Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
Commission shall revoke the certification of a correctional officer or
probation/parole officer when the Commission finds that the officer has
committed or been convicted of a felony offense.
(b) The Commission shall deny the
certification of a correctional officer when the Commission finds the officer
has been convicted of a felony.
(c)
The Commission shall deny the certification of a probation/parole officer when
the Commission finds the officer has committed or been convicted of a felony
offense.
(d) The Commission may,
based on the evidence for each case, suspend, revoke, or deny the certification
of a corrections officer, as defined in
12 NCAC
09G .0102(4) when the
Commission finds that the applicant for certification or the certified officer:
(1) has not enrolled in and completed with
passing scores the required basic training course in its entirety in time
periods prescribed in
12 NCAC
09G .0400 applicable to a specified position
or job title;
(2) fails to meet or
maintain one or more of the employment standards required by
12 NCAC
09G .0200 for the category of the officer's
certification or fails to meet or maintain one or more of the training
standards required by
12 NCAC
09G .0400 for the category of the officer's
certification;
(3) for correctional
officers as defined in
12 NCAC
09G .0102(3), have been
convicted of a Class B misdemeanor as defined in
12 NCAC
09G .0102(12)(b) within a
three year period prior to the date of application for employment or have
completed any corrections supervision imposed by the courts for such crimes
within three years of issuance of certification, whichever is later;
(4) for correctional officers as defined in
12 NCAC
09G .0102(3), have committed
or been convicted of a Class B misdemeanor as defined in
12 NCAC
09G .0102(12)(b) after
certification;
(5) for
probation/parole officers as defined in
12 NCAC
09G .0102(12), have
committed or been convicted of a Class B misdemeanor as defined in
12 NCAC
09G .0102(12)(b) for a three
year period prior to the date of application for employment or after
certification have completed any corrections supervision imposed by the courts
for such crimes within three years of issuance of certification;
(6) has been discharged by the North Carolina
Department of Adult Correction for:
(A)
commission or conviction of a motor vehicle offense requiring the revocation of
the officer's drivers license; or
(B) lack of good moral character as defined
in 12
NCAC 09G .0206;
(7) has been discharged by the North Carolina
Department of Public Safety, Division of Adult Correction and Juvenile Justice
because the officer lacks the mental or physical capabilities to fulfill the
responsibilities of a corrections officer;
(8) has knowingly made a material
misrepresentation of any information required for certification or
accreditation;
(9) has knowingly
and willfully, by any means of false pretense, deception, fraud,
misrepresentation, or cheating whatsoever, obtained or attempted to obtain
credit, training, or certification from the Commission;
(10) has knowingly and willfully, by any
means of false pretense, deception, fraud, misrepresentation, or cheating
whatsoever, aided another person in obtaining or attempting to obtain credit,
training, or certification from the Commission;
(11) has failed to notify the Standards
Division of all criminal charges or convictions as required by
12 NCAC
09G .0208 or
09G .0209;
(12) has been removed from office by decree
of the Superior Court in accord with the provisions of
G.S.
128-16 or has been removed from office by
sentence of the court in accord with the provisions of
G.S.
14-230;
(13) has refused to submit to an applicant
drug screen as required by
12 NCAC
09G .0206; or has refused to submit to an
in-service drug screen pursuant to the guidelines set forth in the Drug
Screening Implementation Guide as required by the Department of Public Safety,
Division of Adult Correction and Juvenile Justice;
(14) has produced a positive result on a drug
screen reported to the Commission as specified in
12 NCAC
09G .0206, where the positive result cannot
be explained to the Commission's satisfaction. For the purposes of this Rule,
"to the Commission's satisfaction" shall be determined on a case-by-case basis,
and the use of a prescribed drug shall be satisfactory; or
(15) has been denied certification or had
such certification suspended or revoked by a previous action of the North
Carolina Criminal Justice Education and Training Standards Commission, the
North Carolina Company Police Program, the North Carolina Campus Police
Program, the North Carolina Sheriffs' Education and Training Standards
Commission, or a similar North Carolina, out of state, or federal approving,
certifying, or licensing agency whose function is the same or similar to the
agencies if the certification was denied, suspended, or revoked based on
grounds that would constitute a violation of this
Subchapter.
(e) Following
suspension, revocation, or denial of the person's certification, the person
shall not remain employed or appointed as a corrections officer and the person
shall not exercise any authority of a corrections officer during a period for
which the person's certification is suspended, revoked, or denied.