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13 AAC 85.210. Basic employment standards for probation, parole, and correctional officers

(a) A person may not be hired as a probation, parole, or correctional officer unless the person meets the following minimum qualifications at the time of hire:

(1) is a citizen of the United States;

(2) is 21 years of age or older;

(3) is of good moral character;

(4) has a high school diploma recognized by a state, has a diploma from a home school program recognized or certified by a state or by a local school district within a state as having met that state's graduation requirements, or has passed a General Educational Development (GED) test;

(5) is certified by a licensed physician, advanced practice registered nurse, or physician assistant on a medical record form supplied by the council to be physically capable of performing the essential functions of the job of probation, parole, or correctional officer;

(6) has taken the Department of Corrections' psychological screening examination and is mentally capable of performing the essential functions of the job of probation, parole, or correctional officer and is free from any emotional disorder that may adversely affect the person's performance as a probation, parole, or correctional officer.

(b) A person may not be hired as a probation, parole, or correctional officer if that person

(1) has been convicted of any felony or a misdemeanor crime of domestic violence by a civilian court of this state, the United States, or another state or territory, or by a military court;

(2) has been convicted by a civilian court of this state, the United States, or another state or territory, or by a military court, during the 10 years immediately before the date of hire as a probation, parole, or correctional officer, of a crime of dishonesty or crime of moral turpitude, of a crime that resulted in serious physical injury to another person, or of two or more DUI offenses;

(3) has illegally manufactured, transported, or sold a controlled substance, unless the person was under the age of 21 at the time of the act and the act occurred more than 10 years before the date of hire;

(4) within the five years before the date of hire, has illegally used a Schedule IA, IIA, IIIA, IVA, or VA controlled substance, unless

(A) the person was under the age of 21 at the time of using the controlled substance; or

(B) an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IVA, or VA controlled substance not specifically prescribed to the person;

(5) within the one year before the date of hire, has used marijuana, unless the person was under the age of 21 at the time of using marijuana;

(6) has been denied certification, has had the person's basic certificate revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, unless the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.270 or by the responsible certifying agency of the issuing jurisdiction; or

(7) is under suspension of a basic certificate in another jurisdiction, for the period of the suspension, unless the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction.

(c) A person hired as a probation, parole, or correctional officer may not remain employed in that position without written confirmation from the Department of Corrections, submitted within 90 days after the date of hire, that the person meets the standards of (a) and (b) of this section. The council will grant an extension of the 90-day period, upon a written request by the Department of Corrections that explains the reason the extension is necessary, and if the council determines that the person will probably be able to meet the standards by the end of the extension period. If the Department of Corrections concludes at the end of an investigation that a person does not meet the required standards, the person may not continue employment as a probation, parole, or correctional officer and the Department of Corrections shall notify the council on a form provided by the council. For purposes of determining whether a person meets the standards of (a) and (b) of this section,

(1) the following information must be provided:

(A) proof of age, citizenship status, and applicable education;

(B) fingerprints on two copies of FBI Applicant Card FD-258; both cards must be forwarded to the automated fingerprint identification section of the Department of Public Safety;

(C) a complete personal history of the person on a form supplied by the council;

(D) a complete medical history report of the person; the report must be provided to a licensed physician, advanced practice registered nurse, or physician assistant for use in conducting a physical examination of the person;

(E) information as to whether the person

(i) has been denied certification, has had the person's basic certificate revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, and whether the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.270 or by the responsible certifying agency of the issuing jurisdiction; or

(ii) is under suspension of a basic certificate in another jurisdiction, for the period of the suspension, and whether the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction;

(2) a thorough personal-history investigation of the person must be conducted to determine character traits and habits indicative of moral character and fitness as a probation, parole, or correctional officer; the investigation must include a check of

(A) criminal history;

(B) wants and warrants;

(C) job references from at least three previous employers unless the person has had less than three previous jobs;

(D) job references from all previous law enforcement or criminal justice system employers in the preceding 10 years; and

(E) at least two personal references; and

(3) the person must take the Department of Corrections' psychological screening examination and the person must undergo an examination by a licensed psychiatrist or psychologist.

(d) All information, documents, and reports provided or developed under (c) of this section must be placed in the permanent files of the Department of Corrections and must be available for examination, at any reasonable time, by representatives of the council. A copy of any criminal record discovered and of the following completed council forms must be sent to the council within 90 days after the date of each hire:

(1) the medical examination report;

(2) the health questionnaire;

(3) the personal history statement;

(4) the psychological screening report;

(5) verification of a psychological or psychiatric examination report; and

(6) the compliance form to record an agency's compliance with (c)(1) - (3) of this section.

(e) A probation, parole, or correctional officer must begin field training, using the Department of Corrections Field Training Manual, immediately after the date the officer is hired. The Field Training Manual must be completed and sent to the council within 12 months after the date the officer began work with the department.

(f) The information in the council's files regarding an applicant or a probation, parole, or correctional officer is confidential, and available only for use by the council in carrying out the requirements of AS 18.65.130 - 18.65.290 and the regulations adopted under AS 18.65.130 - 18.65.290. However, training records and the documents listed in (c) and (d) of this section relating to an applicant or a probation, parole, or correctional officer may be reviewed by the applicant or officer. Information that indicates that a person might not qualify for certification as an officer, or that adversely reflects upon a person's ability to be a competent officer may be furnished by the council to a correctional agency. An officer or applicant may not review information in the council's files that was supplied to the council with the understanding that the information or the source of the information would remain confidential, except that any information that serves as the basis for a decision to deny or revoke certification will be revealed to the officer or applicant.

(g) If the signature of the officer or applicant is required on a council form, the signature must be under oath or affirmation and must be accompanied by a statement by the officer or applicant that the information supplied is true, to the best of the person's knowledge and acknowledging that the council will use the information on the forms for purposes of determining the applicant's eligibility for employment and certification.

History: Eff. 8/8/90, Register 115; am 10/24/92, Register 124; am 8/5/95, Register 135; am 7/15/98, Register 147; am 2/20/99, Register 149; am 8/16/2000, Register 155; am 3/25/2001, Register 157; am 4/12/2001, Register 158; am 8/8/2007, Register 183; am 2/13/2010, Register 193; am 9/24/2016, Register 219; an 9/1/2017, Register 223

Authority: AS 18.65.220

AS 18.65.242

AS 18.65.248

13 AAC 85.215. Basic employment standards for municipal correctional officers

(a) A person may not be hired as a municipal correctional officer unless the person meets the following minimum qualifications at the time of hire:

(1) is a citizen of the United States;

(2) is 19 years of age or older;

(3) is of good moral character;

(4) is capable of reading and understanding operational rules and policies, and has demonstrated the ability to apply them;

(5) is certified by a licensed physician, advanced practice registered nurse, or physician assistant on a medical record form supplied by the council to be physically capable of performing the essential functions of the job of municipal correctional officer;

(6) is mentally and emotionally capable of performing the essential functions of the job of municipal correctional officer and is free from any emotional disorder that may adversely affect the person's performance as a municipal correctional officer.

(b) A person may not be hired as a municipal correctional officer if that person

(1) has been convicted of any felony or a misdemeanor crime of domestic violence by a civilian court of this state, the United States, or another state or territory, or by a military court;

(2) has been convicted by a civilian court of this state, the United States, or another state or territory, or by a military court, during the three years immediately before the date of hire as a municipal correctional officer, of a crime of dishonesty or crime of moral turpitude, of a crime that resulted in serious physical injury to another person, or of two or more DUI offenses;

(3) has been convicted by a civilian court of this state, the United States, or another state or territory, or by a military court, of the sale, manufacture, transport, or possession for purposes of sale, manufacture, or transport of a controlled substance;

(4) within the three years before the date of hire, has illegally used a Schedule IA, IIA, IIIA, IVA, or VA controlled substance, unless

(A) the person was under the age of 21 at the time of using the controlled substance; or

(B) an immediate, pressing, or emergency medical circumstance existed to justify the use of a prescription Schedule IA, IIA, IIIA, IVA, or VA controlled substance not specifically prescribed to the person;

(5) has been denied certification, has had the person's basic certificate revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, unless the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.270 or by the responsible certifying agency of the issuing jurisdiction; or

(6) is under suspension of a basic certificate in another jurisdiction, for the period of the suspension, unless the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction.

(c) A person hired as a municipal correctional officer may not remain employed in that position without written confirmation from the municipality, submitted within 30 days after the date of hire, that the person meets the standards of (a) and (b) of this section. The council will grant an extension of the 30-day period, upon a written request by the municipality that explains the reason the extension is necessary, and if the council determines that the person will probably be able to meet the standards by the end of the extension period. If a municipality concludes at the end of an investigation that a person does not meet the required standards, the person may not continue employment as a municipal correctional officer. For purposes of determining whether a person meets the standards of (a) and (b) of this section,

(1) the following information must be provided:

(A) proof of age, citizenship status, and applicable education;

(B) fingerprints on two copies of FBI Applicant Card FD-258; both cards must be forwarded to the automated fingerprint identification section of the Department of Public Safety;

(C) a complete personal history of the person on a form supplied by the council;

(D) a complete medical history report of the person; the report must be provided to a licensed physician, advanced practice registered nurse, or physician assistant for use in conducting a physical examination of the person;

(E) information as to whether the person

(i) has been denied certification, has had the person's basic certificate revoked, or has surrendered the person's basic certificate, in this state or another jurisdiction, and whether the denial, revocation, or surrender has been rescinded by the council under 13 AAC 85.270 or by the responsible certifying agency of the issuing jurisdiction; or

(ii) is under suspension of a basic certificate in another jurisdiction, for the period of the suspension, and whether the suspension has been rescinded by the responsible certifying agency of the issuing jurisdiction; and

(2) a thorough personal-history investigation of the person must be conducted to determine character traits and habits indicative of moral character and fitness as a municipal correctional officer; the investigation must include a check of

(A) criminal history;

(B) wants and warrants;

(C) job references from at least three previous employers unless the person has had less than three previous jobs; and

(D) at least two personal references.

(d) All information, documents, and reports provided or developed under (c) of this section must be placed in the permanent files of the municipality and must be available for examination, at any reasonable time, by representatives of the council. A copy of any criminal record discovered and of the following completed council forms must be sent to the council within 30 days after the date of each hire:

(1) the medical examination report;

(2) the health questionnaire;

(3) the personal history statement; and

(4) the compliance form to record an agency's compliance with (c)(1) and (2) of this section.

(e) A municipal correctional officer must begin field training, using the Department of Corrections Municipal Correctional Officers Field Training Manual, immediately after the date the officer is hired. The Municipal Correctional Officers Field Training Manual must be completed and sent to the council within six months after the date the officer began work with the municipality.

(f) Except if the employing municipality by ordinance makes that information public, the information in the council's files regarding an applicant or a municipal correctional officer is confidential, and available only for use by the council in carrying out the requirements of AS 18.65.130 - 18.65.290 and 13 AAC 85.200 - 13 AAC 85.280. However, training records and the documents listed in (c) and (d) of this section relating to an applicant or a municipal correctional officer may be reviewed by the applicant or the officer. Information that indicates that a person might not qualify for certification as an officer, or that adversely reflects upon a person's ability to be a competent officer may be furnished by the council to a correctional agency. An officer or applicant may not review information in the council's files that was supplied to the council with the understanding that the information or the source of the information would remain confidential, except that any information that serves as the basis for a decision to deny or revoke certification will be revealed to the officer or applicant.

(g) If the signature of the officer or applicant is required on a council form, the signature must be under oath or affirmation and must be accompanied by a statement by the officer or applicant that the information supplied is true, to the best of the person's knowledge.

History: Eff. 4/12/2001, Register 158; am 6/13/2002, Register 162; am 8/8/2007, Register 183; am 2/13/2010, Register 193; am 9/24/2016, Register 219

Authority: AS 18.65.220

AS 18.65.242

AS 18.65.248

AS 18.65.285

13 AAC 85.220. Permanent employment for probation, parole, correctional, and municipal correctional officers

(a) A person may not be granted permanent status as a

(1) probation, parole, or correctional officer unless the person has a current basic certificate issued by the council under 13 AAC 85.230; or

(2) municipal correctional officer unless the person has a current basic certificate issued by the council under 13 AAC 85.235.

(b) Unless an extension is granted under (c) of this section, a person may not be employed for more than 14 consecutive months as a

(1) probation, parole, or correctional officer without a current basic certificate issued by the council under 13 AAC 85.230; or

(2) municipal correctional officer without a current basic certificate issued by the council under 13 AAC 85.235.

(c) The council will grant an extension for employment for longer than 14 months if the chief administrative officer of the correctional agency makes a written request for extension. Additionally, an extension will be granted to allow an officer to complete the necessary training if the written request for extension states that the officer is unable to do so in the first 14 months of employment because of illness, injury, or family emergency. An extension may not exceed six months.

History: Eff. 8/8/90, Register 115; am 8/16/2000, Register 155; am 4/12/2001, Register 158

Authority: AS 18.65.220

AS 18.65.242

AS 18.65.248

AS 18.65.285

13 AAC 85.230. Basic certificate for probation, parole, and correctional officers

(a) The council will issue a basic certificate to a probation, parole, or correctional officer meeting the standards set out in this section. No certificate will be issued unless documents required under 13 AAC 85.210 are submitted to the council.

(b) To be eligible for the award of a basic correctional officer certificate, an applicant must

(1) successfully complete the Department of Corrections basic correctional officer training program meeting the standards set out in 13 AAC 87.050 and field training required by 13 AAC 85.210;

(2) be a full-time, paid correctional officer of a correctional agency in Alaska;

(3) have worked 12 consecutive months as a correctional officer on a probationary status with the correctional agency where the applicant is employed at the time of application for certification;

(4) meet the basic employment standards set out in 13 AAC 85.210; and

(5) attest and subscribe to the correctional, probation, and parole officer Code of Ethics.

(c) To be eligible for the award of a basic probation or parole officer certificate, an applicant must

(1) successfully complete the Department of Corrections basic probation and parole officer training program meeting the standards set out in 13 AAC 87.050 and field training required by 13 AAC 85.210;

(2) be a full-time, paid probation or parole officer of the Department of Corrections;

(3) have worked 12 consecutive months on a probationary status with the Department of Corrections as a probation or parole officer;

(4) meet the basic employment standards set out in 13 AAC 85.210; and

(5) attest and subscribe to the correctional, probation, and parole officer Code of Ethics.

(d) The correctional, probation, and parole officer Code of Ethics is:

As a correctional, probation, or parole officer, my fundamental duty is to respect the dignity and individuality of all people, to provide professional and compassionate service, and to be unfailingly honest. I will not discriminate against any person on the basis of race, religion, color, national origin, sex, age, physical or mental disability, marital status, changes in marital status, or pregnancy or parenthood, and will respect and protect the civil and legal rights of all inmates, probationers, and parolees. I will respect the right of the public to be safeguarded from criminal activity, and will be diligent in recording and making available for review all case information that could contribute to sound decisions affecting the public safety, or an inmate, probationer, or parolee. I will maintain the integrity of private information, and will neither seek personal data beyond that needed to perform my duties, nor reveal case information to anyone not having a proper professional use for the information. In making public statements, I will clearly distinguish between those that are my personal views and those that are made on behalf of the agency. I will not use my official position to secure privileges or advantages for myself, and will not accept any gift or favor that implies an obligation inconsistent with the objective exercise of my professional duties. I will not act in my official capacity in any matter in which I have a personal interest that could in the least degree impair my objectivity. I will not engage in undue familiarity with inmates, probationers, or parolees. I will report any corrupt or unethical behavior of a fellow correctional, probation, or parole officer that could affect either an inmate, probationer, or parolee, or the integrity of the agency, but will not make statements critical of colleagues or other criminal justice agencies unless the underlying facts are verifiable. I will respect the importance of, and cooperate with, all elements of the criminal justice system, and will develop relationships with colleagues to promote mutual respect for the profession and improvement of the quality of service provided.

(e) The council will recognize college credits or degrees awarded by an institution of higher learning towards satisfaction, in whole or in part, of the minimum number of hours required under 13 AAC 87.060 (a), if

(1) those credits or degrees are shown, to the council's satisfaction, to provide instruction in subject areas described in 13 AAC 87.060 that is substantially equivalent to a training program that has received certification under 13 AAC 87.050; and

(2) the institution is accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.

History: Eff. 8/8/90, Register 115; am 6/13/2002, Register 162; am 9/24/2016, Register 219

Authority: AS 18.65.220

AS 18.65.242

AS 18.65.248

13 AAC 85.235. Basic certificate for municipal correctional officers

(a) The council will issue a basic certificate to a municipal correctional officer meeting the standards set out in this section. The council will not issue a certificate unless documents required under 13 AAC 85.215 are submitted to the council.

(b) To be eligible for the award of a basic municipal correctional officer certificate, an applicant must

(1) successfully complete the Department of Corrections basic municipal correctional officer training program meeting the standards set out in 13 AAC 87.075 and field training required by 13 AAC 85.215;

(2) be a full time, paid municipal correctional officer employed by a correctional agency in the state;

(3) have worked 12 consecutive months as a municipal correctional officer on a probationary status with the municipality where the applicant is employed at the time of application for certification;

(4) meet the minimum employment standards set out in 13 AAC 85.215; and

(5) attest and subscribe to the municipal correctional officer Code of Ethics.

(c) The municipal correctional officer Code of Ethics is: As a municipal correctional officer, my fundamental duty is to respect the dignity and individuality of all people, to provide professional and compassionate service, and to be unfailingly honest. I will respect the right of the public to be safeguarded from criminal activity, and will be diligent in recording and making available for review all case information that could contribute to sound decisions affecting the public safety, or an inmate. I will not unlawfully discriminate against any person on the basis of race, religion, color, national origin, gender, sexual orientation, age, physical or mental disability, marital status, changes in marital status, or pregnancy or parenthood, and will respect the civil and legal rights of all inmates. I will maintain the integrity of private information, and will neither seek personal data beyond that needed to perform my duties, nor reveal case information to anyone not having a proper professional use for the information. In making public statements, I will clearly distinguish between those that are my personal views and those that are made on behalf of the agency. I will not use my official position to secure privileges or advantages for myself, and will not accept any gift or favor that implies an obligation inconsistent with the objective exercise of my professional duties. I will not act in my official capacity in any matter in which I have a personal interest that could in the least degree impair my objectivity. I will not engage in undue familiarity with inmates. I will report any corrupt or unethical behavior of a fellow municipal correctional officer that could affect either an inmate or the integrity of the agency, but will not make statements critical of colleagues or other criminal justice agencies unless the underlying facts are verifiable. I will respect the importance of, and cooperate with, all elements of the criminal justice system, and will develop relationships with colleagues to promote mutual respect for the profession and improvement of the quality of service provided.

(d) The council will recognize college credits or degrees awarded by an institution of higher learning towards satisfaction, in whole or in part, of the minimum number of hours required under 13 AAC 87.080 (a), if

(1) those credits or degrees are shown, to the council's satisfaction, to provide instruction in subject areas described in 13 AAC 87.080 that is substantially equivalent to the instruction required as part of a municipal correctional officer training program that has received certification under 13 AAC 87.075; and

(2) the institution is accredited by a regional or national accrediting agency recognized by the United States Secretary of Education.

History: Eff. 4/12/2001, Register 158; am 6/13/2002, Register 162; am 9/24/2016, Register 219

Authority: AS 18.65.220

AS 18.65.242

AS 18.65.248

AS 18.65.285

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