Bill Text: NY S07410 | 2015-2016 | General Assembly | Amended
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2016-07-21 - SIGNED CHAP.209 [S07410 Detail]
Download: New_York-2015-S07410-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7410--A Cal. No. 1367 IN SENATE 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: 1 Section 1. Section 13.09 of the mental hygiene law is amended by 2 adding a new subdivision (h) to read as follows: 3 (h) The commissioner shall be authorized to have access to criminal 4 history information, as defined in paragraph (c) of subdivision one of 5 section eight hundred forty-five-b of the executive law, contained in 6 the central data facility established by the division of criminal 7 justice services, upon such terms and conditions as the commissioner and 8 the commissioner of the division of criminal justice services shall 9 agree. The report containing such criminal history information may be 10 summarized for inclusion in the individual's clinical record, however, 11 such report shall be destroyed within fourteen days of its receipt. Such 12 information shall be used for purposes of making decisions regarding 13 care and treatment, health and safety, privileges and discharge planning 14 for individuals admitted to or retained in a school, as defined in 15 section 15.03 of this title, operated by the office. The commissioner 16 shall promulgate standards regarding the use of such information, which 17 may include, but not be limited to, consideration of the type of offense 18 and the date of conviction, and its relevance, if any, to care and 19 treatment, health and safety and discharge planning. Individuals shall 20 be given written notice that their criminal history information will be 21 obtained by the school, that the opportunity exists to request such 22 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. LBD14259-10-6S. 7410--A 2 1 criminal history information in accordance with the regulations of the 2 division of criminal justice services, and that the opportunity exists 3 to challenge the accuracy of such information maintained in the individ- 4 ual's clinical record to the extent authorized by section 33.16 of this 5 chapter. Such information shall be kept confidential to the extent 6 required under applicable federal and state law, including section 33.13 7 of this chapter. 8 § 2. This act shall take effect on the ninetieth day after it shall 9 have become a law.
