I've been at work so I haven't had time to reply.
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(d) The identification required by this subsection is the photographic identification [emphasis added] issued by the governmental agency for which the individual is employed as a law enforcement officer.[/align][align=left]
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Next info is from... http://www.ncga.state.nc.us/ (North Carolina General Assembly)
North Carolina General Statute 17
17C‑2. Definitions. Unless the context clearly otherwise requires, the following definitions apply in this Chapter:
(1) Commission. – The North Carolina Criminal Justice Education and Training Standards Commission.
(2) Criminal justice agencies. – The State and local law‑enforcement agencies,
the State correctional agencies, other correctional agencies maintained by local governments, and the juvenile justice agencies, but shall not include deputy sheriffs, special deputy sheriffs, sheriffs' jailers, or other sheriffs' department personnel governed by the provisions of Chapter 17E of these General Statutes.
(3)
Criminal justice officers. – The administrative and subordinate personnel of all the departments, agencies, units or entities comprising the criminal justice agencies who are sworn law‑enforcement officers, both State and local, with the power of arrest; State correctional officers; State probation/parole officers; State probation/parole officers‑surveillance; officers, supervisory and administrative personnel of local confinement facilities; State juvenile justice officers; chief court counselors; and juvenile court counselors.
This is an excerpt from NC General Statute 148-4
§ 148‑4. Control and custody of prisoners; authorizing prisoner to leave place of confinement.
The Secretary of Correction shall have control and custody of all prisoners serving sentence in the State prison system, and such prisoners shall be subject to all the rules and regulations legally adopted for the government thereof. Any sentence to imprisonment in any unit of the State prison system, or to jail to be assigned to work under the State Department of Correction, shall be construed as a commitment, for such terms of imprisonment as the court may direct, to the custody of the Secretary of Correction or his authorized representative, who shall designate the places of confinement within the State prison system where the sentences of all such persons shall be served. The authorized agents of the Secretary shall have all the authority of peace officers for the purpose of transferring prisoners from place to place in the State as their duties might require and for apprehending,
arresting, and returning to prison escaped prisoners, and may be commissioned by the Governor, either generally or specially, as special officers for returning escaped prisoners or other fugitives from justice from outside the State, when such persons have been extradited or voluntarily surrendered. Employees of departments, institutions, agencies, and political subdivisions of the State hiring prisoners to perform work outside prison confines may be designated as the authorized agents of the Secretary of Correction for the purpose of maintaining control and custody of prisoners who may be placed under the supervision and control of such employees, including guarding and transferring such prisoners from place to place in the State as their duties might require, and apprehending and arresting escaped prisoners and returning them to prison.
So now, let's recap.
North Carolina Statutes 17A-1 through 17A-9 now recodified as 17C-1 through 17C-12 defines "criminal justice officers" as law enforcement officers. North Carolina State Correction Officers are North Carolina Law Enforcement, Special Peace Officers, but are not police officers. We have one power of arrest as defined in 148-4 the arrest of an escaped inmate, which is a limited scope of arrest, but LEOSA doesn't say how broad or limited these statutory arrest powers must be to be covered, but must be derivied by statute to be "qualified active law enforcement officer".
In fact, when HR 218 was lobbied by Lt. Steve Young the former National President of the Fraternal Order of Police, one of the examples he cited as an example of the need for this bill was this:
Correctional Officer Leslie John Besci, a sixteen year veteran with the North Carolina Department of Correction who was beaten to death with a baseball bat in an unprovoked attack. The officer had just returned from work when he was attacked by two former inmates of the prison where he worked.
http://judiciary.senate.gov/testimony.cfm?id=326&wit_id=755 (where this text was found)
And the FOP has stated numerous times that LEOSA covers NCDOC.
Require any more information? Let me know, I need to do the research anyways.
