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§ 3-207. General powers and duties of Commission

West's Annotated Code of MarylandPublic SafetyEffective: October 1, 2022

West's Annotated Code of Maryland
Public Safety (Refs & Annos)
Title 3. Law Enforcement (Refs & Annos)
Subtitle 2. Maryland Police Training and Standards Commission (Refs & Annos)
Effective: October 1, 2022
MD Code, Public Safety, § 3-207
Formerly cited as MD CODE Art. 41, § 4-201
§ 3-207. General powers and duties of Commission
Currentness
In general
(a) The Commission has the following powers and duties:
(1) to establish standards for the approval and continuation of approval of schools that conduct police entrance-level and in-service training courses required by the Commission, including State, regional, county, and municipal training schools;
(2) to approve and issue certificates of approval to police training schools;
(3) to inspect police training schools;
(4) to revoke, for cause, the approval or certificate of approval issued to a police training school;
(5) to establish the following for police training schools:
(i) curriculum;
(ii) minimum courses of study;
(iii) attendance requirements;
(iv) eligibility requirements;
(v) equipment and facilities;
(vi) standards of operation; and
(vii) minimum qualifications for instructors;
(6) to require, for entrance-level police training and at least every 3 years for in-service level police training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include special training in, attention to, and study of the application and enforcement of:
(i) the criminal laws concerning rape and sexual offenses, including the sexual abuse and exploitation of children and related evidentiary procedures;
(ii) the criminal laws concerning human trafficking, including services and support available to victims and the rights and appropriate treatment of victims;
(iii) the criminal laws concerning hate crimes, including the recognition of, response to, and reporting of incidents required to be reported under § 2-307 of this article;
(iv) the criminal laws concerning stalking as they pertain to electronic surveillance or tracking, including services available to victims, related prevention methods for victims, and how victims may request additional assistance to identify and preserve digital evidence;
(v) the contact with and treatment of victims of crimes and delinquent acts;
(vi) the notices, services, support, and rights available to victims and victims' representatives under State law; and
(vii) the notification of victims of identity fraud and related crimes of their rights under federal law;
(7) to certify and issue appropriate certificates to qualified instructors for police training schools authorized by the Commission to offer police training programs;
(8) to verify that police officers have satisfactorily completed training programs and issue diplomas to those police officers;
(9) to conduct and operate police training schools authorized by the Commission to offer police training programs;
(10) to make a continuous study of entrance-level and in-service training methods and procedures;
(11) to consult with and accept the cooperation of any recognized federal, State, or municipal law enforcement agency or educational institution;
(12) to consult and cooperate with universities, colleges, and institutions in the State to develop specialized courses of study for police officers in police science and police administration;
(13) to consult and cooperate with other agencies and units of the State concerned with police training;
(14) to develop, with the cooperation of the Office of the Chief Medical Examiner and the Federal Bureau of Investigation, a uniform missing person report form to be available for use by each law enforcement agency of the State on or before October 1, 2008;
(15) to require, for entrance-level police training and annually for in-service level police training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, for police officers who are issued an electronic control device by a law enforcement agency, special training in the proper use of electronic control devices, as defined in § 4-109 of the Criminal Law Article, consistent with established law enforcement standards and federal and State constitutional provisions;
(16) to require, for entrance-level police training and, as determined by the Commission, for in-service level training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, consistent with established law enforcement standards and federal and State constitutional provisions:
(i) training in lifesaving techniques, including Cardiopulmonary Resuscitation (CPR);
(ii) training in the proper level and use of force as set forth in the Maryland Use of Force Statute under § 3-524 of this title;
(iii) training regarding sensitivity to cultural and gender diversity; and
(iv) training regarding individuals with physical, intellectual, developmental, and psychiatric disabilities;
(17) to require, for entrance-level police training and at least every 2 years for in-service level police training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include special training in, attention to, and study of the application of antidiscrimination and use of force de-escalation training;
(18) to develop, with the cooperation of the Office of the Attorney General, the Governor's Office of Crime Prevention, Youth, and Victim Services, and the Federal Trade Commission, a uniform identity fraud reporting form that:
(i) makes transmitted data available on or before October 1, 2011, for use by each law enforcement agency of State and local government; and
(ii) may authorize the data to be transmitted to the Consumer Sentinel program in the Federal Trade Commission;
(19) to adopt and recommend a set of best practices and standards for use of force;
(20) to evaluate and modernize recruitment standards and practices of law enforcement agencies to increase diversity within those law enforcement agencies and develop strategies for recruiting women and African American, Hispanic or Latino, and other minority candidates;
(21) to develop standards for the mandatory psychological consultation with a law enforcement officer who was actively involved in an incident when another person was seriously injured or killed as a result of an accident or a shooting or has returned from combat deployment;
(22) to require:
(i) a statement condemning motorcycle profiling to be included in existing written policies regarding other profiling; and
(ii) for entrance-level police training and for in-service level training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, consistent with established law enforcement standards and federal and State constitutional provisions, training related to motorcycle profiling in conjunction with existing training regarding other profiling;
(23) to perform any other act, including adopting regulations, that is necessary or appropriate to carry out the powers and duties of the Commission under this subtitle; and
(24) to consult and cooperate with commanders of SWAT teams to develop standards for training and deployment of SWAT teams and of law enforcement officers who are not members of a SWAT team who conduct no-knock warrant service in the State based on best practices in the State and nationwide.
Reporting of serious officer-involved incidents and discipline
(b)(1) The Commission shall develop a system by which law enforcement agencies report to the Commission each serious officer-involved incident each year, including for each incident:
(i) the number of officers involved by race, ethnicity, and sex;
(ii) the number of officers disciplined by race, ethnicity, and sex; and
(iii) the type of discipline administered to each officer, by the officer's race, ethnicity, and sex.
(2) The Commission shall annually summarize the information submitted by law enforcement agencies and:
(i) post the summary, excluding the names of officers and other involved parties, on a website maintained by the Commission; and
(ii) submit the summary to the General Assembly, as provided in § 2-1257 of the State Government Article.
Mental health counseling hotline
(c) In consultation with the Maryland Department of Health, the Commission shall establish a confidential hotline that is available for police officers and other law enforcement personnel to contact and speak with a trained peer law enforcement officer or a mental health professional who may provide initial counseling advice and confidential referral to appropriate services.
Police Complaint Mediation Program
(d) The Commission shall:
(1) establish a Police Complaint Mediation Program to which a law enforcement agency may refer a nonviolent complaint made against a police officer out of the standard complaint process;
(2) refer a complaint referred to the Program to voluntary mediation conducted by an independent mediation service; and
(3) adopt regulations to implement the Program, including criteria concerning eligibility for referral of complaints.
Community policing program
(e)(1) The Commission shall develop best practices for the establishment and implementation of a community policing program in each jurisdiction.
(2) The Commission shall develop a system by which each local law enforcement agency annually files a detailed description of the law enforcement agency's community policing program.
(3) The Commission shall annually:
(i) review each community policing program filed in accordance with § 3-517 of this title; and
(ii) provide each agency with any comments that the Commission has to improve the agency's community policing program.
Uniform citizen complaint process
(f)(1) The Commission shall develop a uniform citizen complaint process to be followed by each law enforcement agency.
(2) The uniform complaint process shall:
(i) be simple;
(ii) require that a complainant be informed of the final disposition of the complainant's complaint and any discipline imposed as a result; and
(iii) be posted on the websites of the Commission and each law enforcement agency.
Training program for prospective hearing board members
(g) The Commission shall develop and administer:
(1) a training program on matters relating to police procedures for individuals who intend to qualify to participate as a member of a trial board or administrative charging committee under Subtitle 1 of this title; and
(2) a training program on matters relating to police training and standards for citizens who are appointed to serve as members of the Commission.
Distribution of the victim’s representation notification form
(h) The Commission shall distribute the victim's representation notification form developed by the Governor's Office of Crime Prevention, Youth, and Victim Services under § 12-206.1(e) of the Transportation Article to each law enforcement agency in the State.
Training and certification curriculum for investigating compliance with court orders to surrender regulated firearms, rifles, and shotguns
(i) The Commission, in consultation with the Maryland State's Attorneys' Association, shall develop and maintain a uniform, statewide training and certification curriculum to ensure use of best practices in investigating compliance with court orders to surrender regulated firearms, rifles, and shotguns under § 6-234 of the Criminal Procedure Article.
Role-playing exercises to ensure the use of best practices in the issuance of citations in lieu of arrest
(j) The Commission, in consultation with the Anne Arundel County Police Academy, shall develop and maintain a uniform statewide training and certification curriculum that includes role-playing exercises to ensure the use of best practices in the issuance of citations in lieu of arrest.
Holding law enforcement agencies accountable for violations of Use of Force Statute
(k) The Commission shall:
(1) hold law enforcement agencies accountable for violations of the Use of Force Statute under § 3-524 of this title; and
(2) work with the Comptroller and the Governor's Office of Crime Prevention, Youth, and Victim Services to ensure that State grant funding is withheld from a law enforcement agency that violates the Use of Force Statute under § 3-524 of this title.
Develop testing and training for implicit bias for all law enforcement agencies
(l) The Commission shall:
(1) develop a test and training for implicit bias, subject to the availability of implicit bias testing standards that are generally accepted by experts in the field of police psychology;
(2) require all law enforcement agencies to use the implicit bias test in the hiring process;
(3) require all new police officers to complete implicit bias testing and training; and
(4) require all incumbent police officers to undergo implicit bias testing and training on an annual basis.

Credits

Added by Acts 2003, c. 5, § 2, eff. Oct. 1, 2003. Amended by Acts 2006, c. 485, § 1, eff. Oct. 1, 2006; Acts 2009, c. 320, § 1, eff. Oct. 1, 2009; Acts 2009, c. 321, § 1, eff. Oct. 1, 2009; Acts 2010, c. 107, § 1, eff. Oct. 1, 2010; Acts 2010, c. 108, § 1, eff. Oct. 1, 2010; Acts 2010, c. 351, § 1, eff. Oct. 1, 2010; Acts 2010, c. 352, § 1, eff. Oct. 1, 2010; Acts 2014, c. 221, § 1, eff. Oct. 1, 2014; Acts 2016, c. 519, § 1, eff. Oct. 1, 2016; Acts 2016, c. 542, § 2, eff. Oct. 1, 2016; Acts 2017, c. 644, § 1, eff. Oct. 1, 2017; Acts 2017, c. 645, § 1, eff. Oct. 1, 2017; Acts 2017, c. 702, § 1, eff. Oct. 1, 2017; Acts 2017, c. 802, § 1, eff. Oct. 1, 2017; Acts 2017, c. 803, § 1, eff. Oct. 1, 2017; Acts 2018, c. 251, § 1, eff. Oct. 1, 2018; Acts 2018, c. 671, § 1, eff. July 1, 2018; Acts 2019, c. 8, § 5; Acts 2020, c. 11, § 1, eff. March 7, 2020; Acts 2020, c. 237, § 1, eff. Oct. 1, 2020; Acts 2020, c. 238, § 1, eff. Oct. 1, 2020; Acts 2021, c. 59, § 4, eff. July 1, 2022; Acts 2021, c. 370, § 1, eff. Oct. 1, 2021; Acts 2021, c. 371, § 1, eff. Oct. 1, 2021; Acts 2022, c. 383, § 1, eff. Oct. 1, 2022; Acts 2022, c. 508, § 1, eff. July 1, 2022.
MD Code, Public Safety, § 3-207, MD PUBLIC SAFETY § 3-207
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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