I. AUTHORITY

This policy is issued under authority granted to the Chief Probation Officer by California Government Code 1031, 1031.5, 12946; California Penal Code 12021; California Civil Code 1798.38, 1798.40, 1786.10; California Code of Regulations 1002(b); California Department of Justice CLETS Operating Policy 1.7.3, et seq.; and POST Background Standards for Peace Officers.

II. PURPOSE

The purpose of this policy is to establish background standards, levels of background investigation and specific criteria for each level.  It also will establish procedure for the access, storage and retention of background material.

III. APPLICABILITY

This policy applies to all background investigations.

IV. BACKGROUND

Probation Department employees, interns and volunteers, by the nature of their assignment, have access to confidential information and may work with juveniles.  The pre-employment background investigation satisfies two goals: 1) assuring compliance with all applicable minimum standards for appointment and 2) screening out candidates who, based on their past history or other relevant information, are found unsuitable for the positions in question.

V. GENERAL POLICY

1. All Probation staff and volunteers will be subject to one of three levels of background screening:
   1.  Level One – Volunteers/Interns who are accompanied or supervised by staff at all times.
      1.  Background minimum standards include:
         1.  Live Scan criminal history, CA only
         2.  DMV records check
         3. Local court activity - CJIS
         4. National Sex Offender Database
   2.  Level Two - Most non-sworn staff, interns, and other long term non-paid personnel (volunteers) who have contact with juveniles and are not accompanied or supervised by paid Probation staff at all times, and/or who have access to Probation records.
      1.  Background minimum standards include:
         1.  Pre-employment truth verification examination
         2. Live Scan criminal history, CA & FBI
         3. Driving Record Check
         4. Local Court Checks -CJIS
         5. Civil Court Checks
         6.  Local Agency contacts (PDs/SO) and/or out of state and/or out of the area
         7.  POST Personnel History Statement-Public Safety Dispatcher
         8.  Employment History Checks
         9. Relatives/Personal Reference Checks
         10.  Neighborhood checks
         11. Credit history
         12. National Sex Offender Database
         13.  Employment Eligibility
         14.  Education Verification
         15. Military History Check if Applicable
         16.  Dissolution of Marriage Check, if applicable.
   3.  Level Three - Sworn staff and Correctional Technicians
      1.  Background minimum standards include:
         1.  Pre-employment truth verification examination
         2. Live Scan criminal history, CA, FBI, Child Abuse Central Index (CACI) and Firearms Clearance
         3. Driving Record Check
         4. Local court activity- CJIS
         5. Civil Court checks
         6.  Local, out of county, and/or state law enforcement jurisdiction checks
         7.  POST Personnel History Statement -Peace Officer
         8. Employment history checks
         9. Relatives / Personal reference checks
         10.  Neighborhood checks
         11. Credit Records Check
         12. National Sex Offender Database
         13. Citizenship Verification
         14. Age Verification
         15. Education Verification
         16. Military History Check, if applicable
         17. Dissolution of Marriage check, if applicable.
2.  A new psychological evaluation shall be conducted on peace officer candidates reappointed to the same department, unless the prior evaluation occurred within one year of the date of reappointment.
3. Pre-employment truth verification examinations or “Polygraph Examination” will be used as a decision support tool for the evaluation and selection of Probation Department candidate. Truth verification examinations will not supplement or replace the need for a thorough background investigation.
4. Staff and volunteers who have had a background investigation completed at a lower level will be subject to a higher-level investigation if hired into a different position requiring the higher level of investigation.
5. While in the hiring process the CPO or designee will review the Background Narrative  and if necessary, request further information, and/or make comments if disqualified. The CPO or designee’s signature will be required when approved.
6.  In cases where there is potential disqualifying information, the Chief Probation Officer (CPO) or designee will indicate rejection or request further investigation by the Background Investigator.
7.   Access to background files is limited to:
   1.  The CPO or designee
   2.  The Probation Department Background Investigator or designee
   3. Others with special permission of the CPO
8.  .Access to background files with a signed Release and Waiver from the person named in the background investigation is limited to:
   1.  Outside Criminal Justice Background Investigators or State Department Background Investigators
9.  Any outside Criminal Justice Agency Background Investigator (CJABI) who reviews a Probation background file must sign, date, and state the purpose on the Background Investigator’s checklist contained in each packet. A copy of the release will be placed in the background file that was reviewed.  The CPO, a Department BGI or the CPO’s designee must be present when any outside CJABI is reviewing one of our background files.
10. Once the CPO or designee reviews the Background Narrative and provides his/her signature, the signature page  is given to the Departmental Personnel Technicians or Supervising Administrative Clerk assigned to handle the applicant’s Department administrative file to initiate the remaining hiring processes.  The Background Narrative will be returned  to the Background Investigator or designee to be  placed in the applicant’s background file.
11. Storage of background files will be overseen by the Probation Department Background Investigator (BGI) or their designee.
    1.  During the background process, background files will be secured in a locked cabinet.  One key shall be provided to the respective SDPO.
    2. Once completed and signed, the files will be scanned and stored on the F-Drive in the background folder, and all documents destroyed. Prior to the destruction of original documents, the file will be verified for accuracy.
    3.  The file will be stored in the same manner regardless of the stage or disposition of the candidacy, ie. whether the applicant has withdrawn after submission of signed documents and live scan completion, approval, or disqualification.
    4. All background files will be scanned and stored in the appropriate F:drive folder, and will be available for viewing, as specified in Section  V.(G) of this Policy.  .
12.  All active employees’ background files will be retained for their period of employment.  Background files will be retained for a minimum of five years after separation from employment, non-selection and/or withdrawal from consideration of employment.  Background Investigations will be purged by document shredding and/or deletion from the F: drive.

VI. EXCLUSIVITY

This policy will remain in effect until superseded or suspended in writing by the Chief Probation Officer and can be reviewed as needed.