12 NCAC 09G .0208         MINIMUM STANDARDS FOR CORRECTIONAL OFFICERS

(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, or have a U.S. Permanent Resident Card (Green Card) and have resided in the United States for at least three years;

(2)           be at least 18 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 which are dismissed or 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)          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.

(c)  Within 30 days of service, the agency head, provided he or she has knowledge of the correctional officer's arrests or criminal charges and final disposition, shall also notify the Standards Division of arrests, criminal charges and final dispositions.

(d)  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 notify the Standards Divisions of these orders.

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

Eff. May 1, 2023.

Amended Eff. July 1, 2024.