North Carolina Administrative Code › Title 12 - JUSTICE › Chapter 09 - CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS › Subchapter B - STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT: EDUCATION: AND TRAINING › Section .0100 - MINIMUM STANDARDS FOR CRIMINAL JUSTICE EMPLOYMENT › Section 09B .0114 - MINIMUM STANDARDS FOR LOCAL CONFINEMENT PERSONNEL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				  officer, supervisor, or administrator employed by a local confinement facility
				  in North Carolina 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
				  09B .0106;
(4) have been fingerprinted by the employing
				  agency in the manner provided in
				  12 NCAC
				  09B .0103;
(5) have had a medical examination as
				  required by
				  12 NCAC
				  09B .0104;
(6) have produced a negative result on a drug
				  screen as described in
				  12 NCAC
				  09C .0310;
(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
				  been interviewed as described in
				  12 NCAC
				  09B .0105;
(9) have a background investigation conducted
				  by the employing agency, including a personal interview as required by 12 NCAC
				  .09B .0102;
(10) not have committed
				  or been convicted of a crime or crimes as specified in
				  12 NCAC
				  09B .0111;
(11) be of good moral character as defined 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 647
				  (1983); and later court decisions.
(12) Make the following notifications:
(A) within five days of the qualifying event,
				  notify the Standards 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 Class B Misdemeanor Manual and
				  offenses of driving under the influence (DUI) or driving while impaired
				  (DWI);
(B) within five days of the
				  qualifying event, notify the Standards 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 and offenses of
				  driving under the influence (DUI) or driving while impaired (DWI);
(C) within five days of service, officers
				  shall notify the Standards Division of all Domestic Violence Protective Order
				  (G.S. 50B) and Civil No Contact Orders (G.S. 50C) that are issued by a judicial
				  official against the officer;
(D)
				  within five 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; and
(E) within five 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 Standards Division of these orders.
(13) 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 was 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, from the officer or the agency head, shall be sufficient notice
				  for compliance with this Item.