No. 43218 (Amendment): Rule R251-105. Applicant Qualifications for Employment with Department of Corrections

(Amendment)

DAR File No.: 43218
Filed: 09/19/2018 01:26:13 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide policies and procedures for the screening, testing, interviewing, and selecting of applicants for Department of Corrections employment. A minor change is needed to reflect evolving practices.

Summary of the rule or change:

The words "dishonesty", "use", and "possession" have been stricken from Section R251-105-3 in the "General Requirements" area, which reflects old practices. An applicant is no longer categorically disqualified from employment in the event of a past minor infraction.

Statutory or constitutional authorization for this rule:

Section 64-13-25
Section 63G-3-201
Section 64-13-10

Anticipated cost or savings to:

the state budget:

There could be minor savings in terms of cost-avoidance by enabling broadened hiring practices and minimizing some of the mandatory overtime for officers working at the prison.

local governments:

Some local agencies have similar practices in place today. Local governments may actually benefit by gaining highly-trained officers down the road, since many applicants and new cadets in state corrections often eventually merge over to county or city employment after working for some time with the state. This is not expected to markedly increase competition for new correctional officers between the state and county facilities, particularly where this rule change is just formalizing today's practices.

small businesses:

There should not be an impact since corrections does not compete with small businesses. There are no privately run facilities in the state.

persons other than small businesses, businesses, or local governmental entities:

Future applicants could be impacted by having increased opportunities for these positions in spite of minor infractions.

Compliance costs for affected persons:

There is no additional compliance cost necessary to achieve this amendment.

Comments by the department head on the fiscal impact the rule may have on businesses:

This will continue to enable the hiring of more correctional officers and potentially cut down on some of the need for mandatory overtime among current officers, particularly given the nation-wide shortage of new hires in this particular field. It is anticipated this will occur without detriment to the high caliber of individuals being hired in this important position, particularly where there are still other disqualifiers for certain criminal histories that would be a concern to an individual potentially working in this field. Additional checks and balances exist to screen out individuals who are not mentally, physically or emotionally ready for the realities and rigor involved in this line of work.

Michael Haddon, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Corrections
Administration
14717 S MINUTEMAN DR
DRAPER, UT 84020-9549

Direct questions regarding this rule to:

Steve Gehrke at the above address, by phone at 801-545-5617, by FAX at , or by Internet E-mail at sgehrke@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2018

This rule may become effective on:

11/21/2018

Authorized by:

Michael Haddon, Executive Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Person

Total Fiscal Costs:

Fiscal Benefits

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

Net Fiscal Benefits:

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non-Small Businesses are described in Appendix 2.

Appendix 2: Regulatory Impact to Non-Small Businesses

There are 0 (zero) non-small businesses in the industry in question in Utah. These rule changes are not expected to have any fiscal impacts on non-small businesses' revenues or expenditures because there are no businesses that provide the same services or employ people in this line of work.

The head of the Utah Department of Corrections. Michael Haddon, has reviewed and approved this fiscal analysis.

R251. Corrections, Administration.

R251-105. Applicant Qualifications for Employment with Department of Corrections.

R251-105-1. Authority and Purpose.

(1) This rule is authorized by Section 63G-3-201, 64-13-10, and 64-13-25.

(2) The purpose of this rule is to provide policies and procedures for the screening, testing, interviewing, and selecting of applicants for Department of Corrections employment.

R251-105-2. Definitions.

(1) "Department" means Utah Department of Corrections.

(2) "POST" means Peace Officer Standards and Training.

R251-105-3. General Requirements.

It is the policy of the Department that applicants for employment:

(1) shall, for POST-certified positions, be a citizen of the United States;

(2) shall, for POST-certified positions, be a minimum of 21 years of age;

(3) shall, as a minimum, be the holder of a high school diploma or furnish evidence of successful completion of an examination indicating an equivalent achievement;

(4) may be required to pass pre-employment tests depending on position requirements;

(5) shall be free from any physical, emotional, or mental conditions which would prevent the applicant from performing the essential functions of the job;

(6) shall not have been convicted of a crime for which the applicant could have been imprisoned in a penitentiary of this or another state and shall not have been convicted of an offense involving [~~dishonesty,~~ ]unlawful sexual conduct, physical violence, or the unlawful [~~use,~~ ]sale [~~or possession~~ ]of a controlled substance. This subsection may not apply to all positions;

(7) shall, if required, become a POST-certified officer and maintain certification through successful completion of at least 40 hours of POST training per fiscal year; and

(8) may undergo a background investigation which may include verification of personal history, employment history and criminal records check.

R251-105-4. Disqualification of Applicants.

(1) Applicants may be disqualified for failure:

(a) to meet education or experience qualifications;

(b) to appear for testing or interviews; or

(2) Applicants may be disqualified if found to be unsuitable for Department employment as indicated by a background investigation or psychological evaluation.

(3) Falsification of application is grounds for denying employment or for terminating employment if discovered after the applicant is hired.

(4) Disqualified applicants shall be notified in writing.

KEY: corrections, employment, prisons

Date of Enactment or Last Substantive Amendment: [~~February 26, 2009~~]2018

Notice of Continuation: September 30, 2013

Authorizing, and Implemented or Interpreted Law: 63-46a-3; 64-13-10; 64-13-25