Overview of the SafetyNET Criminal Background Check Pilot
Fact Sheet for Mentoring Organizations

In 2003, Congress passed a criminal background check pilot program as part of the PROTECT Act. This pilot program is the culmination of over three years of advocacy work, which was undertaken because the current criminal background check is often cumbersome, expensive, and often inaccessible. The pilot will test out several mechanisms for obtaining FBI background checks. The resulting information will help make the case for a permanent workable system for obtaining criminal background checks on volunteers who work with children.

Through this pilot program, called SafetyNET, local mentoring organizations across the country can access FBI fingerprint-based background checks on new mentoring volunteers through MENTOR/National Mentoring Partnership. SafetyNET launched on August 15, 2003 and will run until January 31, 2009. MENTOR serves as the "pass-through" for criminal background checks for organizations in all states. Local mentoring organizations submit their background checks through MENTOR.

TYPE OF CHECK:
SafetyNET uses a fingerprint-based check of the FBI's master criminal record database, which includes records on approximately 45 million Americans who have committed criminal offenses. These records include criminal data as well as records of federal offenses. Although some states may be slow in transferring their records to the FBI, the FBI database still offers the most complete kind of check available today. The only way a mentoring organization could obtain a more complete check would be to submit a fingerprint request to each of the 50 states plus the FBI. For many mentoring organizations, this pilot represents the first time they have been allowed to access criminal records outside of their own state.

The FBI often does not have records on low-level offenses, such as DUIs. Therefore, mentoring organizations may want to do a driver's license check or a state criminal records check through their state agency in addition to the FBI check. Organizations may also wish to do a child abuse registry check since some abuse cases are never prosecuted and still may be listed in the registry.

Some states may already have a better or less expensive system in place for conducting FBI criminal record checks. Or, they may have specific laws or regulations requiring organizations to perform criminal background checks in a certain way. Each mentoring organization will need to assess their state's current procedures and decide whether or not SafetyNET will be helpful.

FINDINGS THUS FAR:

In nearly 50,000 background checks conducted, SafetyNET has clearly demonstrated the importance of a nationwide FBI fingerprint search:

Approximately 6.1% of potential volunteers screened through SafetyNET had criminal records of concern, resulting in a "may not meet the criteria" or "does not meet the criteria" fitness determination. Of these individuals:

• 40% of these individuals had a criminal record from a state other than where they applied to volunteer. A state-only background check would not have caught these criminal records.
• Nearly 10% of these individuals provided a different name or date of birth on their application than what appeared on the criminal record. A name-based search would likely not have caught these criminal records.
• Over half of these individuals indicated on their application form that they did not have a criminal record. This demonstrates the importance of performing the background check, even when it appears the volunteer does not have a criminal record.

• Applicant was on the Sex Offender Registry in MI for criminal sexual conduct with a child aged 13-15
• Applicant was found guilty twice of sexual abuse in the first degree
• Applicant was convicted of sexual intercourse without consent; applicant was charged with endangering the welfare of a child-sex
• Applicant was convicted of murder in the second degree and given 24 years in prison; applicant was applying in AL but had a record in AL, PA, NY and LA
• Applicant was charged with willful cruelty to child possible injury/death
• Applicant was convicted of criminal sale of a controlled substance and was sentenced 4-8 years confinement. Applicant also had 25 other arrests and/or convictions including, robbery, assault, theft of services, and various drug charges. The applicant had 4 aliases.
• Applicant applied to volunteer in CO, but had a record in NY, FL, NJ and CO; Applicant also had a 15-page record with approximately 37 arrests and various aliases and SSN#s

PROCESS:

• A local organization applies to MENTOR through an online application. This application is posted at http://www.mentoring.org/safetynet/.
• MENTOR will approve the organization and assign it a unique identifying number. We mail out fingerprint cards and a welcome packet to the organization and provide a unique log-on and password to our pilot program Web site.
• Each potential volunteer must fill out an application and be fingerprinted. Local police stations usually do fingerprinting for a small fee.
• The mentoring organization mails the fingerprint card, application, and payment to MENTOR.
• MENTOR will scan each fingerprint card and submit it electronically to the FBI. The FBI then performs the criminal background check and submits the applicant's records to the National Center for Missing and Exploited Children (NCMEC).
• NCMEC will examine the records and make a determination about the applicant's fitness to be a mentor, and e-mail the resulting determination to the mentoring program.

COST and TURNAROUND TIME:
The cost for the FBI fingerprint check is $18. This does not include any fee that a local police department may charge to do the fingerprinting. Usually the charge is less than $5 but can be more, depending on the mentoring organization's jurisdiction.

The current response time averages 3-5 business days.

RESULTS:
NCMEC will be making a fitness determination on volunteers based on the volunteer's criminal record. NCMEC will be looking for "criterion offenses" - crimes that fit into six categories: felonies of any kind; sexual offenses; drug offenses; crimes against a person; crimes involving a minor; and animal abuse. Both misdemeanors and more serious offenses will be examined in the last four categories.

For each volunteer application it submits, a local mentoring organization will receive one of three possible designations that indicates the extent of a volunteer's criminal record. These designations are not meant to be a definitive statement of whether or not a mentoring organization should use a volunteer - the final decision rests with the program.

• "Does not meet the criteria" - the volunteer has been convicted of one or more of the criterion offenses.
• "Meets the criteria" - the volunteer has not been convicted or arrested (unless cleared) of a criterion offense.
• "May not meet the criteria" - the volunteer has been arrested for one or more criterion offense, but the criminal record does not indicate the resolution of the arrest (i.e. found not guilty, convicted, etc.). Without the resolution, NCMEC cannot determine whether or not the volunteer meets the critiera. This designation can also indicate that a volunteer's criminal record may merit closer examination due to a pardon, expungement, or other similar case.
• In the case of any determination indicating a criminal record, the volunteer can request that the FBI send the complete criminal record to the local program for further consideration.

MORE INFORMATION:
A comprehensive SafetyNET Manual is posted at http://www.mentoring.org/safetynet/. This manual contains complete information on volunteer screening, the details and procedures of the pilot program, instructions for operating the SafetyNET Web site system, and pertinent forms for the pilot. Any mentoring organization that is considering participating in the pilot should first read the manual carefully and then decide whether or not to apply. Applications to join the pilot are also posted at the same Web site address.