Md. Code Regs. 12.10.01.20

Current through Register Vol. 51, No. 25, December 13, 2024
Section 12.10.01.20 - Disqualifying Criminal Convictions for Correctional Officers
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.

Md. Code Regs. 12.10.01.20

Regulation .20 adopted effective September 29, 2003 (30:19 Md. R. 1333)
Regulation .20A, B amended effective January 1, 2010 (36:26 Md. R. 1996)
Regulation .20A amended effective 41:3 Md. R. 202, eff.2/17/2014