|
History
In 2003, the US Congress passed the “PROTECT Act” which is a multifaceted law that focuses on the prevention of the exploitation of children. Included in the Act was a pilot program to test out a number of different mechanisms to allow organizations that serve children to have access to timely, inexpensive FBI criminal background checks. That original pilot included three organizations: MENTOR – The National Mentoring Partnership, Boys & Girls Clubs of America, and the National Council on Youth Sports. The pilot was scheduled to end in 2005.
In 2005, the pilot was extended through June 2008, and was opened up to additional organizations that serve children. The American Camp Association was accepted as a partner in the program in July 2006.
What is the Pilot Program?
The pilot program allows participating organizations to submit fingerprints of their volunteers (volunteers only – not paid staff – eventually – the pilot may be expanded to include staff) to the FBI. The FBI sends the criminal records report to the National Center for Missing and Exploited Children (NCMEC). NCMEC reviews the records and makes a determination of whether the volunteer meets the criteria to serve as a volunteer. These criteria were developed by the three original participating organizations, and are accepted by any new participants in the pilot. The camp then receives a determination from NCMEC based on those criteria. The determination will be given in one of the following three formats:
• The volunteer meets the criteria.
• The volunteer may not meet the criteria.
• The volunteer does not meet the criteria.
What are the Criterion Offenses?
Consistent with the provisions of the Protect Act, the original participants in the pilot determined that convictions for the five following crimes will result in a determination that a volunteer “does not meet” the criteria to serve as a volunteer:
• Any felony conviction (and any crime punishable by confinement greater than 1 year).
• Any lesser crime using force or threat of force against a person.
• Any lesser crime in which sexual relations is an element, including “victimless” crimes of a sexual nature.
• Any lesser crime involving controlled substances (not paraphernalia or alcohol).
• Any lesser crime involving cruelty to animals.
A conviction of any of these categories automatically gives the volunteer a determination of “does not meet the criteria”. These categories are defined as criterion offenses. If the individual is a sex offender registrant, they will automatically be given the determination of “does not meet the criteria.”
A volunteer having an arrest of one or more of the criterion offenses with no disposition noted in the criminal history will be assigned the determination of “may not meet the criteria.” Additionally, any charge involving children resulting in a disposition favorable to the volunteer nonetheless with result in a determination of “may not meet the criteria.”
If a volunteer has no criminal history or the crime in which the volunteer was arrested or convicted for is not a criterion offense, or the crime in which the volunteer was charged was a criterion offense and the volunteer was found not guilty, or the case was dismissed (except as noted in the above paragraph) will receive a determination of “meets the criteria.”
Once a camp receives the determination on one of their volunteers, if a volunteer wants to appeal the determination, there is a process for doing so. (More details soon.)
Why this pilot?
Currently, individual states are the gatekeepers of criminal history information and they can decide who can access the information, and who can have access to the FBI’s information. In fact, 34 states bar access to the FBI information! Those that do allow access to the FBI information charge significant fees (ranging from $24 - $59 per person), and have large turn-around times of up to six weeks.
The FBI processes millions of criminal histories every week and generally can turn-around the information in under one day. The FBI, and the members of the original pilot successfully argued to Congress that organizations that serve children should have access to the FBI database – access that is timely, cost-effective and contains all information in the FBI database. The pilot program was designed to figure out the best ways to provide that access. A feasibility study of the pilot is a requirement of the Protect Act. By adding additional organizations to the pilot, more data can be studied and included in the feasibility study. ACA is proud to be included in the pilot.
How much will it cost? How long will it take?
Camps will pay $18 per volunteer to submit the fingerprints into the pilot and receive the determination back from NCMEC. Turn around time – from the time your fingerprints are received to the time you get the determinations will be approximately 7 business days.
How will it all work?
ACA is in the process of setting up the protocols
with the FBI and NCMEC. Details and finalization
of the processes are expected in mid October
2006.
|
