A BILL TO BE ENTITLED
AN ACT to establish the north carolina correctional and probation officer education and training standards commission.
The General Assembly of North Carolina enacts:
SECTION 1.  The General Statutes are amended by adding a new Chapter to read:
"Chapter 17F.
"North Carolina Correctional and Probation Officer Education and Training Standards Commission.
"§ 17F‑1.  Findings and policy.
The General Assembly finds and declares that the administration of criminal justice is of statewide concern, and that proper administration is important to the health, safety, and welfare of the people of the State and is of such nature as to require education and training of a professional nature. It is in the public interest that such education and training be made available to persons who seek to become correctional officers and probation officers, to persons who are serving as such officers in a temporary or probationary capacity, and to persons already in regular service.
"§ 17F‑2.  Definitions.
Unless the context clearly requires otherwise, the following definitions apply to this Chapter:
(1)	"Commission" means the North Carolina Correctional and Probation Officer Education and Training Standards Commission.
(2)	"Correctional Officer" means an employee of the Division of Prisons of the Department of Correction whose primary duties are the custody, supervision, and treatment to control and rehabilitate criminal offenders in the custody of the Department.
(3)	"Probation Officer" means an employee of the Division of Community Corrections of the Department of Correction whose primary duties are to stay informed concerning the conduct and condition of each person on probation under the officer's supervision by visiting, requiring reports, and other methods, and reporting on that conduct and condition in writing as required by the court or the Division.
"§ 17F‑3.  North Carolina Correctional and Probation Officer Education and Training Standards Commission established; members; terms; vacancies.
(a)	There is hereby established the North Carolina Correctional and Probation Officer Training Standards Commission. The Commission shall be composed of 21 members as follows:
(1)	Correctional Officers. – Ten representatives of the Division of Prisons representing each of the Division's five regional divisions, as delineated by the Department of Correction.
(2)	Probation Officers. – Four representatives of the Division of Community Corrections, representing each of the Division's four regional divisions, as delineated by the Department of Correction.
(3)	Secretary of the Department of Correction or designee.
(4)	Attorney General. – The Attorney General of the State of North Carolina or designee.
(5)	One person appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives pursuant to G.S. 120‑121 and one person appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate pursuant to G.S. 120‑121.
(6)	Others. – The President of the University of North Carolina or the President's designee, the President of the Community Colleges System or the President's designee, and the Dean of the School of Government at the University of North Carolina at Chapel Hill or the Dean's designee shall be ex officio, nonvoting members of the Commission.
(b)	Terms. – Members shall be appointed for staggered terms. Beginning September 1, 2009, five members representing the Division of Prisons and two members representing the Division of Community Corrections shall be appointed to three‑year terms; five members representing the Division of Prisons and two members representing the Division of Community Corrections shall be appointed to three‑year terms. The two appointees of the General Assembly shall serve a terms of two years. After the initial terms established herein have expired, all members appointed to the Commission shall be appointed to terms of three years.
(c)	Vacancies. – If any vacancy occurs in the membership of the Commission, the appointing authority shall appoint another person to fill the unexpired term of the vacating member.
(d)	Compensation. – None of the members of the Commission shall receive compensation for serving on the Commission. However, if the North Carolina Department of Justice has funds available, then members of the Commission who are State officers or employees may be reimbursed for their expenses in accordance with G.S. 138‑6; members of the Commission who are full‑time salaried public officers or employees other than State officers or employees may be reimbursed for their expenses in accordance with G.S. 138‑5(b). All other members of the Commission may receive compensation and reimbursement for expenses in accordance with G.S. 138‑5.
(e)	Officers. – The chair shall be elected from among the membership. The Commission shall select its other officers from among the membership as it deems necessary. All officers serve for one year, or until successors are qualified.
(f)	Removal. – The Commission may remove a member for misfeasance, malfeasance, nonfeasance, or neglect of duty.
(g)	The Commission has power to adopt its own rules of procedure. The Commission shall meet no less than four times a year. It shall also meet on the call of the chair or vice‑chair, or any four members of the Commission.
(h)	The Commission may appoint any resident of the State to an adjunct or special committee created or appointed by it to study or make recommendations or reports on any subject matter related to the duties of correctional or probation officers.
"§ 17F‑4.  Compensation.
(a)	Members of the Commission who are State officers or employees shall receive no compensation for serving on the Commission but may be reimbursed for their expenses in accordance with G.S. 138‑6. Members of the Commission who are full‑time salaried public officers or employees other than State officers or employees shall receive no compensation for serving on the Commission but may be reimbursed for their expenses in accordance with G.S. 138‑5(b). All other members of the Commission may receive compensation and reimbursement for expenses in accordance with G.S. 138‑5.
(b)	The chair of the Commission may appoint such ad hoc members of the Commission's standing and select committees as are necessary to carry out the business of the Commission, and such service shall be reimbursed as provided in subsection (a) of this section, subject to the approval of the Attorney General.
"§ 17F‑5.  Chair; vice‑chair; other officers; meetings; reports.
(a)	The Commission shall elect one of the members of the Commission as chair at the first regular meeting after July 1 of each year. The ex officio members shall not be eligible for election as Chair.
(b)	The Commission shall select a vice‑chair and such other officers and committee chair from among its members as it deems desirable at the first regular meeting of the Commission after its creation and at the first regular meeting after July 1 of each year thereafter. Nothing in this subsection, however, shall prevent the creation or abolition of committees or offices of the Commission, other than the office of vice‑chair, as the need may arise at any time during the year.
(c)	The Commission shall hold at least four regular meetings per year upon the call of the chair. Special meetings shall be held upon the call of the chair or the vice‑chair, or upon the written request of five members of the Commission. Such special meetings must be held within 30 days.
(d)	The Commission shall present regular and special reports and recommendations to the Attorney General or the General Assembly, or both, as the need may arise or as the Attorney General or General Assembly may request.
"§ 17F‑6.  Powers of Commission.
(a)	In addition to powers conferred upon the Commission elsewhere in this Chapter, the Commission shall have the following powers, which shall be enforceable through its rules and regulations, certification procedures, or the provisions of G.S. 17F‑10:
(1)	Adopt rules and regulations for the administration of this Chapter, which may require (i) the submission by the  Department of Correction of information with respect to the employment, education, retention, and training of its correctional officers and probation officers, and (ii) the submission by any criminal justice training school of information with respect to its criminal justice training programs that are required by this Chapter.
(2)	Establish minimum educational and training standards that must be met in order to qualify for entry-level employment and retention as a correctional officer or probation officer in temporary or probationary status or in a permanent position.
(3)	Certify and recertify, pursuant to the standards that it has established for that purpose, persons as qualified under the provisions of this Chapter to be employed at entry level and retained as correctional officers and probation officers.
(4)	Establish minimum standards for the certification of criminal justice training schools and programs or courses of instruction that are required by this Chapter.
(5)	Certify and recertify, pursuant to the standards that it has established for that purpose, criminal justice training schools and programs or courses of instruction that are required by this Chapter.
(6)	Establish minimum standards and levels of education and experience for all criminal justice instructors and school directors who participate in programs or courses of instruction that are required by this Chapter.
(7)	Certify and recertify, pursuant to the standards that it has established for the purpose, criminal justice instructors and school directors who participate in programs or courses of instruction that are required by this Chapter.
(8)	Investigate and make such evaluations as may be necessary to determine if criminal justice agencies, schools, and individuals are complying with the provisions of this Chapter.
(9)	Adopt and amend bylaws, consistent with law, for its internal management and control.
(10)	Enter into contracts incident to the administration of its authority pursuant to this Chapter.
(11)	Establish minimum standards for in‑service training for correctional officers and probation officers.
(b)	The Commission shall have the following powers, which are advisory in nature and for which the Commission is not authorized to undertake any enforcement actions:
(1)	Identify types of criminal justice positions in the Department of Correction, other than entry level positions, for which advanced or specialized training and education are appropriate, and establish minimum standards for the certification of persons as being qualified for those positions on the basis of specified education, training, and experience; however, compliance with these minimum standards shall be discretionary on the part of criminal justice agencies with respect to their correctional officers and probation officers;
(2)	Certify, pursuant to the standards that it has established for the purpose, correctional officers and probation officers for those criminal justice agencies that elect to comply with the minimum education, training, and experience standards established by the Commission for positions for which advanced or specialized training, education, and experience are appropriate;
(3)	Study and make reports and recommendations concerning criminal justice education and training in North Carolina;
(4)	Conduct and stimulate research by public and private agencies that shall be designed to improve education and training in the administration of criminal justice;
(5)	Study, obtain data, statistics, and information regarding, and make reports concerning, best practices in the recruitment, selection, education, retention, and training of persons serving criminal justice agencies and make recommendations for improvement in methods of recruitment, selection, education, retention, and training of persons serving criminal justice agencies;
(6)	Make recommendations concerning any matters within its purview pursuant to this Chapter;
(7)	Appoint such advisory committees as it may deem necessary;
(8)	Do such things as may be necessary and incidental to the administration of its authority pursuant to this Chapter;
(9)	Formulate basic plans for and promote the development and improvement of a comprehensive system of education and training for the officers and employees of criminal justice agencies consistent with its rules and regulations;
(10)	Maintain liaison among local, State, and federal agencies with respect to criminal justice education and training;
(11)	Promote the planning and development of a systematic career development program for criminal justice professionals.
"§ 17F‑7.  Functions of the Department of Justice.
(a)	The Attorney General shall provide such staff assistance as the Commission shall require in the performance of its duties.
(b)	The Attorney General shall have legal custody of all books, papers, documents, or other records and property of the Commission.
(c)	Any papers, documents, or other records which become the property of the Commission that are placed in the criminal justice officer's personnel file maintained by the Commission shall be subject to the same disclosure requirements as set forth in Chapters 126, 153A, and 160A of the General Statutes regarding the privacy of personnel records.
"§ 17F‑8.  System established.
The North Carolina Correctional and Probation Officer Education and Training Standards Commission shall establish a North Carolina Correctional and Probation Officer Education and Training System. The system shall be a cooperative arrangement among criminal justice agencies, both State and local, and criminal justice education and training schools, both public and private, to provide education and training to the officers and employees of the criminal justice agencies of the State of North Carolina and its local governments. Members of the system shall include the North Carolina Justice Academy as well as such other public or private agencies or institutions within the state, that are engaged in criminal justice education and training and desire to be affiliated with the system for the purpose of achieving greater coordination of criminal justice education and training efforts in North Carolina.
"§ 17F‑9.  Correctional and Probation Officer Standards Division of the Department of Justice established; appointment of director; duties.
(a)	There is hereby established within the Department of Justice, the Correctional and Probation Officer Standards Division, hereinafter referred to as "the Division," which shall be organized and staffed in accordance with applicable laws and regulations and within the limits of authorized appropriations.
(b)	The Attorney General shall appoint a director for the Division chosen from a list of three nominees submitted to him by the Commission who shall be responsible to and serve at the pleasure of the Attorney General and the Commission.
(c)	The Division shall administer such programs as are assigned to it by the Commission. The Division shall also administer such additional related programs as may be assigned to it by the Attorney General or the General Assembly. Administrative duties and responsibilities shall include, but are not limited to, the following:
(1)	Administering any and all programs assigned to the Division by the Commission and reporting any violations of or deviations from the rules and regulations of the Commission as the Commission may require;
(2)	Compiling data, developing reports, identifying needs, and performing research relevant to beneficial improvement of the criminal justice agencies;
(3)	Developing new and revising existing programs for adoption consideration by the Commission;
(4)	Monitoring and evaluating programs of the Commission;
(5)	Providing technical assistance to relevant agencies of the criminal justice system to aid them in the discharge of program participation and responsibilities;
(6)	Disseminating information on Commission programs to concerned agencies and/or individuals;
(7)	Taking such other actions as may be deemed necessary or appropriate to carry out its assigned duties and responsibilities;
(8)	The director may divulge any information in the Division's personnel file of a correctional officer, probation officer, or applicant for certification to the head of the criminal justice agency employing the officer or considering the applicant for employment when the director deems it necessary and essential to the retention or employment of said officer or applicant. The information may be divulged whether or not such information was contained in a personnel file maintained by a State or by a local government agency.
"§ 17F‑10.  Required standards.
(a)	The General Assembly finds, and it is declared to be the policy of this Chapter, that such correctional officers and probation officers as defined in G.S. 17f-2 have satisfied such entry-level requirements by their experience. It is the intent of the Chapter that all correctional officers and probation officers employed at the entry level after the Commission has adopted the required standards shall meet the requirements of this Chapter. All correctional officers and probation officers who are exempted from the required entry-level standards by this subsection shall be subject thereafter to the requirements of subsections (b) and (c) of this section as well as the requirements of G.S. 17C‑6(a) in order to retain certification.
If any correctional officer  or probation officer exempted from the required standards by this provision fails to serve as a correctional officer  or probation officer for a 12‑month period, said officer shall be required to comply with the required entry-level standards established by the Commission pursuant to the authority otherwise granted in this section and in G.S. 17C‑6(a).
(b)	The Commission shall provide, by regulation, for a period of probationary employment and certification for correctional officers and probation officers. The Commission may prescribe such training requirements as are required for the award of either probationary or permanent certification of officers, in addition to the pre‑employment requirements authorized in G.S. 17F‑6(a). Any correctional officer or probation officer appointed on a temporary or probationary basis who does not comply with the training provisions of this Chapter is not authorized to exercise the powers of a correctional officer  or probation officer to include the power of arrest.  If, however, a correctional officer  or probation officer has enrolled in a Commission‑approved preparatory program of training that concludes later than the end of the officer's probationary period, and the Commission does not require such training to be completed prior to the award of probationary certification, the Commission may extend, for good cause shown, the probationary period for a period not to exceed six months.
Upon separation of a correctional officer or probation officer from a criminal justice agency within the prescribed period of temporary or probationary appointment, the officer's probationary certification shall be terminated by the Commission.  Upon the reappointment to the same agency or appointment to another criminal justice agency of an officer who has separated from an agency within the probationary period, the officer shall be charged with the cumulative amount of time served during his initial or subsequent appointments and allowed the remainder of the probationary period to complete the Commission's requirements.  Upon reappointment to the same agency or appointment to another agency of an officer who has separated from an agency within the probationary period and who has remained out of service for more than one year after the date of separation, the officer shall be allowed another probationary period to satisfy the Commission's requirements.
(c)	In addition to the requirements of subsection (b) of this section, the Commission, by rules and regulations, shall fix other qualifications for the employment, training, and retention of correctional officers and probation officers, including minimum age, education, physical and mental standards, citizenship, good moral character, experience, and such other matters as relate to the competence and reliability of persons to assume and discharge the responsibilities of correctional officers and probation officers, and the Commission shall prescribe the means for presenting evidence of fulfillment of these requirements.
Where minimum educational standards are not met, yet the individual shows potential and a willingness to achieve the standards by extra study, they may be waived by the Commission for the reasonable amount of time it will take to achieve the standards required.  Such an educational waiver shall not exceed 12 months.
(d)	The Commission may issue a certificate evidencing satisfaction of the requirements of subsections (b) and (c) of this section to any applicant who presents such evidence as may be required by its rules and regulations of satisfactory completion of a program or course of instruction in another jurisdiction equivalent in content and quality to that required by the Commission for approved criminal justice education and training programs in this State.
"§  17F‑11.  Compliance; enforcement.
(a)	Any correctional officer or probation officer who the Commission determines does not comply with this Chapter or any rules adopted under this Chapter shall not exercise the powers of a correctional officer or probation officer and shall not exercise the power of arrest unless the Commission waives that certification or deficiency. The Commission shall enforce this section by the entry of appropriate orders effective upon service on either the criminal justice agency or the criminal justice officer.
(b)	Any person who desires to appeal the proposed denial, suspension, or revocation of any certification authorized to be issued by the Commission shall file a written appeal with the Commission not later than 30 days following notice of denial, suspension, or revocation.
(c)	The Commission may appear in its own name and apply to courts having jurisdiction for injunctions to prevent violations of this Chapter or of rules issued pursuant thereto; specifically, the performance of correctional officer or probation officer functions by officers or individuals who are not in compliance with the standards and requirements of G.S. 17C‑6(a) and G.S. 17C‑10. A single act of performance of a correctional officer or probation officer function by an officer or individual who is performing such function in violation of this Chapter is sufficient, if shown, to invoke the injunctive relief of this section.
"§ 17F‑12.  Grants under the supervision of Commission and the State; donations and appropriations.
(a)	The Commission may accept for any of its purposes and functions under this Chapter any and all donations, both real and personal, and grants of money from any governmental unit or public agency, or from any institution, person, firm, or corporation, and may receive, utilize, and dispose of the same. Any arrangements pursuant to this section shall be detailed in an annual report of the Commission. Such report shall include the identity of the donor, the nature of the transaction, and the conditions, if any. Any money received by the Commission pursuant to this section shall be deposited in the State Treasury to the account of the Commission.
(b)	The Commission, by rules and regulations, shall provide for administration of the grant program authorized by this section. In promulgating such rules, the Commission shall promote the most efficient and economical program of criminal justice training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication.
(c)	The Commission may provide grants as a reimbursement for actual expenses incurred by the State or political subdivision thereof for the provisions of training programs of officers from other jurisdictions within the State.
"§ 17F‑13.  Pardons.
When a person presents competent evidence that he has been granted an unconditional pardon for a crime in this State, any other state, or the United States, the Commission may not deny, suspend, or revoke that person's certification based solely on the commission of that crime or for an alleged lack of good moral character due to the commission of that crime."
SECTION 2.  G.S. 17C‑2 reads as rewritten:
"§ 17C‑2.  Definitions.
Unless the context clearly otherwise requires, the following definitions apply in this Chapter:
(1)	Commission. – The North Carolina Criminal Justice Education and Training Standards Commission.
(2)	Criminal justice agencies. – The State and local law‑enforcement agencies, correctional agencies maintained by local governments, and the juvenile justice agencies, but shall not include deputy sheriffs, special deputy sheriffs, sheriffs' jailers, or other sheriffs' department personnel governed by the provisions of Chapter 17E of these General Statutes or correctional officers and probation officers governed by Chapter 17F of the General Statutes.(3)	Criminal justice officers. – The administrative and subordinate personnel of all the departments, agencies, units or entities comprising the criminal justice agencies who are sworn law‑enforcement officers, both State and local, with the power of arrest; officers, supervisory and administrative personnel of local confinement facilities; State juvenile justice officers; chief court counselors; and juvenile court counselors.
(4)	Entry level. – The initial appointment or employment of any person by a criminal justice agency, or any appointment or employment of a person previously employed by a criminal justice agency who has not been employed by a criminal justice agency for the 12‑month period preceding this appointment or employment, or any appointment or employment of a previously certified criminal justice officer to a position which requires a different type of certification."
SECTION 3.  G.S. 17C‑3(a) reads as rewritten:
"§ 17C‑3.  North Carolina Criminal Justice Education and Training Standards Commission established; members; terms; vacancies.
(a)	There is established the North Carolina Criminal Justice Education and Training Standards Commission, hereinafter called "the Commission." The Commission shall be composed of  28 members as follows:
(1)	Police Chiefs. – Three police chiefs selected by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor.
(2)	Police Officers. – Three police officials appointed by the North Carolina Police Executives Association and two criminal justice officers certified by the Commission as selected by the North Carolina Law‑Enforcement Officers' Association.
(3)	Departments. – The Attorney General of the State of North Carolina; the Secretary of Crime Control and Public Safety;  the President of the North Carolina Community Colleges System; the Secretary of Juvenile Justice and Delinquency Prevention.
(3a)	Repealed by Session Laws 2001‑440, s. 1.2, effective June 30, 2001.
(4)	At‑large Groups. – One individual representing and appointed by each of the following organizations: one mayor selected by the League of Municipalities; one law‑enforcement training officer selected by the North Carolina Law‑Enforcement Training Officers' Association; one criminal justice professional selected by the North Carolina Criminal Justice Association; one sworn law‑enforcement officer selected by the North State Law‑Enforcement Officers' Association; one member selected by the North Carolina Law‑Enforcement Women's Association; and one District Attorney selected by the North Carolina Association of District Attorneys.
(5)	Citizens and Others. – The President of The University of North Carolina; the Dean of the School of Government at the University of North Carolina at Chapel Hill; and two citizens, one of whom shall be selected by the Governor and one of whom shall be selected by the Attorney General. The General Assembly shall appoint four persons, two upon the recommendation of the Speaker of the House of Representatives and two upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120‑122. Appointments by the General Assembly shall be for two‑year terms to conclude on June 30th in odd‑numbered years.
	"SECTION 4.  This act becomes effective September 1, 2009.