Ariz. Rev. Stat. § 41-2814 – Fingerprinting; direct contact with committed youth; exception; violation; classification; definitions

A. Each employee of the department and any licensee or contract service provider, employee of any licensee or contract service provider and each volunteer who has unsupervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department shall be fingerprinted and is subject to a criminal history records check pursuant to section 41-1750, subsection G, paragraph 1. These individuals shall submit fingerprints and the form prescribed in subsection G of this section within ten days before the date of unsupervised direct contact with committed youth. Unsupervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department is conditioned on the results of the fingerprint check.
B. Each employee of a licensee or contract service provider, each contractor and licensee, and each volunteer who has supervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department is subject to a criminal history records check pursuant to section 41-1750, subsection G, paragraph 16. A visitor who has supervised direct contact with committed youth inside a secure care facility under the jurisdiction of the department is subject to a criminal history records check pursuant to section 41-1750, subsection G, paragraph 16. A person's entry into a secure care facility under the jurisdiction of the department is conditioned on the results of the criminal history records check pursuant to this subsection.
C. Except as provided in subsection A of this section, a paid or unpaid employee of a licensee or contract service provider who has direct contact with committed youth outside of a secure care facility shall submit the form prescribed in subsection G of this section and 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 after beginning employment. Direct contact with committed youth pursuant to this subsection is conditioned on the results of the fingerprint and criminal history records check pursuant to section 41-1750, subsection G, paragraphs 1 and 16.
D. 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 meets either of the following:
1. 1. Certifies pursuant to subsection G of this section that the individual is awaiting trial on or has been convicted of or has attempted or committed any of the offenses listed in subsection G of this section in this jurisdiction or acts committed in another jurisdiction that would be offenses in this jurisdiction.
2. 2. Is required to possess a valid fingerprint clearance card pursuant to subsection C of this section and does not possess or is denied issuance of a valid fingerprint clearance card.
E. A contract service provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if an individual who does not possess or has been denied issuance of a valid fingerprint clearance card as required by subsection C of this section or who certifies pursuant to subsection G of this section that the individual has been convicted of or is awaiting trial on or has attempted or committed any of the offenses listed in subsection G, 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 service provider or licensee in any capacity requiring or allowing direct contact with committed youth.
F. A contract service provider or licensee may avoid cancellation or termination of the contract or license under subsection D of this section if an individual who does not possess or has been denied issuance of a valid fingerprint clearance card as required by subsection C of this section or who certifies pursuant to subsection G of this section that the individual has been convicted of or is awaiting trial on or has attempted or committed any of the offenses listed in subsection G, 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 service provider or licensee in any capacity requiring or allowing direct contact with committed youth, unless the person is granted a good cause exception pursuant to section 41-619.55.
G. Each individual who is listed in subsections A and B of this section and who has direct contact with committed youth and each individual who is listed in subsection C of this section shall certify on forms provided by the department whether the individual is awaiting trial on or has ever been convicted of or has attempted or committed any of the following criminal offenses in this state or similar offenses in another state or jurisdiction:
1. 1. Sexual abuse or sexual harassment of a minor.
2. 2. Incest.
3. 3. First or second degree murder.
4. 4. Kidnapping.
5. 5. Arson.
6. 6. Sexual assault.
7. 7. Sexual exploitation of a minor.
8. 8. Contributing to the delinquency of a minor.
9. 9. Commercial sexual exploitation of a minor.
10. 10. Any offense 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. 11. Any offense involving the possession or use of marijuana, dangerous drugs or narcotic drugs.
12. 12. Burglary.
13. 13. Aggravated or armed robbery.
14. 14. Robbery.
15. 15. A dangerous crime against children as defined in section 13-705.
16. 16. Child abuse.
17. 17. Sexual conduct with a minor.
18. 18. Molestation of a child.
19. 19. Manslaughter.
20. 20. Assault or aggravated assault.
21. 21. Exploitation of minors involving drug offenses.
22. 22. A violation of section 28-1381, 28-1382 or 28-1383.
23. 23. Any offense involving domestic violence.
H. 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.
I. 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.
J. Except as provided in this subsection, the department may not allow an individual who is listed in subsections A, B and C of this section and who is awaiting trial on or who has committed, attempted or been convicted of a felony offense pursuant to subsection G of this section to have supervised or unsupervised direct contact with committed youth. Notwithstanding subsections A, B, C, and D of this section, the director may allow an individual who is listed in subsections A, B and C of this section and who has been convicted of an offense listed in subsection G, paragraph 5, 10, 11, 12, 13, 14, 19, 20, 22 or 23 of this section to have supervised direct contact with committed youth if the director finds that the individual is successfully rehabilitated. In determining whether an individual is successfully rehabilitated, the director:
1. 1. May require the individual to disclose evidence regarding substantiated allegations of neglect or child or vulnerable adult abuse pursuant to section 13-3623.
2. 2. Shall consider all of the following:
  1. (a) The extent of the individual's criminal record.
  2. (b) The length of time that has elapsed since the offense was committed.
  3. (c) The nature of the offense.
  4. (d) Any applicable mitigating circumstances.
  5. (e) The extent of the individual's rehabilitation, including:
    1. (i) The completion of probation, parole or community supervision.
    2. (ii) Whether the individual paid restitution or any other compensation for the offense.
    3. (iii) Any evidence of positive action to change criminal behavior, including completion of a drug treatment program or counseling.
    4. (iv) Any personal references attesting to the individual's rehabilitation.
K. The department of juvenile corrections shall notify the department of public safety if the department of juvenile corrections receives credible evidence that an individual who possesses a valid fingerprint clearance card either:
1. 1. Is arrested for or charged with an offense listed in section 41-1758.03, subsection B.
2. 2. Falsified information on the form required by subsection G of this section.
L. An individual who makes a false statement, representation or certification in an application for employment with the department is guilty of a class 3 misdemeanor.
M. For the purposes of this section:
1. 1. "Direct contact" means supervised or unsupervised contact with committed youth.
2. 2. "Employee" means paid and unpaid personnel who have direct contact with committed youth.
3. 3. "Supervised" means in the presence of a department employee.
4. 4. "Unsupervised" means outside the presence of a department employee.