§ 17C-10. Required standards.
§17C‑10. Required standards.
(a) Criminal justiceofficers shall not be required to meet any requirement of subsections (b) and(c) of this section as a condition of continued employment, nor shall failureof any such criminal justice officer to fulfill such requirements make himineligible for any promotional examination for which he is otherwise eligibleif the criminal justice officer held a permanent appointment prior to June 1,1986, and is an officer, supervisor or administrator of a local confinementfacility; prior to March 15, 1973, and is a sworn law enforcement officer withpower of arrest; prior to January 1, 1974, and is a State adult correctionalofficer; prior to July 1, 1975, and is a State probation/parole officer; priorto July 1, 1974, and is a State youth services officer; prior to January 15,1980, and is a State probation/parole intake officer, prior to April 1, 1983,and is a State parole case analyst; prior to December 14, 1983, and is a Stateprobation/parole officer‑surveillance; or prior to February 1, 1987, andis a State probation/parole intensive officer.
The legislature finds, and itis declared to be the policy of this Chapter, that such criminal justiceofficers have satisfied such entry level requirements by their experience. Itis the intent of the Chapter that all criminal justice officers employed at theentry level after the Commission has adopted the required standards shall meetthe requirements of this Chapter. All criminal justice officers who areexempted from the required entry level standards by this subsection shall besubject thereafter to the requirements of subsections (b) and (c) of thissection as well as the requirements of G.S. 17C‑6(a) in order to retaincertification.
If any criminal justiceofficer exempted from the required standards by this provision fails to serveas a criminal justice officer for a 12‑month period, said officer shallbe required to comply with the required entry level standards established bythe Commission pursuant to the authority otherwise granted in this section andin G.S. 17C‑6(a).
(b) The Commissionshall provide, by regulation, for a period of probationary employment andcertification for criminal justice officers. The Commission may prescribe suchtraining requirements as are required for the award of either probationary orpermanent certification of officers, in addition to the pre‑employmentrequirements authorized in G.S. 17C‑6(a). Any criminal justice officerappointed on a temporary or probationary basis who does not comply with thetraining provisions of this Chapter is not authorized to exercise the powers ofa criminal justice officer to include the power of arrest. If, however, acriminal justice officer has enrolled in a Commission‑approvedpreparatory program of training that concludes later than the end of theofficer's probationary period, and the Commission does not require suchtraining to be completed prior to the award of probationary certification, theCommission may extend, for good cause shown, the probationary period for aperiod not to exceed six months.
Upon separation of a criminaljustice officer from a criminal justice agency within the prescribed period oftemporary or probationary appointment, the officer's probationary certificationshall be terminated by the Commission. Upon the reappointment to the sameagency or appointment to another criminal justice agency of an officer who hasseparated from an agency within the probationary period, the officer shall becharged with the cumulative amount of time served during his initial orsubsequent appointments and allowed the remainder of the probationary period tocomplete the Commission's requirements. Upon reappointment to the same agencyor appointment to another agency of an officer who has separated from an agencywithin the probationary period and who has remained out of service for morethan one year after the date of separation, the officer shall be allowedanother probationary period to satisfy the Commission's requirements.
(c) In addition to therequirements of subsection (b) of this section, the Commission, by rules andregulations, shall fix other qualifications for the employment, training, andretention 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 personsto assume and discharge the responsibilities of criminal justice officers, andthe Commission shall prescribe the means for presenting evidence of fulfillmentof these requirements.
Where minimum educationalstandards are not met, yet the individual shows potential and a willingness toachieve the standards by extra study, they may be waived by the Commission forthe reasonable amount of time it will take to achieve the standards required. Such an educational waiver shall not exceed 12 months.
(d) The Commission mayissue a certificate evidencing satisfaction of the requirements of subsections(b) and (c) of this section to any applicant who presents such evidence as maybe required by its rules and regulations of satisfactory completion of aprogram or course of instruction in another jurisdiction equivalent in contentand quality to that required by the Commission for approved criminal justiceeducation and training programs in this State. (1971, c. 963, s. 1; 1979, c.763, s. 1; 1981, c. 8; c. 400; 1983, c. 745, s. 3; 1989, c. 757, s. 6.)