Md. Code Ann., Pub. Safety § 3-522
Redline — January 1, 2022 → current.View current text →
Current — January 1, 2025
As of January 1, 2022
(a) (1) In this section the following words have the meanings indicated.
(a) (1) In this section the following words have the meanings indicated.
(2) “Center” means the Crisis Intervention Team Center of Excellence.
(2) “Center” means the Crisis Intervention Team Center of Excellence.
(3) “Collaborative Committee” means the Collaborative Planning and Implementation Committee for the Crisis Intervention Team Center of Excellence.
(3) “Collaborative Committee” means the Collaborative Planning and Implementation Committee for the Crisis Intervention Team Center of Excellence.
(4) “Crisis intervention model program” means a nationally recognized crisis intervention team program developed and published by the University of Memphis in Tennessee or a comparable nationally recognized crisis intervention team program.
(4) “Crisis intervention model program” means a nationally recognized crisis intervention team program developed and published by the University of Memphis in Tennessee or a comparable nationally recognized crisis intervention team program.
(5) “Local behavioral health authority” means the designated county or multicounty authority that is responsible for planning, managing, and monitoring publicly funded mental health, substance–related disorder, and addictive disorder services.
(5) “Local behavioral health authority” means the designated county or multicounty authority that is responsible for planning, managing, and monitoring publicly funded mental health, substance–related disorder, and addictive disorder services.
(b) (1) There is a Crisis Intervention Team Center of Excellence in the Governor’s Office of Crime Control and Prevention.
(b) (1) There is a Crisis Intervention Team Center of Excellence in the Governor’s Office of Crime Prevention and Policy.
(2) The purpose of the Center is to provide technical support to local governments, law enforcement, public safety agencies, behavioral health agencies, and crisis service providers and to develop and implement a crisis intervention model program.
(2) The purpose of the Center is to provide technical support to local governments, law enforcement, public safety agencies, behavioral health agencies, and crisis service providers and to develop and implement a crisis intervention model program.
(3) The Governor’s Office of Crime Control and Prevention shall appoint the following individuals to oversee the Center: (i) a crisis intervention law enforcement coordinator; (ii) a mental health coordinator; (iii) an advocacy coordinator; and (iv) additional coordinators necessary as determined by the Governor’s Office of Crime Control and Prevention. (4) The Center shall be guided by the Collaborative Committee. (5) The Center may: (i) on request, assist a law enforcement agency or local government in implementing a crisis intervention model program; (ii) provide educational resources to law enforcement to promote crisis intervention team programs; and (iii) monitor statewide progress for implementation of crisis intervention model programs.
(3) The Governor’s Office of Crime Prevention and Policy shall appoint the following individuals to oversee the Center: (i) a crisis intervention law enforcement coordinator; (ii) a mental health coordinator; (iii) an advocacy coordinator; and (iv) additional coordinators necessary as determined by the Governor’s Office of Crime Prevention and Policy. (4) The Center shall be guided by the Collaborative Committee. (5) The Center may: (i) on request, assist a law enforcement agency or local government in implementing a crisis intervention model program; (ii) provide educational resources to law enforcement to promote crisis intervention team programs; and (iii) monitor statewide progress for implementation of crisis intervention model programs.
(c) (1) There is a Collaborative Planning and Implementation Committee for the Center.
(c) (1) There is a Collaborative Planning and Implementation Committee for the Center.
(2) The Collaborative Committee shall include the following members: (i) the Executive Director of the Police and Correctional Training Commission, or the Executive Director’s designee; (ii) the Executive Director of the Governor’s Office of Crime Control and Prevention, or the Executive Director’s designee; (iii) the Director of the Behavioral Health Administration, or the Director’s designee; and (iv) the following individuals, appointed by the Executive Director of the Governor’s Office of Crime Control and Prevention: 1. at least one representative of a local behavioral health authority; 2. at least one representative from family and consumer mental health organizations; 3. a representative from the Maryland Municipal League; 4. a representative from the Maryland Chiefs of Police Association; 5. a representative from the Maryland Association of Counties; 6. a representative of a local crisis intervention team; 7. other members determined to be necessary to carry out the work of the Collaborative Committee; and 8. a representative from the Maryland Sheriffs’ Association. (3) A member appointed by the Executive Director of the Governor’s Office of Crime Control and Prevention: (i) serves for a term of 3 years and until a successor is appointed and qualifies; and (ii) may be reappointed. (4) A member of the Collaborative Committee: (i) may not receive compensation as a member of the Collaborative Committee; but (ii) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (5) The Collaborative Committee shall: (i) review services and training provided by the Center; (ii) develop outcome measures for and evaluation of the Center; (iii) develop recommendations for full implementation of the crisis intervention model program at the municipal, county, and State level; and (iv) provide general oversight of the Center.
(2) The Collaborative Committee shall include the following members: (i) the Executive Director of the Maryland Police Training and Standards Commission, or the Executive Director’s designee; (ii) the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee; (iii) the Director of the Behavioral Health Administration, or the Director’s designee; and (iv) the following individuals, appointed by the Executive Director of the Governor’s Office of Crime Prevention and Policy: 1. at least one representative of a local behavioral health authority; 2. at least one representative from family and consumer mental health organizations; 3. a representative from the Maryland Municipal League; 4. a representative from the Maryland Chiefs of Police Association; 5. a representative from the Maryland Association of Counties; 6. a representative of a local crisis intervention team; 7. other members determined to be necessary to carry out the work of the Collaborative Committee; and 8. a representative from the Maryland Sheriffs’ Association. (3) A member appointed by the Executive Director of the Governor’s Office of Crime Prevention and Policy: (i) serves for a term of 3 years and until a successor is appointed and qualifies; and (ii) may be reappointed. (4) A member of the Collaborative Committee: (i) may not receive compensation as a member of the Collaborative Committee; but (ii) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget. (5) The Collaborative Committee shall: (i) review services and training provided by the Center; (ii) develop outcome measures for and evaluation of the Center; (iii) develop recommendations for full implementation of the crisis intervention model program at the municipal, county, and State level; and (iv) provide general oversight of the Center.
(d) (1) Subject to paragraph (2) of this subsection, the operation of the Center and Collaborative Committee shall be supported by:
(i) appropriations provided in the State budget;
(ii) grants or other assistance from federal, State, or local government; and
(iii) any other money made available to the Center from any public or private source.
(2) The operation of the Center is subject to the limitations of the State budget and their funds received under this subsection.
(d) (1) Subject to paragraph (2) of this subsection, the operation of the Center and Collaborative Committee shall be supported by:
(i) appropriations provided in the State budget;
(ii) grants or other assistance from federal, State, or local government; and
(iii) any other money made available to the Center from any public or private source.
(2) The operation of the Center is subject to the limitations of the State budget and their funds received under this subsection.
(e) (1) On or before December 1 each year, the Center shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: (i) the activities of the Center; and (ii) related criminal justice efforts occurring at the State and local levels to direct individuals away from the criminal justice system and emergency medical system by providing access to alternative services at the earliest possible point in the individual’s encounter with law enforcement. (2) The report shall include an analysis regarding any deficiencies and recommendations on priorities for improving the criminal justice system response to and treatment of individuals with mental illness. §3–523. NOT IN EFFECT ** TAKES EFFECT JULY 1, 2022 PER CHAPTER 60 OF 2021 ** (a) (1) In this section the following words have the meanings indicated. (2) “Employee assistance program” means a work–based program offered to all police officers that provides access to voluntary and confidential services to address the mental health issues of a police officer stemming from personal and work–related concerns, including stress, financial issues, legal issues, family problems, office conflicts, and alcohol and substance abuse disorders. (3) “Law enforcement agency” has the meaning stated in § 3–201 of this title. (4) “Police officer” has the meaning stated in § 3–201 of this title. (b) Each law enforcement agency shall provide access to an employee assistance program for all police officers whom the law enforcement agency employs. (c) The employee assistance program required by this section shall provide police officers access to confidential mental health services, including: (1) counseling services; (2) crisis counseling; (3) stress management counseling; (4) resiliency sessions; and (5) peer support services for police officers. (d) (1) In addition to the requirements of § 3–516 of this subtitle and subject to paragraph (2) of this subsection, as part of the employee assistance program required by this section, before a police officer returns to full duty, a law enforcement agency shall provide: (i) a voluntary mental health consultation and voluntary counseling services to the police officer if the police officer is involved in an incident involving an accident resulting in a fatality; and (ii) a mandatory mental health consultation and voluntary counseling services to the police officer if the police officer is involved in an incident involving: 1. a serious injury to the police officer; 2. an officer–involved shooting; or 3. any use of force resulting in a fatality or serious injury. (2) A mental health consultation and counseling service provided under paragraph (1) of this subsection shall be confidential. (e) The employee assistance program required by this section shall include a component designed to protect the mental health of police officers during periods of public demonstrations and unrest.
(e) (1) On or before December 1 each year, the Center shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on: (i) the activities of the Center; and (ii) related criminal justice efforts occurring at the State and local levels to direct individuals away from the criminal justice system and emergency medical system by providing access to alternative services at the earliest possible point in the individual’s encounter with law enforcement. (2) The report shall include an analysis regarding any deficiencies and recommendations on priorities for improving the criminal justice system response to and treatment of individuals with mental illness.
(f) Each law enforcement agency shall develop a policy to provide access to the services required by this section at no cost to a police officer.
§3–524. NOT IN EFFECT
** TAKES EFFECT JULY 1, 2022 PER CHAPTER 60 OF 2021 **
(a) This section shall be known as the Maryland Use of Force Statute.
(b) (1) In this section the following words have the meanings indicated.
(2) “Law enforcement agency” has the meaning stated in § 3–201 of this title.
(3) “Police officer” means:
(i) a police officer as defined in § 3–201 of this title; or
(ii) a special police officer as defined in § 3–301 of this title.
(4) “Serious physical injury” has the meaning stated in § 3–201 of the Criminal Law Article.
(c) Each police officer shall sign an affirmative written sanctity of life pledge to respect every human life and act with compassion toward others.
(d) (1) A police officer may not use force against a person unless, under the totality of the circumstances, the force is necessary and proportional to:
(i) prevent an imminent threat of physical injury to a person; or
(ii) effectuate a legitimate law enforcement objective.
(2) A police officer shall cease the use of force as soon as:
(i) the person on whom the force is used:
1. is under the police officer’s control; or
2. no longer poses an imminent threat of physical injury or death to the police officer or to another person; or
(ii) the police officer determines that force will no longer accomplish a legitimate law enforcement objective.
(e) A police officer shall:
(1) when time, circumstances, and safety allow, take steps to gain compliance and de–escalate conflict without using physical force;
(2) intervene to prevent or terminate the use of force by another police officer beyond what is authorized under subsection (d) of this section;
(3) render basic first aid to a person injured as a result of police action and promptly request appropriate medical assistance; and
(4) fully document all use of force incidents that the officer observed or was involved in.
(f) A police supervisor shall:
(1) respond to the scene of any incident during which a police officer used physical force and caused serious physical injury; and
(2) gather and review all known video recordings of a use of force incident.
(g) A law enforcement agency shall:
(1) have a written de–escalation of force policy; and
(2) adopt a written policy requiring supervisory and command–level review of all use of force incidents.
(h) A police officer shall:
(1) undergo training on when a police officer may or may not draw a firearm or point a firearm at a person and enforcement options that are less likely to cause death or serious physical injury, including scenario–based training, de–escalation tactics and techniques, and reasonable alternatives to decrease physical injury; and
(2) sign a training completion document stating that the officer understands and shall comply with the Maryland Use of Force Statute.
(i) (1) A police officer may not intentionally violate subsection (d) of this section, resulting in serious physical injury or death to a person.
(2) A police officer who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years.
(3) A sentence imposed under this subsection may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing a violation of this subsection.
Official source: Maryland General Assembly. Reproduced from public-domain Maryland statutes; confirm against the official source for the current text. Not legal advice.