Periodic Registration Requirements.

A. Temporary Suspension of Periodic Registration Requirements.

(1) A periodic registration requirement may be suspended only if a registrant is incarcerated at a time when the registrant is required to meet periodic registration requirements.

(2) If a balance of a 10-year term of registration remains at the time the registrant is released, the registrant's periodic registration requirements resume as provided under Regulation .04 of this chapter.

B. A registrant who is required to register in more than one registrant category shall comply with a single periodic registration requirement as provided under Regulation .06 of this chapter.

C. A registrant shall meet deadlines as directed by a local law enforcement unit or the Sex Offender Registry Unit in order to comply with periodic registration as established under this regulation.

D. A sexually violent predator shall periodically register by completing, signing, and mailing to a local law enforcement unit, within 10 days of receipt, an address verification and change of address form:

(1) Every 90 days; and

(2) For life.

E. A child sexual offender shall periodically register with a local law enforcement unit in the county in which the child sexual offender resides, or where a nonresident child sexual offender is employed or attends school:

(1) Annually;

(2) In person; and

(3) For the term provided under Regulation .04 of this chapter.

F. A sexually violent offender and an offender shall periodically register by completing, signing, and mailing to the Sex Offender Registry Unit, within 10 days of receipt, an address verification and change of address form:

(1) Annually; and

(2) For the term provided under Regulation .04 of this chapter.

Cross References

12.06.01.04C(2)(a)

12.06.01.06C(2)(a)(i)

12.06.01.11A(2)(a)

12.06.01.11A(2)(b)

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.11 Periodic Registration—Local Law Enforcement Unit.

A. General.

(1) A local law enforcement unit shall:

(a) Establish a schedule for periodic registration for each child sexual offender and sexually violent predator; and

(b) Maintain a copy of documents pertaining to periodic registration.

(2) A local law enforcement unit shall notify the Sex Offender Registry Unit when:

(a) A child sexual offender does not appear for annual registration as required under Regulation .10 of this chapter; or

(b) A sexually violent predator does not return the address verification and change of address form as required under Regulation .10 of this chapter.

(3) If a local law enforcement unit receives notice that a child sexual offender or sexually violent predator has changed address by moving:

(a) Out of the local law enforcement unit's county, it shall delete the registrant from the periodic registration process; or

(b) Into the local law enforcement unit's county, it shall add the registrant to the periodic registration process.

B. Periodic registration of a child sexual offender follows the same procedure established under Regulation .07 of this chapter.

C. Periodic Registration of a Sexually Violent Predator.

(1) A local law enforcement unit shall send an address verification and change of address form to the last reported address of a sexually violent predator:

(a) By certified mail, return receipt requested; and

(b) Not later than 15 days before the periodic registration deadline for the registrant.

(2) Within 5 business days of receiving a signed address verification and change of address form from a sexually violent predator, a local law enforcement unit shall send the address verification and change of address form to the Sex Offender Registry Unit and maintain a copy for local records.

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.12 Periodic Registration—Sex Offender Registry Unit.

A. The Sex Offender Registry Unit shall establish a schedule for periodic registration for each sexually violent offender and offender.

B. The Sex Offender Registry Unit shall send an address verification and change of address form to the last reported address of each sexually violent offender and offender:

(1) By certified mail, return receipt requested; and

(2) Not later than 15 days before the periodic registration deadline for the registrant.

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.13 Change of Registrant's Address and Other Status.

A. A registrant shall submit to the Sex Offender Registry Unit written notification within 7 days following a change of:

(1) Registrant's address; or

(2) A nonresident registrant's employment or school enrollment address.

B. In addition to the requirements of §A of this regulation, when a registrant changes the registrant's address to another state that has a registration requirement, the registrant shall:

(1) Register with the designated law enforcement unit of the new state of residence and with the appropriate office of the Federal Bureau of Investigation within 7 days after the change; and

(2) Comply with any registration requirement in the new state of residence.

C. When a resident registrant begins or changes employment or school enrollment in another state that has a registration requirement, the registrant shall:

(1) Register with the designated local law enforcement unit of that state within 7 days after the change;

(2) Comply with any registration requirement in the new state where employed or attending school; and

(3) Maintain the periodic registration requirements in Maryland.

Cross References

12.06.01.04C(2)(b)

12.06.01.06C(2)(a)(iii)

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.14 Termination of Requirement to Register.

A. When a registrant's 10-year term of registration terminates, the Sex Offender Registry Unit shall:

(1) Remove the registrant from the central registry; and

(2) Notify:

(a) The registrant;

(b) If applicable, the local law enforcement unit overseeing periodic registration;

(d) Other appropriate agencies.

B. Early termination of a term of registration may be authorized by the Sex Offender Registry Unit upon submission, by the registrant, of one of the following:

(1) A true test copy of the court order reversing, vacating, or setting aside the conviction underlying the registration;

(2) A copy of a governor's pardon for the conviction underlying the registration;

(3) A true test copy of a court order for expungement of the conviction underlying the registration; or

(4) Documentation submitted by a nonresident registrant from an employer or place of school enrollment that the employment or school enrollment that required registration in this State has terminated.

C. If the Sex Offender Registry Unit receives a death certificate or published death notice concerning a registrant, it shall remove the registrant from the central registry and make notification under §A(2)(b)—(d) of this regulation.

Cross References

12.06.01.04E

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.15 Dissemination of Registrant and Related Information.

A. Confidentiality.

(1) The identity of a victim of a crime that requires registration under Criminal Procedure Article, §§11-701—11-721, Annotated Code of Maryland, may not be released.

(2) Information about an individual who receives a copy of a registration statement under Criminal Procedure Article, §11-715, Annotated Code of Maryland, may not be released.

(3) A supervising authority, local law enforcement unit, and the Sex Offender Registry Unit shall maintain records of requests received under this regulation.

B. Protecting the Public from a Specific Registrant. If the Department or a local law enforcement unit finds that, to protect the public from a specific registrant, it is necessary to give notice of a registration statement to a particular person, then the Department or a local law enforcement unit shall give notice of the registration to that person.

C. Request for a Registration Statement.

(1) A victim or witness who has filed a notification request form under Criminal Procedure Article, §11-104, Annotated Code of Maryland, shall receive:

(a) A copy of a registration statement as established under Regulation .06E(2) of this chapter; and

(b) Notice of subsequent changes of registrant's address or other status from the Sex Offender Registry Unit, unless the victim or witness notifies the Sex Offender Registry Unit to stop notification.

(2) A request for a copy of one or more registration statements for a specific registrant:

(a) May be directed to the Sex Offender Registry Unit, a supervising authority, or a local law enforcement unit; and

(b) Subject to §C(3) of this regulation, be processed in 5 business days.

(3) A request shall:

(a) Be in writing;

(b) Specify the registrant's name;

(d) State the reason or reasons for the request.

(4) A copy of a registration statement provided to a requestor includes a copy of the registrant's photograph, but may not include:

(a) The registrant's fingerprints;

(b) Information identifying a victim, including the victim's age;

(d) For a sexually violent predator, documentation of treatment received for a mental abnormality or personality disorder.

D. Central Registry.

(1) The Department may make available to the public information about registration statements by posting on the Internet a current listing of each registrant's name, crime, and other identifying information.

(2) A request for a photocopy of the central registry:

(a) May be directed to the Sex Offender Registry Unit; and

(b) Subject to §D(3) of this regulation, is processed in 5 business days.

(3) A request shall:

(a) Be in writing;

(b) Include the requestor's name and mailing address;

(d) Include the fee established under COMAR 12.11.02.13.

Cross References

12.06.01.06E(2)(a)

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.16 Escape.

A. If a registrant escapes from a correctional facility, the supervising authority of the facility shall immediately notify:

(1) The local law enforcement unit in the county in which the registrant resided before the registrant was committed to the custody of the supervising authority; and

(2) Individuals entitled to receive notice under Regulation .06 of this chapter.

B. If a registrant resided, before an escape, in an incorporated municipality having a police department, a local law enforcement unit shall forward notification from a supervising authority concerning a registrant's escape from a correctional facility, or return from escape, to the municipal police department.

C. As soon as possible but not later than 2 business days after learning of the registrant's recapture, the supervising authority of the facility shall notify the parties identified in §A of this regulation about the recapture.

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.17 Duties of the Department.

A. Reimbursement for Local Law Enforcement Unit.

(1) The Department shall reimburse each local law enforcement unit designated under Regulation .07 of this chapter reasonable costs for:

(a) Processing a registration statement;

(b) Taking fingerprints and photographs; and

(2) The Department shall determine the amount of reimbursement to each local law enforcement unit.

(3) The Department shall reimburse each local law enforcement unit annually at a rate of $200 for each registrant processed by the local law enforcement unit.

(4) The Department shall reimburse each local law enforcement unit by October 31 for reimbursement requests received for the preceding fiscal year.

B. Reimbursement Procedures.

(1) The Central Repository shall provide each local law enforcement unit a list of registrants processed by the local law enforcement unit within 5 working days of the first day of each fiscal year for registrants processed in the preceding fiscal year.

(2) Each local law enforcement unit receiving a list under §B(1) of this regulation shall:

(a) Compare the list with local records for processing registrants;

(b) Identify and resolve discrepancies with the Central Repository; and

(c) Submit a written request for reimbursement under this regulation to the Central Repository for the registrants processed during the preceding fiscal year.

(3) A local law enforcement unit shall submit a reimbursement request under this regulation to the Central Repository by August 15 for all registrants processed during the preceding fiscal year.

(4) When the Central Repository receives a request for reimbursement under this regulation, the Central Repository shall:

(a) Before making reimbursement, review and verify that the local law enforcement unit processed the registrants for which the local law enforcement unit claims reimbursement;

(b) If applicable, resolve discrepancies; and

C. The Department shall periodically review and update this chapter with advice from the Criminal Justice Information Advisory Board.

Cross References

12.06.01.07G(2)

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

COMAR 12.06.01.18 Enforcement.

A. A registrant who violates the provisions of this chapter is subject to the penalties provided under Criminal Procedure Article, §11-721, Annotated Code of Maryland.

B. A registrant who changes residence to another state and fails to notify the new state of residence and the FBI may be subject to the penalties established under 42 U.S.C. §14072(g)(3) and(i).

History

Administrative History: Effective date: September 2, 2002 (29:17 Md. R. 1381)
Administrative History: Regulation .17 amended effective December 6, 2007 (34:24 Md. R. 2158)
Authority: Correctional Services Article, §2-109; Criminal Procedures Article, §§11-701—11-721, Annotated Code of Maryland

12.07.01 General Regulations

COMAR 12.07.01.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administrative remedy procedure” means the procedure established by the Commissioner for inmate complaint resolution.

(2) “Commissioner” means the Commissioner of Correction.

(3) “Disciplinary proceeding” means Division of Correction and Patuxent Institution disciplinary proceedings.

(4) “Division” means the Division of Correction.

(5) “Executive Director” means the Executive Director of the Inmate Grievance Office, or a designee, appointed under Correctional Services Article, §10-203, Annotated Code of Maryland.

(6) Fair Value.

(a) “Fair value” means the worth of inmate property at the time of the loss, damage, or theft of the property.

(b) “Fair value” is the lesser of the:

(i) Actual cost of the property at the time of acquisition, less any amounts attributable to depreciation, wear, use, and other factors which decrease the value of the property; or

(ii) Reasonable cost of the property at the time of acquisition, less any amounts attributable to depreciation, wear, use, and other factors which decrease the value of the property.

(7) “Filed” means that a grievance has been physically received by the Office according to requirements under this chapter.

(8) “Grievance” means the complaint of any individual in the custody of the Commissioner or confined to the Patuxent Institution against any officials or employees of the Division or the Patuxent Institution arising from the circumstances of custody or confinement.

(9) “Grievant” means an inmate in the custody of the Commissioner or confined to the Patuxent Institution who files a grievance with the Office.

(10) “Maryland Tort Claims Act” means State Government Article, §§12-101—12-110, Annotated Code of Maryland.

(11) “Office” means the Inmate Grievance Office.

(12) “Prejudice” means a finding that one or more procedural errors undermine confidence in the outcome of a proceeding; that is, but for the error or errors there is a reasonable probability that the result would be different.

(13) “Property grievance” means a grievance filed by an inmate that the inmate's personal property has been improperly withheld, lost, damaged, stolen, or destroyed through the negligence or other wrongful act or omission of an employee or official of the Division of Correction or Patuxent Institution.

(14) “Secretary” means the Secretary of Public Safety and Correctional Services.

(15) “Substantial evidence” means such relevant evidence as a reasonable mind could reasonably accept as adequate to support a conclusion without reassessing credibility or substituting judgment.

(16) “Treasurer” means the State Treasurer's Office.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

COMAR 12.07.01.02 General Procedures.

A. If a State or federal court receives a grievance from a grievant, the State or federal court may refer the grievance to the Office.

B. The Executive Director shall conduct a preliminary review of each grievance properly filed with the Office.

C. If a grievance arises from a disciplinary proceeding, the grievant shall properly exhaust all Division or Patuxent Institution appeal procedures before filing the grievance with the Office.

D. If the administrative remedy procedure applies to a particular situation or occurrence, the grievant shall properly exhaust the administrative remedy procedure before filing a grievance with the Office.

E. The Executive Director, when conducting a preliminary review of a grievance, and the administrative law judge conducting a hearing concerning a grievance shall liberally consider the circumstances of the grievance when determining if the grievance is properly before the Office.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

COMAR 12.07.01.03 Duties of the Executive Director.

A. The Executive Director is appointed as provided in Correctional Services Article, §10-203, Annotated Code of Maryland.

B. The Executive Director shall:

(1) Act as chief administrative officer for the Office ensuring that all records and files are properly maintained;

(2) Docket and acknowledge receipt of a grievance;

(3) Conduct a preliminary review of each grievance as required under Regulation .06 of this chapter;

(4) Prepare a written summary of the grievance that specifies issues that may be considered at a hearing;

(5) Compile documents that may be considered in a preliminary review or a hearing that include, without limitation:

(a) Institutional reports,

(b) Classification records,

(d) Administrative remedy procedure decisions, and

(e) Any other information or citations of law that may be useful in determining the merits of the grievance;

(6) If necessary, conduct a preliminary investigation of the grievance;

(7) If a hearing is necessary, make a preliminary determination of a grievant's request for a representative or witness, or both;

(8) If a hearing is necessary, refer the grievance to the Office of Administrative Hearings; and

(9) Prepare the record of the agency, when requested, for judicial review.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

COMAR 12.07.01.04 Grievance Filing Procedures.

A. A grievant shall file a grievance in writing:

(1) In a format approved by the Office; or

(2) Using an administrative remedy procedure form.

B. The grievant shall include the following in the written grievance:

(1) Date of the grievance;

(2) Grievant's name and inmate number;

(3) Grievant's postal address;

(4) Nature of the grievance, including not more than one claim for relief;

(5) Information concerning the situation or occurrence that is the subject of the grievance, to include any relevant:

(a) Date;

(b) Time;

(d) Name of an official, employee, inmate, or other individual involved;

(6) Name and location of any witness requested and a proffer of each witness's testimony;

(7) Name and location of a requested hearing representative;

(8) A copy of any claim filed with the Treasurer under the Maryland Tort Claims Act, and, if available, the Treasurer's letter directing the inmate to file a grievance with the Office; and

(9) If the grievance is based on:

(a) An appeal from the administrative remedy procedure, a copy of all related paperwork, including the:

(i) Request for administrative remedy;

(ii) Warden's response and receipt of the warden's response;

(iii) Appeal; and

(iv) Commissioner's response and receipt of the Commissioner's response;

(b) An appeal from a disciplinary proceeding, a copy of all related paperwork, including the:

(i) Notice of inmate rule violation and disciplinary hearing;

(ii) Hearing record;

(iii) Appeal to the warden; and

(iv) Warden's response to the appeal;

(i) Notification of classification action; or

(ii) Notification of case management action;

(d) A challenge of a calculation of sentence or diminution credit transaction, a copy of all related paperwork, including the:

(i) Notification of calculation of sentence; or

(ii) Notification of diminution credit action; or

(e) A property claim, a copy of all related paperwork, including the:

(i) Property inventory form;

(ii) Property confiscation form;

(iii) Commissary form;

(iv) Order form; and

(v) Receipt.

C. The grievant shall place the grievance and related documents in a sealed envelope addressed to the Executive Director at the current address of the Office.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

COMAR 12.07.01.05 Time Limitations and Procedural Bars.

A. Except as otherwise provided in this chapter, a grievant shall file a grievance within 30 days of the date that the:

(1) Situation or occurrence that is the subject of the grievance took place; or

(2) Grievant knew or should have known of the situation or occurrence that is the subject of the grievance.

B. If the grievance is based on an appeal from the administrative remedy procedure, a grievant shall file the grievance within 30 days of the date that the:

(1) Grievant received the Commissioner's response concerning the appeal; or

(2) Commissioner's response to the appeal was due to the grievant.

C. If the grievance is based on an appeal from a disciplinary proceeding, a grievant shall file the grievance within 30 days of the date that the:

(1) Grievant received the warden's final response to the appeal; or

(2) Warden's response to the appeal was due to the grievant.

D. If a grievant filed a complaint with a court and the court dismissed the complaint because the grievant did not exhaust administrative remedies, the grievant may file a grievance, based on the subject of the complaint filed with the court, with the Office within 30 days of the date the order of dismissal was entered or filed by the court.

E. The Office may dismiss any disciplinary proceeding appeal and any grievance within the scope of the administrative remedy procedure that has not been properly exhausted through all institutional remedies in a timely manner.

F. A time limitation or procedural bar may be waived for a grievance which represents a continuing problem or for which good cause is shown for a failure to proceed in a timely fashion.

Cross References

12.03.01.30C

12.07.01.06B(3)

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

COMAR 12.07.01.06 Preliminary Review—Executive Director.

A. The Executive Director shall conduct a preliminary review of a grievance and determine if the grievance should:

(1) Be dismissed; or

(2) Proceed to a hearing.

B. The Executive Director shall dismiss a grievance on preliminary review as wholly lacking in merit if:

(1) The grievant is not in the custody of the Commissioner or the Director of the Patuxent Institution at the time the grievance is received by the Office;

(2) The grievance is not brought against any official or employee of the Division or the Patuxent Institution;

(3) The grievance is not filed within the time constraints and does not meet the exceptions under Regulation .05 of this chapter;

(4) The grievant did not properly exhaust remedies available under the administrative remedy procedure or the disciplinary proceeding;

(5) The grievant does not establish a claim for which the Office can grant relief; or

(6) The grievance is moot.

C. The Executive Director shall notify the grievant, in writing, of the decision to dismiss the grievance on preliminary review.

D. The Executive Director's decision to dismiss a grievance following a preliminary review is final.

Cross References

12.07.01.03B(3)

25.02.05.03B

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

COMAR 12.07.01.07 Hearing Procedures.

A. General.

(1) If after conducting a preliminary review, the Executive Director decides the grievance should proceed to a hearing, the Executive Director, or a designee, shall notify the grievant and all other individuals determined necessary for the hearing of the date, time, and location of the hearing.

(2) To the extent that security considerations permit, a hearing conducted under this chapter shall be open to the public.

(3) An administrative law judge of the State Office of Administrative Hearings shall preside over the hearing.

B. Prehearing discovery procedures do not apply to inmate grievance proceedings.

C. During a hearing, the grievant may:

(1) Be represented by an attorney licensed to practice law in the State, another inmate, or may appear without representation;

(2) Call witnesses determined by the Office or the presiding administrative law judge to have competent and relevant testimony that is not unduly cumulative or repetitive; and

(3) Present or request the presentation of documents and records determined by the Office or the presiding administrative law judge to be competent and relevant and not unduly repetitious in the determination of the merits of the grievance.

D. The administrative law judge shall conduct the hearing according to standards established under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

COMAR 12.07.01.08 Standards of Review.

A. General.

(1) At a hearing, the burden of proof is a preponderance of the evidence and rests with the grievant.

(2) A decision at a hearing shall be based on substantial evidence.

B. Grievance Based on Disciplinary Proceedings.

(1) If a grievance is challenging the sufficiency of the evidence presented as part of a disciplinary proceeding:

(a) The administrative law judge shall affirm the decision of the disciplinary proceeding if the administrative law judge determines the original decision was based on substantial evidence.

(b) The administrative law judge may not substitute judgment on factual matters for that of the trier of fact who has the ability to observe witnesses and to weigh credibility.

(2) If a grievance is challenging the interpretation of the law, rules, policy, procedures, or regulations applicable to a disciplinary proceeding, the administrative law judge shall affirm the decision of the disciplinary proceeding if the administrative law judge determines that the interpretation was not erroneous, or an erroneous interpretation was not prejudicial.

(3) If a grievance charges that procedures applicable to a disciplinary proceeding were not followed, the administrative law judge shall:

(a) Determine if applicable procedures were properly followed;

(b) Determine if applicable procedures that were not followed were intended to provide the grievant a procedural benefit;

(d) Determine if the failure to follow applicable procedures prejudiced the grievant; and

(e) If the administrative law judge determines that applicable procedures were not followed and were intended to provide the grievant a procedural benefit and a failure to follow the applicable procedures made the proceeding fundamentally unfair or otherwise prejudiced the grievant:

(i) Vacate the decision of the disciplinary proceeding; and

(ii) Remand the case for a new disciplinary proceeding, unless a remand could not remedy the procedural deficiency.

(4) If a grievance is challenging the sentence imposed at a disciplinary proceeding, the administrative law judge shall affirm the decision of the disciplinary proceeding if the sentence imposed does not violate any federal or State constitutional, statutory, regulatory, or policy requirement.

C. Grievance Based on Institutional Administrative Decisions.

(1) If a grievance is challenging administrative decisions, including, but not limited to, classification and case management actions, the administrative law judge shall determine if the decision was:

(a) Arbitrary and capricious; or

(b) Inconsistent with law.

(2) The administrative law judge may determine that an administrative decision is arbitrary and capricious or inconsistent with the law if:

(a) The decision maker or makers did not follow applicable laws, regulations, policy or procedures;

(b) The applicable laws, regulations, policy or procedures were intended to provide the grievant a procedural benefit; and

Cross References

12.03.01.30C

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

COMAR 12.07.01.09 Property Grievances.

A. Except as otherwise provided under this regulation, a grievance challenging administrative actions taken in connection with an inmate's property is processed the same as a grievance for any other issue properly before the Office.

B. Except as otherwise provided under §C of this regulation, the grievant has the burden of proof, by a preponderance of evidence, of the following:

(1) That the property was lost, damaged, stolen, or destroyed through the negligence or other wrongful act or omission of an employee or official of the Division or the Patuxent Institution;

(2) That the grievant was the owner of the property at the time of the alleged loss, damage, theft, or destruction;

(3) That the grievant was authorized to possess the property under the rules of the correctional facility in which the grievant was confined at the time of the alleged loss, damage, theft, or destruction; and

(4) The fair value of the property at the time of the alleged loss, damage, theft, or destruction.

C. If the grievance concerns inmate property that has been confiscated, the grievant has the burden of proving, by a preponderance of evidence:

(1) That the property was lost, damaged, stolen, destroyed, or improperly confiscated through the negligence or other wrongful act or omission of an employee or official of the Division or the Patuxent Institution;

(2) That an employee or official of the Division or the Patuxent Institution failed to comply with institutional rules governing disposition of confiscated property;

(3) That the grievant complied with all institutional rules governing inmate disposition of confiscated property;

(4) That the grievant was the owner of the property at the time of the alleged loss, damage, theft, destruction, or confiscation; and

(5) The fair value of the property at the time of the alleged loss, damage, theft, destruction, or confiscation.

D. To the extent that a grievance concerns property that is contraband, the possession of which is a crime under Criminal Law Article, §9-412, Annotated Code of Maryland, the grievance shall be dismissed as without merit.

E. If the administrative law judge decides a grievance in favor of the grievant, the administrative law judge shall:

(1) Issue a proposed decision and proposed order recommending that:

(a) The grievant be reimbursed for, or given a replacement for, property which has been lost, damaged, stolen, or destroyed; or

(b) Improperly confiscated property which has not been lost, damaged, stolen, or destroyed, be returned to the grievant;

(2) Note in the proposed decision and proposed order whether the grievant has filed a claim under the Maryland Tort Claims Act; and

(3) Forward the decision and proposed order to the Secretary.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

COMAR 12.07.01.10 Action After Hearing.

A. Decision and Final Order When the Grievance Is Without Merit. If an administrative law judge conducts a hearing and determines that a grievance is without merit:

(1) The administrative law judge shall:

(a) Issue the decision and order in writing including:

(i) Findings of fact; and

(ii) Conclusions of law; and

(b) Distribute the written decision and order as required under §C(2) of this regulation; and

(2) That decision is a final decision for the purpose of judicial review.

B. Submission of Proposed Decision and Proposed Order to Secretary When the Grievance Is Meritorious. If an administrative law judge conducts a hearing and determines that a grievance has merit, in whole or in part, the administrative law judge shall:

(1) Issue a proposed decision and proposed order in writing including:

(a) Findings of fact; and

(b) Conclusions of law; and

(2) Forward the proposed decision and proposed order to the Secretary for final action.

(3) The Secretary, or a designee, shall review the proposed decision and proposed order of the administrative law judge to ensure that:

(a) The Inmate Grievance Office has jurisdiction over the subject matter of the grievance;

(b) The findings of fact are supported by the record;

(d) The proposed decision constitutes a proper interpretation and application of relevant law;

(e) The proposed remedy is appropriate; and

(f) Funds have been appropriated or are otherwise available if a monetary award is recommended.

(4) Within 15 days of receipt of the proposed decision and proposed order of the administrative law judge, the Secretary shall issue an order that:

(a) Affirms the proposed decision and proposed order of the administrative law judge;

(b) Reverses the proposed decision and proposed order of the administrative law judge;

(d) Remands the action for further administrative proceedings or consideration.

(5) The Secretary's order under §B(4) of this regulation is a final order for the purposes of judicial review.

C. Final Decision—Notifications.

(1) If the Executive Director dismisses a grievance without a hearing following a preliminary review, the Executive Director shall, on the date of the decision, send written notification to:

(a) The grievant; and

(b) If appropriate, the grievant's attorney.

(2) If an administrative law judge issues a final decision and order denying and dismissing a grievance as without merit under §A(1) of this regulation, the administrative law judge shall, on the date of the decision, send written notification to the following:

(a) The grievant;

(b) If applicable, the grievant's attorney;

(d) The warden of the grievant's correctional facility; and

(e) The Commissioner or the Director of the Patuxent Institution, whoever is responsible for the custody of the grievant.

(3) If the Secretary issues a final decision and order under §B(4) of this regulation, the Secretary, or a designee, shall, on the date of the decision, send written notification to the following:

(a) Those individuals identified under §C(2) of this regulation; and

(b) The Office of Administrative Hearings.

D. Monetary Damages.

(1) If an administrative law judge recommends awarding a grievant monetary damages and the Secretary concurs with that recommendation, the Secretary shall:

(a) Include this decision in the Secretary's order under §B(4) of this directive;

(b) If the grievant is also pursuing a claim under the Maryland Tort Claims Act, include this information in the order indicating that payment is contingent upon the Treasurer's decision on the tort claim; and

(2) If the Treasurer decides to pay the award, the Treasurer, or a designee, shall:

(a) Arrange for payment to the grievant; and

(b) Notify the Secretary, in writing, of the decision and arrangements for payment.

(3) If the Treasurer denies payment of the award, the Treasurer shall notify the Secretary, in writing.

(4) If notified under §D(4) of this regulation, the Secretary may arrange for payment of the award:

(a) From the Department's budget; or

(b) Through the Board of Public Works.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

COMAR 12.07.01.11 Judicial Review.

The grievant is entitled to judicial review of an administrative decision of the Executive Director, an administrative law judge, or the Secretary under this chapter according to Correctional Services Article, §10-210, Annotated Code of Maryland and the Maryland Rules of Procedure.

History

Administrative History: Effective date: July 21, 1972
Administrative History: Regulation .01B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .01F adopted effective November 21, 1983 (10:23 Md. R. 2065)
Administrative History: Regulation .02 amended effective August 3, 1977 (4:16 Md. R. 1214)
Administrative History: Regulation .02B amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .02C amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: Regulation .02D adopted effective March 1, 1982 (9:4 Md. R. 332)
Administrative History: Regulation .02D amended effective November 21, 1983 (10:23 Md. R. 2065); July 15, 1985 (12:14 Md. R. 1432); December 28, 1987 (14:26 Md. R. 2748)
Administrative History: Regulation .03D amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .04 adopted effective April 11, 1983 (10:6 Md. R. 559)
Administrative History: Regulation .06 amended effective August 6, 1990 (17:15 Md. R. 1861)
Administrative History: Regulation .06B amended effective August 10, 1987 (14:16 Md. R. 1776)
Administrative History: ——————
Administrative History: Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective June 6, 1994 (21:11 Md. R. 952)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §10-204, Annotated Code of Maryland

12.08.01 General Regulations

COMAR 12.08.01.01 Introduction.

A. The law establishing the Parole Commission of the State of Maryland provides for a separate agency within the Department of Public Safety and Correctional Services with exclusive power to hear cases for parole release and revocation and to authorize the parole of persons sentenced under the laws of this State from any penal or correctional institution.

B. The Commission also has the power to issue warrants for the return to custody of alleged violators of parole and to revoke a parole upon a showing of a violation of the conditions of parole.

C. In addition, the Commission evaluates information on the activities of parolees as reported by the Division of Parole and Probation and makes recommendations to the Governor with respect to life cases, pardons, and commutations of sentences.

D. These regulations are promulgated by the Parole Commission pursuant to Correctional Services Article, §7-207, Annotated Code of Maryland, as amended, and may not be construed as waiving or abrogating any existing statutes or laws.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.02 Definitions.

The definitions as set forth in Correctional Services Article, §7-101, Annotated Code of Maryland, are hereby adopted by this Commission and incorporated by reference in these regulations.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.03 Composition of the Commission.

The Parole Commission consists of seven members (a chairman and six associate members), appointed by the Secretary of Public Safety and Correctional Services, with the approval of the Governor and with the advice and consent of the Senate, for staggered terms of 6 years. The Chairman, from time to time designated by the Secretary of Public Safety and Correctional Services, with the approval of the Governor, is the executive and administrative head, coordinating the assignments and duties of the other members, and directing the duties of the employees and other personnel.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.04 Meetings of the Commission.

A. Regular. The Commission shall sit en banc in general session not less than once each month, at the call of the chairman, to discuss and settle questions of policy and procedure, to arrange the schedule of institutional hearings, and to review such other matters as may be within the Commission's jurisdiction. Reasonable notice of these meetings shall be given each member of the Commission.

B. Special. Special meetings shall be held when called by the Chairman or any two members of the Commission and reasonable notice of these meetings shall be given to each member of the Commission.

C. Executive Sessions. The Commission, for good cause, may meet in private in executive session, and shall do so as provided in Regulation .24G, below.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.05 Parole Hearings.

The Commission shall cause hearings to be conducted at least once each month, at the penal or correctional institutions under the supervision and control of the Division of Correction, and, as often as may be required, at jails or other places of penal confinement or detention in this State in which inmates eligible for parole consideration are confined.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.06 Records.

All official files, reports, documents, evaluations, and records pertaining to any individual which are kept in normal course of the conduct of the business of the Parole Commission are declared confidential. Except as otherwise provided by law, they may not be inspected by, items withdrawn from, or items furnished to any person or entity other than the Secretary of Public Safety and Correctional Services, the Commissioner of Correction, the Director of the Division of Parole and Probation, and members and employees of the Commission of the Departments mentioned.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.07 Rules of Evidence.

The Commission may not be bound by common law or statutory rules of evidence or by any technical or formal rules or procedures other than as provided in these regulations.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.08 Attorneys.

A. Attorneys may practice before the Commission subject to the limitations delineated in Regulation .18C. They may request a conference with the Commission and submit letters or other data relative to an inmate's parole consideration.

B. Parolees or mandatory releasees may be represented by counsel at parole revocation hearings. If a parolee or mandatory releasee is indigent, the Commission will make an effort to obtain counsel to represent the parolee or mandatory releasee without cost.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.09 Interested Parties.

Relatives or other interested and responsible individuals may request a conference with the Commission, submit letters, or other pertinent data relative to an inmate's parole consideration at any time before the hearing. They may not appear at parole hearings.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.10 Mentally Disturbed Prisoners.

A. Parole hearings may not be held for inmates confined in a State mental hospital, unless the Commission, in its discretion, and upon the recommendation of the Maryland Department of Health, elects to hold a parole hearing at the State mental hospital where the inmate resides.

B. Whenever an inmate is transferred back to the Department of Correction by the Maryland Department of Health, a hearing will be scheduled on the date set by the Commission at any prior parole hearing. If there has been no prior parole hearing, a hearing will be scheduled at the expiration of one-fourth of the sentence. If the transfer occurs subsequent to this date, the hearing shall be held at the next meeting of the Commission at the place of confinement.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.11 Prisoners in Custody of Another Jurisdiction.

A. An individual serving a sentence in a foreign jurisdiction who was sentenced in Maryland to a term to run concurrently with the foreign sentence may be considered for parole in absentia by the Commission at the same time he is being considered for parole in the foreign institution.

B. Whenever an inmate sentenced to a Maryland institution is in the custody of federal or out-of-State authorities other than for the purpose of serving a concurrent sentence, the inmate shall have his parole hearing continued until such time as he is returned to one of the State penal institutions.

C. Persons sentenced to the custody of the Commissioner of Corrections who are serving their sentence in a foreign jurisdiction under the Interstate Compact of Corrections shall receive consideration for parole in any manner permitted in this compact which, in the discretion of the Commission, seems expedient and appropriate.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.12 Mental Examinations.

The Commission, in its discretion, may arrange psychiatric or psychological examinations, or both, for applicants for parole whenever it deems these examinations will better enable it to decide the advisability of parole.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.13 Mandatory Release.

A prisoner may shorten the period of his incarceration, even in the absence of parole, if he maintains a satisfactory institutional adjustment. “Good time and industrial time credits” serve to decrease the length of incarceration. These prisoners are released by action of the Division of Correction upon termination of sentence less credit for good conduct and industrial time earned, but by statute, are supervised “as if on parole” and are subject to the jurisdiction of the Parole Commission after release and bound by the rules and conditions of parole until the legal expiration date of their sentence. A violation of any rules and conditions of parole shall subject the releasee to parole revocation procedures.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.14 Narcotic and Dangerous Drug Users.

A. All inmates who, in the discretion of the Commission, may benefit by special treatment by virtue of their addiction to or use of narcotic or dangerous drugs may be paroled with the special condition that they actively participate in approved treatment programs.

B. Methadone Maintenance Programs. A presumably drug-free inmate will not be paroled with the special condition of methadone treatment unless he is evaluated and a report is submitted to the commission by a qualified physician that, not withstanding the inmate's drug-free status, a methadone maintenance program would be best suited to the treatment needs of the inmate.

C. Civil Commitment--Drug Abuse Administration. Any inmate who deems himself a drug addict shall, with the approval of the Commission, be eligible for civil commitment to an in-patient treatment facility under the auspices of the Drug Abuse Administration, providing he has no other criminal charges pending and the conviction is for a crime not punishable by more than 10 years imprisonment (larceny excepted).

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.15 Commutation.

A. Any inmate may request of the Commission a recommendation to the Governor that the sentence be commuted when all legal remedies are exhausted and the circumstances of the case are unusual. The Commission may entertain these requests at a parole hearing, and in its discretion may deny the request or submit it to the Governor with a recommendation. A sentence can be commuted to time served and the inmate released, or to a number of years. Once commuted, the Commission, in its discretion, may release the inmate on parole. If the Governor denies the request, it may again be resubmitted after a reasonable time.

B. Life Cases. The Commission will recommend to the Governor a commutation of a life sentence where the case warrants special consideration or where the facts and circumstances of the crime justify special consideration, or both.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.16 Pardons.

A. Pardons are awarded by the Governor upon recommendation by the Parole Commission, and may be full, conditional, or partial.

B. If pardon is denied, the petitioner may reapply after a reasonable time. Before making its recommendation to the Governor, the Commission shall cause a comprehensive investigation of the individual to be prepared by the Division of Parole and Probation for submission to it and to the Governor.

C. Request for pardon may be initiated by petition or letter directed to the Parole Commission. Proof of successful completion of any parole or probation, or both, which may have been imposed, plus a reasonable length of satisfactory adjustment in the community beyond the maximum expiration date of sentence, is preferred for a favorable pardon recommendation.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.17 Preparation for Parole Consideration.

A. Parole Consideration and Parole Hearings.

(1) A parole-eligible prisoner sentenced to a term of 6 months or more for a crime that is not a violent crime or for a violent crime that occurred before October 1, 1994, shall receive a parole hearing after serving not more than 1/4 of the sentence or, in the case of multiple sentences, 1/4 of the combined sentences unless:

(a) The prisoner is incarcerated for a violent crime and the victim, in accordance with COMAR 12.08.02, makes a written request that the parole hearing be open to the public;

(b) The prisoner has been sentenced to more than one term of confinement, including a term during which the prisoner is eligible for parole and a term during which the prisoner is not eligible for parole;

(2) If the parole hearing is designated as open to the public under §A(1) of this regulation, the parole hearing may be held up to 90 days later than 1/4 of the sentence, 1/4 of the combined sentences, or the greater of 1/4 of the combined sentences or a period of time equal to the term during which the prisoner is not eligible for parole.

(3) A parole-eligible prisoner sentenced to a term of 6 months or more for a violent crime that occurred on or after October 1, 1994 shall receive a parole hearing after serving not more than 1/2 of the sentence, or in the case of multiple sentences, 1/2 of the combined sentences unless:

(a) The victim, in accordance with COMAR 12.08.02 makes a written request that the parole hearing be open to the public;

(4) If a prisoner has been sentenced to a term of confinement that includes a sentence for which the prisoner is not eligible for parole consideration, the prisoner is not eligible for parole consideration until having served the greater of:

(a) The period set forth in §A(1)—(3) of this regulation; or

(b) A period of time equal to the term during which the prisoner is not eligible for parole.

(5) If the parole hearing is designated as open to the public under §A(3) of this regulation, the parole hearing may be held up to 90 days later than 1/2 of the sentence, 1/2 of the combined sentences, or the greater of 1/2 of the combined sentences or a period of time equal to the term during which the prisoner is not eligible for parole.

(6) Administrative Review.

(a) The file of a prisoner sentenced to life imprisonment, or to a term of 25 years or more shall be administratively reviewed by the Commission after serving 5 years of the sentence unless the prisoner is serving a term of confinement for a violent offense which occurred on or after October 1, 1994.

(b) The file of a prisoner serving a term of confinement for a violent offense which occurred on or after October 1, 1994 shall be administratively reviewed by the Commission after serving 1/4 of the term of confinement.

(c) The file of a prisoner serving a term of confinement that includes a mandatory term during which the prisoner is not eligible for parole need not be administratively reviewed until the period of confinement during which the prisoner is not eligible for parole has been served.

(d) Before conducting an administrative review, the Division of Correction shall furnish the Commission with a pre-review summary similar to a pre-parole summary unless the review is conducted in accordance with §A(5)(g) of this regulation.

(e) The decision resulting from the review shall be in writing unless the review is conducted in accordance with §A(5)(g) of this regulation.

(f) Except as provided in §A(5)(g) of this regulation, an administrative review shall:

(i) Be conducted by a randomly assigned Commission member or hearing examiner;

(ii) Ensure that the file contains the necessary documents;

(iii) Develop a chronological record of the case before the initial parole release hearing; and

(iv) Be sent to the prisoner and the institution where the prisoner is incarcerated.

(g) If a prisoner is serving a term of confinement of less than 25 years for a violent offense which occurred on or after October 1, 1994, an administrative review shall:

(i) Be conducted by a Commissioner or hearing officer;

(ii) Ensure that the file contains the necessary documents before the initial parole release hearing; and

(iii) When appropriate, establish the month and year of the initial parole release hearing.

(7) Sentence of Life Imprisonment.

(a) A prisoner sentenced to life imprisonment is eligible for parole after serving 15 years or the equivalent of 15 years when considering the allowance for any diminution credits awarded by the Division of Correction in accordance with Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland.

(b) A prisoner sentenced to life imprisonment as a result of a proceeding under Criminal Law Article, §2-303, Annotated Code of Maryland, is eligible for parole after serving 25 years or the equivalent of 25 years when considering the allowance for any diminution credits awarded by the Division of Correction in accordance with Correctional Services Article, Title 3, Subtitle 7, and Title 11, Subtitle 5, Annotated Code of Maryland.

(c) When a parole release hearing for a prisoner serving a sentence of life imprisonment is scheduled, that date may be deferred for up to 90 days if the hearing is open to the public in accordance with COMAR 12.08.02.

(d) A prisoner sentenced under Criminal Law Article, Title 2, Subtitle 2, or §2-303, Annotated Code of Maryland, to imprisonment for life without the possibility of parole is not eligible for parole consideration and may not be granted parole at any time during the term of the sentence.

(e) The Governor has the exclusive power to grant parole to prisoners serving a sentence of life imprisonment.

(f) A parole release hearing for a prisoner serving a sentence of life imprisonment shall be conducted by a panel of two Commissioners and, if they agree to recommend the granting of parole, the case shall be presented by the panel to the Commission en banc.

(g) If the Commission meeting en banc agrees that the prisoner should be granted parole, the Commission's recommendation for parole shall be forwarded to the Governor.

(h) When the Commission determines that an inmate has demonstrated suitability for parole, the Commission may not send to the Governor a recommendation for commutation in lieu of a recommendation for parole.

(8) Consecutive Sentences.

(a) When life sentences are imposed consecutively to each other, the eligibility of the prisoner for parole shall be determined by aggregating the number of years required for parole eligibility on each separate life sentence.

(b) When a term of confinement includes a life sentence or sentences and a fixed term or terms to be served consecutively, regardless of the order in which they are to be served, the eligibility of the prisoner for parole shall be determined by aggregating the number of years required for parole eligibility on the fixed term or terms with the number of years required for parole eligibility for the life sentence or sentences.

(9) Split Sentences.

(a) When the court suspends a portion of the sentence imposed, other than a sentence of life imprisonment, a prisoner shall receive a parole release hearing on the unsuspended period of confinement in accordance with §A(1) or (3) of this regulation.

(b) Regardless of how much of a sentence of life imprisonment is suspended by the court, a prisoner sentenced to life imprisonment cannot be paroled until the prisoner has served the period of confinement required by Correctional Services Article, §7-301(d), Annotated Code of Maryland.

B. General Requirements. Before each parole hearing, the Commission reviews all information available. The Admission Summary of the Division of Corrections for each prisoner shall be furnished the Commission and shall contain a detailed report of the nature of the offense, a complete social history, employment record, etc. The following are procedures for accumulating further information:

(1) State Penal or Correctional Cases.

(a) In advance of the hearing date, the Commission shall cause to be promulgated a list of those cases which shall receive parole consideration. This list shall be distributed to the institutions of confinement.

(b) The receipt of this list by the institution shall serve as notice for the initiation of up-to-date staff reports, psychological and psychiatric examinations, and other reports pertaining to the inmate scheduled for hearing. The institutional parole agent shall initiate the pre-parole investigations of home and employment plans.

(c) In cases where a detainer is on file or a pending charge is indicated, its status will be investigated and reported, so far as reasonably possible, before that hearing.

(d) Attached to the material enumerated above, there shall be a pre-parole summary containing a report of the inmate's institutional adjustment and progress during his incarceration or since his last appearance before the Commission. This summary may include a recommendation regarding parole by the institutional staff. The pre-parole summary shall also contain the projected date of mandatory release from the institution after allowing credit for good conduct time and industrial time earned by the inmate.

(e) The completed material shall be collected and shall include any pre-sentence reports and any prior parole and probation files of the prisoner. Before the hearing the Chairman shall assign the completed files to members of the Commission and hearing examiners for their review and hearing.

(2) County Jail and Detention Center Cases.

(a) It shall be the duty of the Division of Parole and Probation to inform the Commission, by timely notice, of all persons serving sentences of 6 months or more in county jails or detention centers, and to prepare a docket and necessary classification material.

(b) Before the hearing date of the prisoner, the Division of Parole and Probation shall prepare a pre-parole report reflecting the community plan established, or to be established, by the parole applicant. The report should reflect the home situation, environmental patterns, economic factors, and such other relevant matters, including social history, as the Commission may require in order to properly evaluate the prisoner for parole.

C. Notice to Inmate and Access to Files.

(1) Notification. Before any parole hearing, it shall be the duty of the several institutional parole agents to furnish the applicant for parole with written notice of the:

(a) The date, time, and place of the hearing;

(b) The factors which the Commission will consider in making its determination;

(c) Right of the prisoner or a representative to examine and inspect before the hearing, any file, report, or other document to be used by the Commission in making its determination.

(2) “Representative” defined. The following shall be recognized as authorized representatives to examine an inmate's file at his request:

(a) Classification counselors or other members of the professional institutional staff where the inmate is incarcerated;

(b) Any member of the Bar in good standing;

(d) Any agent of the Division of Parole and Probation.

(3) Time of Notice. The notice shall be furnished the inmate not less than 15 days before the parole hearing unless, in certain individual cases and for good cause, the time must be shortened.

(4) Notice of Intention and Authorization of Representative.

(a) Any inmate desiring to inspect his file shall immediately, upon receipt of the notice of hearing, file a notice of this intention with the institutional parole agent upon a form to be furnished by that agent. If a representative is to be authorized to inspect the file on behalf of the inmate, the name of the representative and his occupation and address shall be included on the notice together with an authorization of the inmate for the person to act as his representative.

(b) Upon receipt of the notice, the institutional parole agent shall furnish the Commission with the name and number of the inmate and at the same time notify classification personnel of the Division of Corrections in order that they may immediately prepare a pre-parole summary in timely fashion in order that it will be made available to the inmate at the time of the file review.

(5) Review of Parole Commission File.

(a) The institutional parole agent and the inmate or the inmate’s representative shall review the file at the appointed time.

(b) Except as provided in Correctional Services Article, §7-303(b)(1)(ii), Annotated Code of Maryland, the inmate and the inmate’s representative may, on request, examine a document that the Commission or hearing examiner uses in determining whether the inmate is suitable for parole.

(c) Subject to the provisions stated in Correctional Services Article, §7-303b(1)(ii), Annotated Code of Maryland, the Commission may not withhold from an inmate or an inmate’s representative a document or communication from the Office of the State’s Attorney concerning an inmate who is being considered for parole unless the Commission believes that releasing the document would compromise the safety of one or more individuals.

(d) Subject to the provisions stated in Correctional Service Article, §7-303(b)(2), Annotated Code of Maryland, any documents submitted by a victim or the victim’s designated representative shall be available for review by the inmate or the inmate’s representative except when prohibited by Correctional Services Article, §7-303(b)(1)(ii), Annotated Code of Maryland.

(e) If a risk assessment is prepared for the Commission, the Commission shall upon receipt provide the inmate with a copy of the inmate’s risk assessment or a summary of the risk assessment.

(f) If the Commission withholds any requested documents or portions of requested documents, the Commission shall provide the inmate or the inmate’s representative with a list of each withheld document and a summary of the document’s contents as required by Correctional Services Article, §7-303(b)(1)(iii), Annotated Code of Maryland.

(6) Disputed facts.

(a) Errors, omissions, or disputed facts contained in the file shall be adjusted and corrected by agreement between the inmate or his representative, and the parole agent.

(b) In cases of irreconcilable difference, it shall be the duty of the institutional parole agent to immediately notify the Parole Commission, furnishing it with a short statement of the problem and nature of the dispute.

(c) The Commission, upon receipt of the notice, may postpone the hearing for a period not exceeding 30 days and shall determine, in its discretion, how best to decide the dispute. In so doing it may, but may not be limited to, any of the following:

(i) Obtain documentary evidence to prove the disputed fact;

(ii) Reserve the question until the parole interview;

(iii) Accept the inmate's version of the disputed facts;

(iv) Hold a fact-finding hearing with two or more Commission members before the parole hearing, allowing testimony of witnesses and cross-examination of witnesses by all parties. The inmate may have his representative present to act as counsel at any fact-finding hearing.

(d) The facts found by the Commissioners shall be final and shall become a part of the file to be considered at the parole hearing and a copy of the finding shall be furnished in writing to the inmate before the parole hearing.

Cross References

12.08.01.18E(6)

12.08.01.23C(7)

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.18 Consideration for Parole.

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.

(2) The Commission also considers the following criteria:

(a) Whether there is substantial risk the individual will not conform to the conditions of parole;

(b) Whether release at the time would depreciate the seriousness of the individual's crime or promote disrespect for the law;

(d) Whether the individual's continued incarceration will substantially enhance his ability to lead a law abiding life when released at a later date.

(3) When deciding if an inmate serving a life sentence for a crime committed while younger than 18 years old is suitable for parole, the Commission shall consider whether the inmate has adequately demonstrated maturity and rehabilitation since commission of the crime.

(4) In addition to the factors contained in §A(1)—(3) of this regulation, the Commission shall consider the following mitigating factors, to which it affords appropriate weight, in determining whether an inmate who committed a crime as a juvenile is suitable for release on parole:

(a) Age at the time the crime was committed;

(b) The individual’s level of maturity and sense of responsibility at the time of the crime was committed;

(d) Whether the prisoner’s character developed since the time of the crime in a manner that indicates the prisoner will comply with the conditions of release;

(e) The home environment and family relationships at the time the crime was committed;

(f) The individual’s educational background and achievement at the time the crime was committed; and

(g) Other factors or circumstances unique to prisoners who committed crimes at the time the individual was a juvenile that the Commissioner determines to be relevant.

(5) To make these determinations the Commission shall examine:

(a) The inmate’s prior criminal and juvenile record and the inmate’s response to prior incarceration, parole or probation, or both;

(b) The inmate’s behavior and adjustment and the inmate’s participation in institutional and self-help programs, including progression to Division of Correction facilities with a less restrictive security classification;

(d) The inmate’s current attitude toward society, discipline, and other authority, etc.;

(e) The inmate’s past use of narcotics, alcohol, or dangerous controlled substances;

(f) Whether the inmate has demonstrated emotional maturity and insight into the inmate’s problems;

(g) Any reports or recommendations made by the sentencing judge, the institutional staff, or by a professional consultant such as a physician, psychologist, or psychiatrist;

(h) The inmate’s employment plans, occupational skills, and job potential;

(i) The inmate’s family status and stability;

(j) The inmate’s ability and readiness to assume obligations and undertake responsibilities;

(k) The adequacy of the inmate’s parole plan and the availability of resources to assist the inmate;

(l) The circumstances surrounding the crime, which diminish in significance as a consideration after the initial parole hearing; and

(m) Any other factors or information which the Commission may find relevant to the individual inmate’s consideration for parole.

(6) The Commission may recommend that an inmate serving a sentence for a crime committed while younger than 18 years old progress to a facility with a less restrictive security classification, as provided in §E(4) of this regulation, and if the inmate:

(a) Has completed all programming and treatment options available at the inmate’s current security level;

(b) Would be afforded the opportunity to demonstrate parole suitability if placed in a lower security classification, or would benefit from the privileges, programming, and treatment programs that are available only at a less restrictive security classification; or

(7) Any risk assessment tool used by the Commission for determining the risk of an inmate shall include dynamic risk factors as a method for assessing risk and shall require the healthcare professional administering the tool to exercise independent clinical judgment in assessing risk.

(8) In deciding whether to recommend parole for an inmate serving a sentence of life imprisonment, the Commission may not consider whether the inmate has successfully completed a period of work release if the inmate has never been eligible for work release.

B. Hearings.

(1) An application for parole is not necessary, and an application need not be made by an inmate or on his behalf.

(2) A record shall be maintained of the mandatory hearing dates, noting on the record the time when each prisoner must receive parole consideration.

(3) The Commission shall conduct hearings at the State penal and correctional institutions and the county jails and detention centers in accordance with a schedule to be determined by the Commission and as required by the laws of the State.

(4) Hearings shall be conducted by a hearing examiner, a commissioner acting as a hearing examiner, or by two or more commissioners in accordance with the appropriate statutory requirements of each case.

C. Procedure.

(1) A parole hearing is actually an interview of the inmate, and attendance shall be restricted to parole personnel and a representative of the institution. On occasions, others may be invited by the Commission to attend, provided their attendance does not impede the prisoner being interviewed. The hearings are private and shall be held in an informal manner, allowing the prisoner the opportunity to give free expression to his views and feelings relating to his case. Formal presentations by an attorney, relatives, and others interested are not permitted at the parole hearings. Attorneys, relatives, and others who are interested in the inmate may discuss the relative merits or other factors of the case with the Commission at its executive offices, any time before or after a parole hearing.

(2) A parole hearing conducted by a parole commissioner or hearing examiner shall be electronically or stenographically recorded to preserve a record for appeal.

(3) Except as provided in §C(4) of this regulation, the recording shall:

(i) Be destroyed 30 days after the hearing unless an appeal has been taken under the provisions of Regulation .19 of this chapter; or

(ii) In cases of appeal, be destroyed upon conclusion of the appeal hearing.

(4) The recording of a parole hearing conducted for an inmate serving a life sentence for a crime committed while younger than 18 years old shall be retained until the conclusion of the inmate’s next parole hearing, or until the final disposition of any action seeking judicial review of the Commission’s decision, whichever is later.

(5) Absent any unusual circumstances, the inmate’s classification counselor shall attend all hearings concerning that inmate.

(6) The classification counselor, or other member of the institutional staff who has knowledge of relevant facts, shall be available to provide new information which may have developed since the completion of the reports provided to the Commission, and to assist in answering questions which may arise concerning institutional policy.

D. Parole Grant.

(1) Release on parole may not be granted unless recommended by a hearing examiner or acting hearing examiner and approved by a parole commissioner, or when required by law, by the affirmative vote of not less than two commissioners.

(2) When concurrence of at least two commissioners is required by law to grant parole, in the event of lack of concurrence, the case shall be continued and heard with a third commissioner present. The opinion of the majority shall represent the decision of the Commission.

E. Decisions.

(1) At the end of a parole interview, the inmate shall be verbally informed of the hearing examiner's recommendation, or of the decision in cases heard by two or more commissioners.

(2) A written copy of the hearing examiner's recommendation and the Commission's action relative to the recommendation, or a written copy of a Commission panel's decision shall be prepared and served upon the prisoner in accordance with Correctional Services Article, §§7-306 and 7-307, Annotated Code of Maryland. A copy of the written decision shall be retained in the Commission's file on the prisoner and in the prisoner's institutional base file.

(3) A parole commissioner or hearing examiner issuing a written decision denying parole to an inmate serving a life sentence for a crime committed while younger than 18 years old shall:

(a) Include specific findings as to why the inmate has failed to demonstrate suitability for parole;

(b) Affirm that the Commission, in reaching the decision to deny parole, considered:

(i) The diminished culpability of youth;

(ii) The hallmark features of youth; and

(iii) An individual’s capacity for growth and maturation;

(c) State why the Commission has determined that the inmate has not yet demonstrated sufficient maturity and rehabilitation;

(d) To the extent possible, provide guidance to the inmate that may improve the inmate’s likelihood of demonstrating suitability at the next parole hearing;

(e) Provide specific recommendations with regard to programming and treatment, as appropriate; and

(f) Notify the inmate of the right to seek judicial review of the decision as permitted by law.

(4) If a parole commissioner or hearing examiner determines that an inmate serving a life sentence for a crime committed while younger than 18 years old is nearing suitability for parole, the Commission shall:

(i) Indicate that determination within the inmate’s parole decision; and

(ii) Recommend that the inmate be transferred to a facility with a less restrictive security classification.

(5) If the Commission’s decision is to rehear the inmate’s case at a later date and if the parole rehearing is open to the public under COMAR 12.08.02, the rehearing may be held up to 90 days later than the rehearing date specified in the decision.

(6) Information shall be disclosed to the inmate in accordance with Regulation .17C(5) of this chapter.

(7) If the Commission requires additional information, it may defer issuing a decision pending receipt of the information and, upon receipt of the information, shall promptly:

(a) Render and serve a final decision; or

(b) Conduct another interview with the inmate before making a final decision.

(8) If the Commission decides not to recommend parole for an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall provide a copy of the decision to the inmate within 18 months of the parole hearing.

(9) If the Commission decides to recommend parole for an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall forward the recommendation to the Governor within 12 months of the parole hearing.

(10) For an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall provide the inmate with timely written notice of the inmate’s status in the parole process when:

(a) A risk assessment has been ordered;

(b) A risk assessment has been received;

(d) The case has been forwarded to the Governor with a recommendation for parole.

(11) Upon request from the inmate or the inmate’s representative, the Commission shall disclose to the inmate or the inmate’s representative the inmate’s current status in the parole process.

(12) The Commission may neither permanently refuse parole to an inmate serving a life sentence for a crime committed while younger than 18 years old, nor schedule any rehearing in excess of 10 years from the date of the previous hearing.

F. Effective Date of Parole.

(1) A decision to parole does not become effective for release of the inmate until the parole order is presented and accepted by him. An inmate shall be released on parole as soon as practicable after a favorable decision unless:

(a) The Commission has specified a deferred release date; or

(b) The investigation of the community plan of the individual indicates that he would be without means of support, is likely to be unemployed upon his release, or is without a satisfactory home plan.

(2) A prisoner may not be released from confinement without an approved parole plan.

G. Special Conditions for Release. The Commission may, when it deems it necessary for the safety and welfare of the individual or the safety of the public, impose reasonable special conditions to be complied with before release on parole or from time to time during the period of parole supervision. These conditions shall be such that compliance can be accomplished by the exercise of reasonable effort by the parolee.

H. Institutional Behavior Following Favorable Parole Action.

(1) When an effective date for release has been set by the Commission, release on that date is conditioned upon the continuance of good prison conduct. In those cases where the inmate's behavior is such that a re-evaluation of a previously established parole date should be made, it shall be the responsibility of the warden or superintendent of the institution of confinement to promptly provide the Commission with details of this behavior.

(2) Upon receipt of the information, the Commission may take such action as it deems appropriate under the circumstances including suspending release and rescheduling the inmate for an interview, after which the Commission may either cancel the parole order, delay the inmate's release, or grant the parole.

I. Early Initial Hearings.

(1) The Commission may, in its discretion, grant early initial parole hearings before the mandatory hearing date.

(2) The sentencing judge, the prosecuting attorney, or the inmate may write to the Commission requesting early parole hearings, setting forth the reasons for the request.

(3) Institutional personnel, over the signature of the warden or superintendent, or both, may write the Commission and request an early hearing, setting forth the reasons for the request.

(4) Wardens or superintendents, or both, may make recommendations for early parole hearings.

(5) The Commission may adopt a policy for uniform scheduling of hearings in advance of the mandatory date in accordance with such specific plan as it may from time to time establish.

(6) Considerations of the Commission for early hearings are:

(a) The inmate's prior criminal record;

(b) The nature and circumstances of the crime;

(d) The amount of time served and the inmate's institutional adjustment;

(e) The date of the inmate's regularly scheduled hearing;

(f) The reasons set forth in the request for an early hearing;

(g) Adjustment to prior parole or probation supervision.

(7) Authority to grant early initial hearings lies solely within the discretion of the Commission and cannot be delegated. Unless a uniform policy for advancing parole hearings has been adopted by the Commission, a hearing may not be advanced in individual cases except by a majority vote of those commissioners considering the question, and in any event, by at least three commissioners. An order to advance the hearing shall be in writing and included in the case file.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.19 Exception to Decision (Appeal).

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.

B. Disposition of Appeal.

(1) Upon receipt of exceptions or the non-concurrence of the Commission with a recommendation of a hearing examiner, the Chairman shall assign not less than two commissioners as an appellate panel to review the case on the record.

(2) The appellate panel shall, in the administrative offices of the Commission, review the record of the parole hearing, review the case file, consider the written recommendation of the hearing examiner, and the exceptions to the recommendation. The panel shall then, by a majority vote, render a final decision which shall be in writing and served upon all interested parties within 30 days of receipt of the exceptions.

(3) If the panel consists of only two commissioners and they cannot concur, a third commissioner shall be assigned to the panel and the decision of the majority shall be final.

C. Appellate Decision.

(1) The panel may elect to do the following:

(a) Affirm the decision of the examiner;

(b) Reverse the decision of the examiner and render a new decision;

(d) Remand the case to the examiner for further consideration and a new decision.

(2) Remand.

(a) A remand will be made when, in the opinion of the appellate panel, the examiner should have had additional information before making the decision.

(b) The examiner shall, immediately upon remand, request the necessary information from the appropriate source. If the information requested is not a psychological report, a psychiatric report, or other privileged information, the information shall be forwarded to the institutional parole agent where the individual is confined for the purpose of inmate review pursuant to Regulation .17C(5), providing the inmate has previously requested, and been provided a file review. Thereafter, the requested information shall be transmitted back to the hearing examiner for recommendation to the reviewing commissioner. If the inmate did not request a file review, the information shall be forwarded directly to the hearing examiner for recommendation to the commissioner.

Cross References

12.08.01.18C(3)(i)

12.08.01.23C(7)

12.08.02.11D(4)

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.20 Predetermined Parole Release.

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.

E. Procedures. The Mutual Agreement Program contract negotiations and all other procedures of the process shall be conducted in accordance with the provisions of Division of Corrections Regulation 280-10, which, together with all subsequent amendments, is hereby incorporated by reference in these regulations.

Cross References

12.08.02.01B

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.21 Release on Parole.

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.

C. Order for Release on Parole.

(1) Before being released on parole, each inmate is required to enter into and execute a written agreement which sets forth the terms and conditions upon which parole was granted, thus evidencing the inmate's acceptance of the terms and conditions.

(2) The conditions of the release contained in the Order shall be valid and shall remain effective regardless of whether the releasee signs the Order, providing a release from confinement occurs as a result of the Order.

(3) The Order shall bear the signature, or facsimile of the signature, of a member of the Commission, and the official seal of the Commission shall be affixed.

D. Conditions of Parole. The following shall be the general conditions of every parole:

(1) Report to your parole agent as directed and follow his instructions;

(2) Work regularly;

(3) Get permission from your parole agent before:

(a) Changing your home,

(b) Changing your job,

(4) Obey all laws;

(5) Notify your parole agent immediately if you are arrested;

(6) You may not illegally possess, use, or sell any narcotic drug, controlled dangerous substance, or related paraphernalia;

(7) You may not own, possess, use, sell, or have under your control, any dangerous weapon or firearms of any description without approval of the Parole Commission;

(8) You shall conduct yourself as not to present a danger to yourself or others.

E. Special Terms and Conditions. In addition to the general conditions, the Commission, in its discretion, may impose such special conditions as it deems appropriate to the individual.

F. Modification.

(1) The Commission may from time to time, in its discretion, and upon good cause shown, change or modify the conditions of an individual's parole.

(2) In case of modification, the parolee shall be given opportunity to show cause why a condition should not be changed, added, or modified.

(3) The inmate may request a hearing before not less than two commissioners before the modification, change, or addition.

G. Release of the Inmate.

(1) It is the policy of the Commission that an inmate who has been approved for parole may not remain confined in excess of 30 days from the date of the approval, unless a later date for release is specified by the Commission, or the Commission has granted parole upon the happening of a contingency.

(2) The Commission shall immediately be notified in writing by the institutional parole agent of the name of any person who remains in custody 30 days after his approval for parole, setting forth fully the reasons why the inmate is being so detained.

(3) Cases of failure of release within the 30 day limit shall be dealt with in such manner as the Commission, in its discretion, may deem appropriate considering the circumstances in each individual case.

H. Supervision. All persons under parole supervision shall be automatically abated from further supervision upon the completion of 2 years of uninterrupted crime-free behavior as provided below (subject to the exceptions stated):

(1) It shall be the duty of the parole agent to certify in writing for inclusion in the case file that the parolee has completed 2 years of uninterrupted crime-free behavior on parole and that further supervision is not deemed necessary for the protection of society. Upon the filing of this certificate, the Director of the Division of Parole and Probation may automatically sign and issue an order of abatement of supervision and the case shall then be closed for supervision purposes.

(2) Each parole agent, in lieu of signing a certificate as provided above may in all appropriate cases file a written report directed to the Parole Commission recommending continued supervision and stating reasons for the recommendation. Upon receipt of the recommendation, the Commission shall either order continued supervision or order abatement, as it shall, in its discretion, deem proper.

(3) A parolee, his representative, or the supervising agent may make application to the Commission for abatement of supervision at any time before the completion of 3 years of uninterrupted crime-free behavior on parole. The application shall be made in writing, setting forth the history of the parolee's adjustment to parole supervision and the reasons abatement is requested. The Commission, in its discretion, may issue an abatement from supervision order upon the application.

(4) Abatement of supervision does not release a parolee or mandatory releasee from the jurisdiction of the Commission before the maximum expiration date of the parole. All abatements shall be conditioned upon the parolee or mandatory releasee violating no laws before the maximum expiration date and maintaining conduct so as not to present a danger to self or others. An arrest, charge, or conviction, or improper conduct judged to present a danger to self or others, may result in a retake warrant being issued for the individual as a parole violator.

Cross References

12.13.01.08C(1)(a)

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.22 Violation and Revocation.

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”.

B. Duty of Agent.

(1) It shall be the duty of the supervising parole agent to make application for a warrant of parole violation in every case where the parolee is termed a violator.

(2) The application shall be in the form and style approved by the Commission from time to time.

(3) The agent may, in the exercise of sound discretion, elect not to apply for a warrant. In this case, the agent shall at once prepare a written report setting forth a summary of the parolee's background, parole adjustment, the full facts of the alleged violation supplemented by police and court records where applicable, together with a complete explanation and recommendation as to why a warrant should not be issued. The Commission shall consider the report and shall either concur with it, issue a warrant, or take such other action as it may deem appropriate.

C. Pre-Warrant Conference. Before issuance of a retake warrant for an alleged violation of parole, the Commission may, in its discretion, consult with the parole agent, or any other responsible individual to determine whether or not a warrant should be issued.

D. Warrants.

(1) All warrants shall be issued in the manner and form prescribed by the Commission from time to time.

(2) A copy of the warrant shall be furnished the parolee or mandatory releasee at the time of his apprehension and shall set forth with certainty the nature of the alleged violation.

(3) If a parolee or mandatory releasee is already incarcerated on other charges, the warrant shall be filed as a detainer and a copy given to the parolee.

(4) A parolee or mandatory releasee detained by a warrant of the Commission may not be released on bail.

(5) A warrant filed by or for the Commission may not be lifted without prior consent of the Commission.

E. Preliminary Hearings.

(1) A releasee in custody solely as an alleged parole violator shall receive a prompt preliminary hearing before a hearing examiner designated to conduct the hearing. The hearing may be conducted either in the county where the releasee was arrested or the county in which he was residing.

(2) Before the preliminary hearing, the parolee shall be given written notice stating the date and place of the hearing, the purpose of the hearing, fully disclosing the charges alleged as parole violations and informing him of the following:

(a) He shall be allowed to testify in his behalf;

(b) He shall be allowed to call witness in his behalf;

(c) He shall be allowed to cross-examine his accuser or accusers unless disclosure of the identity of the accuser might subject the accuser to risk or harm.

(3) The parolee may waive the formality of a preliminary hearing and request a prompt revocation hearing.

(4) The hearing examiner shall inquire to determine whether there is probable cause or reasonable grounds to believe that a violation of parole has occurred.

(5) The hearing shall be informal without resorting to strict adherence to rules of evidence. The hearing officer shall make a summary of what transpired at the hearing, and make determination of whether there is probable cause to hold the parolee for a revocation hearing.

(6) Withdraw.

(a) Any hearing officer, upon finding probable cause to believe a violation of parole has occurred, may, in his discretion, withdraw the retake warrant and substitute for it a subpoena served by him on the alleged violator requiring the parolee to appear before the Commission at a time certain, then and there to show cause why the parole should not be revoked.

(b) Authority is hereby delegated to the several hearing officers to sign subpoenas on behalf of the Commission.

(c) A warrant may not be so withdrawn unless the hearing officer has determined to his satisfaction that the alleged violator would not constitute a danger to society if allowed to remain at large until the revocation hearing and that the interests of justice would best be served thereby.

(7) Any person who participated in a parole release decision or has supervised the alleged violator on parole is disqualified from conducting a preliminary hearing.

F. Revocation Hearings.

(1) The hearings are conducted as an adversary proceeding and are subject to judicial review. One commissioner is authorized to conduct the hearings.

(2) Scheduling.

(a) A parole revocation hearing shall be held within 60 days after apprehension of the parolee on the parole violation warrant, except that failure to hold the hearing within the 60-day period may not be in contravention of this paragraph if the parole violation warrant is not the sole document under which the parolee is detained or incarcerated. This paragraph may not serve to invalidate the action of the Parole Commission in revoking the parole of an individual if, under all the circumstances, the revocation hearing is held within a reasonable time after the parolee was apprehended and detained for violation of parole under the parole violation warrant.

(b) The Commission may, for good cause shown, postpone a parole revocation hearing.

(3) Counsel. Parolees or mandatory releasees are entitled to counsel of their choice. The Parole Commission shall make an effort to obtain, without cost, counsel to represent indigent parolees or mandatory releasees desiring representation.

(4) Parole Agent. Unless excused for good cause, the supervising agent shall be present at the hearing to report on the activities of the parolee or mandatory releasee and about the circumstances of the alleged violation. He shall be subject to cross-examination.

(5) Witnesses.

(a) Any party to the proceedings may call any witness having pertinent information relative to the parolee's or mandatory releasee's adjustment to parole supervision or to the circumstances concerning the alleged violation.

(b) The Commission shall be notified 5 days in advance of the hearing by the party of intention to produce a witness, giving the identity of the witness. Otherwise, the Commission is not required to recognize the witness.

(c) If witnesses do not appear voluntarily, the Commission may issue subpoenas to compel their appearance, upon timely application therefor.

(6) Transcript.

(a) All parole revocation hearings shall be recorded, and transcripts shall be made available upon suit for judicial review.

(b) If a request for a transcript has not been received within 60 days of the hearing, the Commission may destroy the recording.

(7) Commission Decisions.

(a) The Commission is an administrative body and is not bound by the rules of criminal practice and procedure. Its decisions are based on the evidence produced at the hearing without adhering to formal rules of admissibility. A Commissioner's final decision is based upon the preponderance of the evidence.

(b) A Commissioner may continue the parolee or mandatory supervisee on parole, and release the parolee or mandatory supervisee under the original conditions of parole or with modifications to the original conditions.

(c) If the Commissioner revokes parole the Commissioner may award credit against the original sentence for all or a portion of the period between release and revocation, except as provided in §F(7)(d) of this regulation.

(d) A prisoner may not receive credit for the period between release and revocation if:

(i) The parole or mandatory supervision release is revoked for a prisoner who was on parole supervision for a violent crime which occurred on or after October 1, 1994; and

(ii) The parole or mandatory supervision release is revoked due to a finding that the prisoner committed a violent crime while on parole or mandatory supervision release.

(e) Except as provided in §F(7)(d) of this regulation, an allowance of parole time as credit toward time served is at the absolute discretion of the Commissioner and may be based upon, but not limited to, the following considerations:

(i) The length of time spent on parole;

(ii) The demeanor of the parolee or mandatory supervisee while under supervision;

(iii) The nature of the original offense; and

(iv) The nature of the violation.

(f) Except as provided in §F(7)(d) of this regulation, time spent incarcerated pending trial for a new offense may, at the absolute discretion of the Commissioner, be credited toward time served on parole.

(g) Except as provided in §F(7)(d) of this regulation, time spent incarcerated following the issuance of a parole revocation warrant shall be awarded and credited by the Division of Correction.

(h) If a parolee or mandatory supervisee is allowed partial or no time credit, the unallowed time spent under parole supervision shall be added to the maximum expiration date of the original term of confinement.

(8) Form of Decisions.

(a) The decision of the Commissioner shall be announced at the conclusion of the hearing. In addition, a written decision accompanied by a concise statement of the findings of fact and the determinations of contested issues shall be prepared as soon as practicable after the hearing.

(b) The written decision shall be furnished the alleged violator personally and, in cases of revocation, a copy shall be furnished the correctional authorities.

(9) Parole Rehearings. The Commission may, in its discretion, set a date for a new hearing as part of the revocation order. Consideration for rehearing may be based upon the following:

(a) Technical or Absconder. A date for rehearing may be set at the discretion of the Commission if one year or more remains to be served after credit for good and industrial time is deducted.

(b) Violator.

(i) If the violator receives a new concurrent sentence for a crime that is not a violent crime, the rehearing date may be set no earlier than the completion of 1/4 of the new sentence, unless the Commissioner sets an earlier date.

(ii) If the violator receives a new consecutive sentence for a crime that is not a violent crime, the rehearing date may be set no earlier than 1/4 of the time left to be served on the combined sentences, unless the Commissioner sets an earlier date.

(iii) If the violation is the result of a conviction for a violent crime as defined by Correctional Services Article, §7-101, Annotated Code of Maryland, the violent crime occurred on or after October 1, 1994, and a new concurrent sentence has been imposed, the rehearing date may be set no earlier than the completion of 1/2 of the new sentence, unless the Commissioner sets an earlier date.

(iv) If the violation is the result of a conviction for a violent crime as defined by Correctional Services Article, §7-101, Annotated Code of Maryland, the violent crime occurred on or after October 1, 1994, and a new consecutive sentence has been imposed, the rehearing date may be set no earlier than the completion of 1/2 of the time left to be served on the combined sentences, unless the Commissioner sets an earlier date.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.23 Consideration and Review.

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.

B. Review.

(1) Whenever a parole has been refused or revoked, a written request for a rehearing may be made on behalf of the inmate and shall set forth any new facts, conditions, or circumstances not previously considered by the Commission.

(2) The case shall be referred to the officials participating in the last decisions who, in their discretion, may schedule a rehearing, deny a rehearing, setting forth the details for denial, or schedule the case for en banc consideration.

(3) Any case may be reviewed at the discretion of the Commission at any time upon receipt of new information of significance relative to the possibility of parole.

(4) The participating officials, upon receipt of sufficiently significant information which was not known to them at the time of the parole hearing, in their absolute discretion, may:

(a) Advance, postpone, or deny any parole which has been granted; or

(b) Advance, postpone a scheduled rehearing date, or grant parole in cases where it had previously been denied.

(5) Denial of a granted parole before the inmate's release shall be subject to the following procedure:

(a) Release of the inmate shall be suspended by written notice to the institutional parole agent and to the inmate;

(b) At the next regularly scheduled visit of the Commission to the institution of confinement, a de nova parole hearing shall be conducted and a parole decision rendered.

(6) If the Governor disapproves the Commission's recommendation to parole an inmate serving a life sentence for a crime committed while younger than 18 years old, the Commission shall provide timely written notice to the inmate, and consider the inmate for parole en banc within 18 months of the date of the Governor's decision.

(7) In accordance with §B(6) of this regulation, the Commission shall recommend the inmate for parole unless the Commission finds good cause to deny the inmate parole.

(8) If the Commission denies an inmate parole under §B(7) of this regulation, the Commission shall set forth its reasoning in its written decision.

(9) When the Governor has disapproved the Commission's recommendation to parole an inmate serving a life sentence for a crime committed while younger than 18 years old, two parole commissioners shall, in accordance with §B(6) of this regulation:

(a) Ensure that the written notice of the decision is hand delivered to the inmate;

(b) Explain the decision to the inmate;

(c) Consider the inmate for an explicit recommendation to a less restrictive security level to the extent a positive adjustment at a less restrictive security level can help demonstrate parole suitability;

(d) Provide guidance about what the inmate can do to improve the likelihood of demonstrating suitability for parole at the next parole hearing, and provide specific recommendations as to programming or treatment, as appropriate; and

(e) Notify the inmate of the right to seek judicial review of the decision as permitted by law.

C. Sentence Imposed under Criminal Law Article, §14-101, Annotated Code of Maryland.

(1) An inmate sentenced under the provisions of Criminal Law Article, §14-101, Annotated Code of Maryland, who is at least 65 years old and has served at least 15 years of the sentence imposed may petition for and be granted parole.

(2) The petition shall be in writing and shall be directed to the Chairman.

(3) Upon receipt of the petition the Chairman, by administrative order, shall schedule a consideration of the petition by a panel of two Commissioners.

(4) The panel shall decide whether to grant the petitioner a parole release hearing.

(5) If the panel members fail to agree on granting the petitioner a parole release hearing, the Chairman shall schedule a consideration of the petition by a third member of the Commission. The opinion of the majority shall determine whether the petitioner is granted a parole release hearing.

(6) If the panel does not grant the petitioner a parole release hearing, the petitioner may petition the Commission after 2 years have elapsed from the denial.

(7) If the panel grants the petitioner a parole release hearing, the hearing shall be scheduled and conducted in accordance with Regulations .17—.19 of this chapter.

(8) Parole release hearings conducted under COMAR 12.08.02 shall be open to the public if the victim makes a written request to the Commission for notification when a parole release hearing is scheduled and the victim makes a written request that the parole release hearing be open to the public.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

COMAR 12.08.01.24 Administrative Matters.

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.

E. Office Management. The Chairman of the Commission will prepare and submit reports, supply such information and data as may be required, act as spokesman for the Commission before State agencies and legislative committees and be generally responsible for the administrative work of the Commission, assignments, and the effective performance of the Commission's duties. In doing this, he shall seek the views and collaboration of the members of the Commission.

F. Forms. The Commission shall prepare the necessary forms to implement and effect the pertinent statutes and these regulations.

G. Executive Session. Deliberations of the Commission for the purpose of granting or revoking parole, recommending executive clemency or pardon, shall be conducted privately in executive session. All but commissioners shall be excluded during these deliberations and during the drafting of the decisions.

H. Annual Report. The Commission shall maintain a record of its actions, make an annual report of its work to the Governor, and make such recommendations for the improvement of its functions as may be appropriate.

I. Construction of Rules. These regulations shall be liberally construed to accomplish the purpose of the Parole Commission.

J. Amendments to Regulations. New regulations may be adopted and any regulation may be amended or rescinded by the Commission at a regular or special meeting provided that notice of the proposed adoption, amendment, or recision has been given to all members of the Commission at least 72 hours before the meeting at which action is taken.

K. Availability of Regulations. The regulations of the Commission shall be available to the public at the Department of Public Safety and Correctional Services, Parole Commission, at a reasonable cost which does not exceed the cost of publication.

History

Administrative History: Effective date: September 3, 1975 (2:20 Md. R. 1301)
Administrative History: Amended May 8, 1978 and March 30, 1979
Administrative History: Regulation .22F amended effective June 3, 1985 (12:11 Md. R. 1051)
Administrative History: Regulations .17, .18, .22, and .23 amended as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); amended permanently effective April 24, 1995 (22:8 Md. R. 596)
Administrative History: Regulation .17A, C amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .17C amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A amended effective October 24, 2016 (43:21 Md. R. 1168)
Administrative History: Regulation .18A, C, E amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: Regulation .23B amended effective September 20, 2021 (48:19 Md. R. 802)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.08.01.17A cited in Hanson v. Hughes, 52 Md. App. 246 (1982)
Administrative History: Annotation: COMAR 12.08.01 cited in Simms v. State, 65 Md. App. 685 (1986)
Authority: Correctional Services Article, §§2-109 and 7-207, Annotated Code of Maryland

12.08.02 Open Parole Release Hearings

COMAR 12.08.02.01 Scope.

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.

B. Predetermined parole release under COMAR 12.08.01.20, including Mutual Agreement Program parole releases from the Herman L. Toulson Correctional Boot Camp, are not subject to the public hearing process established by this chapter.

C. All other regulations pertaining to the conduct of parole release hearings under this subtitle apply to open parole release hearings.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Chairman” means the Chairman of the Maryland Parole Commission or a designee.

(2) “Commission” means the Maryland Parole Commission.

(3) “Commissioner” means the Commissioner of Correction or a designee.

(4) “Designated family member” means a relative of a deceased victim who has been designated by the other relatives of the victim to act on their behalf with regard to notification of parole release hearings and requests for an open parole release hearing.

(5) “General public” means a party 18 years old or older interested in an open parole release hearing who is not the victim or the victim's companion.

(6) “Hearing official” means a panel of two or more Parole Commission members, an individual Parole Commission member, or a Parole Commission hearing examiner.

(7) “Open parole release hearing date” means the date on which a parole-eligible inmate who is incarcerated for a violent crime will receive a parole release hearing that is open to the general public.

(8) “Regional open hearing center” means a Division of Correction institution, designated by the Commissioner of Correction, where open parole release hearings will be conducted.

(9) “Tentative parole release hearing date” means the date on which a parole-eligible inmate who is incarcerated for a violent crime is likely to receive either an initial parole release hearing, or a parole release rehearing under Correctional Services Article, §§7-301 and 7-302, Annotated Code of Maryland.

(10) “Victim” means:

(a) An individual who suffers personal harm or death as a direct result of a crime;

(b) If the victim is deceased, a designated family member of the victim; or

(c) If the victim is less than 18 years old, the parent or legal guardian of the individual who suffers personal harm or death as a direct result of a crime.

(11) “Victim's companion” means a person 18 years old or older who has been selected by the victim to accompany the victim to an open parole release hearing.

(12) Violent Crime.

(a) “Violent crime” means, for offenses committed before October 1, 1994, the commission of, or attempt to commit, any of the following offenses:

(i) Abduction;

(ii) Arson in the first degree;

(iii) Burglary, including any common law or statutory form;

(iv) Carjacking or armed carjacking;

(v) Child abuse;

(vi) Escape;

(vii) Housebreaking;

(viii) Kidnapping;

(ix) Manslaughter other than involuntary manslaughter;

(x) Mayhem;

(xi) Murder;

(xii) Rape;

(xiii) Robbery, including robbery with a deadly weapon;

(xiv) Assault with intent to commit any of these crimes; or

(xv) Use of a handgun or other deadly weapon in the commission of, or attempt to commit, any crime.

(b) “Violent crime” means, for offenses committed on or after October 1, 1994, the commission of any of the following offenses:

(i) Abduction;

(ii) Arson in the first degree;

(iii) Assault with intent to murder;

(iv) Assault with intent to rape;

(v) Assault with intent to rob;

(vi) Assault with intent to commit a sexual offense in the first degree;

(vii) Assault with intent to commit a sexual offense in the second degree;

(viii) Burglary in the first, second, or third degree;

(ix) Carjacking or armed carjacking;

(x) Child abuse;

(xi) Kidnapping;

(xii) Manslaughter, except involuntary manslaughter;

(xiii) Mayhem and maiming under Article 27, §§384, 385, and 386, Annotated Code of Maryland;

(xiv) Murder;

(xv) Rape;

(xvi) Robbery;

(xvii) Robbery with a deadly weapon;

(xviii) Sexual offense in the first degree;

(xix) Sexual offense in the second degree;

(xx) Use of a handgun in the commission of a felony or other crime of violence; or

(xxi) An attempt to commit any of the aforesaid offenses.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.03 Requesting an Open Parole Release Hearing.

A. Inmates under the Jurisdiction of the Division of Correction.

(1) An inmate serving a term of confinement that includes a parole-eligible violent offense or offenses shall be scheduled for a tentative parole release hearing date.

(2) A victim who requests notification of the scheduling of a parole release hearing under Correctional Services Article, §7-801, Annotated Code of Maryland, or a victim of child abuse who otherwise requests notification of the scheduling of a parole release hearing, shall be given written notification of the tentative parole release hearing date by the Commission.

(3) The notification shall be sent at least 120 days before the tentative parole release hearing date to the victim's most current address filed with the Commission.

(4) The notification shall state the date of the tentative parole release hearing for an inmate convicted of the commission of a violent crime.

(5) A victim, after the Commission's written notification of the scheduling of a tentative parole release hearing date, may submit to the Commission, in writing, at least 90 days before the tentative parole release hearing date, a request that the parole release hearing be open to the general public under Correctional Services Article, §7-304, Annotated Code of Maryland.

(6) A victim may submit to the Commission the written request for the open parole release hearing at the same time as the written request for notification, if both written requests are submitted to the Commission at least 90 days before the tentative parole release hearing date.

(7) Unless a written request for an open parole release hearing is submitted to the Commission 90 days before the tentative parole release hearing date, the hearing shall be closed to the general public.

(8) It shall be within the discretion of the Chairman to grant or deny a request for an open hearing that is submitted to the Commission less than 90 days before the tentative parole release hearing date.

(9) Once an open hearing is held, a new request for an open parole release hearing is required for any subsequent hearing.

(10) Upon receipt of a victim's written request for an open parole release hearing within the time limits required by this regulation, the Commission shall designate the parole release hearing as a public hearing under Correctional Services Article, §7-304, Annotated Code of Maryland, unless:

(a) A chief law enforcement officer responsible for an ongoing criminal investigation related to the inmate submits:

(i) A written request to the Chairman for a closed parole release hearing,

(ii) An explanation regarding how the ongoing investigation could be compromised if the hearing were open to the general public, and

(iii) The request at least 30 days before the tentative parole release hearing date; and

(b) The Chairman grants the request for a closed hearing.

(11) If the chief law enforcement official's request for a closed hearing is granted, the victim and any other preapproved attendee shall be notified in writing as soon as practicable that the hearing will be closed to the general public.

(12) If written notification is not practicable, notification by telephone or other means may be used.

B. Inmates under the Jurisdiction of a Local Jail or Detention Center.

(1) A victim shall apply under Correctional Services Article, §7-801, Annotated Code of Maryland, for notification that a tentative parole release hearing has been scheduled for the inmate convicted of the commission of the violent crime.

(2) A victim shall request, as set forth in Regulation .03A of this chapter, that the parole release hearing be open to the general public.

Cross References

12.08.02.08A

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.04 Scheduling an Open Parole Release Hearing.

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.

(2) Notification.

(a) After the Commission designates a parole release hearing as open to the general public, the tentative parole release hearing date shall be replaced by the open parole release hearing date.

(b) The open parole release hearing date may be up to 90 days later than the tentative parole release hearing date in order to hold the open parole release hearing at a regional open hearing center.

(c) At least 90 days before the open parole release hearing date, the Commission shall inform the victim in writing of the date, time, and place of the open parole release hearing.

(d) At least 60 days before the open parole release hearing date, the Commission shall inform the Commissioner in writing of the date, time, and place of the open parole release hearing.

(e) Once notified of the date, time, and place of the open parole release hearing, the Division of Correction may not transfer the inmate from the jurisdiction of the regional center serving the facility where the inmate is housed until after the hearing is held, unless the transfer is necessary for institutional security or rehabilitative programming.

(f) If, because of institutional security or rehabilitative programming, it is necessary to transfer an inmate to a facility served by a different regional open hearing center, the inmate shall be returned to the original regional open hearing center for the open parole release hearing.

(3) Location. An open parole release hearing shall be held only at a regional open hearing center designated in §A(1) of this regulation.

B. Inmates under the Jurisdiction of a Local Jail or Detention Center.

(1) Hearing Sites. An open parole release hearing shall be held at the local jail or detention center where the inmate convicted of the violent crime is committed.

(2) Notification.

(a) After the Commission designates a parole release hearing as open to the general public, the tentative parole release hearing date shall be replaced by the open parole release hearing date.

(b) The open parole release hearing date may be up to 90 days later than the tentative parole release hearing date in order to accommodate the scheduling of an open parole release hearing at a local jail or detention center.

(c) At least 90 days before the open parole release hearing date, the Chairman shall inform the victim in writing of the date, time, and place of the open parole release hearing.

(d) At least 60 days before the open parole release hearing date, the Chairman shall inform the warden or superintendent of the local jail or detention center in writing of the date, time, and place of the open parole release hearing.

(e) Once notified of the date, time, and place of the open parole release hearing, the local jail or detention center may not transfer the inmate to a different facility until after the hearing is held, unless the transfer is necessary for institutional security or rehabilitative programming.

(f) If, because of institutional security or rehabilitative programming, it is necessary to transfer an inmate to a different facility, the inmate shall be returned to the original local jail or detention center for the open parole release hearing.

(3) Location. An open parole release hearing shall be held only at the local jail or detention center where the violent offender is committed.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.05 Attendance at an Open Parole Release Hearing.

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.

B. Attendance by the General Public.

(1) A member of the general public shall make written application to the Commission in accordance with Regulation .06 of this chapter to attend an open parole release hearing.

(2) Applications shall be considered in the order that they are received, subject to available seating at the designated regional open hearing center, local jail, or detention center.

(3) The Chairman may consider the applications in some other order if the interest of the victim or the general public requires discretion.

(4) A member of the general public shall be at least 18 years old in order to attend an open parole release hearing.

C. Limitations on Attendance at Open Parole Release Hearings.

(1) The Chairman, after consultation with the Commissioner, shall establish the number of individuals who may attend an open parole release hearing at each regional open hearing center, in accordance with the physical limitations and security requirements of the center.

(2) The Chairman, after consultation with the warden or superintendent of a local jail or detention center, shall establish the number of individuals who may attend an open parole release hearing at each local jail or detention center, in accordance with the physical limitations and security requirements of the facility.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.06 Application by the General Public to Attend an Open Parole Release Hearing.

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.

C. A member of the general public approved to attend an open parole release hearing shall be informed by the Chairman in writing at least 30 days before the open parole release hearing date.

D. The Chairman may disapprove an application to attend an open parole release hearing for any of the following reasons:

(1) Insufficient space at the designated regional open hearing center, local jail, or detention center;

(2) The applicant's attendance may threaten or present a danger to the security of the institution;

(3) The applicant's attendance may threaten or present a danger to other attendees or participants; or

(4) The applicant's attendance may disrupt the hearing.

E. A member of the general public who is not approved to attend an open parole release hearing shall be notified by the Chairman in writing. If written notification is not practicable, notification by telephone or other means may be used.

F. The Commissioner, or the warden or superintendent of a local jail or detention center, shall be informed in writing of the name and date of birth of all approved attendees at least 15 days before the open parole release hearing date.

Cross References

12.08.02.05B(1)

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.07 Admission to an Open Parole Release Hearing.

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.

D. Failure to comply with all established procedures for visitors shall result in the denial of admission to the institution and the open parole release hearing by a representative of either the Commission, the Division of Correction, or the local jail or detention center.

E. After admission to the institution, all attendees shall remain in the waiting area designated by the institution until the inmate's case is called by the hearing official.

F. While in the institution proper or on any adjoining property, walkway, street, or parking lot an attendee shall act in an orderly and responsible manner that does not threaten the security of the institution.

G. Failure to act in an orderly and responsible manner, or failure to follow the reasonable instructions of institutional staff shall result in the denial of admission to the open parole release hearing by a representative of either the Commission, the Division of Correction, or the local jail or detention center.

H. Only the victim, the victim's companion, and preapproved members of the general public shall be admitted to the open parole release hearing.

I. A victim, victim's companion, or preapproved member of the general public may not send a substitute to the open parole release hearing unless the substitution is approved by the Chairman.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.08 Notification to Inmate.

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.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.09 Postponement of an Open Parole Release Hearing by the Commission.

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.

B. The victim, the victim's companion, preapproved members of the general public, the Division of Correction, the local jail or detention center, and the inmate shall be informed as soon as practicable that the open parole release hearing has been postponed, suspended, or cancelled.

C. An open hearing that is postponed, suspended, or cancelled under this regulation shall be rescheduled as soon as practicable as an open parole release hearing.

D. If possible, written notification of the rescheduled hearing date, time, and place shall be provided to the victim, the victim's companion, preapproved members of the general public, the Division of Correction, the local jail or detention center, and the inmate. If the written notification is not possible, notification by telephone or other means may be used.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.10 Conduct of the Open Parole Release Hearing.

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.

C. Observing an Open Parole Release Hearing.

(1) The victim and other attendees may observe the open parole release hearing, but may not provide oral or written testimony at the open parole release hearing.

(2) Under Correctional Services Article, §7-801, Annotated Code of Maryland, the victim, at least 30 days before the open parole release hearing, may:

(a) Make a written recommendation to the Commission on the advisability of releasing the inmate on parole; and

(b) Request that an inmate be prohibited from having any contact with the victim as a condition of parole.

(3) A written recommendation on the advisability of parole, a request for a special condition of parole prohibiting contact by the inmate, or an updated victim impact statement prepared in conformity with Correctional Services Article, §7-801, Annotated Code of Maryland, shall be considered at the parole release hearing by a hearing official.

(4) The victim may request a meeting with a Commission member at the Commission's Executive Offices.

D. An attendee of an open parole release hearing may not:

(1) Film or videotape the hearing;

(2) Record the oral testimony by electronic recording devices or stenographic means; or

(3) Take still photographs.

E. The victim and other attendees may observe the entire open parole release hearing unless a hearing official, by formal action, closes the hearing for any of the following reasons:

(1) To receive oral testimony that, if disclosed to the general public, would violate the doctor/patient privilege; or

(2) To deliberate upon oral testimony and other relevant information received at the parole release hearing.

F. A hearing official may deny admission or continued attendance at an open parole release hearing to a victim or any other attendee who by word, action, or gesture:

(1) Threatens or presents a danger to the security of the institution where the parole release hearing is being held;

(2) Threatens or presents a danger to other attendees or participants; or

(3) Disrupts the parole release hearing.

G. Conclusion of Oral Testimony.

(1) At the conclusion of oral testimony and deliberation, the hearing official conducting the hearing shall announce to the inmate, the victim, and other attendees the outcome of the hearing.

(2) If the open parole release hearing is conducted by a panel of Commission members, the vote of each member shall be announced.

(3) If the parole release hearing is conducted by a hearing examiner or a Commission member acting as a hearing examiner, the hearing examiner's recommendation to the Commission shall be announced.

H. A decision by a panel of Commission members, or recommendation by a hearing examiner to defer a final formal action in the inmate's case pending the receipt of additional information considered necessary by a hearing official, shall be announced.

I. A decision by a panel of Commission members to defer a final formal action in the inmate's case to permit consideration by the Commission en banc shall be announced.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.11 Notification of an Open Parole Release Hearing Decision.

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.

B. A request for a decision that meets the requirements of §A of this regulation shall be answered by the Commission, when possible, in writing within 15 days from receipt of the request.

C. When a final formal action is deferred pending the receipt of additional information, or is deferred by a hearing official to permit consideration of the case by the Commission meeting en banc, the request for the parole decision shall be answered by the Commission, when possible, in writing within 15 days of the date that the final formal action is taken.

D. Decision of Hearing Examiner.

(1) The decision of a hearing examiner or a Commission member acting as a hearing examiner 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.

(2) A hearing examiner's decision to close or restrict access to the parole release hearing may be made without the approval of a Commission member.

(3) All other decisions by a hearing examiner constitute a recommendation to the Commission for a final formal action and are subject to approval or disapproval by the Commission.

(4) The recommendation of a hearing examiner is subject to an appeal under COMAR 12.08.01.19.

(5) If an appeal is filed, the decision of the appellate panel of the Commission shall constitute the final formal action.

(6) A request by the general public for the hearing examiner's recommendation or the final formal action resulting from the hearing examiner's recommendation shall be made as provided in this regulation.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

COMAR 12.08.02.12 Video Conferencing.

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.

History

Administrative History: Effective date:
Administrative History: Regulations .01—.12 adopted as an emergency provision effective November 18, 1994 (21:25 Md. R. 2094); adopted permanently effective April 24, 1995 (22:8 Md. R. 596)
Authority: Correctional Services Article, §7-207, Annotated Code of Maryland

12.09.01 General Regulations

COMAR 12.09.01.01 Definitions.

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.

(b) “Applicant” includes an individual who has been issued a handgun permit and subsequent to issue, the Secretary:

(i) Revoked the individual's handgun permit; or

(ii) Applied new or additional restrictions to the individual's handgun permit.

(2) “Board” means the Handgun Permit Review Board.

(3) “Request for review” means an applicant's request to the Board to consider the circumstances related to the individual's handgun permit that the Secretary, or a designee:

(a) Disapproved;

(b) Issued with restrictions; or

(4) “Secretary” means the Secretary of State Police.

History

Administrative History: Effective date; May 14, 1975 (2:10 Md. R. 760)
Administrative History: Chapter revised effective December 30, 1996 (23:26 Md. R. 1860)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§5-301, 5-302, and 5-312; Annotated Code of Maryland

COMAR 12.09.01.02 Board Membership.

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.

History

Administrative History: Effective date; May 14, 1975 (2:10 Md. R. 760)
Administrative History: Chapter revised effective December 30, 1996 (23:26 Md. R. 1860)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§5-301, 5-302, and 5-312; Annotated Code of Maryland

COMAR 12.09.01.03 Meetings of the Board.

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.

History

Administrative History: Effective date; May 14, 1975 (2:10 Md. R. 760)
Administrative History: Chapter revised effective December 30, 1996 (23:26 Md. R. 1860)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§5-301, 5-302, and 5-312; Annotated Code of Maryland

COMAR 12.09.01.04 Request for Review.

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.

B. Within 10 days of receipt of a request for review, the Chairman, or a designee, shall:

(1) Open a file on the request for review; and

(2) Notify the applicant, in writing, that the Board:

(a) Has received the request for review; and

(b) Shall decide on the request for review within 120 days of the Board's receipt of the request for review.

C. Processing a Request for Review.

(1) Within 30 days of the Board's receipt of the request for review, the Board may request, in writing, that the Secretary, or a designee, provide the Board with information concerning the action taken on the applicant's handgun permit.

(2) Within 90 days of the Board's receipt of a request for review, the Board shall act upon the request by:

(a) Reviewing at a Board meeting, information obtained under §C of this regulation and other information the Board acquires from the applicant or other sources; or

(b) Conducting a hearing.

(3) If the Board elects to conduct a hearing, the Board shall notify the applicant, in writing, at least 10 days before the date of the hearing.

(4) If the applicant fails to appear for a scheduled hearing, the Board may:

(a) Reschedule the hearing once; and

(b) If the applicant fails to appear for the rescheduled hearing, decide on the request for review without the applicant present.

(5) The Board's decision on an applicant's request for review shall be based on requirements under:

(a) Public Safety Article, §5-312, Annotated Code of Maryland; and

(b) COMAR Title 29.

(6) After processing a request for review, the Board may:

(a) Sustain the decision of the Secretary;

(b) Reverse the decision of the Secretary; or

(7) A decision of the Board is based on a majority vote of Board members present at a meeting or hearing.

(8) If the Board is unable to reach a decision by majority vote, the decision of the Secretary stands.

History

Administrative History: Effective date; May 14, 1975 (2:10 Md. R. 760)
Administrative History: Chapter revised effective December 30, 1996 (23:26 Md. R. 1860)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§5-301, 5-302, and 5-312; Annotated Code of Maryland

COMAR 12.09.01.05 Request for Review Hearings.

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. The Board may receive as evidence a statement, document, information, or matter that in the Board's discretion is relevant and of such a nature as to afford a fair hearing.

D. Representation by Counsel.

(1) An applicant may be represented before the Board by an attorney licensed in the State.

(2) An applicant's attorney shall file with the Board, before the attorney's first appearance, a notice of:

(a) Appearance; and

(b) When appropriate, a notice of substitution.

(3) If an applicant designates an attorney and the attorney has filed with the Board a notice of appearance, that notice remains in effect until:

(a) The applicant files with the Board a written revocation of the attorney's authority;

(b) The attorney files with the Board a written statement of withdrawal;

(d) The Board receives notice of the attorney's death or disqualification.

(4) As long as a notice of appearance filed under this regulation is in effect, the Board shall send a copy of a written communication or notice to the applicant's attorney.

E. Hearing Record.

(1) The Board shall record a request for review hearing, but is not required to transcribe the recording unless requested.

(2) An individual requesting a transcript shall pay, in advance, for the cost to transcribe a hearing record.

History

Administrative History: Effective date; May 14, 1975 (2:10 Md. R. 760)
Administrative History: Chapter revised effective December 30, 1996 (23:26 Md. R. 1860)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§5-301, 5-302, and 5-312; Annotated Code of Maryland

COMAR 12.09.01.06 Written Decision of the Board.

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.

B. The Board shall provide a copy of the written decision to:

(1) The Secretary, or a designee; and

(2) The applicant or, if represented by an attorney, the applicant's attorney.

History

Administrative History: Effective date; May 14, 1975 (2:10 Md. R. 760)
Administrative History: Chapter revised effective December 30, 1996 (23:26 Md. R. 1860)
Administrative History: ——————
Administrative History: Chapter revised effective September 8, 2008 (35:18 Md. R. 1600)
Authority: Correctional Services Article, §2-109; Public Safety Article, §§5-301, 5-302, and 5-312; Annotated Code of Maryland

12.10.01 General Regulations

COMAR 12.10.01.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Academy” means a college, school, correctional unit, training unit, or training facility approved or certified by the Commission under this chapter to conduct entrance-level training.

(2) “Addictions counselor” means a mandated employee, a Department of Juvenile Services employee, or an employee of a correctional unit:

(a) Designated by the individual's employer as an addictions counselor;

(b) Performing duties similar to duties of an addictions counselor; or

(i) Individuals under the jurisdiction of a correctional unit; or

(ii) Juveniles under the jurisdiction of the Department of Juvenile Services.

(3) Agency Head.

(a) “Agency head” means:

(i) A warden, a correctional administrator, a sheriff, an individual with an equivalent position, or a designee; or

(ii) An individual appointed, employed, or elected to manage, administer, or supervise a correctional unit, or a designee.

(b) “Agency head” includes the Secretary of Juvenile Services or the Secretary's designee.

(4) “Applicant” means the individual named on the application for certification and for whom the correctional unit is seeking certification.

(5) “Application for certification (AFC)” means a form approved by the Commission that is an official record verifying that an individual has met the applicable Commission selection standards for a mandated position.

(6) “Case management specialist (CMS)” means a Department of Juvenile Services employee who provides case management or treatment services for juveniles under the supervision of the Department of Juvenile Services (DJS).

(7) “Certification” means the legal authority under Correctional Services Article, §8-208, Annotated Code of Maryland, conferred by the Commission authorizing an individual to exercise duties related to the investigation, care, custody, control, or supervision of inmates in the custody or under the supervision of a correctional unit after complying with applicable Commission selection and training standards specified in this chapter.

(8) “Classification counselor” means an employee who provides case management, counseling, or classification services to an inmate in the custody or under the supervision of a correctional facility.

(9) “Commission” means the Correctional Training Commission or a representative authorized to act on behalf of the Commission.

(10) “Controlled dangerous substance” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.

(11) “Correctional officer” has the meaning stated in Correctional Services Article, §8-201, Annotated Code of Maryland.

(12) “Correctional unit” has the meaning stated in Correctional Services Article, §8-201, Annotated Code of Maryland.

(13) “Criminal gang” has the meaning stated in Criminal Law Article, §9-801, Annotated Code of Maryland.

(14) “Department of Juvenile Services employee” has the meaning stated in Correctional Services Article, §8-201, Annotated Code of Maryland.

(15) “Deputy Director” means the Deputy Director for the Police and Correctional Training Commissions, or a designee.

(16) Derogatory Information.

(a) “Derogatory information” means negative information developed during a background investigation or reported to a correctional unit that may adversely affect the ability of an individual to perform the duties of a mandated position.

(b) “Derogatory information” includes, but is not limited to, information related to an individual's membership in a criminal gang.

(17) “Drug dependent person” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.

(18) “Executive Director” means the Executive Director of the Police and Correctional Training Commissions.

(19) “Felony conviction” means an offense classified as such under the law of Maryland, another state, or the United States, including the District of Columbia.

(20) “First-line administrator” means a mandated employee who is promoted to a position that is designated by the correctional unit as exercising first-line administrative authority as defined under Correctional Services Article, §8-201, Annotated Code of Maryland, for a correctional administrator.

(21) “First-line supervisor” means a mandated employee who is promoted to a position that is designated by the correctional unit as exercising first-line supervisory authority as defined under Correctional Services Article, §8-201, Annotated Code of Maryland, for a correctional supervisor.

(22) “Institutional support staff” means a mandated employee who performs one or more of the duties of a correctional officer, but whose primary duties are other than that of a correctional officer, classification counselor, parole and probation agent, or monitor.

(23) “Juvenile Services support staff” means an individual employed by the Department of Juvenile Services who performs one or more of the duties of a Department of Juvenile Services employee, but whose primary duties are other than those of a case management specialist or resident advisor.

(24) “Mandated employee” means an individual required to comply with this chapter.

(25) Mandated Position.

(a) “Mandated position” means a job classification required to comply with this chapter.

(b) “Mandated position” includes a correctional officer, classification counselor, institutional support staff member, parole and probation agent, monitor, case management specialist or resident advisor, and Juvenile Services support staff.

(26) Misdemeanor Conviction.

(a) “Misdemeanor conviction” includes an offense classified as such by the laws of Maryland, another state, or the United States, including the District of Columbia.

(b) “Misdemeanor conviction” does not include a violation of a federal or state motor vehicle code except for:

(i) Vehicle operation resulting in the death of an individual, such as auto manslaughter;

(ii) Unauthorized use or theft of a motor vehicle;

(iii) Driving while intoxicated, under the influence of drugs, or alcohol, or both; or

(iv) Operating a motor vehicle without a license or while a license is suspended or revoked.

(27) “Monitor” means a drinking driver monitor employed by the Division of Parole and Probation.

(28) Moral Turpitude.

(a) “Moral turpitude” means conduct that demonstrates negative characteristics directly related to the individual's fitness or qualification to hold a mandated position.

(b) “Moral turpitude” includes, but may not be limited to:

(i) Conduct demonstrating untruthfulness;

(ii) Conduct demonstrating lack of trust;

(iii) Conduct demonstrating lack of responsibility; or

(iv) Other conduct that may undermine public trust.

(29) “Nonofficer status” means a situation in which a mandated employee, who continues to be employed by a correctional unit in a mandated position, is temporarily relieved of duties by a correctional unit, without any effect on the mandated employee's Commission certification or eligibility for Commission certification or recertification:

(a) For medical or administrative reasons that prevent the mandated employee from completing Commission-required training; or

(b) For the purpose of suspending Commission-required training.

(30) “Offense involving violence” means an offense where the applicant was convicted of a crime involving the application of force or physical violence, the attempt to commit such a crime, or any assault.

(31) “Parole and probation agent” means a Division of Parole and Probation employee who provides case management, supervision, and other programming services to individuals under the supervision of the Division of Parole and Probation.

(32) “Probationary period” has the meaning stated in Correctional Services Article, §8-209(b), Annotated Code of Maryland for probationary appointment.

(33) “Provisional appointment” has the meaning stated in Correctional Services Article, §8-209, Annotated Code of Maryland.

(34) “Resident advisor (RA)” means a Department of Juvenile Services employee who provides custodial services to juveniles under the supervision of the Department of Juvenile Services.

(35) “Training director” means the director of an academy, school, or training unit, or a designee, authorized to act for the agency head in training matters.

Cross References

12.11.07.02B(5)

12.13.03.02B(8)

12.13.03.02B(11)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.02 Processing and Reporting Employment Status.

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.

B. Filing the AFC.

(1) An agency head shall submit the AFC to the Commission within 1 year after the individual has met each applicable selection standard under Regulation .04 or .08 of this chapter.

(2) The Commission:

(a) Shall issue a provisional appointment for the individual in the mandated position after receipt of a properly completed AFC indicating:

(i) The individual has met each applicable Commission selection standard under Regulation .04 or .08 of this chapter; and

(ii) Each applicable Commission selection standard was met within 1 year before the AFC was submitted to the Commission; or

(b) May certify the individual in the mandated position after receipt of a properly completed AFC indicating completion of the requirements under §B(2)(a) of this regulation and mandated employee entrance-level training requirements under Regulation .09 of this chapter.

(3) An individual for whom an agency head has submitted an AFC in a mandated position may not legally exercise the duties of a mandated position until the individual receives a provisional certification from, or is certified by the Commission.

C. Notification of Change in Employment or Certification Status.

(1) An agency head shall notify the Commission in writing when a mandated employee:

(a) Is separated from employment in a mandated position by death, retirement, dismissal, or resignation;

(b) Is transferred to a different type of mandated position within the correctional unit;

(d) Is promoted to a first-line supervisor;

(e) Is promoted to a first-line administrator; or

(f) Is placed on nonofficer status for more than 30 days when that status prevents the mandated employee from meeting the Commission's training requirements.

(2) An agency head shall report a change in a mandated employee's employment status under this section within 30 days of the change in a format or on a form approved by the Commission.

(3) An agency head shall include in the notification required under §C(1) of this regulation:

(a) The mandated employee's name and Commission-assigned identification number;

(b) The date of the action;

(d) In a case of separation from employment with a correctional unit or from a mandated position or placement on nonofficer status, information indicating whether at the time of the separation or placement on nonofficer status the mandated employee was under:

(i) Criminal or administrative investigation;

(ii) Indictment;

(iii) Formal charges;

(iv) Suspension; or

(v) Other similar action.

(4) Criminal Charges.

(a) An agency head shall notify the Commission when a mandated employee:

(i) Is convicted of a felony;

(ii) Is convicted of a misdemeanor punishable by imprisonment for 1 year or more;

(iii) Serves a term of incarceration for a conviction of a misdemeanor offense;

(iv) Serves a term of incarceration as a condition of probation for a felony or misdemeanor criminal offense; or

(v) Is separated from employment with a correctional unit or from a mandated position while criminal charges filed against the employee were pending and any pending charge was a felony or misdemeanor punishable by imprisonment for 1 year or more.

(b) An agency head shall include in the notification required under §C(4)(a) of this regulation information concerning the conviction, term of incarceration, or allegations being reported.

(c) An agency head shall submit the notification under §C(4)(a) of this regulation to the Commission in a format or on a form approved by the Commission within 10 days of the date:

(i) A conviction or term of incarceration under §C(4)(a)(i), (ii), (iii), or (iv) of this regulation became known to the agency head;

(ii) The mandated employee is separated from employment with a correctional unit or a mandated position; or

(iii) A mandated employee is placed on nonofficer status because the individual has been charged with a crime under §C(4)(a)(i) or (ii) of this regulation.

(5) An agency head shall make the notification required under §C(4)(a) of this regulation regardless of the outcome of administrative plea negotiation.

(6) Audit and Records.

(a) The Commission has the legal authority to audit records of reporting requirements, selection standards and training provided according to this chapter.

(b) A correctional unit or academy shall retain records of an individual’s:

(i) Training for a minimum of 3 years from the date the individual completed the training; and

(ii) Selection standards for a minimum of 5 years from the date an application for certification or recertification is submitted on behalf of the individual.

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.03 Provisional Appointment.

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.

C. An individual may not perform the duties of a mandated position under a provisional appointment beyond the individual's probationary period.

D. An individual with a Commission provisional appointment to a mandated position classified as a correctional officer, classification counselor, institutional support staff, parole and probation agent, monitor, case management specialist, resident advisor, or Juvenile Services support staff who changes from the original position to another of these positions shall receive a new provisional appointment in the new mandated position to provide the opportunity to obtain applicable training for the new mandated position required under Regulation .09 of this chapter.

E. A provisional appointment is valid until:

(1) 365 cumulative days have elapsed from the initial date of the provisional appointment;

(2) It is determined that the applicable selection standards have not been met;

(3) The individual has been certified; or

(4) The individual's employment in a mandated position is terminated.

F. A provisional appointment to a mandated position under this regulation may be made for a formerly certified mandated employee who:

(1) Has not been in a mandated position with a correctional unit for over 3 years; and

(2) Meets the appropriate selection standards under Regulation .04 of this chapter.

G. Probationary Period.

(1) After an individual has met the applicable selection standards under Regulation .04 or .08 of this chapter and received a provisional appointment, the Commission shall grant a probationary period of up to 365 days to the mandated employee to perform mandated employee duties while awaiting the opportunity to complete the entrance-level training required under Regulation .09 of this chapter.

(2) The probationary period begins on the first day of the Commission provisional appointment.

(3) The 365-day period is cumulative and may not be lengthened by multiple employments in the same mandated position by different correctional units or periodic employment with the same correctional unit.

(4) If an individual transfers as a new employee in the same mandated position from one correctional unit to another correctional unit before successfully completing the required entrance-level training, the probationary period continues from the date of the first provisional appointment, less any time the individual is not employed in the same mandated position by a correctional unit.

(5) A Commission probationary period for a mandated position under this chapter does not prohibit a correctional unit from imposing a probationary period that may:

(a) Exceed that established by the Commission; or

(b) Be in addition to that imposed by the Commission.

Cross References

12.10.01.07D(2)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.04 Selection Standards for Appointment to a Mandated Position and Documentation Requirements.

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.

B. Citizenship.

(1) An applicant shall:

(a) Be a United States citizen or a resident alien; and

(b) Submit proof of citizenship or resident alien status to the hiring correctional unit.

(2) If the applicant is a resident alien, an agency head shall submit a copy of the applicant's identification card or other official documentation issued by Immigration and Customs Enforcement of the United States Department of Homeland Security with the AFC.

C. Education Requirements.

(1) Correctional Officer, Monitor, or Resident Advisor.

(a) An applicant for a mandated position classified as a correctional officer, monitor, or resident advisor shall possess a:

(i) High school diploma issued by a high school or recognized by the State Board of Education; or

(ii) General Educational Development (GED) certificate or diploma issued by another state or recognized by the State Board of Education.

(b) An agency head may accept a baccalaureate degree from an accredited college or university recognized by the Maryland Higher Education Commission in place of the high school diploma required under §C(1)(a) of this regulation.

(c) In the absence of a copy of a diploma, an agency head may accept a certified transcript indicating that an individual successfully completed the requirements for graduation from a high school or college under §C(1) of this regulation.

(d) If an applicant required to submit proof of education under §C(1)(a) of this regulation received a General Educational Development (GED) certificate or diploma outside Maryland or while in the military service and no certificate or diploma was issued, an agency head may accept a copy of the GED test scores that meet requirements established by the State Board of Education.

(2) Classification Counselor or Parole and Probation Agent. An applicant for a mandated position classified as a classification counselor or parole and probation agent shall possess a baccalaureate degree from an accredited college or university recognized by the Maryland Higher Education Commission.

(3) Institutional Support Staff. An agency head shall establish the educational requirements for a mandated position classified as institutional support staff.

(4) Case Management Specialist (CMS). An applicant for a mandated position classified as a case management specialist shall possess at least:

(a) A baccalaureate degree from an accredited college or university recognized by the Maryland Higher Education Commission; or

(b) An associate of arts degree from an accredited college or university recognized by the Maryland Higher Education Commission and a minimum of 2 years experience providing direct service to delinquent, emotionally disturbed, socially maladjusted, victimized, or exceptional children.

(5) Juvenile Services Support Staff. The Department of Juvenile Services shall establish the educational requirements for a mandated position classified as juvenile services support staff.

(6) Documenting and Reporting Education Requirements.

(a) An agency head shall maintain a copy of an appropriate diploma or other acceptable documentation submitted by the applicant demonstrating that the applicant meets the education requirements for a mandated position under §C of this regulation.

(b) An agency head shall include information indicating that the applicant for employment in a mandated position meets the education requirements under §C of this regulation on the AFC form.

D. Background Investigation and Criminal History Record Check.

(1) An agency head, or a designee, shall perform a background investigation and criminal history record check of an applicant for a mandated position.

(2) An agency head, or a designee, shall include in the criminal history record check a fingerprint check as required under Regulation .05 of this chapter.

E. Physical and Mental Health Examinations.

(1) Physical Examinations.

(a) An agency head shall:

(i) Require that an applicant is examined by a licensed, trained, and qualified medical health care professional; and

(ii) Receive a positive recommendation from the medical health care professional.

(b) To be eligible for certification in a mandated position, the medical health care professional's recommendation shall indicate that the applicant is physically able to:

(i) Perform duties of the mandated position for which the applicant is applying as determined by a correctional unit;

(ii) Participate in the entrance-level training required by the Commission for the mandated position for which the individual is applying; and

(iii) Participate in training required by the correctional unit.

(2) Mental Health Examination.

(a) An agency head shall:

(i) Require that an applicant is examined by a licensed, trained, and qualified mental health care professional; and

(ii) Receive a positive recommendation from the mental health care professional.

(b) To be eligible for certification in a mandated position, the mental health care professional's recommendation shall indicate that the applicant is:

(i) Emotionally and mentally fit; and

(ii) Able to perform duties of the mandated position for which the applicant is applying as determined by a correctional unit.

(3) Certification of Medical and Mental Health Examination Results.

(a) An agency head shall provide the following information concerning an applicant's medical and mental health examination with the AFC:

(i) The names of the licensed medical and mental health care professionals performing the examinations; and

(ii) The date the medical and mental health examinations were performed.

(b) An agency head shall retain and maintain documentation concerning an applicant's medical and mental health examinations according to statutory and regulatory requirements.

F. Oral Interview.

(1) An agency head, or a designee, shall:

(a) Require that an applicant for a mandated position participates in an oral interview to assess the applicant's ability to communicate; and

(b) Include the name of the individual conducting the oral interview and the date of the interview on the AFC.

(2) An agency head, or a designee, shall maintain a record of the interview.

G. Drug Screening.

(1) An agency head shall require that an applicant for a mandated position submits to a drug screening to test for controlled dangerous substances, narcotic drugs, and marijuana according to Regulation .21 of this chapter.

(2) The agency head, or a designee, shall maintain a record of the drug screening test results and include the drug screen test results on the AFC.

(3) If the drug screening test results exceed the levels specified under Regulation .21of this chapter, the Commission may not certify the individual in the mandated position, unless the positive drug screening test for a controlled dangerous substance, narcotic drug, or marijuana is determined to be the result of a legitimate ingestion or exposure as provided under Regulation .21 of this chapter.

H. This regulation does not prohibit an agency head from establishing more restrictive standards than Commission standards for certifying an individual in a mandated position.

I. An agency head may submit a request for a waiver of the minimum standards under this regulation according to requirements under Regulation .19 of this chapter.

Cross References

12.10.01.03F(2)

12.10.01.06A(1)

12.10.01.08B(5)

12.10.01.13B(1)

12.10.01.13B(2)

12.10.01.13B(3)

12.10.01.15B(1)(e)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.05 Background Investigation and Criminal History Record Checks.

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;

(d) Has, at any time, been a member of a criminal gang.

(2) An agency head shall ensure that a background investigation includes:

(a) A check of military records, when applicable, including obtaining a complete copy of discharge documents;

(b) A report from a credit agency regarding current and past credit history;

(c) Examination of school records or interviews with school officials if the applicant attended a school within the last 5 years;

(d) Interviews of:

(i) Personal references;

(ii) Neighbors within the last 5 years;

(iii) Current and past employers within the last 5 years; and

(iv) Coworkers within the past 5 years;

(e) An investigation for prior use of controlled dangerous substances, narcotic drugs, and marijuana as specified under Regulation .22 of this chapter; and

(f) A search for information related to an applicant that is reported by the following criminal gang database systems:

(i) GangNet;

(ii) RISSNET; or

(iii) Other criminal gang database systems approved by the Commission.

(3) An agency head shall use a background investigation to determine whether:

(a) Information concerning the applicant's citizenship, mental and emotional fitness, and other information is accurate;

(b) The applicant is capable of performing duties of the mandated position; and

(4) Interviews may be conducted:

(a) In person;

(b) By telephone;

(c) By using a correctional unit form or questionnaire that the interviewer or individual interviewed is required to complete; or

(d) By other lawful methods designed to elicit useful information from a person concerning the applicant.

(5) Personal Interview.

(a) The Commission considers a personal interview appropriate when the individual to be interviewed is within 50 miles of the correctional unit.

(b) Interviews with personal references and others not residing in Maryland may be conducted by correspondence or telephone.

(6) Out-of-State Applicant.

(a) If an applicant has resided or been employed in another state, an agency head:

(i) May permit the background investigation to be performed by a law enforcement agency or a legitimate private background investigation agency in the area where the applicant lived or worked outside of the State; and

(ii) Shall ensure that a search for information related to an applicant is conducted using a reliable criminal gang database system in the state where the applicant resided or was employed.

(b) If an applicant was employed in a mandated position for the federal government or another state, an agency head shall include the following information on the AFC:

(i) The name of the federal or state organization employing the applicant in a mandated position; and

(ii) Information received from the previous out-of-State federal or state employer concerning the applicant.

(7) Investigations By Other Agencies. The hiring agency head may conduct the Commission-required background investigation or may authorize another individual, office, or agency to conduct the Commission-required background investigation.

(8) An agency head, or a designee, submitting an AFC for an applicant shall:

(a) Maintain a record of the applicant's background investigation; and

(b) Include the result of the background investigation on the AFC.

(9) Derogatory Information.

(a) If derogatory information is discovered during the background investigation, an agency head shall submit details with the AFC.

(b) The Commission may refuse to certify an applicant in a mandated position based upon derogatory information.

B. Criminal History Record Checks and Fingerprints.

(1) An agency head submitting an AFC for an applicant to be certified as a correctional officer or Department of Juvenile Services employee shall require that the applicant:

(a) Be fingerprinted; and

(b) Apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services for a State and national criminal history records check.

(2) An applicant applying for a criminal history records check under this section shall request the results of the criminal history records check be provided to the:

(a) Applicant;

(b) Commission; and

(3) Record of Criminal Conviction.

(a) The Commission shall include with the Commission’s records for the applicant’s AFC results of the criminal history records check that reveal an applicant has:

(i) Been convicted or otherwise found guilty of a felony;

(ii) Been convicted or otherwise found guilty of a misdemeanor for which a sentence of imprisonment of 1 year or more may be imposed;

(iii) Served a term of incarceration for a conviction of a misdemeanor offense; or

(iv) Served a term of incarceration as a condition of probation for a felony or misdemeanor criminal offense.

(b) The Commission may not certify an applicant in a mandated position if the applicant has a conviction for an offense under Regulation .20 of this chapter.

(4) The Commission shall notify the applicant that the applicant may contest the contents of the criminal history records check results as provided under Criminal Procedure Article, Title 10, Annotated Code of Maryland.

(5) The Commission may refuse to certify the applicant based on derogatory information resulting from the criminal history records check or other verified reliable source.

Cross References

12.10.01.04D(2)

12.10.01.08B(1)

12.10.01.08E(3)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.06 Certification of a Mandated Employee.

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.

B. Mandated Employee Period of Certification.

(1) The Commission shall determine the period of certification for a mandated employee.

(2) A mandated employee's certification is valid for the period determined by the Commission or until the employee:

(a) Is separated from employment;

(b) Does not meet the Commission's standards;

(d) Is transferred from one mandated position to another mandated position with different selection or training requirements that the individual has not met.

C. Mandated Employee Certification—Renewal.

(1) The Commission shall establish a schedule for renewing mandated employee certification.

(2) The Commission shall renew a mandated employee's certification if the individual meets the Commission's annual training requirements under Regulation .16 of this chapter.

(3) If a mandated employee is not eligible for certification renewal under §C(2) of this regulation, at least 30 days before the end of the current certification the Commission shall:

(a) Notify the mandated employee's agency head of the date that the current mandated employee's certification will end; and

(b) Request the agency head to supply information that may affect the mandated employee's eligibility for certification renewal.

(4) If notified under the provisions of §C(3)(a) of this regulation, the agency head shall notify the affected mandated employee of the date the certification ends before the date the employee's certification ends.

D. Mandated Employee Certification—Lapse.

(1) A mandated employee's certification lapses on the date recorded on the certification card if it has not been renewed under §C of this regulation.

(2) An agency head may not permit a mandated employee to perform the duties of a mandated position if the mandated employee's certification has lapsed.

(3) If the mandated employee's certification has lapsed because the mandated employee did not meet the Commission's annual training standards, the mandated employee may request a hearing before the Commission to show that the mandated employee was not at fault and that:

(a) The employer did not provide the mandated employee with the required training; or

(b) The mandated employee's duty assignment prevented the individual from attending or completing the required training.

(4) If a hearing is requested under §D(3) of this regulation, the Commission shall conduct the hearing according to procedures under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(5) If a hearing is conducted and the Commission determines that the mandated employee was not at fault because a condition under §D(3)(a) or (b) exists:

(a) The Commission shall extend certification to provide the opportunity for the mandated employee and the employer to meet the Commission's training requirements;

(b) The agency head shall continue to employ the mandated employee at the employee's established pay rate, regardless of the duties assigned, pending completion of required training; and

E. Mandated Employee Recertification. The Commission shall recertify an individual formerly certified as a mandated employee in Maryland after the individual meets the applicable selection and training standards under Regulation .07 of this chapter.

F. Certification Card.

(1) The Commission shall issue a certification card to an individual who has met the Commission's certification requirements for a mandated position.

(2) The Commission shall determine the format and contents of the certification card.

(3) The certification card indicates that the individual is authorized to perform the duties of the mandated position.

(4) The mandated employee's agency head:

(a) Is responsible for the cost of replacing an issued, current certification card; and

(b) May require a mandated employee to reimburse the agency for the cost of replacement.

(5) A mandated employee shall, to the extent possible, possess a valid certification card while the mandated employee is on duty.

(6) A certification card issued by the Commission:

(a) Lapses at midnight on the date printed on the card;

(b) Remains the property of the Commission; and

(c) Shall be returned, by an agency head, to the Commission when an individual is no longer employed as a mandated employee.

(7) An agency head shall return a mandated employee's certification card, removed from the individual under §F(6)(c) of this regulation, to the Commission within 30 working days of the date the individual is no longer employed as a mandated employee.

(8) An agency head shall retain the certification card of a mandated employee on nonofficer status until the individual:

(a) Returns to active duty; or

(b) Is no longer employed in a mandated position.

G. Department of Juvenile Services Contractor Employee Selection, Training Standards, and Certification Requirements.

(1) An employee of a nonprofit or for-profit organization (contractor) under contract with the Department of Juvenile Services performing duties equivalent to those performed by a Department of Juvenile Services employee in a mandated position shall meet the same selection and training standards and certification requirements as the Department of Juvenile Services mandated employee.

(2) If the contractor under §G(1) of this regulation changes or the Department of Juvenile Services assumes responsibility for the services previously provided by a contractor, mandated employee certification for a contractual employee shall continue under a new contractor or the Department of Juvenile Services if the employee:

(a) Continues employment under the new contractor or the Department of Juvenile Services without a break in service that exceeds 30 days;

(b) Continues to perform the same duties and responsibilities of the mandated position for which the employee is certified;

(c) Under the new employer, continues to perform duties at a facility formerly under the authority of the previous contractor; and

(d) Continues to meet Commission training and certification requirements for the mandated position.

Cross References

12.10.01.17D(3)

12.10.01.23D

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.07 Recertification Requirements.

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.

B. Recertification. The Commission may grant a provisional certification to an applicant who has received a previous provisional certification to a mandated position but was not certified by the Commission in that mandated position after the applicant met the recertification standards for the mandated position under Regulation .08 of this chapter.

C. Recertification to a Mandated Position Within 3 Years of Separation.

(1) The Commission may recertify an applicant previously certified by the Commission in a mandated position without requiring the applicant to meet Commission entrance-level training requirements under Regulation .09 of this chapter if the applicant:

(a) Has been separated from a correctional unit for less than 3 years;

(b) Receives a provisional certification at a new or the same correctional unit in the same mandated position;

(d) Meets Commission training requirements under §C(2) of this regulation.

(2) Training Requirements for Mandated Employee Recertification.

(a) In-Service Training.

(i) If an applicant has met the in-service training requirements for the current or previous calendar year, additional in-service training is not required for recertification in the same mandated position.

(ii) If an applicant has not met the in-service training requirements for the current or previous calendar year, the applicant shall successfully complete in-service training required under Regulation .16 of this chapter for the mandated position before recertification.

(b) Firearms Training and Qualification — Recertification Requirements.

(i) A mandated employee required to carry or use a firearm shall complete firearms training and qualification requirements under Regulation .16 of this chapter with each firearm that the individual is authorized to carry or use before the individual is permitted to carry or use the firearm.

(ii) An applicant is required to meet firearms training and qualification requirements under Regulation .16 of this chapter before recertification regardless of firearms training and qualifications completed at a previous correctional unit.

D. Recertification to a Mandated position After 3 Years of Separation.

(1) The Commission may recertify an applicant in a mandated position who has been separated from employment at a correctional unit in a mandated position for 3 years or more and the applicant is reemployed at the same or a new correctional unit after the applicant:

(a) Meets Commission recertification standards under Regulation .08 of this chapter; and

(b) Successfully completes:

(i) Entrance-level training under Regulation .09 of this chapter for the mandated position; and

(ii) If the applicant is required to carry or use a firearm, entrance-level firearms training and qualification for each firearm the applicant is required to carry or use according to requirements under COMAR 12.10.04.

(2) The Commission may grant an applicant under this regulation a new provisional certification under Regulation .03 of this chapter to provide an opportunity to complete the required training.

Cross References

12.10.01.06E

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.08 Standards for Recertification.

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

(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.

C. Required Additional Information for Certain Applicants. If an applicant for recertification has not been employed in a mandated position at a correctional unit for the last 90 days or more before filing an AFC for recertification, in addition to information required under §B of this regulation, the agency head, or a designee, shall conduct a modified background investigation for the period that the applicant was not employed in a mandated position at a correctional unit that includes obtaining information related to the applicant through:

(1) A check with each employer during the applicant's absence from mandated duties and responsibilities;

(2) A check with the applicant's coworkers during the applicant's absence from mandated duties and responsibilities; and

(3) Interviews of personal references and neighbors provided by the applicant for the most recent period of the applicant's absence from mandated duties and responsibilities.

D. An agency head, or a designee, shall:

(1) Complete an AFC to verify that applicable selection standards have been met; and

(2) Forward, to the Commission, the completed AFC along with criminal history record check and derogatory information discovered during the background investigation.

E. Review of Previous Background Investigations.

(1) An agency head, or a designee, submitting an AFC for recertification shall review the background investigation conducted by the applicant's previous agency head to ensure that a complete and accurate investigation was performed.

(2) The agency head, or a designee, submitting an AFC for recertification is responsible for correcting any omission or discrepancy in a prior background investigation that was conducted in conjunction with an AFC submitted to the Commission by an agency head less than 5 years from the date of the applicant's AFC for recertification.

(3) If records of a previous background investigation are not available, the agency head, or a designee, submitting an AFC for recertification shall conduct a full background investigation according to requirements under Regulation .05 of this chapter.

Cross References

12.10.01.07A(3)(a)

12.10.01.07B

12.10.01.07C(1)(c)

12.10.01.07D(1)(a)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.09 Minimum Standards for Mandated Employee Entrance-Level Training.

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.

(2) The Commission may not permit hours used to meet entrance-level firearms training and qualification requirements under COMAR 12.10.04 or field training requirements under Regulation .23 of this chapter as part of the minimum hours of entrance-level training specified for each mandated position in this regulation, regardless of whether the activity is conducted contemporaneously with or separate from the entrance-level training.

C. Correctional Officer and Classification Counselor — Entrance-Level Training Requirements.

(1) Commission-approved entrance-level training for a mandated position classified as a correctional officer or classification counselor is a minimum of 160 hours.

(2) Commission-approved entrance-level training for a mandated position classified as a correctional officer or classification counselor shall include the following subject areas:

(a) Administrative procedures;

(b) Introduction to corrections;

(d) Security, custody, and control of inmates; and

(e) Discipline of inmates.

D. Institutional Support Staff — Entrance-Level Training Requirements.

(1) Commission-approved entrance-level training for a mandated position classified as institutional support staff requires an individual to successfully complete entrance-level training:

(a) Required under §C of this regulation; or

(b) Required under §D(2) of this regulation.

(2) Commission-approved entrance-level training for a mandated position classified as institutional support staff is a minimum of 88 hours and shall include the subject areas required under §C(2) of this regulation.

E. Parole and Probation Agent — Entrance-Level Training Requirements. Commission-approved entrance-level training for a mandated position classified as a parole and probation agent is a minimum of 204 hours and shall include the following subject areas:

(1) Program orientation and evaluation;

(2) Introduction to corrections;

(3) Supervision tasks;

(4) Investigation tasks; and

(5) Enforcement tasks.

F. Parole and Probation Drinking Driver Monitor — Entrance-Level Training Requirements. Commission-approved entrance-level training for a mandated position classified as a parole and probation agent drinking driver monitor is a minimum of 90 hours and shall include the following subject areas:

(1) Program orientation and evaluation;

(2) Introduction to corrections;

(3) Administrative tasks;

(4) Monitoring tasks; and

(5) Enforcement tasks.

G. Resident Advisor — Entrance-Level Training Requirements. Commission-approved entrance-level training for a mandated position classified as a resident advisor is a minimum of 160 hours and shall include the following subject areas:

(1) Juvenile services in the criminal justice system;

(2) Human growth and development;

(3) Laws and regulations;

(4) Facility admissions and orientation;

(5) Custody and control;

(6) Transportation;

(7) Integrated case management;

(8) Documentation;

(9) Safety and security;

(10) Youth gang awareness and interventions; and

(11) First aid.

H. Case Management Specialist — Entrance-Level Training Requirements. Commission-approved entrance-level training for a mandated position classified as a case management specialist is a minimum of 160 hours and shall include the following subject areas:

(1) Juvenile services in the criminal justice system;

(2) Human growth and development;

(3) Laws and regulations;

(4) Community intake;

(5) Transportation;

(6) Integrated case management;

(7) Counseling;

(8) Documentation;

(9) Safety and security;

(10) First aid; and

(11) Youth gang awareness and interventions.

I. Juvenile Services Support Staff — Entrance-Level Training Requirements. Commission-approved entrance-level training for a mandated position classified as juvenile services support staff is a minimum of 120 hours and shall include the following subject areas:

(1) Juvenile services in the criminal justice system;

(2) Human growth and development;

(3) Laws and regulations;

(4) Transportation;

(5) Integrated case management;

(6) Documentation;

(7) Safety and security;

(8) First aid; and

(9) Youth gang awareness and interventions.

Cross References

12.10.01.02B(2)(b)

12.10.01.03D

12.10.01.03G(1)

12.10.01.06A(2)

12.10.01.07C(1)

12.10.01.07D(1)(b)(i)

12.10.01.12B(1)

12.10.01.12B(2)

12.10.01.19C(1)(b)

12.10.05.03D(1)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.10 Commission Mandated Employee Entrance-Level Training Performance Objectives.

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.

B. The Commission shall furnish a copy of the performance objectives upon request by a correctional unit, academy, or school.

C. An agency head or training director, or a designee, providing Commission-approved mandated employee entrance-level training shall:

(1) Cover the Commission performance objectives during Commission-approved entrance-level training exactly as written by the Commission; and

(2) Determine the sequence, content, and duration of training to cover the Commission's performance objectives.

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.11 Successful Completion of Commission-Approved Mandated Employee Entrance-Level Training.

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.

C. An individual attending Commission-approved entrance-level training for certification in a mandated position shall achieve a score of 75 percent on each test or demonstration to be eligible for certification by the Commission in the mandated position.

D. An individual attending Commission-approved entrance-level training for certification in a mandated position who is absent for more than 10 percent of the training may not be certified by the Commission unless the academy director determines that the individual has completed sufficient work.

E. A training director of an academy conducting Commission-approved entrance-level training for certification in a mandated position may require the individual attending to meet entrance-level training requirements, standards, and objectives that exceed entrance-level training requirements, standards, and objectives required by the Commission.

F. Once an individual completes Commission-approved mandated employee entrance-level training, the training director, or a designee, shall:

(1) Report to the Commission, in a format determined by the Commission, the results of each individual attending the training for certification in a mandated position; and

(2) Maintain records of the tests and testing procedures for each individual attending the training.

G. Failure to Successfully Complete Mandated Employee Entrance-Level Training.

(1) If an individual attending Commission-approved mandated employee entrance-level training does not meet the requirements for successful completion of the training:

(a) The training director, or a designee, shall notify the individual's agency head; and

(b) The Commission may not certify the individual in the applicable mandated position.

(2) An agency head may request in writing that the Deputy Director permit an individual who does not successfully complete Commission-approved entrance-level training for certification in a mandated position to attend one additional Commission-approved entrance-level training to attempt to meet the Commission's requirements for entrance-level training for the same mandated position.

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.12 Alternate Entrance-Level Training Requirements.

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;

(d) Other community residential program for offenders.

B. An individual described under §A of this regulation shall successfully complete Commission-approved entrance level training according to requirements under either:

(1) §C under Regulation .09 of this chapter; or

(2) §D under Regulation .09 of this chapter and 100 hours of training meeting requirements of §C of this regulation.

C. The 100 hours of training required under §B(2) of this regulation:

(1) May be developed by the individual's employing agency;

(2) Shall be approved by the Commission; and

(3) Shall, at a minimum, include the following subject areas:

(a) Orientation to and a tour of the correctional unit or community program;

(b) The correctional unit's or community program's:

(i) Mission;

(ii) Policy and procedures;

(iii) Staffing; and

(iv) Resident population or program participants;

(d) Either:

(i) The American Red Cross basic first aid and safety program; or

(ii) Another first aid and safety program approved by the Commission.

D. An employer of an individual required to meet entrance-level training requirements under this regulation shall:

(1) Forward to the Commission, in a form or in a format provided by the Commission, information concerning an employee's entrance-level training required under this regulation; and

(2) Maintain records of each employee's successful completion of entrance-level training under this regulation for audit by the Commission.

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.13 Minimum Standards for Attending an Academy Providing Commission-Approved Mandated Employee Entrance-Level Training.

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.

C. Entrance-Level Firearms Training.

(1) A mandated employee authorized to use a firearm shall successfully complete the entrance-level firearms training program under COMAR 12.10.04 before being issued or permitted to carry a firearm.

(2) A firearms program may be taken as part of an entrance-level training program or taken separately.

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.14 Commission Certification Requirements for an Academy Providing Commission-Approved Mandated Employee Training.

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.

B. General Requirements. An academy seeking certification to provide Commission-approved mandated employee training shall submit a request to the Commission documenting that the academy:

(1) Has a need to conduct Commission-approved mandated employee training;

(2) Is in compliance with Commission standards for instructors and curricula;

(3) Provides an atmosphere that supports learning;

(4) Provides suitable lighting, ventilation, and acoustic qualities;

(5) Meets applicable federal, State, and local health, safety, and fire safety laws and regulations;

(6) Has a physical structure that if practical provides:

(a) At least 25 square feet of classroom space for each individual attending;

(b) Locker space for each individual attending;

(d) Storage for learning and training materials; and

(e) Instructional and training equipment and material to support the training provided;

(7) Has adequate space for skills training and conducting practical exercises; and

(8) Has an instructor certified by the Commission or the Police Training Commission to conduct Commission-approved mandated employee training, unless the individual providing the training is exempt under COMAR 12.10.06 or COMAR 12.04.06 from instructor certification requirements.

C. Commission certification of an academy under this regulation is not an exemption from Commission requirements for Commission approval of training provided by the academy under Regulations .09 and .16 of this chapter.

D. Individuals Attending Commission-Approved Training.

(1) If an individual is attending Commission-approved mandated employee training that is required by the Commission for the mandated position, the individual's agency head, or a designee, shall:

(a) Excuse the individual from performing assigned duties and responsibilities during the training; and

(b) Compensate the individual at the individual's appropriate salary while attending the training.

(2) The training director of an academy providing the Commission-approved mandated employee training required by the Commission for a mandated position is responsible for the personal conduct of each individual attending the training.

(3) The training director, or a designee, is the commanding official or supervisor for each individual attending the training.

(4) The training director shall provide each individual attending the Commission-approved mandated employee training a copy of the academy's rules and regulations governing the individual's daily conduct while attending the training.

(5) The disciplinary rules or regulations of the academy apply to each individual attending training.

(6) A training director shall notify an individual's agency head if, while at the academy:

(a) The individual commits a breach of conduct that requires disciplinary action; or

(b) The individual's progress in Commission-required subject areas indicates the individual is failing the Commission-approved mandated employee training required by the Commission.

(7) An agency head of an individual failing Commission-approved mandated employee training required by the Commission may withdraw the individual from the training at any time before completing the training.

(8) A training director and the agency head sending the individual to the academy may negotiate arrangements for reimbursement of costs associated with the individual attending the academy.

(9) An individual not employed in a mandated position may voluntarily enroll in an academy to participate in Commission-approved mandated employee training required by the Commission if the individual meets the selection standards specified under Regulation .15 of this chapter.

E. Academy Authority.

(1) An academy certified by the Commission may provide Commission-approved mandated employee:

(a) Entrance-level training;

(b) In-service training;

(d) Administrator training;

(e) Instructor training;

(f) Firearms training and qualification; or

(g) Other required training.

(2) A training director may establish rules of conduct for the academy that exceed Commission requirements under this regulation.

(3) A written academy rule or lawful verbal direction or order issued by a Commission-certified academy representative has the same authority as a Commission requirement or standard.

(4) A training director may establish academy requirements for successful completion that exceed Commission requirements.

F. Academy Certification Lapse or Revocation.

(1) Certification Lapse.

(a) Commission certification for an academy shall lapse if the academy does not conduct Commission-approved training for a period of 2 years.

(b) An agency head or training director may apply for the academy’s recertification if the agency head or training director can demonstrate the need for the academy to conduct Commission-approved mandated employee training required by the Commission.

(2) Academy Certification Revocation. The Commission may revoke an academy's certification if the academy:

(a) Discontinues presenting Commission-approved training;

(b) Conducts Commission-approved training without Commission-certified instructors providing the training;

(c) Demonstrates a pattern of deficiencies identified by audits or fails to correct identified deficiencies following an audit;

(d) Training director does not successfully complete the training director orientation program under §H of this regulation; or

(e) Violates a provision of this regulation.

G. Academy Audit.

(1) Commission-approved mandated employee training provided by an academy is subject to review and audit by the Commission.

(2) The Commission shall audit a Commission-certified academy providing Commission-approved mandated employee training required by the Commission at least every 2 years.

(3) An agency head or training director responsible for an academy shall correct deficiencies identified during an audit according to requirements established by the Commission and recorded in the Commission's audit report.

H. Training Director Orientation. An individual appointed as a training director of a Commission-certified academy, within 3 months of appointment, shall successfully complete a training director orientation program designed and approved by the Commission.

Cross References

12.04.06.18B(1)

12.04.06.18E(1)

12.10.06.01B(14)(a)

12.10.06.01B(23)

12.10.06.03A(2)(b)

12.10.06.03B(1)

12.10.06.07A

12.10.06.12A(2)

12.10.06.12A(3)

12.10.06.13B(2)

12.10.06.16B(1)

12.10.06.16E(1)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.15 Voluntary Attendance — Commission-Approved Mandated Employee Entrance-Level Training.

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.

B. Standards for Voluntary Attendance — Commission-approved Mandated Employee Entrance-Level Training.

(1) An individual who is not an applicant for or employed in a mandated position requesting to voluntarily attend Commission-approved mandated employee entrance-level training shall:

(a) Meet selection standards established for the academy conducting the Commission-approved mandated employee entrance-level training;

(b) Authorize the training director to conduct a records check of the National Criminal Information Center;

(c) Submit to a medical examination conducted by a licensed health care professional and receive written certification from the licensed health care profession that the individual is physically able to participate in the Commission-approved mandated employee entrance-level training;

(d) Be 18 years old or older at the time the individual enters the academy;

(e) Receive from the training director a copy of the selection standards for the mandated position under Regulation .04 of this chapter; and

(f) Acknowledge an understanding, in writing, that successful completion of the Commission-approved mandated employee entrance-level training does not guarantee Commission certification in a mandated position.

C. An agency head hiring an individual for a mandated position may request a waiver, according to Regulation .19 of this chapter, of the Commission-approved mandated employee entrance-level training requirement, if the individual, before applying for the mandated position, voluntarily attended and successfully completed Commission-approved mandated employee entrance-level training for the mandated position within 2 years of being hired by the agency head.

Cross References

12.10.01.14D(9)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.16 Mandated Employee In-Service Training and Firearms Training and Qualification.

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.

B. Mandated Employee Firearms Training and Qualification Requirements.

(1) A mandated employee, authorized to carry or use a firearm, shall complete Commission-approved firearms training and qualification under COMAR 12.10.04 during each calendar year.

(2) The Commission does not require a mandated employee required to carry or use a firearm to complete firearms training and qualification under this regulation if, in the same calendar year, the mandated employee successfully completes Commission-approved:

(a) Entrance-level firearms training and qualification with the same firearm;

(b) Firearms instructor training and qualification under COMAR 12.10.04 for the same firearm;

(d) Firearms conversion training and qualification under COMAR 12.10.04 for the same firearm.

C. Mandated Employee In-Service Training and Firearms Training and Qualification Approval.

(1) The Commission shall:

(a) Determine the format for submitting training for approval; and

(b) Assign a program number to approved training.

(2) Training is not approved until the Commission assigns a program number.

(3) A request for the Commission to approve training shall:

(a) Include the topics to be studied;

(b) Include the time allocated to each topic;

(d) Identify each instructor providing training on a specific subject and the number of hours that the instructor is scheduled to provide the training on the subject; and

(e) Unless the Commission instructs otherwise, be submitted to the Commission at least 20 working days before the training is scheduled to begin.

(4) Only an instructor certified by the Commission or the Police Training Commission may conduct Commission-approved training unless the individual providing the training is exempt under COMAR 12.04.06 or 12.10.06 from instructor certification requirements.

(5) Except for provisions under §C(6) of this regulation, the Commission may approve mandated employee training for a period of 3 years.

(6) The agency head or training director of a correctional unit, agency, academy, or school conducting Commission-approved mandated employee training shall submit training to the Commission for approval:

(a) When a significant change is made in the format or content of Commission-approved training; or

(b) After the period of approval established by the Commission has expired.

D. Curriculum, Attendance, and Testing for Mandated Employee In-Service Training, Firearms Training and Qualification.

(1) The agency head or training director shall report a mandated employee's successful completion of Commission-approved in-service training to the Commission on or before January 31 of the year immediately following the training.

(2) The agency head or training director shall report in-service training information in a format determined by the Commission.

(3) Testing.

(a) An agency head or training director providing Commission-approved mandated employee training shall test each mandated employee attending Commission-approved mandated employee training to determine successful completion.

(b) A mandated employee shall achieve a minimum test score of 70 percent on each test before the Commission may apply the training to the mandated employee's training requirements under this regulation.

(4) The Commission requires that an agency head or training director providing Commission-approved mandated employee training establishes a method to evaluate the training provided.

(5) If a mandated employee is absent for more than 10 percent of the time required for a Commission-approved annual in-service training program, including electronic control device and firearms training and qualification, the employee may not receive credit toward the annual in-service training requirements of this chapter for any portion of the program, unless the Deputy Director approves the individual to receive full or partial credit.

E. Attending Training Hosted by Other Agencies.

(1) An agency head or training director responsible for training a mandated employee may send the individual to Commission-approved mandated employee training hosted by another agency without prior Commission approval.

(2) An agency head or training director responsible for training a mandated employee who sends the mandated employee to another agency for Commission-approved training shall:

(a) Ensure that the training has been assigned a program number by the Commission; and

(b) Submit the mandated employee's training information to the Commission.

Cross References

12.10.01.06C(2)

12.10.01.07C(2)(a)(ii)

12.10.01.07C(2)(b)(i)

12.10.01.07C(2)(b)(ii)

12.10.05.01B(1)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.17 Failure to Complete Commission-Required Mandated Employee In-Service Training and Firearms Training and Qualification.

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.

B. Firearms Training and Qualification.

(1) If a mandated employee does not successfully complete Commission-approved firearms training and qualification under this regulation before December 31 of a calendar year, the agency head or training director responsible for training the mandated employee may not permit the mandated employee to use or carry a firearm until the mandated employee successfully completes firearms training and qualification with the firearm the mandated employee is required to use or carry.

(2) If a mandated employee has not successfully completed Commission-approved firearms training and qualification under this regulation for the firearm the mandated employee is required to use or carry for 3 or more consecutive calendar years, the mandated employee shall complete Commission-approved entrance-level mandated employee firearms training and qualification under COMAR 12.10.04 before an agency head may permit the mandated employee to carry or use a firearm.

C. Except for a mandated employee on nonofficer status, if an agency does not provide required training in 2 consecutive years or displays a repetitive pattern of not providing the required training, the Commission shall initiate appropriate action.

D. Nonofficer Status.

(1) Commission-approved Mandated Employee In-Service Training. If a mandated employee does not successfully complete mandated employee in-service training because the mandated employee is on nonofficer status, the agency head or training director responsible for training the mandated employee shall provide the mandated employee with the required in-service training in the calendar year in which the mandated employee returns to active duty.

(2) Firearms Training and Qualification.

(a) If a mandated employee does not successfully complete firearms training and qualification requirements under this regulation because the individual is on nonofficer status, before the employee may carry or use a firearm, the mandated employee shall successfully complete Commission-approved firearms training and qualification under this regulation:

(i) For each firearm the mandated employee is required to use or carry; and

(ii) In the same calendar year that the individual returns to active duty.

(b) If a mandated employee returning from nonofficer status has not, during the previous 3 calendar years, successfully completed Commission-approved mandated employee annual firearms training and qualification with the firearm the mandated employee is required to use or carry, before the employee may use or carry a firearm, the mandated employee shall successfully complete Commission approved mandated employee entrance-level firearms training and qualification:

(i) Under COMAR 12.10.04; and

(ii) In the same calendar year the mandated employee returns to active duty.

(3) If a mandated employee returns to active duty from nonofficer status and the mandated employee's certification has lapsed, the agency head shall ensure that the mandated employee meets requirements for mandated employee certification renewal under Regulation .06 of this chapter.

(4) If an agency head or training director responsible for training a mandated employee under this regulation does not provide training documents to the Commission in a timely manner, a mandated employee's certification renewal may be delayed.

E. Waivers.

(1) The Deputy Director may grant a request for a waiver of annual in-service training or annual firearms training and qualification if the correctional unit or agency provides information demonstrating that an individual successfully completed comparable training in the same calendar year.

(2) A request for a waiver of training requirements under this regulation shall be submitted in accordance with Regulation .19 of this chapter by the agency head or training director responsible for training a mandated employee.

F. Audit Requirements.

(1) Commission-approved in-service training and firearms training and qualification information is subject to audit by the Commission.

(2) An agency head or training director providing Commission-approved mandated employee in-service training or mandated employee firearms training and qualification, or both, shall maintain documentation until audited by the Commission, including:

(a) Curriculum;

(b) Listing of instructors;

(d) Test and qualification scores; and

(e) Other information required by this regulation.

(3) An agency head or training director sending a mandated employee to another academy for Commission-approved mandated employee training shall maintain records of in-service training and firearms training and qualification provided by the academy conducting the training until audited by the Commission.

(4) To verify compliance with Commission requirements, the Commission shall annually audit a portion of the following Commission-approved annual in-service programs:

(a) Mandated employee training;

(b) Electronic control device training;

(d) Firearms qualification.

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.18 Minimum Training Standards — Mandated Employee Supervisors and Administrators.

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.

B. Minimum Mandated Employee Supervisor and Administrator Training Requirements.

(1) The Commission requires that:

(a) Only Commission-approved or certified instructors provide mandated employee supervisor and administrator training;

(b) A mandated employee shall obtain a minimum 70 percent overall test score to successfully complete the training;

(d) Unless determined otherwise by the agency head or training director and the Commission, a mandated employee required to attend Commission-approved mandated employee supervisor or administrator training may not receive credit toward the training requirement under this regulation if the mandated employee is absent for more than 10 percent of the required hours of a Commission-approved supervisor or administrator training program;

(e) The Commission's training objectives for the mandated employee supervisor and administrator training are covered as written by the Commission; and

(f) An agency head or training director submit the proposed mandated employee supervisor or administrator training to the Commission for approval at least 20 days before the date the training is scheduled to start.

(2) An agency head or training director shall submit rosters, required reports, and grades to the Commission upon completion of training.

(3) Upon request by an agency head or training director, the Commission shall provide a copy of a training outline and training objectives for Commission-approved mandated employee supervisor and administrator training.

(4) If an agency head or training director amends Commission-approved mandated employee supervisor or administrator training, the agency head or training director shall submit the amended training to the Commission for approval at least 20 working days before the date the amended training is to begin.

C. Waivers.

(1) The Commission may waive requirements for successful completion of Commission-approved mandated employee supervisor or administrator training if an agency head or training director provides the Commission with documentation establishing that the mandated employee successfully completed parallel Commission-approved mandated employee supervisor or administrator training.

(2) An agency head or training director requesting a waiver of training requirements under this regulation shall submit the request to the Deputy Director for approval.

D. Failure To Complete Commission-Required Mandated Employee Supervisor or Administrator Training. If a mandated employee required to meet training requirements under this regulation has not successfully completed required Commission-approved supervisor or administrator training by the first year anniversary date of promotion to a mandated employee first-line, or higher, supervisor or mandated employee first-line, or higher, administrator position, the agency head shall:

(1) Relieve the mandated employee of mandated employee supervisory or administrative duties related to the position; and

(2) Inform the Commission in writing within 30 days of the anniversary date of action taken to relieve the mandated employee of mandated supervisory or administrative duties.

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.19 Procedures for Requesting a Waiver.

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.

B. Training Standards.

(1) An agency head or training director may submit a signed written request for a waiver of mandated employee training standards to the Deputy Director.

(2) A signed written request for a waiver of Commission-required mandated employee training shall include:

(a) Course content or an outline of parallel training;

(b) A description of the parallel training received;

(d) Other information that the Deputy Director may request.

C. Mandated Employee Entrance-Level Training Waiver.

(1) The Deputy Director may approve a waiver of Commission-required mandated employee entrance-level training if the individual:

(a) Was employed in the same type of mandated position with a correctional unit within the last 3 years; and

(b) Completed an entrance-level training determined by the Deputy Director to be comparable to the Commission-approved mandated employee entrance-level training under Regulation .09 of this chapter.

(2) An agency head or training director may submit a signed written request for a waiver of Commission-approved mandated employee entrance-level training to the Deputy Director.

(3) If the Deputy Director grants a waiver of Commission-approved mandated employee entrance-level training, the individual shall meet the following requirements before the Commission grants certification in the mandated position:

(a) Certification in first aid and safety;

(b) Certification in cardiopulmonary resuscitation (CPR);

(d) For mandated employees defined under Regulation .01B under this chapter, satisfactory completion of 80 hours of training in the following:

(i) Administrative procedures;

(ii) Purpose of corrections;

(iii) Supervision of inmates;

(iv) Security, custody, and control of inmates;

(v) Deception and manipulation by inmates; and

(vi) Security threat groups.

D. Denial of Waiver Request.

(1) An agency head or training director may appeal the Deputy Director’s decision to deny the waiver request by mailing a signed written request for reconsideration of the denial to the Commission.

(2) If the Commission’s final determination is to deny a waiver requested on behalf of an individual under §D(1) of this regulation, the agency head or training director may not submit another request for waiver on behalf of the individual within 2 years of the date the Commission denied the previous request.

Cross References

12.10.01.04I

12.10.01.15C

12.10.01.16A(6)

12.10.01.17E(2)

12.10.01.22E(1)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.20 Disqualifying Criminal Convictions for Correctional Officers.

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;

(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;

(2) A conviction for an offense that resulted in incarceration when less than 10 years have elapsed since the applicant was released from incarceration or terminated from parole or probation, whichever last occurred;

(3) A misdemeanor conviction that resulted in incarceration when less than 5 years have elapsed since the applicant was released from incarceration or terminated from parole or probation, whichever has last occurred;

(4) Three or more misdemeanor convictions, except convictions for minor traffic violations, arising out of separate occurrences if:

(a) At least one of the misdemeanor convictions was for an offense involving violence or moral turpitude; and

(b) A term of imprisonment was served for any conviction; or

(5) A misdemeanor or felony conviction for a criminal offense under Criminal Law Article, Title 9, Subtitle 8, Annotated Code of Maryland, or similar conviction in a jurisdiction outside of the State.

B. This regulation does not:

(1) Require an agency head to employ an individual as a correctional officer who has a criminal record; or

(2) Prevent an agency head from setting higher criminal history standards than specified in this regulation.

C. The Commission may reject the appointment of an individual with a criminal record not covered by this regulation.

Cross References

12.10.01.05B(3)(b)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.21 Drug Screening Procedures.

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;

(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.

B. Positive Urine Sample Results.

(1) A urine sample screened positive under §C(2) of this regulation is considered evidence of recent use of a controlled dangerous substance, narcotic drug, or marijuana.

(2) An agency head shall ensure that a positive screen for a controlled dangerous substance, narcotic drug, or marijuana is not the result of legal use by the individual.

C. Urine Sample Analysis.

(1) To ensure the reliability and integrity of the testing process, an employing agency conducting drug screening shall ensure that the process used to analyze the urine sample includes the minimum requirements under this section.

(2) An agency conducting drug screening under this chapter shall ensure that:

(a) A urine sample is screened by:

(i) Enzyme immunoassay;

(ii) Radioimmunoassay testing; or

(iii) Other equally scientifically rigorous screening method;

(b) The drug screening tests for the presence of the following controlled dangerous substances, narcotic drugs, or marijuana or classes of controlled dangerous substances, narcotic drugs, or marijuana or controlled dangerous substance, narcotic drug, or marijuana metabolites at the minimum levels, measured in nanograms per milliliter, specified:

(i) Amphetamines — 1,000;

(ii) Barbiturates — 300;

(iii) Cannabis or cannabinoids — 50;

(iv) Opiates — 300;

(v) Cocaine or cocaine metabolite — 300;

(vi) Phencyclidine — 25; and

(vii) Benzodiazepines — 300;

(c) A positive drug screen is confirmed for each controlled dangerous substance, narcotic drug, or marijuana identified by:

(i) Gas chromatography;

(ii) Mass spectrometry; or

(iii) Other equally scientifically rigorous method; and

(d) Drug screening and sample analysis are conducted according to provisions under Health-General Article, §17-214, Annotated Code of Maryland.

(3) The Commission:

(a) Considers a urine sample collected and analyzed under this regulation that shows a presence of a controlled dangerous substance, narcotic drug, or marijuana in a quantity equaling or exceeding the limits for the controlled dangerous substance, narcotic drug, or marijuana under §C(2)(b) of this regulation to be a positive drug screen; and

(b) Requires confirmation of a positive drug screen according to §C(2)(c) of this regulation before accepting the results as conclusive.

Cross References

12.10.01.04G(1)

12.10.01.04G(3)

12.10.01.08B(2)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.22 Prior Substance Abuse by Applicants for Certification.

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.

B. General Policy.

(1) The Commission may disqualify an applicant for certification in a mandated position if the applicant:

(a) Has manifested unacceptable character traits, judgment, behavior, or activity resulting from personal involvement in the illegal use, purchase, sale, manufacture, or distribution of a controlled dangerous substance; or

(b) Was found guilty or convicted of a misdemeanor or felony for the purchase sale, manufacture, or distribution of a controlled dangerous substance.

(2) In accordance with the criteria and timeframes specified in §C of this regulation the Commission may not certify an applicant in a mandated position if there is an indication that the applicant:

(a) Unlawfully obtained or used a controlled dangerous substance; or

(b) Used a controlled dangerous substance in a manner not prescribed by the applicant’s doctor that resulted in dependence, abuse, or habitual use.

(3) A correctional unit may set more restrictive standards than those specified in this regulation.

C. Prior and Current Use Criteria.

(1) The Commission may not certify an applicant to a mandated position if the applicant has, within the:

(a) 12-month period immediately preceding the date of hire, unlawfully, according to Maryland law, used natural cannabis or natural cannabinoids; or

(b) 3 years immediately preceding the date of the hire, unlawfully used one or more of the following controlled dangerous substances:

(i) Amphetamines;

(ii) Barbiturates;

(iii) Benzodiazepines;

(iv) Cannabimimetic agents and synthetic cannabinoids;

(v) Cocaine or a cocaine metabolite;

(vi) Hallucinogens including but not limited to PCP, LSD, and mescaline and their derivatives;

(vii) Inhalants including but not limited to solvents, glue, paint, aerosols, and amyl nitrates;

(viii) Opiates including but not limited to opium, heroin, morphine, and codeine;

(ix) Natural or synthetic anabolic steroids; or

(x) Except for §C(1)(a) of this regulation, any other substance prohibited by federal or State law.

(2) The Commission may certify an applicant to a mandated position if the applicant was lawfully prescribed a controlled dangerous substance listed under §C(1) of this regulation and its use has:

(a) Not resulted in the applicant’s habitual use or becoming a drug dependent person; and

(b) Not affected the applicant’s fitness to fulfill the responsibilities of the mandated position.

(3) The Commission may certify an applicant to a mandated position if the applicant’s unlawful use of:

(a) Natural cannabis or natural cannabinoids preceded the applicant’s date of the hire by 12 or more months; or

(b) A controlled dangerous substance listed in §C(1)(b) of this regulation preceded the applicant’s date of hire by 3 or more years.

(4) As a condition of being granted certification by the Commission under §C(3) of this regulation, an applicant shall agree to complete an annual drug test to be scheduled at the discretion of the employing agency during each of the 2 years following the applicant’s date of certification.

(5) An employing agency that conditionally hires an applicant under §C(4) of this regulation may require an applicant to submit to the employing agency’s drug testing procedures for suspicion of substance use during the 2 years following certification or as part of the employing agency’s procedures for random drug testing of its employees..

(6) If certification is granted to an applicant who qualifies under §C(2) or (3) of this regulation, the employing agency shall notify the applicant of the additional minimum drug testing requirement.

D. Indication of Use.

(1) The employing agency shall investigate and report the results of an investigation to the Commission with the application for certification, if a background investigation, polygraph examination, interview, drug screening, or other process indicates an applicant’s prior or current use of a controlled dangerous substance as specified in §C this regulation.

(2) If the reported outcome of an investigation indicates that an applicant’s current or prior use of a controlled dangerous substance as specified in §C of this regulation is or was:

(a) Lawful, the employing agency shall obtain proper medical documentation from a licensed health care professional; or

(b) Unlawful, the employing agency shall determine whether the applicant’s use occurred within the timeframes specified in §C(1)(a) and (b) of this regulation.

(3) If the employing agency determines that an applicant’s use of a controlled dangerous substance occurred prior to the timeframes specified in §C(1) of this regulation, the employing agency may proceed with the application for certification.

(4) The employing agency shall evaluate an applicant’s use of a lawfully prescribed controlled dangerous substance as specified in §C of this regulation to determine whether the applicant is currently a drug dependent person or is medically unfit to perform the duties of a mandated position.

(5) The employing agency may apply to the Commission for certification in the mandated position if there is no indication of moral turpitude, no evidence that the applicant is a drug dependent person, and the applicant is medically fit to perform the duties of the mandated position.

(6) Upon review of the employing agency’s evaluation, the Commission may not certify an applicant if the employing agency found an indication of moral turpitude, evidence that the applicant is a drug dependent person, or the applicant is medically unfit to perform the duties of the mandated position.

(7) An employing agency shall maintain records and documentation of an applicant’s prior or current use, dependence on, or legitimate medical use of a controlled dangerous substance as specified in this regulation, and the records and documents are subject to audit by the Commission.

E. Requesting a Waiver.

(1) A correctional unit may request a waiver under Regulation .19 of this chapter of any provisions of this regulation.

(2) The Commission shall consider a waiver requested for an individual on a case-by-case basis at a regularly scheduled meeting.

Cross References

12.10.01.05A(2)(e)

12.10.01.08B(4)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.01.23 Field Training.

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;

(2) May be conducted in conjunction with, or separately from, Commission-approved entrance-level training;

(3) Shall be a minimum of 80 hours;

(4) May not be used to meet the minimum Commission entrance-level training hourly requirement; and

(5) Shall be managed by a Commission-certified mandated employee, the agency head, or a designee.

C. Documenting Field Training.

(1) The agency head, or a designee, shall:

(a) Complete and submit a written statement to the Commission documenting an individual's successful completion of field training under this regulation; and

(b) Date and sign the written statement.

D. Upon receipt of the notice from an agency head, or a designee, documenting an individual's completion of field training, the Commission shall process the individual's application for certification under Regulation .06 of this chapter.

Cross References

12.10.01.06A(3)

12.10.01.09B(2)

History

Administrative History: Effective date: May 14, 1975 (2:10 Md. R. 760)
Administrative History: Regulations .01B, C, .03 amended effective April 14, 1976 (3:8 Md. R. 427)
Administrative History: Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md. R. 877)
Administrative History: Regulations .01—.05 amended effective March 10, 1978 (5:5 Md. R. 325)
Administrative History: Regulation .01B amended effective May 19, 1978 (5:10 Md. R. 781)
Administrative History: Regulation .01 amended effective June 2, 1978 (5:11 Md. R. 885)
Administrative History: Regulation .01B, D, E, G amended effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01G adopted effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01G-1 and G-2 adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: Regulation .01H amended effective July 14, 1978 (5:14 Md. R. 1138)
Administrative History: Regulation .01I adopted effective November 28, 1980 (7:24 Md. R. 2262)
Administrative History: Regulation .05D adopted effective February 20, 1981 (8:4 Md. R. 343)
Administrative History: ——————
Administrative History: Chapter revised effective November 8, 1982 (9:22 Md. R. 2197)
Administrative History: Regulation .01B amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .02B amended effective July 2, 1984 (11:13 Md. R. 1177); July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .02B, C amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .03 amended effective December 14, 1987 (14:25 Md. R. 2661); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .03B, .06C, .07 amended effective July 13, 1986 (13:14 Md. R. 1634)
Administrative History: Regulation .04 amended effective December 1, 1986 (13:24 Md. R. 2560); February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .05A amended effective April 9, 1984 (11:17 Md. R. 628); July 2, 1984 (11:13 Md. R. 1177); November 5, 1984 (11:22 Md. R. 1900); July 24, 1989 (16:14 Md. R. 1569)
Administrative History: Regulation .05B amended effective July 2, 1984 (11:13 Md. R. 1177); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05C amended effective February 6, 1989 (16:2 Md. R. 161); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .05D amended effective November 5, 1984 (11:22 Md. R. 1900); November 28, 1988 (15:24 Md. R. 2772)
Administrative History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 301)
Administrative History: Regulation .06 amended effective June 20, 1994 (21:12 Md. R. 1062)
Administrative History: Regulation .06B amended effective January 16, 1995 (22:1 Md. R. 20)
Administrative History: Regulation .07A amended effective August 8, 1988 (15:16 Md. R. 1916); August 20, 1990 (17:16 Md. R. 1992)
Administrative History: Regulations .09—.11 adopted effective January 1, 1987 (13:24 Md. R. 2560)
Administrative History: Regulation .09 amended effective February 19, 1990 (17:3 Md. R. 301); June 20, 1994 (21:12 Md. R. 1062)
Administrative History: ——————
Administrative History: Regulations .01—.11 repealed and new Regulations .01—.18 adopted effective October 20, 1997 (24:21 Md. R. 1451)
Administrative History: Regulation .01B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .04C, E amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .05 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .07C amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .08B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .09 amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .11B amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .12F amended effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: Regulation .19 adopted effective July 1, 2000 (27:10 Md. R. 967)
Administrative History: ——————
Administrative History: Chapter revised effective January 7, 2002 (28:26 Md. R. 2274)
Administrative History: Regulation .01B amended effective September 13, 2004 (31:18 Md. R. 1351); May 23, 2005 (32:10 Md. R. 925)
Administrative History: Regulation .02A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .03D amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .04C amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .06 amended effective January 1, 2005 (31:17 Md. R. 1313); January 1, 2005 (31:23 Md. R. 1654)
Administrative History: Regulation .06A amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .09B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .10 amended effective August 30, 2004 (31:17 Md. R. 1313)
Administrative History: Regulation .12 amended effective January 1, 2005 (31:17 Md. R. 1313)
Administrative History: Regulation .12D amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .15C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .19A amended effective September 13, 2004 (31:18 Md. R. 1351)
Administrative History: Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .21 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Chapter revised effective November 5, 2007 (34:22 Md. R. 1978)
Administrative History: Regulation .01B amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .05A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: Regulation .08B, C amended effective January 1, 2010 (36:24 Md. R. 1858)
Administrative History: Regulation .19B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817)
Administrative History: ——————
Administrative History: Chapter revised effective January 1, 2013 (39:16 Md. R.1081)
Administrative History: Regulation .01B amended effective February 17, 2014 (41:3 Md. R. 202); July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .02B amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02C amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .04C amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .05B amended effective February 17, 2014 (41:3 Md. R. 202); August 18, 2014 (41:16 Md. R. 947); February 29, 2016 (43:4 Md. R. 333)
Administrative History: Regulation .08 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .09G—I amended effective October 9, 2017 (44:20 Md. R. 945)
Administrative History: Regulation .11F amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .13B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .14 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .15D repealed effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .16 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .17 amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .18B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .19 amended effective February 11, 2019 (46:3 Md. R. 107)
Administrative History: Regulation .19D adopted effective August 31, 2015 (42:17 Md. R. 1111)
Administrative History: Regulation .20A amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .21B amended effective September 2, 2024 (51:17 Md. R. 777)
Administrative History: Regulation .22 amended effective January 1, 2017 (43:24 Md. R. 1351)
Administrative History: Regulation .22 repealed and new Regulation .22 adopted effective July 1, 2021 (48:13 Md. R. 509)
Administrative History: Regulation .22C amended effective November 28, 2022 (49:24 Md. R 1027); September 2, 2024 (51:17 Md. R. 777)
Administrative History: ——————
Administrative History: Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207; Annotated Code of Maryland

COMAR 12.10.02 Public Information Requests [Repealed]

History

Administrative History: Effective date: November 9, 1981 (8:22 Md. R. 1784)
Administrative History: Regulations .01, .02, .04, .06—.16 amended effective March 14, 1983; (10:5 Md. R. 465)
Administrative History: Regulation .02B amended effective June 6, 1983 (10:11 Md. R. 976)
Administrative History: Chapter repealed effective September 24, 1984 (11:19 Md. R. 1667)

12.10.03 General Hearing Regulations

COMAR 12.10.03.01 Scope.

A. These regulations apply to administrative hearings before the Correctional Training Commission (Commission), where issues concerning the legal rights, duties, statutory entitlements, or privileges of specific parties are decided as required by law or constitutional right.

B. These regulations do not apply to:

(1) An employee grievance hearing;

(2) An informal investigation;

(3) A Commission action on an application for certification or recertification to a mandated position;

(4) A decision made by the Executive or Deputy Director pursuant to authority delegated by the Commission;

(5) A decision to conduct or not to conduct a hearing; or

(6) A proceeding where a hearing is not required by law.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.02 General Provisions.

A. A hearing conducted by the Commission is subject to the provisions of the Administrative Procedure Act.

B. The Commission may conduct a hearing only if a majority of the Commission's authorized membership is present.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.03 Parties—Representation.

A. A party to a hearing includes an individual or agency that the Commission names or designates, or who is entitled to be a party to a hearing.

B. A party may be represented by counsel at a hearing.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.04 Notice of Hearing.

A. The Commission shall provide all parties with written notice of a hearing at least 10 business days before the scheduled hearing date.

B. A written notice shall comply with State Government Article, §§10-207 and 10-208, Annotated Code of Maryland, and include:

(1) The date, time, and place of the hearing;

(2) A brief explanation of the allegations and issues;

(3) Citations of relevant law or regulation; and

(4) A copy of COMAR 12.10.03.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.05 Postponements.

A. The presiding officer may postpone a hearing upon a written request of any party, if the:

(1) Presiding officer receives the request at least 3 business days before the scheduled hearing date; and

(2) Request establishes good cause for the postponement as determined by the presiding officer.

B. Absent a postponement request, the presiding officer may postpone the hearing for good cause.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.06 Presiding Officer—Duties.

A. The Commission chairman, or a designee, shall be the presiding officer who shall:

(1) Be in charge of the hearing;

(2) Permit the examination of witnesses;

(3) Rule on the admissibility of evidence;

(4) Decide the order in which parties may testify, present evidence, or present argument;

(5) Adjourn or recess the hearing from time to time;

(6) Decide if a party is required to submit a written brief or motion supporting the party's position and establish deadlines for submissions;

(7) Reschedule the hearing if a majority of the Commission is not present; and

(8) Maintain a record of the hearing as required under State Government Article, §10-218, Annotated Code of Maryland.

B. The presiding officer shall determine that a party:

(1) Has been informed of the nature of the proceedings;

(2) Understands the language and intent of these regulations; and

(3) Is cognizant of the rights under applicable statutes upon which the subject of the hearing is conducted as well as rights under these regulations.

C. If the presiding officer is not satisfied that a party is fully informed as to these matters, the presiding officer shall note this on the record.

D. The presiding officer, when deciding the case or issuing an order pursuant to the provisions of these regulations and of law, shall inform the party of the right to appeal a decision or order and the methods and procedures for making that appeal.

E. The presiding officer may:

(1) Examine witnesses;

(2) Call witnesses; and

(3) Request the Office of the Attorney General to provide counsel to the Commission and to Commission staff who may be presenting evidence at the hearing.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.07 Attendance.

A. If a party fails to appear for the hearing and the presiding officer has reason to believe the party received notice of the hearing, the presiding officer may:

(1) Proceed with the hearing based on the information available; or

(2) Reschedule the hearing.

B. A party may waive the right to appear for the hearing.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.08 Hearing Procedures—Testimony and Evidence.

A. The introduction of evidence at a hearing shall comport with procedures under State Government Article, §10-213, Annotated Code of Maryland.

B. When a party is represented by counsel, only counsel may submit evidence, question witnesses, and file objections, exceptions, and motions on behalf of the party.

C. A party testifying shall be under oath administered by an individual authorized by the presiding officer.

D. The presiding officer shall require the following oath be used: “Do you solemnly swear or affirm under the penalties of perjury that the responses given and statements made will be the truth, the whole truth, and nothing but the truth?”

E. The burden of proof shall be on the party bringing the issue before the Commission.

F. The standard of proof shall be a preponderance of evidence.

G. A party may submit a brief, or the presiding officer may order that a brief be submitted, concerning the issues of fact and law involved in the hearing. The presiding officer shall determine:

(1) The form, for the brief; and

(2) Submission deadlines.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.09 Decisions and Orders.

A. A decision by the Commission shall be made by a majority of the members present at the hearing.

C. The Commission shall deliver or mail a copy of the decision and order and accompanying findings and conclusions to each party or the party's counsel of record.

D. Unless specified otherwise, orders of the presiding officer or the Commission shall be immediately implemented.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.10 Request for Reconsideration.

A. A party may request reconsideration of a final decision by the Commission.

B. A request for reconsideration shall:

(1) Be in writing;

(2) Be received by the presiding officer issuing the decision not later than 10 days after receipt of the final decision or order by the party or the party's counsel of record; and

(3) State in detail the grounds for the request.

D. The presiding officer shall mail the decision on the request for reconsideration under §C of this regulation to the individual making the request.

E. At the discretion of the Commission, a request for reconsideration may stay enforcement of the order until disposition of the request or subsequent action based on that request.

F. Submitting a request for reconsideration does not stay the time requirements for filing an appeal.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.11 Transcription of Hearing Records.

A. The Commission is not required to provide a transcript of the hearing record.

B. A party may obtain a complete or partial transcript if the party:

(1) Makes a written request for transcription to the presiding officer; and

(2) Agrees to pay the costs of and make arrangements for transcription.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.03.12 Judicial Appeal.

History

Administrative History: Effective date: May 15, 1981 (8:10 Md. R. 878)
Administrative History: Chapter revised effective November 22, 2004 (31:23 Md. R. 1654)
Authority: State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

12.10.04 Firearms Training

COMAR 12.10.04.01 Purpose.

A. This chapter establishes Commission firearms training requirements for a firearms qualified employee regulated by the Commission for:

(1) Firearms classroom instruction, training, and qualification; and

(2) Authorization to use or carry a firearm.

B. Commission Requirements are Minimum Requirements. An employer may adopt more stringent requirements for firearms classroom instruction, training, and qualification.

C. This chapter does not apply to a firearm that discharges a projectile that is not intended to cause death that the employer has authorized a firearms qualified employee to use or carry.

History

Administrative History: Effective date: October 20, 1997 (24:21 Md. R. 1451)
Administrative History: ——————
Administrative History: Regulations .01—.09 repealed and new Regulations .01—.31 adopted effective July 1, 2001 (28:12 Md. R. 1111)
Administrative History: Regulation .20 B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.04.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Academy” means a college, school, training unit, or training facility approved or certified by the Commission under this chapter or COMAR 12.10.01 to conduct entrance-level and other training programs.

(2) Classroom Instruction.

(a) “Classroom instruction” means training conducted in a traditional educational setting; for example, in a room with desks, chairs, books, paper, and other educational tools or equipment.

(b) “Classroom instruction” does not include training conducted on a firing line.

(3) “Commission” means the Maryland Correctional Training Commission, its officers, and its employees.

(4) Course of Fire.

(a) “Course of fire” means a sequence of activities related to the actual discharge of a firearm on a firing line for training or qualification.

(b) “Course of fire” does not include classroom instruction.

(5) Day-fire.

(a) “Day-fire” means firearms training or qualification, or both, conducted during normal outdoor lighting conditions that exist between dawn and dusk.

(b) “Day-fire” includes the indoor equivalent or other lighting conditions that simulate normal outdoor lighting conditions that exist between dawn and dusk.

(6) “Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or, the Deputy Director’s designee.

(7) “Entrance-level” means initial classroom instruction, training, or qualification with a firearm regardless of experience or training with a different type of firearm.

(8) “Firearms qualified employee” means an individual who:

(a) Is subject to regulation by the Commission;

(b) Is authorized by the individual’s employer to use or carry a firearm; and

(9) “Firearm” means a pistol, revolver, or long gun.

(10) “Firearm provisional instructor” means an individual certified by the Commission in that instructor classification according to requirements established under COMAR 12.10.06.

(11) “Firearms instructor” means an individual certified by the Commission in that instructor classification according to requirements established under COMAR 12.10.06.

(12) “Firing line” means those areas and positions from which an individual actually discharges a firearm with live ammunition for training or qualification, or both, as part of a course of fire.

(13) Firing Line Controller.

(a) “Firing line controller” means the line instructor or firearms instructor responsible for issuing commands on a firing line during firearms training and qualification.

(b) “Firing line controller” includes a line instructor or firearms instructor actually on the firing line or in a structure overseeing the firearms training and qualification conducted on the firing line.

(14) Handgun.

(a) “Handgun” has the meaning stated in Public Safety Article, §5-101, Annotated Code of Maryland.

(b) “Handgun” includes a:

(i) Pistol; and

(ii) Revolver.

(15) “Judgmental or decision training” means instruction and skills development conducted in the classroom, using firearms simulation, or on a firing line, to enable an individual to:

(a) Differentiate between threat levels; and

(b) Respond appropriately to an identified threat.

(16) “Line Instructor” means an individual certified by the Commission in that instructor classification according to requirements established under COMAR 12.10.06.

(17) Long Gun.

(a) “Long gun” means a firearm designed to be fired from the shoulder.

(b) “Long gun” includes a:

(i) Type 1 long gun;

(ii) Type 2 long gun;

(iii) Type 3 long gun; and

(iv) Type 4 long gun.

(18) Optical Sighting Device.

(a) “Optical sighting device” means a mechanism that assists an individual in sighting a firearm.

(b) “Optical sighting device” does not include an iron sight.

(19) “Pistol” means a handgun that operates semi-automatically:

(a) Discharging a single round of ammunition with a pull of the trigger;

(b) Clearing the chamber of the spent casing; and

(20) “Power” means a measurement used to describe levels of visual magnification, with a number representing the level of magnification above the normal visual range.

(21) “Qualification” means proficiency testing by discharging a firearm on a Commission-approved course of fire to receive a score that the Commission measures against established requirements to determine if the individual is authorized to use or carry a specific firearm.

(22) Reduced Light.

(a) “Reduced light” means the normal outdoor lighting conditions that exist between dusk and dawn.

(b) “Reduced light” includes simulated natural outdoor lighting conditions such as:

(i) Artificial light to simulate natural reduced lighting conditions; or

(ii) Goggles, headgear, or an apparatus worn to cover the eyes designed to reduce the availability of light to simulate natural reduced lighting conditions.

(23) “Revolver” means a handgun that:

(a) Fires a single round of ammunition with each pull of the trigger; and

(b) Has a cylinder containing additional rounds of ammunition that rotates to position the next round of ammunition for firing.

(24) “Strong hand” means the hand:

(a) On the same side of the body where an individual normally carries a handgun in a holster; and

(b) That the individual would primarily use to discharge a handgun.

(25) Training.

(a) “Training” means a demonstration or an exercise, in addition to classroom instruction, provided by an individual certified under COMAR 12.10.06, to enhance understanding, proficiency, marksmanship, and other skills related to proper firearm use and tactics such as movement, multiple targets, judgmental or decision training, and use of cover and concealment.

(b) “Training” may include drills that involve discharging rounds.

(26) “Type 1 long gun” means a long gun with an optical sighting device greater than 4 power intended for use as a counter-sniper firearm.

(27) “Type 2 long gun” means a long gun with an optical sighting device greater than 4 power intended for use other than as a counter-sniper firearm.

(28) “Type 3 long gun” means a long gun without an optical sighting device, or with an optical device of 4 power or less.

(29) Type 4 Long Gun.

(a) “Type 4 long gun” means a long gun manufactured and sold as a shotgun that is designed to discharge a single projectile or multiple projectiles from a single round of ammunition.

(b) “Type 4 long gun” includes a long gun manufactured and sold as a shotgun regardless of the:

(i) Action; or

(ii) Use of an optical sighting device.

(30) “Weak hand” means the hand that is not considered the strong hand.

Cross References

12.10.06.01B(4)

History

Administrative History: Effective date: October 20, 1997 (24:21 Md. R. 1451)
Administrative History: ——————
Administrative History: Regulations .01—.09 repealed and new Regulations .01—.31 adopted effective July 1, 2001 (28:12 Md. R. 1111)
Administrative History: Regulation .20 B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.04.03 General Requirements — Authorized Firearms Classroom Instruction, Training, and Qualification, and Firing Line Supervision.

A. Firearms Classroom Instruction, Training, and Qualification Requirements — General.

(1) A firearms qualified employee may not use or carry a firearm unless:

(a) The firearm is approved by the firearms qualified employee’s employer;

(b) The firearms qualified employee’s employer authorizes the firearms qualified employee to use or carry the firearm; and

(c) The firearms qualified employee successfully completes the applicable firearms classroom instruction, training, and qualification for the firearm established under this chapter.

(2) All rounds required to be discharged by this chapter shall be fired with only one finger on the trigger.

(3) If a firearm becomes defective or unavailable to a firearms qualified employee during firearms training or qualification, a substitute firearm may be used for the firearms training or qualification if the substitute firearm is the same type, model, manufacture, caliber, and barrel length as the defective or unavailable firearm.

(4) Entrance-Level Firearms Classroom Instruction, Training, and Qualification.

(a) For an individual to be initially authorized to use or carry a firearm, except a firearm for which authorization is provided through conversion under Regulation .09 of this chapter, the individual shall successfully complete entrance-level firearms classroom instruction, training, and qualification established under this chapter for the firearm.

(b) The individual may complete the entrance-level firearms classroom instruction, training, and qualification:

(i) As a part of entrance-level firearms classroom instruction, training, and qualification required by COMAR 12.10.01; or

(ii) Independent of the entrance-level firearms classroom instruction, training, and qualification required by COMAR 12.10.01.

(c) Commission firearms training objectives required for the entrance-level firearms classroom instruction, training, and qualification are available from the Commission upon written request.

B. Firing Line Supervision Requirements — General.

(1) At least one firearms provisional instructor, line instructor, or firearms instructor shall be present for every five or fewer individuals on the firing line.

(2) If more than one firearms provisional instructor, line instructor, or firearms instructor is required to be present, the individual responsible for the firearms training and qualification shall designate a firearms instructor or line instructor to supervise the firing line.

(3) If more than 15 individuals are on the firing line:

(a) The individual responsible for the firearms training and qualification shall assign a firing line controller; and

(b) The firing line controller may not be counted as part of the one-to-five ratio required under this regulation.

C. If an individual has met the requirements of this chapter to be a firearms qualified employee but has not met the annual firearms classroom instruction, training, and qualification under Regulation .08 of this chapter for three or more consecutive years, the individual shall successfully complete the entrance-level firearms classroom instruction, training, and qualification before being authorized to carry or use a firearm.

D. Firearms Classroom Instruction, Training, and Qualification — Approval and Minimum Hours.

(1) Commission Approval.

(a) Written approval by the Commission is required for firearms classroom instruction, training, and qualification.

(b) An academy or employer of a firearms qualified employee requesting approval shall submit the request to the Commission 20 days before the academy or employer plans to start the firearms classroom instruction, training, and qualification.

(2) The minimum hours required for firearms classroom instruction, training, and qualification established under this chapter:

(a) Only include the actual hours of firearms classroom instruction, training, and qualification; and

(b) Do not include meals and breaks.

History

Administrative History: Effective date: October 20, 1997 (24:21 Md. R. 1451)
Administrative History: ——————
Administrative History: Regulations .01—.09 repealed and new Regulations .01—.31 adopted effective July 1, 2001 (28:12 Md. R. 1111)
Administrative History: Regulation .20 B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.04.04 Entrance-Level Firearms Classroom Instruction, Training, and Qualification — Handgun.

A. A firearms qualified employee shall successfully complete the minimum requirements for entrance-level handgun classroom instruction, training, and qualification established under this regulation before using or carrying a handgun.

B. Minimum entrance-level classroom instruction, training, and qualification for a handgun include:

(1) 35 hours of classroom instruction, training, and qualification;

(2) Classroom instruction topics marked with an “X” under Entrance-Level Handgun Training in the table under Regulation .10B of this chapter;

(3) The following activities conducted over a minimum of three separate calendar days:

(a) Firearms training exercises; and

(b) A course of fire for qualification scoring that includes:

(i) Three successive day-fire courses of fire; and

(ii) One reduced light course of fire;

(4) Use of ammunition authorized by the individual's employer, or the ballistic equivalent when firing for qualification;

(5) Discharging a minimum of 1,000 rounds of ammunition for firearms training and qualification collectively; and

(6) The course of fire requirements outlined in the table under Regulation .05 of this chapter.

History

Administrative History: Effective date: October 20, 1997 (24:21 Md. R. 1451)
Administrative History: ——————
Administrative History: Regulations .01—.09 repealed and new Regulations .01—.31 adopted effective July 1, 2001 (28:12 Md. R. 1111)
Administrative History: Regulation .20 B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.04.05 Course of Fire Requirements for Handgun Qualification.

The following are minimum entrance-level, annual, and conversion courses of fire requirements for handgun qualification:

| Type of Requirement | Handgun Day-Fire Required Course of Fire for Qualification | Handgun Reduced Light Required Course of Fire for Qualification | | --- | --- | --- | | (1) Rounds to be discharged with one finger on the trigger | Minimum of 30 rounds on each course of fire | Minimum of 30 rounds on the course of fire | | (2) Minimum passing score | 70 percent on each of the three successive courses of fire | 70 percent | | (3) Target description | Depiction of human torso or silhouette marked to indicate scoring values in a maximum scoring area of 725 square inches | Depiction of human torso or silhouette marked to indicate scoring values in a maximum scoring area of 725 square inches | | (4) Required percentages of rounds to be fired, and required firing distances | A minimum of 10 percent, but not more than 40 percent, of the course of fire rounds shall be discharged at each of the following four range of distances: (a) Less than 5 yards; (b) 5 yards to less than 10 yards; (c) 10 to less than 25 yards; and (d) 25 yards or farther. | A minimum of 10 percent, but no more than 40 percent, of the course of fire rounds shall be discharged at each of the following three range of distances: (a) Less than 5 yards; (b) 5 yards to less than 15 yards; and (c) 15 yards or farther | | (5) Maximum time permitted per round of ammunition fired at specified distances | (a) 2 seconds per round when firing at less than 5 yards; (b) 3 seconds per round when firing at 5 yards to less than 10 yards; (c) 4 seconds per round when firing at 10 yards to less than 25 yards; (d) 5 seconds per round when firing at 25 yards, or farther | (a) 2 seconds per round when firing at less than 5 yards; (b) 3 seconds per round when firing at 5 yards to less than 15 yards; (c) 4 seconds per round when firing at 15 yards, or farther | | (6) Maximum time permitted to move from one specified firing position to the next | 5 seconds | 5 seconds | | (7) Maximum time permitted for each instance of reloading the handgun during the course of fire | Revolver - 17 seconds Pistol - 8 seconds | Revolver - 17 seconds Pistol - 8 seconds | | (8) Minimum requirements for holding the handgun while discharging rounds during the course of fire | (a) Strong hand supported by weak hand; (b) Strong hand with no support; (c) Weak hand supported by strong hand; and (d) Weak hand with no support | (a) Strong hand supported by weak hand; (b) Strong hand with no support; (c) Weak hand supported by strong hand; and (d) Weak hand with no support | | (9) Minimum body positions from which rounds are to be fired during the course of fire | (a) Standing; (b) Kneeling; and (c) Two different positions from barricade | (a) Standing; and (b) Kneeling | | (10) Supplemental lighting conditions suggested during course of fire | Not Applicable | At least one of the following: (a) Flares; (b) Street lights; (c) Vehicle lights; (d) Flashlights; (e) Vehicle emergency lights; or (f) Alternate lighting source |

Cross References

12.10.04.04B(6)

12.10.04.08B(2)(b)

12.10.04.09D(2)(c)

12.10.06.11D(6)(a)

History

Administrative History: Effective date: October 20, 1997 (24:21 Md. R. 1451)
Administrative History: ——————
Administrative History: Regulations .01—.09 repealed and new Regulations .01—.31 adopted effective July 1, 2001 (28:12 Md. R. 1111)
Administrative History: Regulation .20 B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.04.06 Entrance-Level Firearms Classroom Instruction, Training, and Qualification — Long Guns.

B. The minimum requirements for entrance-level long gun classroom instruction, training, and qualification include:

(1) Classroom instruction topics marked with an “X” under the column for Entrance-Level Long Gun Training on the table under Regulation .10B of this chapter;

(2) The following total hours of long gun classroom instruction, training, and qualification for a:

(a) Type 1 long gun, 35 hours;

(b) Type 2 long gun, 35 hours;

(d) Type 4 long gun, 7 hours;

(3) Discharging the following number of rounds of ammunition at a target for training and qualification for a:

(a) Type 1 long gun, 150 rounds;

(b) Type 2 long gun, 350 rounds;

(d) Type 4 long gun, 50 rounds; and

(4) Successfully completing qualification requirements on a day-fire course of fire for the specific type of long gun established in the table under Regulation .07A of this chapter.

History

Administrative History: Effective date: October 20, 1997 (24:21 Md. R. 1451)
Administrative History: ——————
Administrative History: Regulations .01—.09 repealed and new Regulations .01—.31 adopted effective July 1, 2001 (28:12 Md. R. 1111)
Administrative History: Regulation .20 B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.04.07 Course of Fire Requirements for Long Gun Qualification.

A. The following table establishes minimum requirements for entrance-level, annual, and conversion courses of fire for Type 1 through Type 4 long gun qualification:

| Requirement | Type 1 Long Gun | Type 2 Long Gun | Type 3 Long Gun | Type 4 Long Gun | | --- | --- | --- | --- | --- | | (1) Rounds to be Discharged | Minimum of 20 rounds on one day-fire course of fire | Minimum of 30 rounds on one day-fire course of fire | Minimum of 30 rounds on one day-fire course of fire | Minimum of 10 rounds on one day-fire course of fire | | (2) Passing Score | 100 percent | 80 percent | 80 percent | 70 percent | | (3) Target Description | The target scoring area may not exceed 80 square inches. 80 square inches equals the 9 and 10 ring of a “B-27” target | The target scoring area may not exceed 183 square inches. 183 square inches equals a “TQ19” target or the 8, 9 and 10 ring of a “B-27” target | The target scoring area may not exceed 255 square inches. 255 square inches equals a “Q” target | The target scoring area may not exceed 725 square inches. 725 square inches equals a “B-27” full size target | | (4) Required percentages of rounds to be fired and required firing distances | A minimum of 10 percent but not more than 30 percent of the course of fire rounds shall be discharged at each of the following distances: (a) 25 yards; (b) Two distances greater than 25 yards and less than 200 yards; and (c) 200 yards or greater | A minimum of 10 percent but not more than 30 percent of the course of fire rounds shall be discharged at each of the following distances: (a) 15 yards; (b) Two distances greater than 15 yards and less than 100 yards; and (c) 100 yards or greater | A minimum of 10 percent but not more than 30 percent of the course of fire rounds shall be discharged at each of the following distances: (a) 15 yards; (b) Two distances greater than 15 yards and less than 50 yards; and (c) 50 yards or greater | A minimum of 20 percent but not more than 40 percent of the course of fire rounds shall be discharged at each of the following distances: (a) 5 yards to less than 15 yards; (b) 15 yards to less than 25 yards; and (c) 25 yards or greater | | (5) Maximum time permitted per round at specified distances | 5 seconds per round when firing at 25 yards or less; The number of seconds per round when firing at distances between 25 yards and 200 yards shall be proportional to the distances and times allowed; 10 seconds per round when firing at 200 yards, or farther | 4 seconds per round when firing at 15 yards or less; The number of seconds per round when firing at distances between 15 yards and 100 yards shall be proportional to the distances and times allowed; 8 seconds per round when firing at 100 yards, or farther | 4 seconds per round when firing at 15 yards or less; The number of seconds per round when firing at distances between 15 yards and 50 yards shall be proportional to the distances and times allowed; 8 seconds per round when firing at 50 yards, or farther | 3 seconds per round when firing at 5 yards to less than 15 yards; 4 seconds per round when firing at 15 yards to less than 25 yards; and 5 seconds per round when firing at 25 yards, or farther | | These times do not include the time allotted for changing positions or moving from one firing line distance to another. | | | | | | Reloading Time: When qualifying on type 1, 2, or 3 long gun; an additional 5 seconds may be added to the maximum seconds: (a) For each round of ammunition reloaded on a long gun with an integral magazine; and (b) For reloading a long gun with a detachable box magazine. | | | | | | (6) Firing positions from which the long gun shall be discharged | (a) Standing (unsupported); (b) Standing (supported); (c) Kneeling or sitting (supported or unsupported); (d) Prone; and (e) Using a barricade to discharge the long gun from at least one of the above firing positions. | (a) Standing (unsupported) (b) Standing (supported) (c) Kneeling or sitting (supported or unsupported); and (d) Using a barricade to discharge the long gun from at least one of the above firing positions | | | | (7) Stress | To simulate stress when qualifying on Type 1, 2, or 3 long gun, the individual shall perform physical exercise before firing from at least one position listed in this table under the firing positions (No. 6 in this table). | Optional | | |

B. Automatic Firing Long Gun.

(1) If a long gun is capable of discharging more than a single round of ammunition with a single pull of the trigger, entrance-level long gun qualification requires the individual to discharge additional rounds of ammunition in the automatic mode from a distance of 3 to 10 yards at a separate target.

(2) The number of additional rounds of ammunition for a:

(a) Type 1 long gun is 5; and

(b) Type 2 or 3 long gun is 20.

(3) Successful completion requires a minimum score of 80 percent on each target.

Cross References

12.10.04.06B(4)

12.10.04.08C(2)(b)

12.10.04.08C(2)(c)

12.10.04.08C(2)(d)

12.10.04.09F(3)

12.10.06.11D(6)(b)

History

Administrative History: Effective date: October 20, 1997 (24:21 Md. R. 1451)
Administrative History: ——————
Administrative History: Regulations .01—.09 repealed and new Regulations .01—.31 adopted effective July 1, 2001 (28:12 Md. R. 1111)
Administrative History: Regulation .20 B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.04.08 Annual Firearms Classroom Instruction, Training, and Qualification Requirements.

A. General Requirements — All Firearms.

(1) During each calendar year, a firearms qualified employee shall successfully complete the following:

(a) Classroom instruction for each firearm type that the firearms qualified employee is authorized to use or carry;

(b) Firearms training for each firearm that the firearms qualified employee is authorized to use or carry; and

(2) Annual Firearms Classroom Instruction.

(a) A firearms qualified employee shall complete a minimum of two hours of firearms classroom instruction as part of the requirements established under this regulation.

(b) Firearms classroom instruction shall include the classroom instruction topics marked with an “X” under Annual Firearms Training in the table under Regulation .10B of this chapter.

(c) The Commission may accept up to 2 hours of a firearms qualified employee’s annual firearms classroom instruction as part of a firearms qualified employee’s annual in-service training required under COMAR 12.10.01.

B. Annual Firearms Training and Qualification Requirements — Handgun.

(1) Required Firearms Training — Handgun.

(a) A firearms qualified employee shall annually discharge a minimum of 30 rounds of ammunition approved by the firearms qualified employee’s employing agency, or the ballistic equivalent, for training with the handgun designated by the firearms qualified employee’s employer for the employee to use or carry.

(b) Training drills to improve the firearms qualified employee’s skills may be incorporated into a course of fire.

(2) Course of Fire for Qualification — Handgun.

(a) For each handgun a firearms qualified employee is authorized to use or carry, with one finger on the trigger the firearms qualified employee shall discharge a minimum of 30 rounds of ammunition using ammunition authorized by the firearms qualified employee’s employer, or the ballistic equivalent, on each of the following:

(i) One day-fire course of fire; and

(ii) One reduced light course of fire.

(b) Firearms qualified employee annual course of fire for qualification consists of requirements 3—10 in the Course of Fire Requirements for Handgun table under Regulation .05 of this chapter.

(c) A minimum score of 70 percent is required on both a day-fire and a reduced light course of fire for qualification for each handgun for which annual certification renewal is required for a firearms qualified employee by COMAR 12.10.01.

C. Annual Firearms Training and Qualification Requirements — Long Gun.

(1) Firearms training for each long gun a firearms qualified employee is authorized to use or carry consists of demonstrations to familiarize a firearms qualified employee with the nomenclature, operation, safety, care, and cleaning of the specific long gun type.

(2) Course of Fire for Annual Long Gun Qualification.

(a) During each calendar year, a firearms qualified employee authorized to use or carry a specific type of long gun shall successfully complete the course of fire requirements for qualification for the specific long gun, as described in this subsection.

(b) Type 1 Long Gun Qualification. Annual firearms qualification requires a firearms qualified employee to successfully complete four courses of fire for qualification, one during each quarter of a calendar year, for the specific type of long gun the firearms qualified employee is authorized to use or carry according to the requirements established in the Course of Fire Requirements for Long Gun Qualification table under Regulation .07 of this chapter.

(c) Type 2 and Type 3 Long Gun Qualification. Annual firearms qualification requires a firearms qualified employee to successfully complete two courses of fire for qualification, one during each half of the calendar year, for the specific type of long gun the firearms qualified employee is authorized to use or carry according to the requirements established in the Course of Fire Requirements for Long Gun Qualification table under Regulation .07 of this chapter.

(d) Type 4 Long Gun Qualification. Annual firearms qualification requires a firearms qualified employee to successfully complete one course of fire for qualification, each calendar year, for the specific type of long gun the firearms qualified employee is authorized to use or carry according to the requirements established in the table under Regulation .07A of this chapter.

D. Reporting Firearm Qualification Scores to the Commission. By January 31 of the calendar year immediately following firearms qualification, the employer of a firearms qualified employee shall submit to the Commission the firearms qualified employee’s required firearms qualification score for each firearm the firearms qualified employee is authorized to use or carry.

E. Failure to Meet Commission Annual Firearms Classroom Instruction, Training, and Qualification Requirements.

(1) If a firearms qualified employee fails to successfully complete Commission annual firearms classroom instruction, training, and qualification requirements for an authorized firearm within a calendar year, the firearms qualified employee’s employer:

(a) Shall remove the firearm, or authorization to use or carry the firearm if personally owned, from the firearms qualified employee by January 1 of the next calendar year; and

(b) May not return the firearm to or authorize the firearms qualified employee to use or carry a firearm until the employee successfully completes the appropriate firearms classroom instruction, training, and qualification required under this chapter.

(2) Failure to Qualify with a Firearm.

(a) A firearms qualified employee who fails an annual firearms qualification required under Regulation .08 of this chapter shall successfully complete qualification within:

(i) 30 consecutive calendar days of the initial attempt; and

(ii) The same calendar year as the initial attempt.

(b) If a firearms qualified employee does not successfully meet qualification requirements within the period established under §E(2)(a) of this regulation, the firearms qualified employee’s employer shall immediately:

(i) Report to the Commission the firearms qualified employee's failure to qualify;

(ii) Require the firearms qualified employee to surrender the firearm to the employer, if it was issued by the employer; and

(iii) Withdraw the firearms qualified employee’s authority to use or carry the firearm for which the employee has not successfully met the qualification requirements.

(3) A firearms qualified employee may not use or carry a firearm that has been surrendered or for which authority to carry or use has been withdrawn, except during supervised training to meet the firearms qualified employee’s annual firearms training and qualification for the firearm required under this regulation.

Cross References

12.10.04.03C

History

Administrative History: Effective date: October 20, 1997 (24:21 Md. R. 1451)
Administrative History: ——————
Administrative History: Regulations .01—.09 repealed and new Regulations .01—.31 adopted effective July 1, 2001 (28:12 Md. R. 1111)
Administrative History: Regulation .20 B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.04.09 Firearms Conversion — Classroom Instruction, Training, and Qualification.

A. A firearms qualified employee who has successfully completed entrance-level firearms classroom instruction, training, and qualification for a specific type of firearm and is required or requesting to use or carry a firearm of a different type shall successfully complete:

(1) Firearms conversion classroom instruction, training, and qualification requirements established under this regulation for the different firearm type; or

(2) Entrance-level classroom instruction, training, and qualification established under this chapter for the different firearm.

B. A firearms qualified employee shall successfully complete firearms conversion requirements under this regulation before being authorized to use or carry a different type of firearm if the firearms qualified employee is currently authorized to use or carry a:

(1) Handgun type and is seeking authorization to use or carry a handgun of a different type;

(2) Type 1 long gun, and is seeking authorization to use or carry a Type 2 or 3 long gun; or

(3) Type 2 long gun, and is seeking authorization to use or carry a Type 3 long gun.

C. Firearms Conversion Classroom Instruction, Training, and Qualification for Handgun and Long Gun within the Same Type.

(1) Except for provisions under §C(2) of this regulation, a firearms qualified employee is not required to complete firearms conversion classroom instruction, training, and qualification under this regulation before the firearms qualified employee is authorized to use or carry a handgun or a long gun that is the same type that the firearms qualified employee is currently authorized to use or carry.

(2) A firearms qualified employee is required to complete firearms conversion classroom instruction, training, and qualification under this regulation before the firearms qualified employee is authorized to use or carry a handgun or a long gun that is the same type that the firearms qualified employee is currently authorized to use or carry if the firearms qualified employee’s employer determines:

(a) There is a difference in operation between the firearms; and

(b) Conversion classroom instruction, training, and qualification are warranted to ensure safe and effective use of the firearm.

D. Handgun Conversion — Classroom Instruction, Training, and Qualification.

(1) If a firearms qualified employee is required to complete conversion classroom instruction, training, and qualification according to §B or C(2) of this regulation, the firearms qualified employee shall successfully complete:

(a) For a different type handgun, the classroom instruction topics marked with an “X” for Handgun Conversion Training — Different Type Handgun in the table under Regulation .10B of this chapter; or

(2) Course of Fire.

(a) If a firearms qualified employee is required to complete firearms conversion classroom instruction, training, and qualification according to §B or C(2) of this regulation, with one finger on the trigger the firearms qualified employee shall discharge a minimum of 30 rounds of ammunition for each course of fire required for conversion qualification.

(b) Ammunition used for a required course of fire for conversion qualification shall be ammunition that is:

(i) Authorized by the firearms qualified employee’s employer; or

(ii) The ballistic equivalent of the ammunition authorized by the firearms qualified employee’s employer.

(c) The required course of fire for firearms conversion qualification shall be completed according to requirements 3 through 10 of the table under Regulation .05 of this chapter.

(3) The following are minimum requirements for firearms classroom instruction, training, and qualification for handgun conversion:

| Type of Requirement | Conversion for Different Handgun Type | Conversion within Handgun Type | | --- | --- | --- | | (1) Total minimum hours of classroom instruction, training, and qualification | 14 hours | 7 hours | | (2) Training drill topics | (a) Reinforcement of the fundamentals of shooting; (b) Reloading techniques; and (c) Clearing malfunctions | | | (3) Minimum number of training rounds to be discharged at a target | 400 rounds | 200 rounds | | (4) Minimum passing score for each required qualification course of fire | 70 percent for each of one day-fire and one reduced light course of fire | |

E. Long Gun Authorization for which Conversion Training is Permitted.

(1) Before a firearms qualified employee may participate in firearms conversion classroom instruction, training, and qualification for a long gun, the firearms qualified employee shall currently be authorized to use or carry a:

(a) Type 1 long gun, if conversion is for another Type 1 long gun, a type 2 long gun, or a type 3 long gun;

(b) Type 2 long gun, if conversion is for another Type 2 long gun or a type 3 long gun; or

(2) A firearms qualified employee converting from one type of long gun to another type of long gun not listed under §E(1) of this regulation shall successfully complete entrance-level firearms classroom instruction, training, and qualification for the long gun to which the firearms qualified employee is converting.

F. Long Gun Conversion — Firearms Classroom Instruction, Training, and Qualification.

(1) Long gun conversion classroom instruction shall, at a minimum, include the Classroom Instruction Topics marked with an “X” under Firearms Conversion Training — Long Gun in the table under Regulation .10B of this chapter.

(2) Long gun conversion firearms classroom instruction, training, and qualification shall, at a minimum, meet the applicable criteria in the following table:

(3) The course of fire for long gun conversion qualification shall meet the requirements specified for the type of long gun established in the table under Regulation .07A of this chapter.

G. Crediting Firearms Conversion Classroom Instruction, Training, and Qualification Toward Annual Training.

(1) A firearms qualified employee’s employer may use the following conversion training toward a firearms qualified employee’s annual firearms classroom instruction, training, and qualification requirements for the specific firearm used in the conversion training conducted in the same calendar year:

(a) One day-fire conversion qualification score; and

(b) One reduced light conversion qualification score.

(2) If firearms conversion classroom instruction is less than 14 hours, a firearms qualified employee’s employer may use a maximum of 2 hours of the firearms conversion classroom instruction toward meeting a firearms qualified employee’s annual firearms classroom instruction requirements in the same calendar year the conversion training was conducted.

(3) If firearms conversion classroom instruction is 14 hours or more, a firearms qualified employee’s employer may use a maximum of 6 hours of the firearms conversion classroom instruction toward meeting a firearms qualified employee’s annual firearms classroom instruction requirements for the same calendar year the conversion training was conducted.

Cross References

12.10.04.03A(4)(a)

History

Administrative History: Effective date: October 20, 1997 (24:21 Md. R. 1451)
Administrative History: ——————
Administrative History: Regulations .01—.09 repealed and new Regulations .01—.31 adopted effective July 1, 2001 (28:12 Md. R. 1111)
Administrative History: Regulation .20 B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.04.10 Firearms Classroom Instruction Requirements.

A. The table in §B of this regulation establishes minimum required firearms classroom instruction topics.

B. An “X” in the following table indicates that the corresponding firearms classroom instruction topic is required for the specified type of training:

| Classroom Instruction Topics | Entrance-Level Handgun Training | Entrance-Level Long Gun Training | Annual Firearms Training | Handgun Conversion Training-Different Type Handgun | Handgun Conversion Training-Within a Handgun Type | Firearms Conversion Training-Long Gun | | --- | --- | --- | --- | --- | --- | --- | | (1) Legal aspects in the use of firearms | X | X | X | | | | | (2) Nomenclature relevant to the firearm for which the training is being given | X | X | X | X | X | X | | (3) Care and cleaning of the firearm for which the training is being given | X | X | X | X | X | X | | (4) Safe handling and safe storage of firearms | X | X | X | | | | | (5) Fundamentals of marksmanship and shooting related to the firearm | X | X | X | | | | | (6) Explanations and reasons for a qualification course of fire | X | | X | | | | | (7) Ballistic properties, if applicable | X | X | X | X | X | X | | (8) Potential situations for which the long gun is intended | | X | | | | | | (9) Unusual characteristics | | X | | | | | | (10) Optical sighting devices, where applicable | | X | | | | X | | (11) Reduced light firing techniques | X | | X | | | | | (12) Mechanical Operation of the firearm | X | X | | X | X | X | | (13) Malfunction causes and clearing | X | X | X | X | X | X |

C. Legal aspects in the use of firearms, at a minimum, shall include:

(1) Rules for the use of deadly force;

(2) Alternatives to the use of deadly force;

(3) Emotional, mental, and psychological preparation needed for the possibility of a deadly force shooting situation;

(4) Judgmental or decision training on the use of deadly force; and

(5) Criminal, civil, and administrative liability for misuse of deadly force.

D. Safe handling and safe storage of firearms, at a minimum, shall address safe handling and safe storage in the following settings:

(1) At home;

(2) In a correctional or detention facility;

(3) On the firing line; and

(4) In the course of official duties.

Cross References

12.10.04.04B(2)

12.10.04.06B(1)

12.10.04.08A(2)(b)

12.10.04.09D(1)(a)

12.10.04.09D(1)(b)

12.10.04.09F(1)

History

Administrative History: Effective date: October 20, 1997 (24:21 Md. R. 1451)
Administrative History: ——————
Administrative History: Regulations .01—.09 repealed and new Regulations .01—.31 adopted effective July 1, 2001 (28:12 Md. R. 1111)
Administrative History: Regulation .20 B, C amended effective September 29, 2003 (30:19 Md. R. 1333)
Administrative History: ——————
Administrative History: Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

12.10.05 Electronic Control Device Training

COMAR 12.10.05.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Annual in-service training curriculum” means a course of study approved by the Commission that meets the requirements established for electronic control device classroom instruction, written examination, and practical exercise and is conducted as part of mandated employee in-service training and firearms qualification under COMAR 12.10.01.16.

(2) “Commission” means the Correctional Training Commission or a representative authorized to act on behalf of the Commission.

(3) “Correctional officer” has the meaning stated in Correctional Services Article, §8-201, Annotated Code of Maryland.

(4) “Correctional unit” has the meaning stated in Correctional Services Article, §8-201, Annotated Code of Maryland.

(5) “Electronic control device” has the meaning stated in Criminal Law Article, §4-109, Annotated Code of Maryland.

(6) “Initial training course curriculum” means a course of study approved by the Commission that meets the requirements established for electronic control device classroom instruction, written examination, and practical exercise that an individual shall successfully complete before the individual may be authorized to carry or use an electronic control device.

History

Administrative History: Effective date: January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .01B amended effective September 6, 2010 (37:18 Md. R. 1214); January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .02A amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .06 repealed effective September 2, 2013 (40:17 Md. R. 1420)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article §3-207; Annotated Code of Maryland

COMAR 12.10.05.02 Minimum Requirements.

A. This chapter establishes minimum correctional officer training requirements related to the use of an electronic control device.

B. A correctional unit may adopt correctional officer training requirements related to use of an electronic control device in addition to Commission requirements under this chapter.

C. A correctional officer may not carry or use an electronic control device as part of the correctional officer's official duties before the correctional officer's correctional unit has:

(1) Approved each specific manufacturer's model of an electronic control device used as part of the correctional officer's duties;

(2) Certified to the Commission, on forms or in a manner determined by the Commission, that the correctional officer has successfully completed Commission training requirements established under this chapter for each specific manufacturer's model of an electronic control device approved by the correctional unit, which, at a minimum, include:

(a) Classroom instruction;

(b) A written examination; and

(c) Practical exercises demonstrating proficiency in the use of the specific manufacturer's model of an electronic control device; and

(3) Determined that the correctional officer has received adequate training demonstrating the ability to safely and effectively use each specific manufacturer's model of an electronic control device the correctional officer is authorized to carry or use.

History

Administrative History: Effective date: January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .01B amended effective September 6, 2010 (37:18 Md. R. 1214); January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .02A amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .06 repealed effective September 2, 2013 (40:17 Md. R. 1420)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article §3-207; Annotated Code of Maryland

COMAR 12.10.05.03 Correctional Officer Electronic Control Device Initial Training Course Curriculum.

A. A correctional officer is not required to complete an electronic control device initial training course curriculum under this regulation if:

(1) The correctional officer's authorization to use a specific manufacturer's model of an electronic control device is in effect on September 30, 2009 and the correctional unit has determined the correctional officer has:

(a) Received adequate training on the specific manufacturer's model of an electronic control device; and

(b) Demonstrated the ability to safely and effectively use the specific manufacturer's model of an electronic control device; or

(2) The correctional officer has been authorized to carry or use a specific manufacturer's model of an electronic control device under §A(1) of this regulation and is seeking authorization to carry or use a different manufacturer's model of an electronic control device that the correctional officer's correctional unit has approved and determined:

(a) There are no significant operational differences between the current and new manufacturer's model of an electronic control device; or

(b) That the correctional officer has:

(i) Received adequate training; and

(ii) Demonstrated the ability to safely and effectively use the new manufacturer's model of an electronic control device.

B. Except under §A of this regulation, a correctional officer shall successfully complete a Commission-approved initial training course curriculum for the specific manufacturer's model of an electronic control device before the officer is authorized to carry or use a specific manufacturer's model of an electronic control device as part of the correctional officer's official duties.

C. A correctional officer is required to complete an initial training course curriculum if after successfully completing an initial training course curriculum, the correctional officer has not been authorized to carry or use the specific manufacturer's model of an electronic control device:

(1) Within 2 years of completing an initial training course curriculum for the specific manufacturer's model of an electronic control device; or

(2) For 2 or more years and the correctional officer has not met the annual in-service training curriculum requirement for the specific manufacturer's model of an electronic control device under Regulation .04 of this chapter.

D. Initial training course curriculum requirements may be completed:

(1) As part of correctional officer entrance-level training under COMAR 12.10.01.09; or

(2) Independent of correctional officer entrance-level training.

History

Administrative History: Effective date: January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .01B amended effective September 6, 2010 (37:18 Md. R. 1214); January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .02A amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .06 repealed effective September 2, 2013 (40:17 Md. R. 1420)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article §3-207; Annotated Code of Maryland

COMAR 12.10.05.04 Electronic Control Device Annual In-Service Training Curriculum.

A. A correctional officer authorized to use or carry a specific manufacturer's model of an electronic control device shall successfully complete annual in-service training curriculum for the specific manufacturer's model of an electronic control device.

B. A correctional officer who successfully completes an initial training course curriculum for a specific manufacturer's model of an electronic control device during a calendar year is not required to complete an annual in-service training curriculum for the same specific manufacturer's model of an electronic control device until the next calendar year.

Cross References

12.10.05.03C(2)

History

Administrative History: Effective date: January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .01B amended effective September 6, 2010 (37:18 Md. R. 1214); January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .02A amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .06 repealed effective September 2, 2013 (40:17 Md. R. 1420)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article §3-207; Annotated Code of Maryland

COMAR 12.10.05.05 Electronic Control Device Training Content Requirements.

A. Minimum Commission-Approved Classroom Instruction Requirements.

(1) Only a Commission-certified electronic control device instructor may conduct Commission-approved electronic control device classroom training.

(2) Initial training course curriculum and annual in-service curriculum electronic control device classroom instruction, at a minimum, shall include the following topics related to the specific manufacturer's model of an electronic control device for which the correctional officer is to be authorized to carry or use:

(a) Electronic control device:

(i) Nomenclature;

(ii) Characteristics;

(iii) Capabilities;

(iv) Limitations;

(v) Maintenance; and

(vi) Operational principles and technology; and

(b) Proper electronic control device use addressing:

(i) Correctional unit policy and procedures;

(ii) Agency and other protocols;

(iii) Judgment and decision making;

(iv) Legal considerations;

(v) Physiological and psychological effects;

(vi) Target zones;

(vii) Side effects and individuals with an elevated risk;

(viii) After-care measures;

(ix) Defensive measures;

(x) Potential collateral occurrences; and

(xi) Safety of transport, storage, and use.

(3) A correctional officer shall achieve a minimum passing score of 70 percent on a written examination that tests a correctional officer's comprehension of the topics required under §A(2) of this regulation.

B. Minimum Commission-Approved Practical Exercise Requirements.

(1) Only a Commission-certified electronic control device instructor may conduct Commission-approved electronic control device practical exercises.

(2) Initial and annual in-service electronic control device practical exercise, at a minimum, requires that a correctional officer demonstrate skills related to the proper use of the specific manufacturer's model of an electronic control device the correctional officer carries or uses as part of official duties.

(3) If applicable to the specific manufacturer's model of an electronic control device, a correctional officer, at a minimum, shall demonstrate proficiency related to:

(a) Operational and functionality checks of the device;

(b) Transition between a firearm and other tactical equipment and the electronic control device;

(d) Loading and reloading;

(e) Restraint of an individual subjected to the device; and

(f) Discharge, if the device is capable of discharging a projectile.

(4) Discharge Requirement.

(a) During an initial training course curriculum with the specific manufacturer's model of an electronic control device, each correctional officer shall discharge the device.

(b) During annual in-service training curriculum with the specific manufacturer's model of an electronic control device, the discharge requirement may be met by the instructor discharging the device to demonstrate to two or more correctional officers, rather than each correctional officer personally discharging the device.

History

Administrative History: Effective date: January 1, 2010 (36:26 Md. R. 1996)
Administrative History: Regulation .01B amended effective September 6, 2010 (37:18 Md. R. 1214); January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .02A amended effective December 11, 2014 (41:24 Md. R. 1428)
Administrative History: Regulation .02B amended effective February 17, 2014 (41:3 Md. R. 202)
Administrative History: Regulation .06 repealed effective September 2, 2013 (40:17 Md. R. 1420)
Authority: Correctional Services Article, §§2-109 and 8-208; Public Safety Article §3-207; Annotated Code of Maryland

12.10.06 Instructor Training and Certification

COMAR 12.10.06.01 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Commission” means the Maryland Correctional Training Commission or a representative authorized to act on behalf of the Commission.

(2) “Correctional unit” has the meaning stated in Correctional Services Article, §8-201, Annotated Code of Maryland.

(3) Course of Fire.

(a) “Course of fire” means a sequence of activities related to the actual discharge of a firearm on a firing line for training or qualification.

(b) “Course of fire” does not include firearm classroom instruction.

(4) “Day fire” has the meaning stated under COMAR 12.10.04.02.

(5) “Department of Juvenile Services” means the State agency established under Human Services Article, §9-201, Annotated Code of Maryland.

(6) “Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or the Deputy Director’s designee.

(7) “Executive Director” means the Executive Director of the Police and Correctional Training Commissions.

(8) “Firearm” means a pistol, revolver, or long gun.

(9) Firearm Classroom Instruction.

(a) “Firearm classroom instruction” means training conducted in a traditional educational setting; for example, in a room with desks, chairs, books, paper, and other educational tools or equipment.

(b) “Firearm classroom instruction” does not include training conducted on a firing line.

(10) “Firing line” means an area and position from which an individual actually discharges a firearm with live ammunition for firearms training or qualification, or both, as part of a course of fire.

(11) Firearms Training.

(a) “Firearms training” means a demonstration or an exercise, in addition to firearm classroom instruction, that is provided:

(i) By an individual certified under Regulation .11 of this chapter or COMAR 12.04.06 to perform firearm classroom instruction, conduct firearms training or qualification; and

(b) “Firearms training” may include drills that involve discharging rounds of ammunition.

(12) “Firearm type” means:

(a) The following handguns:

(i) Revolver; or

(ii) Pistol; and

(b) The following long guns:

(i) Shotgun; or

(ii) Long gun other than a shotgun.

(13) Handgun.

(a) “Handgun” has the meaning stated in Public Safety Article, §5-101, Annotated Code of Maryland.

(b) “Handgun” includes a:

(i) Pistol; and

(ii) Revolver.

(14) Inactive Status.

(a) “Inactive status” means a situation in which an individual, who continues to be employed by or under the supervision of a correctional unit, academy certified under COMAR 12.10.01.14, or the Department of Juvenile Services, is temporarily relieved of duties with the correctional unit, academy certified under COMAR 12.10.01.14, or Department of Juvenile Services for 30 consecutive days or more for:

(i) A medical or administrative reason that prevents the individual from completing Commission-required training; or

(ii) The purpose of suspending Commission-required training.

(b) “Inactive status” does not affect an individual’s instructor certification or eligibility for provisional certification or certification.

(15) “Judgmental or decision training” means instruction and skills development conducted in the classroom, using firearms simulation, or on a firing line, to enable an individual to:

(a) Differentiate between threat levels; and

(b) Respond appropriately to an identified threat.

(16) Optical Sighting Device.

(a) “Optical sighting device” means a mechanism that assists an individual in sighting a firearm.

(b) “Optical sighting device” does not include an iron sight.

(17) “Pistol” means a handgun that operates semi-automatically:

(a) Discharging a single round of ammunition with a pull of the trigger;

(b) Clearing the chamber of the spent casing; and

(18) “Power” means a measurement used to describe levels of visual magnification, with a number representing the level of magnification above the normal visual range.

(19) “Qualification” as used in Regulations .11, .14, and .15 of this chapter means proficiency testing by discharging a firearm on a Commission-approved course of fire to receive a score that the Commission measures against established requirements to determine if the individual meets provisions required under this chapter for certification as a Firearms Provisional Instructor, Line Instructor, or Firearms Instructor.

(20) Reduced Light.

(a) “Reduced light” means the normal outdoor lighting conditions that exist between dusk and dawn.

(b) “Reduced light” includes simulated natural outdoor lighting conditions such as:

(i) Artificial light; or

(ii) Goggles, headgear, or an apparatus worn to cover the eyes designed to reduce the availability of light to simulate natural reduced lighting conditions.

(21) “Revolver” means a handgun that:

(a) Fires a single round of ammunition with each pull of the trigger; and

(b) Has a cylinder containing additional rounds of ammunition that rotates to position the next round of ammunition for firing.

(22) “Term of certification” means the dates during which an individual’s certification for an instructor classification is in effect.

(23) “Training authority” means an individual of a correctional unit, academy certified under COMAR 12.10.01.14, or the Department of Juvenile Services who is authorized by the correctional unit, academy certified under COMAR 12.10.01.14, or the Department of Juvenile Services to submit under provisions of this chapter an application for any of the following for another individual:

(a) Instructor certification;

(b) Renewal of instructor certification;

(d) Exemption from instructor certification; or

(e) Waiver of certain requirements for instructor certification.

(24) “Training provider” means an entity that has Commission approval to conduct a training course.

(25) “Type 1 long gun” means a long gun with an optical sighting device greater than 4 power intended for use as a counter-sniper firearm.

(26) “Type 2 long gun” means a long gun with an optical sighting device greater than 4 power intended for use other than as a counter-sniper firearm.

(27) “Type 3 long gun” means a long gun without an optical sighting device, or with an optical device of 4 power or less.

(28) Type 4 Long Gun.

(a) “Type 4 long gun” means a long gun manufactured and sold as a shotgun that is designed to discharge a single projectile or multiple projectiles from a single round of ammunition.

(b) “Type 4 long gun” includes a long gun manufactured and sold as a shotgun regardless of the:

(i) Action; or

(ii) Use of an optical sighting device.

History

Administrative History: Effective date: January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .06A amended effective May 26, 2014 (41:10 Md. R. 561)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.06.02 Instructor Certification Classifications.

A. The Commission provides instructor certification in accordance with this chapter for the following instructor classifications:

(1) Academic Provisional Instructor;

(2) Academic Instructor;

(3) Defensive Tactics Provisional Instructor;

(4) Defensive Tactics Instructor;

(5) Electronic Control Device Instructor;

(6) Firearms Provisional Instructor;

(7) Line Instructor; and

(8) Firearms Instructor.

B. Certification Required.

(1) Unless exempt under Regulation .04 of this chapter, an individual who provides instruction for a Commission-approved training course that is credited toward the Commission’s requirements for mandated employee certification under COMAR 12.10 shall be:

(a) Certified by the Commission or the Police Training Commission as an instructor for the type of instruction the individual is providing; and

(b) In compliance with applicable Commission regulations.

Cross References

12.10.06.07E(1)(b)

History

Administrative History: Effective date: January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .06A amended effective May 26, 2014 (41:10 Md. R. 561)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.06.03 Selection Standards and Application.

A. Selection Standards for Instructor Certification. If an application is submitted to the Commission requesting certification of an individual for an instructor classification, at a minimum, the individual shall meet the following standards:

(1) Possess a:

(a) High school diploma issued by a high school or recognized by the State Board of Education; or

(b) General Education Development (GED) certificate or diploma issued by Maryland or other state, or recognized by the State Board of Education.

(2) Be currently employed by or providing instruction under the supervision of:

(a) A correctional unit;

(b) An academy certified under COMAR 12.10.01.14; or

(3) Satisfies requirements of this chapter for the instructor classification for which instructor certification is requested; and

(4) Be in compliance with applicable Commission regulations.

B. Application for Instructor Certification.

(1) An individual applying for instructor certification shall complete and sign a Commission instructor certification application for the requested instructor classification and submit the completed application to the training authority for the correctional unit, academy certified under COMAR 12.10.01.14, or Department of Juvenile Services that:

(a) Employs the individual; or

(b) Supervises where the individual provides instruction.

(2) A training authority may not approve or sign the training authority’s own instructor certification application.

(a) Sign the application and submit the application to the Commission; and

C. Instructor Previously Certified by the Police Training Commission. If an application for instructor certification is submitted to the Commission by a training authority for an individual who was previously certified as an instructor by the Police Training Commission no more than three years before the date of the application, the Commission may certify the individual as an instructor for the instructor classification formerly certified by the Police Training Commission, if the individual meets:

(1) The selection standards under this regulation;

(2) The applicable instructor renewal requirements under Regulation .13 of this chapter; and

(3) Additional criteria that the Commission may require.

Cross References

12.10.06.08A(2)

History

Administrative History: Effective date: January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .06A amended effective May 26, 2014 (41:10 Md. R. 561)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.06.04 Exemptions from Instructor Certification.

Instructor Certification Exemptions.

(1) Defensive tactics training;

(2) Electronic control device training; or

(3) Firearms training.

B. The Deputy Director, upon a written request from a training authority or training provider, may exempt the following from the instructor certification requirements under this chapter:

(2) A faculty member employed by an accredited college or university, for the purpose of providing instruction in the subject matter area for which the faculty member is employed;

(3) A currently certified emergency medical care or advanced first aid instructor, for the purpose of providing instruction related to emergency medical care or first aid; or

(4) Other individual who the Deputy Director determines to possess specialized skills or expertise for the purpose of providing instruction related to those skills or expertise.

C. A training authority may not submit the training authority’s own request for an exemption from instructor certification required under this chapter.

D. An exemption granted to an individual:

(1) Permits the individual receiving the exemption to provide instruction for Commission-approved training for the purpose under §A(2) of this regulation for which the exemption was granted;

(2) Expires upon termination of the certification, license, or employment that is the basis for the exemption; and

(3) May be permanently revoked or temporarily suspended by the Deputy Director, as provided under Regulation .16 of this chapter.

Cross References

12.10.06.02B(1)

12.10.06.16G(1)

12.10.06.16G(3)

History

Administrative History: Effective date: January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .06A amended effective May 26, 2014 (41:10 Md. R. 561)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.06.05 Time Limits — Extension for Inactive Status.

A. The following time limits may be extended by the amount of time that equals the length of time an individual is on inactive status:

(1) The time for completion of an applicant’s evaluations prior to submitting an application for certification or renewal of certification;

(3) The time of an individual’s term of certification; and

(4) The time for completing a required firearms qualification course of fire.

B. Reporting Inactive Status to the Commission.

(1) At the request of an instructor, the training authority shall report the individual’s inactive status to the Commission.

(2) A training authority shall include in the report the date the individual is placed on inactive status and the date the inactive status ends.

History

Administrative History: Effective date: January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .06A amended effective May 26, 2014 (41:10 Md. R. 561)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.06.06 Instructor Evaluation Procedures.

A. An evaluation of an individual required by this chapter for an instructor classification shall be:

(1) Conducted on a separate occasion from other evaluations of the individual who is being evaluated;

(2) Conducted by an individual who meets the requirements of this chapter or COMAR 12.04.06;

(3) Conducted while the individual being evaluated provides instruction for a course that is approved by the Commission or the Police Training Commission;

(4) Based on the personal observations, for a minimum of one hour, of the individual conducting the evaluation; and

(5) Recorded, by the individual conducting the evaluation, on a form approved by the Commission.

B. An individual may not conduct the individual’s own instructor classification evaluation.

C. The Commission may consider an unsatisfactory evaluation or commentary by an evaluator as grounds to deny instructor certification.

Cross References

12.10.06.07E(1)(c)

12.10.06.07E(3)(c)

12.10.06.08B(3)(b)

12.10.06.09B(3)(c)

History

Administrative History: Effective date: January 1, 2013 (39:16 Md. R. 1081)
Administrative History: Regulation .06A amended effective May 26, 2014 (41:10 Md. R. 561)
Authority: Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

COMAR 12.10.06.07 Academic Instructor — Training Program, Evaluation Requirements and Waiver of Training Program.

A. A correctional unit, academy certified under COMAR 12.10.01.14, the Department of Juvenile Services, or training provider may conduct an Academic Instructor training program if the program is approved by the Commission.

B. Not later than 20 working days before the proposed date for the start of an Academic Instructor training program, the correctional unit head, academy training director, Department of Juvenile Services official, or the training provider’s official supervising the Academic Instructor training program shall submit to the Commission the proposed Academic Instructor training program for approval.

C. The following are minimum Academic Instructor training program requirements:

(1) An individual providing the Academic Instructor training shall be an Academic Instructor certified under this chapter or COMAR 12.04.06;

(2) The Academic Instructor training program shall include instruction on the following topics:

(a) An introduction to:

(i) The basic concepts of learning and teaching;

(ii) The role of training in the criminal justice profession; and

(iii) Classroom management techniques;

(b) Effective speech techniques;

(d) Development of training objectives;

(e) Development of testing strategies;

(f) Identification of the purpose of a lesson plan and its components; and

(g) Practical preparation of mock classroom lesson plans.

D. An evaluation required for an Academic Instructor training program shall be conducted by an:

(1) Academic Instructor, if the individual’s application is for Academic Instructor certification; or

(2) Instructor who meets the requirements of this chapter to perform evaluations for the instructor classification for which the individual is applying for certification.

E. Waiver for an Individual to Complete the Academic Instructor Training Program Requirement.