12 ncac 10b .0713          ADMISSION OF TRAINEES

(a)  The school shall not admit any individual as a trainee in any commission-certified basic training course who is not a citizen of the United States.

(b)  The school shall not admit any individual younger than 20 years of age as a trainee in any Detention Officer Certification Course and shall not admit any individual younger than 18 years of age as a trainee in the Telecommunicator Certification Course without the prior written approval of the Director of the Standards Division. The Director shall approve those individuals who will turn 20 years of age prior to the end of any Detention Officer Certification Course and, those individuals who will turn 18 years of age prior to the end of the Telecommunicator Certification Course.

(c)  The school shall not admit any individual who has not provided the documentation required by 12 NCAC 10B .0302 to demonstrate that he or she meets the high school educational requirement set out in 12 NCAC 10B .0302.

(d)  The school shall give priority admission in commission-certified basic training courses to individuals holding full-time employment with criminal justice agencies.

(e)  The school shall not admit any individual as a trainee in a presentation of any Detention Officer Certification Course or the Telecommunicator Certification Course unless the individual has provided to the School a Medical Examination Report Form (F-2) and the Medical History Statement Form (F-1) in compliance with 12 NCAC 10B .0304. The F-1 is completed by applicants and shall contain questions concerning biographical information, current medications, allergies, and past medical history, serious illnesses and medical conditions, hospitalizations, immunizations, and occupational history. The F-2 form is completed by a medical examiner and shall contain an applicant's biographical information, vision, hearing, cardiovascular and circulator health, urinalysis, TB skin test, and other medical conditions relevant to the applicant's physical fitness to perform the duties of a justice officer. Form F-2 also contains the examining medical professional's recommendation and concerns as to an applicant's physical fitness to perform the duties of a justice officer. The Medical Examination Report Form (F-2) and the Medical History Statement Form (F-1) required by the North Carolina Criminal Justice Education and Training Standards Commission shall be recognized by the Commission for the purpose of complying with this Rule.

(f)  The school shall not admit any individual trainee in commission-certified basic training courses unless the individual has provided the School a certified criminal record check for local and state records where the trainee has resided within the past 10 years and where the trainee attended high school. The record check shall be from the Clerk of Court, a law enforcement agency within the jurisdiction, or other governmental entity that maintains or has access to criminal records for the jurisdiction. The record shall be certified by the entity providing the record with either a raised seal or other visible verification that the document is an authentic copy. An Administrative Office of the Courts criminal record check or a comparable out-of-state criminal record check shall satisfy this requirement. If an individual trainee has received a probationary certificate from the Commission at the time of enrollment, this records check requirement shall be waived.

(g)  The school shall not admit any individual as a trainee in commission-certified basic training courses who has been convicted of the following:

(1)           a felony;

(2)           a crime for which the punishment could have been imprisonment for more than two years;

(3)           a crime or unlawful act defined as a "Class B Misdemeanor" within the five year period prior to the date of appointment;

(4)           four or more crimes or unlawful acts as defined as "Class B Misdemeanors" regardless of the date of conviction;

(5)           four or more crimes or unlawful acts defined as "Class A Misdemeanors" except the trainee may be enrolled if the last conviction occurred more than two years prior to the date of enrollment; or

(6)           any combination of four or more "Class A Misdemeanors" or "Class B Misdemeanors" regardless of the date of conviction.

(h)  Pursuant to 12 NCAC 09B .0203, every individual who is admitted as a trainee in a presentation of the Commission-certified Basic Law Enforcement Training Course shall notify the School of all criminal offenses that the trainee is arrested for, charged with, pleads no contest to, pleads guilty to, or is found guilty of, and shall notify the School of all Domestic Violence Orders pursuant to G.S. Chapter 50B and Civil No Contact Orders pursuant to G.S. Chapter 50C, that are issued by a judicial official.

(i)  Notification shall include all criminal offenses except minor traffic offenses. A minor traffic offense is defined for purposes of this Paragraph as any offense under G.S. Chapter 20 or similar laws of other jurisdictions, except those Chapter 20 offenses published in the Class B Misdemeanor Manual as referenced in 12 NCAC 10B. 0103. All driving while impaired, driving under the influence, and driving while license permanently revoked or permanently suspended offenses shall also be reported to the school.

(j)  The notifications required under Paragraph (i) shall be in writing and shall specify the nature of the offense, the court where the case was initiated and the court where the case was or will be heard or disposed of if it is a different court, the date of the arrest or criminal charge, the date of issuance of the Domestic Violence Order or Civil No Contact Order, and the final disposition and the date thereof. The notifications required under Paragraph (j) shall be received by the School within 30 days of the date the case was disposed of in court. The requirements of this Paragraph shall apply at all times during which the trainee is enrolled in a Basic Law Enforcement Training Course. The requirements of this Paragraph shall be in addition to the notifications required under 12 NCAC 10B .0301 and 12 NCAC 09B .0101.

History Note:        Authority G.S. 17C-4; 17E-7;

Eff. April 1, 2001;

Amended Eff. January 1, 2018; January 1, 2013; January 1, 2007; January 1, 2005;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018;

Amended Eff. January 1, 2023.