Permits access to certain conviction records by chapters of Big Brothers/Big Sisters of America, Inc.

9 Co-sponsors

• Eric Adams
• Darrel J. Aubertine
• Ruben Diaz
• Martin Malavé Dilan
• George Onorato
• Kevin S. Parker
• John L. Sampson
• Antoine M. Thompson
• David J. Valesky

Title of bill

An act to amend the executive law and the social services law, in relation to permitting access to certain conviction records by chapters of Big Brothers/Big Sisters of America, Inc.

Purpose

To permit conditional and limited access to certain conviction records of volunteer applicants to chapters of the Big Brothers/Big Sisters of America, Inc.

Summary of provisions

Section 1 Legislative Findings

Section 2 amends subdivision 8-a of Section 837 of the Executive Law, to allow the Division of Criminal Justice Services to charge a fee of up to fourteen dollars for conviction report services provided to a Big Brothers/Big Sisters Chapter.

Section 3 adds a new section 378-b of the Social Services law to allow New York State Chapters of Big Brothers/Big sisters access to conviction records for prospective volunteers as long as:

* Chapters only obtain this information for prospective volunteers who have direct contact with children;

* Only one person in the chapter is designated to review the conviction information;

* The conviction record is kept confidential;

* Inform the prospective volunteer that he or she will be subject to a background check and they may withdraw from the process at any time without prejudice;

* Destroy the records after they are used;

* Require that a signed informed consent must be submitted when requesting a conviction record along with a copy of the volunteers fingerprints.

Section 4 establishes the effective date.

Justification

This bill represents an attempt to balance the rights of individuals against unwarranted invasion of privacy and the need for proper screening of persons who would work closely with children in the Big Brothers/Big Sisters program. since the purpose of Big Brothers/Big Sisters is to encourage and develop close one-to-one relationships between children and volunteer adults, precautions must be taken in order to ensure, protect and maintain the integrity of the program. The Big Brothers/Big Sisters organization has legitimate concerns about the safety of its young participants, and the legislation would enhance the group's present screening process and preventative training programs.

Legislative history

Senate: 2007-08 - S.3862 Referred to Finance 2005-06 - S.2716 Referred to Finance 2004 - S.856-A Referred to Finance 2003 - S.856 Referred to Finance 2002 - S.4020 Referred to Finance 2001 - S.4020 Referred to Finance 2000 - S.7162 Referred to Finance Assembly: 2004 - A.11248 Referred to Governmental Operations

Fiscal implications

None to the state.

Effective date

This act shall take effect in 120 days.