NORTH CAROLINA GENERAL ASSEMBLY

1973 SESSION

CHAPTER 749

SENATE BILL 667

AN ACT TO ESTABLISH THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING SYSTEM.

Whereas, the General Assembly of North Carolina has previously declared, in G.S. 17A-1, that the administration of criminal justice is of statewide concern, and its 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; and

Whereas, it is in the public interest that such education and training be made available to persons who seek to become criminal justice officers, persons who are serving as such officers in a temporary or probationary capacity, persons already in regular service, and persons who are to train others; Now, therefore,

The General Assembly of North Carolina enacts:

Section 1.  There is hereby created a new Chapter of the General Statutes, immediately following Chapter 17A, to be designated Chapter 17B and to read as follows:

"CHAPTER 17B

"North Carolina Criminal Justice Education and Training System.

"§ 17B-1.  Definitions. — As used in this Article, unless the context otherwise requires:

'The Council' means the North Carolina Criminal Justice Education and Training Council.

'Center' means the North Carolina Criminal Justice Education and Training Center.

'Criminal Justice Agencies' means the State and local law enforcement agencies, the State and local police traffic service agencies, the State correctional agencies, the jails and other correctional agencies maintained by local governments, and the courts of the State.

'Department' means the Department of Justice.

"§ 17B-2.  System established. — The North Carolina Department of Justice shall establish a North Carolina Criminal Justice Education and Training System. The System shall consist of a cooperative arrangement between criminal justice agencies, both State and local, 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. The System shall include the educational and training programs offered by the Criminal Justice Education and Training Center as well as those conducted by any other public agencies or institutions within the State which 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.

"§ 17B-3.  Center established. — The North Carolina Department of Justice shall establish a North Carolina Criminal Justice Education and Training Center. The Center shall provide a comprehensive educational and training program for agents of the State Bureau of Investigation, for other employees of the Department of Justice and for the employees of any State Criminal Justice Agency which desires to affiliate with the Center for purposes of education and training.

The Department of Justice, through the Center, also may provide educational and training programs for local criminal justice personnel upon request and is encouraged to develop programs which will enhance the skills of local criminal justice officials. In addition the Department of Justice is authorized to provide comprehensive programs designed to qualify persons as instructors of criminal justice education and training at the local level.

"§ 17B-4.  North Carolina Criminal Justice Education and Training System Council; organization. — (a) Membership. The North Carolina Criminal Justice Education and Training System Council shall be composed of 38 members as follows:

(1)        Four representatives of sheriffs' departments, one of whom shall be selected by the North State Law Enforcement Officers' Association and three selected by the North Carolina Sheriffs' Association.

(2)        Four representatives of police departments, one of whom shall be selected by the North State Law Enforcement Officers' Association and three selected by the North Carolina Association of Police Executives.

(3)        Two county commissioners selected by the North Carolina Association of County Commissioners.

(4)        Two mayors selected by the North Carolina League of Municipalities.

(5)        One criminal justice educator selected by the North Carolina Association of Criminal Justice Education.

(6)        One law enforcement training officer selected by the North Carolina Law Enforcement Training Officers' Association.

(7)        Five civilian members at large to be selected by the Governor from the general private sector.

(8)        One superior court judge, one district court judge and one solicitor of the General Court of Justice, each of these individuals to be selected by the members of their respective groups in general meeting assembled.

(9)        The Attorney General, the Director of the Administrative Office of the Courts, the Commissioner of Correction, the Director of Jail and Detention Services, the Director of Probation, the Chairman of the Board of Paroles, the Commissioner of Youth Development, the Director of the State Bureau of Investigation, the Commissioner of Motor Vehicles, the Commander of the State Highway Patrol, the Executive Director of the Wildlife Resources Commission, the Commissioner of Commercial and Sports Fisheries, the Chairman of the State Board of Alcoholic Control, the Coordinator of the Governor's Highway Safety Program, the President of Community Colleges of the Department of Education, and the Director of the Institute of Government, all of whom shall serve ex officio.

(b)        Terms. Each of these members, other than those designated as ex officio, shall be appointed for one-year terms with the initial appointments being made prior to September 1, 1973, and each appointee serving upon said Council until September 1, 1974, or until such date as their respective successors are appointed and qualified.

(c)        Vacancies. Vacancies on the Council occurring for any reason shall be filled, for the unexpired term, by the appropriate designated authority making the appointment of the person causing the vacancy.

(d)        Votes. Each and every member of the Council, including those designated as ex officio members, shall be voting members.

(e)        Chairman. The Chairman of the Council shall be elected from within the Council membership by a majority of the members voting thereon. The Council may elect such other officers from its membership as it deems necessary.

(f)         Ex Officio Proxy. Any of the ex officio members may, in writing, designate another individual on his staff to represent and vote for him on the Council.

(g)        Compensation. No member of the Council shall receive any compensation for serving on the Council. Members of the Council who are State officers or employees shall be reimbursed for their expenses in accordance with G.S. 138-6.

All other members of the Council shall be reimbursed for their necessary expenses in accordance with G.S. 138-5(b).

"§ 17B-5.  North Carolina Criminal Justice Education and Training System Council. — The North Carolina Criminal Justice Education and Training System Council shall have the following duties:

(1)        It shall formulate basic plans for and promote the development of a comprehensive system of education and training for the officers and employees of criminal justice agencies consistent with the regulations and standards of the North Carolina Criminal Justice Training and Standards Council and shall provide advice, counsel, and leadership in bringing together the various components of the System and in implementing and operating the System.

(2)        It may adopt and amend bylaws, consistent with law, for its internal management and control.

(3)        It may establish an executive committee and such other committees of the Council and such advisory bodies as it deems appropriate and may determine their respective powers and duties.

(4)        The Council may accept for any of its purposes and functions under this Article 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. Any arrangements pursuant to this section shall be detailed in the annual report of the Council. Such reports shall include the identity of the donor, the nature of the transaction, and the conditions, if any. Any moneys received by the Council pursuant to this section shall be deposited in the State Treasury to the account of the System. All moneys involved shall be subject to audit by the State Auditor.

"§ 17B-6.  Department's functions. — The Department of Justice shall have the following powers and duties with respect to the Criminal Justice Education and Training System:

(1)        It may, after consultation with representatives of local criminal justice agencies, plan, organize, staff and conduct instructional and training programs to be offered through the System to local criminal justice agencies upon their request.

(2)        It shall provide any personnel deemed necessary for the development, implementation and maintenance of the System as a whole, provided appropriations are made for such positions by the General Assembly or funds are otherwise available.

(3)        It shall maintain liaison among local. State and federal agencies with respect to criminal justice education and training.

(4)        It shall have legal custody of all books, papers, documents, other records and property relating to the System as a whole.

(5)        It shall employ the staff of the Center and direct the operation of it in cooperation with other affiliated agencies.

(6)        It shall make an annual report to the North Carolina Criminal Justice Education and Training System Council.

(7)        It may enter into contracts and do such things as may be necessary and incidental to the administration of its authority pursuant to this Article."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 23rd day of May, 1973.