Chapter 3 – Personnel, Training, and Employee Relations

31060.5.4 Ex‑Offender Appointments

• The Department prohibits discrimination on the basis of ex-offender status. However, all factors which relate to legal requirements and restraints, facility security, commitment history, and experience shall be considered. Hiring commitments shall not be made without written approval of the Secretary or Designee.

• Licensing

  • Applicable certification or licensing for a position shall not be waived for ex-offenders.

• Completion of CDCRCalifornia Department of Corrections and Rehabilitation Form 1951

  • A CDCRCalifornia Department of Corrections and Rehabilitation Form 1951, Supplemental Application for all CDCRCalifornia Department of Corrections and Rehabilitation Employees is required of all applicants seeking employment with the Department. This form is utilized at the time the employment interview is conducted and should be completed by both internal and external candidates with the exception of peace officers applying to the same classification. Completion of the form should prevent the hiring of any ex-offenders without prior approval of the Secretary. This form will also be utilized to ensure compliance with 28 CFR, Part 115, National Standards to Prevent, Detect, and Respond to Prison Rape under the Prison Rape Elimination Act (PREA), Standard 115.17 – Hiring and promotion decisions.

  • Peace officer promotions or transfers to different classifications must complete the applicable sections of Form CDCRCalifornia Department of Corrections and Rehabilitation 1951 at the time of interview.

• Restricted Employment Areas

  • Ex-offenders shall not be hired or assigned work in areas which provide access to:

    • Any records pertaining to staff.

    • Sensitive personal or medical information on inmates.

  • These areas include, but are not limited to, the following:

    • Medical.

    • Personnel.

    • Records.

    • Accounting.

    • Data processing.

• Legal Prohibition For Peace Officer Classifications

  • Persons convicted of a felony in this or another state may not be employed as a peace officer of this State. CCRCalifornia Code of Regulations 3291(b) lists the classes designated as peace officers in this Department.

  • Procedural Responsibilities

    • For all hires other than initial peace officer hires, the hiring authority shall:

      • Submit an “Approval to Appoint” request to the Secretary via the Chief, Office of Correctional Safety (OCSOffice of Correctional Safety) at least 60 days prior to the requested appointment date. This shall include a copy of the ex-offender’s CI&ICriminal Identification and Information SSCHState Summary - Criminal History and the completed CDCRCalifornia Department of Corrections and Rehabilitation Form 1951 for nonpeace officer classifications.

• If the individual is on parole, the request shall identify the name and address of the Parole Agent. If discharged, that date shall be indicated.

• The Chief, OCSOffice of Correctional Safety, shall:

  • Review the original submittal for possible gang affiliations.

  • Note the results of this review on the request.

  • Forward the request to either the Director, Division of Adult Institutions, or Director, Division of Adult Parole Operations, for appropriate data if they are not the hiring authority.

• If the request is approved by the affected Director, it shall be returned to the Chief, OCSOffice of Correctional Safety, for final review.

• The Chief, OCSOffice of Correctional Safety, shall:

  • Ensure completion of required materials.

  • Forward approved packages to the Agency Secretary.

  • Return denied packages to the hiring authority.

  • Return packages with Agency Secretary’s approval/disapproval to the hiring authority.

  • Ensure that a copy of all denials/approvals are sent to the Office of Internal Affairs, Office of Civil Rights.