28 C.F.R. § 97.11

Pre-employment screening

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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 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.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2016–2022 · leading case: State v. Blake, 481 P.3d 521 (Wash. 2021).

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State v. Blake, 481 P.3d 521 (Wash. 2021). “who has been convicted of any felony offense relating to controlled substances”); 28 C.F.R. § 97.11 (felony conviction bars employment with private prisoner transportation companies); 49 C.”

United States v. Nesbeth, 188 F. Supp. 3d 179 (E.D.N.Y 2016). “Transportation Pursuant to 28 C.F.R. § 97.11 and 49 C.F.R. § 1544.229 , a felony conviction bars employment with private transportation companies transporting prisoners or hazardous materials, and as an airport security screener or baggage handler, a flight crew member, and a…”

Karn v. PTS of Am., LLC (D. Maryland 2022). “See 28 C.F.R. §§ 97.11 , 97.12, 97.13. The regulations also set some guidelines for the safety of the transportees themselves but private companies also “must comply with applicable state and federal laws[.”

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