Md. Code Regs. 12.04.01.12

Current through Register Vol. 51, No. 12, June 14, 2024

Section 12.04.01.12 - Police Officer Annual In-Service Training and Qualification

A. Police Officer Annual In-Service Training Requirements.

(1) An agency head shall ensure that a certified police officer at or below the rank of first-line supervisor completes a minimum of 18 hours of Commission-approved in-service training each calendar year.

(2) The Commission shall only accept successful completion of Commission-approved training toward a police officer's annual in-service training requirements.

(3) For annual in-service training, the Commission may approve independent electronic instruction through which information on an identified topic is provided to a police officer through the officer's interaction with an electronic medium, and without the immediate supervision or assistance of an individual identified as the training instructor.

(4) Commission-approved police officer in-service training may be conducted according to Commission requirements by the police officer's law enforcement agency, another law enforcement agency, school, academy, or organization.

(5) The Commission does not require a Commission-certified police officer to meet the in-service training requirement under this regulation during the same calendar year the police officer successfully completes Commission-approved police officer entrance-level training.

(6) The Commission may apply training received by a police officer successfully completing Commission-approved supervisor, administrator, or instructor training toward the police officer's annual in-service requirement in the same calendar year that the police officer successfully completed the Commission-approved supervisor, administrator, or instructor training.

(7) Beginning in the year 2004 and every third year thereafter, police officer annual in-service training curriculum and minimum courses of study shall include special training in, attention to, and study of the application and enforcement of:

(a) The criminal laws concerning rape, sexual offenses, the sexual abuse and exploitation of children, and related evidentiary procedures;

(b) The contact with and treatment of victims of crimes and delinquent acts;

(c) The notices, services, support, and rights available to victims and victim's representatives under Maryland law; and

(d) The notification of victims of identity fraud and related crimes of their rights under federal law.

(8) No later than December 31, 2013, a police officer required to complete annual in-service training under this regulation shall successfully complete Commission-approved autism awareness training if the police officer has not previously successfully completed autism awareness training as part of a Commission-approved entrance-level training program.

(9) No later than December 31, 2016, and within every 2 years after that date, a police officer required to complete annual in-service training under this regulation shall successfully complete a Commission-approved training program on lifesaving techniques, including cardiopulmonary resuscitation (CPR).

B. Annual Police Officer Firearms Training and Qualification Requirements.

(1) Each Commission-certified police officer shall qualify annually with each firearm the law enforcement agency authorizes the police officer to use or carry on-duty or off-duty on each of a Commission-approved:

(a) Day-fire course of fire; and

(b) Reduced light course of fire.

(2) Annual firearms training and qualification shall be conducted according to provisions under COMAR 12.04.02.

(3) Annual firearms training and qualification is not required in the same year that a Commission-certified police officer successfully completes Commission-approved police officer:

(a) Entrance-level firearms training and qualification;

(b) Conversion training under COMAR 12.04.02;

(c) Refresher firearms training under Regulation .07B(4)(c) of this chapter; or

(d) Firearms instructor training under COMAR 12.04.06.

(4) Before being authorized to carry or use a firearm, a police officer who has not qualified with an authorized firearm for 3 or more consecutive calendar years shall complete a Commission-approved:

(a) Entrance-level firearms training program and firearms qualification under COMAR 12.04.02; or

(b) Firearms refresher training course and firearms qualification under Regulation .07B(4) of this chapter.

C. Police Officer Annual In-Service Program and Firearms Training and Qualification Approval.

(1) The Commission shall:

(a) Determine the format for submitting training programs for approval; and

(b) Assign a program number to approved programs.

(2) A request for the Commission to approve training shall include:

(a) The topics to be studied;

(b) The time allocated to each topic;

(c) A brief explanation of why the topic is included, in terms of current job needs; and

(d) Identification of each instructor teaching a topic and the number of hours that the instructor is scheduled to teach.

(3) Except as provided under §C(4) of this regulation, the Commission may approve a police officer annual in-service program or annual firearms training and qualification program for a period of 3 years.

(4) The training director of a law enforcement agency, academy, or school shall resubmit a training program under this regulation to the Commission for subsequent approval when:

(a) A significant change is made in the format or content of the approved program; or

(b) 3 years have elapsed since the initial program approval, regardless of whether any changes have been made to the original approved program.

D. Curriculum, Attendance, and Testing for Police Officer Annual In-Service Training and Firearms Training and Qualification.

(1) The agency head shall report a police officer's successful completion of Commission-approved in-service training or firearms training and qualification to the Commission on or before January 31 of the year immediately following the training.

(2) The agency head shall report the information in a format determined by the Commission.

(3) Testing.

(a) A training director of a Commission-approved academy or school shall ensure that each police officer attending Commission-approved training is tested to determine successful completion.

(b) An alternate method of recording successful completion of the training may be used if approved by the Commission.

(c) A police officer shall obtain a minimum score of 70 percent on a test for the respective training before the Commission may apply the training toward the police officer's training requirements under this regulation.

(4) The Commission requires that Commission-approved in-service training and firearms training and qualification have a method of evaluation.

(5) If a police officer 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 police officer 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 police officer to receive full or partial credit.

E. Attendance at Training Hosted by Other Agencies.

(1) An agency head may send a police officer to Commission-approved in-service training or firearms training and qualification hosted by another agency without prior Commission approval.

(2) The agency head sending the police officer to training hosted by another agency shall ensure that the training has an approval number assigned by the Commission.

(3) The agency head sending the police officer to training hosted by another agency is responsible for submission of training scores to the Commission.

F. Failure to Complete Required Training.

(1) Except for §F(2) of this regulation, if a police officer does not receive the entire 18 hours of in-service training by December 31 in a calendar year, the agency head shall add the number of hours missed in that calendar year to the 18 hours required in the following calendar year.

(2) If an officer is scheduled for certification renewal on July 1 of any year but did not receive the entire 18 hours of annual in-service training by December 31 of the previous calendar year, the agency head shall provide the officer:

(a) Before the July 1 date on which the officer is scheduled for certification renewal, the hours of annual in-service training missed for the calendar year immediately before July 1 date; and

(b) Before December 31 of the year during which the officer's certification renewal is scheduled, the 18 hours of annual in-service training required to be completed by the officer for that year.

(3) If a police officer does not successfully complete annual firearms training and qualification with an authorized firearm before December 31 of a calendar year, the agency head may not permit the police officer to use or carry the firearm until the police officer successfully meets Commission requirements for firearms training and qualification with that firearm.

(4) If a police officer is scheduled for certification renewal, the police officer shall successfully complete Commission requirements for firearms training and qualification for the firearm before July 1 in the following year.

(5) Nonofficer Status.

(a) In-service Training. If a police officer fails to complete annual in-service training because the officer was on official nonofficer status, the officer shall complete the required annual in-service training in the year in which the officer returns to active duty.

(b) Firearms Training.

(i) If a police officer fails to complete annual firearms qualification because the officer was on approved nonofficer status, but has completed annual firearms qualification within 3 years of returning to active duty from nonofficer status, before the officer may use or carry an authorized firearm, the officer shall qualify with the authorized firearm when the officer returns to active duty. Additionally if the officer's certification has lapsed, the officer shall meet the requirements of this chapter be recertified by the Commission.

(ii) If a police officer returning to active duty as a police officer has not qualified with an authorized firearm within 3 consecutive calendar years immediately preceding return, before the officer may use or carry an authorized firearm the officer shall successfully complete a Commission-approved entrance-level firearms training program and qualification for the firearm under COMAR 12.04.02, or a firearms refresher training course and firearms qualification for the authorized firearm under COMAR 12.04.02 or a firearms refresher training program and qualification under Regulation .07B(4)(c) of this chapter. Additionally, if certification has lapsed, the officer shall meet the requirements of this chapter to be recertified by the Commission.

(6) Except for a police officer reported on nonofficer status, if an agency head does not provide required training in 2 consecutive years or displays a pattern of not providing the required training over several years, the Executive Director, or a designee, shall report the matter to the Commission for action the Commission deems appropriate.

(7) If an agency head does not provide documentation of missed training in a timely manner, certification renewal may be delayed.

G. Waivers.

(1) The Commission may grant a waiver of annual in-service training or firearms training and qualification requested by an agency head, if the agency head submits proof that the police officer successfully completed comparable training in the same year.

(2) A request for a waiver of training requirements under this regulation shall be submitted, in accordance with Regulation .14 of this chapter by the agency head.

H. Audit Requirements.

(1) Commission-approved annual in-service training and firearms training and qualification is subject to review and audit by the Commission.

(2) Each law enforcement agency, academy, and school providing Commission-approved annual in-service training or firearms training and qualification shall maintain documentation, including:

(a) Curriculum;

(b) Listing of instructors;

(c) Attendance;

(d) Test and examination scores; and

(e) Other information required by this regulation.

(3) An agency head shall maintain records of training provided to a police officer at other agencies, schools, or academies until audited by the Commission.

(4) To verify compliance with Commission requirements, the Commission shall annually audit a portion of the the following Commission-approved annual in-service programs:

(a) Law enforcement training;

(b) Electronic control device training;

(c) Firearms training; and

(d) Firearms qualification.

Md. Code Regs. 12.04.01.12

Regulations .12 amended effective July 14, 1978 (5:14 Md. R. 1137)
Regulation .12 adopted effective February 20, 1989 (16:3 Md. R. 345)
Regulation .12 repealed and new Regulation .12 adopted effective January 1, 1992 (18:22 Md. R. 2397)
Regulations .12 repealed and new Regulations .12 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Regulations .12 amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Regulation .12 amended effective March 15, 2004 (31:5 Md. R. 450); August 30, 2004 (31:17 Md. R. 1312)
Regulation .12C amended effective January 20, 2003 (30:1 Md. R. 25)
Regulation .12A amended effective March 7, 2011 (38:5 Md. R. 318); November 12, 2012 (39:22 Md R. 1429)
Regulation .12 amended effective November 25, 2013 (40:23 Md. R. 1935)
Regulation .12 amended effective 42:17 Md. R. 1111, eff.8/31/2015