Md. Code Regs. 12.11.01.05

Current through Register Vol. 51, No. 9, May 3, 2024

Section 12.11.01.05 - Incidents Required to be Reported to the IIU

A. Except as provided under §B of this regulation, an employee shall immediately notify the Director, or a designee, if the employee is involved in or has knowledge of:

(1) An alleged violation by an employee of:

(a) The criminal law of the United States, a state, or a political subdivision of a state;

(b) Transportation Article, Annotated Code of Maryland, or an equivalent law of another state, involving the operation of a motor vehicle while under the influence of alcohol or a CDS; or

(c) Maryland Public Ethics Law, State Government Article, Title 15, Annotated Code of Maryland;

(2) An alleged violation of the criminal law of the United States, a state, or a political subdivision of a state committed by an inmate, a visitor, a nonagency employee, or other individual that affects the safety or security of a Department facility;

(3) An allegation of excessive force by an employee or nonagency employee;

(4) The possession or trafficking of contraband by an inmate, employee, or nonagency employee at a Department facility;

(5) An allegation that an on-duty employee or nonagency employee is under the influence of alcohol or a CDS, including the illegal use of a prescription drug;

(6) The death of an employee or nonagency employee while on duty;

(7) The death of an off-duty employee or nonagency employee if the manner of death:

(a) Is connected to the individual's employment with or services the individual provides to the Department; or

(b) Could have a negative effect on the Department;

(8) The death of an inmate;

(9) An attempted suicide by an inmate;

(10) An escape or attempted escape by an inmate;

(11) An incident where an employee displays or handles a firearm in a careless or unsafe manner;

(12) An incident where an employee discharges a firearm, other than on a firing range;

(13) The arrest of, or service of a criminal summons on, an employee or nonagency employee;

(14) The execution of a search warrant on property owned by or under the control of an employee or nonagency employee;

(15) An allegation of prohibited social, personal, intimate, or sexual relationship between an inmate and an employee or nonagency employee;

(16) An allegation of prohibited communication, transaction, association, or relationship, between an employee or nonagency employee and the following acting on behalf of an inmate:

(a) Visitor;

(b) Friend;

(c) Relative; or

(d) Other individual;

(17) An allegation involving an employee or nonagency employee which, if publicized, would reflect negatively on the Department or State; and

(18) An allegation involving an agency head or the agency head's staff, which, if handled by the agency head or the agency head's superior, could pose a conflict of interest.

B. If an allegation required to be reported under §A of this regulation is discovered during a proceeding properly before the Inmate Grievance Office, as part of the administrative remedy procedure, or other similar Department administrative process, the employee responsible for the process:

(1) May notify the Director, or a designee, if, in the employee's judgment, the allegation warrants notifying the IIU; and

(2) Shall notify the Director, or a designee, if, while processing an allegation, another allegation required to be reported under §A of this regulation is discovered that warrants notification according to §B(1) of this regulation.

Md. Code Regs. 12.11.01.05