The Maryland legislature is attempting to create more procedures to ensure that police officers are fit for duty. Senate Bill 42, would prohibit law enforcement agencies from employing an individual as a police officer unless the individual has undergone and achieved a satisfactory result on a psychological screening.[1] This screening will focus on determining if the officer has violent or overly aggressive behavior and any biases.[2]  With the enactment of this Bill police officers who are found to be unfit will be removed from active street duty.[3]

Currently, law enforcement officers have to take a pre-employment psychological exam, but this exam only focuses on whether the officer is emotionally stable and mentally capable of safely carrying out the duties of a police officer in high- pressure situations. [4] Even with these pre-employment psychological exams in place some Maryland police departments were still hiring officers who failed their psychological exams.[5]

With the enactment of this Bill a police officer who is found to have violent or overly aggressive behaviors or bias will not be eligible to work as a police officer for at least one year and will have to undergo another test before being eligible.[6] Additionally, an active police officer will be required to undergo a psychological screening every 5 years.[7] A police officer who fails this screening will be placed on desk duty and receive counseling.[8] If that police officer does not receive a satisfactory result within one year they will be dismissed from employment.[9] This Bill could substantially reduce the amount of excessive force and brutality committed by police officers.

Christopher Ruyter is third-year day student at the University of Baltimore School of Law. During his time at UB, he was involved in the Civil Advocacy Clinic as a Rule-19 attorney and Law Forum as an Associate Editor. In August 2021, he will begin his clerkship with the Circuit Court of Calvert County. Following the clerkship he wants to pursue a further career in Business/Corporate law.

[1] S.B. 42, 442nd Gen. Assemb., Reg. Sess. (Md. 2021)[hereinafter “S.B. 42”].

[2] Id.

[3] Id.

[4] Dr. Mary Dowd, What is a Law Enforcement Psychological exam? CHRON (Feb, 9, 2021), https://work.chron.com/law-enforcement-psychological-exam-16117.html.

[5] Jodie Fleischer, Report Shows Maryland Police Dept. Didn’t Keep Training Records, Hired Officer who Failed Psych Examine, NBC Wash. (Dec. 26, 2018), https://www.nbcwashington.com/news/local/report-shows-maryland-police-dept-didnt-keep-training-records-hired-officer-who-failed-psych-evaluation/149478/.

[6] S.B. 42.

[7] Id.

[8] Id.

[9] Id.