CHAPTER 12 – DIVISON OF CORRECTIONS

 

SUBCHAPTER 12a – SECTION RULES: GENERAL ADMINISTRATION

 

SECTION .0100 – GENERAL aDMINISTRATION

 

14b NCAC 12a .0101       LOCATION

(a)  The principal place of business for the Department of Correction (DOC) is located at 214 West Jones Street, Raleigh, North Carolina.  The mailing address is 4201 Mail Service Center, Raleigh, NC  27699-4201.

(b)  DOC information may be obtained from the agency's website at: www.doc.state.nc.us.

(c)  DOC business office hours for the public are 8:00 a.m. to 5:00 p.m. Monday through Friday.

 

History Note:        Authority G.S. 143B-10; 143B-260; 143B-261.1;

Eff. December 1, 2008;

Transferred from 05 NCAC 01F .0101 Eff. June 1, 2013.

14B NCAC 12A .0102       COST OF COPIES

(a)  Copies of any documents on file with the Department of Correction (DOC) that are public records are available in the following forms at the following costs:

(1)           loose-leaf documents at a cost of five cents (.05) per page;

(2)           diskette/CD Rom at a cost of twenty-five cents ($.25) each;

(3)           digital video disk (DVD) at a cost of fifty cents ($.50) each; and

(4)           documents available in an electronic format transmitted via email at no charge.

(b)  Certified copies of any public document on file with DOC are available at a cost of one dollar ($1.00) per certification in addition to the loose-leaf copying costs.  Diskette certification is not available.

(c)  A service charge may be applied, based on the actual costs to DOC, for requests which cause DOC to incur additional costs beyond the normal course of business based on the following:

(1)           information technology staff time shall be charged at a rate of thirty-nine dollars ($39.00) per hour;

(2)           administrative staff time shall be charged at a rate of twelve dollars ($12.00) per hour; and

(3)           supervisory time shall be charged at a rate of twenty dollars ($20.00) per hour.

(d)  Postage and mailing costs shall be paid by requestor.

 

History Note:        Authority G.S. 132-6.2; 143B-10; 150B-19;

Eff. January 1, 2009;

Transferred from 05 NCAC 01F .0102 Eff. June 1, 2013.

 

SECTION .0200 - PETITION FOR RULEMAKING

 

14B NCAC 12A .0201       FILING A PETITION FOR RULEMAKING

(a)  Any person may petition the Department of Correction (DOC) to adopt a new rule, or amend or repeal an existing rule by submitting a rule-making petition to DOC.  The petition shall be addressed to:

The North Carolina Department of Correction

Controller's Office

2020 Yonkers Road; MSC 4220

Raleigh, North Carolina 27699-4220

(b)  The petition shall be labeled "Petition for Rule-making" and must include the following information:

(1)           the name(s) and address(es) of the petitioners;

(2)           a citation to any rule for which an amendment or repeal is requested;

(3)           a draft of the proposed text of the requested rule or amended rule;

(4)           an explanation of why the new rule or amendment or repeal of an existing rule is requested;

(5)           the effect of the new rule, amendment, or repeal on the procedures of DOC;

(6)           a fiscal note on the impact of the proposed rule on existing practices in the area involved, including cost factors and basis of analysis; and

(7)           any other information the person submitting the petition considers relevant.

 

History Note:        Authority G.S. 150B-18; 150B-19; 150B-20; 150B-21;

Eff. December 1, 2008;

Transferred from 05 NCAC 01F .0201 Eff. June 1, 2013.

 

 

subchapter 12b – prisons: public communications

 

section .0100 – inmate use of mail

 

14B NCAC 12B .0101       GENERAL

(a)  Inmates may write to anyone, but an individual inmate's privileges to write to a particular person or persons may be withdrawn by the superintendent/warden of the correctional facility to which the inmate is assigned, upon request of the recipient, or if the recipient is a minor, at the request of his or her parents or legal guardian.  Writing privileges also may be terminated for any of the reasons stated in Rule .0307(e) of this Section.  The reason for withdrawal must be stated in a written notice to the inmate that should refer specifically to the letters previously returned.

(b)  It is the purpose of the mail policy to protect citizens in the community from offensive or threatening letters and prevent criminal activities and escape plots from developing through correspondence.  To accomplish this, it is the responsibility of each facility mail room to stamp the outside of each piece of outgoing inmate mail (including packages) with the name of the correctional facility, (ex., Mailed from Columbus Correctional Center).  The stamp should be affixed to the front of the envelope above the address and between the return address and the postage stamp.  This is not required at community residential facilities, i.e., Wilmington Residential Facility for Women.

(c)  The superintendent/warden will be responsible for developing and implementing facility mail procedures consistent with this policy.  The facility procedures must be reviewed annually to assure compliance with current Division of Prisons policy.

 

History Note:        Authority G.S. 148-11;

Eff. November 1, 1991;

Transferred from 05 NCAC 02D .0306 Eff. June 1, 2013.

14B NCAC 12B .0102       CORRESPONDENCE

(a)  Legal Mail.

(1)           Definition:  Mail to or from attorneys, state and federal courts, the Attorney General of the United States or the Attorney General of North Carolina, the judiciary, the Industrial Commission, or legal aid services and paralegals.

(2)           Legal mail from inmates shall not be opened for inspection or impeded in its transmission. If there is any question as to whether an addressee is one of these persons, the mail can be held for not more than 24 hours to resolve the question.

(3)           Postage for legal mail from inmates will be paid from the Operating Fund provided the inmate is indigent.  No other eligibility requirements apply to postage for legal mail.  The 10 letter limitation on personal mail does not apply to legal mail.

(b)  Department of Correction Officials.

(1)           Definition:  The Secretary of Correction, the Director of Prisons, any member of the Grievance Resolution Board or its staff, any member of the Board of Correction, the Parole Commission or its staff, or any official of the Department of Correction in the chain of command above the superintendent/warden of the facility to which the inmate is assigned, are defined as DOC officials.

(2)           Mail to DOC officials will be accepted within our system without postage.

(3)           Mail to DOC officials shall not be opened for inspection or impeded in its transmission. If there is any question as to whether an addressee is one of these persons, the mail can be held for not more than 24 hours to resolve the question.

(c)  Other Government Officials.

(1)           Definition:  Any member of the Congress of the United States or any member of the General Assembly of North Carolina; the President of the United States or the Governor of North Carolina; the Director or any agent of the Federal Bureau of Investigation are defined as other government officials.

(2)           Mail to other government officials will be considered as personal mail for the purpose of postage.

(3)           Mail to other government officials shall not be opened for inspection or impeded in its transmission. If there is any question as to whether an addressee is one of these persons, the mail can be held for not more than 24 hours to resolve the question.

(d)  Personal Mail.

(1)           Definition:  Any mail to or from an inmate that is not defined in Paragraphs (a), (b), or (c) of this Rule.

(2)           Postage for personal mail from inmates without funds will be paid from the Operating Fund provided the inmate is indigent.

(3)           Postage for personal mail from indigent inmates shall be limited to the cost of 10 first-class one ounce letters per month per indigent inmate.

(e)  Other Outgoing Mail.  Personal mail from inmates may be sealed when placed in the outgoing mail and shall not be opened and censored unless the superintendent/warden or his designee has good cause to believe that:

(1)           The mail contains threats of physical harm against any person or threats of criminal activity.

(2)           The mail threatens blackmail or extortion.

(3)           The mail concerns sending contraband in and out of the correctional facility.

(4)           The mail concerns plans to escape.

(5)           The mail concerns plans to violate departmental rules and policies necessary to maintain security and control.

(6)           The mail concerns plans for criminal activity or violation of state or federal laws.

(7)           The mail concerns information which if communicated would create a clear and present danger of violence and physical harm.

(f)  Incoming Mail.

(1)           Inspection:  The superintendent/warden shall provide for the inspection of all incoming mail by qualified members of the correctional facility.  The inspection shall serve to prevent inmates from receiving through the mail contraband or any other material that threatens to undermine the security and order of the facility or which cannot be lawfully sent through the mail.  Mail to inmates which appears to be from one of the persons listed in Paragraph (a) of this Rule, shall be opened by correctional staff in the presence of the inmate.  Correctional staff will insure that the contents of letters from persons listed in Paragraph (a), (b), or (c) of this Rule are free of contraband and are in fact official or legal correspondence from the person whose name and return address appears on the outside of the envelope or package.  The correspondence shall not be read beyond what is necessary to make this determination.

(2)           Censorship:  Incoming personal mail may be opened and read by the superintendent/warden or his designee only if he has reason to believe that the contents of the letter fall into one of the categories listed in Paragraph (e) of this Rule.  This Paragraph and Paragraph (e) of this Rule allow for inspection and censorship of mail only when necessary to protect the security of the facility and prevent criminal activity.  No letter is to be opened or censored in order to eliminate critical opinions of Departmental policy or the Department's employees.  All incoming personal mail is to be inspected but not read unless it falls in one of the categories listed in Paragraph (e) of this Rule.

(g)  Mass Mailing.  Any massive attempt to use the mails to reach the inmate population or facility is inherently suspect.  If the superintendent/warden has good cause to believe that such an attempt has been initiated in order to cause disruption or otherwise threaten the order and security of the facility, the mail involved will be censored.  If necessary, due to the security consideration stated in this Paragraph, the superintendent/warden may refuse delivery of this mail without notice to the inmate addressee.

(h)  Rules on Letter Content and Structure.

(1)           Letters to and from inmates must be written in English.  If the superintendent/warden determines that the inmate is unable to read or write in English, then the superintendent/warden may allow the inmate to receive or send correspondence in his/her native language.  If the superintendent/warden has reason to believe the contents of the letter falls into one of the categories in Paragraph (e) of this Rule, he may secure an accurate translation by any means including access to local resources, (high schools, community colleges, universities, etc.).

(2)           Letters may be typewritten, printed, or written legibly in longhand.

(3)           Letters to inmates should be addressed so that the full name of the inmate appears on the envelope. The inmate shall instruct his correspondents to use the correct address as posted on the inmate's bulletin board.

(4)           Letters from inmates must have their full name and return address of the facility in the upper left corner of the envelope.

 

History Note:        Authority G.S. 148-11;

Eff. November 1, 1991;

Amended Eff. October 1, 1992;

Transferred from 05 NCAC 02D .0307 Eff. June 1, 2013.

 

14B NCAC 12B .0103       PROCEDURES FOR CENSORSHIP

If the superintendent/warden or designee decides that an inmate should be prohibited from sending or receiving any personal mail, the inmate should be notified in writing within 24 hours of the reason for censorship. The inmate shall be afforded the opportunity to appeal the decision in writing, within seven days, directly to the Director of the Division of Prisons.  The Director of Prisons or designee shall have the authority to reverse the prior decision if it is believed there is insufficient cause for the prohibition.  The Director must take action on the appeal in seven days from the time the inmate's appeal is received.

 

History Note:        Authority G.S. 148-11;

Eff. November 1, 1991;

Transferred from 05 NCAC 02D .0308 Eff. June 1, 2013.

 

14B NCAC 12B .0104       PACKAGES AND OTHER ITEMS

(a)  Sent by Inmates.  Packages and envelopes larger than 4-1/4 X 9-1/2" addressed to persons other than one of those listed in Rule .0102(a), (b), or (c) of this Section, may not be sealed for mailing by an inmate until inspected by a correctional officer and found free of contraband or material which constitutes a threat to the order and security of the facility or which cannot be lawfully sent through the mail.  This inspection shall be done in the presence of the inmate. If cleared for mailing, the item shall be sealed and placed in the mail by the sender in the presence of the inspector.

(b)  Sent to Inmates.  Additional items sent to inmates shall be subject to inspection and handling by a correctional officer.  The inspection shall be done in a secure location in the facility and shall not be done in the presence of the inmate.  If the officer determines that the package or envelope contains contraband or other material that threatens the order and security of the facility, this material shall be confiscated.

(c)  Additional Items Sent to Inmates.  In addition to letters, the following items may be received by an inmate through the mail, and are always subject to inspection and handling as provided in these Regulations:

(1)           clothing approved for use while incarcerated;

(2)           clothing to be used upon release (if received within 15 days of a scheduled release date);

(3)           musical instruments (when approval is secured in advance from the superintendent/warden);

(4)           unframed photographs, not to exceed 8" x 10";

(5)           legal papers;

(6)           publications which may be received under 05 NCAC 02D .0100;

(7)           religious items;

(8)           money shall be sent by postal or bank money order or cashiers or certified checks. Cash that is concealed or hidden within other mailed items in an attempt to avoid detection shall prompt an investigation and appropriate disciplinary action.  Procedures for the proper handling of money are internal matters and are contained in Department of Correction Administrative Policy and Procedures Manual .1002 (b) (1).

(d)  Inmate Request for Other Items.  Any inmate may request in writing permission from the Command Manager to receive through the mail a specific item that is not otherwise authorized.  This request shall be forwarded through the chain of command to permit the views of area staff to be expressed.  Seasonal items may be authorized by the Director of Prisons in addition to the list of items an inmate may receive through the mail.

(e)  COD Packages Sent to Inmates.  No COD packages shall be accepted for any inmate and no inmate shall be authorized to send mail COD. Unauthorized items arriving by mail shall be returned to the sender at the expense of the inmate addressed.  If the inmate is without funds, the package shall be returned at the state's expense or the inmate may donate it to a charitable organization or request it to be destroyed.  A copy of the mail regulations shall be enclosed in the package to be returned.  Packages that postal authorities will not accept for return to the sender shall be delivered to some charitable organization, or to a law enforcement agency and a receipt shall be obtained for the same.

 

History Note:        Authority G.S. 148-11;

Eff. November 1, 1991;

Amended Eff. October 1, 1992;

Transferred from 05 NCAC 02D .0309 Eff. June 1, 2013.

 

SECTION .0200 - INMATE LABOR FOR PUBLIC WORK PROJECTS

 

14B NCAC 12B .0201       POLICY

(a)  General.  The policy of the State of North Carolina is that all able-bodied prison inmates shall be required to perform diligently all work assignments provided for them.  Work assignments and employment shall be for the public benefit to reduce the cost of maintaining the inmate population while enabling inmates to acquire or retain skills and work habits needed to secure honest employment after their release.

(b)  Conditions for Use of Inmate Labor.  The use of inmate labor for public work projects must meet the following conditions:

(1)           The project or service involved is a type of work that inmates are qualified to perform.

(2)           The project or service is of benefit to the citizens of North Carolina or units of state or local government.

(3)           The project or service is not one that would normally be performed by private industry or non-inmate labor if inmate labor were not available.

(c)  Contracts.  The Department of Correction may make contracts with departments, institutions, agencies, and other political subdivisions of the State of North Carolina for the use of inmate labor that will help make the prisons as nearly self-supporting as is consistent with the purpose of their creation.

(d)  Prohibitions.  The following prohibitions apply to inmates being used for public work projects:

(1)           Inmates who are eligible and have been accepted for work release, study release and vocational rehabilitation may not be used.

(2)           Adult inmates are prohibited from working at or being on the premises of any school or institution operated or administered by the Division of Youth Services, Department of Human Resources.

 

History Note:        Authority G.S. 66-58; 148-26;

Eff. February 11, 1976;

Amended Eff. June 1, 1984;

Transferred from 05 NCAC 02D .0701 Eff. June 1, 2013.

 

14B NCAC 12B .0202       APPROVAL OF CONTRACTS

Area administrators/institution heads will have authority to approve contracts which provide inmate labor for public works.  A copy of the executed contract will be sent to the Central Accounting Office.

 

History Note:        Authority G.S. 148-26.5;

Eff. June 1, 1984;

Transferred from 05 NCAC 02D .0706 Eff. June 1, 2013.

 

 

 

subchapter 12c - treatment

 

section .0100 - arts and crafts

 

14B NCAC 12C .0101       DONATIONS

If a group, organization, or individual desires to make a monetary or material donation to the unit as a whole for hobbycraft activities, it may be accepted, but no gift or donation of hobbycraft tools or materials shall be accepted for a specified individual inmate.

 

History Note:        Authority G.S. 143B-361.1; 148-11;

Eff. March 17, 1978;

Transferred from 05 NCAC 02E .1005 Eff. June 1, 2013.

section .0200 - restitution/reparation program

 

14B NCAC 12C .0201       PROCEDURES: NOTIFICATION: COMPLETED RESTITUTION/REPARATION

The following procedures apply to the notification of the completion of orders/recommendations of restitution.

(1)           If an inmate chooses to fulfill his restitution obligations through his own funds, the following procedures are to be followed:

(a)           If the inmate's family pays off his restitution indebtedness to the court, they will supply to the unit a receipt from the sentencing court noting the full payment of the inmate's restitution obligation, along with the victims' names and docket number.

(b)           If the inmate deposits sufficient funds in his trust fund account to pay in full his restitution indebtedness, the unit will forward a trust fund check to the victims, noting "full payment" on the check.

(c)           Following the completion of either one of the above requirements, Form DC-191-A will be sent to the clerk of the sentencing court by the unit superintendent or institution head of the facility to which the inmate is assigned, noting and verifying full payment of this inmate's restitution indebtedness.

(2)           If the inmate decides to pay his restitution indebtedness through his work release earnings, the following procedures are to be followed:

(a)           Work release accounting will be responsible for making deductions from his work release earnings to make restitution payment or payments with the last payment to the victim noting "paid in full."

(b)           Following this, Form DC-191-A will be completed by the Work Release Accounting Office and sent to the sentencing court, noting the completion of this inmate's restitution indebtedness.

 

History Note:        Authority G.S. 148-11; 148-33.2;

Eff. June 10, 1978;

Amended Eff. February 10, 1981;

Transferred from 05 NCAC 02E .1104 Eff. June 1, 2013.

 

 

 

subchapter 12d – custody and security

 

section .0100 – search and seizure

 

14B NCAC 12d .0101       SEARCHES OF VISITORS AND OTHER PERSONS

(a)  Before and after every visiting period within the confines of a facility, a search of the room or area where the visits are held will be made to assure that no contraband has been concealed in or under any structure, equipment or furniture.

(b)  All visitors and all other persons who seek entry to any facility for any purpose may be subjected to a routine search of their person or their effects upon entering or leaving a facility or any time they are within the confines of a facility. Such searches are authorized at the discretion of the Officer-In-Charge.  Appropriate documentation shall be made to the Superintendent.

(c)  A routine search may also include the search of personal effects. Personal effects such as handbags, boxes, briefcases, or other items under the immediate control or access of the visitor, should remain outside the confines of the facility.  When in the judgment of the Officer-In-Charge that it is necessary for any of these personal effects to be carried within the Institution, such personal effects will be subject to a thorough search.  Visitors who refuse to agree to a search of personal effects will not be authorized to visit.

(d)  Routine searches of visitors and other persons seeking entry to a facility must be conducted by an officer of the same sex as the visitor or other person seeking entry to a facility.  Wherever possible, more than one staff person should be present for such searches.  If an officer of the same sex as the visitor is not available to conduct the routine search, visitors suspected of carrying contraband on their person must be denied entry into the facility. When visitors are suspected of carrying contraband, the Officer-In-Charge is authorized to request the assistance of local law enforcement provided that such assistance results in a search of the visitor by an officer of the same sex.

(e)  If contraband is found on the person or in the personal effects of the visitor, the contraband should be confiscated and local law enforcement authorities notified immediately.  Reasonable efforts short of the Use of Force should be utilized to encourage the visitor to remain until local law enforcement authorities arrive.  If the visitor refuses to remain, as much descriptive and informational data as can be accumulated by correctional staff regarding the identity of the visitor and direction of departure and method of departure, should be communicated to the local law enforcement officers.

(f)  A visitor seeking entry to the facility can avoid a routine search by leaving the facility.  If the visitor refuses to submit to a routine search, the visitor shall be denied access to the facility.  The visitor should also be considered for exclusion from an inmate's approved visitor's list in accordance with 05 NCAC 02D .0201(d)(1).

(g)  If prior to visitation, prison officials receive reliable information that a visitor will attempt to smuggle contraband into the facility, the Officer-In-Charge should contact the local law enforcement agency for assistance.

(h)  Complete searches of visitors is solely the authority of local law enforcement authorities with the consent of the visitor or by local law enforcement authorities having the legal basis to conduct the search.  While such searches may be conducted on agency property, Division staff should not provide assistance.  Any assistance provided should be in response to a request from local law enforcement authorities and predicated upon the maintenance of order and security at the facility.

 

History Note:        Authority G.S. 14-258.1; 15A-404; 148-4; 148-11;

Eff. November 1, 1991;

Transferred from 05 NCAC 02F .0104 Eff. June 1, 2013.

section .0200 – Program management

 

14B NCAC 12D .0201       PROGRAM SPONSORS

All program sponsors are subject to departmental rules and regulations regarding searches of visitors and the time, place, and manner of visitation (see 05 NCAC 02F .0100 and 02D .0200).  The number of sponsors may be limited as specifically provided in 5 NCAC 02D .0204(b).  Program sponsors may be excluded from prison facilities for any of the reasons stated in 05 NCAC 2D .0201(c).

 

History Note:        Authority G.S. 148-4; 148-11;

Eff. May 17, 1976;

Transferred from 05 NCAC 02F .0204 Eff. June 1, 2013.

 

14B NCAC 12D .0202       REVIEW WHERE ORGANIZATION BARRED

Any organization prohibited from on-unit participation may present written arguments to a committee appointed by the Director of Prisons to resolve the issue.  The committee shall consist of members of the program and custodial staff of the Division of Prisons.  The committee need not meet formally but each member will be consulted as to his opinion before a final decision is reached.  The organization shall be allowed two weeks from the time it receives written notice of program termination in which to present to the Director's committee its argument in favor of finding that the program should not be terminated.  The committee shall make its determination within two weeks of the time that the organization's argument is received.  When a decision is rendered, that decision shall be binding for all future purposes.

 

History Note:        Authority G.S. 148-4; 148-11;

Eff. May 17, 1976;

Transferred from 05 NCAC 02F .0207 Eff. June 1, 2013.

 

section .0300 – jail facility housing

 

14B NCAC 12D .0301       OTHER REQUIREMENTS

(a)  The superintendent of the administrative support facility will require Department of Correction staff to conduct periodic reviews of all jail inmates to evaluate progress and program participation and to respond to requests for information from the Parole Commission.

(b)  Jail Contract Terms.

(1)           Department of Correction, Division of Prisons staff will adhere to the terms of the jail contract.

(2)           Jail contracts may be terminated at any time by the sheriff or by Division of Prisons approving authorities.

 

History Note:        Authority G.S. 148-11; 148-32.1;

Eff. March 1, 1987;

Transferred from 05 NCAC 02F .2205 Eff. June 1, 2013.

 

 

 

subchapter 12E – court related proceedings

 

section .0100 – access to the courts

 

14B NCAC 12E .0101       ACCESS TO PRIVATE COUNSEL

Inmates may retain private counsel for legal representation.  Such attorneys shall be permitted access to inmates consistent with 05 NCAC 02D .0202(a), and must show proof that an attorney-client relationship has been established with an inmate in a matter which may be pending before the court.

 

History Note:        Authority G.S. 148-11;

Eff. June 16, 1978;

Amended Eff. December 1, 1989;

Transferred from 05 NCAC 02G .0205 Eff. June 1, 2013.

14B NCAC 12E .0102       TELEPHONE ACCESS TO INMATE CLIENTS

In exceptional situations where legal deadlines make a personal visit or correspondence impractical, attorneys may initiate a request with the Department's Legal Section for approval to contact inmate clients by telephone. Authorization will be provided to the Superintendent by the Department's Legal Section.

 

History Note:        Authority G.S. 148-11;

Eff. December 1, 1989;

Transferred from 05 NCAC 02G .0206 Eff. June 1, 2013.

 

 

 

subchapter 12F – Religious practice

 

section .0100 – islamic services and practices

 

14B NCAC 12F .0101        ADVISORY COMMITTEE ON RELIGIOUS MINISTRY IN PRISONS

(a)  General.  The Secretary of Correction hereby establishes the Advisory Committee on Religious Ministry in Prisons for the purpose of serving as a resource for the expansion and strengthening of chaplaincy services and religious activities within the Division of Prisons.  Committee activities shall be governed by the rules and regulations promulgated by the Department of Correction.  The Committee shall report to the Director of Prisons.

(b)  Appointment.

(1)           Recommendation for appointment will be made by the appropriate person or agency responsible for prison ministry in each recognized judicatory and will be forwarded through the chain of command for review by the Director of Prisons.  The list of nominees will be submitted to the Secretary for consideration.

(2)           The Secretary shall appoint committee members to staggered three-year terms. Committee appointments will be made annually, with appointments effective January 1 of each year. When unscheduled vacancies occur, new appointees will serve the unexpired term of the council member being replaced, and may be eligible for reappointment to a full term.

(3)           Committee membership is interfaith and interdenominational, comprised of representatives from each recognized religious judicatory.

(4)           The Secretary may remove any committee member for misfeasance, malfeasance, or nonfeasance.

(c)  Ex-Officio Members.

(1)           The Chief of Program Services will serve as the liaison between the Advisory Committee and the Director of Prisons.

(2)           A representative(s) from the Division of Prisons funded chaplains will attend all meetings of the Advisory Committee.  The Chaplain representative(s) will be elected by the large body of funded chaplains to serve a two-year term.

(3)           The Coordinator of Chaplaincy Services will attend all meetings and his office will be responsible for providing clerical assistance to the Committee.  The coordinator will represent the Chief of Program Services in his absence.  The Chaplaincy Secretary will attend all meetings to serve as recording secretary, and shall be responsible for distributing minutes to all appropriate individuals, including all state-funded chaplains.

(d)  By-Laws.  The Committee shall adopt standard by-laws.  Issues not addressed by the standard by-laws are reserved to the discretion of the Committee to be resolved in accordance with state law and with agency rules and regulations.

 

History Note:        Authority G.S. 143B-10; 148-11;

Eff. April 1, 1990;

Transferred from 05 NCAC 02H .0106 Eff. June 1, 2013.

 

 

subchapter 12G – private correctional service providers

 

section .0100 – partnership Program

 

14B NCAC 12G .0101       GRANT AWARD CONTRACTS

After approving a Criminal Justice Partnership grant, the Department of Correction shall provide a grant award contract to the grantee.  Grant award contracts, bearing the original signatures of the grantee's authorizing official, must be returned by the grantee to the Criminal Justice Partnership Program within 30 days of mailing.

 

History Note:        Authority G.S. 143B-273.8;

Eff. July 1, 1995;

Transferred from 05 NCAC 05 .0101 Eff. June 1, 2013.

 

 

subchapter 12H – CORRECTIONAL SERVICE PROVIDERS

 

SECTION .0100 – GENERAL

 

14B NCAC 12H .0101       APPLICaTION

The Rules in this Chapter apply to the hiring and training of private correctional service providers.

 

History Note:        Authority S.L. 2001-378;

Temporary Adoption Eff. March 6, 2002;

Eff. April 1, 2003;

Transferred from 05 NCAC 06 .0101 Eff. June 1, 2013.

14B NCAC 12H .0102       PURPOSE

The purpose of these Rules is to establish the training standards, methods to verify compliance with the training and hiring standards and the method of monitoring the standards by the Department of Correction for officers and security supervisors employed by private correctional service providers operating within the State.

 

History Note:        Authority S.L. 2001-378;

Temporary Adoption Eff. March 6, 2002;

Eff. April 1, 2003;

Transferred from 05 NCAC 06 .0102 Eff. June 1, 2013.

 

SECTION .0200 - HIRING

 

14B NCAC 12H .0201       HIRING STANDARDS

Private correctional service providers are required to meet the same relevant and essential minimum pre-employment standards for their correctional officers and security supervisors as have been established for officers and supervisors for the Department of Correction.

(1)           Future applicants for employment as private correctional officers or security supervisors:

(a)           Must be a high school graduate or have GED certificate;

(b)           Must be at least 20 years of age;

(c)           Must be a U.S. Citizen;

(d)           Must pass a physical examination to determine fitness for duty;

(e)           Must pass a urinalysis performed by qualified physician using a lab that protects the chain of custody;

(f)            Must pass a local, state and national criminal background check through the National Crime Information Center (NCIC) and cleared through the FBI fingerprinting clearance process;

(g)           Must have a completed background investigation that consists of verification of age, education, and employment;

(h)           Must be personally interviewed by the Department Head or designee;

(i)            Must have no felony conviction for 10 years;

(j)            Must have no conviction of a misdemeanor as defined in 12 NCAC 09G .0102(10) for three years;

(k)           Must have an evaluation and suitability for employment certified and documented by a state licensed psychologist; and

(l)            Must be truthful in providing all required information as prescribed by the application process.

(2)           With respect to private correctional officers or security supervisors already employed as of the effective date of these Rules, the Department of Correction shall verify that correctional officers and security supervisors working for private correctional service providers have met the essential hiring standards.  To accomplish this the department will:

(a)           Require the private correctional service providers to submit a "Verification of Employment Standards" checklist for each correctional officer and security supervisor to the department. In addition to the applicant's name, social security number, position title and effective date of employment, the checklist will, at a minimum, verify that all essential employment standards as described in Item (1) of this Rule have been completed.  The verification of employment form will contain an authorizing signature line and a space to record the date.

(b)           Upon receipt of the Verification of Employment Standards checklist by the Department of Correction, departmental staff will review the checklist and respond in a memorandum to the private correctional service provider as to whether the individual applicant meets or does not meet the minimum essential employment standards.

(c)           To verify if a correctional officer or security supervisor who pleads no contest to, pleads guilty to or is found guilty of a felony or misdemeanor criminal offense is eligible for employment or continued employment, the private correctional service provider will submit a "Notification Form for Criminal Convictions" to the Department of Correction for review. This form will include at a minimum the employee's name, social security number, and position title.  The form will also include the date of arrest, nature of the offense (including the general statute number), court of jurisdiction, the specific plea, date of disposition and a description of the disposition.  The form will be signed and dated by an authorized private correctional service provider representative and forwarded to the Department of Correction for review.  The form will contain space for Department of Correction personnel to verify if the employee meets or continues to meet the essential employment standards.

(d)           Upon receipt of the Notification Form or Criminal Convictions by the Department of Correction, departmental staff will review the form and note if in the Department's opinion the employee meets or continues to meet the minimum essential employment standards. The form will then be signed and dated by an authorized NCDOC representative and returned to the private correctional service provider.

(e)           Should a correctional officer or security supervisor previously designated as meeting the minimum essential employment standards be separated from employment the private correctional service provider will submit a "Report of Separation" form to the Department of Correction Personnel Office.  This form will contain at a minimum the separated employee's name, social security number, position title and date of separation.  The form will be signed and dated by an authorized representative of the private correctional service provider.

 

History Note:        Authority S.L. 2001-378;

Temporary Adoption Eff. March 6, 2002;

Transferred from 05 NCAC 06 .0201 Eff. June 1, 2013.

 

SECTION .0300 – TRAINING

 

14B NCAC 12H .0301       TRAINING STANDARDS

(a)  In order to show that those correctional officers and security supervisors required to comply with S.L. 2001-378 s .l.(2) are in compliance, the private correctional service provider shall submit its training curriculum and all relevant documents related to training to the North Carolina Department of Correction.

(b)  The North Carolina Department of Correction shall review the training curriculum and related information and shall certify in writing to the private correctional service provider that it meets or does not meet the standards of the Criminal Justice Education and Training Standards Commission.  Should the Department determine that the curriculum fails to meet the standards, it shall provide direction related to the problem areas and allow the private provider to resubmit only those portions in question.

(c)  The Department of Correction shall verify that correctional officers and security supervisors working for private correctional service providers have met the training standards.  To accomplish this all private correctional service providers shall submit a "Verification of Training Standards" checklist for each correctional officer and security supervisor to the department.  In addition to the applicant's name, social security number, position title and effective date of employment, the checklist shall verify that all training standards contained within the approved curriculum have been completed.  The verification of training form shall contain an authorizing signature line and a space to record the date.

(d)  Upon receipt of the Verification of Training Standards checklist by the Department of Correction, departmental staff shall review the checklist and respond in a memorandum to the private correctional service provider as to whether the individual applicant meets or does not meet the training standards.

(e)  Once approved, future changes to the training curriculum that could affect its approval shall be submitted to the Department of Correction for additional review.

 

History Note:        Authority S.L. 2001-378;

Temporary Adoption Eff. March 6, 2002;

Eff. April 1, 2003;

Transferred from 05 NCAC 06 .0301 Eff. June 1, 2013.

 

SECTION .0400 – COMPLIANCE

 

14B NCAC 12H .0401       REVIEW OF COMPLIANCE

The Department of Correction may monitor and audit private correctional service provider's records related to the hiring and training standards.  To facilitate this function the private correctional service provider shall maintain individual personnel files and training records for each correctional officer and security supervisor.  These files and records shall:

(1)           contain all necessary documentation required to verify that an individual correctional officer or security supervisor meets the minimum hiring standards;

(2)           contain all necessary documentation required to verify that an individual correctional officer or security supervisor has completed the approved training standards; and

(3)           be accessible upon request to Department of Correction personnel for review and audit. Should the Department of Correction have concerns or require additional information related to the hiring and training standards of any individual correctional officer or security supervisor, they may request additional information be provided.

 

History Note:        Authority S.L. 2001-378;

Temporary Adoption Eff. March 6, 2002;

Eff. April 1, 2003;

Transferred from 05 NCAC 06 .0401 Eff. June 1, 2013.