PARRIS N. GLENDENING, Governor

Ch. 425

[(h)](G) Except as expressly provided in this section, nothing herein contained
shall be deemed to limit the powers, rights, duties or responsibilities of municipal or
county governments.

4-303.

(A) THE COMMISSION SHALL ADOPT REGULATIONS TO ESTABLISH AND
ENFORCE STANDARDS FOR PRIOR USE OF CONTROLLED DANGEROUS SUBSTANCES
BY PERSONS APPLYING FOR CERTIFICATION AS CORRECTIONAL OFFICERS.

(B) (1) THE COMMISSION SHALL ESTABLISH MINIMUM STANDARDS FOR
ACCEPTABLE AND UNACCEPTABLE OCCURRENCES OF PRIOR USE OF CONTROLLED
DANGEROUS SUBSTANCES BY PERSONS APPLYING FOR CERTIFICATION AS
CORRECTIONS OFFICERS.

(2) THE COMMISSION MAY DETERMINE THAT ANY PRIOR USE OF AN
INDIVIDUAL CONTROLLED DANGEROUS SUBSTANCE IS NOT ACCEPTABLE AND MAY
BE SUFFICIENT CAUSE FOR DENIAL OR REJECTION OF A PERSON APPLYING FOR
CERTIFICATION AS A CORRECTIONAL OFFICER.

(C) THE COMMISSION SHALL ESTABLISH MINIMUM STANDARDS UNDER THIS
SECTION BASED ON THE FOLLOWING CRITERIA.

(1) THE FREQUENCY OF PRIOR USE OF A CONTROLLED DANGEROUS
SUBSTANCE BY A PERSON APPLYING FOR CERTIFICATION AS A CORRECTIONAL
OFFICER;

(2) THE VARIETY OF DIFFERED CONTROLLED DANGEROUS

SUBSTANCES USED BY A PERSON APPLYING FOR CERTIFICATION AS A
CORRECTIONAL OFFICER;

(3) THE LENGTH OF TIME THAT HAS PASSED SINCE THE USE OF A
CONTROLLED DANGEROUS SUBSTANCE BY A PERSON APPLYING FOR
CERTIFICATION AS A CORRECTIONAL OFFICER;

(4) SCIENTIFIC EVIDENCE REGARDING THE ADDICTIVE NATURE OR
LONG-TERM HEALTH EFFECTS OF A CONTROLLED DANGEROUS SUBSTANCE; AND

(5) ANY OTHER INFORMATION OR CRITERIA THAT THE COMMISSION
DETERMINES TO BE NECESSARY TO ENSURE THE FITNESS OF PERSONS APPLYING
FOR CERTIFICATION AS CORRECTIONAL OFFICERS WITH REGARD TO PRIOR USE OF
CONTROLLED DANGEROUS SUBSTANCES.

(D) THE COMMISSION SHALL REQUIRE EVERY PERSON APPLYING FOR
CERTIFICATION AS A CORRECTIONAL OFFICER TO SUBMIT TO THE COMMISSION A
NOTARIZED AFFIDAVIT ATTESTING TO;

(1) ANY PRIOR USE OF A CONTROLLED DANGEROUS SUBSTANCE BY
THE PERSON; OR

(2) LACK OF ANY PRIOR USE OF A CONTROLLED DANGEROUS
SUBSTANCE BY THE PERSON.

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