S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7108
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               June 1, 2021
                                ___________
 
 Introduced  by Sen. MANNION -- (at request of the Justice Center for the
   Protection of People with Special Needs) --  read  twice  and  ordered
   printed, and when printed to be committed to the Committee on Disabil-
   ities
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09590-01-1

 S. 7108                             2
 
 TEER,  WHERE  THE  SUBSTANTIATED  CATEGORY  TWO  CONDUCT IN SUCH SUMMARY
 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.