41-2814. Fingerprinting personnel; exception; violation; classification; definition

A. All employees of the department and all contract service providers that provide services primarily on department premises shall be fingerprinted. These individuals shall submit fingerprints and the form prescribed in subsection F of this section within seven days after the date of employment. Employment with the department is conditioned on the results of the fingerprint check. Fingerprint checks shall be conducted pursuant to section 41-1750, subsection G, paragraph 1.

B. Except as provided in subsection A of this section, a paid or unpaid employee of a licensee or contract provider who has direct contact with committed youth shall have a valid fingerprint clearance card issued pursuant to chapter 12, article 3.1 of this title or shall apply for a fingerprint clearance card within seven days of beginning employment.

C. A service contract or license with any contract provider or licensee that involves the employment of persons who have direct contact with committed youth shall provide that the contract or license may be canceled or terminated immediately if a person certifies pursuant to subsection F of this section that the person is awaiting trial on or has been convicted of any of the offenses listed in subsection F of this section in this jurisdiction or acts committed in another jurisdiction that would be offenses in this jurisdiction or if the person does not possess or is denied issuance of a valid fingerprint clearance card.

D. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsection F of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in subsection F, paragraphs 1, 2, 3, 6, 7, 9, 15, 16, 17, 18 and 21 of this section is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing direct contact with committed youth.

E. A contract provider or licensee may avoid cancellation or termination of the contract or license under subsection C of this section if a person who does not possess or has been denied issuance of a valid fingerprint clearance card or who certifies pursuant to subsection F of this section that the person has been convicted of or is awaiting trial on any of the offenses listed in subsection F, paragraphs 4, 5, 8, 10, 11, 12, 13, 14, 19, 20, 22 and 23 of this section is immediately prohibited from employment or service with the contract provider or licensee in any capacity requiring or allowing direct contact with committed youth unless the employee is granted a good cause exception pursuant to section 41-619.55.

F. Personnel who are employed by the department and contract personnel who have direct contact with committed youth shall certify on forms provided by the department and notarized whether they are awaiting trial on or have ever been convicted of or committed any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:

1. Sexual abuse of a minor.

2. Incest.

3. First or second degree murder.

4. Kidnapping.

5. Arson.

6. Sexual assault.

7. Sexual exploitation of a minor.

8. Felony offenses involving contributing to the delinquency of a minor.

9. Commercial sexual exploitation of a minor.

10. Felony offenses involving sale, distribution or transportation of, offer to sell, transport or distribute or conspiracy to sell, transport or distribute marijuana, dangerous drugs or narcotic drugs.

11. Felony offenses involving the possession or use of marijuana, dangerous drugs or narcotic drugs.

12. Burglary.

13. Aggravated or armed robbery.

14. Robbery.

15. A dangerous crime against children as defined in section 13-705.

16. Child abuse.

17. Sexual conduct with a minor.

18. Molestation of a child.

19. Manslaughter.

20. Assault or aggravated assault.

21. Exploitation of minors involving drug offenses.

22. A violation of section 28-1381, 28-1382 or 28-1383.

23. Offenses involving domestic violence.

G. The department shall make documented, good faith efforts to contact previous employers of personnel to obtain information or recommendations that may be relevant to an individual's fitness for employment.

H. Hospital employees, licensed medical personnel, staff and volunteers who provide services to juveniles in a health care facility located outside the secure care facility and who are under the direct visual supervision as is medically reasonable of the department's employees or the department's contracted security employees are exempt from the requirements of this section.

I. Notwithstanding subsections B, C, D and E of this section, the director may allow a paid or unpaid employee of a licensee or contract provider who has been convicted of an offense listed in subsection F, paragraph 11 or 22 of this section to have direct contact with committed youth if the director finds that the person is successfully rehabilitated. In determining whether a person is successfully rehabilitated, the director:

1. May require the person to disclose evidence regarding substantiated allegations of neglect or child or vulnerable adult abuse pursuant to section 13-3623.

2. Shall consider all of the following:

(a) The extent of the person's criminal record.

(b) The length of time that has elapsed since the offense was committed.

(c) The nature of the offense.

(d) Any applicable mitigating circumstances.

(e) The extent of the person's rehabilitation, including:

(i) The completion of probation, parole or community supervision.

(ii) Whether the person paid restitution or any other compensation for the offense.

(iii) Any evidence of positive action to change criminal behavior including completion of a drug treatment program or counseling.

(iv) Any personal references attesting to the person's rehabilitation.

J. The department of juvenile corrections shall notify the department of public safety if the department of juvenile corrections receives credible evidence that a person who possesses a valid fingerprint clearance card either:

1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B.

2. Falsified information on the form required by subsection F of this section.

K. A person who makes a false statement, representation or certification in an application for employment with the department is guilty of a class 3 misdemeanor.

L. For the purposes of this section, " employee" means paid and unpaid personnel who have direct contact with committed youth.