S T A T E O F N E W Y O R K
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2037
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
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Introduced by M. of A. BENJAMIN, ALFANO -- Multi-Sponsored by -- M. of
A. BARRA, HOOPER, MILLER -- read once and referred to the Committee on
Mental Health, Mental Retardation and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to providing for the
investigation of qualifications of persons employed in programs oper-
ated or certified by the office of mental health or the office of
mental retardation and developmental disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision (d) of section 7.19 of the mental hygiene law,
as added by chapter 978 of the laws of 1977, is amended to read as
follows:
(d) The commissioner shall establish regulations governing the person-
nel administration of the department and its facilities. THOSE REGU-
LATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROCEDURES FOR THE THOR-
OUGH INVESTIGATION OF THE QUALIFICATIONS, BACKGROUND AND SUITABILITY OF
PROSPECTIVE EMPLOYEES OF PROGRAMS OPERATED OR CERTIFIED BY THE OFFICE.
THE INVESTIGATION OF PROSPECTIVE DIRECT CARE EMPLOYEES SHALL, SUBJECT TO
THE RULES AND REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
AND THE DEPARTMENT OF CIVIL SERVICE, INCLUDE ACCESS TO AND REVIEW OF
CONVICTION RECORDS MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE LAW.
S 2. Subdivisions (d) and (e) of section 13.19 of the mental hygiene
law are relettered subdivisions (e) and (f) and a new subdivision (d) is
added to read as follows:
(D) THE COMMISSIONER SHALL ESTABLISH REGULATIONS GOVERNING THE PERSON-
NEL ADMINISTRATION OF THE DEPARTMENT AND ITS FACILITIES. THOSE REGU-
LATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROCEDURES FOR THE THOR-
OUGH INVESTIGATION OF THE QUALIFICATIONS, BACKGROUND AND SUITABILITY OF
PROSPECTIVE EMPLOYEES OF PROGRAMS OPERATED OR CERTIFIED BY THE OFFICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05351-01-9
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THE INVESTIGATION OF PROSPECTIVE DIRECT CARE EMPLOYEES SHALL, SUBJECT TO
THE RULES AND REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
AND THE DEPARTMENT OF CIVIL SERVICE, INCLUDE ACCESS TO AND REVIEW OF
CONVICTION RECORDS MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE
SERVICES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
THIRTY-SEVEN OF THE EXECUTIVE LAW.
S 3. Paragraph 7 of subdivision (c) of section 16.05 of the mental
hygiene law, as renumbered by chapter 618 of the laws of 1990, is renum-
bered paragraph 8 and a new paragraph 7 is added to read as follows:
(7) THE EXISTENCE OF PROCEDURES FOR THE THOROUGH INVESTIGATION BY
CERTIFIED AGENCIES OF THE QUALIFICATIONS, BACKGROUND AND SUITABILITY OF
PROSPECTIVE EMPLOYEES. THESE PROCEDURES SHALL INCLUDE BUT NOT BE LIMITED
TO THE SUBMISSION, SUBJECT TO THE RULES AND REGULATIONS OF THE DIVISION
OF CRIMINAL JUSTICE SERVICES, OF FINGERPRINT INFORMATION TO THE DIVI-
SION, FOR THE PURPOSE OF RECEIVING THE CONVICTION RECORDS MAINTAINED BY
THE DIVISION, OF PERSONS WHO HAVE APPLIED FOR AND ARE UNDER ACTIVE
CONSIDERATION FOR EMPLOYMENT BY SUCH CERTIFIED AGENCIES. A PROSPECTIVE
EMPLOYEE SHALL NOT AUTOMATICALLY BE DISQUALIFIED OR BARRED FROM EMPLOY-
MENT SOLELY ON THE BASIS OF A CRIMINAL CONVICTION. THE REVIEW OF THE
CONVICTION RECORD OF A PROSPECTIVE EMPLOYEE AND A DETERMINATION OF
FITNESS FOR EMPLOYMENT IN A CERTIFIED PROGRAM SHALL TAKE INTO FULL
CONSIDERATION THE FOLLOWING:
(I) THE SPECIFIC DUTIES AND RESPONSIBILITIES NECESSARILY RELATED TO
THE EMPLOYMENT SOUGHT;
(II) THE BEARING, IF ANY, THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH
THE PERSON WAS CONVICTED WILL HAVE ON HIS FITNESS OR ABILITY TO PERFORM
ONE OR MORE SUCH DUTIES AND RESPONSIBILITIES;
(III) THE TIME WHICH HAS ELAPSED SINCE THE OCCURRENCE OF THE CRIMINAL
OFFENSE OR OFFENSES;
(IV) THE AGE OF THE PERSON AT THE TIME OF OCCURRENCE OF THE CRIMINAL
OFFENSE OR OFFENSES;
(V) THE SERIOUSNESS OF THE CRIMINAL OFFENSE OR OFFENSES;
(VI) ANY INFORMATION PRODUCED BY THE PERSON, OR PRODUCED ON HIS
BEHALF, IN REGARD TO HIS REHABILITATION AND GOOD CONDUCT;
(VII) THE LEGITIMATE INTEREST OF THE PROSPECTIVE EMPLOYER IN PROTECT-
ING PROPERTY, AND THE SAFETY AND WELFARE OF CLIENTS BEING SERVED BY THE
CERTIFIED PROGRAM;
S 4. Paragraphs 3, 4, 5, 6 and 7 of subdivision (a) of section 31.05
of the mental hygiene law are renumbered paragraphs 4, 5, 6, 7 and 8 and
a new paragraph 3 is added to read as follows:
3. THERE EXISTS SATISFACTORY PROCEDURES FOR THE THOROUGH INVESTIGATION
BY CERTIFIED AGENCIES OF THE QUALIFICATIONS, BACKGROUND AND SUITABILITY
OF PROSPECTIVE EMPLOYEES. THESE PROCEDURES SHALL INCLUDE BUT NOT BE
LIMITED TO THE SUBMISSION, SUBJECT TO THE RULES AND REGULATIONS OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES, OF FINGERPRINT INFORMATION TO THE
DIVISION, FOR THE PURPOSE OF RECEIVING THE CONVICTION RECORDS MAINTAINED
BY THE DIVISION, OF PERSONS WHO HAVE APPLIED FOR AND ARE UNDER ACTIVE
CONSIDERATION FOR EMPLOYMENT BY SUCH CERTIFIED AGENCIES. A PROSPECTIVE
EMPLOYEE SHALL NOT BE AUTOMATICALLY DISQUALIFIED OR BARRED FROM EMPLOY-
MENT SOLELY ON THE BASIS OF A CRIMINAL CONVICTION. THE REVIEW OF THE
CONVICTION RECORD OF A PROSPECTIVE EMPLOYEE AND A DETERMINATION OF
FITNESS FOR EMPLOYMENT IN A CERTIFIED PROGRAM SHALL TAKE INTO FULL
CONSIDERATION THE FOLLOWING:
(I) THE SPECIFIC DUTIES AND RESPONSIBILITIES NECESSARILY RELATED TO
THE EMPLOYMENT SOUGHT;
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(II) THE BEARING, IF ANY, THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH
THE PERSON WAS CONVICTED WILL HAVE ON HIS FITNESS OR ABILITY TO PERFORM
ONE OR MORE OF SUCH DUTIES AND RESPONSIBILITIES;
(III) THE TIME WHICH HAS ELAPSED SINCE THE OCCURRENCE OF THE CRIMINAL
OFFENSE OR OFFENSES;
(IV) THE AGE OF THE PERSON AT THE TIME OF OCCURRENCE OF THE CRIMINAL
OFFENSE OR OFFENSES;
(V) THE SERIOUSNESS OF THE CRIMINAL OFFENSE OR OFFENSES;
(VI) ANY INFORMATION PRODUCED BY THE PERSON, OR PRODUCED ON HIS
BEHALF, IN REGARD TO HIS REHABILITATION AND GOOD CONDUCT;
(VII) THE LEGITIMATE INTEREST OF THE PROSPECTIVE EMPLOYER IN PROTECT-
ING PROPERTY, AND THE SAFETY AND WELFARE OF THE CLIENTS BEING SERVED IN
THE CERTIFIED PROGRAM;
S 5. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of the foregoing sections of this act
on their effective date are authorized and directed to be made and
completed on or before such effective date; provided, however, that the
renumbering of paragraph 6 of subdivision (a) of section 31.05 of the
mental hygiene law made by section four of this act shall not affect the
repeal of such paragraph and shall be deemed repealed therewith.