GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

S	1 

SENATE BILL 976

Short Title:  Law Officers' Qualifications.	(Public)
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Sponsors: Senator Speed.
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Referred to:  Veterans Affairs, Law Enforcement & Senior Citizens.
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April 19, 1989

A BILL TO BE ENTITLED
AN ACT REGARDING MINIMUM STANDARDS OF LAW ENFORCEMENT OFFICERS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 17C-10 reads as rewritten:
	"(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 September 1, 1983, and is an officer, supervisor or administrator of a local confinement facility; 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.
Notwithstanding the provisions of this section, the following persons are exempt from the experience, training and education standards set by the Commission:
(1)	A person who has been employed in security and has been appointed a special policeman by the Governor or Attorney General;
(2)	A person who has served as a sheriff for eight years or more;
(3)	A person who has served as a chief deputy sheriff for eight years or more;
(4)	A person who has served as a police officer in the rank of lieutenant or above for eight years or more;
(5)	A person who has served as a Highway Patrol officer in the rank of sergeant or above for eight years or more;
(6)	A person who has served as a State Bureau of Investigation officer for eight years or more;
(7)	A person who has served as a Federal Bureau of Investigation officer for eight years or more; and
(8)	Any other officer in State or federal agencies with powers of arrest equal to the powers of any of the above, who has served for eight years or more.
	(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. If, however, a criminal justice officer has enrolled in a Commission approved preparatory program of training that concludes later than the end of the officer's probationary period, the Commission may extend, for good cause shown, the probationary period for a period not to exceed six months.
(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. When a person presents competent evidence that he has been granted an unconditional pardon, to include but not be limited to a pardon of forgiveness, for a crime in this State, any other state, or the United States, the Commission shall not deny, suspend, or revoke that person's certification based solely on the commission of that crime or an alleged lack of good moral character due to the commission of that crime.
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 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.  
(e)	A criminal justice officer previously certified as provided by this section who has had a minimum of two years' experience as a full-time sworn law enforcement officer in North Carolina and who separated in good standing from a criminal justice agency and has remained out of service for more than one year shall be granted certification upon successful completion of a commission-accredited refresher training course.  No more than half of the hours required in a commission-accredited basic training course shall be required in the refresher training course for recertification."
Sec. 2. G.S. 17C-6(a) is amended by adding a new subdivision to read:
"(14)	Establish minimum education and training standards for recertification of a criminal justice officer as provided in G.S. 17C-10(e).  A refresher course for recertification shall be developed by the Commission and shall require no more than half of the hours required in a commission-accredited basic training course."
Sec. 3.  This act is effective upon ratification.