Sec. 12.10.01.16. Mandated Employee In-Service Training and Firearms Training and Qualification

A. Mandated Employee In-Service Training.

(1) An agency head shall ensure that a mandated employee at or below the rank of a first-line supervisor completes a minimum of 18 hours of Commission-approved mandated employee in-service training by December 31 of each calendar year.

(2) The Commission shall only accept successful completion of Commission-approved mandated employee in-service training toward a mandated employee's in-service training requirements.

(3) Commission-approved mandated employee in-service training may be conducted, according to Commission requirements, by the individual's agency or another agency.

(4) The Commission does not require a Commission-certified mandated employee to meet the in-service training requirement under this regulation during the same calendar year the mandated employee successfully completed Commission-approved entrance-level mandated employee training for the same mandated position.

(5) The Commission may apply a mandated employee's successful completion of Commission-approved supervisor, administrator, or instructor training toward a mandated employee's in-service training requirement for the calendar year in which the Commission-approved supervisor, administrator, or instructor training was completed.

(6) An agency head who receives a waiver of the Commission requirements for an employee to complete Commission-approved mandated employee entrance-level training under Regulation .19 of this chapter shall ensure that the mandated employee successfully completes Commission-approved mandated employee in-service training during the first full calendar year of employment and during each successive calendar year of employment in the mandated position with the correctional unit.

B. Mandated Employee Firearms Training and Qualification Requirements.

(1) A mandated employee, authorized to carry or use a firearm, shall complete Commission-approved firearms training and qualification under COMAR 12.10.04 during each calendar year.

(2) The Commission does not require a mandated employee required to carry or use a firearm to complete firearms training and qualification under this regulation if, in the same calendar year, the mandated employee successfully completes Commission-approved:

(a) Entrance-level firearms training and qualification with the same firearm;

(b) Firearms instructor training and qualification under COMAR 12.10.04 for the same firearm;

(c) Firearms refresher training and qualification under COMAR 12.10.04 for the same firearm; or

(d) Firearms conversion training and qualification under COMAR 12.10.04 for the same firearm.

C. Mandated Employee In-Service Training and Firearms Training and Qualification Approval.

(1) The Commission shall:

(a) Determine the format for submitting training for approval; and

(b) Assign a program number to approved training.

(2) Training is not approved until the Commission assigns a program number.

(3) A request for the Commission to approve training shall:

(a) Include the topics to be studied;

(b) Include the time allocated to each topic;

(c) Include a brief explanation of why, in terms of current job needs, the topics are included;

(d) Identify each instructor providing training on a specific subject and the number of hours that the instructor is scheduled to provide the training on the subject; and

(e) Unless the Commission instructs otherwise, be submitted to the Commission at least 20 working days before the training is scheduled to begin.

(4) Only an instructor certified by the Commission or the Police Training Commission may conduct Commission-approved training unless the individual providing the training is exempt under COMAR 12.04.06 or 12.10.06 from instructor certification requirements.

(5) Except for provisions under §C(6) of this regulation, the Commission may approve mandated employee training for a period of 3 years.

(6) The agency head or training director of a correctional unit, agency, academy, or school conducting Commission-approved mandated employee training shall submit training to the Commission for approval:

(a) When a significant change is made in the format or content of Commission-approved training; or

(b) After the period of approval established by the Commission has expired.

D. Curriculum, Attendance, and Testing for Mandated Employee In-Service Training, Firearms Training and Qualification.

(1) The agency head or training director shall report a mandated employee's successful completion of Commission-approved in-service training to the Commission on or before January 31 of the year immediately following the training.

(2) The agency head or training director shall report in-service training information in a format determined by the Commission.

(3) Testing.

(a) An agency head or training director providing Commission-approved mandated employee training shall test each mandated employee attending Commission-approved mandated employee training to determine successful completion.

(b) A mandated employee shall achieve a minimum test score of 70 percent on each test before the Commission may apply the training to the mandated employee's training requirements under this regulation.

(c) The commission shall determine the method for reporting a mandated employee's training information.

(4) The Commission requires that an agency head or training director providing Commission-approved mandated employee training establishes a method to evaluate the training provided.

(5) If a mandated employee is absent for more than 10 percent of the time required for a Commission-approved annual in-service training program, including electronic control device and firearms training and qualification, the employee may not receive credit toward the annual in-service training requirements of this chapter for any portion of the program, unless the Deputy Director approves the individual to receive full or partial credit.

E. Attending Training Hosted by Other Agencies.

(1) An agency head or training director responsible for training a mandated employee may send the individual to Commission-approved mandated employee training hosted by another agency without prior Commission approval.

(2) An agency head or training director responsible for training a mandated employee who sends the mandated employee to another agency for Commission-approved training shall:

(a) Ensure that the training has been assigned a program number by the Commission; and

(b) Submit the mandated employee's training information to the Commission.