14B NCAC 12H .0201. HIRING STANDARDS

Private correctional service providers are required to meet the same relevant and essential minimum pre-employment standards for their correctional officers and security supervisors as have been established for officers and supervisors for the Department of Correction.

(1)           Future applicants for employment as private correctional officers or security supervisors:

(a)           Must be a high school graduate or have GED certificate;

(b)           Must be at least 20 years of age;

(c)           Must be a U.S. Citizen;

(d)           Must pass a physical examination to determine fitness for duty;

(e)           Must pass a urinalysis performed by qualified physician using a lab that protects the chain of custody;

(f)            Must pass a local, state and national criminal background check through the National Crime Information Center (NCIC) and cleared through the FBI fingerprinting clearance process;

(g)           Must have a completed background investigation that consists of verification of age, education, and employment;

(h)           Must be personally interviewed by the Department Head or designee;

(i)            Must have no felony conviction for 10 years;

(j)            Must have no conviction of a misdemeanor as defined in 12 NCAC 09G .0102(10) for three years;

(k)           Must have an evaluation and suitability for employment certified and documented by a state licensed psychologist; and

(l)            Must be truthful in providing all required information as prescribed by the application process.

(2)           With respect to private correctional officers or security supervisors already employed as of the effective date of these Rules, the Department of Correction shall verify that correctional officers and security supervisors working for private correctional service providers have met the essential hiring standards.  To accomplish this the department will:

(a)           Require the private correctional service providers to submit a "Verification of Employment Standards" checklist for each correctional officer and security supervisor to the department. In addition to the applicant's name, social security number, position title and effective date of employment, the checklist will, at a minimum, verify that all essential employment standards as described in Item (1) of this Rule have been completed.  The verification of employment form will contain an authorizing signature line and a space to record the date.

(b)           Upon receipt of the Verification of Employment Standards checklist by the Department of Correction, departmental staff will review the checklist and respond in a memorandum to the private correctional service provider as to whether the individual applicant meets or does not meet the minimum essential employment standards.

(c)           To verify if a correctional officer or security supervisor who pleads no contest to, pleads guilty to or is found guilty of a felony or misdemeanor criminal offense is eligible for employment or continued employment, the private correctional service provider will submit a "Notification Form for Criminal Convictions" to the Department of Correction for review. This form will include at a minimum the employee's name, social security number, and position title.  The form will also include the date of arrest, nature of the offense (including the general statute number), court of jurisdiction, the specific plea, date of disposition and a description of the disposition.  The form will be signed and dated by an authorized private correctional service provider representative and forwarded to the Department of Correction for review.  The form will contain space for Department of Correction personnel to verify if the employee meets or continues to meet the essential employment standards.

(d)           Upon receipt of the Notification Form or Criminal Convictions by the Department of Correction, departmental staff will review the form and note if in the Department's opinion the employee meets or continues to meet the minimum essential employment standards. The form will then be signed and dated by an authorized NCDOC representative and returned to the private correctional service provider.

(e)           Should a correctional officer or security supervisor previously designated as meeting the minimum essential employment standards be separated from employment the private correctional service provider will submit a "Report of Separation" form to the Department of Correction Personnel Office.  This form will contain at a minimum the separated employee's name, social security number, position title and date of separation.  The form will be signed and dated by an authorized representative of the private correctional service provider.

 

History Note:        Authority S.L. 2001-378;

Temporary Adoption Eff. March 6, 2002;

Transferred from 05 NCAC 06 .0201 Eff. June 1, 2013.