The Department has the general duty to safeguard the lives and safety of all persons in the State, to protect property, and to assist in securing to all persons the equal protection of the laws. Specifically, this duty includes the responsibility to: preserve the public peace; detect and prevent the commission of crime; enforce the laws and ordinances of the State, counties, and municipal corporations; apprehend and arrest criminals and those who violate or are lawfully accused of violating the laws and ordinances of the State, counties, and municipal corporations; preserve order at public places; maintain the safe and orderly flow of traffic on public streets and highways; cooperate with and assist law enforcement agencies in carrying out their respective duties; investigate any death of an incarcerated individual suspected to be a homicide within or outside a correctional facility as provided in § 9–602.1 of the Correctional Services Article; and discharge the duties and responsibilities of the Department with the dignity and in a manner that will inspire public confidence and respect. The Department shall: administer the laws that relate to: the sales of pistols and revolvers; the licensing and supervision of private detective agencies; the certification of private detectives and security guards; the registration of eavesdropping or wiretapping devices; and the inspection of classes of motor vehicles as provided elsewhere in the Code; and perform any other duty that may be assigned by the General Assembly.

The powers and duties of the Department with respect to law enforcement are supplemental to and concurrent with similar powers and duties conferred by law on other law enforcement agencies of the State in their respective jurisdictions. Technological developments, changes in the population and economy of the State, and other factors directly related to proper law enforcement require effective cooperation among all law enforcement agencies in order to provide: efficient utilization of equipment, personnel, and information; and prompt means of collection, analysis, and dissemination of information relevant to the duties of the law enforcement agencies. The duties imposed on the Department by this title: shall promote effective cooperation among law enforcement agencies; and do not limit the powers or responsibilities of any other law enforcement agency or make any other law enforcement agency subject to the supervision of the Department.

As provided in the State budget, the Department shall make its training facilities available to any law enforcement agency of the State and to the Police Training and Standards Commission to the extent that the training facilities and employees of the Department are available. The Secretary shall adopt rules to govern: the extent to which the training facilities of the Department may be used; the course of training; and the qualifications of individuals who will use the training facilities.

The Department may permit a law enforcement agency of the State or a State unit to connect with and use a computer or communication system established by the Department for statewide use including: a voice communication system; a data communication system; a message switching system; the Maryland Interagency Law Enforcement System (MILES); the National Crime Information Center (NCIC); and the National Law Enforcement Telecommunications System (NLETS). The connection with and use of a computer or communication system under this section is subject to rules adopted by the Secretary to: promote the purposes of this title; ensure the effective, economical, and efficient utilization of the entire system; and prevent interference with the law enforcement duties of the Department. Violation of a rule adopted under this subsection is a sufficient basis to withdraw permission to connect with and use the computer or communication system. Except as provided in paragraph (2) of this subsection, as provided in the State budget, the State shall pay the cost of rental of the computer and communication equipment and the circuitry necessary for the equipment under this section. A law enforcement agency that uses the Department’s computer or communication system shall pay the costs of supplies and other charges for the rental or purchase of terminal devices and the circuitry necessary to connect with the Department’s computer or communication system.

In this section the following words have the meanings indicated. “Civil child support warrant” means any of the following, when issued for the enforcement of a child support order: an arrest warrant; a bench warrant; a body attachment issued by a circuit court; or a warrant for failure to appear. “Civil protective order” means: a temporary ex parte order issued under § 4-505 of the Family Law Article; a protective order issued under § 4-506 of the Family Law Article; or an order for protection, as defined in § 4-508.1 of the Family Law Article, issued by a court of another state or a Native American tribe and filed with the District Court or a circuit court under § 4-508.1 of the Family Law Article. “System” means the Maryland Interagency Law Enforcement System. The Department shall: cooperate with local child support enforcement offices and law enforcement agencies to receive, accept, and incorporate civil child support warrants in the System; and cooperate with the Administrative Office of the Courts, the Chief Clerk of the District Court of Maryland, and the clerks of the circuit courts to receive, accept, and incorporate civil protective orders in the System. Local child support enforcement offices and appropriate local law enforcement agencies shall be responsible for entry, maintenance, and prompt validation of civil child support warrants in the System in accordance with procedures adopted by the Department. The clerks of the courts and appropriate local law enforcement agencies shall be responsible for entry, maintenance, and prompt validation of civil protective orders in the System in accordance with procedures adopted by the Department. A judge or law enforcement agency or officer may access the System to determine the status of: an outstanding civil child support warrant issued by a court of the State; an outstanding civil protective order issued by a court of the State; and an outstanding civil protective order issued by a court of another state or an Indian tribe and filed with the District Court or a circuit court.

The Department shall collect, analyze, and disseminate information about the occurrence of motor vehicle accidents in the State. The Motor Vehicle Administration, State Highway Administration, State Postmortem Examiners Commission, commissions concerned with highway safety, and law enforcement agencies of the State shall provide information about the occurrence of motor vehicle accidents in the State to the Department at the times and in the form that the Secretary requires by rule.

The Department shall collect, analyze, and disseminate: information about the incidence of crime in the State; and information, including race and sex, on the total number of law enforcement employees, de–identified and disaggregated by: position for civilian employees; and rank for sworn employees. Each law enforcement agency shall provide the Department with the information described in paragraph (1) of this subsection in the format that the Secretary requires. The Department shall collect and analyze information about incidents apparently directed against an individual or group because of race, color, religious beliefs, sexual orientation, gender, disability, national origin, or homelessness. Each local law enforcement agency and the State Fire Marshal shall provide the Department with the information described in paragraph (1) of this subsection. The Department shall adopt procedures for the collection and analysis of the information described in paragraph (1) of this subsection. The Department shall make quarterly reports to the Commission on Civil Rights about the information described in paragraph (1) of this subsection.

Any information, records, or statistics collected under this subtitle shall be available for use by any agency or unit required to provide information to the Department. By rule, the Secretary may establish conditions for the use or availability of the information described in paragraph (1) of this subsection as necessary: to preserve the information; to protect any confidential information; or because of a pending prosecution. The Department: shall periodically publish statistics on the incidence of crime in the State; and at least monthly shall publish statistics about the occurrence and cause of all motor vehicle accidents in the State. A statistical report on the incidence of crime published under this subsection may not name or otherwise identify a particular known or suspected offender. The Department shall distribute the reports required by this subsection to: each agency or unit that contributed information contained in the reports; the press; and any other interested person. By rule, the Secretary may establish conditions under which reports of specific motor vehicle accidents may be made available on request to the public. The fee for conducting a document search is $4. The Department shall apply the money received from conducting document searches to the cost of providing this service.

In any report issued under § 2-308 of this subtitle, the Department may include recommendations to the Governor, the Secretary of Public Safety and Correctional Services, and, subject to § 2-1257 of the State Government Article, the General Assembly for legislation that the report indicates is necessary or desirable to promote traffic safety or reduce crime or otherwise to ensure proper law enforcement.

Unless sufficient facilities are not available, the managing official of a correctional facility shall receive and confine an individual arrested by a police employee without warrant or on warrant from a county. An individual confined under subsection (a) of this section: is deemed to be in the custody of the Department; and shall remain confined until a court of competent jurisdiction issues a warrant or other process, or the individual is returned to the county. Before the issuance of a warrant or process, an individual confined under subsection (a) of this section may be released only to and on written order of a police employee. This section does not abridge the right of an individual to be taken before a judicial officer of the State promptly after arrest. The managing official of a correctional facility in which an individual is confined under this section, shall notify the State’s Attorney immediately if the individual is confined for more than 12 hours.

This section does not apply to personal property purchased or otherwise acquired for use by the Department or to contraband. This section does not apply to personal property retained by the Department for use as evidence in a criminal prosecution. This section does not supersede the provisions for seizure and forfeiture contained in Titles 12 and 13 of the Criminal Procedure Article. Except as provided in paragraph (2) of this subsection, the Department shall hold personal property that comes into the possession of the Department until the Department determines that the property is no longer needed in connection with a prosecution. Personal property that is used as evidence in a criminal prosecution shall be retained by the Department in the same manner as other evidence retained by the Department. After the Department determines that personal property is no longer needed in connection with a prosecution, the Department shall deliver the property to the person who satisfactorily establishes the right to possession of the property and gives a proper receipt for the property. At any time after personal property has been in the possession of the Department for 3 months and the Department determines that the property is no longer needed in connection with a prosecution, the Department shall: give notice of the sale of the property by registered or certified mail to those persons entitled to its possession and to those lienholders whose names and addresses can be ascertained by the exercise of reasonable diligence; and publish a description of the property and the time, place, and terms of the sale of the property in a newspaper of general circulation in Baltimore City in each of two successive weeks. After complying with the requirements of paragraph (1) of this subsection, the Department may sell the property at public auction. The terms and manner of sale may be established by rule. The certificate of the Department that personal property has been sold under this section is sufficient evidence of title to the property for all purposes, including the right to obtain a certificate of title or registration from an appropriate unit of the State. The amount received from the sale of personal property in accordance with this section shall be distributed in the following order of priority: first, to the Department in an amount equal to the expense of sale and all expenses incurred while the property was in the possession of the Department; second, to lienholders in order of their priority; and third, to the General Fund subject to paragraphs (2) and (3) of this subsection. At any time within 3 years after the date of a sale under this section, a person who submits satisfactory proof of the right to possession of the property shall be paid, without interest, the amount distributed to the General Fund under paragraph (1)(iii) of this subsection. A claim under paragraph (2) of this subsection is barred if more than 3 years have passed since the date of a sale under this section. This section does not create or recognize any cause, action, or defense or abridge any immunity now or in the future held by the Department, the Secretary, or an employee of the Department.

Except as provided in subsection (b) of this section, the Secretary shall charge a fee of $5 per fingerprint card to each individual who requests that the individual be fingerprinted. A fee may not be charged to an individual who is: fingerprinted as a matter of procedure in a law enforcement action; required to have fingerprints retaken because of any fault or error by the Department during the preparation of the fingerprint card; or otherwise declared by the Secretary to be exempt from this section. Subject to the Administrative Procedure Act, the Secretary shall adopt regulations to carry out this section.

Each publicly owned dog used for law enforcement work by the State or a local subdivision of the State shall have a license issued by the Department under this section. A license under this section shall be issued: on the form prepared and provided by the Department; and to the law enforcement officer to whom the licensed dog is assigned. Each license shall: be dated and numbered; state the law enforcement agency to which the dog belongs; and describe the dog that is licensed. A license issued under this section is valid for all dog licensing purposes anywhere in the State. A license issued under this section is in effect until the earlier of: revocation of the license by the Department; and removal of the licensed dog from law enforcement work. The Department shall provide with each license a metal tag that: is stamped “Department of State Police”; and bears the license number of the dog. The tag shall be affixed to a substantial collar to be provided by the law enforcement agency to which the dog belongs. The tag and collar shall be kept on the licensed dog at all times unless the dog is confined in a kennel or is under the personal charge of the law enforcement officer to whom the dog is assigned. The licensing responsibility of this section does not create liability for the Department or its officers or employees for any action of a licensed dog or the law enforcement officer to whom it is assigned.

In this section the following words have the meanings indicated. “Approved rates” means the maximum rates approved by the Department that apply to police–initiated towing and recovery services. “Authorized tow company” means a company providing towing and recovery services at the request of the Department and designated on the tow list. “Heavy–duty towing” means towing and recovery of a vehicle including trailers and semitrailers with a gross vehicle weight rating over 26,000 pounds. “Light–duty towing” means towing and recovery of a vehicle including trailers or semitrailers with a gross vehicle weight rating of 10,000 pounds or less. “Medium–duty towing” means towing and recovery of a vehicle including trailers or semitrailers with a gross vehicle weight rating from over 10,000 pounds to 26,000 pounds. “Per pound billing” means a method of calculating a fee for towing and recovery services using a formula that considers the weight of the vehicle, equipment, or cargo that is the subject of the towing and recovery and multiplies the weight of the vehicle, equipment, or cargo by a monetary amount. “Police–initiated towing” means the towing or recovery of a motor vehicle which was authorized, requested, or dispatched by the Department. “Recovery” means winching, hoisting, up–righting, removing, or otherwise relocating a vehicle when the vehicle is found in a location, state, or position in which it cannot be removed from the location, state, or position using only the vehicle’s own power, even if it were in complete operating condition. “Tow list” means the list of towing businesses authorized by the Department to perform police–initiated towing services of disabled or abandoned vehicles within the Department’s jurisdiction. “Towing” means using another vehicle to move or remove a vehicle. The Department shall: establish and maintain a tow list, by county, of qualifying tow companies for use by the Department in carrying out the duties of this subtitle; and make the tow list available to the public on request. The Department may adopt regulations to establish standards for tow companies, including application procedures and minimum qualification requirements, and must include on the list all qualifying tow companies. The Department shall: require a tow company that is on the tow list to ban the use of per pound billing; establish the approved rates for light–, medium–, and heavy–duty towing and recovery that may be charged by a tow company on the tow list, based on recommendations made by the Committee on Rate Setting and Complaint Resolution for Police–Initiated Towing and Recovery established under § 2–314.1 of this subtitle; and develop a process to receive, investigate, and adjudicate complaints from a vehicle owner or operator or the owner’s designee against an authorized tow company regarding the police–initiated towing of a motor vehicle, including a process to suspend or remove an authorized tow company from the tow list. An authorized tow company may charge less than but may not charge more than the approved rates authorized by the Department for a police–initiated towing and recovery. The approved rates for light–duty towing and recovery may not exceed 80% of the maximum approved rates for medium–duty towing and recovery charged by a tow company. If a vehicle owner or the owner’s designee requests the use of a specific towing company, the Department shall honor that request and allow the vehicle owner to engage the services of the requested towing company except when: the requested towing company cannot arrive at the location of the vehicle within a reasonable time period; a traffic safety problem exists and the requested towing company cannot arrive at the location within 30 minutes of a police employee’s arrival at the location of the vehicle; or the vehicle is disabled in the roadway as a result of a collision or vehicle fire and the requested towing company cannot arrive within 30 minutes of a police employee’s arrival at the location of the vehicle.

In this section the following words have the meanings indicated. “Approved rates” has the meaning stated in § 2–314 of this subtitle. “Committee” means the Committee on Rate Setting and Complaint Resolution for Police–Initiated Towing and Recovery. “Police–initiated towing” has the meaning stated in § 2–314 of this subtitle. “Recovery” has the meaning stated in § 2–314 of this subtitle. There is a Committee on Rate Setting and Complaint Resolution for Police–Initiated Towing and Recovery. The Committee consists of the following members: two representatives of the Towing and Recovery Professionals of Maryland, appointed by the President of the Towing and Recovery Professionals of Maryland; a representative of the Maryland Motor Truck Association, appointed by the President of the Maryland Motor Truck Association; a representative of the Owner–Operator Independent Drivers Association, appointed by the President of the Owner–Operator Independent Drivers Association; a representative of the Maryland Transportation Authority Police, appointed by the Secretary of Transportation; a representative of the State Highway Administration, appointed by the Administrator of the State Highway Administration; and a representative of the Maryland Insurance Administration, appointed by the Insurance Commissioner. A member of the Committee shall be appointed for a 3–year term. A member of the Committee may be reappointed at the end of the member’s term. The Department shall provide staff support for the Committee. A member of the Committee: may not receive compensation as a member of the Committee; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Committee shall: recommend approved rates for light–duty, medium–duty, and heavy–duty towing and recovery to the Department that should be charged for police–initiated towing and recovery services; meet at least once every 3 years to review and consider modification of the approved rates; request information and comments from other parties of interest to assist with its work; recommend to the Department a process for resolving towing complaints; examine and report on insurance matters related to: vehicles registered and insured outside the State; and the cost and cleanup of cargo and debris; and make any additional recommendations to the Department that the Committee considers appropriate.

There is a Law Enforcement Coordinating Council within the Department. The purpose of the Council is to prevent and reduce crime by: coordinating and focusing State resources; and ensuring interagency communications and intelligence–sharing. The Council consists of the following members: the Secretary of Public Safety and Correctional Services, or the Secretary’s designee; the Secretary of Juvenile Services, or the Secretary’s designee; the Secretary of Human Services, or the Secretary’s designee; the Secretary of Housing and Community Development, or the Secretary’s designee; the Secretary of Emergency Management, or the Secretary’s designee; the Director of the Maryland Coordination and Analysis Center, or the Director’s designee; the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee; the Secretary, or the Secretary’s designee; the chief of the largest law enforcement agency in each county, or the chief’s designee; the chief of the largest law enforcement agency in the City of Annapolis, or the chief’s designee; the chief of the largest law enforcement agency in Ocean City, or the chief’s designee; the chief of the Maryland Transit Administration Police, or the chief’s designee; the chief of the Maryland Transportation Authority Police, or the chief’s designee; and the chief of the WMATA Metro Transit Police, or the chief’s designee. The Secretary shall serve as the chair of the Council. The Department shall provide staff for the Council. A member of the Council: may not receive compensation as a member of the Council; but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. The Council shall prepare and revise, as necessary, a comprehensive crime plan for the State or for each region of the State. The plan under paragraph (1) of this subsection may: identify State resources and assets that State agencies are using to: support law enforcement activities; and provide support services for communities with the greatest concentration of crime; establish law enforcement regions in the State based on public safety commonalities and priorities across jurisdictions; specify strategies to: share intelligence between law enforcement agencies; develop patrol agreements across jurisdictions; and provide mutual aid to law enforcement agencies across jurisdictions; establish targeted initiatives, including initiatives relating to warrants, early crime alert and risk assessment tools, and data–sharing; identify regions for the establishment of regional law enforcement councils under § 2–316 of this subtitle; and identify areas where law enforcement agencies can collaborate to provide support and human services to individuals most likely to be victims or perpetrators of crime. The Council shall meet at least twice each year. The Governor, or the Governor’s designee, shall attend at least one meeting of the Council each year. The Council may invite other chiefs of law enforcement entities to participate in the Council. On or before December 1 each year, the Council shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly concerning its activities and recommendations.

The Department shall establish a regional law enforcement council for each of the regions established by the Law Enforcement Coordinating Council under § 2–315 of this subtitle. The purpose of each regional council is to prevent and reduce crime by: coordinating and focusing State and local resources; and ensuring interagency communications and intelligence–sharing. Each regional council shall consist of the following members: the Secretary of Public Safety and Correctional Services, or the Secretary’s designee; the Secretary of Juvenile Services, or the Secretary’s designee; the Secretary of Human Services, or the Secretary’s designee; the Secretary of Housing and Community Development, or the Secretary’s designee; the Secretary of Emergency Management, or the Secretary’s designee; the Director of the Maryland Coordination and Analysis Center, or the Director’s designee; the Secretary, or the Secretary’s designee; and the chiefs of the law enforcement agencies with jurisdiction in each region, or their designees. The members of each regional council shall select the chair of the regional council. The Department shall provide staff for each regional council. Each regional council shall meet to: share intelligence; identify regional crime trends; strategize the deployment of resources to prevent and respond to regional crime, particularly violent crime; review outstanding warrants in the region; and discuss community engagement efforts, technology, and training programs. Each regional council shall meet at least quarterly. On or before December 1 each year, each regional council shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly concerning the council’s activities and recommendations.