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<section article="gps" article_name="Public Safety" number="3-104" title_number="3" title_name="Law Enforcement" subtitle_number="1" subtitle_name="Police Accountability and Discipline">
  <level label="a">
    <level label="1">
      <text>Each county shall have one administrative charging committee to serve countywide law enforcement agencies and local law enforcement agencies within the county.</text>
    </level>
    <level label="2">
      <text>A county administrative charging committee shall be composed of:</text>
      <level label="i">
        <text>the chair of the county’s police accountability board, or another member of the accountability board designated by the chair of the accountability board;</text>
      </level>
      <level label="ii">
        <text>two civilian members selected by the county’s police accountability board; and</text>
      </level>
      <level label="iii">
        <text>two civilian members selected by the chief executive officer of the county.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>There shall be at least one statewide administrative charging committee to serve statewide and bi–county law enforcement agencies.</text>
    </level>
    <level label="2">
      <text>A statewide administrative charging committee shall be composed of:</text>
      <level label="i">
        <text>three civilian members appointed by the Governor;</text>
      </level>
      <level label="ii">
        <text>one civilian member appointed by the President of the Senate; and</text>
      </level>
      <level label="iii">
        <text>one civilian member appointed by the Speaker of the House.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>Before serving as a member of an administrative charging committee, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.</text>
  </level>
  <level label="d">
    <text>On completion of an investigation of a complaint of police misconduct involving a member of the public and a police officer, regardless of whether the complaint originated from within the law enforcement agency or from an external source, the law enforcement agency shall forward to the appropriate administrative charging committee the investigatory files for the matter.</text>
  </level>
  <level label="e">
    <text>An administrative charging committee shall:</text>
    <level label="1">
      <text>review the findings of a law enforcement agency’s investigation conducted and forwarded in accordance with subsection (d) of this section;</text>
    </level>
    <level label="2">
      <text>make a determination that the police officer who is subject to investigation shall be:</text>
      <level label="i">
        <text>administratively charged; or</text>
      </level>
      <level label="ii">
        <text>not administratively charged;</text>
      </level>
    </level>
    <level label="3">
      <text>if the police officer is charged, recommend discipline in accordance with the law enforcement agency’s disciplinary matrix established in accordance with § 3–105 of this subtitle;</text>
    </level>
    <level label="4">
      <text>review any body camera footage that may be relevant to the matters covered in the complaint of misconduct;</text>
    </level>
    <level label="5">
      <text>authorize a police officer called to appear before an administrative charging committee to be accompanied by a representative;</text>
    </level>
    <level label="6">
      <text>issue a written opinion that describes in detail its findings, determinations, and recommendations; and</text>
    </level>
    <level label="7">
      <text>forward the written opinion to the chief of the law enforcement agency, the police officer, and the complainant.</text>
    </level>
  </level>
  <level label="f">
    <text>In executing its duties in accordance with subsection (e) of this section, an administrative charging committee may:</text>
    <level label="1">
      <text>request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation and the issuance of subpoenas;</text>
    </level>
    <level label="2">
      <text>if the police officer is not administratively charged, make a determination that:</text>
      <level label="i">
        <text>the allegations against the police officer are unfounded; or</text>
      </level>
      <level label="ii">
        <text>the police officer is exonerated; and</text>
      </level>
    </level>
    <level label="3">
      <text>record, in writing, any failure of supervision that caused or contributed to a police officer’s misconduct.</text>
    </level>
  </level>
  <level label="g">
    <text>An administrative charging committee shall meet once per month or as needed.</text>
  </level>
  <level label="h">
    <text>A member of an administrative charging committee shall maintain confidentiality relating to a matter being considered by the administrative charging committee until final disposition of the matter.</text>
  </level>
</section>
