North Carolina Department of Public Safety Division of Adult Correction and Juvenile Justice Community Corrections Policy & Procedures
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North Carolina Department of Public Safety Division of Adult Correction and Juvenile Justice Community Corrections Policy & Procedures DPS Policy Manual Personnel Policy Manual Prisons Policy Manual April 2019 Table of Contents Chapter A Administration – Fiscal and Personnel Section .0100 General Provisions .0101 PURPOSE .0102 ORGANIZATION Section .0200 Definitions .0201 DEFINITIONS OF TERMS Section .0300 Facilities Management .0301 GENERAL PROVISIONS .0302 LEASE MANAGEMENT .0303 FACILITY ACCESS FOR THE DISABLED .0304 BUILDING CONTENT AND OCCUPANCY UPDATES .0305 REQUIRED FACILITY POSTINGS Section .0400 State Owned Vehicles .0401 GENERAL PROVISIONS .0402 PARKING AND STORAGE OF VEHICLES .0403 DEFINITIONS .0404 RESTRICTIONS .0405 OFF-DUTY STATE-OWNED VEHICLES .0406 MAINTENANCE .0407 OPERATOR LICENSE .0408 MOTOR VEHICLE VIOLATIONS .0409 ACCIDENTS/DAMAGE/VANDALISM .0410 MOTOR VEHICLE MILEAGE DOCUMENTATION .0411 USE OF TOLL ROADS .0412 VEHICLE PURSUIT .0413 VEHICLE INSPECTION Section .0500 State Telecommunications .0501 GENERAL PROVISIONS .0502 STATE TELECOMMUNICATION SERVICES .0503 USE AND RECORD KEEPING .0504 COLLECT TELEPHONE CALLS .0505 SCANNERS, FACSIMILE MACHINES and WEB CAMERAS .0506 COMMUNITY CORRECTIONS COMPUTER/LAPTOP, TABLET AND INTERNET ACCESS-ACCEPTABLE USE .0507 COMPUTER RELATED INVESTIGATIONS .0508 RADIO COMMUNICATION Section .0600 Cash Transactions .0601 GENERAL PROVISIONS .0602 PROHIBITED CASH TRANSACTIONS .0603 ALLOWABLE CASH TRANSACTIONS i Section .0700 Budget and Fiscal Record Retention Schedule .0701 GENERAL PROVISIONS .0702 BUDGET AND FISCAL RECORD RETENTION SCHEDULE .0703 RETENTION SCHEDULE Section .0800 Federally Forfeited Property .0801 GENERAL PROVISIONS .0802 REPORTING, APPLICATION AND RECEIPT PROCESS Section .0900 Officer Safety Equipment .0901 GENERAL PROVISIONS .0902 DESIGNATED OFFICER POSITIONS AND STANDARD EQUIPMENT LIST .0903 MANDATORY USE OF OFFICER SAFETY EQUIPMENT .0904 INSPECTION .0905 FIREARMS .0906 CONTROL OF BADGES AND IDENTIFICATION CARRY CASE .0907 PURCHASE OF DUTY WEAPON .0908 REQUEST FOR BADGES .0909 CREDENTIALS FOR RETIRING EMPLOYEES .0910 COMMUNICATION EQUIPMENT .0911 METHAMPHETAMINE LABORATORY EXPOSURE AND DECONTAMINATION .0912 USE OF NALOXONE OPIOID ANTAGONIST Section .1000 Fixed Assets and Inventory Control .1001 GENERAL PROVISIONS .1002 PACKING SLIPS AND EQUIPMENT CONTROL .1003 FIXED ASSET TAGS .1004 EQUIPMENT REPORTS .1005 TRANSFERRING EQUIPMENT .1006 LOST, STOLEN, DAMAGED OR MISUSED EQUIPMENT .1007 LOST, STOLEN OR DAMAGED ELECTRONIC MONITORING EQUIPMENT .1008 MISSING EQUIPMENT Section .1100 Safety Program .1101 GENERAL PROVISIONS .1102 SAFETY INSPECTION SCHEDULE .1103 BOMB THREATS .1104 WORKPLACE VIOLENCE .1105 SUSPICIOUS ACTIVITY REPORT Section .1200 Internal Audit .1201 GENERAL PROVISIONS .1202 COMPLIANCE ISSUES .1203 RISK ASSESSMENTS Section .1300 Work Schedules & Compensation .1301 GENERAL PROVISIONS .1302 STANDARD WORK WEEK .1303 WORK SHIFTS .1304 DEVIATIONS FROM THE FOUR BASIC WORK SHIFTS .1305 OVERTIME .1306 SHIFT PREMIUM PAY .1307 SPLIT SCHEDULE AND SHIFT PREMIUM PAY ii .1308 SHIFT PREMIUM LEAVE REQUESTS .1309 REQUESTS FOR VACATION LEAVE .1310 ADVERSE WEATHER .1311 EMPLOYEES .1312 ON-CALL AND CALLBACK COMPENSATION .1313 TRAVEL TIME .1314 PAY AND PAYROLL Section .1400 Office Management .1401 GENERAL PROVISIONS Section .1500 Disciplinary Actions .1501 GENERAL PROVISIONS .1502 CATEGORIES OF DISCIPLINE .1503 TYPES OF DISCIPLINARY ACTIONS .1504 TEMPORARY PLACEMENT .1505 INVESTIGATORY PLACEMENT STATUS .1506 APPROVAL PROCESS Section .1600 Grievances .1601 GENERAL PROVISIONS Section .1700 Professional Standards and Conduct of Employees .1701 GENERAL PROVISIONS .1702 ABSENCE FROM WORK .1703 APPEARANCE STANDARDS .1704 REQUESTS FOR REASONABLE ACCOMODATION(S) .1705 SECONDARY/ DUAL EMPLOYMENT .1706 OATH OF OFFICE .1707 NEGLECT OF DUTY AND UNBECOMING CONDUCT .1708 PERSONAL DEALINGS WITH OFFENDERS .1709 OFFENDER SEXUAL ABUSE AND HARASSMENT POLICY .1710 NOTIFICATION OF UNLAWFUL WORKPLACE HARASSMENT, SEXUAL HARASSMENT AND WORKPLACE VIOLENCE .1711 USE OF FORCE .1712 DEATH or LIFE-THREATENING INJURY NOTIFICATION .1713 EMERGENCY RESPONSE TEAM (ERT) .1714 MEDIA CONTACT .1715 SUMMONSES, SUBPOENAS AND RELEASE OF INFORMATION .1716 RESIDENCY AND PERSONAL TELEPHONE CONTACT INFORMATION .1717 CERTIFIED POSITION - TWO YEAR LATERAL TRANSFER RULE .1718 EXCEPTION TO THE TWO YEAR LATERAL TRANSFER RULE .1719 NEW OFFICER RESTRICTIONS AND ORIENTATION .1720 JSC AND NEW JSC ORIENTATION .1721 BASIC AND IN-SERVICE TRAINING .1722 RECERTIFICATION FOLLOWING SEPARATION .1723 USE OF MOURNING BANDS FOR BADGES .1724 CONDITIONS OF CONTINUED EMPLOYMENT .1725 FOSTERING CHILDREN OF OFFENDERS .1726 DUTY TO REPORT ABUSE, NEGLECT, DEPENDENCY OR DEATH DUE TO MALTREATMENT iii Chapter B Investigations Section .0100 General Provisions .0101 PURPOSE .0102 ORGANIZATION Section .0200 Probation Investigation .0201 GENERAL PROVISIONS .0202 PRE-SENTENCE INVESTIGATIONS .0203 PRE-SENTENCE DIAGNOSTIC EVALUATIONS .0204 PRETRIAL INVESTIGATIONS .0205 DEFERRED PROSECUTION INVESTIGATIONS .0206 EXPUNCTION INVESTIGATIONS Section .0300 Post Release and Parole Investigations .0301 GENERAL PROVISIONS .0302 ASSIGNMENTS .0303 CRIME VERSION INVESTIGATIONS .0304 SEX OFFENDER CRIME VERSION INVESTIGATIONS .0305 RESIDENCE AND EMPLOYMENT INVESTIGATIONS .0306 DIRECT RELEASE REVIEW (DRR) INVESTIGATIONS .0307 DART/BLACK MOUNTAIN ELIGIBLE (DBE) INVESTIGATIONS Section .0400 Clemency Investigations .0401 GENERAL PROVISIONS .0402 COMMUTATION INVESTIGATIONS .0403 PARDON INVESTIGATIONS .0404 DEATH ROW INVESTIGATIONS Chapter C Offender Supervision Section .0100 General Statement on Officer Expectations .0101 ORGANIZATION Section .0200 Definitions .0201 PURPOSE .0202 GENERAL DEFINITIONS .0203 SUPERVISION CONTACTS Section .0300 Terms and Conditions of Probation .0301 PURPOSE .0302 REGULAR CONDITIONS OF PROBATION .0303 OFFENDERS SUBJECT TO INTERMEDIATE PUNISHMENT .0304 COMMUNITY AND INTERMEDIATE CONDITIONS .0305 OTHER SPECIAL CONDITIONS OF PROBATION .0306 SPECIAL CONDITIONS OF PROBATION FOR SEX OFFENDERS AND PERSONS CONVICTED OF OFFENSES INVOLVING PHYSICAL, MENTAL, OR SEXUAL ABUSE OF A MINOR .0307 SPECIAL CONDITIONS OF PROBATION FOR SECURITY RISK GROUP .0308 PERIOD OF PROBATION Section .0400 Supervision Stage 1: Intake .0401 PURPOSE .0402 INTAKE INTERVIEW iv .0403 SPECIAL ATTENTION OFFENDERS .0404 TRANSMITTALS .0405 CONTINGENT CASES .0406 SPECIAL PROBATION (SPLIT SENTENCES) .0407 CONTEMPT CASES .0408 INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION (ICAOS) CASES .0409 APPEALS .0410 CRIME VICTIMS’ RIGHTS ACT (CVRA) CASES .0411 SPECIAL CASES .0412 UNSUPERVISED PROBATION .0413 AOC SEARCH TOOL Section .0500 Supervision Stage 2: Initial Period of Supervision .0501 PURPOSE .0502 ASSESSMENTS .0503 VALIDATION AND DOCUMENTATION REQUIREMENTS FOR SECURITY RISK GROUP OFFENDERS .0504 INITIAL SUPERVISION AND CONTACT REQUIREMENTS .0505 SUBSEQUENT CASES .0506 CRIMINAL RECORD CHECKS .0507 EMPLOYER NOTIFICATION .0508 SCHOOL NOTIFICATION .0509 COMPLETING THE INITIAL PERIOD OF SUPERVISION Section .0600 Supervision Stage 3: Active Supervision .0601 PURPOSE .0602 MINIMUM CONTACT STANDARDS .0603 ADDITIONAL CONTACT REQUIREMENTS FOR SPECIAL ATTENTION OFFENDERS .0604 ADDITIONAL REQUIREMENTS FOR LOW RISK SUPERVISION AND MONITORING .0605 MINIMUM CONTACT STANDARDS IN OTHER SITUATIONS .0606 IMPOSING HIGH RISK DELEGATED AUTHORITY CONDITIONS .0607 REMOVING DELEGATED AUTHORITYCONDITIONS .0608 REMOVAL OF SECURITY RISK GROUP CONDITIONS .0609 CASE PLANNING DURING ACTIVE SUPERVISION .0610 RESPONSE TO POSITIVE BEHAVIOR .0611 REASSESSMENT .0612 MODIFICATIONS .0613 EXTENSIONS .0614 MANDATORY THREE-YEAR REVIEW .0615 SUPERVISION FEES .0616 TRANSFERS .0617 COURTESY SUPERVISION .0618 OUT OF STATE TRAVEL .0619 EMERGENCY OUT OF STATE TRAVEL .0620 FOREIGN TRAVEL .0621 ROUTINE OUT OF STATE TRAVEL .0622 TRAVEL RELATED TO INTERSTATE COMPACT .0623 OFFENDER AS INFORMER .0624 LIMITED ENGLISH PROFICIENT (LEP) OFFENDER .0625 UNDOCUMENTED IMMIGRANTS AND DEPORTATION Section .0700 Supervision Stage 4: Closing Cases .0701 PURPOSE .0702 EXPIRING CASES v .0703 EARLY RELEASES .0704 TRANSFER TO UNSUPERVISED PROBATION .0705 OFFENDER DEATH .0706 DEFERRED PROSECUTION/90-96/CONDITIONAL DISCHARGE CASES .0707 CLOSEOUT .0708 PAROLE AND POST-RELEASE SUPERVISION CASES .0709 EXPUNCTIONS OF RECORDS Section .0800 Searches .0801 GENERAL .0802 OFFICER AUTHORITY .0803 SEARCHES WITH CONSENT .0804 SEARCHES AS A REGULAR CONDITION .0805 SEARCHES INCIDENT TO AN ARREST .0806 SEARCH AND SEIZURE OF ITEMS IN PLAIN VIEW .0807 SEIZURE AND CUSTODY OF EVIDENCE .0808 SEARCH AND SEIZURE RESULTING IN FEDERALLY FORFEITED PROPERTY Section .0900 Maintenance of Case Records .0901 PURPOSE .0902 THE CASE FILE .0903 RECORDS RETENTION .0904 CONFIDENTIALITY .0905 JUVENILE RECORD ACCESS Section .1000 Supervisor Responsibilities .1001 PURPOSE .1002 GENERAL STATEMENT OF EXPECTATIONS FOR SUPERVISORS .1003 CASE REVIEWS .1004 RESPONSIBILITIES .1005 CASELOAD MANAGEMENT Chapter D Noncompliance Section .0100 General Statement on Response to Noncompliance .0101 PURPOSE .0102 ORGANIZATION .0103 GENERAL STATEMENT ON RESPONSE TO NONCOMPLIANCE .0104 SPECIAL CASES Section .0200 The Noncompliance Grid and the Responses to Noncompliance .0201 PURPOSE .0202 THE NONCOMPLIANCE GRID .0203 TYPES OF NONCOMPLIANCE DEFINED .0204 SPECIAL RULES FOR CERTAIN VIOLATIONS .0205 DESCRIPTIONS OF RESPONSES TO NONCOMPLIANCE .0206 DEFERRED PROSECUTION, G.S. 90-96, AND CONDITIONAL DISCHARGE CASES .0207 RETURNING INCARCERATED OFFENDERS .0208 SERIOUS CRIME REPORTS Section .0300 Tolling and Holding Cases