What's happening
This bill requires criminal history checks for those seeking jobs or volunteer positions with direct patient contact in the Office for People With Developmental Disabilities, and allows denial based on certain convictions.
Why it matters
Enhanced safety for vulnerable populations. By requiring criminal history checks for those in direct patient contact roles within the Office for People With Developmental Disabilities, the bill aims to better protect individuals who may be especially vulnerable to abuse or exploitation.
Clearer hiring and volunteer standards. The legislation empowers the commissioner to define which criminal convictions would disqualify someone from working or volunteering, helping ensure consistent and transparent decision-making across the agency.
Reduced financial barriers for applicants. The bill waives state fees for the required criminal background checks, making it less costly for individuals seeking these positions and helping non-profit and public agencies recruit volunteers and staff more easily.
Potential impact on workforce availability. While increasing safety, the expanded background check authority could also limit the pool of eligible applicants, particularly affecting individuals with certain criminal records who are otherwise rehabilitated and seeking employment or volunteer opportunities.
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Who cares
Headline styles
Background Checks for Disability Jobs
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2632
2019-2020 Regular Sessions
IN SENATE
January 28, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the mental hygiene law and the executive law, in relation to directing the commissioner of developmental disabilities to promulgate regulations authorizing the denial or disapproval of certain employment or volunteer applications following a criminal history report for such applicant
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 13.19 of the mental hygiene law is amended by adding a new subdivision (e) to read as follows:
(e) The commissioner shall promulgate regulations (i) requiring a criminal history report for any prospective employee or volunteer in the office who will have regular direct patient contact; and (ii) authorizing the denial or disapproval of any application for employment or volunteer service in the office for a position that will have regular direct patient contact where a criminal history report concerning such prospective employee or volunteer reveals a conviction for any offense the commissioner determines would make such prospective employee or volunteer unfit for employment by the office.
§ 2. Subdivision 8-a of section 837 of the executive law, as amended by chapter 561 of the laws of 2006, is amended to read as follows:
8-a. Charge a fee when, pursuant to statute or the regulations of the division, it conducts a search of its criminal history records and returns a report thereon in connection with an application for employment or for a license or permit. The division shall adopt and may, from time to time, amend a schedule of such fees which shall be in amounts determined by the division to be reasonably related to the cost of conducting such searches and returning reports thereon but, in no event, shall any such fee exceed twenty-five dollars and an additional
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07424-01-9
S. 2632 2
surcharge of fifty dollars. The comptroller is hereby authorized to deposit such fees into the general fund, provided, however, that the monies received by the division of criminal justice services for payment of the additional surcharge shall be deposited in equal amounts to the general fund and to the fingerprint identification and technology account. Notwithstanding the foregoing, the division shall not request or accept any fee for searching its records and supplying a criminal history report pursuant to section two hundred fifty-one-b of the general business law relating to participating in flight instruction at any aeronautical facility, flight school or institution of higher learning, nor for searching its records and supplying a criminal history report pursuant to regulations adopted under section 13.19 of the mental hygiene law.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the mental hygiene law and the executive law, in relation to directing the commissioner of developmental disabilities to promulgate regulations authorizing the denial or disapproval of certain employment or volunteer applications following a criminal history report for such applicant
Purpose
The purpose of this bill is to keep individuals with a history of violence or criminal records from working with patients at OPWDD facili- ties.
Summary of specific provisions
Section one amends section 13.19 of the mental hygiene law by adding a new subdivision (e) requiring a criminal history report for any prospec- tive employee to have direct patient contact.
Section two amends subdivision 8-a of section 837 of the executive law which addresses supply of criminal history reports at no cost to include those requested under mental hygiene law.
Justification
Those working at the homes which care for the disabled in the state have a very difficult job. Unfortunately, there have been recent cases, including the 2007 death of Jonathan Carey at the O.D. Heck facility, near Albany, where the 13 year old autistic boy was suffocated to death by an employee there who had a criminal record.
According to a NY Times article entitled. "A Disabled Boy's Death, and a System in Disarray," the standards for hiring at these facilities is very low. This puts our most vulnerable population at risk, and we must do our part to ensure they are not harmed by the very people we hire to take care of them.
Legislative history
2018: S.6289- Referred to Finance 2017: S.6289- Referred to Rules 2016: S.3847- Passed Senate/A.3367 - Referred to Mental Health 2015: S.3847- Passed Senate/A.3367 - Referred to Mental Health 2014: S.2301- Referred to Mental Health & Developmental Disabilities/A.865 Referred to Mental Health 2012: S.6326 - Reported to Finance/A.8667 - Referred to Mental Health
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.