Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 10 - CORRECTIONAL TRAINING COMMISSION
Chapter 12.10.01 - General Regulations
Section 12.10.01.01 - Definitions

Universal Citation: MD Code Reg 12.10.01.01

Current through Register Vol. 51, No. 19, September 20, 2024

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Academy" means a college, school, correctional unit, training unit, or training facility approved or certified by the Commission under this chapter to conduct entrance-level training.

(2) "Addictions counselor" means a mandated employee, a Department of Juvenile Services employee, or an employee of a correctional unit:
(a) Designated by the individual's employer as an addictions counselor;

(b) Performing duties similar to duties of an addictions counselor; or

(c) With the primary duty to provide alcohol or substance abuse drug treatment or counseling services for:
(i) Individuals under the jurisdiction of a correctional unit; or

(ii) Juveniles under the jurisdiction of the Department of Juvenile Services.

(3) Agency Head.
(a) "Agency head" means:
(i) A warden, a correctional administrator, a sheriff, an individual with an equivalent position, or a designee; or

(ii) An individual appointed, employed, or elected to manage, administer, or supervise a correctional unit, or a designee.

(b) "Agency head" includes the Secretary of Juvenile Services or the Secretary's designee.

(4) "Applicant" means the individual named on the application for certification and for whom the correctional unit is seeking certification.

(5) "Application for certification (AFC)" means a form approved by the Commission that is an official record verifying that an individual has met the applicable Commission selection standards for a mandated position.

(6) "Case management specialist (CMS) " means a Department of Juvenile Services employee who provides case management or treatment services for juveniles under the supervision of the Department of Juvenile Services (DJS).

(7) "Certification" means the legal authority under Correctional Services Article, § 8-208, Annotated Code of Maryland, conferred by the Commission authorizing an individual to exercise duties related to the investigation, care, custody, control, or supervision of inmates in the custody or under the supervision of a correctional unit after complying with applicable Commission selection and training standards specified in this chapter.

(8) "Classification counselor" means an employee who provides case management, counseling, or classification services to an inmate in the custody or under the supervision of a correctional facility.

(9) "Commission" means the Correctional Training Commission or a representative authorized to act on behalf of the Commission.

(10) "Controlled dangerous substance" has the meaning stated in Criminal Law Article, § 5-101, Annotated Code of Maryland.

(11) "Correctional officer" has the meaning stated in Correctional Services Article, § 8-201, Annotated Code of Maryland.

(12) "Correctional unit" has the meaning stated in Correctional Services Article, § 8-201, Annotated Code of Maryland.

(13) "Criminal gang" has the meaning stated in Criminal Law Article, § 9-801, Annotated Code of Maryland.

(14) "Department of Juvenile Services employee" has the meaning stated in Correctional Services Article, § 8-201, Annotated Code of Maryland.

(15) "Deputy Director" means the Deputy Director for the Police and Correctional Training Commissions, or a designee.

(16) Derogatory Information.
(a) "Derogatory information" means negative information developed during a background investigation or reported to a correctional unit that may adversely affect the ability of an individual to perform the duties of a mandated position.

(b) "Derogatory information" includes, but is not limited to, information related to an individual's membership in a criminal gang.

(17) "Drug dependent person" has the meaning stated in Criminal Law Article, § 5-101, Annotated Code of Maryland.

(18) "Executive Director" means the Executive Director of the Police and Correctional Training Commissions.

(19) "Felony conviction" means an offense classified as such under the law of Maryland, another state, or the United States, including the District of Columbia.

(20) "First-line administrator" means a mandated employee who is promoted to a position that is designated by the correctional unit as exercising first-line administrative authority as defined under Correctional Services Article, § 8-201, Annotated Code of Maryland, for a correctional administrator.

(21) "First-line supervisor" means a mandated employee who is promoted to a position that is designated by the correctional unit as exercising first-line supervisory authority as defined under Correctional Services Article, § 8-201, Annotated Code of Maryland, for a correctional supervisor.

(22) "Institutional support staff" means a mandated employee who performs one or more of the duties of a correctional officer, but whose primary duties are other than that of a correctional officer, classification counselor, parole and probation agent, or monitor.

(23) "Juvenile Services support staff means an individual employed by the Department of Juvenile Services who performs one or more of the duties of a Department of Juvenile Services employee, but whose primary duties are other than those of a case management specialist or resident advisor.

(24) "Mandated employee" means an individual required to comply with this chapter.

(25) Mandated Position.
(a) "Mandated position" means a job classification required to comply with this chapter.

(b) "Mandated position" includes a correctional officer, classification counselor, institutional support staff member, parole and probation agent, monitor, case management specialist or resident advisor, and Juvenile Services support staff.

(26) Misdemeanor Conviction.
(a) "Misdemeanor conviction" includes an offense classified as such by the laws of Maryland, another state, or the United States, including the District of Columbia.

(b) "Misdemeanor conviction" does not include a violation of a federal or state motor vehicle code except for:
(i) Vehicle operation resulting in the death of an individual, such as auto manslaughter;

(ii) Unauthorized use or theft of a motor vehicle;

(iii) Driving while intoxicated, under the influence of drugs, or alcohol, or both; or

(iv) Operating a motor vehicle without a license or while a license is suspended or revoked.

(27) "Monitor" means a drinking driver monitor employed by the Division of Parole and Probation.

(28) Moral Turpitude.
(a) "Moral turpitude" means conduct that demonstrates negative characteristics directly related to the individual's fitness or qualification to hold a mandated position.

(b) "Moral turpitude" includes, but may not be limited to:
(i) Conduct demonstrating untruthfulness;

(ii) Conduct demonstrating lack of trust;

(iii) Conduct demonstrating lack of responsibility; or

(iv) Other conduct that may undermine public trust.

(29) "Nonofficer status" means a situation in which a mandated employee, who continues to be employed by a correctional unit in a mandated position, is temporarily relieved of duties by a correctional unit, without any effect on the mandated employee's Commission certification or eligibility for Commission certification or recertification:
(a) For medical or administrative reasons that prevent the mandated employee from completing Commission-required training; or

(b) For the purpose of suspending Commission-required training.

(30) "Offense involving violence" means an offense where the applicant was convicted of a crime involving the application of force or physical violence, the attempt to commit such a crime, or any assault.

(31) "Parole and probation agent" means a Division of Parole and Probation employee who provides case management, supervision, and other programming services to individuals under the supervision of the Division of Parole and Probation.

(32) "Probationary period" has the meaning stated in Correctional Services Article, § 8-209(b), Annotated Code of Maryland for probationary appointment.

(33) "Provisional appointment" has the meaning stated in Correctional Services Article, § 8-209, Annotated Code of Maryland.

(34) "Resident advisor (RA) " means a Department of Juvenile Services employee who provides custodial services to juveniles under the supervision of the Department of Juvenile Services.

(35) "Training director" means the director of an academy, school, or training unit, or a designee, authorized to act for the agency head in training matters.

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