Relates to criminal history background checks for custodians in programs licensed, operated, certified or funded by the office of alcoholism and substance abuse services; repealer

1 Co-sponsor

• William J. Larkin Jr.

Title of bill

An act to amend the mental hygiene law, in relation to criminal history background checks for custodians in programs licensed, operated, certified or funded by the office of alcoholism and substance abuse services; and repealing certain provisions of such law relating thereto

Purpose of the bill

This bill would amend the Mental Hygiene Law (MHL) to require the Office of Alcoholism and Substance Abuse Services (OASAS) to make an employment determination based upon criminal history information. It would also permit OASAS to receive information for any crime identified through criminal history information from any state or local criminal justice entity.

Summary of provisions

Section 1 would amend MHL § 19.20 as it relates to criminal history background checks for employees, contractors and volunteers in programs licensed, operated, certified or funded by the Office. It would permit the Office to request and receive information from state or local criminal justice entities, including courts, for any crime identified in criminal history information received by the Office, and to issue an employment determination based on both state and federal criminal history information.

Section 2 would repeal subdivision (e) of MHL § 19.20 and add a new subdivision (e) permitting the Office to request and receive information from any state or local criminal justice entity, including courts, for any crime identified in criminal history information received by the Office.

Section 3 would re-letter subdivisions (f) through (j) of MHL § 19.20-a to read subdivisions (g) through (k). It would also add a new subdivision (f) which permits the Office to request and receive information from state or local criminal justice entities, including courts for any crime identified in criminal history information received by the Office.

Section 4 would make it effective immediately.

Legislative history

This is a new bill.

Statement in support

Currently, sections 19.20 and 19.20-a of the MHL permit the Office to make a recommendation for employment, as opposed to a final determination, based solely upon information obtained from the individual's state criminal history background check. The Office is not specifically authorized to request and receive information of criminal charges identified in criminal history information from any other criminal justice entity, including courts. This information is necessary to ensure that OASAS has more authority to review and make final determinations regarding its workforce.

Budget implications

None.

Local impact

This bill would have no impact on local governments. EFFECTIVE DATE : This bill would take effect immediately.