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<section article="gps" article_name="Public Safety" number="3-207" title_number="3" title_name="Law Enforcement" subtitle_number="2" subtitle_name="Maryland Police Training and Standards Commission">
  <level label="a">
    <text>The Commission has the following powers and duties:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>to approve and issue certificates of approval to police training schools;</text>
    </level>
    <level label="3">
      <text>to inspect police training schools;</text>
    </level>
    <level label="4">
      <text>to revoke, for cause, the approval or certificate of approval issued to a police training school;</text>
    </level>
    <level label="5">
      <text>to establish the following for police training schools:</text>
      <level label="i">
        <text>curriculum;</text>
      </level>
      <level label="ii">
        <text>minimum courses of study;</text>
      </level>
      <level label="iii">
        <text>attendance requirements;</text>
      </level>
      <level label="iv">
        <text>eligibility requirements;</text>
      </level>
      <level label="v">
        <text>equipment and facilities;</text>
      </level>
      <level label="vi">
        <text>standards of operation; and</text>
      </level>
      <level label="vii">
        <text>minimum qualifications for instructors;</text>
      </level>
    </level>
    <level label="6">
      <text>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:</text>
      <level label="i">
        <text>the criminal laws concerning rape and sexual offenses, including the sexual abuse and exploitation of children and related evidentiary procedures;</text>
      </level>
      <level label="ii">
        <text>the criminal laws concerning human trafficking, including services and support available to victims and the rights and appropriate treatment of victims;</text>
      </level>
      <level label="iii">
        <text>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;</text>
      </level>
      <level label="iv">
        <text>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;</text>
      </level>
      <level label="v">
        <text>the contact with and treatment of victims of crimes and delinquent acts;</text>
      </level>
      <level label="vi">
        <text>the notices, services, support, and rights available to victims and victims’ representatives under State law; and</text>
      </level>
      <level label="vii">
        <text>the notification of victims of identity fraud and related crimes of their rights under federal law;</text>
      </level>
    </level>
    <level label="7">
      <text>to certify and issue appropriate certificates to qualified instructors for police training schools authorized by the Commission to offer police training programs;</text>
    </level>
    <level label="8">
      <text>to verify that police officers have satisfactorily completed training programs and issue diplomas to those police officers;</text>
    </level>
    <level label="9">
      <text>to conduct and operate police training schools authorized by the Commission to offer police training programs;</text>
    </level>
    <level label="10">
      <text>to make a continuous study of entrance–level and in–service training methods and procedures;</text>
    </level>
    <level label="11">
      <text>to consult with and accept the cooperation of any recognized federal, State, or municipal law enforcement agency or educational institution;</text>
    </level>
    <level label="12">
      <text>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;</text>
    </level>
    <level label="13">
      <text>to consult and cooperate with other agencies and units of the State concerned with police training;</text>
    </level>
    <level label="14">
      <text>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;</text>
    </level>
    <level label="15">
      <text>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;</text>
    </level>
    <level label="16">
      <text>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:</text>
      <level label="i">
        <text>training in lifesaving techniques, including Cardiopulmonary Resuscitation (CPR);</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
      <level label="iii">
        <text>training regarding sensitivity to cultural and gender diversity;</text>
      </level>
      <level label="iv">
        <text>training regarding individuals with physical and psychiatric disabilities; and</text>
      </level>
      <level label="v">
        <text>training regarding individuals with intellectual and developmental disabilities, dementia, and autism, including training for:</text>
        <level label="1">
          <text>locating an individual who is wandering, eloping, or otherwise missing;</text>
        </level>
        <level label="2">
          <text>searching near bodies of water;</text>
        </level>
        <level label="3">
          <text>sensory–aware approaches;</text>
        </level>
        <level label="4">
          <text>reunification;</text>
        </level>
        <level label="5">
          <text>documentation; and</text>
        </level>
        <level label="6">
          <text>interagency coordination;</text>
        </level>
      </level>
    </level>
    <level label="17">
      <text>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;</text>
    </level>
    <level label="18">
      <text>to develop, with the cooperation of the Office of the Attorney General, the Governor’s Office of Crime Prevention and Policy, and the Federal Trade Commission, a uniform identity fraud reporting form that:</text>
      <level label="i">
        <text>makes transmitted data available on or before October 1, 2011, for use by each law enforcement agency of State and local government; and</text>
      </level>
      <level label="ii">
        <text>may authorize the data to be transmitted to the Consumer Sentinel program in the Federal Trade Commission;</text>
      </level>
    </level>
    <level label="19">
      <text>to adopt and recommend a set of best practices and standards for use of force;</text>
    </level>
    <level label="20">
      <text>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;</text>
    </level>
    <level label="21">
      <text>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;</text>
    </level>
    <level label="22">
      <text>to require:</text>
      <level label="i">
        <text>a statement condemning motorcycle profiling to be included in existing written policies regarding other profiling; and</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
    </level>
    <level label="23">
      <text>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</text>
    </level>
    <level label="24">
      <text>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.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>the number of officers involved by race, ethnicity, and sex;</text>
      </level>
      <level label="ii">
        <text>the number of officers disciplined by race, ethnicity, and sex; and</text>
      </level>
      <level label="iii">
        <text>the type of discipline administered to each officer, by the officer’s race, ethnicity, and sex.</text>
      </level>
    </level>
    <level label="2">
      <text>The Commission shall annually summarize the information submitted by law enforcement agencies and:</text>
      <level label="i">
        <text>post the summary, excluding the names of officers and other involved parties, on a website maintained by the Commission; and</text>
      </level>
      <level label="ii">
        <text>submit the summary to the General Assembly, as provided in § 2–1257 of the State Government Article.</text>
      </level>
    </level>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>The Commission shall:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>refer a complaint referred to the Program to voluntary mediation conducted by an independent mediation service; and</text>
    </level>
    <level label="3">
      <text>adopt regulations to implement the Program, including criteria concerning eligibility for referral of complaints.</text>
    </level>
  </level>
  <level label="e">
    <level label="1">
      <text>The Commission shall develop best practices for the establishment and implementation of a community policing program in each jurisdiction.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>The Commission shall annually:</text>
      <level label="i">
        <text>review each community policing program filed in accordance with § 3–517 of this title; and</text>
      </level>
      <level label="ii">
        <text>provide each agency with any comments that the Commission has to improve the agency’s community policing program.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <level label="1">
      <text>The Commission shall develop a uniform citizen complaint process to be followed by each law enforcement agency.</text>
    </level>
    <level label="2">
      <text>The uniform complaint process shall:</text>
      <level label="i">
        <text>be simple;</text>
      </level>
      <level label="ii">
        <text>require that a complainant be informed of the final disposition of the complainant’s complaint and any discipline imposed as a result; and</text>
      </level>
      <level label="iii">
        <text>be posted on the websites of the Commission and each law enforcement agency.</text>
      </level>
    </level>
  </level>
  <level label="g">
    <text>The Commission shall develop and administer:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>a training program on matters relating to police training and standards for citizens who are appointed to serve as members of the Commission.</text>
    </level>
  </level>
  <level label="h">
    <text>The Commission shall distribute the victim’s representation notification form developed by the Governor’s Office of Crime Prevention and Policy under § 12–206.1(e) of the Transportation Article to each law enforcement agency in the State.</text>
  </level>
  <level label="i">
    <text>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.</text>
  </level>
  <level label="j">
    <text>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.</text>
  </level>
  <level label="k">
    <text>The Commission shall:</text>
    <level label="1">
      <text>hold law enforcement agencies accountable for violations of the Use of Force Statute under § 3–524 of this title; and</text>
    </level>
    <level label="2">
      <text>work with the Comptroller and the Governor’s Office of Crime Prevention and Policy 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.</text>
    </level>
  </level>
  <level label="l">
    <text>The Commission shall:</text>
    <level label="1">
      <text>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;</text>
    </level>
    <level label="2">
      <text>require all law enforcement agencies to use the implicit bias test in the hiring process;</text>
    </level>
    <level label="3">
      <text>require all new police officers to complete implicit bias testing and training; and</text>
    </level>
    <level label="4">
      <text>require all incumbent police officers to undergo implicit bias testing and training on an annual basis.</text>
    </level>
  </level>
  <level label="m">
    <level label="1">
      <text>The Commission shall develop a uniform citizen positive community feedback process to be followed by each law enforcement agency.</text>
    </level>
    <level label="2">
      <text>The uniform citizen positive community feedback process shall:</text>
      <level label="i">
        <text>be simple; and</text>
      </level>
      <level label="ii">
        <text>be posted on the website of the Commission and each law enforcement agency.</text>
      </level>
    </level>
  </level>
  <level label="n">
    <level label="1">
      <text>In this subsection, “correctional facility” means a State correctional facility and a local correctional facility, as defined in § 1–101 of the Correctional Services Article.</text>
    </level>
    <level label="2">
      <text>The Commission shall develop mental health wellness policies to be implemented in law enforcement agencies and correctional facilities in the State by:</text>
      <level label="i">
        <text>determining ways to promote safety and wellness at every level of a law enforcement agency and a correctional facility;</text>
      </level>
      <level label="ii">
        <text>incorporating into trainings stress management techniques designed by law enforcement officers and correctional officers;</text>
      </level>
      <level label="iii">
        <text>establishing confidential peer support programs;</text>
      </level>
      <level label="iv">
        <text>offering psychological programming to help officers manage stress; and</text>
      </level>
      <level label="v">
        <text>utilizing measuring tools to track effectiveness.</text>
      </level>
    </level>
    <level label="3">
      <text>On or before January 1, 2025, and each January 1 thereafter, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the status of the development and implementation of the policies described under paragraph (2) of this subsection and the effects of the policies.</text>
    </level>
  </level>
  <level label="o">
    <text>The Commission shall:</text>
    <level label="1">
      <text>annually review the report published by the Independent Investigations Division of the Office of the Attorney General under § 6–602 of the State Government Article; and</text>
    </level>
    <level label="2">
      <text>make any recommendations that the Commission determines are appropriate based on its review.</text>
    </level>
  </level>
  <level label="p">
    <level label="1">
      <level label="i">
        <text>In this subsection the following words have the meanings indicated.</text>
      </level>
      <level label="ii">
        <text>“Face covering” has the meaning stated in § 3–536 of this title.</text>
      </level>
      <level label="iii">
        <text>“Law enforcement agency” has the meaning stated in § 3–536 of this title.</text>
      </level>
      <level label="iv">
        <text>“Law enforcement officer” has the meaning stated in § 3–536 of this title.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>The Commission shall develop a uniform policy, to be used by each law enforcement agency, prohibiting the use of a face covering by a law enforcement officer in the course of duty consistent with § 3–536 of this title.</text>
      </level>
      <level label="ii">
        <text>The uniform policy developed under this subsection shall include language affirming:</text>
        <level label="1">
          <text>the law enforcement agency’s commitment to transparency, accountability, and public trust;</text>
        </level>
        <level label="2">
          <text>that the authorized use of face coverings shall be limited to specific and clearly defined circumstances; and</text>
        </level>
        <level label="3">
          <text>that generalized and undifferentiated fear and apprehension about law enforcement officer safety is not sufficient to justify the use of face coverings.</text>
        </level>
      </level>
      <level label="iii">
        <text>Subject to subparagraph (ii) of this paragraph, the uniform policy may allow for uses of face coverings under circumstances absolutely necessary to protect the health or safety of law enforcement officers while performing public safety functions, including the use of face coverings during inclement weather.</text>
      </level>
    </level>
    <level label="3">
      <text>A county, a municipality, or a law enforcement agency of the State or a political subdivision of the State may not adopt a policy, other than the uniform policy developed by the Commission, regarding the use of face coverings by law enforcement officers.</text>
    </level>
  </level>
  <level label="q">
    <level label="1">
      <level label="i">
        <text>In this subsection the following words have the meanings indicated.</text>
      </level>
      <level label="ii">
        <text>“Identification” has the meaning stated in § 3–537 of this title.</text>
      </level>
      <level label="iii">
        <text>“Law enforcement agency” has the meaning stated in § 3–536 of this title.</text>
      </level>
      <level label="iv">
        <text>“Law enforcement officer” has the meaning stated in § 3–536 of this title.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <text>The Commission shall develop a uniform policy, to be used by each law enforcement agency, requiring the use of identification by a law enforcement officer in the course of duty consistent with § 3–537 of this title.</text>
      </level>
      <level label="ii">
        <text>The uniform policy developed under this subsection shall include language affirming the State’s interest in:</text>
        <level label="1">
          <text>promoting public safety;</text>
        </level>
        <level label="2">
          <text>preventing law enforcement impersonation; and</text>
        </level>
        <level label="3">
          <text>promoting transparency and accountability.</text>
        </level>
      </level>
      <level label="iii">
        <text>The uniform policy developed under this subsection shall address:</text>
        <level label="1">
          <text>the size, placement, contrast, and legibility of identification, including requirements to ensure visibility of the identification from a reasonable distance;</text>
        </level>
        <level label="2">
          <text>the way identification must be displayed on different types of uniforms, outerwear, and protective clothing, including jackets, vests, and rain gear;</text>
        </level>
        <level label="3">
          <text>narrowly tailored circumstances in which identification may be temporarily obscured due to an immediate threat to law enforcement officer safety or public safety and any documentation or after–action reporting required for deviations; and</text>
        </level>
        <level label="4">
          <text>training requirements for new and current law enforcement officers on the identification requirements established under § 3–537 of this title.</text>
        </level>
      </level>
    </level>
    <level label="3">
      <text>A county, a municipality, or a law enforcement agency of the State or a political subdivision of the State may not adopt a policy, other than the uniform policy developed by the Commission, requiring the use of identification by law enforcement officers.</text>
    </level>
  </level>
</section>
