Title 7 . Health and Social Services

Chapter 75 . Assisted Living Homes

Section 215. Criminal background check requirements

7 AAC 75.215. Criminal background check requirements

(a) An assisted living home may not hire or retain a person who is subject to a criminal background check under AS 47.33 if that person has ever been convicted of an offense listed in (b) of this section, or a similar offense under the former laws of this state or the current or former laws in another state or jurisdiction.

(b) For purposes of AS 47.33.100 (c), the following are offenses covered by AS 47.33.100 :

(1) a class A felony or an unclassified felony under AS 11, or an attempt, solicitation, or conspiracy to commit one of those felonies;

(2) a class B felony under

(A) AS 11.41 (offenses against the person); or

(B) AS 11.46.410 (arson in the second degree);

(3) a class C felony under AS 11.41 (offenses against the person);

(4) a sex offense that is not included in (1) - (3) of this subsection;

(5) a crime under AS 11.51.100 (endangering the welfare of a child in the first degree), AS 11.51.200 (endangering the welfare of a vulnerable adult in the first degree), or AS 11.51.210 (endangering the welfare of a vulnerable adult in the second degree);

(6) a crime under AS 11.56.840 (failure to register as a sex offender or kidnapper in the second degree), AS 11.61.123 (indecent viewing or photography), AS 11.61.125 (distribution of child pornography), AS 11.61.127 (possession of child pornography), or AS 11.61.130 (misconduct involving a corpse);

(7) two or more class B felonies that are not included in (1) - (6) of this subsection;

(8) a crime listed in this paragraph, unless the person provides written proof satisfactory to the department that the following period of time has elapsed since the imposition of the sentence, period of commitment to the custody of the department, or unconditional discharge, whichever is longer, and that the person has fully complied with any orders for counseling or treatment issued by the court or by a probation or parole authority:

(A) for a class B felony that is not included in (1) - (7) of this subsection, 10 years;

(B) for the following crimes, five years:

(i) a Class C felony under AS 11 that is not included in (3) - (6) of this subsection; or

(ii) a Class C felony under AS 28.35.030 (n) (two or more convictions since January 1, 1996, within 10 years preceding the date of the present offense for operating a vehicle, aircraft, or watercraft while intoxicated);

(C) for a crime involving domestic violence that is not included in (A) or (B) of this paragraph, and for a crime under AS 47.30.815 (wilful initiation of an involuntary civil commitment procedure without having good cause), two years.

(c) For the purpose of determining if a person is convicted of a single offense or of multiple offenses, the provisions of AS 12.55.145 (a)(1)(C) apply.

(d) The administrator and other person who is subject to a criminal background check under AS 47.33 must provide the results of the

(1) name-check criminal background investigation required by AS 47.33.100 at the time of hire and once every two years following the date of hire; and

(2) national criminal history record check based on fingerprints, required by AS 47.33.100 within 30 days after the date of hire and once every six years following the date of hire.

(e) The results of the name-check criminal background investigation and the national criminal history record check required by AS 47.33.100 and (d) of this section are subject to the department's review and

(1) for an employee other than an administrator, must be placed in the employee's file at the assisted living home; and

(2) for an administrator, must be submitted to the department and placed in the administrator's file at the assisted living home.

(f) The assisted living home shall monitor to ensure that the administrator and other persons who are subject to a criminal background check under AS 47.33 continue to meet the requirements of this section. The home shall require the administrator and those persons described in this subsection to report to the assisted living home within 24 hours, or the next business day, of the administrator's or the person's arrest for or conviction of a crime listed in (b) of this section. The assisted living home shall ensure that the notification requirements of 7 AAC 75.340(a) (1)(A) are met within 24 hours, or the next business day, after the home receives a report under this section or learns of an arrest or conviction of a person described in this subsection.

(g) A person adjudicated as delinquent for a crime listed in (b) of this section shall be treated as a person convicted of that crime for purposes of AS 47.33.100 and this section.

(h) Except as provided in this subsection, this section applies to convictions of offenses committed before, on, or after September 28, 2001. As required by sec. 4, ch. 35, SLA 1996, this section does not apply to convictions of offenses that were committed before August 20, 1996 if the offense was committed by a person who was hired by the assisted living home before August 20, 1996.

(i) In this section, unless the context otherwise requires,

(1) "convict" means the act of conviction;

(2) "conviction" has the meaning given in 13 AAC 09.900, as amended as of March 7, 2001 and as amended from time to time; this regulation is adopted by reference;

(3) "crime involving domestic violence" has the meaning given in AS 18.66.990 ;

(4) "sex offense" has the meaning given in AS 12.63.100 ;

(5) "unconditional discharge" has the meaning given in AS 12.55.185 .

History: Eff. 9/28/2001, Register 159; am 4/6/2002, Register 162; am 6/24/2004, Register 170

Authority: AS 47.33.100

AS 47.33.410

AS 47.33.920

Sec. 4, ch. 35,

SLA 1996

Editor's note: The substance of this section was formerly set out in 7 AAC 75.220.