NORTH CAROLINA GENERAL ASSEMBLY
1979 SESSION
CHAPTER 763
SENATE BILL 649
AN ACT TO REVISE CHAPTER 17A OF THE GENERAL STATUTES TO CREATE THE NORTH CAROLINA CRIMINAL JUSTICE EDUCATION AND TRAINING STANDARDS COMMISSION AND TO REVISE CHAPTER 17B TO ESTABLISH BY STATUTE THE NORTH CAROLINA JUSTICE ACADEMY.
The General Assembly of North Carolina enacts:
Section 1. Chapter 17A of the General Statutes is hereby rewritten to read as follows:
"North Carolina Criminal Justice Education and Training Standards Commission.
"§ 17A-1. Findings and policy. — The General Assembly finds 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 criminal justice officers, persons who are serving as such officers in a temporary or probationary capacity, and persons already in regular service.
"§ 17A-2. Definitions. — Unless the context clearly otherwise requires, the following definitions apply in this Chapter:
(a) 'Commission' means the North Carolina Criminal Justice Education and Training Standards Commission;
(b) 'Criminal justice agencies' means the State and local law enforcement agencies, the State correctional agencies, the jails and other correctional agencies maintained by local governments, and the juvenile justice agencies;
(c) 'Criminal justice officer(s)' means and incorporates the administrative and subordinate personnel of all of the departments, agencies, units or entities comprising the 'criminal justice agencies,' as defined in subsection (a), who are sworn law enforcement officers, both State and local, with the power of arrest; State correctional officers; State probation and parole officers; or youth correctional officers. However, those individuals who are elected or appointed to criminal justice offices created under the Constitution of North Carolina are expressly exempted from the application of any minimum qualification standards or position certification requirements developed under the provision of this Chapter. This exemption shall not apply to relevant subordinate personnel of these constituted officials.
(d) 'Entry level' means 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.
"§ 17A-3. North Carolina Criminal Justice Education and Training Standards Commission established; members; terms; vacancies. — (a) There is hereby established the North Carolina Criminal Justice Education and Training Standards Commission, hereinafter called 'the Commission,' in the Department of Justice. The Commission shall be composed of 26 members as follows:
(1) Sheriffs. Three sheriffs or other individuals serving in sheriffs' departments selected by the North Carolina Sheriffs' Association and one deputy sheriff selected by the North Carolina Law Enforcement Officer's Association.
(2) Police Officers. One police official selected by the North Carolina Association of Police Executives, one police chief selected by the North Carolina Association of Chiefs of Police, one police chief appointed by the Governor, and one police officer selected by the North Carolina Law Enforcement Officers' Association.
(3) Departments. The Attorney General of the State of North Carolina; the Secretary of the Department of Crime Control and Public Safety; the Secretary of the Department of Human Resources; and the Secretary of the Department of Correction.
(4) At-large groups. One individual representing and appointed by each of the following organizations: one mayor selected by the League of Municipalities; one county commissioner selected by the North Carolina Association of County Commissioners; one law enforcement training officer selected by the North Carolina Law Enforcement Training Officers' Association; one criminal justice educator selected by the North Carolina Association of Criminal Justice Educators; one sworn law enforcement officer selected by the North State Law Enforcement Officers' Association; and one district attorney selected by the North Carolina Association of District Attorneys.
(5) Citizens and others. One trial court judge selected by the Chief Justice of the North Carolina Supreme Court; one senator selected by the Lieutenant Governor; one member of the House of Representatives selected by the Speaker of the House; the President of The University of North Carolina; the Director of the Institute of Government; the Director of Law Enforcement Training of the Department of Community Colleges; and two citizens, one of whom shall be selected by the Governor and one of whom shall be selected by the Attorney General.
(b) The members shall be appointed for staggered terms. The initial appointments shall be made prior to January 1, 1980, and the appointees shall hold office until July 1 of the year in which their respective terms expire and until their successors are appointed and qualified as provided hereafter:
For the terms of one year: one member from subdivision (1) of subsection (a), serving as a deputy sheriff; one member from subdivision (2) of subsection (a), serving as a police officer; one member from subdivision (4), appointed by the North Carolina Law Enforcement Training Officers' Association; and two members from subdivision (5), one appointed by the Governor and one appointed by the Attorney General.
For the terms of two years: two members from subdivision (1) of subsection (a); one member from subdivision (2) of subsection (a), appointed by the North Carolina Association of Chiefs of Police; two members from subdivision (4), one appointed by the North Carolina League of Municipalities and one appointed by the North Carolina Association of District Attorneys; and one member from subdivision (5), appointed by the Chief Justice.
For the terms of three years: two members from subdivision (1) of subsection (a), two members from subdivision (2) of subsection (a); three members from subdivision (4), and two members from subsection division (5).
Thereafter, as the term of each member expires, his successor shall be appointed for a term of three years. Notwithstanding the appointments for a term of years, each member shall serve at the will of the appointing authority.
The Attorney General, the Secretary of the Department of Crime Control and Public Safety, the Secretary of the Department of Human Resources, the Secretary of the Department of Correction, the President of The University of North Carolina, the Director of the Institute of Government, and the Director of Law Enforcement Training of the Department of Community Colleges shall be continuing members of the Commission during their tenure. These members of the Commission shall serve ex officio and shall perform their duties on the Commission in addition to the other duties of their offices. The ex officio members may elect to serve personally at any or all meetings of the Commission or may designate, in writing, one member of their respective office, department, university or agency to represent and vote for them on the Commission at all meetings the ex officio members are unable to attend.
Vacancies in the Commission occurring for any reason shall be filled, for the unexpired term, by the authority making the original appointment of the person causing the vacancy.
"§ 17A-4. Compensation. — 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.
"§ 17A-5. Chairman; vice-chairman; other officers; meetings; reports. — (a) The Attorney General shall designate one of the members of the Commission as chairman upon its creation, and shall appoint or reappoint a chairman each July 1 thereafter. The ex officio members shall not be eligible for this appointment.
(b) The Commission shall select a vice-chairman and such other officers and committee chairmen 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-chairman, 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 chairman. Special meetings shall be held upon the call of the chairman or the vice‑chairman, 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.
"§ 17A-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. 17A-10:
(1) promulgate rules and regulations for the administration of this Chapter, which rules may require (i) the submission by any criminal justice agency of information with respect to the employment, education, and training of its criminal justice 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 as a criminal justice officer in temporary or probationary status or in a permanent position;
(3) certify, pursuant to the standards that it has established for the purpose, persons as qualified under the provisions of this Chapter to be employed at entry level as criminal justice 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, pursuant to the standards that it has established for the 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 or equivalent experience for all criminal justice teachers who participate in programs or courses of instruction that are required by this Chapter;
(7) certify, pursuant to the standards that it has established for the purpose, criminal justice teachers who participate in programs or courses of instruction that are required by this Chapter;
(8) make such evaluations as may be necessary to determine if criminal justice agencies are complying with the provision 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.
(b) The Commission shall have the following powers, which shall be advisory in nature and for which the Commission is not authorized to undertake any enforcement actions:
(1) identify types of criminal justice 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; provided, that compliance with these minimum standards shall be discretionary on the part of criminal justice agencies with respect to their criminal justice officers;
(2) certify, pursuant to the standards that it has established for the purpose, criminal justice 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) consult and cooperate with counties, municipalities, agencies of this State, other governmental agencies, and with universities, colleges, junior colleges, and other institutions concerning the development of criminal justice training schools and programs or courses of instruction;
(4) study and make reports and recommendations concerning criminal justice education and training in North Carolina;
(5) conduct and stimulate research by public and private agencies which shall be designed to improve education and training in the administration of criminal justice;
(6) study, obtain data, statistics, and information and make reports concerning the recruitment, selection, education and training of persons serving criminal justice agencies in this State; to make recommendations for improvement in methods of recruitment, selection, education and training of persons serving criminal justice agencies;
(7) make recommendations concerning any matters within its purview pursuant to this Chapter;
(8) appoint such advisory committees as it may deem necessary;
(9) do such things as may be necessary and incidental to the administration of its authority pursuant to this Chapter;
(10) 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;
(11) maintain liaison among local, State and federal agencies with respect to criminal justice education and training;
(12) promote the planning and development of a systematic career development program for criminal justice professionals.
(c) All decisions and rules and regulations heretofore made by the North Carolina Criminal Justice Training and Standards Council and the North Carolina Criminal Justice Education and Training System Council shall remain in full force and effect unless and until repealed or suspended by action of the North Carolina Criminal Justice Education and Training Standards Commission established herein. The present Councils are terminated on December 31, 1979, and their power, duties and responsibilities vest in the North Carolina Criminal Justice Education and Training Standards Commission effective January 1, 1980.
"§ 17A-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.
"§ 17A-8. System established. — The North Carolina Criminal Justice Education and Training Standards Commission shall establish a North Carolina Criminal Justice 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.
"§ 17A-9. Criminal Justice Standards Division of the Department of Justice established; appointment of director; duties. — (a) There is hereby established, within the Department of Justice, the Criminal Justice Standards Division, hereinafter called '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 who shall be responsible to and serve at the pleasure of the Attorney General.
(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 criminal justice 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.
"§ 17A-10. Required standards. — (a) Criminal justice officers shall not be required to meet any requirement of subsections (b) and (c) of this section as a condition of continued employment, nor shall failure of any such criminal justice officer to fulfill such requirements make him ineligible for any promotional examination for which he is otherwise eligible if the criminal justice officer held a permanent appointment prior to March 15, 1973, and is a sworn law enforcement officer with power of arrest; prior to January 1, 1974, and is a State adult correctional officer; prior to July 1, 1975, and is a State probation and parole officer; or prior to July 1, 1974, and is a youth correctional officer. The legislature finds, and it is hereby declared to be the policy of this Chapter, that such criminal justice officers have satisfied such requirements by their experience. It is the intent of the Chapter that all criminal justice officers employed at the entry level after the Commission has adopted the required standards shall meet the requirements of this Chapter. If any criminal justice officer exempted from the required standards by this provision fails to serve as a criminal justice officer for a 12-month period, said officer shall be required to comply with the required standards established by the Commission pursuant to the authority otherwise granted in this section.
(b) The Commission shall provide, by regulation, that no person shall be appointed as a criminal justice officer at entry level, except on a temporary or probationary basis, unless such person has satisfactorily completed an initial preparatory program of training at a school certified by the Commission. Upon separation of a criminal justice officer from a criminal justice agency within the year of temporary or probationary appointment, the 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 year of probation, the officer shall be charged with the amount of time served during his initial appointment and allowed the remainder of the one year probationary period to complete the basic training requirement. Upon the reappointment to the same agency or appointment to another agency of an officer who has separated from an agency within the year of probation and who has remained out of service for more than one year from the date of separation, the officer shall be allowed another one-year period to satisfy the basic training requirement. Any criminal justice officer appointed on a temporary or probationary basis who does not comply with the training provisions of this Chapter within one year shall not be authorized to exercise the powers of a criminal justice officer and shall not be authorized to exercise the power of arrest.
(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 and retention of criminal justice 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 criminal justice offices, 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.
(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 rule 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.
"§ 17A-11. Injunctions authorized. — The Commission is hereby authorized to bring a civil action in the county of the residence of the alleged violation against any criminal justice agency which numbers among its employed or appointed criminal justice officers any criminal justice officer who fails to meet the required standards established by the Commission pursuant to G.S. 17A-10 of this Chapter to enjoin such criminal justice agency from allowing such criminal justice officer to perform any and all criminal justice officer functions, including exercising the power of arrest, until such time as such criminal justice officer shall comply with the required standards established by the Commission pursuant to G.S. 17A-10 of this Chapter.
"§ 17A-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 may authorize the reimbursement to each political subdivision of the State not exceeding sixty percent (60%) of the salary and of the allowable tuition, living and travel expenses incurred by the officers in attendance at approved training programs, providing said political subdivisions do in fact adhere to the selection and training standards established by the Commission.
(c) 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.
(d) 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."
Sec. 2. Chapter 17B of the General Statutes is hereby rewritten to read as follows:
"North Carolina Justice Academy.
"§ 17B-1. Definitions. — As used in this Chapter, unless the context otherwise requires:
(a) 'Academy' means the North Carolina Justice Academy.
(b) 'Academy property' means property that is owned or leased in whole or in part by the State of North Carolina and which is subject to the general management and control of the Department of Justice and is located in Salemburg, North Carolina, or at any other locations within the State which are dedicated to the use of the North Carolina Justice Academy subsequent to this Chapter being enacted.
(c) 'The Commission' means the North Carolina Criminal Justice Education and Training Standards Commission.
(d) '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, the courts of the State and the juvenile justice agencies.
(e) 'Criminal justice personnel' means any person who serves or assists any State or local agency engaged in crime prevention, crime reduction, crime investigation, training or educating of persons employed by criminal justice agencies, or enforcement of the criminal law; or any person employed by a criminal justice agency.
(f) 'Department' means the Department of Justice.
"§ 17B-2. Academy established; duties. — (a) The North Carolina Department of Justice shall establish a North Carolina Justice Academy.
(b) The Department of Justice shall employ the staff of the academy and direct its operations.
(c) Duties of the academy. The North Carolina Justice Academy shall have, but is not limited to, the following functions:
(1) It may provide training programs for criminal justice personnel.
(2) It may provide technical assistance upon request to criminal justice agencies to aid them in the discharge of their responsibilities.
(3) It may develop, publish, and distribute educational and training materials.
(4) It may take such other actions as may be deemed necessary or appropriate to carry out its assigned duties and responsibilities.
"§ 17B-3. Donations. — The Department of Justice 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 an annual report of the academy. Such reports shall include the identity of the donor, the nature of the transaction, and the conditions, if any. Any money received by the Department of Justice pursuant to this section shall be deposited in the State Treasury to the account of the academy. All moneys involved shall be subject to audit by the State Auditor.
"§ 17B-4. Application of State highway and motor vehicles laws at the academy. — (a) Except as otherwise provided in this section, all of the provisions of Chapter 20 of the General Statutes relating to the use of highways of the State and the operation of vehicles thereon are applicable to all streets, alleys, driveways, and parking lots on academy property. Nothing in this section modifies any rights of ownership or control of academy property, now or hereafter vested in the State of North Carolina ex rel., Department of Justice.
(b) The Department of Justice may by ordinance prohibit, regulate, divert, control, and limit pedestrian or vehicular traffic and the parking of vehicles and other modes of conveyance on the campus. In fixing speed limits, the Department of Justice is not subject to G.S. 20-141(f) or (g), but may fix any speed limit reasonable and safe under the circumstances as conclusively determined by the Department of Justice. The Department of Justice may not regulate traffic on streets open to the public as of right, except as specifically provided in this section.
(c) The Department of Justice may by ordinance provide for the registration of vehicles maintained or operated on the campus by any student, faculty member, or employee of the academy and may fix fees for such registration. The ordinance may make it unlawful for any person to operate an unregistered vehicle on the campus when the vehicle is required by the ordinance to be registered.
(d) The Department of Justice may by ordinance set aside parking lots on the campus for use by students, faculty, and employees of the academy and members of the general public attending schools, conferences, or meetings at the academy, visiting or making use of any academy facilities, or attending to official business with the academy. The Department of Justice may issue permits to park in these lots and may charge a fee therefor. The Department of Justice may also by ordinance make it unlawful for any person to park a vehicle in any lot or other parking facility without procuring the requisite permit and displaying it on the vehicle.
(e) The Department of Justice may by ordinance provide for the issuance of stickers, decals, permits or other indicia representing the registration of vehicles or the eligibility of vehicles to park on the campus and may by ordinance prohibit the forgery, counterfeiting, unauthorized transfer, or unauthorized use of such stickers, decals, permits or other indicia.
(f) Violation of an ordinance adopted under any portion of this section is a misdemeanor punishable by a fine of not more than fifty dollars ($50.00) or imprisonment for not more than 30 days, in the discretion of the court. An ordinance may provide that certain acts prohibited thereby shall not be enforced by criminal sanctions, and in such cases a person committing any such act shall not be guilty of a misdemeanor.
(g) An ordinance adopted under this section may provide that a violation will subject the offender to a civil penalty. Penalties may be graduated according to the seriousness of the offense or the number of prior offenses committed by the person charged. The Department of Justice may establish procedure for the collection of these penalties and may enforce the penalties by civil action in the nature of debt. The Department of Justice may also provide for appropriate administrative sanctions if an offender does not pay a validly due penalty or has committed repeated offenses. Appropriate administrative sanctions include, but are not limited to, revocation of parking permits, termination of vehicle registration, and termination or suspension of enrollment in or employment by the academy.
(h) An ordinance adopted under this section may provide that any vehicle illegally parked may be removed to a storage area, in which case the person so removing the vehicle shall be deemed a legal possessor within the meaning of G.S. 44A-2(d).
(i) Evidence that a vehicle was found parked or unattended in violation of a council ordinance is prima facie evidence that the vehicle was parked by:
(1) the person holding an academy parking permit for the vehicle;
(2) if no academy parking permit has been issued for the vehicle, the person in whose name the vehicle is registered with the academy pursuant to subsection (c); or
(3) if no academy parking permit has been issued for the vehicle and the vehicle is not registered with the academy, the person in whose name it is registered with the North Carolina Department of Motor Vehicles or the corresponding agency of another state or nation.
The rule of evidence established by this subsection applies only in civil, criminal, or administrative actions or proceedings concerning violations of ordinances of the Department of Justice. G.S. 20-162.1 does not apply to such actions or proceedings.
(j) The Department of Justice shall cause to be posted appropriate notice to the public of applicable traffic and parking restrictions.
(k) All ordinances adopted under this section shall be filed in the offices of the North Carolina Attorney General and the Secretary of State. The Department of Justice shall provide for printing and distributing copies of its traffic and parking ordinances.
(l) All moneys received pursuant to this section shall be State funds as defined in G.S. 143-1."
Sec. 3. This act shall become effective January 1, 1980.
In the General Assembly read three times and ratified, this the 4th day of June, 1979.