subchapter 09g - STANDARDS FOR CORRECTIONS EMPLOYMENT, TRAINING, AND CERTIFICATION

 

section .0100 - SCOPE, APPLICABILITY, AND DEFINITIONS

 

12 ncac 09g .0101          SCOPE AND APPLICABILITY OF SUBCHAPTER

This Subchapter governs the implementation of minimum standards for employment, training, and certification of three classes of corrections officers: correctional officers, probation/parole officers, and probation/parole officers-intermediate as well as the standards for corrections schools and the state corrections certificate program.  Definitions and procedures contained within 12 NCAC 09A through 09F do not apply to these classes of corrections officers, unless specifically referenced; only rules specifically included in Subchapter 09G apply to these employees of the North Carolina Department of Correction.

 

History Note:        Authority G.S. 17C-1; 17C-6; S.L. 2000-67, s. 17.3(c);

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. November 1, 2003.

12 NCAC 09G .0102          DEFINITIONS

The following definitions apply throughout this Subchapter only:

(1)           "Commission of an offense" means a finding by the North Carolina Criminal Justice Education and Training Standards Commission or an administrative body that a person performed the acts necessary to satisfy the elements of a specified offense.

(2)           "Convicted" or "Conviction" means and includes, for purposes of this Subchapter, the entry of:

(a)           a plea of guilty;

(b)           a verdict or finding of guilt by a jury, judge, magistrate, or other duly constituted, established adjudicating body, tribunal, or official, either civilian or military; or

(c)           a plea of no contest, nolo contendere, or the equivalent.

(3)           "Correctional Officer" means an employee of the North Carolina Department of Correction, Division of Prisons, responsible for the custody of inmates or offenders.

(4)           "Corrections Officer" means any or all of the three classes of officers employed by the North Carolina Department of Correction: correctional officer; probation/parole officer; and probation/parole officer-intermediate.

(5)           "Criminal Justice System" means the whole of the State and local criminal justice agencies including the North Carolina Department of Correction.

(6)           "Director" means the Director of the Criminal Justice Standards Division of the North Carolina Department of Justice.

(7)           "Educational Points" means points earned toward the State Correction Officers' Professional Certificate Program for studies satisfactorily completed for semester hour or quarter hour credit at a regionally accredited institution of higher education.  Each semester hour of college credit equals one educational point and each quarter hour of college credit equals two-thirds of an educational point.

(8)           "High School" means graduation from a high school that meets the compulsory attendance requirements in the jurisdiction in which the school is located.

(9)           "Misdemeanor" for corrections officers means those criminal offenses not classified under the laws, statutes, or ordinances as felonies.  Misdemeanor offenses for corrections officers are classified by the Commission as follows:

(a)           14-2.5                    Punishment for attempt (offenses that are Class A-1 misdemeanor)

(b)           14-27.7                  Intercourse and sexual offenses with certain victims (If defendant is school personnel other than a teacher, school administrator, student teacher or coach)

(c)           14-32.1(f)              Assault on handicapped persons

(d)           14-32.2(b)(4)        Patient abuse and neglect, punishments

(e)           14-32.3                  Exploitation by caretaker of disabled/elder adult in domestic setting; resulting in loss of less than one thousand dollars ($l000) (August 1, 2001-December 1, 2005.  Repealed December 1, 2005)

(f)            14-33(b)(9)           Assault, battery against sports official

(g)           14-33(c)                 Assault, battery with circumstances

(h)           14-34                     Assault by pointing a gun

(i)            14-34.6(a)             Assault on Emergency Personnel

(j)            14-54                     Breaking or Entering into buildings generally (14-54(b))

(k)           14-72                     Larceny of property; receiving stolen goods etc.; not more than one thousand dollars ($1000.00) (14-72(a))

(l)            14-72.1                  Concealment of merchandise (14-72.1(e); 3rd or subsequent offense)

(m)          14-76                     Larceny, mutilation, or destruction of public records/papers

(n)           CH 14 Art. 19A    False/fraudulent use of credit device (14-113.6)

(o)           CH 14 Art. 19B    Financial transaction card crime (14-113.17(a))

(p)           14-114(a)              Fraudulent disposal of personal property on which there is a security interest

(q)           14-118                   Blackmailing

(r)            14-118.2                Obtaining academic credit by fraudulent means (14-118.2(b))

(s)            14-122.1                Falsifying documents issued by a school (14-122.1(c))

(t)            14-127                   Willful and wanton injury to real property

(u)           14-160                   Willful and wanton injury to personal property greater than two hundred dollars ($200.00) (14-160(b))

(v)           14-190.5                Preparation of obscene photographs

(w)          14-190.9                Indecent Exposure

(x)           14-190.14             Displaying material harmful to minors (14-190.14(b))

(y)           14-190.15             Disseminating harmful material to minors (14-190.15(d))

(z)           14-202.2                Indecent liberties between children

(aa)         14-202.4                Taking indecent liberties with a student

(bb)         14-204                   Prostitution (14-207;14-208)

(cc)         14-223                   Resisting officers

(dd)         14-225                   False, etc., reports to law enforcement agencies or officers

(ee)         14-230                   Willfully failing to discharge duties

(ff)          14-231                   Failing to make reports and discharge other duties

(gg)         14-232                   Swearing falsely to official records

(hh)         14-239                   Allowing prisoners to escape punishment

(ii)           14-255                   Escape of working prisoners from custody

(jj)           14-256                   Prison breach and escape

(kk)         14-258.1(b)           Furnishing certain contraband to inmates

(ll)           14-259                   Harboring or aiding certain persons

(mm)      CH 14 Art. 34       Persuading inmates to escape; harboring fugitives (14-268)

(nn)         14-269.2                Weapons on campus or other educational property (14-269.2(d), (e) and (f))

(oo)         14-269.3(a)           Weapons where alcoholic beverages are sold and consumed

(pp)         14-269.4                Weapons on state property and in courthouses

(qq)         14-269.6                Possession and sale of spring-loaded projectile knives prohibited (14-269.6(b))

(rr)           14-277                   Impersonation of a law-enforcement or other public officer verbally, by displaying a badge or insignia, or by operating a red light (14-277 (d1) and (e))

(ss)          14-277.2(a)           Weapons at parades, etc., prohibited

(tt)           14-277.3                Stalking (14-277.3(b))

(uu)         14-288.2(b)           Riot

(vv)         14-288.2(d)           Inciting to riot

(ww)       14.288.6(a)           Looting; trespassing during emergency

(xx)         14-288.7(c)           Transporting weapon or substance during emergency

(yy)         14-288.9(c)           Assault on emergency personnel; punishments

(zz)         14-315(a)              Selling or giving weapons to minors

(aaa)      14-315.1                Storage of firearms to protect minors

(bbb)      14-316.1                Contributing to delinquency

(ccc)       14-318.2                Child abuse

(ddd)      14-360                   Cruelty to animals

(eee)       14-361                   Instigating or promoting cruelty to animals

(fff)        14-401.14             Ethnic intimidation; teaching any technique to be used for (14-401.14(a) and (b))

(ggg)       14-454(a) or (b)   Accessing computers

(hhh)      14-458                   Computer trespass (Damage less than two thousand five hundred dollars ($2500.00)

(iii)          15A-266.11          Unauthorized use of DNA databank; willful disclosure (15A-266.11(a) and (b))

(jjj)         15A-287                                Interception and disclosure of wire etc. communications

(kkk)      15B-7(b)                Filing false or fraudulent application for compensation award

(lll)          18B-902(c)           False statements in application for ABC permit (18B-102(b))

(mmm)  20-37.8(a) & (c)   Fraudulent use of a fictitious name for a special identification card

(nnn)      20-102.1                False report of theft or conversion of a motor vehicle

(ooo)      20-111(5)              Fictitious name or address in application for registration

(ppp)      20-130.1                Use of red or blue lights on vehicles prohibited (20-130.1(e))

(qqq)      20-137.2                Operation of vehicles resembling law-enforcement vehicles (20-137.2(b))

(rrr)         20-138.1                Driving while impaired (punishment level 1 (20-179(g))or 2 (20-179(h))

(sss)        20-138.2I              Impaired driving in commercial vehicle (20-138.2(e))

(ttt)         20-141.5(a)           Speeding to elude arrest

(uuu)      20-166(b)              Duty to stop in event of accident or collision

(vvv)      20-166(c)              Duty to stop in event of accident or collision

(www)    20-166(c1)            Duty to stop in event of accident or collision

(xxx)      50B-4.1                 Knowingly violating valid protective order

(yyy)      58-33-105             False statement in applications for insurance

(zzz)       58-81-5                  Careless or negligent setting of fires

(aaaa)    62A-12                  Misuse of 911 system

(bbbb)    90-95(d)(2)           Possession of schedule II, III, IV

(cccc)     90-95(d)(3)           Possession of Schedule V

(dddd)    90-95(d)(4)           Possession of Schedule VI (when punishable as Class 1 misdemeanor)

(eeee)     90-95(e)(4)            Conviction of 2 or more violations of Art. 5

(ffff)       90-95(e)(7)            Conviction of 2 or more violations of Art. 5

(gggg)     90-113.22             Possession of drug paraphernalia (90-113.22(b))

(hhhh)    90-113.23             Manufacture or delivery of drug paraphernalia (90-113.23(c))

(iiii)         97-88.2(a)             Misrepresentation to get worker's compensation payment

(jjjj)        108A-39(a)           Fraudulent misrepresentation of public assistance

(kkkk)    108A-53                                Fraudulent misrepresentation of foster care and adoption assistance payments

(llll)         108A-64(a)           Medical assistance recipient fraud; less than four hundred dollars ($400.00) (108-64(c)(2))

(mmmm)108A-80               Recipient check register/list of all recipients of AFDC and state-county special assistance (108A-80(b))

(nnnn)    108A-80                                Recipient check register/ list of all recipients of AFDC and state-county special assistance; political mailing list (108A-80(c))

(oooo)    113-290.1(a)(2)   Criminally negligent hunting; no bodily disfigurement

(pppp)    113-290.1(a)(3)   Criminally negligent hunting; bodily disfigurement

(qqqq)    113-290.1(a)(4)   Criminally negligent hunting; death results

(rrrr)        113-290.1(d)        Criminally negligent hunting; person convicted/suspended license

(ssss)       143-58.1(a)           Use of public purchase or contract for private benefit (143-58.1(c))

(tttt)        148-45(d)              Aiding escape or attempted escape from prison

(uuuu)    162-55                   Injury to prisoner by jailer

(vvvv)                                    Common-Law misdemeanors:

(i)            Going Armed to the Terror of the People

(ii)           Common-Law Mayhem

(iii)          False Imprisonment

(iv)          Common-Law Robbery

(v)           Common-Law Forgery

(vi)          Common-Law Uttering of Forged paper

(vii)         Forcible Trespass

(viii)        Unlawful Assembly

Common-Law Obstruction of Justice

(wwww) Those offenses occurring in other jurisdictions which are comparable to the offenses specifically listed in (a) through (vvvv) of this Rule.

(xxxx)    Any offense proscribed by 18 USC 922(g)(8) [Lautenburg Amendment] that would prohibit possessing a firearm or ammunition.

(10)         "Pilot Courses" means those courses approved by the Education and Training Committee, consistent with 12 NCAC 09G .0404, which are utilized to develop new training course curricula.

(11)         "Probation/Parole Officer" means an employee of the North Carolina Department of Correction, Division of Community Corrections, whose duties include supervising, evaluating, or otherwise instructing offenders placed on probation, parole, post release supervision, or assigned to any other community-based program operated by the Division of Community Corrections.

(12)         "Probation/Parole Officer-Intermediate" means an employee of the North Carolina Department of Correction, Division of Community Corrections, other than a regular probation/parole officer who is trained in corrections techniques, and is an authorized representative of the courts of North Carolina and the Department of Correction, Division of Community Corrections, whose duties include supervising, investigating, reporting, and surveillance of serious offenders in an intensive probation, parole, or post release supervision program operated by the Division of Community Corrections.

(13)         "Qualified Assistant" means an additional staff person designated as such by the School Director to assist in the administration of a course when a certified institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of a certified course.

(14)         "School" means an institution, college, university, academy, or agency which offers penal or corrections training for correctional officers, probation/parole officers, or probation/parole officers-intermediate.  "School" includes the corrections training course curricula, instructors, and facilities.

(15)         "School Director" means the person designated by the Secretary of the North Carolina Department of Correction to administer the "School."

(16)         "Standards Division" means the Criminal Justice Standards Division of the North Carolina Department of Justice.

(17)         "State Corrections Training Points" means points earned toward the State Corrections Officers' Professional Certificate Program by successful completion of Commission‑approved corrections training courses.  20 classroom hours of Commission-approved corrections training equals one State Corrections training point.

 

History Note:        Authority G.S. 17C-2; 17C-6; 17C-10; 153A-217;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. April 1, 2009; August 1, 2004.

 

12 NCAC 09G .0103          RULE‑MAKING AND ADMINISTRATIVE HEARING PROCEDURES

(a)  In addition to the procedures set out in G.S. 150B-20, Petitions for Rule-Making shall be submitted to the Commission and shall contain:

(1)           petitioner's name, address and telephone number;

(2)           a draft of the proposed rule or rule change;

(3)           the reason for its proposal;

(4)           the effect of the proposal on existing rules or decisions;

(5)           data supporting the proposal;

(6)           practices likely to be affected by the proposal; and

(7)           a list or description of persons likely to be affected by the proposed rule.

(b)  Administrative hearings in contested cases conducted by the Commission or an Administrative Law Judge (as authorized in G.S. 150B-40) shall be governed by:

(1)           procedures set out in G.S. 150B, Article 3;

(2)           insofar as relevant, the Rules of Civil Procedure as contained in G.S. 1A-1;

(3)           insofar as relevant, the General Rules of Practice for the Superior and District Courts as authorized by G.S. 7A-34 and found in the Rules Volume of the North Carolina General Statutes.

(c)  The rules establishing procedures for contested cases incorporated by the Office of Administrative Hearings as contained in 26 NCAC 03 are hereby incorporated by reference for contested cases for which this agency has authority to adopt rules under G.S. 150B‑38(h).  All such incorporations by reference shall automatically include any later amendments and editions of the incorporated material as provided by G.S. 150B-21.6.  Provided, however, that if the case is conducted under G.S. 150B‑40(b), the presiding officer shall have the powers and duties given to the Chief Administrative Law Judge or the presiding Administrative Law Judge in 26 NCAC 03 and that 26 NCAC 03 .0101(2); .0102(a)(1) and .0103(b) shall not apply.

(d)  An applicant for certification or a certified officer shall have 60 days from the date of receipt of a notice of proposed action by the Commission to request a contested case hearing.

 

History Note:        Authority G.S. 17C-6; 150B-20; 150B-21.6; 150B-38(h); 150B-40;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

SECTION .0200 - MINIMUM STANDARDS FOR CERTIFICATION OF CORRECTIONAL OFFICERS, PROBATION/PAROLE OFFICERS, AND PROBATION/PAROLE OFFICERS-SURVEILLANCE

 

12 NCAC 09G .0201          EMPLOYMENT PROCESS: DOCUMENTATION: AND RECORDS RETENTION

(a)  The North Carolina Department of Correction is a state agency and is subject to G.S. 126.  The employment process shall be consistent with the rules established by the State Personnel Commission as authorized by G.S. 126-4(6) and 126-4(7)(a).

(b)  The North Carolina Department of Correction shall document the employment process and that the minimum standards for employment have been satisfied through forms as approved by the State Personnel Commission.

(c)  The North Carolina Department of Correction shall maintain and release those employment records in accordance with G.S. 126-24.

 

History Note:        Authority G.S. 126-4; 126-24;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0202          CITIZENSHIP

Every person employed as a correctional officer, probation/parole officer, or probation/parole officer-intermediate by the North Carolina Department of Correction shall be a citizen of the United States.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0203          AGE

(a)  Every person employed as a correctional officer, probation/parole officer, or probation/parole officer-intermediate by the North Carolina Department of Correction shall be at least 20 years of age.

(b)  Candidates shall document age through documents issued by any county, State, or federal government agency.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0204          EDUCATION

(a)  Every person employed as a correctional officer by the North Carolina Department of Correction shall be a high school graduate or have passed the General Educational Development Test indicating high school equivalency.

(b)  Every person employed as a probation/parole officer by the North Carolina Department of Correction shall be a graduate of a regionally accredited college or university and have attained at least the baccalaureate degree.

(c)  Every person employed as a probation/parole officer-intermediate by the North Carolina Department of Correction shall be a high school graduate or have passed the General Educational Development Test indicating high school equivalency.

(d)  Each applicant for employment as a corrections officer shall furnish to the North Carolina Department of Correction documentary evidence that the applicant has met the educational requirements for the corrections field of expected employment.

(1)           Documentary evidence of educational requirements shall consist of official transcripts of courses completed or diplomas received from a school which meets the requirements of: the North Carolina Department of Public Instruction, the Division of Non-Public Instruction, a comparable out-of-state agency, or is a regionally accredited college or university.  The Director of the Standards Division shall determine whether other types of documentation will be permitted in specific cases consistent with this rule.  High school diplomas earned through correspondence enrollment are not recognized toward these minimum educational requirements.

(2)           Documentary evidence of completion of the General Educational Development "GED" Test shall be satisfied by a certified copy of GED test results showing successful completion.  A certified copy of a military GED diploma may be used as alternate evidence of GED completion.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0205          PHYSICAL AND MENTAL STANDARDS

(a)  Every person employed as a correctional officer, probation/parole officer, or probation/parole officer-intermediate by the North Carolina Department of Correction shall have been examined and certified within one year prior to employment with the North Carolina Department of Correction by a licensed physician, physician's assistant, or nurse practitioner to meet the physical requirements to fulfill properly the officer's particular responsibilities as stated in the essential job functions.

(b)  Every person employed as a correctional officer, probation/parole officer, or probation/parole officer-intermediate by the North Carolina Department of Correction shall have been administered within one year prior to employment with the North Carolina Department of Correction a psychological screening examination by a clinical psychologist or psychiatrist licensed to practice in North Carolina to determine the officer's mental and emotional suitability to fulfill properly the officer's particular responsibilities as stated in the essential job functions.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. April 1, 2009; August 1, 2004.

 

12 NCAC 09G .0206          MORAL CHARACTER

Every person employed as a correctional officer, probation/parole officer, or probation/parole officer-intermediate by the Department of Public Safety, Division of Adult Correction shall demonstrate good moral character as evidenced by, but not limited to:

(1)           not having been convicted of a felony;

(2)           not having been convicted of a misdemeanor as defined in 12 NCAC 09G .0102(9) for three years or the completion of any corrections supervision imposed by the courts whichever is later;

(3)           not having been convicted of an offense that, under 18 USC 922, (http://codes.lp.findlaw.com/uscode/18/I/44/922) would prohibit the possession of a firearm or ammunition;

(4)           having submitted to and produced a negative result on a drug test within 60 days of employment or any in-service drug screening required by the Department of Public Safety, Division of Adult Correction which meets the certification standards of the Department of Health and Human Services for Federal Workplace Drug Testing Programs.  A list of certified drug testing labs may be obtained from National Institute on Drug Abuse, 5600 Fisher Lane, Rockville, Maryland 20857 at no cost, (http://workplace.samhsa.gov/DrugTesting/Level_1_Pages/CertifiedLabs.html) to detect the illegal use of at least cannabis, cocaine, phencyclidine (PCP), opiates and amphetamines or their metabolites;

(5)           submitting to a background investigation consisting of:

(a)           verification of age;

(b)           verification of education; and

(c)           criminal history check of local, state, and national files; and

(6)           being truthful in providing all required information as prescribed by the application process.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. June 1 ,2012; April 1, 2009; August 1, 2004.

 

SECTION .0300 - CERTIFICATION OF CORRECTIONAL OFFICERS, PROBATION/PAROLE OFFICERS, PROBATION/PAROLE OFFICERS-intermediate, AND INSTRUCTORS

 

12 NCAC 09G .0301          CERTIFICATION OF CORRECTIONAL OFFICERS, PROBATION/PAROLE OFFICERS, AND probation/parole officers-intermediate

Every person employed as a correctional officer, probation/parole officer, or probation/parole officer-intermediate shall be certified as prescribed by the Rules of this Section.  The Commission shall certify an officer as either a probationary officer or general officer based on the officer's qualifications and experience.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0302          NOTIFICATION OF CRIMINAL CHARGES/CONVICTIONS

(a)  Every person employed and certified as a correctional officer, probation/parole officer, or probation/parole officer-intermediate shall notify the Standards Division of all criminal offenses for which the officer is charged, arrested, pleads no contest, pleads guilty, or of which the officer is found guilty.  Criminal offenses shall include all felony offenses and shall specifically include those misdemeanor offenses delineated in 12 NCAC 09G .0102.

(b)  The notifications required under this Rule must be in writing, must specify the nature of the offense, the court in which the case was handled, the date of arrest or criminal charge, the final disposition and the date thereof.  The notifications required under this Subparagraph must be received by the Standards Division within 30 days of the date the case was disposed of in court.

(c)  The requirements of this Rule shall be applicable at all times during which the officer is certified by the Commission.

(d)  Officers required to notify the Standards Division under this Rule shall also make the same notification to their employing or appointing executive officer within 20 days of the date the case was disposed of in court.  The executive officer, provided he has knowledge of the officer's arrest(s), or criminal charge(s), and final disposition(s), shall also notify the Standards Division of all arrests or criminal convictions within 30 days of the date of the arrest and within 30 days of the date the case was disposed of in court.  Receipt by the Standards Division of a single notification, from either the officer or the executive officer, is sufficient notice for compliance with this Rule.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0303          PROBATIONARY CERTIFICATION

(a)  A prospective employee may commence active service as a correctional officer, probation/parole officer, or probation/parole officer-intermediate at the time of employment.

(b)  Within 90 days of appointment to a position for which the commission requires certification, the North Carolina Department of Correction shall submit a completed Report of Appointment/Application for Certification to the Standards Division.

(c)  The Commission shall certify as a probationary officer a person meeting the standards for certification when the North Carolina Department of Correction submits a completed Report of Appointment/Application for Certification to the Standards Division.

(d)  The Standards Division shall issue the person's Probationary Certification to the North Carolina Department of Correction.

(e)  The officer's Probationary Certification shall remain valid for one year from the date the certification is issued by the Standards Division unless sooner suspended or revoked pursuant to Rule .0503 of this Subchapter or the officer has attained General Certification.

(f)  Documentation of Probationary Certification shall be maintained with the officer's personnel records with the North Carolina Department of Correction and the Commission.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0304          GENERAL CERTIFICATION

(a)  The Commission shall grant an officer General Certification when evidence is received by the Standards Division that an officer has successfully completed the training requirements of 12 NCAC 09G .0410, .0411, .0412, or .0413 within the officer's probationary period and the officer has met all other requirements for General Certification.

(b)  General Certification is continuous from the date of issuance, so long as the certified officer remains continuously employed as a correctional officer, probation/parole officer, or probation/parole officer-intermediate in good standing with the North Carolina Department of Correction and the certification has not been suspended or revoked pursuant to Rule .0503 of this Subchapter.

(c)  Certified officers who, through promotional opportunities, move into non-certified positions within the Department, may have their certification reinstated without re-completion of the basic training requirements of 12 NCAC 09G .0410, .0411, .0412, or .0413, and are exempted from reverification of employment standards of 12 NCAC 09G .0202 through .0206 when returning to a position requiring certification if they have maintained continuous employment within the Department.

(d)  Documentation of General Certification shall be maintained with the officer's personnel records with the North Carolina Department of Correction and the Commission.

(e)  Upon transfer of a certified officer from one type of corrections officer to another, the North Carolina Department of Correction shall submit a Notice of Transfer to the Standards Division.

(1)           Upon receipt of the Notice of Transfer, the Standards Division shall cancel the officer's current General Certification and upon receipt of documentary evidence that the officer has met the requisite standards for the specified type of corrections officer certification, the Commission shall issue Probationary Certification reflecting the officer's new corrections position.

(2)           The Commission shall grant an officer General Certification as the new type of corrections officer when evidence is received by the Standards Division that an officer has successfully completed the training requirements of 12 NCAC 09G .0410, .0411, .0412, or .0413 within the officer's probationary period and the officer has met all other requirements for General Certification.

 

History Note:        Authority G.S. 17C-2; 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0305          RECERTIFICATION FOLLOWING SEPARATION

(a)  Previously certified corrections officers, with a minimum of one year of service who have been separated from the North Carolina Department of Correction for less than two years, may have their certification reinstated following a reverification of employment standards in 12 NCAC 09G .0202, .0203, and .0206 (excluding  12 NCAC 09G .0206(4)(b)), but are exempt from the job appropriate basic training course described in 12 NCAC 09G .0400.

(b)  Previously certified corrections officers with less than one year of service who have been separated from the North Carolina Department of Correction for less than two years, may have their certification reinstated following a reverification of employment standards 12 NCAC 09G .0202, .0203, and .0206 (excluding 12 NCAC 09G .0206(d)(2)), and shall complete the job appropriate basic training course described in 12 NCAC 09G .0400.

(c) Previously certified corrections officers who have been separated from the North Carolina Department of Correction for more than two years, upon their return shall complete the verification of employment standards and shall complete the job appropriate basic training course described in 12 NCAC 09G .0400.

 

History Note:        Authority G.S. 17C-2; 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0306          RETENTION OF RECORDS OF CERTIFICATION

(a)  The North Carolina Department of Correction shall place in the officer's certification file the official notification from the Commission of either Probationary or General Certification for each correctional officer, probation/parole officer, and probation/parole officer-intermediate employed or appointed by the North Carolina Department of Correction.  The certification file shall also contain:

(1)           the officer's Report of Appointment/Application for Certification including the State Personnel Application;

(2)           the officer's Medical History Statement and Medical Examination Report;

 (3)          documentation of the officer's drug screening results;

(4)           documentation of the officer's educational achievements;

(5)           documentation of all corrections training completed by the officer;

(6)           documentation of the officer's psychological examination results;

(7)           documentation and verification of the officer's age;

(8)           documentation and verification of the officer's citizenship;

(9)           documentation of any prior criminal record; and

(10)         miscellaneous documents to include, but not limited to, letters, investigative reports, and subsequent charges and convictions.

(b)  All files and documents relating to an officer's certification shall be available for examination and utilization at any reasonable time by representatives of the Commission for the purpose of verifying compliance with the Rules in this Subchapter.  These records shall be maintained in compliance with the North Carolina Department of Correction's Records Retention Schedule.

 

History Note:        Authority G.S. 17C-2; 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0307          CERTIFICATION OF INSTRUCTORS

(a)  Any person participating in a Commission‑accredited corrections training course or program as an instructor, teacher, professor, lecturer, or other participant making presentations to the class shall first be certified by the Commission as an instructor.

(b)  The Commission shall certify instructors under the following categories:  General Instructor Certification or Specialized Instructor Certification as outlined in 12 NCAC 09G .0308 and .0310 of this Section.  Such instructor certification shall be granted on the basis of documented qualifications of experience, education, and training in accord with the requirements of this Section and reflected on the applicant's Request for Instructor Certification Form.

(c)  In addition to all other requirements of this Section, each instructor certified by the Commission to teach in a Commission-accredited course shall remain competent in his/her specific or specialty areas.  Such competence includes remaining current in the instructor's area of expertise, which may be demonstrated by attending and successfully completing any instructor updates issued by the Commission.

(d)  The Standards Division may notify an applicant for instructor certification or a certified instructor that a deficiency appears to exist and attempt, in an advisory capacity, to assist the person in correcting the deficiency.

(e)  When any person certified as an instructor by the Commission is found to have knowingly and willfully violated any provision or requirement of the Rules in this Subchapter, the Commission may take action to correct the violation and to ensure that the violation does not recur, including:

(1)           issuing an oral warning and request for compliance;

(2)           issuing a written warning and request for compliance;

(3)           issuing an official written reprimand;

(4)           suspending the individual's certification for a specified period of time or until acceptable corrective action is taken by the individual; or

(5)           revoking the individual's certification.

(f)  The Commission may deny, suspend, or revoke an instructor's certification when the Commission finds that the person:

(1)           has failed to meet and maintain any of the requirements for qualification; or

(2)           has failed to remain currently knowledgeable in the person's areas of expertise; or

(3)           has failed to deliver training in a manner consistent with the instructor lesson plans outlined in the "Basic Instructor Training Manual" as found in 12 NCAC 09G .0414; or

(4)           has demonstrated unprofessional personal conduct in the delivery of Commission‑mandated training; or

(5)           has demonstrated instructional incompetence; or

(6)           has knowingly and willfully obtained, or attempted to obtain instructor certification by deceit, fraud, or misrepresentation; or

(7)           has failed to meet or maintain good moral character as required to effectively discharge the duties of a corrections instructor, as evidenced by, but not limited to:

(A)          not having been convicted of a felony;

(B)          not having been convicted of a misdemeanor as defined in 12 NCAC 09G .0102(10) for five years since the date of conviction or the completion of any corrections supervision imposed by the courts whichever is later;

(C)          having submitted to and produced a negative result on a drug test which meets the certification standards of the Department of Health and Human Services for Federal Workplace Drug Testing Programs, copies of which may be obtained from National Institute on Drug Abuse, 5600 Fisher Lane, Rockville, Maryland 20857 at no cost, to detect the illegal use of at least cannabis, cocaine, phencyclidine (PCP), opiates and amphetamines or their metabolites;

(D)          submitting to a background investigation consisting of:

(i)            verification of age;

(ii)           verification of education;

(iii)          criminal history check of local, state, and national files;

(E)           being truthful in providing all required information as prescribed by the application process; or

(8)           has failed to deliver training in a manner consistent with the curriculum outlines in the corrections officers' training manuals set out in 12 NCAC 09G .0411 through .0416.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0308          GENERAL INSTRUCTOR CERTIFICATION

(a)  General Instructor Certification after December 31, 1984 shall be limited to those topics which are not expressly incorporated under the Specialized Instructor Certification category.  Individuals certified under the general instructor category are not authorized to teach any of the subjects specified in 12 NCAC 09G .0310, entitled "Specialized Instructor Certification."  To qualify for issuance of General Instructor Certification, an applicant shall demonstrate a combination of education and experience in corrections and proficiency in the instructional process to the satisfaction of the Commission.  The applicant shall meet the following requirements for General Instructor Certification:

(1)           Present documentary evidence showing that the applicant:

(A)          is a high school graduate, or has passed the General Education Development Test (GED) indicating high school equivalency;

(B)          has acquired four years of practical experience as a criminal justice officer or as an administrator or specialist in a field directly related to the criminal justice system.

(2)           Present evidence showing successful completion of a Commission‑certified instructor training program or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise.

(b)  Applications for General Instructor Certification shall be submitted to the Standards Division within 60 days of the date the applicant successfully passed the state comprehensive examination administered at the conclusion of the Commission‑certified instructor training program or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise.

(c)  Persons having completed a Commission‑certified instructor training course or an equivalent instructor training course utilizing the Instructional Systems Design model, an international model with applications in education, military training, and private enterprise, and not having made application within 60 days of completion of the course shall complete a subsequent Commission‑certified instructor training course in its entirety.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. January 1, 2006.

 

12 NCAC 09G .0309          TERMS AND CONDITIONS OF GENERAL INSTRUCTOR CERTIFICATION

(a)  An applicant meeting the requirements for certification as a general instructor shall, for the first 12 months of certification, be in a probationary status.  The General Instructor Certification, Probationary Status, shall automatically expire 12 months from the date of issuance.

(b)  The probationary instructor shall be eligible for full general instructor status if the instructor, through application at the end of the probationary period, submits to the Commission:

(1)           a favorable recommendation from a School Director accompanied by certification on a Commission Instructor Evaluation Form that the instructor successfully taught a minimum of twelve hours in a Commission-certified course or a Commission-recognized in-service training course during the probationary year. The results of the students' evaluation of the instructor must be considered by the School Director when determining recommendation; or

(2)           a written evaluation by a staff member, based on an on-site classroom evaluation of the probationary instructor in a Commission-certified course or a Commission-recognized in-service training course.  Such evaluation shall be certified on a Commission Instructor Evaluation Form.  In addition, instructors evaluated by a staff member must also teach a minimum of twelve hours in a Commission-certified training course or a Commission-recognized in-service training course.

(c)  The term of certification as a general instructor is three years from the date the Commission issues the certification.  The certification may subsequently be renewed by the Commission for three year periods. The application for renewal shall contain, in addition to the requirements listed in 12 NCAC 09G .0308, documentary evidence indicating that the applicant has remained active in the instructional process during the previous three year period.  Such documentary evidence shall include the following:

(1)           proof that the applicant has, within the three year period preceding application for renewal, instructed a minimum of 12 hours in a Commission-certified training course or a Commission-recognized in-service training course; and

(2)           either:

(A)          a favorable written recommendation from a School Director accompanied by certification on a Commission Instructor Evaluation Form that the instructor successfully taught a minimum of twelve hours in a Commission-certified training course or a Commission-recognized in-service training course during the three year period of general certification; or

(B)          a written evaluation by a staff member, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-certified training course or a Commission-recognized in-service training course, during the three year period of General Instructor Certification.

(d)  If an instructor does not teach a minimum of 12 hours during the period of certification, the certification shall not be renewed, and the instructor shall file application for General Instructor Certification, Probationary Status.  Such applicants shall be required to meet the minimum requirements of 12 NCAC 09G .0308 of this Section.

(e)  All instructors shall have 90 days from the date of the expiration of their instructor certification to submit an application for renewal along with documentation of having met the minimum requirements of Paragraph (c) of this Rule during the previous certification period. The prescribed 90 day period shall not extend the instructor certification period beyond its specified expiration period. If the renewal application is not submitted within 90 days following the expiration of the previous certification, the applicant will be required to meet the minimum requirements for general instructor certification as specified in Rule .0302 of this Section.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. June 1, 2012; August 1, 2006; January 1, 2006.

 

12 NCAC 09G .0310          SPECIALIZED INSTRUCTOR CERTIFICATION

(a)  The Commission may issue a Specialized Instructor Certification to an applicant who has developed specific motor‑skills and abilities by virtue of special training and demonstrated experience in one or more of the following topical areas:

(1)           Firearms (DOC);

(2)           Controls, Restraints, and Defensive Techniques (DOC).

(b)  To qualify for Specialized Instructor Certification, an applicant must meet the following requirements:

(1)           hold General Instructor Certification, either probationary status or full general instructor status, as specified in 12 NCAC 09G .0309;

(2)           successfully complete the pertinent Commission‑approved specialized instructor training course; and

(3)           obtain the recommendation of a Commission-certified School Director.

(c)  To qualify for and maintain any Specialized Instructor Certification, an applicant must possess a valid CPR Certification that included cognitive and skills testing, through an organization whose curriculum meets the national standards set forth by the International Guidelines Conference on Cardiopulmonary Resuscitation and Emergency Cardiovascular Care.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. January 1, 2006; August 1, 2004.

 

12 NCAC 09G .0311          TERMS AND CONDITIONS OF SPECIALIZED INSTRUCTOR CERTIFICATION

(a)  An applicant meeting the requirements for Specialized Instructor Certification shall be issued a certification to run concurrently with the existing General Instructor Certification.  The applicant must apply for certification as a specialized instructor within 60 days from the date of completion of a specialized instructor course.

(b)  The terms of certification as a specialized instructor shall be determined by the expiration date of the existing General Instructor Certification.  The following requirements shall apply during the initial period of certification:

(1)           where certifications for both General Probationary Instructor and Specialized Instructor are issued on the same date, the instructor shall only be required to satisfy the teaching requirement for the general probationary instructor certification.  The instructor may satisfy the teaching requirement for the General Probationary Instructor certification by teaching any specialized topic for which certification has been issued;

(2)           when Specialized Instructor Certification is issued during an existing period of General Instructor Certification, either probationary status or full general status, the specialized instructor may satisfy the teaching requirement for the General Certification by teaching the specialized subject for which certification has been issued;

(3)           where Specialized Instructor Certification becomes concurrent with an existing active period of General Instructor Certification, and there are 12 months or more until the certifications' expiration date, the instructor must teach 12 hours for each specialized topic for which certification has been issued; and

(4)           where Specialized Instructor Certification becomes concurrent with an existing active period of General Instructor Certification, and there are fewer than 12 months until the certification expiration date, the instructor is not required to teach any hours for the specialized subject.

(c)  The term of certification as a specialized instructor shall not exceed the 36 month period of full General Instructor Certification.  The certification may subsequently be renewed by the Commission at the time of renewal of the full General Instructor Certification.  The application for renewal shall contain, in addition to the requirements listed in Rule .0310 of this Section, documentary evidence that the applicant has remained active in the instructional process during the previous three-year period.  Such documentary evidence shall include proof that the applicant has, within the three-year period preceding application for renewal, instructed at least 12 hours in each of the topics for which the Specialized Instructor Certification was granted and that instruction was provided in a Commission-certified training course or a Commission-recognized in-service training course.  Acceptable documentary evidence shall include official Commission records submitted by School Directors and written certification from a School Director and either of the following:

(1)           a favorable written recommendation from a School Director accompanied by certification that the instructor successfully taught at least 12 hours in each of the topics for which Specialized Instructor Certification was granted.  Such teaching must have occurred in a Commission-certified training course or a Commission-recognized in-service training course during the three-year period of Specialized Instructor Certification; or

(2)           a written evaluation by a staff member, based on an on-site classroom evaluation of a presentation by the instructor in a Commission-certified training course or a Commission-recognized in-service training course, during the three-year period of Specialized Instructor Certification.

(d)  Any specialized instructor training courses previously accepted by the Commission for purposes of certification shall no longer be recognized if the instructor does not successfully teach at least 12 hours in each of the specialized topics during the three-year period for which certification was granted.  Upon application for re-certification, such applicants shall be required to meet the requirements of Rule .0310 of this Section.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. May 1, 2014; June 1, 2012; January 1, 2006.

 

12 NCAC 09G .0312          INSTRUCTOR CERTIFICATION RENEWAL

(a)  Individuals who hold General Instructor Certification or Specialized Instructor Certification may, for just cause, be granted an extension of the three year period to successfully teach the 12 hour minimum requirement.  The Director of the Standards Division may grant such extensions on a one-time basis only not to exceed 12 months.  For purposes of this Rule, just cause means accident, illness, emergency, course cancellation, or other exceptional circumstances which precluded the instructor from fulfilling the teaching requirement.

(b)  The Director of the Standards Division may, for just cause, grant an extension of the 90 day period in which an instructor's renewal application must be submitted as specified in 12 NCAC 09G .0309(c). Such extension, however, shall not exceed 12 months and shall not extend the instructor's certification period beyond its specified expiration period.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2006; January 1, 2006.

 

12 NCAC 09G .0313          CORRECTIONS INSTRUCTOR TRAINING COURSE

(a)  To successfully acquire Corrections Instructor Training the trainee shall:

(1)           satisfactorily complete all of the required course work, specifically including each of the trainee presentations with video taping, playback, and critique as specified in the "Basic Instructor Training Manual" as published by the North Carolina Justice Academy.  All trainee presentations must have met the criteria and conditions specified in the course orientation of the "Basic Instructor Training Manual;"

(2)           attain the minimum score on each performance area as specified in the course abstract of the "Basic Instructor Manual" for the final written lesson plan and final 80‑minute presentation; and,

(3)           achieve a score of 75 percent correct answers on the comprehensive written examination.

(b)  Should a trainee fail to meet the minimum criteria on the final lesson plan or the final 80‑minute presentation, he/she shall be authorized one opportunity to correct either of these deficiencies by the end of the original two-week course.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0314          COMPREHENSIVE WRITTEN EXAM - INSTRUCTOR TRAINING

(a)  An authorized representative of the North Carolina Department of Correction shall administer a comprehensive written examination to each trainee who has satisfactorily completed the first 12 units of the Corrections Instructor Training Course as described in the "Basic Instructor Training Manual."

(b)  The examination shall be an objective test consisting of multiple‑choice, true‑false, or similar questions covering the topic areas contained in the accredited course curriculum.

(c)  A trainee shall successfully complete the comprehensive written examination if he/she achieves a minimum of 75 percent correct answers.

(d)  A trainee who has fully participated in a scheduled delivery of an accredited training course and has demonstrated satisfactory competence in each performance area of the course curriculum, who has scored at least 65 percent but has failed to achieve the minimum passing score of 75 percent on the comprehensive written examination, may request the Director of the Standards Division to authorize a re‑examination of the trainee.

(1)           The trainee's request for re‑examination shall be made in writing on the Commission's form and shall be received by the Standards Division within 30 days of the examination.

(2)           The trainee's request for re‑examination shall include the favorable recommendation of the School Director who administered the course.

(3)           A trainee shall have, within 90 days of the original examination, only one opportunity for re‑examination and shall satisfactorily complete the subsequent examination in its entirety.

(4)           The trainee will be assigned in writing by the Standards Division staff a place, time, and date for re‑examination.

(5)           Should the trainee on re‑examination not achieve the prescribed minimum score on the examination, the trainee may not be given successful course completion and shall enroll and successfully complete a subsequent offering of the instructor course in its entirety before further examination may be permitted.

(f)  A trainee who fails to score at least 65 percent on the comprehensive written examination shall be terminated from the course.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0315          COMPREHENSIVE WRITTEN EXAM - SPECIALIZED INSTRUCTOR TRAINING

(a)  At the conclusion of a school's offering of the "Specialized Firearms Instructor Training" and "Specialized Controls, Restraints and Defensive Techniques Instructor Training" course in its entirety, the Commission shall administer a comprehensive written examination to each trainee who has satisfactorily completed all of the required course work.  A trainee shall not be administered the comprehensive written examination until such time as all of the pertinent course work is completed.

(b)  The examination shall be an objective test consisting of multiple‑choice, true‑false, or similar questions covering the topic areas contained in the accredited course curriculum.

(c)  The Commission's representative shall submit to the School Director within five days of the administration of the examination a report of the results of the test for each trainee examined.

(d)  A trainee shall successfully complete the comprehensive written examination if he/she achieves a minimum of 75 percent correct answers.

(e)  A trainee who fails to achieve the minimum score of 75 percent on the Commission's comprehensive written examination shall not be given successful course completion and shall enroll and successfully complete a subsequent offering of the specialized instructor training course in its entirety before further examination may be permitted.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0316          PROFESSIONAL LECTURER CERTIFICATION

(a)  The Commission may issue Professional Lecturer Certification to a person in a profession, who, by virtue of academic degrees and professional expertise, has developed special knowledge in one or more of the following areas:

(1)           Law;

(2)           Psychology;

(3)           Medicine.

(b)  To be eligible for such certification, an applicant shall:

(1)           be a graduate of a regionally accredited law school, medical school, or other school accredited for conferring degrees in law, psychology or medicine;

(2)           obtain the endorsement of a Commission-certified School Director who shall:

(A)          recommend the applicant for certification as a professional lecturer;

(B)          describe the applicant's expected participation, topical areas, duties, and responsibilities in a delivery of Commission‑accredited training course conducted by the school; and

(C)          describe the attributes showing the applicant to be a beneficial contributor to the delivery or presentation in a Commission‑accredited training program.

 

History Note:        Authority G.S. 17C‑6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0401          ADMINISTRATION OF BASIC CORRECTIONS TRAINING SCHOOLS

(a)  The Secretary of the North Carolina Department of Correction shall have primary responsibility for implementation of the rules in this Section.  The executive officer or officers of the institution or agency shall secure School Certification pursuant to 12 NCAC 09G .0402 prior to offering any corrections training course.

(b)  The Secretary shall designate one compensated staff member for each Commission‑certified program for which the North Carolina Department of Correction has been granted certification.  Such staff member shall be formally certified by the Commission under Rule .0405 of this Subchapter to be the corrections School Director.  The School Director shall have administrative responsibility for planning, scheduling, presenting, coordinating, reporting, and generally managing each sponsored certified corrections training course.  If the certified institution or agency assigns additional responsibilities to the certified School Director during the planning, development, and implementation of a certified training course, an additional Qualified Assistant must be designated to assist the School Director in the administration of the course.  This person must be selected by the School Director and must attend a course orientation conducted by Standards Division staff and attend the annual School Directors' Conference.

 

History Note:        Authority 17C-6;

Temporary Adoption Eff. January 1, 2001;

Temporary Adoption Expired December 20, 2001;

Temporary Adoption Eff. April 15, 2003;

Eff. April 1, 2004.

 

12 NCAC 09G .0402          ACCREDITATION OF CORRECTIONS SCHOOLS

(a)  The Commission shall establish a standing subcommittee of the Education and Training Committee for the purposes of evaluating Request for School Accreditation applications and making recommendations to the Education and Training Committee on the granting of accreditation to institutions and agencies.  The Accreditation Committee shall be comprised of two members appointed by the School Directors' Advisory Committee and two members who shall be commission members to include the North Carolina Community Colleges System's representative to the Commission.  The Chairman of the Commission shall appoint the Chairman of the Accreditation Committee.

(b)  Any school meeting the minimum requirements contained in 12 NCAC 09G .0400 must submit a properly completed Request for School Accreditation application.  Upon receipt of a properly completed Request for School Accreditation application:

(1)           the Standards Division staff shall review the application for any omissions and clarifications and conduct a site visit to tour facilities, confirm information on the application, and determine if and where deficiencies exist;

(2)           the applying institution or agency shall be contacted concerning deficiencies and assistance shall be given on correcting problem areas;

(3)           the application and staff reports are submitted to the Accreditation Committee for review;

(4)           a recommendation shall be submitted to the Education and Training Committee on the approval or denial of the application; and

(5)           the Education and Training Committee shall recommend to the full Commission at its next regularly scheduled meeting the approval or denial of accreditation for the applicant institution or agency.

(c)  Accreditation of a school shall remain effective for five years from issuance unless earlier suspended or revoked for just cause.

(d)  The identity of those schools accredited under this Rule shall be published and distributed annually by the Standards Division together with the name and business address of the School Director and the schedule of corrections training courses planned for delivery during the succeeding year.

(e)  A school may apply for reaccreditation to the Commission by submitting a properly completed Request for School Accreditation application.  The application for reaccreditation shall contain information on changes in facilities, equipment, and staffing.  Upon receipt of a properly completed application:

(1)           the Standards Division staff shall review the application for any omissions and clarification;

(2)           copies of the site visits conducted during the last period of certification shall be attached to the application;

(3)           the application and staff reports shall be submitted to the Accreditation Committee for review;

(4)           a recommendation shall be submitted to the Education and Training Committee on the approval or denial of the application; and

(5)           the Education and Training Committee shall recommend to the full Commission at its next regularly scheduled meeting the approval or denial of reaccreditation of the applicant institution or agency.

(f)  In instances where accredited schools have been found to be in compliance with 12 NCAC 09G .0400 through favorable site visit reports, Standards Division staff shall be authorized to reaccredit on behalf of the Commission.  Such action shall be reported to the Commission through the Accreditation Committee and the Education and Training Committee at its next scheduled meeting.

(g)  The Commission may suspend or revoke a school's accreditation when it finds that the school has failed to meet or continuously maintain any requirement, standard, or procedure for school or course accreditation.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0403          ACCREDITATION OF TRAINING COURSES

(a)  An accredited corrections school shall apply for accreditation for each of its courses by submitting a completed Request for Training Course Accreditation Form.

(b)  One of two types of accreditation may be sought by the school, depending upon the nature of the course for which accreditation is sought.

(1)           Temporary accreditation shall apply to courses being offered by an accredited school on a one‑time basis and will remain effective for the duration of the specified course offering, not in excess of one year.

(2)           Continuing accreditation shall apply to courses offered by an accredited school and will remain effective until surrendered, revoked, or the school's accreditation expires, or is suspended, or is revoked.

(c)  The Commission may suspend or revoke the accreditation of a course when it finds that the school has failed to meet or to continuously maintain any requirement, standard, or procedure for course accreditation.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0404          PILOT COURSE PRESENTATION/PARTICIPATION

(a)  The Education and Training Committee shall recommend to the Commission the most efficient and effective delivery system and developer of course curricula for the implementation of newly developed training courses based upon the size of the target population, the nature and complexity of the training problem, and the availability of resources.  Designation of the developer of course curricula by the Commission shall be deemed as approval of the developer to conduct pilot courses.

(b)  Individuals who successfully complete a pilot course offering shall not be required by other rules of this Subchapter to complete additional training for that specific certification program.  Such pilot training courses shall be recognized for purposes of certification or recertification.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0405          CERTIFICATION OF SCHOOL DIRECTORS

(a)  Any person designated to act as, or who performs the duties of, a School Director in the delivery or presentation of a Commission-certified corrections training course shall be and continuously remain certified by the Commission as a School Director.

(b)  To qualify for initial certification as a corrections School Director, an applicant shall:

(1)           Attend and successfully complete a Commission-certified instructor training course or an equivalent instructor training program as determined by the Commission (if certified after January 1, 2006); and

(2)           present documentary evidence showing that the applicant:

(A)          is a high school graduate or has passed the General Education Development Test (GED) indicating high school equivalency and has acquired five years of practical experience as a criminal justice officer, corrections officer, or as an administrator or specialist in a field directly related to the corrections system.  At least one year of the required five years experience must have been while actively participating in corrections training as a Commission‑certified instructor; or

(B)          has been awarded an associate degree and has acquired four years of practical experience as a criminal justice officer, corrections officer, or as an administrator or specialist in a field directly related to the corrections system. At least one year of the required four years experience must have been while directly participating in corrections training as a Commission‑certified instructor; or

(C)          has been awarded a baccalaureate degree from a regionally accredited institution of higher learning;

(3)           attend or have attended the most current offering of the School Director's orientation as developed and presented by the Commission staff, otherwise an individual orientation with a staff member shall be required; and

(4)           submit a written request to the Commission for the issuance of such certification.  This request shall be executed by the executive officer of the North Carolina Department of Correction.

(c)  To qualify for certification as a School Director in the presentation of the "Criminal Justice Instructor Training Course" an applicant shall:

(1)           document that he/she has been awarded a baccalaureate degree from a regionally accredited institution of higher learning;

(2)           present evidence showing successful completion of a Commission‑certified instructor training course or an equivalent instructor training program as determined by the Commission;

(3)           be currently certified as a criminal justice instructor by the Commission; and

(4)           document successful participation in a special program presented by the Justice Academy for purposes of familiarization and supplementation relevant to delivery of the instructor training course and trainee evaluation.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Temporary Adoption Expired December 20, 2001;

Temporary Adoption Eff. April 15, 2003;

Eff. April 1, 2004;

Amended Eff. January 1, 2006.

 

12 NCAC 09G .0406          TERMS AND CONDITIONS OF SCHOOL DIRECTOR CERTIFICATION

(a)  The term of certification as a School Director is two years from the date the Commission issues the certification, unless earlier terminated by action of the Commission.  Upon application the certification may subsequently be renewed by the Commission for two‑year periods.  The application for renewal shall contain documentation meeting the requirements of 12 NCAC 09G .0405(b)(2) and (b)(3).

(b)  To retain certification as a School Director, the School Director shall perform the duties and responsibilities of a School Director as specifically required in 12 NCAC 09G .0408.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Temporary Adoption Expired December 20, 2001;

Temporary Adoption Eff. April 15, 2003;

Eff. April 1, 2004.

 

12 NCAC 09G .0407          SUSPENSION: REVOCATION: DENIAL/SCHOOL DIRECTOR CERTIFICATION

(a)  The Commission may deny, suspend, or revoke certification of a School Director when the Commission finds that the person has failed to meet or continuously maintain any of the requirements for qualification or through performance fails to comply with program rules of the Commission or otherwise demonstrates incompetence.

(b)  Prior to the Commission's action denying, suspending, or revoking a School Director's certification, the Standards Division may notify the person that a deficiency appears to exist and may attempt, in an advisory capacity, to assist the person in correcting the deficiency.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Temporary Adoption Expired December 20, 2001;

Temporary Adoption Eff. April 15, 2003;

Eff. April 1, 2004.

 

 

12 NCAC 09G .0408          RESPONSIBILITIES OF THE SCHOOL DIRECTOR

In planning, developing, coordinating, and delivering each Commission-approved corrections training course, the School Director shall:

(1)           formalize and schedule the course curriculum in accordance with the curriculum standards established in this Subchapter;

(2)           schedule course presentation for delivery such that each training course required for certification shall be presented on a regular basis; and

(3)           select and schedule instructors who are certified by the Commission.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0409          ADMISSION OF TRAINEES AND COURSE ENROLLMENT

The school may not enroll any trainee later than the second day of delivery of an accredited training course unless the trainee's enrollment is pursuant to prescribed supplementary or remedial training required under 12 NCAC 09G .0410 of this Section.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0410          WAIVER OF COMPLETION OF TRAINING

(a)  The Commission may waive an officer's completion of the Commission-accredited training course upon receiving documentary evidence from the North Carolina Department of Correction that the officer has satisfactorily completed equivalent training.  All such officers, however, shall serve a one year period of probationary certification as defined in 12 NCAC 09G .0303.

(b)  Training received in states with laws governing or regulating corrections officer training shall, if subject to such review, have been approved or certified by the appropriate agency of the state in which the training was received.

(c)  The Commission shall prescribe as a condition of certification supplementary or remedial training deemed necessary to equate previous training with current standards.

(d)  The Commission shall require satisfactory performance on a written examination as proof of equivalent training.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0411          BASIC TRAINING FOR CORRECTIONAL OFFICERS

(a)  The basic training course for correctional officers shall consist of at least 160 hours of instruction, as approved by the Commission, designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as a correctional officer.  The instructional components of this course must be listed in the "Basic Correctional Officer Training Manual," and shall include firearms training; controls, restraints, and defensive techniques; legal issues for correctional supervision; emergency procedures; Division of Prisons operational processes such as classification, search and seizure, health services, and contemporary correctional theory.

(b)  The "Basic Correctional Officer Training Manual" as published by the North Carolina Department of Correction is to be applied as the basic curriculum for delivery of correctional officer basic training courses.  Copies of this publication may be inspected at the office of the agency:

The Office of Staff Development and Training

North Carolina Department of Correction

2211 Schieffelin Road

Apex, North Carolina 27502

With mailing address:

MSC 4213

Raleigh, North Carolina 27699-4213

and may be obtained at cost from the Department of Correction.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0412          BASIC TRAINING FOR PROBATION/PAROLE OFFICERS

(a)  The basic training course for probation/parole officers shall consist of at least 160 hours of instruction, as approved by the Commission, designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as a probation/parole officer. The instructional components of this course must be listed in the "Basic Probation/Parole Officer Training Manual," and shall include controls, restraints, and defensive techniques; court processes; case processing and management; arrest procedures; basic life support; employee wellness; professional ethics; personal and professional conduct; and contemporary correctional theory.

(b)  The "Basic Probation/Parole Officer Training Manual" as published by the North Carolina Department of Correction is to be applied as the basic curriculum for delivery of probation/parole officer basic training courses.  Copies of this publication may be inspected at the office of the agency:

The Office of Staff Development and Training

North Carolina Department of Correction

2211 Schieffelin Road

Apex, North Carolina 27502

With mailing address:

MSC 4213

Raleigh, North Carolina 27699-4213

and may be obtained at cost from the Department of Correction.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. February 1, 2006; August 1, 2004.

 

12 NCAC 09G .0413          BASIC TRAINING FOR probation/parole officers-intermediate

(a)  In addition to the requirements for Basic Training for Probation/Parole Officers contained in Rule .0412 of this Section, every probation\parole officer-intermediate shall complete a supplemental course which shall consist of at least 80 hours of instruction, as approved by the Commission, designed to provide the trainee with the skills and knowledge to perform those tasks essential to function as a probation/parole officer-intermediate. The instructional components of this course must be listed in the "Basic Probation/Parole Officer-Intermediate Training Manual," and shall include firearms training; controls, restraints, and defensive techniques; officer/offender relationships; advanced arrest, search and seizure; DCC specialized equipment operations; and administrative matters, review, and testing.

(b)  The "Basic Probation/Parole Officer-Intermediate Training Manual," as published by the North Carolina Department of Correction is to be applied as the basic curriculum for delivery of probation/parole officer-intermediate basic training courses. Copies of this publication may be inspected at the office of the agency:

The Office of Staff Development and Training

North Carolina Department of Correction

2211 Schieffelin Road

Apex, North Carolina 27502

With mailing address:

MSC 4213

Raleigh, North Carolina 27699-4213

and may be obtained at cost from the Department of Correction.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. August 1, 2004.

 

12 NCAC 09G .0414          INSTRUCTOR TRAINING

(a)  The instructor training course required for general instructor certification shall consist of a minimum of 80 hours of instruction presented during a continuous period of not more than two weeks.

(b)  Each instructor training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a criminal justice instructor.

(c)  Each instructor training course shall include, as a minimum, the following identified topic areas:

(1)           Orientation and Pretest;

(2)           Curriculum Development: ISD Model;

(3)           Civil Liability for Law Enforcement Trainers;

(4)           Interpersonal Communication in Instruction;

(5)           Lesson Plan Preparation: Professional Resources;

(6)           Lesson Plan Preparation: Format and Objectives;

(7)           Teaching Adults;

(8)           Principles of Instruction: Demonstration Methods and Practical Exercise;

(9)           Methods and Strategies of Instruction;

(10)         The Evaluation Process;

(11)         Principles of Instruction: Audio‑Visual Aids;

(12)         Student 10‑Minute Talk and Video Critique;

(13)         Student Performance:

                                First 30‑Minute Presentation;

                                Second 30‑Minute Presentation;

                                Final 80‑Minute Presentation; and

(14)         Examination.

(d)  The "Basic Instructor Training Manual" as published by the North Carolina Justice Academy is to be applied as the basic curriculum for delivery of basic instructor training courses.  Copies of this publication may be inspected at the agency:

Criminal Justice Standards Division

North Carolina Department of Justice

114 West Edenton Street

Old Education Building

Post Office Drawer 149

Raleigh, North Carolina 27602

and may be purchased at cost from the Academy at the following address:

North Carolina Justice Academy

Post Office Drawer 99

Salemburg, North Carolina 28385

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0415          CORRECTIONs SPECIALIZED INSTRUCTOR TRAINING – FIREARMS

(a)  The instructor training course requirement for Corrections Specialized Instructor Training – Firearms certification shall consist of at least 80 hours of instruction presented during a period of not more than two consecutive weeks.

(b)  Each Corrections Specialized Instructor Training – Firearms course shall be designed to provide the trainee with the skills and knowledge to perform the function of a corrections firearms instructor in the "Basic Training – Correctional Officer" course, "Basic Training ‑ Probation/Parole Officer" course, and in-service training courses for correctional officers and probation/parole officers.

(c)  Each Corrections Specialized Firearms Instructor Training course shall include the following topical areas:

(1)           Course Overview;

(2)           Legal Considerations for Firearm Instructors;

(3)           Department of Public Safety, Division of Adult Correction Firearms Training Courses;

(4)           Firearms Safety;

(5)           Range Operations;

(6)           Medical Emergencies on the Range;

(7)           Handgun – Operation, Use and Maintenance:

(A)          Handgun Training – Classroom and Range;

(B)          Handgun Low/Limited Light Fire; and

(C)          Handgun Care and Maintenance;

(8)           Advanced Handgun Training – Classroom and Range;

(9)           Shotgun Operation, Use and Maintenance:

(A)          Shotgun Training – Classroom and Range;

(B)          Shotgun Low/Limited Light Fire – Range; and

(C)          Shotgun Care and Maintenance;

(10)         Special Techniques, Training Aids, and Methods:

(11)         Situational Use of Firearms:

(A)          The Shooting Decision;

(B)          Situational Use of Firearms;

(C)          Situational Exercises – Day; and

(D)          Situational Exercises – Low/Limited Light; and

(12)         Administrative Matters, Testing, and Evaluation.

(d)  The Commission certified school that is certified to offer the "Corrections Specialized Instructor Training ‑ Firearms" course is the Office of Staff Development and Training of the North Carolina Department of Public Safety.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. May 1, 2014; April 1, 2008; February 1, 2006; August 1, 2004.

 

12 NCAC 09G .0416          CORRECTIONS SPECIALIZED INSTRUCTOR TRAINING ‑ Controls, Restraints, and Defensive Techniques

(a)  The instructor training course requirement for corrections specialized controls, restraints, and defensive techniques (CRDT) instructor certification shall consist of at least 80 hours of instruction presented during a period of not more than two consecutive weeks.

(b)  Each corrections specialized controls, restraints, and defensive techniques instructor training course shall be designed to provide the trainee with the skills and knowledge to perform the function of a corrections controls, restraints, and defensive techniques instructor in the "Basic Training ‑ Correctional Officer" course, "Basic Training ‑ Probation/Parole Officer" course, and in-service training courses for correctional officers and probation/parole officers.

(c)  Each corrections specialized controls, restraints, and defensive techniques instructor training course shall include the following topical areas:

(1)           Introduction to Controls, Restraints, and Defensive Techniques;

(2)           Physical Fitness/Warm-up and Stretching;

(3)           Response to Injury;

(4)           Basic Controls and Techniques;

(5)           Advanced Controls and Techniques;

(6)           Restraint Applications; and

(7)           CRDT Program Student Evaluations and Testing.

(d)  The Commission-certified school that is certified to offer the "Corrections Specialized Instructor Training/Controls, Restraints, and Defensive Techniques" course is the Office of Staff Development and Training of the North Carolina Department of Public Safety.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. May 1, 2014; November 1, 2005; August 1, 2004.

 

SECTION .0500 - ENFORCEMENT OF RULES

 

12 NCAC 09G .0501          INVESTIGATION OF VIOLATION OF RULES

(a)  If any corrections agency, school, authorized representative acting on behalf of either, or individual is reported to be or suspected of being in violation of any of the rules in this Subchapter, the Commission may take action to correct the violation and to ensure that similar violations do not occur.

(b)  Before taking action against an agency, school, or individual for a violation, the Standards Division shall investigate the alleged violation and present a report of its findings to the Probable Cause Committee of the Commission.

(c)  The Probable Cause Committee shall convene prior to the next regular meeting of the Commission, shall consider the report of the Standards Division, and shall make a determination as to whether or not probable cause exists that the Commission's rules have been violated.

(d)  The Probable Cause Committee may:

(1)           direct the Standards Division to conduct a further investigation of the alleged violation;

(2)           request the Attorney General to authorize an investigation by the State Bureau of Investigation of the alleged violation;

(3)           direct the Standards Division to conduct an administrative hearing in the matter, pursuant to 12 NCAC 09G .0103; or

(4)           determine the appropriate sanctions against the violator pursuant to the Commission's rules.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. March 1, 2004.

 

12 NCAC 09G .0502          SANCTIONS FOR VIOLATIONS BY AGENCIES OR SCHOOLS

If the Commission finds that a violation has been committed by an agency or school, the Commission may:

(1)           issue an oral warning and request for compliance;

(2)           issue a written warning and request for compliance;

(3)           issue an official written reprimand;

(4)           suspend and refuse to grant accreditation to any school or program or course of instruction until proper corrective measures have been taken to bring the agency or school into compliance with these Rules and verification of such compliance has been made by the Commission; or

(5)           suspend and refuse to grant accreditation to any school or program or course of instruction for a specific period of time not to exceed five years.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0503          SANCTIONS FOR VIOLATIONS BY INDIVIDUALS

When any person certified by the Commission is found to have knowingly and willfully violated any provision or requirement of these Rules, the Commission may take action to correct the violation and to ensure that the violation does not reoccur, including:

(1)           issuing an oral warning and request for compliance;

(2)           issuing a written warning and request for compliance;

(3)           issuing an official written reprimand;

(4)           suspending the individual's certification for a specified period of time or until acceptable corrective action is taken by the individual; or

(5)           revoking or denying the individual's certification.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0504          SUSPENSION: REVOCATION: OR DENIAL OF CERTIFICATION

(a)  The Commission shall revoke the certification of a correctional officer, probation/parole officer, or probation/parole officer-intermediate when the Commission finds that the officer has committed or been convicted of a felony offense.

(b)  The Commission may, based on the evidence for each case, suspend, revoke, or deny the certification of a corrections officer when the Commission finds that the applicant for certification or the certified officer:

(1)           has not enrolled in and satisfactorily completed the required basic training course in its entirety within prescribed time periods relevant or applicable to a specified position or job title;

(2)           fails to meet or maintain one or more of the employment standards required by 12 NCAC 09G .0200 for the category of the officer's certification or fails to meet or maintain one or more of the training standards required by 12 NCAC 09G .0400 for the category of the officer's certification;

(3)           has committed or been convicted of a misdemeanor as defined in 12 NCAC 09G .0102 after certification;

(4)           has been discharged by the North Carolina Department of Correction for:

(A)          commission or conviction of a motor vehicle offense requiring the revocation of the officer's drivers license; or

(B)          commission or conviction of any other offense involving moral turpitude;

(5)           has been discharged by the North Carolina Department of Correction because the officer lacks the mental or physical capabilities to fulfill the responsibilities of a corrections officer;

(6)           has knowingly made a material misrepresentation of any information required for certification or accreditation;

(7)           has knowingly and willfully, by any means of false pretense, deception, fraud, misrepresentation or cheating whatsoever, obtained or attempted to obtain credit, training or certification from the Commission;

(8)           has knowingly and willfully, by any means of false pretense, deception, fraud, misrepresentation or cheating whatsoever, aided another person in obtaining or attempting to obtain credit, training, or certification from the Commission;

(9)           has failed to notify the Standards Division of all criminal charges or convictions as required by 12 NCAC 09G .0302;

(10)         has been removed from office by decree of the Superior Court in accord with the provisions of G.S. 128-16 or has been removed from office by sentence of the court in accord with the provisions of G.S. 14-230;

(11)         has refused to submit to an applicant drug screen as required by 12 NCAC 09G .0206; or has refused to submit to an in-service drug screen pursuant to the guidelines set forth in the Drug Screening Implementation Guide as required by the Department of Correction;

(12)         has produced a positive result on a drug screen reported to the Commission as specified in 12 NCAC 09G .0206(3), where the positive result cannot be explained to the Commission's satisfaction; or

(13)         has been denied certification or had such certification suspended or revoked by a previous action of the North Carolina Criminal Justice Education and Training Standards Commission, the North Carolina Company/Campus Police Program, the North Carolina Sheriffs' Education and Training Standards Commission, or a similar North Carolina, out of state or federal approving, certifying or licensing agency whose function is the same or similar to the aforementioned agencies if such certification was denied, suspended or revoked based on grounds that would constitute a violation of Subchapter 09G.

(c)  Following suspension, revocation, or denial of the person's certification, the person shall not remain employed or appointed as a corrections officer and the person shall not exercise any authority of a corrections officer during a period for which the person's certification is suspended, revoked, or denied.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. April 1, 2009; December 1, 2004; August 1, 2004.

 

12 NCAC 09G .0505          PERIOD OF SUSPENSION: REVOCATION: OR DENIAL

(a)  When the Commission revokes or denies the certification of a corrections officer pursuant to 12 NCAC 09G .0504 of this Section, the period of the sanction shall be 10 years where the cause of sanction is:

(1)           commission or conviction of a felony offense; or

(2)           the second suspension of an officer's certification for any of the causes requiring a three year period of suspension; or

(3)           revocation or denial of certification by the North Carolina Sheriffs' Education and Training Standards Commission based on grounds that would constitute a violation of Section 09G of these Rules.

(b)  When the Commission suspends or denies the certification of a corrections officer pursuant to 12 NCAC 09G .0504 of this Section, the period of sanction shall be not less than three years; however, the Commission may either reduce or suspend the period of sanction under Paragraph (c) of this Rule or substitute a period of probation in lieu of suspension of certification following an administrative hearing, where the cause of sanction is:

(1)           commission or conviction of a misdemeanor as defined in 12 NCAC 09G .0102;

(2)           discharge by the North Carolina Department of Correction pursuant to 12 NCAC 09G .0504(b)(4) and (b)(5) of this Section;

(3)           refusal to submit to the applicant drug screen required by the Rules in this Subchapter;

(4)           production of a positive result on a drug screen reported to the Commission under 12 NCAC 09G .0206(3), where the positive result cannot be explained to the Commission's satisfaction;

(5)           material misrepresentation of any information required for certification or accreditation;

(6)           obtaining, attempting to obtain, aiding another person to obtain, or aiding another person attempt to obtain credit, training or certification by any means of false pretense, deception, defraudation, misrepresentation or cheating;

(7)           failure to make either of the notifications as required by 12 NCAC 09G .0302;

(8)           removal from office under the provisions of G.S. 128‑16 or the provisions of G.S. 14-230; or

(9)           certification revoked or denied by the North Carolina Sheriffs' Education and Training Standards Commission, if such certification was revoked or denied based on grounds that would constitute a violation of Section 09G of these Rules.

(c)  When the Commission suspends or denies the certification of a corrections officer, the period of sanction shall be for an indefinite period, but continuing so long as the stated deficiency, infraction, or impairment continues to exist, where the cause of sanction is:

(1)           failure to meet or satisfy relevant basic training requirements; or

(2)           failure to meet or maintain the minimum standards for certification; or

(3)           discharge from the North Carolina Department of Correction for impairment of physical or mental capabilities.

 

History Note:        Authority G.S. 17C-6; 17C-10;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. December 1, 2004.

 

12 NCAC 09G .0506          SUMMARY SUSPENSIONS

(a)  The Commission, by and through the Probable Cause Committee, may summarily suspend the certification of a corrections officer or instructor before the commencement of proceedings for suspension or revocation of the certification when, in the opinion of the Probable Cause Committee, the public health, safety, or welfare requires this emergency action of summary suspension.  The Commission has determined that the following condition specifically affects the public health, safety, or welfare and therefore it, by and through the Probable Cause Committee, may utilize summary suspension: when the person has committed or been convicted of a violation of the criminal code which would require a permanent revocation or denial of certification.

(b)  For the purpose of considering a summary suspension of certification, the Probable Cause Committee may meet upon notice given by mail, telephone, or other means not less than 48 hours in advance of the meeting.

(c)  A summary suspension shall be effective on the date specified in the order of summary suspension or on service of the certified copy of the order at the last known address of the person, whichever is later.  The summary suspension shall remain effective during the proceedings.

(d)  Upon verbal notification by the Director that the certification of an officer or instructor is being summarily suspended by written order, the North Carolina Department of Correction shall take such steps as are necessary to ensure that the officer or instructor does not perform duties requiring certification by the Commission.

 

History Note:        Authority G.S. 17C-6; 17C-10; 150B-3;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. January 1, 2004.

 

SECTION .0600 - PROFESSIONAL CERTIFICATE PROGRAM

 

12 NCAC 09G .0601          PURPOSE

In order to recognize the level of competence of corrections officers serving within the State, to foster increased interest in college education and professional corrections training programs, and to attract highly qualified individuals into a corrections career, the Criminal Justice Education and Training Standards Commission establishes the State Corrections Officers' Professional Certificate Program.  This program is a method by which dedicated officers may receive statewide and nationwide recognition for education, professional training, and on‑the‑job experience.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0602          GENERAL PROVISIONS

(a)  In order to be eligible for one or more of the professional awards, an officer shall first meet the following preliminary qualifications:

(1)           The officer shall presently hold general correctional officer certification.  A person serving under a probationary certification is not eligible for consideration. An officer subject to suspension or revocation proceedings or under investigation for possible decertification action by the Commission, the Company and Campus Police Program, or the North Carolina Sheriffs' Education and Training Standards Commission shall not be eligible for professional awards for the pendency of the proceeding.

(2)           The officer shall hold general certification with the Commission in one of the following categories:

(A)          correctional officer;

(B)          probation/parole officer; or

(C)          probation/parole officer-intermediate.

(3)           The officer shall be a permanent, full-time, paid employee of the Department of Public Safety, Division of Adult Correction.

(4)           Permanent, paid employees of the Department of Public Safety, Division of Adult Correction who have successfully completed a Commission-certified corrections officer basic training program and have previously held general certification as specified in 12 NCAC 09G .0602(a)(1) and 12 NCAC 09G .0602(a)(2), but are presently, by virtue of promotion or transfer, serving in positions not subject to certification are eligible to participate in the professional certificate program.  Eligibility for this exception requires continuous employment with the Department of Public Safety, Division of Adult Correction from the date of promotion or transfer from a certified position to the date of application for a professional certificate.

(b)  Awards are based upon a formula which combines formal education, corrections training, and actual experience as a corrections officer.  Points are computed in the following manner:

(1)           each semester hour of college credit shall equal one point and each quarter hour shall equal two-thirds of a point;

(2)           20 classroom hours of Commission-approved corrections training shall equal one point;

(3)           only experience as a permanent, paid employee of the Department of Public Safety, Division of Adult Correction or the equivalent experience as determined by the Commission shall be acceptable of consideration.

Point requirements for each award are described in 12 NCAC 09G .0604 and .0605.

(c)  Certificates shall be awarded in an officer's area of expertise only.  The State Corrections Certificate is appropriate for permanent, paid corrections employees employed by the Department of Public Safety, Division of Adult Correction.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002;

Amended Eff. June 1, 2012; August 1, 2004.

 

12 NCAC 09G .0603          BASIC STATE CORRECTIONS CERTIFICATE

In addition to the qualifications set forth in 12 NCAC 09G .0602(a) of this Section, an applicant for the Basic State Corrections Certificate shall have completed the probationary period prescribed by the Commission, but in no case less than one year and shall have completed an accredited basic training course or the equivalent as determined by the Commission, in the category in which the applicant is employed.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0604          INTERMEDIATE STATE CORRECTIONS CERTIFICATE

(a)  In addition to the qualifications set forth in 12 NCAC 09G .0602(a) of this Section, an applicant for the Intermediate State Corrections Certificate shall possess or be eligible to possess the Basic State Corrections Certificate and shall have acquired the following combination of educational points or degrees, corrections training points and years of corrections experience:

 

                Educational Degrees                                                                           AA/AS                                   AB/BS

                Years of Corrections

                Experience                            8              6              4                              4                                              2

                Minimum Corrections

                Training

                Points                                     ‑               -               ‑                               15                                           10

                Minimum Total

                Education and Training

                Points                                     30           60           90                           15                                           10

(b)  Educational points claimed shall have been earned at a technical institute, technical college, community college, junior college, college, or university accredited as such by the Department of Education of the state in which the institution is located, the appropriate regional accrediting body, or the state university of the state in which the institution is located.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0605          ADVANCED STATE CORRECTIONS CERTIFICATE

(a)  In addition to the qualifications set forth in 12 NCAC 09G .0602(a) of this Section, an applicant for the Advanced State Corrections Certificate shall possess or be eligible to possess the Intermediate State Corrections Certificate and shall have acquired the following combinations of educational points or degrees, corrections training points and years of corrections experience:

 

                Educational Degrees                                           AA/AS                   AB/BS                   GRAD./PRO.

                Years of Corrections

                Experience                            12           9              9                              6                              4

                Minimum Corrections

                Training

                Points                                     ‑               ‑               25                           15                           10

                Minimum Total

                Education and Training

                Points                                     60           90           25                           15                           10

(b)  Educational points claimed shall have been earned at a technical institute, technical college, community college, junior college, college, or university accredited as such by the Department of Education of the state in which the institution is located, the regional national accrediting body, or the state university of the state in which the institution is located.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

12 NCAC 09G .0606          METHOD OF APPLICATION

(a)  All applicants for an award of the basic, intermediate, or advanced certificates in the professional certificate program shall complete an "Application for Award of State Corrections Certificate."

(b)  Documentation of education and training shall be provided by certified copies of transcripts, diplomas, Report of Training Course Completion, agency training records, or other verifying documents attached to the application.

(c)  The applicant shall submit the "Application for Award of State Corrections Certificate" to his department head who shall attach his recommendation and forward the application to the Commission.  Certificates will be issued to the Department head for award to the applicant.

(d)  Certificates and awards remain the property of the Commission, and the Commission shall have the power to cancel or recall any certificate or award.

 

History Note:        Authority G.S. 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.

 

SECTION .0700 - FORMS

 

12 NCAC 09G .0701          REPORT: APPLICATION: AND CERTIFICATION FORMS

The following are Commission approved forms to be used by the North Carolina Department of Correction in making reports, applications, or requests for certification to the Commission:

(a)           The Medical History Statement.  The Medical History Statement is a questionnaire to be completed by an applicant.  The form seeks to facilitate the applicant's medical examination by listing information pertinent to the applicant's present and past physical condition, injuries, diseases, or operations.

(b)           The Medical Examination Report.  The Medical Examination Report is a form provided to the examining physician to record the results of the applicant's medical examination.

(c)           The Request for School Accreditation Form.  The Request for School Accreditation Form provides the means for an agency or institution to become certified to conduct corrections training and to affiliate with the Criminal Justice Education and Training System. It seeks information on the physical, financial, and staff support provided to the school by the agency or institution.

(d)           The Request for Training Course Accreditation Form.  The Request for Training Course Accreditation Form is used to obtain accreditation for a school's particular offering of a corrections training course.  It requests information regarding the administration of the course, the particular facilities to be used, and the proposed curriculum of the course.

(e)           The Report of Appointment/Application for Certification.  The Report of Appointment/Application for Certification is used for reporting the appointment of correctional officers, probation/parole officers, and probation/parole officers-surveillance and indicating the applicant's progress toward completing the requirements for certification.  The questions, at a minimum, seek information regarding the applicant's work, residential, military history, arrest history, and references.

(f)            Notice of Transfer.  The Notice of Transfer form is used to notify the Standards Division of an officer's change in the type of corrections officer certification.

(g)           Report of Separation.  The North Carolina Department of Correction, when separating a person from employment as a correctional officer, probation/parole officer, or probation/parole officer-surveillance, shall forward to the Commission a properly completed Report of Separation within 30 days of separation.

(h)           The Request for Instructional Certification Form.  The Request for Instructional Certification Form is used by persons seeking certification as general instructors.  It seeks information regarding personal and professional background as well as documentation of the specific criteria for certification.

(i)            The Recommendation for General Instructor Certification Form.  The Recommendation for General Instructor Certification Form is completed by a School Director or agency head after an instructor has finished the required probationary period.  In the form the official recommends that the instructor receive General Instructor Certification and certifies that the official has observed and evaluated the instructor to be a teaching professional.

(j)            The Application for Award of State Corrections Certificate.  The Application For Award of State Corrections Certificate requests information regarding the education, training, and experience qualifying the applicant for various levels of certification under the State Corrections Officers' Professional Certificate Program.

 

History Note:        Authority 17C-6;

Temporary Adoption Eff. January 1, 2001;

Eff. August 1, 2002.