Bill Text: VA HB1729 | 2011 | Regular Session | Chaptered
Bill Title: Criminal background checks; DBHDS to use for employment of certain persons.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2011-03-26 - Governor: Acts of Assembly Chapter text (CHAP0657) [HB1729 Detail]
Download: Virginia-2011-HB1729-Chaptered.html
Be it enacted by the General Assembly of Virginia: 1. That §§ 37.2-416 and 37.2-506 of the Code of Virginia are amended and reenacted as follows: § 37.2-416. Background checks required. A. As used in this section, the term "direct consumer care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of a consumer or (ii) immediately supervising a person in a position with this responsibility. As used in this section, "hire for compensated employment" does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same licensee licensed pursuant to this article or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program licensed pursuant to this article if the person employed prior to July 1, 1999, in a licensed program had no convictions in the five years prior to the application date for employment. As used in this section, "hire for compensated employment" includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or mental retardation direct consumer care position within the same licensee licensed pursuant to this article or (b) new employment in any mental health or mental retardation direct consumer care position in another office or program of the same licensee licensed pursuant to this article for which the person has previously worked in an adult substance abuse treatment position. B. Every provider licensed pursuant to this article shall
require any applicant who accepts employment in any direct consumer care
position to submit to fingerprinting and provide personal descriptive information
to be forwarded through the Central Criminal Records Exchange to the Federal
Bureau of Investigation (FBI) for the purpose of obtaining national criminal
history record information regarding the applicant. Except as otherwise
provided in The Central Criminal Records Exchange, upon receipt of an individual's record or notification that no record exists, shall submit a report to the requesting authorized officer or director of a provider licensed pursuant to this article. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the authorized officer or director of a provider licensed pursuant to this article shall not be disseminated except as provided in this section. C. Notwithstanding the provisions of subsection B, a provider
may hire for compensated employment at adult substance abuse or adult mental
health treatment facilities a person who was convicted of a misdemeanor
violation relating to (i) unlawful hazing, as set out in § 18.2-56; (ii)
reckless handling of a firearm, as set out in § 18.2-56.1; or (iii) assault and
battery, as set out in subsection A of § 18.2-57; or any misdemeanor or felony
violation related to (a) reckless endangerment of others by throwing objects,
as set out in § 18.2-51.3; (b) threat, as set out in § 18.2-60; (c) breaking
and entering a dwelling house with intent to commit other misdemeanor, as set
out in § 18.2-92; or (d) possession of burglarious tools, as set out in §
18.2-94; or any felony violation relating to the distribution of drugs, as set
out in Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2, except an
offense pursuant to subsections D. Notwithstanding the provisions of subsection B, a provider may hire for compensated employment at adult substance abuse treatment facilities a person who has been convicted of not more than one offense of assault and battery of a law-enforcement officer under § 18.2-57, or an equivalent offense in another state, if (i) the person has been granted a simple pardon if the offense was a felony committed in Virginia, or the equivalent if the offense was committed in another state; (ii) more than 10 years have elapsed since the conviction; and (iii) the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant's substance abuse and that the person has been successfully rehabilitated and is not a risk to consumers based on his criminal history background and his substance abuse history.
§ 37.2-506. Background checks required. A. As used in this section, the term "direct consumer care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of a consumer or (ii) immediately supervising a person in a position with this responsibility. As used in this section, "hire for compensated employment" does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same community services board or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program of the same community services board if the person employed prior to July 1, 1999, had no convictions in the five years prior to the application date for employment. As used in this section, "hire for compensated employment" includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or mental retardation direct consumer care position within the same community services board or (b) new employment in any mental health or mental retardation direct consumer care position in another office or program of the same community services board for which the person has previously worked in an adult substance abuse treatment position. B. Every community services board shall require any applicant
who accepts employment in any direct consumer care position with the community
services board to submit to fingerprinting and provide personal descriptive
information to be forwarded through the Central Criminal Records Exchange to
the Federal Bureau of Investigation (FBI) for the purpose of obtaining national
criminal history record information regarding the applicant. Except as
otherwise provided in The Central Criminal Records Exchange, upon receipt of an individual's record or notification that no record exists, shall submit a report to the requesting executive director or personnel director of the community services board. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the executive director or personnel director of any community services board shall not be disseminated except as provided in this section. C. Notwithstanding the provisions of subsection B, the
community services board may hire for compensated employment at adult substance
abuse or adult mental health treatment programs a person who was convicted of a
misdemeanor violation relating to (i) unlawful hazing, as set out in § 18.2-56;
(ii) reckless handling of a firearm, as set out in § 18.2-56.1; (iii) assault
and battery, as set out in subsection A of § 18.2-57; or (iv) assault and
battery against a family or household member, as set out in subsection A of §
18.2-57.2; or any misdemeanor or felony violation related to (a) reckless
endangerment of others by throwing objects, as set out in § 18.2-51.3; (b)
threat, as set out in § 18.2-60; (c) breaking and entering a dwelling house
with intent to commit other misdemeanor, as set out in § 18.2-92; or (d)
possession of burglarious tools, as set out in § 18.2-94; or any felony
violation relating to the distribution of drugs, as set out in Article 1 (§
18.2-247 et seq.) of Chapter 7 of Title 18.2, except an offense pursuant to D. Notwithstanding the provisions of subsection B, the community services board may hire for compensated employment at adult substance abuse treatment programs a person who has been convicted of not more than one offense of assault and battery of a law-enforcement officer under § 18.2-57, or an equivalent offense in another state, if (i) the person has been granted a simple pardon if the offense was a felony committed in Virginia, or the equivalent if the offense was committed in another state; (ii) more than 10 years have elapsed since the conviction; and (iii) the hiring community services board determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant's substance abuse and that the person has been successfully rehabilitated and is not a risk to consumers based on his criminal history background and his substance abuse history. E. The community services board and a screening
contractor designated by the Department shall screen applicants who meet the
criteria set forth in
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