North Carolina § 17C-3 - North Carolina Criminal Justice Education and Training Standards Commission established; members; terms; vacancies.

§ 17C-3. North Carolina Criminal Justice Education and Training Standards Commission established; members; terms; vacancies.

There is established the North Carolina Criminal Justice Education and Training Standards Commission, hereinafter called "the Commission." The Commission shall be composed of 34 members as follows: Police Chiefs. - Three police chiefs selected by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor. Police Officers. - Three police officials appointed by the North Carolina Police Executives Association and two criminal justice officers certified by the Commission as selected by the North Carolina Law-Enforcement Officers' Association. Departments. - The Attorney General of the State of North Carolina; the Secretary of Public Safety; the Director of the State Bureau of Investigation, the Commander of the State Highway Patrol, and the President of the North Carolina Community Colleges System. Repealed by Session Laws 2001-490, s. 1.2, effective June 30, 2001. At-large Groups. - One individual representing and appointed by each of the following organizations: one mayor selected by the League of Municipalities; one law-enforcement training officer selected by the North Carolina Law-Enforcement Training Officers' Association; one criminal justice professional selected by the North Carolina Criminal Justice Association; one sworn law-enforcement officer selected by the North State Law-Enforcement Officers' Association; one member selected by the North Carolina Law-Enforcement Women's Association; and one District Attorney selected by the North Carolina Association of District Attorneys. Citizens and Others. - The President of The University of North Carolina; the Dean of the School of Government at the University of North Carolina at Chapel Hill; and two citizens, one of whom shall be selected by the Governor and one of whom shall be selected by the Attorney General. The General Assembly shall appoint four persons, two upon the recommendation of the Speaker of the House of Representatives and two upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120-122. Appointments by the General Assembly shall be for two-year terms to conclude on June 30th in odd-numbered years. Adult Correction and Juvenile Justice. - Four correctional officers in management positions employed by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety shall be appointed, two from the Section of Community Corrections upon the recommendation of the Speaker of the House of Representatives and two from the Section of Prisons upon the recommendation of the President Pro Tempore of the Senate. Appointments by the General Assembly shall be made in accordance with G.S. 120-122. Appointments by the General Assembly shall serve two-year terms to conclude on June 30th in odd-numbered years or until the appointee no longer serves in a management position with the Division of Adult Correction and Juvenile Justice, whichever occurs first. The Governor shall appoint one correctional officer employed by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety and assigned to the Office of Staff Development and Training, and one juvenile justice officer employed by the Juvenile Justice Section of the Division of Adult Correction and Juvenile Justice. The Governor's appointments shall serve three-year terms or until the appointee is no longer assigned to the Office of Staff Development and Training or is no longer a juvenile justice officer, whichever occurs first. The members shall be appointed for staggered terms. The initial appointments shall be made prior to September 1, 1983, and the appointees shall hold office until July 1 of the year in which their respective terms expire and until their successors are appointed and qualified as provided hereafter: For the terms of one year: one member from subdivision (1) of subsection (a) of this section, serving as a police chief; three members from subdivision (2) of subsection (a) of this section, one serving as a police official, and two criminal justice officers; one member from subdivision (4) of subsection (a) of this section, appointed by the North Carolina Law-Enforcement Training Officers' Association; and two members from subdivision (5) of subsection (a) of this section, one appointed by the Governor and one appointed by the Attorney General. For the terms of two years: one member from subdivision (1) of subsection (a) of this section, serving as a police chief; one member from subdivision (2) of subsection (a) of this section, serving as a police official; and two members from subdivision (4) of subsection (a) of this section, one appointed by the League of Municipalities and one appointed by the North Carolina Association of District Attorneys. For the terms of three years: two members from subdivision (1) of subsection (a) of this section, one police chief appointed by the North Carolina Association of Chiefs of Police and one police chief appointed by the Governor; one member from subdivision (2) of subsection (a) of this section, serving as a police official; and three members from subdivision (4) of subsection (a) of this section, one appointed by the North Carolina Law-Enforcement Women's Association, one appointed by the North Carolina Criminal Justice Association, and one appointed by the North State Law-Enforcement Officers' Association. Thereafter, as the term of each member expires, his successor shall be appointed for a term of three years. Notwithstanding the appointments for a term of years, each member shall serve at the will of the appointing authority. The Attorney General, the President of The University of North Carolina, the Dean of the School of Government at the University of North Carolina at Chapel Hill, the President of the North Carolina Community Colleges System, the Director of the State Bureau of Investigation, the Commander of the State Highway Patrol, and the Secretary of Public Safety shall be continuing members of the Commission during their tenure. These members of the Commission shall serve ex officio and shall perform their duties on the Commission in addition to the other duties of their offices. The ex officio members may elect to serve personally at any or all meetings of the Commission or may designate, in writing, one member of their respective office, department, university or agency to represent and vote for them on the Commission at all meetings the ex officio members are unable to attend. Vacancies in the Commission occurring for any reason shall be filled, for the unexpired term, by the authority making the original appointment of the person causing the vacancy. A vacancy may be created by removal of a Commission member by majority vote of the Commission for misconduct, incompetence, or neglect of duty. A Commission member may be removed only pursuant to a hearing, after notice, at which the member subject to removal has an opportunity to be heard. History (1971, c. 963, s. 3; 1977, c. 70, ss. 29, 30; 1979, c. 763, s. 1; 1981 (Reg. Sess., 1982), c. 1191, s. 31; 1983, c. 558, s. 3; c. 618, ss. 1, 2; c. 807, ss. 1, 2; 1987, c. 282, s. 4; 1989, c. 757, s. 2; 1995, c. 490, s. 15; 1997-443, s. 11A.118(a); 1998-202, s. 4(c); 2000-137, s. 4(d); 2000-140, s. 38.1(a); 2001-487, s. 5; 2001-490, s. 1.2; 2006-264, s. 29(c), (d); 2011-145, s. 19.1(g)-(k), (m); 2012-83, s. 29; 2015-49, s. 2; 2017-186, s. 2(iiii).) Editor's Note. - In subdivision (a)(3) and subsection (b), Session Laws 2011-145, s. 19.1, substituted "Secretary of Public Safety" for "Secretary of Crime Control and Public Safety," "Secretary of Correction," and "Secretary of Juvenile Justice and Delinquency Prevention" resulting in three instances of the phrase "Secretary of Public Safety." Two of the instances were eliminated at the direction of the Revisor of Statutes. Session Laws 2001-490, s. 1.5, effective June 30, 2001, repealed Session Laws 2000-67, s. 17.3, which would have amended this section effective June 30, 2001, unless the Criminal Justice Education and Training Standards Commission established and implemented by the convening of the 2001 General Assembly a new certification system for employees in the Department of Correction, as originally requested of the Commission in Session Laws 1999-237, s. 18.14, for implementation no later than July 1, 2000. Effect of Amendments. - Session Laws 2006-264, ss. 29(c) and (d), effective August 27, 2006, substituted "Dean of the School of Government at the University of North Carolina at Chapel Hill" for "Director of the Institute of Government" in subdivision (a)(5) and in the second to last paragraph of subsection (b). Session Laws 2011-145, s. 19.1(g)-(k) and (m), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" in subdivision (a)(3) and subsection (b); substituted "Secretary of Public Safety" for "Secretary of Correction" or "Secretary of the Department of Correction" in subdivision (a)(6); substituted "Section of Prisons of the Division of Adult Correction" for "Division of Prisons" in subdivision (a)(6); substituted "Section of Community Corrections of the Division of Adult Correction" for "Division of Community Corrections" in subdivision (a)(6); and substituted "Secretary of Public Safety" for "Secretary of Juvenile Justice and Delinquency Prevention" in subdivision (a)(3) and in the fifth paragraph of subsection (b). Session Laws 2012-83, s. 29, effective June 26, 2012, substituted "31 members" for "33 members" in subsection (a). Session Laws 2015-49, s. 2, effective June 3, 2015, in subsection (a), substituted "34 members" for "31 members" in the introductory language, inserted "the Director of the State Bureau of Investigation, the Commander of the State Highway Patrol, and" in subdivision (a)(3), and rewrote subdivision (a)(6); and inserted "the Director of the State Bureau of Investigation, the Commander of the State Highway Patrol" in the first sentence of the next-to-last paragraph in (b). Session Laws 2017-186, s. 2(iiii), effective December 1, 2017, in subdivision (a)(6), inserted "and Juvenile Justice" throughout, and substituted "Juvenile Justice Section of the Division of Adult Correction" for "Section of Juvenile Justice."