Bill Text: NY A02037 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the mental hygiene law, in relation to providing for the investigation of qualifications of persons employed in programs operated or certified by the office of mental health or the office of mental retardation and developmental disabilities
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2010-01-06 - referred to mental health [A02037 Detail]
Download: New_York-2009-A02037-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2037
2009-2010 Regular Sessions
I N A S S E M B L Y
January 15, 2009
___________
Introduced by M. of A. BENJAMIN, ALFANO -- Multi-Sponsored by -- M. of
A. BARRA, HOOPER, MILLER -- read once and referred to the Committee on
Mental Health, Mental Retardation and Developmental Disabilities
AN ACT to amend the mental hygiene law, in relation to providing for the
investigation of qualifications of persons employed in programs oper-
ated or certified by the office of mental health or the office of
mental retardation and developmental disabilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivision (d) of section 7.19 of the mental hygiene law,
2 as added by chapter 978 of the laws of 1977, is amended to read as
3 follows:
4 (d) The commissioner shall establish regulations governing the person-
5 nel administration of the department and its facilities. THOSE REGU-
6 LATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROCEDURES FOR THE THOR-
7 OUGH INVESTIGATION OF THE QUALIFICATIONS, BACKGROUND AND SUITABILITY OF
8 PROSPECTIVE EMPLOYEES OF PROGRAMS OPERATED OR CERTIFIED BY THE OFFICE.
9 THE INVESTIGATION OF PROSPECTIVE DIRECT CARE EMPLOYEES SHALL, SUBJECT TO
10 THE RULES AND REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
11 AND THE DEPARTMENT OF CIVIL SERVICE, INCLUDE ACCESS TO AND REVIEW OF
12 CONVICTION RECORDS MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE
13 SERVICES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
14 THIRTY-SEVEN OF THE EXECUTIVE LAW.
15 S 2. Subdivisions (d) and (e) of section 13.19 of the mental hygiene
16 law are relettered subdivisions (e) and (f) and a new subdivision (d) is
17 added to read as follows:
18 (D) THE COMMISSIONER SHALL ESTABLISH REGULATIONS GOVERNING THE PERSON-
19 NEL ADMINISTRATION OF THE DEPARTMENT AND ITS FACILITIES. THOSE REGU-
20 LATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, PROCEDURES FOR THE THOR-
21 OUGH INVESTIGATION OF THE QUALIFICATIONS, BACKGROUND AND SUITABILITY OF
22 PROSPECTIVE EMPLOYEES OF PROGRAMS OPERATED OR CERTIFIED BY THE OFFICE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05351-01-9
A. 2037 2
1 THE INVESTIGATION OF PROSPECTIVE DIRECT CARE EMPLOYEES SHALL, SUBJECT TO
2 THE RULES AND REGULATIONS OF THE DIVISION OF CRIMINAL JUSTICE SERVICES
3 AND THE DEPARTMENT OF CIVIL SERVICE, INCLUDE ACCESS TO AND REVIEW OF
4 CONVICTION RECORDS MAINTAINED BY THE DIVISION OF CRIMINAL JUSTICE
5 SERVICES PURSUANT TO SUBDIVISION SIX OF SECTION EIGHT HUNDRED
6 THIRTY-SEVEN OF THE EXECUTIVE LAW.
7 S 3. Paragraph 7 of subdivision (c) of section 16.05 of the mental
8 hygiene law, as renumbered by chapter 618 of the laws of 1990, is renum-
9 bered paragraph 8 and a new paragraph 7 is added to read as follows:
10 (7) THE EXISTENCE OF PROCEDURES FOR THE THOROUGH INVESTIGATION BY
11 CERTIFIED AGENCIES OF THE QUALIFICATIONS, BACKGROUND AND SUITABILITY OF
12 PROSPECTIVE EMPLOYEES. THESE PROCEDURES SHALL INCLUDE BUT NOT BE LIMITED
13 TO THE SUBMISSION, SUBJECT TO THE RULES AND REGULATIONS OF THE DIVISION
14 OF CRIMINAL JUSTICE SERVICES, OF FINGERPRINT INFORMATION TO THE DIVI-
15 SION, FOR THE PURPOSE OF RECEIVING THE CONVICTION RECORDS MAINTAINED BY
16 THE DIVISION, OF PERSONS WHO HAVE APPLIED FOR AND ARE UNDER ACTIVE
17 CONSIDERATION FOR EMPLOYMENT BY SUCH CERTIFIED AGENCIES. A PROSPECTIVE
18 EMPLOYEE SHALL NOT AUTOMATICALLY BE DISQUALIFIED OR BARRED FROM EMPLOY-
19 MENT SOLELY ON THE BASIS OF A CRIMINAL CONVICTION. THE REVIEW OF THE
20 CONVICTION RECORD OF A PROSPECTIVE EMPLOYEE AND A DETERMINATION OF
21 FITNESS FOR EMPLOYMENT IN A CERTIFIED PROGRAM SHALL TAKE INTO FULL
22 CONSIDERATION THE FOLLOWING:
23 (I) THE SPECIFIC DUTIES AND RESPONSIBILITIES NECESSARILY RELATED TO
24 THE EMPLOYMENT SOUGHT;
25 (II) THE BEARING, IF ANY, THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH
26 THE PERSON WAS CONVICTED WILL HAVE ON HIS FITNESS OR ABILITY TO PERFORM
27 ONE OR MORE SUCH DUTIES AND RESPONSIBILITIES;
28 (III) THE TIME WHICH HAS ELAPSED SINCE THE OCCURRENCE OF THE CRIMINAL
29 OFFENSE OR OFFENSES;
30 (IV) THE AGE OF THE PERSON AT THE TIME OF OCCURRENCE OF THE CRIMINAL
31 OFFENSE OR OFFENSES;
32 (V) THE SERIOUSNESS OF THE CRIMINAL OFFENSE OR OFFENSES;
33 (VI) ANY INFORMATION PRODUCED BY THE PERSON, OR PRODUCED ON HIS
34 BEHALF, IN REGARD TO HIS REHABILITATION AND GOOD CONDUCT;
35 (VII) THE LEGITIMATE INTEREST OF THE PROSPECTIVE EMPLOYER IN PROTECT-
36 ING PROPERTY, AND THE SAFETY AND WELFARE OF CLIENTS BEING SERVED BY THE
37 CERTIFIED PROGRAM;
38 S 4. Paragraphs 3, 4, 5, 6 and 7 of subdivision (a) of section 31.05
39 of the mental hygiene law are renumbered paragraphs 4, 5, 6, 7 and 8 and
40 a new paragraph 3 is added to read as follows:
41 3. THERE EXISTS SATISFACTORY PROCEDURES FOR THE THOROUGH INVESTIGATION
42 BY CERTIFIED AGENCIES OF THE QUALIFICATIONS, BACKGROUND AND SUITABILITY
43 OF PROSPECTIVE EMPLOYEES. THESE PROCEDURES SHALL INCLUDE BUT NOT BE
44 LIMITED TO THE SUBMISSION, SUBJECT TO THE RULES AND REGULATIONS OF THE
45 DIVISION OF CRIMINAL JUSTICE SERVICES, OF FINGERPRINT INFORMATION TO THE
46 DIVISION, FOR THE PURPOSE OF RECEIVING THE CONVICTION RECORDS MAINTAINED
47 BY THE DIVISION, OF PERSONS WHO HAVE APPLIED FOR AND ARE UNDER ACTIVE
48 CONSIDERATION FOR EMPLOYMENT BY SUCH CERTIFIED AGENCIES. A PROSPECTIVE
49 EMPLOYEE SHALL NOT BE AUTOMATICALLY DISQUALIFIED OR BARRED FROM EMPLOY-
50 MENT SOLELY ON THE BASIS OF A CRIMINAL CONVICTION. THE REVIEW OF THE
51 CONVICTION RECORD OF A PROSPECTIVE EMPLOYEE AND A DETERMINATION OF
52 FITNESS FOR EMPLOYMENT IN A CERTIFIED PROGRAM SHALL TAKE INTO FULL
53 CONSIDERATION THE FOLLOWING:
54 (I) THE SPECIFIC DUTIES AND RESPONSIBILITIES NECESSARILY RELATED TO
55 THE EMPLOYMENT SOUGHT;
A. 2037 3
1 (II) THE BEARING, IF ANY, THE CRIMINAL OFFENSE OR OFFENSES FOR WHICH
2 THE PERSON WAS CONVICTED WILL HAVE ON HIS FITNESS OR ABILITY TO PERFORM
3 ONE OR MORE OF SUCH DUTIES AND RESPONSIBILITIES;
4 (III) THE TIME WHICH HAS ELAPSED SINCE THE OCCURRENCE OF THE CRIMINAL
5 OFFENSE OR OFFENSES;
6 (IV) THE AGE OF THE PERSON AT THE TIME OF OCCURRENCE OF THE CRIMINAL
7 OFFENSE OR OFFENSES;
8 (V) THE SERIOUSNESS OF THE CRIMINAL OFFENSE OR OFFENSES;
9 (VI) ANY INFORMATION PRODUCED BY THE PERSON, OR PRODUCED ON HIS
10 BEHALF, IN REGARD TO HIS REHABILITATION AND GOOD CONDUCT;
11 (VII) THE LEGITIMATE INTEREST OF THE PROSPECTIVE EMPLOYER IN PROTECT-
12 ING PROPERTY, AND THE SAFETY AND WELFARE OF THE CLIENTS BEING SERVED IN
13 THE CERTIFIED PROGRAM;
14 S 5. This act shall take effect on the one hundred eightieth day after
15 it shall have become a law; provided however, that effective immediate-
16 ly, the addition, amendment and/or repeal of any rule or regulation
17 necessary for the implementation of the foregoing sections of this act
18 on their effective date are authorized and directed to be made and
19 completed on or before such effective date; provided, however, that the
20 renumbering of paragraph 6 of subdivision (a) of section 31.05 of the
21 mental hygiene law made by section four of this act shall not affect the
22 repeal of such paragraph and shall be deemed repealed therewith.
