HB 1284
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
First Reader
House Bill 1284 (Delegate Acevero)
Judiciary
Johns Hopkins University - Police Department - Repeal
This bill repeals authorization for the Johns Hopkins University (JHU) to establish a police
department and related authorizations, powers, requirements, and prohibitions for the JHU
police department and police officers, the Baltimore Police Department (BPD), and the
Department of Legislative Services (DLS).
Fiscal Summary
State Effect: The bill does not directly affect State governmental operations or finances.
Local Effect: Since JHU has not established a police department, the bill does not directly
affect governmental operations or finances in Baltimore City.
Small Business Effect: None.
Analysis
Current Law: Chapter 25 of 2019 authorizes JHU to establish a police department based
on a memorandum of understanding (MOU) entered into by the university and BPD
regarding matters related to police jurisdiction, functions, and operations. The MOU must
require that BPD (1) have primary responsibility for all investigations and arrests related
to Part I offenses specified under the Uniform Crime Reporting Program, except as
specified; (2) maintain any evidence collected from crime scenes at the Evidence Control
Unit of BPD, as specified; and (3) impound any stolen vehicles, as specified.
Required Notice to the Public and Public Access to Information
Before executing a MOU, JHU must:
post publicly the proposed MOU, as specified;
provide the Baltimore City Council time to review and submit written comments,
as specified;
provide affected individuals, neighborhoods, community groups, and local officials
with an opportunity to review and comment on the proposed MOU; and
host public forums, as specified.
If a final MOU is executed by all parties, JHU must post a copy of the executed MOU on
a website available to the public.
If JHU establishes a police department, the police department must allow a person or
governmental unit to access information in the same manner as a person or governmental
unit would be able to access a public record of a law enforcement agency under the Public
Information Act (PIA), as specified. However, these provisions may not be construed to
make an independent institution of higher education, as specified, subject to PIA.
Jurisdiction and Standards
A JHU police officer may exercise the powers granted to a peace and police officer but
generally only on the university’s campus area, as specified, and within areas adjacent to
the campus area, under specified circumstances, as specified in an executed MOU
developed with input from the relevant community. A JHU police officer may not exercise
such powers on any other property, except under specified circumstances.
If JHU establishes a campus police department, JHU must continue to make use of the JHU
security personnel or building guards in addition to the police department and also must:
adopt specified standards, qualifications, and prerequisites for hiring and training
JHU police officers that comply with the regulations of the Maryland Police
Training and Standards Commission (MPTSC);
adopt standards for character, education, human relations, public relations, and
experience for JHU police officers;
ensure constitutional and community-oriented policing through the adoption of
policies, practices, and training, as specified;
maintain a police department in which at least 25% of the police department’s
workforce are residents of Baltimore City, as specified;
require JHU police officers to wear and use body-worn cameras, as specified;
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employ no more than 100 employees within the police department; and
seek accreditation by the Commission on Accreditation for Law Enforcement
Agencies, the International Association of Campus Law Enforcement
Administrators, or a similar organization.
Accountability
If established by JHU, the JHU police department is subject to a 15-member University
Police Accountability Board established by JHU. The purpose of the accountability board
is to:
enable community members to share community concerns regarding the police
department directly with police department leadership;
review police department metrics;
provide feedback on existing police department policies and practices, including
police department standards for hiring and recruitment; and
suggest ideas for improving police department policies, procedures, and
performance, including ideas for community-based public safety initiatives.
The police department must acknowledge and respond to any recommendations of the
accountability board within 120 days after receiving the recommendations.
Law enforcement officers, except the chief of police, in the JHU police department are
subject to the Law Enforcement Officers’ Bill of Rights with specified requirements to
include voting members of the public on a hearing board. Law enforcement officers in the
JHU police department are eligible for certification by MPTSC and subject to review by
the Baltimore City Civilian Review Board.
Other Provisions Related to Establishment
If JHU establishes a police department, JHU, the police department, and the officers,
employees, and agents of JHU or the police department are not entitled to immunity under
the Local Government Tort Claims Act, the Maryland Tort Claims Act, or common law
public official immunity and may not raise the defense of sovereign immunity. In addition,
no action may be maintained against the State for the conduct or other acts of JHU, the
police department, or the officers, employees, or agents of JHU or the police department.
Further, it is the intent of the General Assembly that the police department must function
as a criminal justice unit for the purposes of the Criminal Justice Information System.
JHU is solely responsible for the pension, retirement, and any other benefits afforded to
the employees of the police department. The employees of the police department are not
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entitled to State pension, State retirement, or any other benefits afforded to State personnel
arising out of their employment with the police department. Nothing in the Act may be
construed to affect the right of employees of the police department to form, join, support,
or participate in a labor organization to engage in collective bargaining under applicable
federal law.
In addition, if JHU establishes a police department, JHU must (1) establish at least
one specified Police Athletic/Activity Leagues, Inc. in Baltimore City at its own expense;
(2) host or participate in at least four job events in each calendar year in Baltimore City, as
specified; and (3) annually report specified information regarding the structure, functions,
and operations of the police department to the Mayor of Baltimore City and the
City Council of Baltimore, the General Assembly, and the accountability board. JHU must
also submit all incident reports to BPD using BPD’s standard reporting policies and
systems. In addition, except under specified circumstances, the police department may not
acquire any military grade vehicle or military grade hardware.
Authorization for Establishment of the Police Department Is Subject to Termination and
Evaluation by the Department of Legislative Services
Authorization for establishment of the police department and related provisions in the
Education Article terminate after July 1, 2029. However, if JHU establishes a police
department, then by December 15, 2027, DLS must conduct a preliminary evaluation of
the police department in the same manner as previously conducted under the Maryland
Program Evaluation Act – with results of that evaluation reported to the Legislative Policy
Committee (LPC). LPC must determine whether the termination date for authorization
should be extended (along with another evaluation date) or further evaluation is needed. If
LPC determines that a full evaluation is necessary, DLS must, in the same manner as
previously required under the Maryland Program Evaluation Act, conduct a full evaluation
and issue a full report to the General Assembly recommending that the authorization for
JHU to establish a police department should be reestablished, with or without changes, or
allowed to terminate.
Additional Comments: In June 2020, JHU announced that it would pause the
development of a police department for at least two years so that it may benefit from the
national reevaluation of policing in society brought about by the death of George Floyd at
the hands of Minneapolis police.
Additional Information
Prior Introductions: None.
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Designated Cross File: SB 276 (Senator Carter) - Judicial Proceedings.
Information Source(s): Baltimore City; Judiciary (Administrative Office of the Courts);
Maryland Independent College and University Association; Department of State Police;
The Johns Hopkins University; Department of Legislative Services
Fiscal Note History: First Reader - February 15, 2021
an/ljm
Analysis by: Shirleen M. E. Pilgrim Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1284/ Page 5
Statutes affected: Text - First - Johns Hopkins University - Police Department - Repeal: 3-201 Public Safety, 2-101 Public Safety, 3-101 Public Safety, 2-208.6 Public Safety, 3-107 Public Safety, 3-201 Public Safety, 1-641 Public Safety