§ 17C-6. (See Editor's Note) Powers of Commission.
§ 17C‑6. (See Editor'sNote) Powers of Commission.
(a) In addition topowers conferred upon the Commission elsewhere in this Chapter, the Commissionshall have the following powers, which shall be enforceable through its rulesand regulations, certification procedures, or the provisions of G.S. 17C‑10:
(1) Promulgate rules andregulations for the administration of this Chapter, which rules may require (i)the submission by any criminal justice agency of information with respect tothe employment, education, retention, and training of its criminal justiceofficers, and (ii) the submission by any criminal justice training school ofinformation with respect to its criminal justice training programs that arerequired by this Chapter.
(2) Establish minimumeducational and training standards that must be met in order to qualify forentry level employment and retention as a criminal justice officer in temporaryor probationary status or in a permanent position. The standards for entrylevel employment shall include education and training in response to, andinvestigation of, domestic violence cases, as well as training in investigationfor evidence‑based prosecutions.
(3) Certify andrecertify, suspend, revoke, or deny, pursuant to the standards that it hasestablished for the purpose, persons as qualified under the provisions of thisChapter to be employed at entry level and retained as criminal justiceofficers.
(4) Establish minimumstandards for the certification of criminal justice training schools andprograms or courses of instruction that are required by this Chapter.
(5) Certify andrecertify, suspend, revoke, or deny, pursuant to the standards that it hasestablished for the purpose, criminal justice training schools and programs orcourses of instruction that are required by this Chapter.
(6) Establish minimumstandards and levels of education and experience for all criminal justiceinstructors and school directors who participate in programs or courses ofinstruction that are required by this Chapter.
(7) Certify andrecertify, suspend, revoke, or deny, pursuant to the standards that it hasestablished for the purpose, criminal justice instructors and school directorswho participate in programs or courses of instruction that are required by thisChapter.
(8) Investigate and makesuch 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 amendbylaws, consistent with law, for its internal management and control.
(10) Enter into contractsincident to the administration of its authority pursuant to this Chapter.
(11) Establish minimumstandards and levels of training for certification and periodic recertificationof operators of and instructors for training programs in radio microwave,laser, and other electronic speed‑measuring instruments.
(12) Certify andrecertify, suspend, revoke, or deny, pursuant to the standards that it hasestablished, operators and instructors for training programs for each approvedtype of radio microwave, laser, and other electronic speed‑measuringinstruments.
(13) In conjunction withthe Secretary of Crime Control and Public Safety, approve use of specificmodels and types of radio microwave, laser, and other speed‑measuringinstruments and establish the procedures for operation of each approvedinstrument and standards for calibration and testing for accuracy of eachapproved instrument.
(13a) Expired effectiveSeptember 30, 2007. See note.
(14) Establish minimumstandards for in‑service training for criminal justice officers. In‑servicetraining standards shall include training in response to, and investigation of,domestic violence cases, as well as training investigation for evidence‑basedprosecutions.
(15) Establish minimumstandards and levels of training for certification of instructors for thedomestic violence training required by subdivisions (2) and (14) of thissubsection.
(16) Establish standardsand guidelines for the annual firearms certification of qualified retired lawenforcement officers, as defined in G.S. 14‑415.10(4a), to efficientlyimplement the provisions of G.S. 14‑415.25. The standards shall providefor the courses, qualifications, and the issuance of the annual firearmsqualification certification. The Commission may adopt any rules necessary toeffect the provisions of this section, and may charge a reasonable fee toapplicants for the costs incurred in compliance with this subdivision.
(b) The Commissionshall have the following powers, which shall be advisory in nature and forwhich the Commission is not authorized to undertake any enforcement actions:
(1) Identify types ofcriminal justice positions, other than entry level positions, for whichadvanced or specialized training and education are appropriate, and establishminimum standards for the certification of persons as being qualified for thosepositions on the basis of specified education, training, and experience;provided, that compliance with these minimum standards shall be discretionary onthe part of criminal justice agencies with respect to their criminal justiceofficers;
(2) Certify, pursuant tothe standards that it has established for the purpose, criminal justiceofficers for those criminal justice agencies that elect to comply with theminimum education, training, and experience standards established by theCommission for positions for which advanced or specialized training, education,and experience are appropriate;
(3) Consult andcooperate with counties, municipalities, agencies of this State, othergovernmental agencies, and with universities, colleges, junior colleges, andother institutions concerning the development of criminal justice trainingschools and programs or courses of instruction;
(4) Study and makereports and recommendations concerning criminal justice education and trainingin North Carolina;
(5) Conduct andstimulate research by public and private agencies which shall be designed toimprove education and training in the administration of criminal justice;
(6) Study, obtain data,statistics, and information and make reports concerning the recruitment,selection, education, retention, and training of persons serving criminaljustice agencies in this State; to make recommendations for improvement inmethods of recruitment, selection, education, retention, and training ofpersons serving criminal justice agencies;
(7) Make recommendationsconcerning any matters within its purview pursuant to this Chapter;
(8) Appoint suchadvisory committees as it may deem necessary;
(9) Do such things asmay be necessary and incidental to the administration of its authority pursuantto this Chapter;
(10) Formulate basic plansfor and promote the development and improvement of a comprehensive system ofeducation and training for the officers and employees of criminal justiceagencies consistent with its rules and regulations;
(11) Maintain liaisonamong local, State and federal agencies with respect to criminal justiceeducation and training;
(12) Promote the planningand development of a systematic career development program for criminal justiceprofessionals.
(c) All decisions andrules and regulations heretofore made by the North Carolina Criminal JusticeTraining and Standards Council and the North Carolina Criminal JusticeEducation and Training System Council shall remain in full force and effectunless and until repealed or suspended by action of the North Carolina CriminalJustice Education and Training Standards Commission established herein. Thepresent Councils are terminated on December 31, 1979, and their power, dutiesand responsibilities vest in the North Carolina Criminal Justice Education andTraining Standards Commission effective January 1, 1980.
(d) The standardsestablished by the Commission pursuant to G.S. 17C‑6(a)(11) and 17C‑6(a)(12)and by the Commission and the Secretary of Crime Control and Public Safetypursuant to G.S. 17C‑6(a)(13) shall not be less stringent than standardsestablished by the U.S. Department of Transportation, National Highway TrafficSafety Administration, National Bureau of Standards, or the FederalCommunications Commission. (1971, c. 963, s. 6; 1975, c. 372, s. 2; 1979, c.763, s. 1; 1979, 2nd Sess., c. 1184, ss. 1, 2; 1989, c. 757, s. 4; 1994, Ex.Sess., c. 18, s. 2; 1995, c. 509, s. 14.1; 2000‑140, s. 38.1(b); 2002‑159,s. 29; 2003‑280, s. 3; 2004‑186, ss. 2.1, 2.3, 2.5; 2005‑27,ss. 1, 2; 2007‑427, s. 2; 2009‑546, s. 2.)