S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7684
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 19, 2021
                                ___________
 
 Introduced  by M. of A. GUNTHER -- (at request of the Justice Center for
   the Protection of People with Special Needs) -- read once and referred
   to the Committee on Mental Health
 
 AN ACT to amend the executive law, in  relation  to  providing  licensed
   facilities  a  summary  of final substantiated reports of category two
   conduct of an employee or volunteer
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 562 of the executive law, as added
 by section 3 of part A of chapter 501 of the laws of 2012, is amended to
 read as follows:
   1.  (A)  Upon  receiving  a  request for criminal history information,
 pursuant to section eight hundred forty-five-b of this  chapter,  for  a
 prospective  employee  or  volunteer of a facility or provider licensed,
 operated, or certified by the office for people with developmental disa-
 bilities, the justice center shall furnish a summary of  any  substanti-
 ated reports in its possession regarding a FINAL finding of category two
 conduct  pursuant  to  section  four  hundred ninety-three of the social
 services law, by a prospective employee or volunteer[, if  all  relevant
 hearings  and  appeals  have  been  exhausted]. The justice center shall
 provide such summary report to the authorized person as defined in para-
 graph (b) of subdivision one of section eight  hundred  forty-five-b  of
 this  chapter  and  at  that  same  time  furnish  such documents to the
 prospective employee or volunteer at the address for such person  listed
 on the request.
   (B)  NOTWITHSTANDING  PARAGRAPH (A) OF THIS SUBDIVISION, A FACILITY OR
 PROVIDER LICENSED, OPERATED OR CERTIFIED BY THE OFFICE FOR  PEOPLE  WITH
 DEVELOPMENTAL  DISABILITIES  SHALL  BE  PROVIDED  A SUMMARY OF ANY FINAL
 FINDING OF CATEGORY TWO CONDUCT PURSUANT TO SECTION FOUR  HUNDRED  NINE-
 TY-THREE  OF  THE  SOCIAL SERVICES LAW, FOR A CURRENT EMPLOYEE OR VOLUN-
 TEER, WHERE THE SUBSTANTIATED  CATEGORY  TWO  CONDUCT  IN  SUCH  SUMMARY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09590-01-1

 A. 7684                             2
 
 OCCURRED  AT  ANOTHER  FACILITY  OR  PROVIDER AGENCY. THE JUSTICE CENTER
 SHALL ADDITIONALLY PROVIDE SUCH SUMMARY TO THE EMPLOYEE OR VOLUNTEER  IF
 SUCH SUMMARY HAS NOT PREVIOUSLY BEEN PROVIDED.
   (C)  FOR THE PURPOSES OF THIS SUBDIVISION, A FINAL FINDING OF CATEGORY
 TWO CONDUCT SHALL MEAN A FINDING FOR WHICH  ALL  RELEVANT  HEARINGS  AND
 APPEALS  HAVE  BEEN EXHAUSTED AND HAS NOT BEEN SEALED IN ACCORDANCE WITH
 SECTION FOUR HUNDRED NINETY-THREE OF THE SOCIAL SERVICES LAW.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.