Department of Justice, Criminal Justice Standards Division Contact: Trevor Allen (919)

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1 Title: Annual In-Service Training Agency: Department f Justice, Criminal Justice Standards Divisin Cntact: Trevr Allen (919) Impact Summary: State Gvernment: N Lcal Gvernment: N (minimal) Substantial Impact: N Small Business: N 12 NCAC 09E.0104 INSTRUCTORS: ANNUAL IN-SERVICE TRAINING 12 NCAC 09E.0105 MINIMUM TRAINING SPECIFICATIONS: ANNUAL IN-SERVICE TRAINING These rules list the required tpics, alng with training specificatins, fr the annual in-service training prgram fr law enfrcement fficers. Statutry authrity fr the rule change: G.S. 17C-6; 17C-10 Amendment: These rules are updated annually, as the training tpics are changed each year. The number f hurs required fr training each year remains at 24. There are sme additinal prpsed amendments t the rules this year. The Cmmissin wants t change the term hurs t credits t allw fr the increasing use f nline training in place f traditinal classrm training. One credit wuld equal ne hur f traditinal classrm training, s all fficers wuld still be required t attain 24 credits f in-service training annually. Fr agencies that chse t utilize nline training, the actual number f hurs an fficer spends in training wuld likely be less than 24, as nline training typically des nt take as lng t cmplete as traditinal classrm training. This might result in sme time savings fr fficers, wh might have mre time t dedicate t their regular tasks. The rules require all training instructrs (whether they teach in a traditinal classrm r nline) t pass a shrt, five-questin test n the tpic that they teach. The rules als clarify that instructrs wh teach in traditinal classrms receive training credits fr the tpic they teach. Online instructrs wuld be required t take a curse n the subject matter they plan t teach in rder t receive the credits twards their wn in-service training. Officers, like the instructrs, wuld be required t pass a shrt five questin end-f-tpic test fr each required in-service training tpic. Officers attending written curses wrth mre than fur credits wuld have t pass a twenty questin test. The Justice Academy wuld write the end-f-tpic tests as part f the nrmal curriculum develpment prcess. The Justice Academy has always written questins t g alng with the curriculum, s this wuld nt be an added task fr the Academy. The individual agencies are als free t write their wn tests if they chse t, but they are nt required t. The rules wuld change sme f the in-service training tpics; hwever, the ttal number f in-service training hurs (credits) wuld nt change. State Impact: Duties fr administering the in-service training prgram are split between 3 existing psitins in this Divisin at DOJ. Much f the wrk fr develping the training prgram ccurs at the NC Justice Academy. Wrk there is split between 15 psitins. As mentined abve, the Academy already writes questins t accmpany the training tpics, s this wuld nt create an additinal impact n the state agency. 1

2 Lcal Gvernment Impact: Every law enfrcement agency in the state must prvide 24 hurs f time fr each law enfrcement fficer t take the in-service training. The in-service training prgram has been in place fr five years and the number f hurs (credits) f training required is nt changing, s this is an n-ging expense fr lcal gvernment. While there is a new requirement fr instructrs t pass a test n the tpic they are teaching, fr the mst part these tests wuld be shrt and wuld take a small fractin f the instructrs time. Als, the requirement fr nline instructrs t take a curse n the tpic they are teaching is nt expected t create mre than a minimal impact. The agency anticipates these instructrs wuld pt fr an nline versin f the curse, and since they are experts n the tpic they wuld be able t jump t the test and thus cmplete the curse in a shrt perid f time. S, while the rules wuld require sme instructrs t spend additinal time getting trained, the agency expects that this impact wuld be minimal. Althugh the use f nline training may reduce the time fficers spend n in-service training, the new requirement that fficers must pass end-f-tpic tests will likely result in abut the same amunt f time spent n in-service training as in past years. The agency expects a high rate f passing (98-100%) n the tests given that the questins created by the Justice Academy are already part f the curriculum and there is familiarity with the style f questins. Als, given the 95% passing rate n the 300-questin Basic Law Enfrcement Training test that fficers have t take, the agency is fairly cnfident that mst fficers wuld past the test n the first try. S there is a very small pssibility that smene wuld have t retake the curse. Based n all these assumptins, the agency estimates minimal impact t lcal gvernment in terms f staff time due t the new testing requirement. There wuld be hwever a public benefit since the test wuld insure that the fficers are paying attentin t the curse cntent, and wuld therefre be better trained t respnd t different situatins. Substantial Ecnmic Impact: N Small Business Impact: N See Rules beginning n next page. 2

3 12 NCAC 09E.0104 INSTRUCTORS: ANNUAL IN-SERVICE TRAINING The fllwing requirements and respnsibilities are hereby established fr instructrs wh cnduct the law enfrcement fficers' annual in-service training prgram: (1) The instructr shall hld Instructr Certificatin issued by the Cmmissin as utlined in 12 NCAC 09B.0302, 09B.0304, and 09B.0306, except fr instructrs delivering Incident Cmmand System training fr NIMS (Natinal Incident Management System) cmpliance. Thse instructrs must be certified thrugh FEMA as Incident Cmmand Instructrs. In additin, each instructr certified by the Cmmissin t teach in a Cmmissin-certified curse shall remain cmpetent in his/her specific r specialty areas. Such cmpetence includes remaining current in the instructr's area f expertise, which may be demnstrated by attending and successfully cmpleting all instructr updates issued by the Cmmissin. (2) Instructrs wh teach a required in-service training tpic must achieve a passing grade n a shrt, five-questin tpic specific test develped by the Nrth Carlina Justice Academy r by the agency delivering the training. Instructrs wh teach a required in-service training tpic nline, in additin t meeting the abve testing requirement, must als cmplete the in-service training fr the tpic he r she will be teaching. Instructrs wh teach an in-service training tpic in a traditinal classrm frmat will receive credit tward their wn in-service training requirements, prvided that they pass all required tests and have their instructin dcumented nce cmpleted. (2) (3) The instructr shall deliver the training cnsistent with the specificatins as established in Rules 09E.0105 and (3) (4) The instructr shall reprt the successful r unsuccessful cmpletin f training fr each fficer t the Department head. Such reprting shall be n a Cmmissin frm. (4) (5) Where the fficer fails t successfully qualify with a weapn, the instructr shall infrm the fficer that the fficer did nt qualify and the instructr shall deliver a Cmmissin frm t the fficer which shall be signed by the fficer. This frm shall instruct the fficer nt t use the weapn and shall require the fficer t ntify the Department head r designated representative within 24 hurs f the failure t qualify. The instructr shall persnally deliver this frm r send the frm by certified mail t the Department head r designated representative within 72 hurs f the failure t qualify. Histry Nte: Authrity G.S. 17C-6; 17C-10; Eff. July 1, 1989; Amended Eff. ; April 1, 2008; January 1, 2006; January 1,

4 12 NCAC 09E.0105 is prpsed fr amendment as fllws: 12 NCAC 09E.0105 MINIMUM TRAINING SPECIFICATIONS: ANNUAL IN-SERVICE TRAINING (a) The fllwing tpical areas and specificatins are established as minimum tpics, specificatins and hurs credits t be included in each law enfrcement fficers' annual in-service training curses. [Fr the purpses f this Subchapter, a credit shall be equal t ne hur f traditinal classrm instructin.] These specificatins shall be incrprated in each law enfrcement agency's annual in-service training curses: (1) Firearms (4): Training and Qualificatin (4 credits); (A) (B) (C) Use f Frce: review the authrity t use deadly frce [G.S. 15A-401(d)(2)] including the relevant case law and materials; Safety: (i) (ii) (iii) range rules and regulatins; handling f a firearm; and malfunctins; and Review f Basic Marksmanship Fundamentals: (i) (ii) (iii) grip, stance, breath cntrl and trigger squeeze; sight and alignment/sight picture; and nmenclature; and (2) Legal Update (4); (4 credits); (3) Career Survival: Scial Netwrking and Digital Cmmunicatins (4); Dmestic Vilence: The Children are Watching (2 credits); (4) Juvenile Minrity Sensitivity Training: Interactin Skills in Building Rapprt (2); Dn t Press Send (2 credits): and (5) Awareness f Issues Surrunding Returning Military Persnnel (2); and (6) (5) Department Tpics f Chice (8). (12 credits). (b) The "Specialized Firearms Instructr Training Manual" as published by the Nrth Carlina Justice Academy shall be applied as a guide fr cnducting the annual in-service firearms training prgram. publicatin may be inspected at the ffice f the agency: the: Criminal Justice Standards Divisin Nrth Carlina Department f Justice 1700 Tryn Park Drive Raleigh, Nrth Carlina Cpies f this (c) The In-Service Lessn Plans as published by the Nrth Carlina Justice Academy shall be applied as a minimum curriculum fr cnducting the annual in-service training prgram. Cpies f this publicatin may be inspected at the ffice f the agency: the: Criminal Justice Standards Divisin Nrth Carlina Department f Justice 1700 Tryn Park Drive 4

5 Raleigh, Nrth Carlina and may be btained at cst frm the Academy at the fllwing address: Nrth Carlina Justice Academy Pst Office Drawer 99 Salemburg, Nrth Carlina (d) Lessn plans are designed t be delivered in apprximate hurly increments; hwever, a student wh cmpletes an nline in-service training tpic in less than r mre than the hurly increment shall receive the number f credits that crrespnd t the number f hurs f traditinal classrm training. (e) Successful cmpletin f training shall be demnstrated by passing a written test fr each in-service training tpic, as fllws: (1) A written test cmprised f at least five (5) questins per credit shall be develped by the delivering agency, r the agency may use the written test develped by the Nrth Carlina Justice Academy, fr each in-service training tpic requiring testing. Written curses which are mre than fur (4) credits in length are required t d a written test cmprising f a minimum f twenty (20) questins. The Firearms Training and Qualificatins in-service curse is exempt frm this written test requirement. (2) A student shall pass each test by achieving 70 percent crrect answers. (3) A student wh cmpletes a tpic f in-service training nline and fails the end f tpic exam shall be given ne attempt t re-test. If the student fails the exam a secnd time, the student must cmplete the in-service training tpic in a traditinal classrm setting befre taking the exam a third time. (4) A student wh cmpletes a tpic f in-service training in a traditinal classrm setting and fails the end f tpic exam shall be given ne attempt t re-test. If the student fails the exam a secnd time, the student must cmplete the in-service training tpic in a traditinal classrm setting again befre taking the exam a third time. Histry Nte: Authrity G.S. 17C-6; 17C-10; Eff. July 1, 1989; Amended Eff. January 1, 2005; Nvember 1, 1998; Temprary Amendment Eff. January 1, 2005; Amended Eff. ; June 1,2012; February 1, 2011; January 1, 2010; April 1, 2009; April 1, 2008; February 1, 2007; January 1,