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Md. Code Regs. 12.11.01.05 : DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES — OFFICE OF THE SECRETARY — Internal Investigation Unit — Incidents Required to be Reported to the IIU
Text
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
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