Bill Summary – FastDemocracy

H.B. 611
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                              Apr 13, 2023
                                      SESSION 2023                                      HOUSE PRINCIPAL CLERK
     H                                                                                                 D
                                    HOUSE BILL DRH40320-ND-124
     Short Title:   Modify Training/Standards Commissions Power.                                 (Public)
     Sponsors:      Representative Carson Smith.
     Referred to:
                                     A BILL TO BE ENTITLED
 AN ACT TO MODIFY VARIOUS POWERS OF THE CRIMINAL JUSTICE AND SHERIFFS'
     EDUCATION AND TRAINING STANDARDS COMMISSIONS.
 The General Assembly of North Carolina enacts:
            SECTION 1. G.S. 17C-6(a) reads as rewritten:
     "(a) In addition to powers conferred upon the Commission elsewhere in this Article, the
 Commission shall have the following powers, which shall be enforceable through its rules and
 regulations, certification procedures, or the provisions of G.S. 17C-10:
            …
            (6)      Establish minimum standards and levels of education and experience for all
                     criminal justice instructors instructors, including instructors with probationary
                     or limited teaching privileges, qualified assistants, in-service training
                     coordinators, executive officers, and school directors directors, who
                     participate in programs or courses of instruction that are required by this
                     Article.
            (7)      Certify and recertify, suspend, revoke, or deny, pursuant to the standards that
                     it has established for the purpose, criminal justice instructors instructors,
                     including instructors with probationary or limited teaching privileges,
                     qualified assistants, in-service training coordinators, executive officers, and
                     school directors directors, who participate in programs or courses of
                     instruction that are required by this Article or are required and approved by
                     their respective criminal justice agency to include those certified under
                     Chapter 17E or an educational institution accredited by the Commission.
            (8)      Investigate and make such evaluations as may be necessary to determine if
                     criminal justice agencies, schools, and individuals instructors, including
                     instructors with probationary or limited teaching privileges, qualified
                     assistants, in-service training coordinators, executive officers, and school
                     directors, are complying with the provisions of this Article.
            …."
            SECTION 2. G.S. 17E-4(a) reads as rewritten:
     "(a) The Commission shall have the following powers, duties, and responsibilities, which
 are enforceable through its rules and regulations, certification procedures, or the provisions of
 G.S. 17E-8 and G.S. 17E-9:
            (1)      Promulgate rules and regulations for the administration of this Chapter, which
                     rules may require (i) the submission by any agency of information with respect
                     to the employment, education, and training of its justice officers, and (ii) the
                                   *DRH40320-ND-124*
     General Assembly Of North Carolina                                                    Session 2023
                    submission by any training school of information with respect to its programs
                    that are required by this Chapter;Chapter.
            …
            (3)     Certify, recertify, suspend, revoke, or deny, pursuant to the standards that it
                    may establish for the purpose, persons as qualified under the provisions of this
                    Chapter who may be employed at entry level as officers;officers.
            (4)     Establish minimum standards for the certification of training schools and
                    programs or courses of instruction that are required by this Chapter;Chapter.
            (5)     Certify, recertify, suspend, revoke, or deny, pursuant to the standards that it
                    has established for the purpose, training schools and programs or courses of
                    instruction that are required by this Chapter;Chapter.
            (6)     Establish standards and levels of education or equivalent experience for
                    teachers criminal justice school instructors, including instructors with
                    probationary or limited teaching privileges, qualified assistants, in-service
                    training coordinators, executive officers, and school directors, who participate
                    in programs or courses of instruction that are required by this
                    Chapter;Chapter.
            (7)     Certify, recertify, suspend, revoke, or deny, pursuant to the standards that it
                    has established for the purpose, teachers criminal justice school instructors,
                    including instructors with probationary or limited teaching privileges,
                    qualified assistants, in-service training coordinators, executive officers, and
                    school directors, who participate in programs or courses of instruction that are
                    required by this Chapter;Chapter or are required and approved by the
                    instructor's agency, including programs or courses of instruction certified
                    under Chapter 17C of the General Statutes or offered by an educational
                    institution accredited by the Commission.
            (8)     Investigate and make such evaluations as may be necessary to determine if
                    agencies agencies, criminal justice school instructors, including instructors
                    with probationary or limited teaching privileges, qualified assistants,
                    in-service training coordinators, executive officers, and school directors, are
                    complying with the provision[s] of this Chapter;Chapter.
            (9)     Adopt and amend bylaws, consistent with law, for its internal management
                    and control;control.
            (10)    Enter into contracts incident to the administration of its authority pursuant to
                    this Chapter;Chapter.
              …
 The Commission may certify, and no additional certification shall be required from it, programs,
 courses and teachers certified by the North Carolina Criminal Justice Education and Training
 Standards Commission. Where the Commission determines that a program, course, instructor or
 teacher is required for an area which is unique to the office of sheriff, the Commission may certify
 such program, course, instructor, or teacher under such standards and procedures as it may
 establish."
              SECTION 3. G.S. 17E-5 is amended by adding a new subsection to read:
     "(c) Any papers, documents, or other records which become the property of the
 Commission that are placed in the criminal justice officer's personnel file maintained by the
 Commission shall be subject to the same disclosure requirements set forth in Chapters 126, 153A,
 and 160A of the General Statutes regarding the privacy of personnel records."
              SECTION 4. This act is effective when it becomes law.
     Page 2                                                                        DRH40320-ND-124
Statutes affected: 
Filed: 17C-6, 17E-4, 17E-5
Edition 1: 17C-6, 17E-4, 17E-5
Edition 2: 17C-6, 17E-4, 17E-5, 17C-13, 17E-12
Ratified: 17C-6, 17E-4, 17E-5, 17C-13, 17E-12
SL 2023-56: 17C-6, 17E-4, 17E-5, 17C-13, 17E-12