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Senate Bill S7309

2015-2016 Legislative Session

Relates to criminal history background checks for custodians in programs licensed, operated, certified or funded by the office of alcoholism and substance abuse services; repealer

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Archive: Last Bill Status - In Assembly Committee

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2015-S7309 (ACTIVE) - Details

Current Committee:
Assembly Alcoholism And Drug Abuse
Law Section:
Mental Hygiene Law
Laws Affected:
Amd §19.20 & 19.20-a, rpld §19.20 sub (e), Ment Hyg L

2015-S7309 (ACTIVE) - Summary

Relates to criminal history background checks for custodians in programs licensed, operated, certified or funded by the office of alcoholism and substance abuse services.

2015-S7309 (ACTIVE) - Sponsor Memo

2015-S7309 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7309

                            I N  S E N A T E

                             April 13, 2016
                               ___________

Introduced  by  Sen.  AMEDORE -- (at request of the Office of Alcoholism
  and Substance Abuse Services) -- read twice and ordered  printed,  and
  when  printed  to be committed to the Committee on Alcoholism and Drug
  Abuse

AN ACT to amend the mental hygiene law, in relation to criminal  history
  background  checks  for  custodians  in  programs  licensed, operated,
  certified or funded by the office of alcoholism  and  substance  abuse
  services; and repealing certain provisions of such law relating there-
  to

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (f) of section 19.20 of the mental hygiene law,
as added by section 2 of part F of chapter 501 of the laws of  2012,  is
amended to read as follows:
  (f)  Where  the  criminal  history  information received by the office
includes a criminal offense in any state [other than New York],  INCLUD-
ING  NEW  YORK,  or in a federal jurisdiction, the office shall consider
whether to approve or disapprove the prospective employee based  on  the
criminal  history information in accordance with the provisions of arti-
cle twenty-three-A of the correction law and  subdivisions  fifteen  and
sixteen of section two hundred ninety-six of the executive law and noti-
fy  the provider of its determination, provided, however, that a reason-
able time before making a determination pursuant  to  this  subdivision,
the  office  shall  provide the prospective employee or volunteer with a
copy of the criminal history information and a copy of  article  twenty-
three-A  of  the correction law, and inform such prospective employee or
volunteer of his or her right to seek correction of any incorrect infor-
mation contained in such criminal history information  pursuant  to  the
regulations  and  procedures  established  by  the  division of criminal
justice services.
  S 2. Subdivision (e) of section 19.20 if the  mental  hygiene  law  is
REPEALED and a new subdivision (e) is added to read as follows:
  (E)  UPON RECEIPT OF CRIMINAL HISTORY INFORMATION FROM THE DIVISION OF
CRIMINAL JUSTICE SERVICES, THE OFFICE MAY REQUEST, AND  IS  ENTITLED  TO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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