D.C. Mun. Regs. tit. 6, r. 6-A1102

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 6-A1102 - CRIMINAL HISTORY

1102.1

No person shall be commissioned or employed as a special police officer, nor shall an existing special police officer have a commission renewed, until the Mayor has conducted a criminal history check of the applicant through the record systems of the Federal Bureau of Investigation and the Metropolitan Police Department

1102.2

An applicant shall be ineligible to be commissioned as a special police officer if that applicant has ever been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any offense in any jurisdiction that would be a crime of violence, as defined in D.C. Official Code § 23-1331(4), if committed in the District of Columbia.

1102.3

If an applicant has ever been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any offense, other than a crime of violence, as defined in D.C. Official Code § 23-1331(4), in any jurisdiction that would be a felony if committed in the District of Columbia, the applicant shall be ineligible to be commissioned as a special police officer for 10 years following the applicant's release from incarceration and the conclusion of any court-ordered parole, probation, or supervision relating to that offense.

1102.4

If an applicant has ever been convicted of, pled guilty or nolo contendere to, or been given probation before judgment for any offense, other than a crime of violence, as defined in D.C. Official Code § 23-1331(4), or traffic offense, in any jurisdiction that would be a misdemeanor if committed in the District of Columbia, the applicant shall be ineligible to be commissioned as a special police officer for 5 years following the applicant's release from incarceration and the conclusion of any court-ordered parole, probation, or supervision relating to that offense.

1102.5

In evaluating an application for a special police officer commission, the Mayor shall also consider:

(a) An applicant's arrest history;

(b) An applicant's conviction history;

(c) Any court finding of an applicant's mental incompetence that has not been removed or expunged;

(d) An applicant's history of criminal traffic offenses;

(e) The bearing, if any, the criminal offense for which the person was previously convicted will have on his or her fitness or ability to perform one or more duties or responsibilities of a special police officer;

(f) The time that has elapsed since the occurrence of the criminal offense or court finding of mental incompetence;

(g) The age of the applicant at the time of the occurrence of the criminal offense or court finding of mental incompetence;

(h) The frequency and seriousness of the criminal offense; and

(i) Any information produced by the applicant, or produced on his or her behalf, in regard to his or her rehabilitation and good conduct since the occurrence of the criminal offense or court finding of mental incompetence.

1102.6

If a special police officer is arrested, the special police officer shall report the arrest to the Mayor within two (2) business days. The commission of such special police officer shall be suspended immediately, and the security agency shall be notified of such suspension immediately, pending further disposition. If a special police officer fails to report an arrest as required, the special police officer's commission shall be summarily revoked.

1102.7

The Mayor shall conduct random criminal history checks of special police officers through the record systems of the Metropolitan Police Department. The commission of any special police officer whose record indicates an unreported arrest or conviction shall be summarily revoked, and the security agency shall be notified of such revocation immediately. The commission of any special police officer whose record indicates an outstanding warrant shall be suspended immediately, and the security agency shall be notified of such suspension immediately, pending further disposition.

1102.8

Notwithstanding any other law or regulation, the information obtained from criminal history checks conducted pursuant to this chapter and considered by the Mayor shall not be limited by the date of the offense nor shall the information obtained and considered be limited to arrests resulting in conviction.

D.C. Mun. Regs. tit. 6, r. 6-A1102

As amended by Act of 2006, D.C. Act 16-465, 53 DCR 6746-6747 (August 18, 2006)