NCJ Number
56091
Journal
Polygraph Volume: 6 Issue: 4 Dated: (DECEMBER 1977) Pages: 307-317
Date Published
1977
Length
11 pages
Annotation
BOTH FEDERAL AND STATE POLYGRAPH LAWS AND REGULATIONS ARE EXAMINED AS THEY RELATE TO USE OF THE POLYGRAPH, PROTECTIONS FOR THOSE TESTED, AND QUALIFICATIONS OF THE EXAMINER.
Abstract
THE USE OF THE POLYGRAPH IS REGULATED BY 34 STATES AND BY INTERNAL REGULATIONS OF THE DEPARTMENT OF DEFENSE, TREASURY DEPARTMENT, JUSTICE DEPARTMENT, POSTAL INSPECTION SERVICE, AND THE CENTRAL INTELLIGENCE AGENCY. SINCE 1959, 21 STATES AND THE FEDERAL GOVERNMENT HAVE ENACTED LEGISLATION THAT OUTLINES PREREQUISITES FOR EXAMINERS, PROVIDES PROTECTION FOR EXAMINEES, AND REGULATES POLYGRAPH ACTIVITIES WITHIN THEIR JURISDICTIONS. SIXTEEN STATES HAVE LEGISLATED MINOR RESTRICTIONS ON THE USE OF THE POLYGRAPH FOR PRE-EMPLOYMENT AND PERIODIC EMPLOYEE TESTING, BUT IN NO STATE IS THE POLYGRAPH OR POLYGRAPH EXAMINATION ILLEGAL. A TABLE LISTS THE LAWS THAT LIMIT THE USE OF THE POLYGRAPH AS A CONDITION OF EMPLOYMENT, THE SPECIFIC WORDS LIMITING ITS USE, AND, AS AVAILABLE, EXEMPTIONS AND PENALTIES. THE POLYGRAPH LICENSING LEGISLATION OF 1977 IS LISTED AND PROVIDES A QUICK-REFERENCE SUMMARY OF THE MOST COMMONLY USED CRITERIA IN LICENSING LEGISLATION. FEATURES IN ALL LICENSING LEGISLATION ARE LICENSE FEES, RENEWAL PERIODS, A REVOCATION AUTHORITY, AND A PENALTY FOR VIOLATION. IN 1976, THE DEPARTMENT OF DEFENSE ISSUED NEW INSTRUCTIONS ABOUT THE USE OF THE POLYGRAPH THAT SUBSTANTIALLY PARALLEL STATE LAWS. ALL POLYGRAPH EXAMINERS EMPLOYED BY THE ARMY, NAVY, MARINE CORPS, AIR FORCE, AND NATIONAL SECURITY AGENCY MUST BE CLEARED BY POLYGRAPH EXAMINATIONS AND BACKGROUND INVESTIGATIONS TO ASSURE THAT THEY MEET THESE AND OTHER PREREQUISITES: AT LEAST 25 YEARS OF AGE, A BACCALAUREATE DEGREE, 2 YEARS INVESTIGATIVE EXPERIENCE, AND NO CRIMINAL CONVICTION. THE GENERAL LEGISLATIVE PROCESS IS ALSO DESCRIBED TO GIVE A PERSPECTIVE ON THE INFLUENCES THAT AFFECT THE CREATION OF A LAW. (RCB)