S T A T E O F N E W Y O R K
________________________________________________________________________
4955
2013-2014 Regular Sessions
I N A S S E M B L Y
February 13, 2013
___________
Introduced by M. of A. BARCLAY, CROUCH, GIGLIO, CORWIN, GRAF, HAWLEY,
WALTER, McLAUGHLIN, CURRAN, DUPREY, MONTESANO, McKEVITT, LOSQUADRO,
TENNEY, SALADINO, RAIA -- Multi-Sponsored by -- M. of A. ARROYO,
CERETTO, FRIEND, McDONOUGH -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law and the social services law, in
relation to requiring the division of criminal justice services to
check the wanted felon status and other information of people applying
for public assistance
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 845-c
to read as follows:
S 845-C. REQUESTS FOR WANTED FELON INFORMATION. 1. DEFINITIONS. AS
USED IN THIS SECTION:
(A) "AUTHORIZED PERSON" MEANS A COMMISSIONER OF SOCIAL SERVICES, AS
DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE SOCIAL SERVICES LAW, OR
ANY ONE OR MORE INDIVIDUALS DESIGNATED BY SUCH COMMISSIONER AS AUTHOR-
IZED TO REQUEST, RECEIVE AND REVIEW INFORMATION REGARDING THE WANTED
FELON PORTION OF THE NATIONAL CRIME INFORMATION CENTER AND/OR, IF APPLI-
CABLE, INFORMATION REGARDING AN INDIVIDUAL'S VIOLATION OF HIS OR HER
PROBATION OR PAROLE CONDITIONS PURSUANT TO THIS SECTION. A COMMISSIONER
OF SOCIAL SERVICES MAY DESIGNATE ONE OR MORE ADDITIONAL PERSONS AS
NECESSARY TO SERVE AS AUTHORIZED PERSONS PURSUANT TO THIS SECTION.
(B) "SUBJECT INDIVIDUAL" MEANS A PERSON WHO IS APPLYING FOR PUBLIC
ASSISTANCE WHOSE WANTED FELON STATUS OR PROBATION OR PAROLE VIOLATOR
STATUS HAS BEEN REQUESTED PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF
THE SOCIAL SERVICES LAW.
(C) "WANTED FELON" MEANS A PERSON WHO IS FLEEING OR HAS FLED TO AVOID
PROSECUTION, OR CUSTODY OR CONFINEMENT AFTER CONVICTION, UNDER THE LAWS
OF THE PLACE FROM WHICH THE PERSON FLEES, FOR A CRIME, OR AN ATTEMPT TO
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04866-01-3
A. 4955 2
COMMIT A CRIME, WHICH IS A FELONY UNDER THE LAWS OF THE PLACE FROM WHICH
THE PERSON FLEES.
(D) "PROBATION OR PAROLE VIOLATOR" MEANS A PERSON WHO IS VIOLATING A
CONDITION OF PROBATION OR PAROLE AND THAT PERSON IS CURRENTLY AN ABSCON-
DER FROM PROBATION OR PAROLE SUPERVISION AND A WARRANT ALLEGING SUCH A
VIOLATION IS OUTSTANDING, OR THE PERSON HAS BEEN FOUND BY JUDICIAL
DETERMINATION TO HAVE VIOLATED PROBATION OR BY ADMINISTRATIVE ADJUDI-
CATION BY THE DIVISION OF PAROLE TO HAVE VIOLATED PAROLE, OR THE PERSON
IS VIOLATING A CONDITION OF PROBATION OR PAROLE IMPOSED UNDER FEDERAL
LAW.
2. WHERE AN AUTHORIZED PERSON REQUESTS INFORMATION REGARDING THE WANT-
ED FELON STATUS OR THE PROBATION OR PAROLE VIOLATOR STATUS, OF A SUBJECT
INDIVIDUAL APPLYING FOR PUBLIC ASSISTANCE REQUIRED PURSUANT TO SECTION
ONE HUNDRED THIRTY-TWO OF THE SOCIAL SERVICES LAW, SUCH PERSON SHALL
PROCEED PURSUANT TO THE PROVISIONS OF THIS SECTION.
3. AN AUTHORIZED PERSON REQUESTING THE WANTED FELON STATUS OR
PROBATION OR PAROLE VIOLATOR STATUS, PURSUANT TO THIS SECTION SHALL DO
SO BY COMPLETING A FORM ESTABLISHED FOR SUCH PURPOSE BY THE DIVISION.
SUCH FORM SHALL INCLUDE A SWORN STATEMENT OF THE AUTHORIZED PERSON
CERTIFYING THAT:
(A) THE PERSON FOR WHOSE INFORMATION IS REQUESTED IS A SUBJECT INDI-
VIDUAL FOR WHOM INFORMATION IS AVAILABLE BY LAW;
(B) THE RESULTS OF REQUEST WILL BE USED BY THE AUTHORIZED PERSON SOLE-
LY FOR PURPOSES AUTHORIZED BY LAW; AND
(C) THE AUTHORIZED PERSON AND HIS OR HER AGENTS AND EMPLOYEES ARE
AWARE OF AND WILL ABIDE BY THE CONFIDENTIALITY REQUIREMENTS AND ALL
OTHER PROVISIONS OF THIS ARTICLE.
S 2. Subdivision 1 of section 132 of the social services law, as
amended by section 22 of part B of chapter 436 of the laws of 1997, is
amended to read as follows:
1. (A) When an application for assistance or care is received, or a
social services official is informed that a person is in need of public
assistance and care, an investigation and record shall be made of the
circumstances of such person. The object of such investigations shall be
to secure the facts necessary to determine whether such person is in
need of public assistance or care and what form thereof and service he
or she should receive AND TO DETERMINE WHETHER SUCH PERSON IS A WANTED
FELON AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED
FORTY-FIVE-C OF THE EXECUTIVE LAW OR A PROBATION OR PAROLE VIOLATOR AS
DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE
EXECUTIVE LAW AND IF SUCH WARRANT OR VIOLATION EXISTS, WHETHER SUCH
PERSON WAS AWARE OR SHOULD HAVE BEEN AWARE OF SUCH WARRANT OR VIOLATION.
Information shall be sought as to the residence of such person, the
name, age, religious faith, physical condition, earnings or other
income, and ability to work of all members of the family, the cause of
the person's condition, the ability and willingness of the family, rela-
tives, friends and church to assist, and such other facts as may be
useful in determining the treatment which will be helpful to such
person. However, nothing in this subdivision or elsewhere in this chap-
ter contained shall be construed to require a social services official
to communicate with or require assistance from any person or persons
liable by law to contribute to the support of a woman pregnant with, or
the mother of, an out of wedlock child, in need of care away from home
during pregnancy and during and after delivery, in the case where the
surrender of the child to the social services official is under consid-
eration, for such period as may be necessary for such mother and offi-
A. 4955 3
cial to decide whether the child will be surrendered for adoption to
such official, which period shall not extend beyond ninety days after
birth of the child. Except where the welfare official is in possession
of positive proof that the applicant is receiving or is eligible to
receive unemployment insurance benefits and the amount thereof such
investigations shall include written request to the commissioner of
labor or his or her duly authorized officer charged with administration
of the unemployment insurance law for information as to the status of
such person in respect to unemployment insurance benefits.
(B) THE COMMISSIONER OF A SOCIAL SERVICES DISTRICT OR ANY AUTHORIZED
PERSON, AS DEFINED IN SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECU-
TIVE LAW, SHALL REQUEST INFORMATION FOR EACH APPLICANT FROM THE DIVISION
OF CRIMINAL JUSTICE SERVICES, TO DETERMINE WHETHER SUCH APPLICANT IS A
WANTED FELON AS DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED
FORTY-FIVE-C OF THE EXECUTIVE LAW OR PROBATION OR PAROLE VIOLATOR AS
DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE
EXECUTIVE LAW.
(C) UPON BEING INFORMED BY THE DIVISION OF CRIMINAL JUSTICE SERVICES
THAT AN APPLICANT IS A WANTED FELON OR A PROBATION OR PAROLE VIOLATOR,
PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE
EXECUTIVE LAW, THE COMMISSIONER SHALL INVESTIGATE TO DETERMINE WHETHER
THE APPLICANT IS AWARE OF HIS OR HER STATUS AND TO DETERMINE WHEN THE
APPLICANT BECAME, OR SHOULD HAVE BECOME AWARE OF HIS OR HER STATUS.
(D) WHERE AN APPLICANT HAS NOT INITIALLY BEEN DETERMINED TO BE INELI-
GIBLE FOR PUBLIC ASSISTANCE BENEFITS BECAUSE OF A RELIANCE ON A FALSE
STATEMENT PROVIDED IN THE APPLICATION, HOWEVER IS SUBSEQUENTLY DETER-
MINED TO BE INELIGIBLE FOR SUCH ASSISTANCE, THE COMMISSIONER, ON BEHALF
OF THE STATE AND THE LOCAL SOCIAL SERVICES DISTRICT SHALL HAVE THE
AUTHORITY TO RECOUP FROM THE INDIVIDUAL THE SUMS EXPENDED FOR SUCH
ASSISTANCE DURING THE PERIOD OF TIME THAT SUCH PERSON RECEIVED BENEFITS
AND KNEW OR SHOULD HAVE KNOWN THAT THEIR STATEMENT CLAIMING THAT THEY
ARE NEITHER A WANTED FELON OR PROBATION OR PAROLE VIOLATOR STATUS WAS
FALSE.
(E) AN INDIVIDUAL WHO IS IDENTIFIED, AND KNOWS SO OR IS NOTIFIED THER-
EOF, AS BEING A PROBATION OR PAROLE VIOLATOR, AS DEFINED IN SUBDIVISION
ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW, IS NOT
ELIGIBLE FOR PUBLIC ASSISTANCE UNTIL HE OR SHE VERIFIES THAT HE OR SHE
HAS BEEN RESTORED TO PROBATION OR PAROLE SUPERVISION, RELEASED FROM
CUSTODY, OR UNTIL THE PERSON'S MAXIMUM PERIOD OF IMPRISONMENT OR SUPER-
VISION HAS EXPIRED.
S 3. Paragraph (b) of subdivision 1 of section 145-b of the social
services law, as added by chapter 2 of the laws of 1998, is amended to
read as follows:
(b) For purposes of this section, "statement or representation"
includes, but is not limited to:
(I) a claim for payment made to the state, a political subdivision of
the state, or an entity performing services under contract to the state
or a political subdivision of the state;
(II) an acknowledgment, certification, claim, ratification or report
of data which serves as the basis for a claim or a rate of payment,
financial information whether in a cost report or otherwise, health care
services available or rendered, and the qualifications of a person that
is or has rendered health care services;
(III) AN INTENTIONAL INCORRECT ANSWER, MADE BY THE APPLICANT, TO A
QUESTION ON AN APPLICATION FOR PUBLIC ASSISTANCE REGARDING THE WANTED
FELON AS DEFINED IN SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE
A. 4955 4
LAW STATUS OR PROBATION OR PAROLE VIOLATOR AS DEFINED IN SECTION EIGHT
HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW STATUS OF AN APPLICANT OR A
MEMBER OF HIS OR HER FAMILY.
S 4. The state commissioner of social services, in consultation with
the commissioner of the division of criminal justice services, is hereby
authorized and directed to promulgate rules and regulations necessary
for the implementation of this act.
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 this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.