2013 Maryland Code
CORRECTIONAL SERVICES
§ 11-1005 - Investigation or interrogation

§11-1005.

(a) The investigation or interrogation by an internal investigation 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) For purposes of this section, the investigating officer or interrogating officer shall be a sworn law enforcement or correctional official or an individual with former law enforcement or corrections experience.

(c) (1) A complaint against a correctional officer that alleges brutality in the execution of the correctional officer’s duties may not be investigated unless the complaint is sworn to, before an official authorized to administer oaths, by:

(i) the aggrieved individual;

(ii) a member of the aggrieved individual’s immediate family;

(iii) an individual with firsthand knowledge obtained because the individual was present at and observed the alleged incident; or

(iv) the parent or guardian of the minor child, if the alleged incident involves a minor child.

(2) Unless a complaint is filed within 90 days after the alleged brutality, an investigation that may lead to disciplinary action under this subtitle for brutality may not be initiated.

(d) (1) The correctional officer under investigation shall be informed of the name, rank, and command of:

(i) the law enforcement or correctional official or other individual in charge of the investigation;

(ii) the interrogating official; and

(iii) each individual present during an interrogation.

(2) Before an interrogation, the correctional officer under investigation shall be informed in writing of the nature of the investigation.

(e) 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 all of the correctional officer’s rights before the interrogation begins.

(f) 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.

(g) (1) The interrogation shall take place:

(i) at the office of the command of the investigating officer or at the office of the managing official of the correctional facility in which the incident allegedly occurred, as designated by the investigating official; or

(ii) at another reasonable and appropriate place.

(2) The correctional officer under investigation may waive the right described in paragraph (1)(i) of this subsection.

(h) (1) All questions directed to the correctional officer under interrogation shall be asked by and through one interrogating officer during any one session of interrogation consistent with paragraph (2) of this subsection.

(2) Each session of interrogation shall:

(i) be for a reasonable period; and

(ii) allow for personal necessities and rest periods as reasonably necessary.

(i) The correctional officer under interrogation may not be threatened with transfer, dismissal, or disciplinary action.

(j) (1) (i) On request, the correctional officer under interrogation has the right to be represented by counsel or another responsible representative of the correctional officer’s choice who shall be present and available for consultation at all times during the interrogation.

(ii) The correctional officer may waive the right described in subparagraph (i) of this paragraph.

(2) (i) The interrogation shall be suspended for a period not exceeding 10 days until representation is obtained.

(ii) Within the 10-day period described in subparagraph (i) of this paragraph, the managing official, for good cause shown, may extend 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.

(k) (1) A complete record shall be kept of the entire interrogation, including all recess periods, of the correctional officer.

(2) The record may be written, taped, or transcribed.

(3) On completion of the investigation, and on request of the correctional officer under investigation or the correctional officer’s counsel or representative, a copy of the record of the interrogation shall be made available at least 10 days before a hearing.

(l) (1) The internal investigation unit 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 internal investigation unit orders the correctional officer to submit to a test, examination, or interrogation described in paragraph (1) of this subsection and the correctional officer refuses to do so, the internal investigation unit may commence an action that may lead to a punitive measure as a result of the refusal.

(3) If the internal investigation unit orders the correctional officer 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.

(m) (1) If the internal investigation unit orders the correctional officer to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in an administrative hearing unless the internal investigation unit 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.

(n) (1) On completion of an investigation and at least 10 days before a hearing, the correctional officer under investigation shall be:

(i) notified of the name of each witness and of each charge and specification against the correctional officer; and

(ii) provided with a copy of the investigatory file and any exculpatory information, if the correctional officer and the correctional officer’s representative agree to:

1. execute a confidentiality agreement with the internal investigation unit not to disclose any material contained in the investigatory file and exculpatory information for any purpose other than to defend the correctional officer; and

2. pay a reasonable charge for the cost of reproducing the material.

(2) The internal investigation unit may exclude from the exculpatory information provided to a correctional officer under this subsection:

(i) the identity of confidential sources;

(ii) nonexculpatory information; and

(iii) recommendations as to charges, disposition, or punishment.

(o) (1) The internal investigation unit may not insert adverse material into a file of the correctional officer, except the file of the internal investigation, unless the correctional officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.

(2) The correctional officer may waive the right described in paragraph (1) of this subsection.