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ARIZONA HOUSE OF REPRESENTATIVESFifty-seventh Legislature First Regular Session |
House: PSLE DPA 13-0-0-2 |
HB 2730: fingerprinting; personnel; committed youth; contact.
Sponsor: Representative Marshall, LD 7
House Engrossed
Overview
Expands fingerprinting and criminal history records check criteria for individuals with supervised or unsupervised direct contact with committed youth under the Arizona Department of Juvenile Corrections (ADJC).
History
Laws 1989, Chapter 266 established ADJC for the purpose of supervising, rehabilitating, treating and educating all committed youth. The ADJC Director is appointed by the Governor, subject to Senate confirmation. The ADJC Director must have administrative experience in youth rehabilitation and treatment programs and have educational qualifications and training to facilitate managing ADJC in a manner consistent with its mission and purpose (A.R.S. § 41-2803).
All employees and contract service providers that work primarily on ADJC premises must be fingerprinted. Within seven days of being hired, individuals must submit fingerprints and certified forms regarding whether they are awaiting trial on, have been convicted of, or have committed any of the listed statutory offenses in Arizona or similar offenses elsewhere (A.R.S. § 41-2814).
Provisions
1. Clarifies that each ADJC employee, any licensee, contract service provider and volunteer that has unsupervised direct contact with committed youth inside an ADJC secure facility is subject to criminal history records check.
2. Requires the outlined individuals to submit their fingerprints and the ADJC criminal offense form for 10 days before the date of unsupervised direct contact with committed youth, rather than 7 days after the date of employment. (Sec. 1)
3. Stipulates that unsupervised direct contact with committed youth inside an ADJC secure facility is conditioned on the results of the fingerprint check, rather than employment with ADJC. (Sec. 1)
4. States that the following individuals with supervised direct contact with committed youth inside an ADJC secure facility are subject to a criminal history records check and their entry into an ADJC secure facility is conditioned on the results of the criminal history records check:
a) employee of a licensee;
b) contract service provider;
c) contractor;
d) licensee
e) volunteer; or
f) visitor. (Sec. 1)
5. Clarifies that a paid or unpaid employee of a licensee or a contract service provider who has direct contact with committed youth outside a secure care facility must have a valid fingerprint clearance card and submit the ADJC criminal offense form within seven days after beginning employment. (Sec. 1)
6. States that direct contacted with committed youth outside a secure care facility is conditioned on the results of the fingerprint and criminal history records check. (Sec. 1)
7. Stipulates that a service contract or license with any contract service provider or licensee is subject to immediate cancellation or termination if a paid or unpaid employee of the contract service provider or licensee who has direct contact with committed youth:
a) certifies that the individual has attempted or committed any of the offenses listed on the ADJC criminal offense form; or
b) is required to possess a valid fingerprint clearance card and does not possess or is denied one. (Sec. 1)
8. Exempts a contract service provider or licensee from having their contract terminated due to employment of outlined individuals if the outlined individual is granted a good cause exception. (Sec. 1)
9. Requires outlined individuals listed in this Act who have direct contact with committed youth to certify on ADJC criminal offense forms if they are awaiting trial, have ever been convicted or have attempted or committed outlined criminal offenses in Arizona or another state. (Sec. 1)
10. Removes the notarization requirement when certifying the ADJC criminal offense forms. (Sec. 1)
11. Modifies the list of offenses listed on the ADJC criminal offense form. (Sec. 1)
12. Prohibits ADJC from allowing outlined individuals listed in this Act who are awaiting trial or have committed, attempted or been convicted of a felony offense listed on the ADJC criminal offense form from having supervised or unsupervised direct contact with committed youth. (Sec. 1)
13. Exempts outlined individuals listed in this Act who have been convicted of specified offenses on the ADJC criminal offense form to have supervised or unsupervised direct contact with committed youth if the ADJC Director finds the individual has successfully rehabilitated. (Sec. 1)
14. Defines pertinent terms. (Sec. 1)
15. Makes technical and conforming changes. (Sec. 1)
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