NY State Senate Bill 2015-S7410A

Senate Bill S7410A

Signed By Governor

2015-2016 Legislative Session

Authorizes the commissioner of the office for people with developmental disabilities to have access to certain criminal history

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2016	signed chap.209
Jul 13, 2016	delivered to governor
Jun 16, 2016	returned to senate passed assembly ordered to third reading rules cal.424 substituted for a10556
Jun 14, 2016	referred to codes delivered to assembly passed senate
Jun 07, 2016	advanced to third reading
Jun 06, 2016	2nd report cal. amended 7410a
Jun 02, 2016	1st report cal.1367
Apr 29, 2016	referred to mental health and developmental disabilities

Votes

- Jun 14, 2016 - Floor Vote
  S7410A
  
  59
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 14, 2016
      
      aye (59)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hoylman-Sigal
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Peralta
      
      Persaud
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (2)
      
      Hassell-Thompson
      
      Perkins
      
      excused (2)
      
      Diaz
      
      Parker
  Jun 2, 2016 - Committee Vote
  S7410A
  
  8
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Committee Vote: Jun 2, 2016
      
      aye (8)
      
      Carlucci
      
      Felder
      
      Hannon
      
      Murphy
      
      Ortt
      
      Serino
      
      Serrano
      
      Seward
      
      aye wr (3)
      
      Hamilton
      
      Krueger
      
      Rivera

Bill Amendments

Original

A (Active)

2015-S7410 - Details

See Assembly Version of this Bill:: A10556
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.09, Ment Hyg L

2015-S7410 - Summary

Authorizes the commissioner of the office for people with developmental disabilities to have access to certain criminal history information contained in the central data facility established by the division of criminal justice services.

2015-S7410 - Sponsor Memo

                                 BILL NUMBER:  S7410

 TITLE OF BILL :

An act to amend the mental hygiene law, in relation to authorizing the
commissioner of the office for people with developmental disabilities
to have access to certain criminal history information

 PURPOSE OF THE BILL :

This bill would amend the Mental Hygiene Law (MHL) to allow the Office
of People with Developmental Disabilities (OPWDD) to access criminal
history information contained in the Central Data Facility established
by Division of Criminal Justice Services (DCJS) in the same manner as
the Office of Mental Health (OMH).

 SUMMARY OF PROVISIONS :

Section 1 of this bill would amend MHL § 13.09 to authorize OPWDD to
have access to criminal history information contained in the Central
Data Facility established by DCJS. The Commissioners of OPWDD and DCJS
would enter into an agreement regarding the terms and conditions of
such access.

Section 2 of the bill would provide for an effective date 90 days
after enactment.

 STATEMENT OF SUPPORT :

Under MHL § 7.09(i), OMH is currently authorized to access criminal
history information contained in the Central Data Facility established
by DCJS. However, OPWDD lacks similar authorization. This bill would
allow OPWDD to access criminal history records from DCJS in the same
manner as OMH

This information is necessary for OPWDD to provide important
background data to OPWDD clinicians and staff. It will help to ensure
that staff has complete and accurate information upon which to make
care and treatment decisions, as well as helping to ensure the health
and safety of individuals receiving services, staff and the public.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

This bill is not expected to have a material impact on State finances.

 LOCAL IMPACT :

This bill is not expected to have a material fiscal impact on
localities.

 EFFECTIVE DATE :
This bill would take effect 90 days after enactment.

2015-S7410 - Bill Text download pdf

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

                                  7410

                            I N  S E N A T E

                             April 29, 2016
                               ___________

Introduced by Sen. CARLUCCI -- (at request of the Office for People with
  Developmental  Disabilities)  --  read  twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental Disabilities

AN  ACT  to amend the mental hygiene law, in relation to authorizing the
  commissioner of the office for people with developmental  disabilities
  to have access to certain criminal history information

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

  Section 1. Section 13.09 of the  mental  hygiene  law  is  amended  by
adding a new subdivision (h) to read as follows:
  (H)  THE  COMMISSIONER  SHALL BE AUTHORIZED TO HAVE ACCESS TO CRIMINAL
HISTORY INFORMATION CONTAINED IN THE CENTRAL DATA  FACILITY  ESTABLISHED
BY THE DIVISION OF CRIMINAL JUSTICE SERVICES, UPON SUCH TERMS AND CONDI-
TIONS AS THE COMMISSIONER AND THE COMMISSIONER OF THE DIVISION OF CRIMI-
NAL  JUSTICE  SERVICES  SHALL AGREE. THE REPORT CONTAINING SUCH CRIMINAL
HISTORY INFORMATION MAY BE SUMMARIZED FOR INCLUSION IN THE  INDIVIDUAL'S
CLINICAL RECORD, HOWEVER, SUCH REPORT SHALL BE DESTROYED WITHIN FOURTEEN
DAYS  OF  ITS  RECEIPT.  SUCH  INFORMATION SHALL BE USED FOR PURPOSES OF
MAKING DECISIONS REGARDING CARE AND TREATMENT, HEALTH AND SAFETY, PRIVI-
LEGES AND DISCHARGE PLANNING FOR INDIVIDUALS ADMITTED TO OR RETAINED  IN
A SCHOOL OPERATED BY THE OFFICE. THE COMMISSIONER SHALL PROMULGATE STAN-
DARDS  REGARDING THE USE OF SUCH INFORMATION, WHICH MAY INCLUDE, BUT NOT
BE LIMITED TO, CONSIDERATION OF THE TYPE OF  OFFENSE  AND  THE  DATE  OF
CONVICTION, AND ITS RELEVANCE, IF ANY, TO CARE AND TREATMENT, HEALTH AND
SAFETY AND DISCHARGE PLANNING. INDIVIDUALS SHALL BE GIVEN WRITTEN NOTICE
THAT  THEIR CRIMINAL HISTORY INFORMATION WILL BE OBTAINED BY THE SCHOOL,
THAT THE OPPORTUNITY EXISTS TO REQUEST THE CORRECTION OF ANY  INACCURATE
CRIMINAL  HISTORY  INFORMATION IN ACCORDANCE WITH THE REGULATIONS OF THE
DIVISION OF CRIMINAL JUSTICE SERVICES, AND THAT THE  OPPORTUNITY  EXISTS
TO CHALLENGE THE ACCURACY OF SUCH INFORMATION MAINTAINED IN THE INDIVID-
UAL'S  CLINICAL RECORD TO THE EXTENT AUTHORIZED BY SECTION 33.16 OF THIS
CHAPTER. SUCH INFORMATION SHALL  BE  KEPT  CONFIDENTIAL  TO  THE  EXTENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14259-04-6

S. 7410                             2

REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAW, INCLUDING SECTION 33.13
OF THIS CHAPTER.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

2015-S7410A (ACTIVE) - Details

See Assembly Version of this Bill:: A10556
Law Section:: Mental Hygiene Law
Laws Affected:: Amd §13.09, Ment Hyg L

2015-S7410A (ACTIVE) - Summary

2015-S7410A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7410A

 TITLE OF BILL :

An act to amend the mental hygiene law, in relation to authorizing the
commissioner of the office for people with developmental disabilities
to have access to certain criminal history information

 PURPOSE OF THE BILL :

This bill would amend the Mental Hygiene Law to allow OPWDD
developmental centers to access criminal history information, as
defined in the executive law, contained in the Central Data Facility
established by Division of Criminal Justice Services (DCJS) in the
same manner as Office of Mental Health (OMH).

 SUMMARY OF PROVISIONS :

Section 1 of this bill would amend section 13.09 of the Mental Hygiene
Law (MHL) to authorize OPWDD developmental centers to have access to
criminal history information, as defined in section 845-b(1)(c) of the
Executive Law, contained in the Central Data Facility established by
DCJS. The Commissioners of OPWDD and DCJS would have to agree to the
terms and conditions of this access.

Section 2 of the bill would provide for an effective date 90 days

after enactment.

 JUSTIFICATION :

Currently, the Office of Mental Hygiene has statutory authority to
access criminal history information contained in the Central Data
Facility established by DCJS while OPWDD developmental centers lack
similar authorization. This bill would allow OPWDD to access criminal
history records from DCJS in the same manner as the access afforded to
the Office of Mental Health (pursuant to Mental Hygiene Law §
7.09(i)). Individuals will receive written notice that their
information will be accessed, and that they have the opportunity to
request the information and seek correction of any inaccurate
information. This information is necessary for OPWDD to provide
important background data to OPWDD clinicians and staff. It will help
to ensure that staff has complete and accurate information upon which
to make care and treatment decisions, as well as helping to ensure the
health and safety of individuals receiving services, staff and the
public.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

This bill is not expected to have a material impact on State finances.

 EFFECTIVE DATE :
This bill would take effect 90 days after enactment.

2015-S7410A (ACTIVE) - Bill Text download pdf

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

                                 7410--A
    Cal. No. 1367

                            I N  S E N A T E

                             April 29, 2016
                               ___________

Introduced by Sen. CARLUCCI -- (at request of the Office for People with
  Developmental  Disabilities)  --  read  twice and ordered printed, and
  when printed to be committed to the Committee  on  Mental  Health  and
  Developmental  Disabilities -- reported favorably from said committee,
  ordered to first report, amended on first report, ordered to a  second
  report  and  ordered  reprinted,  retaining  its place in the order of
  second report

AN ACT to amend the mental hygiene law, in relation to  authorizing  the
  commissioner  of the office for people with developmental disabilities
  to have access to certain criminal history information

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

  Section  1.  Section  13.09  of  the  mental hygiene law is amended by
adding a new subdivision (h) to read as follows:
  (H) THE COMMISSIONER SHALL BE AUTHORIZED TO HAVE  ACCESS  TO  CRIMINAL
HISTORY  INFORMATION,  AS DEFINED IN PARAGRAPH (C) OF SUBDIVISION ONE OF
SECTION EIGHT HUNDRED FORTY-FIVE-B OF THE EXECUTIVE  LAW,  CONTAINED  IN
THE  CENTRAL  DATA  FACILITY  ESTABLISHED  BY  THE  DIVISION OF CRIMINAL
JUSTICE SERVICES, UPON SUCH TERMS AND CONDITIONS AS THE COMMISSIONER AND
THE COMMISSIONER OF THE DIVISION  OF  CRIMINAL  JUSTICE  SERVICES  SHALL
AGREE.  THE  REPORT  CONTAINING SUCH CRIMINAL HISTORY INFORMATION MAY BE
SUMMARIZED FOR INCLUSION IN THE INDIVIDUAL'S CLINICAL  RECORD,  HOWEVER,
SUCH REPORT SHALL BE DESTROYED WITHIN FOURTEEN DAYS OF ITS RECEIPT. SUCH
INFORMATION  SHALL  BE  USED  FOR PURPOSES OF MAKING DECISIONS REGARDING
CARE AND TREATMENT, HEALTH AND SAFETY, PRIVILEGES AND DISCHARGE PLANNING
FOR INDIVIDUALS ADMITTED TO OR RETAINED  IN  A  SCHOOL,  AS  DEFINED  IN
SECTION  15.03  OF  THIS TITLE, OPERATED BY THE OFFICE. THE COMMISSIONER
SHALL PROMULGATE STANDARDS REGARDING THE USE OF SUCH INFORMATION,  WHICH
MAY INCLUDE, BUT NOT BE LIMITED TO, CONSIDERATION OF THE TYPE OF OFFENSE
AND  THE  DATE  OF  CONVICTION,  AND  ITS RELEVANCE, IF ANY, TO CARE AND
TREATMENT, HEALTH AND SAFETY AND DISCHARGE PLANNING.  INDIVIDUALS  SHALL
BE  GIVEN WRITTEN NOTICE THAT THEIR CRIMINAL HISTORY INFORMATION WILL BE
OBTAINED BY THE SCHOOL, THAT THE  OPPORTUNITY  EXISTS  TO  REQUEST  SUCH
CRIMINAL  HISTORY  INFORMATION AND SEEK THE CORRECTION OF ANY INACCURATE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD14259-10-6

S. 7410--A                          2

CRIMINAL HISTORY INFORMATION IN ACCORDANCE WITH THE REGULATIONS  OF  THE
DIVISION  OF  CRIMINAL JUSTICE SERVICES, AND THAT THE OPPORTUNITY EXISTS
TO CHALLENGE THE ACCURACY OF SUCH INFORMATION MAINTAINED IN THE INDIVID-
UAL'S  CLINICAL RECORD TO THE EXTENT AUTHORIZED BY SECTION 33.16 OF THIS
CHAPTER. SUCH INFORMATION SHALL  BE  KEPT  CONFIDENTIAL  TO  THE  EXTENT
REQUIRED UNDER APPLICABLE FEDERAL AND STATE LAW, INCLUDING SECTION 33.13
OF THIS CHAPTER.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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