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.