Rule 105-2-.10 - Background Checks Required for All Individuals (directors and/or owners, probation officers, administrative employees, agents, interns, or volunteers)All individuals of a probation entity are required to have a criminal background check completed by the Department of Community Supervision in accordance with O.C.G.A. § 35-3-34. MPOU may also require criminal records checks at any point during employment, registration, compliance audits, or complaints. MPOU shall report to the probation entity the results of the criminal background checks for all individuals associated with that probation entity.
(a) Probation entities are responsible for fingerprinting new individuals through GAPS within 10 days of hire.(b) All individuals of a probation entity are required to report any arrests within 48 hours to MPOU and the director of the employing entity.(c) No person may fill any of the positions listed above who has engaged in any of the following conduct: 1. Intentionally falsified, misrepresented, or omitted pertinent information while completing the employment application, preliminary interview questionnaires, polygraph or any other pre-employment document(s);2. Deliberately made inaccurate, misleading, false, or fraudulent statements during the employment process;3. Failed to meet required educational or professional licensing or certification (if applicable);4. Has any felony conviction;5. Has any outstanding misdemeanor or felony charge pending adjudication;6. Has sufficient misdemeanor convictions to establish a pattern of disregard for the law;7. Engaged in any crime of a serious or aggravated nature;8. Convicted or plead nolo contendere within the past three (3) years for Driving Under the Influence of Drugs or Alcohol (DUI) or for any serious traffic offense, including, but not limited to: Fleeing or Attempting to Elude a Police Officer, Vehicular Homicide, Failure to Stop, Render Aid, or Leave Information, and Racing;9. Has 5 or more convictions and/or pleas of nolo contendere within the past 2 years for any moving violations;10. Ongoing criminal activity or history of criminal activity other than minor traffic offenses;11. Completed first offender sentence for an offense that indicates a security risk;12. Engaged in any illegal drug use within the past 12 months;13. Any pattern of marijuana use that suggests un-rehabilitated substance abuse;14. Any pattern of drug use, other than marijuana, that suggests unrehabilitated substance abuse within the past 3 years;15. Illegal sale, distribution or manufacturing (to include growing) of any drug;16. Deliberate association of a personal nature within the past year with persons who use illegal drugs in the presence of the applicant;17. Use of any prescription drug or legally obtainable substance in a manner for which it was not intended and/or;18. Under sanction by Peace Officer Standards and Training (P.O.S.T).Ga. Comp. R. & Regs. R. 105-2-.10
O.C.G.A. §§ 42-8-106.1, 42-8-107, 42-8-109.3, 42-8-109.4.
Original Rule entitled "Background Checks Required for All Individuals (directors and/or owners, probation officers, administrative employees, agents, interns, or volunteers)" adopted. F. Jan. 25, 2017; eff. Feb. 14, 2017.Amended: F. Jan. 3, 2019; eff. Jan. 23, 2019.