Bill Text: NY A04955 | 2013-2014 | General Assembly | Introduced


Bill Title: Requires the division of criminal justice services to check the wanted felon status and probation or parole violator status of people applying for public assistance.

Spectrum: Partisan Bill (Republican 24-1)

Status: (Introduced - Dead) 2014-01-08 - referred to governmental operations [A04955 Detail]

Download: New_York-2013-A04955-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4955
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 13, 2013
                                      ___________
       Introduced  by  M.  of A. BARCLAY, CROUCH, GIGLIO, CORWIN, GRAF, HAWLEY,
         WALTER, McLAUGHLIN, CURRAN, DUPREY,  MONTESANO,  McKEVITT,  LOSQUADRO,
         TENNEY,  SALADINO,  RAIA  --  Multi-Sponsored  by  -- M. of A. ARROYO,
         CERETTO, FRIEND, McDONOUGH -- read once and referred to the  Committee
         on Governmental Operations
       AN  ACT  to  amend  the  executive  law  and the social services law, in
         relation to requiring the division of  criminal  justice  services  to
         check the wanted felon status and other information of people applying
         for public assistance
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The executive law is amended by adding a new section  845-c
    2  to read as follows:
    3    S  845-C.  REQUESTS  FOR WANTED FELON INFORMATION. 1. DEFINITIONS.  AS
    4  USED IN THIS SECTION:
    5    (A) "AUTHORIZED PERSON" MEANS A COMMISSIONER OF  SOCIAL  SERVICES,  AS
    6  DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE SOCIAL SERVICES LAW, OR
    7  ANY  ONE  OR MORE INDIVIDUALS DESIGNATED BY SUCH COMMISSIONER AS AUTHOR-
    8  IZED TO REQUEST, RECEIVE AND REVIEW  INFORMATION  REGARDING  THE  WANTED
    9  FELON PORTION OF THE NATIONAL CRIME INFORMATION CENTER AND/OR, IF APPLI-
   10  CABLE,  INFORMATION  REGARDING  AN  INDIVIDUAL'S VIOLATION OF HIS OR HER
   11  PROBATION OR PAROLE CONDITIONS PURSUANT TO THIS SECTION.  A COMMISSIONER
   12  OF SOCIAL SERVICES MAY DESIGNATE  ONE  OR  MORE  ADDITIONAL  PERSONS  AS
   13  NECESSARY TO SERVE AS AUTHORIZED PERSONS PURSUANT TO THIS SECTION.
   14    (B)  "SUBJECT  INDIVIDUAL"  MEANS  A PERSON WHO IS APPLYING FOR PUBLIC
   15  ASSISTANCE WHOSE WANTED FELON STATUS OR  PROBATION  OR  PAROLE  VIOLATOR
   16  STATUS  HAS BEEN REQUESTED PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO OF
   17  THE SOCIAL SERVICES LAW.
   18    (C) "WANTED FELON" MEANS A PERSON WHO IS FLEEING OR HAS FLED TO  AVOID
   19  PROSECUTION,  OR CUSTODY OR CONFINEMENT AFTER CONVICTION, UNDER THE LAWS
   20  OF THE PLACE FROM WHICH THE PERSON FLEES, FOR A CRIME, OR AN ATTEMPT  TO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04866-01-3
       A. 4955                             2
    1  COMMIT A CRIME, WHICH IS A FELONY UNDER THE LAWS OF THE PLACE FROM WHICH
    2  THE PERSON FLEES.
    3    (D)  "PROBATION  OR PAROLE VIOLATOR" MEANS A PERSON WHO IS VIOLATING A
    4  CONDITION OF PROBATION OR PAROLE AND THAT PERSON IS CURRENTLY AN ABSCON-
    5  DER FROM PROBATION OR PAROLE SUPERVISION AND A WARRANT ALLEGING  SUCH  A
    6  VIOLATION  IS  OUTSTANDING,  OR  THE  PERSON  HAS BEEN FOUND BY JUDICIAL
    7  DETERMINATION TO HAVE VIOLATED PROBATION OR  BY  ADMINISTRATIVE  ADJUDI-
    8  CATION  BY THE DIVISION OF PAROLE TO HAVE VIOLATED PAROLE, OR THE PERSON
    9  IS VIOLATING A CONDITION OF PROBATION OR PAROLE  IMPOSED  UNDER  FEDERAL
   10  LAW.
   11    2. WHERE AN AUTHORIZED PERSON REQUESTS INFORMATION REGARDING THE WANT-
   12  ED FELON STATUS OR THE PROBATION OR PAROLE VIOLATOR STATUS, OF A SUBJECT
   13  INDIVIDUAL  APPLYING  FOR PUBLIC ASSISTANCE REQUIRED PURSUANT TO SECTION
   14  ONE HUNDRED THIRTY-TWO OF THE SOCIAL SERVICES  LAW,  SUCH  PERSON  SHALL
   15  PROCEED PURSUANT TO THE PROVISIONS OF THIS SECTION.
   16    3.  AN  AUTHORIZED  PERSON  REQUESTING  THE  WANTED  FELON  STATUS  OR
   17  PROBATION OR PAROLE VIOLATOR STATUS, PURSUANT TO THIS SECTION  SHALL  DO
   18  SO  BY  COMPLETING  A FORM ESTABLISHED FOR SUCH PURPOSE BY THE DIVISION.
   19  SUCH FORM SHALL INCLUDE A  SWORN  STATEMENT  OF  THE  AUTHORIZED  PERSON
   20  CERTIFYING THAT:
   21    (A)  THE  PERSON FOR WHOSE INFORMATION IS REQUESTED IS A SUBJECT INDI-
   22  VIDUAL FOR WHOM INFORMATION IS AVAILABLE BY LAW;
   23    (B) THE RESULTS OF REQUEST WILL BE USED BY THE AUTHORIZED PERSON SOLE-
   24  LY FOR PURPOSES AUTHORIZED BY LAW; AND
   25    (C) THE AUTHORIZED PERSON AND HIS OR  HER  AGENTS  AND  EMPLOYEES  ARE
   26  AWARE  OF  AND  WILL  ABIDE  BY THE CONFIDENTIALITY REQUIREMENTS AND ALL
   27  OTHER PROVISIONS OF THIS ARTICLE.
   28    S 2. Subdivision 1 of section 132  of  the  social  services  law,  as
   29  amended  by  section 22 of part B of chapter 436 of the laws of 1997, is
   30  amended to read as follows:
   31    1. (A) When an application for assistance or care is  received,  or  a
   32  social  services official is informed that a person is in need of public
   33  assistance and care, an investigation and record shall be  made  of  the
   34  circumstances of such person. The object of such investigations shall be
   35  to  secure  the  facts  necessary to determine whether such person is in
   36  need of public assistance or care and what form thereof and  service  he
   37  or  she  should receive AND TO DETERMINE WHETHER SUCH PERSON IS A WANTED
   38  FELON  AS  DEFINED  IN  SUBDIVISION  ONE  OF   SECTION   EIGHT   HUNDRED
   39  FORTY-FIVE-C  OF  THE EXECUTIVE LAW OR A PROBATION OR PAROLE VIOLATOR AS
   40  DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF  THE
   41  EXECUTIVE  LAW  AND  IF  SUCH  WARRANT OR VIOLATION EXISTS, WHETHER SUCH
   42  PERSON WAS AWARE OR SHOULD HAVE BEEN AWARE OF SUCH WARRANT OR VIOLATION.
   43  Information shall be sought as to the  residence  of  such  person,  the
   44  name,  age,  religious  faith,  physical  condition,  earnings  or other
   45  income, and ability to work of all members of the family, the  cause  of
   46  the person's condition, the ability and willingness of the family, rela-
   47  tives,  friends  and  church  to  assist, and such other facts as may be
   48  useful in determining the  treatment  which  will  be  helpful  to  such
   49  person.  However, nothing in this subdivision or elsewhere in this chap-
   50  ter contained shall be construed to require a social  services  official
   51  to  communicate  with  or  require assistance from any person or persons
   52  liable by law to contribute to the support of a woman pregnant with,  or
   53  the  mother  of, an out of wedlock child, in need of care away from home
   54  during pregnancy and during and after delivery, in the  case  where  the
   55  surrender  of the child to the social services official is under consid-
   56  eration, for such period as may be necessary for such mother  and  offi-
       A. 4955                             3
    1  cial  to  decide  whether  the child will be surrendered for adoption to
    2  such official, which period shall not extend beyond  ninety  days  after
    3  birth  of  the child. Except where the welfare official is in possession
    4  of  positive  proof  that  the  applicant is receiving or is eligible to
    5  receive unemployment insurance benefits  and  the  amount  thereof  such
    6  investigations  shall  include  written  request  to the commissioner of
    7  labor or his or her duly authorized officer charged with  administration
    8  of  the  unemployment  insurance law for information as to the status of
    9  such person in respect to unemployment insurance benefits.
   10    (B) THE COMMISSIONER OF A SOCIAL SERVICES DISTRICT OR  ANY  AUTHORIZED
   11  PERSON,  AS  DEFINED IN SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECU-
   12  TIVE LAW, SHALL REQUEST INFORMATION FOR EACH APPLICANT FROM THE DIVISION
   13  OF CRIMINAL JUSTICE SERVICES, TO DETERMINE WHETHER SUCH APPLICANT  IS  A
   14  WANTED  FELON  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION EIGHT HUNDRED
   15  FORTY-FIVE-C OF THE EXECUTIVE LAW OR PROBATION  OR  PAROLE  VIOLATOR  AS
   16  DEFINED  IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE
   17  EXECUTIVE LAW.
   18    (C) UPON BEING INFORMED BY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
   19  THAT  AN  APPLICANT IS A WANTED FELON OR A PROBATION OR PAROLE VIOLATOR,
   20  PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE
   21  EXECUTIVE LAW, THE COMMISSIONER SHALL INVESTIGATE TO  DETERMINE  WHETHER
   22  THE  APPLICANT  IS  AWARE OF HIS OR HER STATUS AND TO DETERMINE WHEN THE
   23  APPLICANT BECAME, OR SHOULD HAVE BECOME AWARE OF HIS OR HER STATUS.
   24    (D) WHERE AN APPLICANT HAS NOT INITIALLY BEEN DETERMINED TO BE  INELI-
   25  GIBLE  FOR  PUBLIC  ASSISTANCE BENEFITS BECAUSE OF A RELIANCE ON A FALSE
   26  STATEMENT PROVIDED IN THE APPLICATION, HOWEVER  IS  SUBSEQUENTLY  DETER-
   27  MINED  TO BE INELIGIBLE FOR SUCH ASSISTANCE, THE COMMISSIONER, ON BEHALF
   28  OF THE STATE AND THE LOCAL  SOCIAL  SERVICES  DISTRICT  SHALL  HAVE  THE
   29  AUTHORITY  TO  RECOUP  FROM  THE  INDIVIDUAL  THE SUMS EXPENDED FOR SUCH
   30  ASSISTANCE DURING THE PERIOD OF TIME THAT SUCH PERSON RECEIVED  BENEFITS
   31  AND  KNEW  OR  SHOULD HAVE KNOWN THAT THEIR STATEMENT CLAIMING THAT THEY
   32  ARE NEITHER A WANTED FELON OR PROBATION OR PAROLE  VIOLATOR  STATUS  WAS
   33  FALSE.
   34    (E) AN INDIVIDUAL WHO IS IDENTIFIED, AND KNOWS SO OR IS NOTIFIED THER-
   35  EOF,  AS BEING A PROBATION OR PAROLE VIOLATOR, AS DEFINED IN SUBDIVISION
   36  ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW,  IS  NOT
   37  ELIGIBLE  FOR  PUBLIC ASSISTANCE UNTIL HE OR SHE VERIFIES THAT HE OR SHE
   38  HAS BEEN RESTORED TO PROBATION  OR  PAROLE  SUPERVISION,  RELEASED  FROM
   39  CUSTODY,  OR UNTIL THE PERSON'S MAXIMUM PERIOD OF IMPRISONMENT OR SUPER-
   40  VISION HAS EXPIRED.
   41    S 3. Paragraph (b) of subdivision 1 of section  145-b  of  the  social
   42  services  law,  as added by chapter 2 of the laws of 1998, is amended to
   43  read as follows:
   44    (b) For  purposes  of  this  section,  "statement  or  representation"
   45  includes, but is not limited to:
   46    (I)  a claim for payment made to the state, a political subdivision of
   47  the state, or an entity performing services under contract to the  state
   48  or a political subdivision of the state;
   49    (II)  an  acknowledgment, certification, claim, ratification or report
   50  of data which serves as the basis for a claim  or  a  rate  of  payment,
   51  financial information whether in a cost report or otherwise, health care
   52  services  available or rendered, and the qualifications of a person that
   53  is or has rendered health care services;
   54    (III) AN INTENTIONAL INCORRECT ANSWER, MADE BY  THE  APPLICANT,  TO  A
   55  QUESTION  ON  AN  APPLICATION FOR PUBLIC ASSISTANCE REGARDING THE WANTED
   56  FELON AS DEFINED IN SECTION EIGHT HUNDRED FORTY-FIVE-C OF THE  EXECUTIVE
       A. 4955                             4
    1  LAW  STATUS  OR PROBATION OR PAROLE VIOLATOR AS DEFINED IN SECTION EIGHT
    2  HUNDRED FORTY-FIVE-C OF THE EXECUTIVE LAW STATUS OF AN  APPLICANT  OR  A
    3  MEMBER OF HIS OR HER FAMILY.
    4    S  4.  The state commissioner of social services, in consultation with
    5  the commissioner of the division of criminal justice services, is hereby
    6  authorized and directed to promulgate rules  and  regulations  necessary
    7  for the implementation of this act.
    8    S 5. This act shall take effect on the one hundred eightieth day after
    9  it shall have become a law; provided, however, that effective immediate-
   10  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
   11  necessary for the implementation of this act on its effective  date  are
   12  authorized  and  directed  to  be  made  and completed on or before such
   13  effective date.
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