S T A T E O F N E W Y O R K
________________________________________________________________________
3373
2013-2014 Regular Sessions
I N A S S E M B L Y
January 25, 2013
___________
Introduced by M. of A. CLARK, TITUS, WEISENBERG, MARKEY -- Multi-Spon-
sored by -- M. of A. BENEDETTO, BROOK-KRASNY, COLTON, CROUCH, FINCH,
GALEF, MAISEL, RAIA, THIELE -- read once and referred to the Committee
on Children and Families
AN ACT to amend the social services law, in relation to safe mentoring
practices
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 2, 3 and 4 of section 390-e of the social
services law, as added by chapter 459 of the laws of 2006, are amended
to read as follows:
2. Mentoring programs [may] SHALL perform a criminal history record
check on all prospective employees and mentors.
3. Notwithstanding any other provision of law to the contrary, subject
to the rules and regulations of the division of criminal justice
services, mentoring programs [may] SHALL apply for a criminal history
record check with the division of criminal justice services regarding
any prospective employee or any prospective mentor who may engage in
unsupervised activities with youth or in activities with youth in a
setting without constant agency or parental oversight. Each mentoring
program [that chooses to complete such criminal background checks on
prospective employees or on prospective mentors] shall establish a poli-
cy for completing criminal background checks on such prospective employ-
ees or mentors. Such policy shall apply one uniform standard for the
completion of criminal background checks for all prospective employees
and one uniform standard for the completion of criminal background
checks for all prospective mentors. Any mentoring program [that chooses
to complete criminal background checks on both prospective employees and
prospective mentors] may utilize the same uniform process for the
completion of the criminal background checks on prospective employees
and prospective mentors or they may choose one uniform process for
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06685-01-3
A. 3373 2
prospective employees and another uniform process for prospective
mentors.
4. Every mentoring program [that chooses to] SHALL apply for a crimi-
nal history background check with the division of criminal justice
services AND shall obtain a set of fingerprints from each individual for
whom a criminal background check is to be completed and such other
information as is required by the office and the division of criminal
justice services. For each prospective employee or mentor for whom the
mentoring program [completes] MUST COMPLETE a criminal background check,
the mentoring program shall provide the applicant with blank fingerprint
cards and a description of how the completed fingerprint card will be
used upon submission to the mentoring program. The mentoring program
shall promptly transmit such fingerprint card and the processing fee to
the office. The office shall promptly submit the fingerprint card and
the processing fee, imposed pursuant to subdivision eight-a of section
eight hundred thirty-seven of the executive law, to the division of
criminal justice services for its full search and retain processing.
S 2. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law, provided that any rules
and regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or before
such date.