North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 09 - CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS › Subchapter G - MINIMUM STANDARDS FOR CRIMINAL JUSTICE SCHOOL DIRECTORS › Section .0200 - MINIMUM STANDARDS FOR CERTIFICATION OF CORRECTIONAL OFFICERS, PROBATION/PAROLE OFFICERS, AND PROBATION/PAROLE OFFICERS-SURVEILLANCE › Section 09G .0208 - MINIMUM STANDARDS FOR CORRECTIONAL OFFICERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  requirements of this Rule shall apply to all applicants for certification and
				  shall also apply at all times during which the correctional officer is
				  certified by the Commission.
(b)
				  Every correctional officer employed by the North Carolina Department of Adult
				  Correction shall:
(1) be a citizen of the
				  United States;
(2) be at least 20
				  years of age;
(3) be a high school
				  graduate, or the equivalent as defined in
				  12 NCAC
				  09G .0204;
(4) have been fingerprinted by the employing
				  agency in the manner provided in
				  12 NCAC
				  09G .0207;
(5) have had a medical examination as
				  required by
				  12 NCAC
				  09G .0205;
(6) have produced a negative result on a drug
				  screen as described in
				  12 NCAC
				  09G .0211;
(7) have been administered a psychological
				  screening examination in accordance with
				  G.S.
				  17C-10(c). The psychological
				  screening examination shall be valid for a period of one year from the date on
				  which it was administered;
(8) have
				  a background investigation conducted by the Department of Adult Correction,
				  including a personal interview as described in
				  12 NCAC
				  09G .0210;
(9) not have committed or been convicted of a
				  crime or crimes as specified in
				  12 NCAC
				  09G .0302;
(10) for personnel who are authorized to
				  carry a firearm in the execution of their duties, satisfactorily Complete the
				  Department of Adult Correction's departmental firearms training program as
				  prescribed in
				  12 NCAC
				  09G .0411. Such firearms training compliance
				  must have occurred within one year of the date of employment and by using the
				  department approved service handgun(s);
(11) be of good moral character, including
				  possessing the characteristics of honesty, maturity, discipline, attention to
				  detail, and respect for the rights of others, as more fully discussed and
				  interpreted in: In re Willis 288 N.C. 1.215 S.E. 2d 771 appeal dismissed
				  423 U.S.
				  976 (1975); State v. Harris, 216 N.C. 746, 6
				  S.E. 2d 854 (1940); In re Legg, 325 N.C. 658, 386 S.E. 2d 174 (1989); in re
				  Applicants for License, 143 N.C.1, 55 S.E. 635 (1906); In re Dillingham, 188
				  N.C. 162, 124 S.E. 130 (1924); State v. Benbow, 309 N.C. 538, 308 S.E. 2d 47
				  (1983); and later court decisions; and
(12) make the following notifications:
(A) within 30 days of the qualifying event,
				  notify the Criminal Justice Standards Division (Division) and the appointing
				  agency head in writing of all criminal offenses for which the officer is
				  charged or arrested. This shall include traffic offenses identified in the
				  Department of Adult Correction section of the Class B Misdemeanor Manual and
				  offenses of driving under the influence (DUI) or driving while impaired
				  (DWI);
(B) within 30 days of the
				  qualifying event, notify the Division and the appointing agency head in writing
				  of all criminal offenses for which the officer pleads no contest, pleads
				  guilty, or of which the officer is found guilty. This shall include traffic
				  offenses identified in the Class B Misdemeanor Manual (correctional officers
				  section) and offense of driving under the influence (DUI) or driving while
				  impaired (DWI);
(C) within 30 days
				  of service, officers shall notify the Standards Division of all Domestic
				  Violence Protective Orders (G.S. 50B) and Civil No Contact Orders (G.S. 50C)
				  that are issued by a judicial official against the officer;
(D) within 30 days of the date the case was
				  disposed of in court, the agency head, provided he or she has knowledge of the
				  officer's arrests or criminal charges and final dispositions, shall also notify
				  the Standards Division of arrests or criminal charges and final
				  disposition;
(E) within 30 days of
				  the issuance of all Domestic Violence Protective Orders (G.S. 50B) and Civil No
				  Contact Orders (G.S. 50C), the agency head, provided he or she has knowledge of
				  the order, shall also notify the Standard Division of these orders;
				  and
(F) The required notifications
				  in this Rule shall be in writing and shall specify the nature of the offense or
				  order, the court in which the case as handled, the date of the arrest, criminal
				  charge, or service of the order, and the final disposition. The notification
				  shall include a certified copy of the order or court documentation and final
				  disposition from the Clerk of Court in the county of adjudication. The
				  requirements of this Item shall be applicable at all times during which the
				  officer is employed and certified by the Commission and shall also apply to all
				  applicants for certification. Receipt by the Standards Division of a single
				  notification, for the officer or the agency head, shall be sufficient notice
				  for compliance with this Item.