North Carolina Administrative Code

SUBCHAPTER 11C - REQUIREMENTS FOR PROGRAMS AND JUVENILE CRIME PREVENTION CRIME PROGRAMS section .0100 – general provisions 14B NCAC 11C .0101 SCOPE (a) The rules in this Subchapter establish the requirements for programs assigned to the Intervention/Prevention and Youth Developme…

14B NCAC 11C .0102 DEFINITIONS In this Subchapter the following term has the listed meaning: Individual Plan of Care. A written record maintained on each juvenile served by programs operated by funding support received from the Department which shall include the following element…

SECTION .0200 - GRANT ADMINISTRATION FOR SPECIAL PROGRAMS 14B NCAC 11C .0201 FUNDING REQUIREMENTS (a) All of the programs within the Intervention/Prevention and Youth Development Divisions shall be funded by contractual agreement between the organizations receiving the funds and …

SECTION .0300 - CLIENT PROTECTION AND SAFETY 14B NCAC 11C .0301 EMPLOYMENT POLICIES (a) Personnel in programs supported by funding from the Department shall be employees in good standing with a local governmental agency or with a private sector organization. (b) For each position…

14B NCAC 11C .0302 APPROPRIATE CARE AND TREATMENT (a) Procedures or philosophies that encourage or promote consistent patterns of humiliation, verbal abuse, manhandling, use of fear tactics, intimidation, or infliction of physical pain are prohibited. (b) This Rule shall apply to…

14B NCAC 11C .0303 BEHAVIOR MANAGEMENT AND DISCIPLINE (a) In determining appropriate discipline, each program shall consider the child's age, intelligence, emotional makeup, and past experience. (b) Each program shall develop and adhere to a written policy regarding behavior mana…

14B NCAC 11C .0304 SOLICITATION OF FUNDS AND JUVENILE PUBLICITY (a) Juveniles and their families served by any program funded by the Department shall not be required to raise or solicit funds for any agency. They may, however, organize or participate in fund raising activities on…

14B NCAC 11C .0305 ALCOHOL AND OTHER DRUG POSSESSION AND USE Program managers, direct services staff, and volunteers of programs funded by the Department shall not possess or consume or be under the influence of any alcohol or controlled substance without a prescription while eng…

14B NCAC 11C .0306 FIREARMS AND OTHER WEAPONS Program managers, direct services staff, and volunteers shall not use or be in possession of any firearms or other weapons while working with youth in programs funded by the Department. History Note: Authority G.S. 143B-516(b)(4); 143…

14B NCAC 11C .0307 OPPORTUNITIES FOR RELIGION PROVIDED Residential programs funded by the Department shall provide opportunities for individual children to participate in religious services and other religious activities within the framework of their individual and family interes…

14B NCAC 11C .0308 INSURANCE REQUIRED Each program funded by the Department, other than programs operated by units of local government, shall maintain liability insurance in the amount of five hundred thousand dollars ($500,000) to cover any juvenile participating in the program …

14B NCAC 11C .0309 SAFETY CONCERNS (a) All programs funded by the Department shall ensure that safety measures, which include trained staff and safety equipment, are in place for all program sponsored functions. (b) During periodic on-site visits by officials representing the Dep…

SECTION .0400 - PROGRAM REQUIREMENTS 14B NCAC 11C .0401 STAFF ORIENTATION AND TRAINING (a) All programs funded by the Department must provide for staff and volunteer orientation and training. Written documentation of the program orientation and training policies and plans must be…

14B NCAC 11C .0402 EMERGENCY PLAN (a) Each program shall develop and distribute to staff members and volunteers an emergency plan which includes names and phone numbers of individuals to be notified in emergency situations that may occur during program activities. (b) The emergen…

14B NCAC 11C .0403 ADMISSION GUIDELINE REQUIREMENTS (a) All programs receiving funding support from the Department shall develop within admission guidelines covering age and gender appropriateness, the primary reasons for which juveniles are considered for admission and any appli…

14B NCAC 11C .0404 RECORD OF CLIENT CONTACTS AND INDIVIDUAL PLAN OF CARE (a) All programs shall maintain a written record of contact with clients that includes: (1) The date of admission, source of and reason for referral and a summary of the problems the client was experiencing …

14B NCAC 11C .0405 REQUIREMENT OF RELEASE POLICY Programs shall develop written policies governing documentation of the release of clients. Release records shall include: (1) The last date of program contact; (2) The reason for release; (3) A listing of all persons and agencies w…

14B NCAC 11C .0406 PROGRAM EVALUATION (a) All programs shall collect and submit statistical information designed to measure the program effectiveness in correcting the program behaviors and underlying causes of delinquency and undisciplined behavior. (b) Programs must develop str…

SECTION .0500 - ENFORCEMENT PROCEDURES 14B NCAC 11C .0501 COMPLIANCE MONITORING Compliance with the provisions of this Subchapter shall be monitored by on-site visits conducted by or authorized by the Department and by review of periodic reports documenting the provisions of the …

14B NCAC 11C .0502 CORRECTIVE ACTION AND PENALTIES (a) When any of the terms of the contract are documented to have been violated through the monitoring and evaluation of program requirements, the Department shall take measures to correct the violation. (1) Where violations of st…

SUBCHAPTER 11D - JUVENILE COURT SECTION .0100 - GENERAL PROVISIONS 14B NCAC 11D .0101 DEFINITIONS In this Subchapter the following term has the listed meaning: Complaint. A written allegation that a juvenile is delinquent or undisciplined with a signature verifying that the alleg…

14B NCAC 11D .0102 INTAKE (a) Complaints - Complaints alleging that a juvenile is undisciplined or delinquent are accepted by a juvenile court counselor for evaluation. All complaints shall be in writing and must contain the following: (1) The juvenile's name; (2) The juvenile's …

14B NCAC 11D .0103 SERVICES TO THE COURT (a) The Department shall provide information and assistance concerning a juvenile case before, during or after a hearing as the court may require, including the preparation of written reports for the court, completion of risk and needs ass…

14B NCAC 11D .0104 COMMITMENT TO THE DEPARTMENT (a) Juvenile court counselors shall provide services to juveniles committed to the Department and their families during the commitment which includes: (1) Serving as a liaison between the Department staff, the juvenile, and his fami…

14B NCAC 11D .0105 POST-RELEASE SUPERVISION (a) Juvenile Court counselors shall provide post-release supervision services for any juvenile released from a youth development center. (b) A needs assessment shall be completed by the court counselor to determine the social, medical a…

14B NCAC 11D .0106 SUBSTANCE ABUSE TESTING (a) The Department shall contract for testing services and shall provide supplies for testing juveniles for use of alcohol and controlled substances. (b) Alternate drug and alcohol testing services may be used for individual juveniles at…

CHAPTER 12 – DIVISON OF CORRECTIONS SUBCHAPTER 12a – SECTION RULES: GENERAL ADMINISTRATION SECTION .0100 – GENERAL aDMINISTRATION 14b NCAC 12a .0101 LOCATION History Note: Authority G.S. 143B-10; 143B-260; 143B-261.1; Eff. December 1, 2008; Transferred from 05 NCAC 01F .0101 Eff.…

14B NCAC 12A .0102 COST OF COPIES History Note: Authority G.S. 132-6.2; 143B-10; 150B-19; Eff. January 1, 2009; Transferred from 05 NCAC 01F .0102 Eff. June 1, 2013; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0200 - PETITION FOR RULEMAKING 14B NCAC 12A .0201 FILING A PETITION FOR RULEMAKING (a) Any person may petition the Department of Correction (DOC) to adopt a new rule, or amend or repeal an existing rule by submitting a rule-making petition to DOC. The petition shall be a…

subchapter 12b – prisons: public communications section .0100 – inmate use of mail 14B NCAC 12B .0101 GENERAL (a) Inmates may write to anyone, but an individual inmate's privileges to write to a particular person or persons may be withdrawn by the superintendent/warden of the cor…

SECTION .0200 - INMATE LABOR FOR PUBLIC WORK PROJECTS 14B NCAC 12B .0201 POLICY (a) General. The policy of the State of North Carolina is that all able-bodied prison inmates shall be required to perform diligently all work assignments provided for them. Work assignments and emplo…

14B NCAC 12B .0202 APPROVAL OF CONTRACTS History Note: Authority G.S. 148-26.5; Eff. June 1, 1984; Transferred from 05 NCAC 02D .0706 Eff. June 1, 2013; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

subchapter 12c - treatment section .0100 - arts and crafts 14B NCAC 12C .0101 DONATIONS If a group, organization, or individual desires to make a monetary or material donation to the unit as a whole for hobbycraft activities, it may be accepted, but no gift or donation of hobbycr…

section .0200 - restitution/reparation program 14B NCAC 12C .0201 PROCEDURES: NOTIFICATION: COMPLETED RESTITUTION/REPARATION The following procedures apply to the notification of the completion of orders/recommendations of restitution. (1) If an inmate chooses to fulfill his rest…

subchapter 12d – custody and security section .0100 – search and seizure 14B NCAC 12d .0101 SEARCHES OF VISITORS AND OTHER PERSONS (a) Before and after every visiting period within the confines of a facility, a search of the room or area where the visits are held will be made to …

section .0300 – jail facility housing 14B NCAC 12D .0301 OTHER REQUIREMENTS History Note: Authority G.S. 148-11; 148-32.1; Eff. March 1, 1987; Transferred from 05 NCAC 02F .2205 Eff. June 1, 2013; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

subchapter 12E – court related proceedings section .0100 – access to the courts 14B NCAC 12E .0101 ACCESS TO PRIVATE COUNSEL History Note: Authority G.S. 148-11; Eff. June 16, 1978; Amended Eff. December 1, 1989; Transferred from 05 NCAC 02G .0205 Eff. June 1, 2013; Expired Eff. …

14B NCAC 12E .0102 TELEPHONE ACCESS TO INMATE CLIENTS History Note: Authority G.S. 148-11; Eff. December 1, 1989; Transferred from 05 NCAC 02G .0206 Eff. June 1, 2013; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

subchapter 12F – Religious practice section .0100 – islamic services and practices 14B NCAC 12F .0101 ADVISORY COMMITTEE ON RELIGIOUS MINISTRY IN PRISONS History Note: Authority G.S. 143B-10; 148-11; Eff. April 1, 1990; Transferred from 05 NCAC 02H .0106 Eff. June 1, 2013; Expire…

subchapter 12G – private correctional service providers section .0100 – partnership Program 14B NCAC 12G .0101 GRANT AWARD CONTRACTS History Note: Authority G.S. 143B-273.8; Eff. July 1, 1995; Transferred from 05 NCAC 05 .0101 Eff. June 1, 2013; Expired Eff. February 1, 2018 purs…

SECTION .0200 - HIRING 14B NCAC 12H .0201 HIRING STANDARDS History Note: Authority S.L. 2001-378; Temporary Adoption Eff. March 6, 2002; Transferred from 05 NCAC 06 .0201 Eff. June 1, 2013; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0300 – TRAINING 14B NCAC 12H .0301 TRAINING STANDARDS History Note: Authority S.L. 2001-378; Temporary Adoption Eff. March 6, 2002; Eff. April 1, 2003; Transferred from 05 NCAC 06 .0301 Eff. June 1, 2013; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

SECTION .0400 – COMPLIANCE 14B NCAC 12H .0401 REVIEW OF COMPLIANCE History Note: Authority S.L. 2001-378; Temporary Adoption Eff. March 6, 2002; Eff. April 1, 2003; Transferred from 05 NCAC 06 .0401 Eff. June 1, 2013; Expired Eff. February 1, 2018 pursuant to G.S. 150B-21.3A.

chapter 13 – state capitol police section .0100 – general Provisions 14B NCAC 13 .0101 RESPONSIBILITIES AND SCOPE State Capitol Police is responsible for the protection and security of state-owned and leased property located in the City of Raleigh and Wake County to administer an…

14B NCAC 13 .0102 AUTHORITY (a) Police officers of State Capitol Police shall be appointed as special police officers and have the same power of arrest as the police officers of the City of Raleigh. Such authority may be exercised within the same territorial jurisdiction as exerc…

SECTION .0200 - FUNCTIONS 14B NCAC 13 .0201 ARRESTS Any time an arrest is made, the arresting officer shall follow these procedures: (1) Identify himself or herself, as a law enforcement officer; (2) Inform the individual that he or she is under arrest; (3) Inform the arrestee of…

14B NCAC 13 .0202 TRAFFIC COLLISIONS All traffic collisions occurring on state property must be reported to State Capitol Police by the involved drivers. All collisions shall be investigated by the State Capitol Police. Collisions estimated to have damage of at least one thousand…

14B NCAC 13 .0203 STATE PARKING LOTS History Note: Authority G.S.143B-900; Eff. February 1, 1976; Readopted Eff. February 27, 1979; Transferred from T01.03C Eff. November 25, 1986; Transferred from 01 NCAC 04H .0207 Eff. June 1, 2013; Repealed Eff. July 1, 2016.

CHAPTER 15 – ALCOHOLIC BEVERAGE CONTROL COMMISSION SUBCHAPTER 15A - ORGANIZATIONAL RULES: POLICIES AND PROCEDURES SECTION .0100 - GENERAL PROVISIONS 14B NCAC 15A .0101 PURPOSE The Alcoholic Beverage Control System shall provide regulation and control of the manufacture, distribut…

14B NCAC 15A .0102 LOCATION, ADDRESSES AND BUSINESS HOURS The principal office of the North Carolina Alcoholic Beverage Control Commission is located at 400 East Tryon Road, Raleigh, North Carolina 27610. The mailing address is 4307 Mail Service Center, Raleigh, North Carolina 27…