2010 Maryland Code
TITLE 10 - STATE CORRECTIONAL FACILITIES
Subtitle 9 - State Correctional Officers' Bill of Rights
Section 10-905 - Investigation or interrogation.
§ 10-905. Investigation or interrogation.
(a) In general.- The investigation or interrogation by the appointing authority or by the Internal Investigative Unit of a correctional officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section.
(b) Investigating or interrogating officer.- The investigating officer or interrogating officer shall be a member of the Internal Investigative Unit or a designee of the appointing authority.
(1) At least 24 hours before an interrogation, the correctional officer under investigation shall be informed of the name, rank, and command of:
(i) the person in charge of the investigation;
(ii) the interrogating officer; and
(iii) each individual who will be present during the interrogation.
(2) At least 24 hours before an interrogation, the correctional officer under investigation shall be informed in writing by the appointing authority of:
(i) the nature of the investigation; and
(ii) the correctional officer's rights under this subtitle.
(d) Rights before interrogation.- If the correctional officer under interrogation is under arrest, or is likely to be placed under arrest as a result of the interrogation, the correctional officer shall be informed completely of the correctional officer's constitutional rights before the interrogation begins.
(e) When conducted.- Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the correctional officer is on duty.
(f) Location.- The interrogation shall take place at:
(1) the appointing authority's office;
(2) the appointing authority's conference room; or
(3) another reasonable and appropriate place.
(1) All questions directed to the correctional officer under interrogation shall be asked by one person during any one session of interrogation.
(2) Each session of interrogation shall allow for personal necessities and rest periods as reasonably necessary.
(h) Threatening of correctional officer prohibited.- The correctional officer under interrogation may not be threatened with criminal prosecution, transfer, dismissal, or disciplinary action.
(i) Right to counsel.-
(1) If requested by or on behalf of the correctional officer under investigation, the correctional officer may not be questioned or interrogated, and any current questioning or interrogation must cease, unless:
(i) 1. the correctional officer is represented by legal counsel selected by the correctional officer;
2. the correctional officer is represented by an agent of the exclusive representative of the correctional officer designated under § 3-406 of the State Personnel and Pensions Article; or
3. the correctional officer chooses an agent of the employee organization selected by the correctional officer for an investigation under this subtitle if the correctional officer is not within the bargaining unit for which an exclusive representative is designated; and
(ii) the legal counsel or the agent selected by the correctional officer is present and available for consultation at all times during the interrogation.
(2) (i) Subject to subparagraph (ii) of this paragraph, if representation is not available, the interrogation shall be suspended until representation is obtained.
(ii) A suspension of interrogation under subparagraph (i) of this paragraph may not exceed 10 days unless the appointing authority, for good cause shown, extends the period for obtaining representation.
(3) During the interrogation, the correctional officer's counsel or representative may:
(i) request a recess at any time to consult with the correctional officer;
(ii) object to any question posed; and
(iii) state on the record outside the presence of the correctional officer the reason for the objection.
(1) A complete record shall be kept of the entire interrogation, including all recess periods.
(2) The record shall be made by electronic equipment or by a stenographer.
(3) On completion of the investigation, and on request of the correctional officer or the correctional officer's counsel or representative, a copy of the record of the interrogation shall be provided within 5 days of the request.
(k) Testing for controlled dangerous substances.-
(1) The person assigned to conduct the investigation may order the correctional officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.
(2) If the correctional officer is ordered to submit to a test, examination, or interrogation described in paragraph (1) of this subsection and the correctional officer refuses to do so, the appointing authority may commence an action that may lead to discipline as a result of the refusal.
(3) If a correctional officer is ordered to submit to a test, examination, or interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the correctional officer.
(l) Polygraph examination.-
(1) If the correctional officer is ordered to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in a hearing board or an administrative hearing unless the appointing authority and the correctional officer agree to the admission of the results.
(2) The correctional officer's counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygrapher if:
(i) the questions to be asked are reviewed with the correctional officer or the counsel or representative before the administration of the examination;
(ii) the counsel or representative is allowed to observe the administration of the examination; and
(iii) a copy of the final report of the examination by the certified polygrapher is made available to the correctional officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination.
(m) Investigatory file and exculpatory information.- On completion of an investigation and at least 20 days before a hearing, the correctional officer under investigation shall be:
(1) notified of the name of each witness and of each charge and specification against the correctional officer; and
(2) provided with a copy of the investigatory file and any exculpatory information, if the correctional officer and the correctional officer's counsel or representative agree to execute a confidentiality agreement with the appointing authority or the Internal Investigative Unit not to disclose any material contained in the investigatory file or exculpatory information for any purpose other than to defend the correctional officer.
(n) Adverse material.- A person may not insert adverse material into a file of the correctional officer, except the file of the Internal Investigative Unit, unless the correctional officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.
[2010, ch. 194.]
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