Ch. 5

2003 LAWS OF MARYLAND

(M) SAME — POLYGRAPH EXAMINATIONS.

(1)      IF THE LAW ENFORCEMENT AGENCY ORDERS THE LAW
ENFORCEMENT OFFICER TO SUBMIT TO A POLYGRAPH EXAMINATION, THE RESULTS
OF THE POLYGRAPH EXAMINATION MAY NOT BE USED AS EVIDENCE IN AN
ADMINISTRATIVE HEARING UNLESS THE LAW ENFORCEMENT AGENCY AND THE LAW
ENFORCEMENT OFFICER AGREE TO THE ADMISSION OF THE RESULTS.

(2)      THE LAW ENFORCEMENT OFFICER'S COUNSEL OR REPRESENTATIVE
NEED NOT BE PRESENT DURING THE ACTUAL ADMINISTRATION OF A POLYGRAPH
EXAMINATION BY A CERTIFIED POLYGRAPH EXAMINER IF:

(I)      THE QUESTIONS TO BE ASKED ARE REVIEWED WITH THE LAW
ENFORCEMENT OFFICER OR THE COUNSEL OR REPRESENTATIVE BEFORE THE
ADMINISTRATION OF THE EXAMINATION;

(II)     THE COUNSEL OR REPRESENTATIVE IS ALLOWED TO OBSERVE
THE ADMINISTRATION OF THE EXAMINATION; AND

(III)   A COPY OF THE FINAL REPORT OF THE EXAMINATION BY THE
CERTIFIED POLYGRAPH EXAMINER IS MADE AVAILABLE TO THE LAW ENFORCEMENT
OFFICER OR THE COUNSEL OR REPRESENTATIVE WITHIN A REASONABLE TIME, NOT
EXCEEDING 10 DAYS, AFTER COMPLETION OF THE EXAMINATION.

(N) INFORMATION PROVIDED ON COMPLETION OF INVESTIGATION.

(1)      ON COMPLETION OF AN INVESTIGATION AND AT LEAST 10 DAYS
BEFORE A HEARING, THE LAW ENFORCEMENT OFFICER UNDER INVESTIGATION
SHALL BE:

(I)      NOTIFIED OF THE NAME OF EACH WITNESS AND OF EACH
CHARGE AND SPECIFICATION AGAINST THE LAW ENFORCEMENT OFFICER; AND

(II)     PROVIDED WITH A COPY OF THE INVESTIGATORY FILE AND
ANY EXCULPATORY INFORMATION, IF THE LAW ENFORCEMENT OFFICER AND THE
LAW ENFORCEMENT OFFICER'S REPRESENTATIVE AGREE TO:

1.       EXECUTE A CONFIDENTIALITY AGREEMENT WITH THE
LAW ENFORCEMENT AGENCY NOT TO DISCLOSE ANY MATERIAL CONTAINED IN THE
INVESTIGATORY FILE AND EXCULPATORY INFORMATION FOR ANY PURPOSE OTHER
THAN TO DEFEND THE LAW ENFORCEMENT OFFICER; AND

2.       PAY A REASONABLE CHARGE FOR THE COST OF
REPRODUCING THE MATERIAL.

(2)      THE LAW ENFORCEMENT AGENCY MAY EXCLUDE FROM THE
EXCULPATORY INFORMATION PROVIDED TO A LAW ENFORCEMENT OFFICER UNDER
THIS SUBSECTION:

(I)      THE IDENTITY OF CONFIDENTIAL SOURCES;

(II)     NONEXCULPATORY INFORMATION; AND

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