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S7410Senate2015-2016 SessionSame asA10556

Authorizes the commissioner of the office for people with developmental disabilities to have access to certain criminal history

Sponsor David CarlucciSD-38Affects Legal
Status
Signed by Governor
Impact
Pending
Outcome
Signed into law

Bill progress

Signed into law

What's happening

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Who cares

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Sponsors

Primary sponsor
David Carlucci

Senator · Senate District 38

Chair, Social Services

No co-sponsors yet.

History

  1. Signed chap.209
  2. Delivered to governor
  3. Returned to senate
  4. Passed assembly
  5. Ordered to third reading rules cal.424
  6. Substituted for A10556
  7. Referred to codes
  8. Delivered to assembly
  9. Passed senateVote 59–2
  10. Advanced to third reading
  11. 2nd report cal.
  12. Amended 7410a
Show 2 earlier actions
  1. 1st report cal.1367
  2. Referred to mental health and developmental disabilities

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A10556Assembly

Authorizes the commissioner of the office for people with developmental disabilities to have access to certain criminal history information

Assembly Floor Calendar · Sponsor Matthew Titone

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

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

Purpose of the bill

This bill would amend the Mental Hygiene Law to allow OPWDD developmental centers to access criminal history information, as defined in the executive law, contained in the Central Data Facility established by Division of Criminal Justice Services (DCJS) in the same manner as Office of Mental Health (OMH).

Summary of provisions

Section 1 of this bill would amend section 13.09 of the Mental Hygiene Law (MHL) to authorize OPWDD developmental centers to have access to criminal history information, as defined in section 845-b(1)(c) of the Executive Law, contained in the Central Data Facility established by DCJS. The Commissioners of OPWDD and DCJS would have to agree to the terms and conditions of this access.

Section 2 of the bill would provide for an effective date 90 days after enactment.

Justification

Currently, the Office of Mental Hygiene has statutory authority to access criminal history information contained in the Central Data Facility established by DCJS while OPWDD developmental centers lack similar authorization. This bill would allow OPWDD to access criminal history records from DCJS in the same manner as the access afforded to the Office of Mental Health (pursuant to Mental Hygiene Law § 7.09(i)). Individuals will receive written notice that their information will be accessed, and that they have the opportunity to request the information and seek correction of any inaccurate information. This information is necessary for OPWDD to provide important background data to OPWDD clinicians and staff. It will help to ensure that staff has complete and accurate information upon which to make care and treatment decisions, as well as helping to ensure the health and safety of individuals receiving services, staff and the public.

Prior legislative history

None.

Fiscal implications

This bill is not expected to have a material impact on State finances.

Effective date

This bill would take effect 90 days after enactment.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.