Many corrections agencies, particularly community confinement agencies, place their inmates or residents in employment settings off-site. In many cases, there is no explicit contractual arrangement between the correctional agency and the employer. However, these employers have significant contact with inmates or residents. In some cases, inmates or residents are sent to other correctional facilities during the day to work. Are there any circumstances in which off-site supervisors would be subject to either the criminal background records check requirements of standard 115.17 (115.117/115.217/115.317) or the contractor training requirements of standard 115.32 (115.132/115.232/115.332)?
In interpreting the standards requiring training and background checks for non-facility staff who have significant contact with inmates or residents, it is appropriate to limit those requirements to individuals who provide services on the facility campus. Inmates or residents who go off-site for work, programming, or other services often are under the supervision of facility staff while off-site. In other cases, the inmates or residents have unsupervised access to the community while off-site, such as in a work-release program. In either of these situations, inmates or residents should have the opportunity to report or seek assistance with regard to any off-site abuse or violations, either when the inmate or resident is out in the community or when the inmate or resident returns to the facility. Moreover, requiring background checks and training for all off-site providers or employers could severely limit the inmates’ or residents’ access to these programs.
Revised September 28, 2015. Original posting date July 3, 2014.