12 NCAC 09B .0114          MINIMUM STANDARDS FOR LOCAL CONFINEMENT PERSONNEL

(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.

(b)  The word "officer" as identified in Paragraph (a) of this Rule, means those officers identified in G.S. 17C-2(3).

(c)  The requirements of this Rule shall apply to all applicants for certification and shall also apply at all times during which the law enforcement officer is certified by the Commission.

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

Eff. June 1, 1986;

Amended Eff. November 1, 2015; December 1, 1987;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest eff. May 25, 2019;

Amended Eff. October 1, 2022.