# COMAR Title 12 — Department of Public Safety and Correctional Services

## Subtitle 10 — Correctional Training Commission

### Chapter 01 — General Regulations

**Authority:** Correctional Services Article, §§2-109 and 8-208; Public Safety Article, §3-207;  Annotated Code of Maryland

**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**Administrative History:** Existing Regulation .03 repealed and new Regulation .03 adopted effective May 15, 1981 (8:10 Md.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:** 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:** 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:** 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:** 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:** 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:** Annotation: COMAR 12.10.01 cited in Attorney General Opinion No. 86-032 (May 16, 1986)

#### Regulation .01 Definitions.

*COMAR 12.10.01.01*

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

    (c) With the primary duty to provide alcohol or substance abuse drug treatment or counseling services for:

      (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.

#### Regulation .02 Processing and Reporting Employment Status.

*COMAR 12.10.01.02*

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;

    (c) Changes a legal name;

    (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;

    (c) A statement indicating the change in status; and

    (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.

#### Regulation .03 Provisional Appointment.

*COMAR 12.10.01.03*

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.

#### Regulation .04 Selection Standards for Appointment to a Mandated Position and Documentation Requirements.

*COMAR 12.10.01.04*

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.

#### Regulation .05 Background Investigation and Criminal History Record Checks.

*COMAR 12.10.01.05*

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;

    (c) Displays the suitable behavior necessary to perform the duties of the mandated position; and

    (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

    (c) The applicant meets the Commission's requirements for the mandated position.

  (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

    (c) Agency submitting the AFC for the applicant.

  (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.

#### Regulation .06 Certification of a Mandated Employee.

*COMAR 12.10.01.06*

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;

    (c) Is transferred from a mandated position to a nonmandated position; or

    (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

    (c) The Commission may order the employer to pay all reasonable hearing costs.

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.

#### Regulation .07 Recertification Requirements.

*COMAR 12.10.01.07*

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;

    (c) Meets Commission recertification standards under Regulation .08 of this chapter; and

    (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.

#### Regulation .08 Standards for Recertification.

*COMAR 12.10.01.08*

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

    (c) Assess past work performance;

  (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.

#### Regulation .09 Minimum Standards for Mandated Employee Entrance-Level Training.

*COMAR 12.10.01.09*

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;

    (c) Supervision, interpersonal relations, and treatment of inmates;

    (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.

#### Regulation .10 Commission Mandated Employee Entrance-Level Training Performance Objectives.

*COMAR 12.10.01.10*

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.

#### Regulation .11 Successful Completion of Commission-Approved Mandated Employee Entrance-Level Training.

*COMAR 12.10.01.11*

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.

#### Regulation .12 Alternate Entrance-Level Training Requirements.

*COMAR 12.10.01.12*

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;

    (c) Work release unit; or

    (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;

    (c) Facility security and control and emergency and fire control procedures; and

    (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.

#### Regulation .13 Minimum Standards for Attending an Academy Providing Commission-Approved Mandated Employee Entrance-Level Training.

*COMAR 12.10.01.13*

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.

#### Regulation .14 Commission Certification Requirements for an Academy Providing Commission-Approved Mandated Employee Training.

*COMAR 12.10.01.14*

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;

    (c) Appropriate desk space, work tables, and seating to support classroom and other related learning activities;

    (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;

    (c) Supervisor 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.

#### Regulation .15 Voluntary Attendance — Commission-Approved Mandated Employee Entrance-Level Training.

*COMAR 12.10.01.15*

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.

#### Regulation .16 Mandated Employee In-Service Training and Firearms Training and Qualification.

*COMAR 12.10.01.16*

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;

    (c) Firearms refresher training and qualification under COMAR 12.10.04 for the same firearm; or

    (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;

    (c) Include a brief explanation of why, in terms of current job needs, the topics are included;

    (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.

    (c) The commission shall determine the method for reporting a mandated employee's training information.

  (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.

#### Regulation .17 Failure to Complete Commission-Required Mandated Employee In-Service Training and Firearms Training and Qualification.

*COMAR 12.10.01.17*

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;

    (c) Attendance;

    (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;

    (c) Firearms training; and

    (d) Firearms qualification.

#### Regulation .18 Minimum Training Standards — Mandated Employee Supervisors and Administrators.

*COMAR 12.10.01.18*

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;

    (c) Mandated employee supervisor and administrator training are a minimum of 35 hours for each form of 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.

#### Regulation .19 Procedures for Requesting a Waiver.

*COMAR 12.10.01.19*

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;

    (c) The number of hours of parallel training completed; and

    (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);

    (c) Completion of the entrance-level firearms training and qualification under COMAR 12.10.04, if applicable; and

    (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.

#### Regulation .20 Disqualifying Criminal Convictions for Correctional Officers.

*COMAR 12.10.01.20*

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;

    (c) Robbery;

    (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.

#### Regulation .21 Drug Screening Procedures.

*COMAR 12.10.01.21*

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;

    (c) Obtain the urine sample in a manner that reasonably prevents substitution, alteration, or tampering;

    (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.

#### Regulation .22 Prior Substance Abuse by Applicants for Certification.

*COMAR 12.10.01.22*

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.

#### Regulation .23 Field Training.

*COMAR 12.10.01.23*

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.

### Chapter 02 — Public Information Requests

*Repealed*

**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)

### Chapter 03 — General Hearing Regulations

**Authority:** State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland

**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)

#### Regulation .01 Scope.

*COMAR 12.10.03.01*

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.

#### Regulation .02 General Provisions.

*COMAR 12.10.03.02*

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.

#### Regulation .03 Parties—Representation.

*COMAR 12.10.03.03*

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.

#### Regulation .04 Notice of Hearing.

*COMAR 12.10.03.04*

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.

#### Regulation .05 Postponements.

*COMAR 12.10.03.05*

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.

#### Regulation .06 Presiding Officer—Duties.

*COMAR 12.10.03.06*

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.

#### Regulation .07 Attendance.

*COMAR 12.10.03.07*

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.

#### Regulation .08 Hearing Procedures—Testimony and Evidence.

*COMAR 12.10.03.08*

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.

#### Regulation .09 Decisions and Orders.

*COMAR 12.10.03.09*

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.

#### Regulation .10 Request for Reconsideration.

*COMAR 12.10.03.10*

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 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.

#### Regulation .11 Transcription of Hearing Records.

*COMAR 12.10.03.11*

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.

#### Regulation .12 Judicial Appeal.

*COMAR 12.10.03.12*

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.

### Chapter 04 — Firearms Training

**Authority:** Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

**Administrative History:** Effective date: October 20, 1997 (24:21 Md. R. 1451)

**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:** Regulations .01—.31 repealed and new Regulations .01—.10 adopted effective January 1, 2013 (39:16 Md. R.1081)

#### Regulation .01 Purpose.

*COMAR 12.10.04.01*

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.

#### Regulation .02 Definitions.

*COMAR 12.10.04.02*

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

    (c) Meets the requirements of this chapter.

  (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

    (c) Loading the next round of ammunition in the chamber.

  (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.

#### Regulation .03 General Requirements — Authorized Firearms Classroom Instruction, Training, and Qualification, and Firing Line Supervision.

*COMAR 12.10.04.03*

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.

#### Regulation .04 Entrance-Level Firearms Classroom Instruction, Training, and Qualification — Handgun.

*COMAR 12.10.04.04*

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.

#### Regulation .05 Course of Fire Requirements for Handgun Qualification.

*COMAR 12.10.04.05*

The following are minimum entrance-level, annual, and conversion courses of fire requirements for handgun qualification:

Type of Requirement
            Handgun Day-Fire Required Course ofFire for Qualification
            HandgunReduced Light RequiredCourse 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 secondsPistol - 8 seconds
            Revolver - 17 secondsPistol - 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

#### Regulation .06 Entrance-Level Firearms Classroom Instruction, Training, and Qualification — Long Guns.

*COMAR 12.10.04.06*

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 long gun classroom instruction, training, and qualification for a:

    (a) Type 1 long gun, 35 hours;

    (b) Type 2 long gun, 35 hours;

    (c) Type 3 long gun, 14 hours; and

    (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;

    (c) Type 3 long gun, 350 rounds; and

    (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.

#### Regulation .07 Course of Fire Requirements for Long Gun Qualification.

*COMAR 12.10.04.07*

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:

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.

#### Regulation .08 Annual Firearms Classroom Instruction, Training, and Qualification Requirements.

*COMAR 12.10.04.08*

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

    (c) Firearms qualification for each firearm that the firearms qualified employee is authorized to use or carry.

  (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.

    (c) Training may not include practicing the actual course of fire used for firearms qualification.

  (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.

#### Regulation .09 Firearms Conversion — Classroom Instruction, Training, and Qualification.

*COMAR 12.10.04.09*

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

    (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.

  (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:

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

    (c) Type 3 long gun, if conversion is for another Type 3 long gun.

  (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.

#### Regulation .10 Firearms Classroom Instruction Requirements.

*COMAR 12.10.04.10*

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:

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.

### Chapter 05 — Electronic Control Device Training

**Authority:** Correctional Services Article, §§2-109 and 8-208; Public Safety Article §3-207; Annotated Code of Maryland

**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)

#### Regulation .01 Definitions.

*COMAR 12.10.05.01*

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.

#### Regulation .02 Minimum Requirements.

*COMAR 12.10.05.02*

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.

#### Regulation .03 Correctional Officer Electronic Control Device Initial Training Course Curriculum.

*COMAR 12.10.05.03*

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.

#### Regulation .04 Electronic Control Device Annual In-Service Training Curriculum.

*COMAR 12.10.05.04*

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.

#### Regulation .05 Electronic Control Device Training Content Requirements.

*COMAR 12.10.05.05*

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;

    (c) Proper carrying and handling;

    (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.

### Chapter 06 — Instructor Training and Certification

**Authority:** Correctional Services Article, Title 8, Subtitle 2, Annotated Code of Maryland

**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)

#### Regulation .01 Definitions.

*COMAR 12.10.06.01*

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

      (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.

  (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

    (c) Loading the next round of ammunition in the chamber.

  (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;

    (c) Termination of 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.

#### Regulation .02 Instructor Certification Classifications.

*COMAR 12.10.06.02*

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.

  (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 .15 of this chapter.

#### Regulation .03 Selection Standards and Application.

*COMAR 12.10.06.03*

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

    (c) The Department of Juvenile Services;

  (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.

  (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 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.

#### Regulation .04 Exemptions from Instructor Certification.

*COMAR 12.10.06.04*

Instructor Certification Exemptions.

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; 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:

  (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 §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.

#### Regulation .05 Time Limits — Extension for Inactive Status.

*COMAR 12.10.06.05*

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.

#### Regulation .06 Instructor Evaluation Procedures.

*COMAR 12.10.06.06*

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.

#### Regulation .07 Academic Instructor — Training Program, Evaluation Requirements and Waiver of Training Program.

*COMAR 12.10.06.07*

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;

    (c) Preparation and use of audiovisual training aids;

    (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.

#### Regulation .08 Certification — Academic Provisional Instructor and Academic Instructor.

*COMAR 12.10.06.08*

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

    (c) Conducted while the individual was providing instruction as an Academic Provisional Instructor.

#### Regulation .09 Certification and Training Program — Defensive Tactics Provisional Instructor and Defensive Tactics Instructor.

*COMAR 12.10.06.09*

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 12.04.06, 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

    (c) Include the following topics:

      (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.

#### Regulation .10 Certification — Electronic Control Device Instructor.

*COMAR 12.10.06.10*

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 correctional officer who:

  (1) Is authorized by the correctional 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 correctional 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.

#### Regulation .11 Certification — Firearms Provisional Instructor, Line Instructor, and Firearms Instructor.

*COMAR 12.10.06.11*

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 correctional officer or law enforcement 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 of 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 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 4 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:

  (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;

    (c) Firearms fundamentals and marksmanship;

    (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;

    (c) Stress training;

    (d) Judgmental or decision training;

    (e) Range preparation and cleanup;

    (f) Scoring;

    (g) Target analysis;

    (h) Safety; and

    (i) Marksmanship fundamentals.

  (5) 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.

  (6) An individual seeking instructor certification under this regulation shall successfully meet:

    (a) For a handgun, requirements 3 — 9 of the “Handgun Day-Fire Required Course of Fire for Qualification” in the table under COMAR 12.10.04.05;

    (b) For a particular type long gun, requirements 3 — 7 of the table under COMAR 12.10.04.07.

#### Regulation .12 Expiration of Instructor Certification.

*COMAR 12.10.06.12*

A. An individual’s instructor certification expires:

  (1) At the conclusion of the individual’s term of certification established under Regulation .15B of this chapter for the individual’s instructor classification;

  (2) When the individual leaves employment with the correctional unit, academy certified under COMAR 12.10.01.14, or the Department of Juvenile Services on behalf of which the training authority submitted the application for the individual’s instructor certification; or

  (3) If the training authority for the correctional unit, academy certified under COMAR 12.10.01.14, or the Department of Juvenile Services 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.

#### Regulation .13 Renewal of Instructor Certification.

*COMAR 12.10.06.13*

A. Renewal of provisional instructor certification for an instructor classification may be granted by the Deputy Director as provided under Regulation .15 of this chapter.

B. Except for 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 correctional unit, academy certified under COMAR 12.10.01.14, or the Department of Juvenile Services that submitted the application for the individual’s instructor certification and subsequently is employed by or provides instruction under the supervision of another correctional unit, academy certified under COMAR 12.10.01.14, or the Department of Juvenile Services 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 .14 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 .14 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 .15B 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 .14 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 .15B 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.

#### Regulation .14 Instructor Certification Renewal Requirements for Instructor Classifications.

*COMAR 12.10.06.14*

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 correctional unit, academy certified under COMAR 12.10.01.14, or the Department of Juvenile Services 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 correctional unit, academy certified under COMAR 12.10.01.14, or the Department of Juvenile Services.

D. The following table provides the minimum requirements for an individual’s certification renewal of the instructor classifications indicated:

#### Regulation .15 Term of Instructor Certification and Limitations on Instruction.

*COMAR 12.10.06.15*

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.

#### Regulation .16 Suspension and Revocation of Instructor Certification and Exemptions.

*COMAR 12.10.06.16*

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 correctional unit, Department of Juvenile Services, law enforcement agency, training provider, or academy certified under COMAR 12.10.01.14 or COMAR 12.04.01.10 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 any order under §D of this regulation to:

  (1) The instructor’s supervising authority at the correctional unit, Department of Juvenile Services, law enforcement agency, training provider, or academy certified under COMAR 12.10.01.14 or COMAR 12.04.01.10 that employs or supervises the instructor who is the subject of the allegation; and

  (2) The Correctional Training Commission or Police 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 any order under §D of this regulation to the Executive Director.

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 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.

### Chapter 07 — Body-Worn Cameras

**Authority:** Correctional Services Article, §§2-109 and 8-211; Courts of Judicial Proceedings Article, §10-402; Annotated Code of Maryland

**Administrative History:** Effective date: January 5, 2026 (52:26 Md. R. 1310)

#### Regulation .01 Purpose.

*COMAR 12.10.07.01*

A. Body-worn cameras (BWC) promote accountability, safety, and transparency by providing an objective and documented record of interactions between correctional and community supervision professionals, and incarcerated individuals, supervised individuals, and members of the public.

B. This chapter establishes regulations for correctional officers and community supervision agents, and provides procedures for the training, use, operation, maintenance and storage of BWC recordings.

C. Prior to implementing a BWC program, a correctional unit shall develop and maintain a written policy consistent with regulations of this chapter.

#### Regulation .02 Definitions.

*COMAR 12.10.07.02*

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

B. Terms Defined.

  (1) “Activation” means the process a correctional officer or a community supervision agent conducts to begin recording audio and video with a body-worn camera.

  (2) “Body-Worn Camera (BWC)” has the meaning of the body-worn digital recording device stated in Courts and Judicial Proceedings Article, §10-402, Annotated Code of Maryland.

  (3) “BWC equipment” means cameras, docking stations, system consoles, or any other accessories required for the use of the BWC.

  (4) “Community contact” means an interaction by a correctional officer or a community supervision agent with an individual to verify compliance with the conditions of release.

  (5) “Community supervision agent (agent)” means a mandated employee who supervises an individual placed on probation, or released on mandatory supervision, parole, or administrative release.

  (6) Correctional Officer.

    (a) “Correctional officer” has the meaning stated in Correctional Services Article, §8-201, Annotated Code of Maryland.

    (b) “Correctional officer” includes a mandated employee who is:

      (i) A community supervision agent; or

      (ii) Under the authority of the Commissioner of Correction, the Commissioner of Pretrial Detention and Services; or a managing official of a local correctional facility.

  (7) “Correctional unit” means a unit of State, county, or municipal government that is responsible under a statute, ordinance, or court order for the:

    (a) Investigation, care, custody, control, or supervision of an incarcerated individual; or

    (b) Investigation and supervision of an individual placed on probation, or released on parole, administrative release, or mandatory supervision release.

  (8) “Critical incident” means any event or situation that creates a significant risk of disruption to the security or operations of a correctional unit or a significant risk of harm to the physical or mental health, safety or well-being of an individual.

  (9) “Evidence management system” is a secure database utilized to store, manage, investigate, and share multiple types of digital data captured from BWCs to establish an evidentiary chain of custody.

  (10) “Incarcerated individual” has the meaning as defined in Correctional Services Article, §1-101, Annotated Code of Maryland.

  (11) “Maryland Public Information Act (MPIA)” has the meaning stated in General Provisions Article, §§4-101― 4-601, Annotated Code of Maryland.

  (12) “Qualifying event” means a situation or event where a correctional officer or agent is required to activate their body-worn camera to capture audio and video recordings.

  (13) “Supervised individual” means a person:

    (a) Sentenced to probation;

    (b) Released on parole or administrative release; or

    (c) Released on mandatory supervision.

  (14) “Use of force” means the physical or other form of control by mandated employees to:

    (a) Defend themselves or others; or

    (b) Restrain, subdue, or overcome resistance from or non-compliance of an individual.

#### Regulation .03 Program Oversight and Responsibility.

*COMAR 12.10.07.03*

A. A correctional unit shall ensure supervisory oversight of the BWC program in compliance with these regulations.

B. A correctional unit shall ensure correctional officers or agents are wearing and using BWC equipment in accordance with agency policy.

C. A correctional unit shall ensure random reviews of recordings are performed to:

  (1) Confirm procedures are being followed;

  (2) Recognize opportunities for additional training; and

  (3) Identify situations that may require procedural or operational changes.

D. A correctional unit may designate an employee responsible for maintaining BWC systems and performing routine maintenance in accordance with the manufacturer’s guidelines.

#### Regulation .04 Training.

*COMAR 12.10.07.04*

A. A correctional unit shall ensure that correctional officers or agents assigned a BWC receive proper training on BWC use and operation pursuant to these regulations, manufacturer’s guidelines and all applicable laws and policies prior to using a BWC.

B. BWC training shall include, but is not limited to the following topics:

  (1) Agency BWC policy;

  (2) Proper placement of camera;

  (3) When recording is mandatory, prohibited, and discretionary;

  (4) When recording notification and consent is required;

  (5) Secure storage, access, review and confidentiality of recordings;

  (6) Retention, dissemination and release of recordings;

  (7) Specific protections for reasonable expectation of privacy;

  (8) Interactions with members of the public;

  (9) Buffering mode; and

  (10) Equipment operation, care and maintenance.

C. Video and audio recordings from BWCs used for training purposes shall be separately tagged from recordings of official daily operations as described in Regulation .11 of this chapter.

#### Regulation .05 Notification of Recordings.

*COMAR 12.10.07.05*

A. A correctional officer working with only incarcerated individuals and other facility staff is not required to notify any individual in their immediate area that BWC equipment is in use.

B. A correctional officer or agent in the community shall notify supervised individuals and members of the public upon initial community contact that audio and video recordings of communications may be captured by a BWC.

C. A correctional officer or agent is not required to provide notification that audio and video recordings of communications may be captured to an individual who becomes party to the communication after the initial notification has been provided.

#### Regulation .06 General Operational Procedures.

*COMAR 12.10.07.06*

A. A correctional unit shall determine which correctional officers or agents are responsible for wearing BWCs.

B. In order to wear a BWC, a correctional officer or agent shall be clearly identifiable by:

  (1) Wearing clothing, a vest, or outer carrier that identifies the wearer as a correctional officer or agent; or

  (2) Prominently displaying an agency issued badge or other official insignia.

C. Only agency-issued BWC equipment may be used to create recordings pursuant to these regulations.

D. Prior to the beginning of a shift, a correctional officer or agent shall perform a function test of the BWC in accordance with the manufacturer’s recommendations and agency policy.

  (1) A correctional officer or agent shall immediately notify a supervisor if the BWC is not functioning properly.

  (2) As soon as practicable, a correctional officer or agent shall return the malfunctioning BWC for repair or replacement.

E. The BWC shall be activated as soon as practicable during all qualifying events and shall not be deactivated until the completion of the qualifying event.

F. A qualifying event is considered complete once all actions required by agency policy have been taken and the incident has ended, or a supervisor has determined the incident to be over.

G. Qualifying event activations are required regardless of whether a fixed camera system is present in the area.

H. Following the conclusion of a qualifying event as indicated in Regulation .07 of this chapter, a correctional officer or agent shall:

  (1) Notify supervision of the activation of the BWC prior to the end of shift; and

  (2) Complete any required documentation related to the activation in accordance with a correctional unit’s policy.

I. At the conclusion of a shift or work assignment, a correctional officer or agent shall upload the BWC recordings into the evidence management system.

J. After a BWC recording has been docked and uploaded into the evidence management system, the BWC recording shall be reviewed, tagged, and categorized in accordance with agency policy.

K. A correctional officer or agent shall document any deviation from regulations of this chapter or a correctional unit’s BWC policy.

#### Regulation .07 Qualifying Events—Mandatory Recording.

*COMAR 12.10.07.07*

A. A qualifying event requires activation of the BWC as soon as safe and reasonably practicable to do so.

B. The following constitute qualifying events:

  (1) Critical incidents;

  (2) Use of force situations;

  (3) Interactions with aggressive or agitated individuals; and

  (4) Community contacts conducted by a correctional officer or agent.

C. An agency may include other events as qualifying events as long as they are not prohibited under Regulation .08 of this chapter.

#### Regulation .08 Prohibited Use of BWCs.

*COMAR 12.10.07.08*

A. Except for purposes authorized in Regulation .07 of this chapter, the BWC shall not be activated anywhere there is a reasonable expectation of privacy, including but not limited to:

  (1) Toilets and showers while in use;

  (2) Strip searches;

  (3) Substance use testing;

  (4) Attorney-client visits;

  (5) Interactions with clergy;

  (6) Confidential communication with or treatment by a medical practitioner regarding physical, mental, and dental health;

  (7) Courtrooms and court facilities except as permitted by court rules and guidelines of the local Administrative Judge or presiding judge;

  (8) Administrative investigations or hearings regarding personnel matters;

  (9) Interviews with confidential informants;

  (10) Conversations with other employees during non-job related activities, including work breaks; and

  (11) Discussions, meetings, or other official business outside the presence of an incarcerated individual, a supervised individual, or a member of the public.

B. In order to safeguard a correctional officer or agent’s privacy, a correctional officer or agent may place a BWC in sleep mode or completely power off the BWC when using locker rooms or restroom facilities.

#### Regulation .09 Discretionary Use of BWCs.

*COMAR 12.10.07.09*

A. A correctional unit may direct correctional officers and agents to activate BWCs when not otherwise prohibited to record:

  (1) Witness interviews, pursuant to agency policy on recording witness interviews using a BWC;

  (2) Events or circumstances where a correctional officer or agent reasonably determines that BWC recording is necessary to ensure public safety; or

  (3) Cell searches, clothed frisk searches of employees, visitors, and incarcerated individuals, and facility searches in accordance with a correctional unit’s policy.

B. A correctional officer or agent shall receive consent from an individual being recorded if required by law.

C. Following the conclusion of a discretionary use of the BWC, a correctional officer or agent shall follow the procedures outlined in Regulation .06 of this chapter.

#### Regulation .10 Access, Storage, and Retention of BWC Video.

*COMAR 12.10.07.10*

A. Recordings or photographs made with agency-issued BWC equipment are subject to the Maryland Public Information Act (MPIA).

B. Pursuant to a correctional unit’s policy, only authorized individuals are permitted to edit, alter, delete, copy, share, or otherwise distribute any BWC recordings.

C. Each correctional unit’s written policy shall include standards and procedures that address:

  (1) Security and access control; and

  (2) Creation of an audit trail and access logs.

D. A BWC recording shall be uploaded and stored in a secured manner consistent with agency policy.

E. A BWC recording made under Regulation .07 or .09 of this chapter shall be retained for the later of 3 years or the time required under all applicable laws and agency retention schedules.

F. Strict digital security procedures shall be established by a correctional unit for storing BWC recordings to prevent unauthorized access, tampering, or deletion.

#### Regulation .11 Dissemination and Release of Recordings.

*COMAR 12.10.07.11*

A. BWC recordings and related information subject to the MPIA shall be disseminated in accordance with the MPIA.

B. A correctional unit shall consult with counsel as necessary in responding to a MPIA request.

C. If a BWC recording is associated with a criminal investigation, the correctional unit shall consult with a criminal investigative unit or prosecuting attorney prior to release.