Common use of Criminal Justice Information Services Security Policy Clause in Contracts

Criminal Justice Information Services Security Policy. As a service to the courts and as a precaution, council’s staff have implemented a policy of conducting CLETS-level background checks for any of its contractors who would be working in Restricted Areas.2 The council’s Executive Office delegated to EPSCU oversight of background checks for non-council employees working under contract with the council in Restricted Areas. EPSCU worked with the CA DOJ and several council offices to define Restricted Areas, establish a procedure for providing related services, and identify the evaluation criteria that are listed in this policy. WHAT IS THE APPLICATION PROCESS? Council staff are responsible for requesting EPSCU’s services when needed. As part of the initial set‑up process, they will be required to provide EPSCU the following: A project code for chargeback of CA DOJ billing costs; A designated council contact or Contractor contact; and A designated council authorizer (ideally a manager or supervisor). EPSCU and the council’s Human Resources (HR) office share a single Originating Agency Identifier (ORI) number. HR receives the CA DOJ invoices and uses the project code that council staff provide to do chargebacks for the cost of the Contractor background checks. EPSCU will send the EPSCU program procedure to the designated council contact and Contractor contact, as applicable. The council contact and Contractor contact are responsible for explaining the restrictions to the “Applicants.” They are also responsible for providing EPSCU with the following: A background check authorization signed by the Applicant; A completed badge form, authorized by the council authorizer; and A digital photograph of the Applicant that meets the requirements on the badge form. EPSCU will send the council contact or Contractor contact an “Applicant Packet” with the appropriate instructions and forms. The forms are prefilled with the council routing and billing information. The council contact or the Contractor contact gives the Applicant the paperwork so he or she can be fingerprinted. The Applicant should fingerprint within two weeks. It usually takes two weeks to three months for the CA DOJ to provide the background check results. Delays sometimes occur due to poor fingerprint quality, criminal information hits, or erroneous information submitted on the fingerprint transaction. EPSCU will provide the council contact and Contractor contact with information about how Applicants can check the status of their submissions with the CA DOJ. WHAT ARE THE EVALUATION CRITERIA? EPSCU will review the results using the following evaluation criteria, which comply with FBI and CA DOJ regulations. Applicants are not suitable for unescorted access to a Restricted Area if an Applicant’s background check reveals any of the following: A felony conviction of any kind or felony charge pending court disposition (that includes arrest warrant for a felony charge); or Any misdemeanor conviction or charge pending court disposition involving violence, weapons, theft, robbery, burglary, embezzlement, dishonesty, gang activity, drugs (excluding certain misdemeanor marijuana convictions more than two years from the date of such conviction, as specified in California Labor Code section 432.8), or moral turpitude. Crimes of moral turpitude (that are not already described in the criteria above) include: Assaultive crimes involving false imprisonment, discharging a firearm, and shooting at an inhabited dwelling. Drug crimes involving maintaining a drug house, possessing heroin for sale, possessing marijuana for sale, selling drugs, and transporting a controlled substance. Escape crimes involving escape with or without violence and evading a peace officer. Property crimes involving arson, forgery, and receiving stolen property. Sex crimes involving indecent exposure, lewd acts on a child, pimping and pandering, and rape. Weapon crimes involving possessing or conspiring to possess an illegal firearm and possessing a deadly weapon with intent to assault. Other crimes involving bribery, extortion, kidnapping, perjury, and terrorist threat. The following will be reviewed on an individual basis to determine suitability for unescorted access to a Restricted Area: Misdemeanor convictions greater than 10 years old; Felony or misdemeanor arrests without conviction and/or misdemeanor convictions, within the last 10 years that, when taken in total, establish reasonable doubt about the Contractor’s suitability for access; or Outstanding arrest warrants indicating possible fugitive status. WHAT IS THE EVALUATION PROCESS? Because the council qualifies as an Applicant Agency under California law, it receives the criminal record results electronically from the CA DOJ. EPSCU follows the CA DOJ instructions to keep the information secure. It cannot share the criminal record result information.

Criminal Justice Information Services Security Policy. As a service to the courts and as a precaution, council’s staff have implemented a policy of conducting CLETS-level background checks for any of its contractors who would be working in Restricted Areas.2 The council’s Executive Office delegated to EPSCU oversight of background checks for non-council employees working under contract with the council in Restricted Areas. EPSCU worked with the CA DOJ and several council offices to define Restricted Areas, establish a procedure for providing related services, and identify the evaluation criteria that are listed in this policy. WHAT IS THE APPLICATION PROCESS? Council staff are responsible for requesting EPSCU’s services when needed. As part of the initial set‑up process, they will be required to provide EPSCU the following: A project code for chargeback of CA DOJ billing costs; A designated council contact or Contractor contact; and A designated council authorizer (ideally a manager or supervisor). EPSCU and the council’s Human Resources (HR) office share a single Originating Agency Identifier (ORI) number. HR receives the CA DOJ invoices and uses the project code that council staff provide to do chargebacks for the cost of the Contractor background checks. EPSCU will send the EPSCU program procedure to the designated council contact and Contractor contact, as applicable. The council contact and Contractor contact are responsible for explaining the restrictions to the “Applicants.” They are also responsible for providing EPSCU with the following: A background check authorization signed by the Applicant; A completed badge form, authorized by the council authorizer; and A digital photograph of the Applicant that meets the requirements on the badge form. EPSCU will send the council contact or Contractor contact an “Applicant Packet” with the appropriate instructions and forms. The forms are prefilled with the council routing and billing information. The council contact or the Contractor contact gives the Applicant the paperwork so he or she can be fingerprinted. The Applicant should fingerprint within two weeks. It usually takes two weeks to three months for the CA DOJ to provide the background check results. Delays sometimes occur due to poor fingerprint quality, criminal information hits, or erroneous information submitted on the fingerprint transaction. EPSCU will provide the council contact and Contractor contact with information about how Applicants can check the status of their submissions with the CA DOJ. WHAT ARE THE EVALUATION CRITERIA? EPSCU will review the results using the following evaluation criteria, which comply with FBI and CA DOJ regulations. Applicants are not suitable for unescorted access to a Restricted Area if an Applicant’s background check reveals any of the following: A felony conviction of any kind or felony charge pending court disposition (that includes arrest warrant for a felony charge); or Any misdemeanor conviction or charge pending court disposition involving violence, weapons, theft, robbery, burglary, embezzlement, dishonesty, gang activity, drugs (excluding certain misdemeanor marijuana convictions more than two years from the date of such conviction, as specified in California Labor Code section 432.8), or moral turpitude. Crimes of moral turpitude (that are not already described in the criteria above) include: Assaultive crimes involving false imprisonment, discharging a firearm, and shooting at an inhabited dwelling. Drug crimes involving maintaining a drug house, possessing heroin for sale, possessing marijuana for sale, selling drugs, and transporting a controlled substance. Escape crimes involving escape with or without violence and evading a peace officer. Property crimes involving arsonxxxxx, forgery, and receiving stolen property. Sex crimes involving indecent exposure, lewd acts on a child, pimping and pandering, and rape. Weapon crimes involving possessing or conspiring to possess an illegal firearm and possessing a deadly weapon with intent to assault. Other crimes involving bribery, extortion, kidnapping, perjury, and terrorist threat. The following will be reviewed on an individual basis to determine suitability for unescorted access to a Restricted Area: Misdemeanor convictions greater than 10 years old; Felony or misdemeanor arrests without conviction and/or misdemeanor convictions, within the last 10 years that, when taken in total, establish reasonable doubt about the Contractor’s suitability for access; or Outstanding arrest warrants indicating possible fugitive status. WHAT IS THE EVALUATION PROCESS? Because the council qualifies as an Applicant Agency under California law, it receives the criminal record results electronically from the CA DOJ. EPSCU follows the CA DOJ instructions to keep the information secure. It cannot share the criminal record result information.