[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR97.11]

[Page 415-416]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 97--STANDARDS FOR PRIVATE ENTITIES PROVIDING PRISONER OR DETAINEE SERVICES--Table of Contents
 
Sec. 97.11  Pre-employment screening.

    Private prisoner transport companies must adopt pre-employment 
screening measures for all potential employees. The pre-employment 
screening measures must include a background check and a test for use of 
controlled substances. The failure of a potential employee to pass 
either screening measure will act as a bar to employment.
    (a) Background checks must include:
    (1) A fingerprint-based criminal background check that disqualifies 
persons with either a prior felony conviction or a State or Federal 
conviction for a misdemeanor crime of domestic violence as defined in 18 
U.S.C. 921;
    (2) A Credit Report check;
    (3) A physical examination; and
    (4) A personal interview.
    (b) Testing for controlled substances. (1) Pre-employment testing 
for controlled substances must be in accordance with applicable State 
law.
    (2) In the event that there is no applicable State law, pre-
employment testing for controlled substances must be in accordance with 
the provisions of Department of Transportation regulations at 49 CFR 
382.301 which will apply regardless of whether a private prisoner 
transport company is covered by Department of Transportation 
regulations.
    (c) The criminal background check references in paragraph (a)(1) of 
this section may not be submitted directly to the FBI or any other 
Federal agency. The private prisoner transport companies must arrange 
the procedures for accomplishing the criminal background checks with 
their contracting governmental agencies. In the event that the private 
prisoner transport company is contracting with a privately run 
incarceration facility, and

[[Page 416]]

not directly with a governmental entity, the private prisoner transport 
company will have to make arrangements through the private incarceration 
facility to have the checks completed by the governmental entity 
ultimately requesting the transport.