This is a summary or brief of the State of Maryland’s Police Accountability Board (PAB); in effect as of January 1, 2024.
This information is taken from Public Safety (PS) law, Title 3, Subtitle 1.
Subtitle 1 - Police Accountability Boards (PAB)
Any misconduct by a Police Officer (PO) may be referred to the PAB.
Definition: Police misconduct” means a pattern, a practice, or conduct by a police officer or law enforcement agency that includes:
(1) depriving persons of rights protected by the constitution or laws of the State or the United States;
(2) a violation of a criminal statute; and
(3) a violation of law enforcement agency standards and policies.
County Police Accountability Board (PAB)
Meets quarterly
May not include active POs as members
Consists of a chair + two civilians selected by PAB + two civilians selected by the county chief executive officer.
At least one STATEWIDE PAB, 3 civilians appointed by Governor + 1 civilian appointed by President of the Senate + 1 civilian appointed by Speaker of the House
The complaint shall either be filed with the PAB or with the agency that employs the PO. The complaint:
Shall include name of PO accused of misconduct,
Shall include facts of the complaint;
And shall include contact info of the person who is filing the complaint; or designee.
If filed with the PAB, the complaint shall be forwarded to the agency within 3 days of receipt by the PAB. The agency conducts an investigation. The agency is required to forward the complaint to the PAB “on completion of an investigation.”
The PAB shall review those findings, review body camera footage, authorize a PO (with a representative) be called to appear before the PAB, issue a written opinion of findings, forward that opinion to all parties involved (Chief, PO, complainant), determine if the PO is “Administratively charged” or not, and recommend discipline based on a matrix.
Results:
Administratively Charged; or
Not Administratively charged (unfounded or exonerated).
The agency then has 15 days to discipline the PO based on the PAB matrix recommendation, or discipline at a higher degree; but not less.
If the PO does not accept the discipline, the matter is referred to a trial board. At least 30 days before the trial board proceeds, the PO shall be provided a copy of the investigation records, notified of the charges, and notified of the recommended discipline.
The trial board shall be comprised of: active or retired Judge (the trial board Chair); a non-PAB civilian who is appointed by the PAB; and a PO of equal rank appointed by the agency.
Burden of proof: Preponderance of Evidence (as is typical in civil litigation)
The trial board has 45 days to issue a decision. The PO may appeal again, to the circuit court, or in a statewide agency to the circuit court of Anne Arundel County.
A chief may impose a emergency suspension with or without pay, not exceeding 30 days. A chief shall terminate an employee who is convicted of a felony. A chief may terminate for a probation for a felony or misdemeanors.
Blood, breath, urine tests cannot be used in a criminal proceeding. A polygraph may not be used in a criminal or civil proceeding.
Agency shall appoint a victims’ rights advocate (to notify the complainant within 30 days) and ensure a complaint database is created.
Both the complainant and PO can have a representative assist them in this process. No records may be expunged or destroyed. Time limits on the PAB are 1 year and 1 day.
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