Background Check Authorization and Release

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Adverse History Information The following information pertains to all incidents, whether under Washington State law, the law of another State, or federal law. If you answer "yes" to any question, please provide details including the date, location/jurisdiction, case number, charge if applicable, and arresting agency if applicable.

YesNo

Please explain

YesNo

Please explain

YesNo

Please explain

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Acknowledgement

A background check is required of all Benton County employees and volunteers, as well as contractors assigned to work in secure areas and for individuals needing jail access. Successful completion of the background check, as determined by Benton County, is required prior to the first day of work or entry into the jail. If you are visiting the Benton County Jail for business and discover that a friend or family member is in custody you must immediately notify jail staff. Jail access will be for official business only. No personal business is authorized. I understand that employment, jail access or volunteer status with Benton County is contingent upon the results of a background check. I understand that adverse findings during my background check may result in denied jail access, withdrawal of any offer of employment/assignment with Benton County, and/or termination of my employment/assignment with Benton County. I further understand that if I am found to have made any false or misleading statements in my application or background check materials, I may be denied access or have my employment/volunteer status terminated even after I have started work, and may subject myself to criminal prosecution.

Authorization and Release

I hereby authorize Benton County (including but not limited to Personnel Resources Department, Corrections Department, Sheriff's Office, Juvenile Justice Center, and/or Prosecutor's Office personnel) to conduct a background check in connection with my application for jail access and/or employment/assignment with Benton County. I understand that this background check may include, but is not limited to, a review of records on file with the Washington State Patrol, the FBI National Crime Information Computer (NCIC) and Interstate Identification Index (III), local law enforcement agencies, the Department of Licensing, courts of law, and other agencies, and also may, depending on my employment or assignment, involve fingerprinting. I understand that a more comprehensive background check is required for certain Benton County positions and may include review of records relating to arrests and/or other contacts with law enforcement. I hereby authorize and request any person, government entity, law enforcement or criminal justice agency, and/or other organization (public or private) to provide any information and/or records solicited by Benton County in connection with my application for jail access and/or work with Benton County. I hereby release those persons and entities, and Benton County, its elected officials, judges, directors, appointees, managers, employees, volunteers, agents, and assigns, from any and all liability that may result from providing and/or soliciting such information and/or records. A facsimile copy or photocopy of this waiver shall have the same force and effect as a copy with my original signature.

Continuing Nature of Adverse History Information

I understand that during all times I have jail access, am employed by, or have volunteer status with, Benton County, that I am required to inform my immediate supervisor or jail staff any time I am charged with or convicted of any crime, and any time I am named as a defendant/respondent in any lawsuit or complaint alleging sexual harassment or other forcible or nonconsensual sexual conduct. I understand that failure to make such notification within one business day of such action, excluding any time I am incarcerated or otherwise incapable of making such notification, shall be grounds for denied access into the jail and/or immediate termination of my employment or volunteer status with Benton County. Automatic Disqualifiers Felony convictions within the past five (5) years. Violent misdemeanors or domestic violence convictions within the past five (5) years. Drug related convictions within the past five (5) years. All applications are reviewed on a case by case basis. Absence of automatic disqualifiers does not guarantee background clearance. Some exemptions may also apply on a case by case basis.

I have read, fully understand, and voluntarily provide this Authorization and Release. By signing below, I also certify, under penalty of perjury as provided by the laws of the State of Washington, that I am the person identified above, and that all of the biographical, adverse history, and other information provided above is true, correct, and complete to the best of my knowledge.

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PREA The Prison Rape Elimination Act (PREA) was passed in 2003 with unanimous support from both parties in Congress. The purpose of the act was to “provide for the analysis of the incidenceand effects of prison rape in Federal, State, and local institutions and to provide information, resources, recommendations and funding to protect individuals from prison rape.” (Prison Rape Elimination Act, 2003) Staff Sexual Misconduct The Department maintains a zero-tolerance policy with regard to staff sexual misconduct and inappropriate staff/offender relationships. The policy also applies to contract staff, vendors and volunteers. Any Contractor or Volunteer who attempts to or engages in sexual abuse shall be prohibited from further contact with inmates and all allegations of staff sexual misconduct will be investigated and will be referred to law enforcement when appropriate. What is sexual misconduct? RCW 9A.44.160, RCW 9A.44.170, and RCW 72.09.225 all contain detailed descriptions of what constitutes sexual misconduct and staff misconduct of a sexual nature. Forms of sexual misconduct include, but are not limited to: Any behavior of a sexual nature directed toward an offender by a Department staff, contract staff, or volunteer. Inappropriate touching between offenders and staff. -All completed, attempted, threatened, or requested sexual acts between Department staff and the offender. Sexual comments and conversations with sexually suggestive innuendos or double meanings. -Display or transmittal of sexually suggestive posters, objects, or messages.

An Abuse of Power Due to the imbalance of power between offenders and staff in correctional settings, sexual interactions between staff (who have power) and offenders (who lack power) are unprofessional, unethical and illegal. Some offenders who lack power may become sexually involved with staff in an effort to equalize the imbalance of power. Occasionally an offender may try to use sex to improve his/her standing or circumstances (e.g., better job, avoid disciplinary action, affect a release plan, gain privileges, etc Because of the imbalance of power between offenders and staff, contractors, vendors and volunteers, there can never be a consensual relationship between offenders and persons working or volunteering for the Department. The law states "consent" is not a defense to prosecution.

Any staff member, contractor, or volunteer involved in an inappropriate relationship with an inmate is considered a security threat to the Benton County Jail and the public. Any staff member, contractor, or volunteer involved in an inappropriate relationship with an inmate will be prohibited from the having any contact with inmates housed within the Benton County Jail and will be reported to law enforcement for criminal charges.

Red Flags The following are behaviors or 'red flags' that may signal you or someone you work with is in danger of engaging in sexual misconduct with an offender: Spending a lot of time with a particular offender. Change in appearance of an offender or staff member. Deviating from agency policy for the benefit of a particular offender. Sharing personal information with an offender. Horseplay. Overlooking infractions of a particular offender. Doing favors for an offender. Consistently volunteering for a particular assignment or shift. Coming to work early/staying at work late. Flirting with an offender. Standing too close to an offender. Taking up an offender's cause or grievance. Changing duty assignments of a particular offender. Getting into conflicts with co-workers over an offender. Bringing things into the facility for the offender. Doing favors for an offender's family. Feeling the effects of major life changes (divorce, etc). Believing an offender is indispensable. What can I do to avoid inappropriate staff/offender relationships? Most staff/offender sexual misconduct occurs only after seemingly innocent professional boundaries have been crossed. The following behaviors will assist you in maintaining appropriate boundaries: Maintain professional distance. Focus behavior on duties and assignments. Do not become overly close with any particular offenders. Do not share your own or other staff person's personal information with our around offenders. Do not discuss issues you may have with other staff or management with or around offenders. When speaking to offenders about other staff refer to the staff person as Ms. or Mr. or by their title. When speaking to offenders refer to them as Ms. or Mr. and their last name. Do not accept gifts or favors from offenders. Be knowledgeable of Departmental policy and procedure, rules of conduct and laws regarding sexual misconduct and sexual harassment.

A Duty to Report Staff, contractors, volunteers, and visitors must report any inappropriate staff/offender behavior immediately. The presence of illegal and unethical behavior by any staff compromises the security and safety of offenders and the agency. Any staff, including contractors, volunteers, and visitors that fail to report such behavior will be held accountable and sanctioned, possibly with dismissal. All efforts will be made to ensure the confidentiality of the reporting staff member. By signing this form, I acknowledge that I have received and understand information pertaining to the Benton County Corrections Department zero tolerance policy pertaining to sexual assault and sexual harassment of inmates in custody of this agency.

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Approved / Denied

Benton County Background Check

Benton County Jail PREA, Sexual Abuse, Sexual Harassment and Sexual Misconduct Information