D.C. Mun. Regs. tit. 6, r. 6-B417

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-B417 - ASSESSING CRIMINAL HISTORIES

417.1

Upon receipt, the program administrator shall review an individual's criminal history.

417.2

The program administrator shall assess any derogatory information within the criminal history and determine whether the individual, if serving in the position, would pose a present danger to children or youth, the public or other District employees; or would pose a threat to the integrity of District government operations.

417.3

All criminal convictions shall be considered when assessing suitability based on a criminal history.

417.4

The program administrator must evaluate an individual's criminal history to determine whether he or she is suitable for District service. To make this determination, the program administrator shall consider each criminal offense in the context of:

(a) The specific duties and responsibilities of the position;

(b) The bearing, if any, the derogatory information has to those duties and responsibilities;

(c) The length of time that has passed since the criminal offense(s);

(d) The age of the individual at the time of the criminal offense(s);

(e) The frequency and seriousness of the criminal offense(s);

(f) Any mitigating information provided by the individual in response to the derogatory information;

(g) The contributing social or environmental conditions; and

(h) The District's policy favoring re-entry of ex-offenders into its work force.

417.5

Notwithstanding any other provision of this chapter, no individual may hold a position that has direct unsupervised contact with children or youth, if he or she has been charged with any sexual offense(s) involving minors, and for such offense(s):

(a) Was convicted, pleaded guilty, pleaded nolo contendere, placed on probation before judgment, or otherwise placed on a stet docket; or

(b) Was found not guilty by reason of insanity.

D.C. Mun. Regs. tit. 6, r. 6-B417

As amended by Final Rulemaking published at 55 DCR 724 (January 25, 2008); amended by Final Rulemaking published at 62 DCR 13820 (10/23/2015); amended by Final Rulemaking published at 65 DCR 12445 (11/9/2018)