N.Y. Correction Law § 8: Testing of certain applicants for employment

* § 8. Testing of certain applicants for employment. 1. Any applicant

for employment with the department as a correction officer at a facility

of the department, shall be tested in accordance with the requirements

of this section.

2. The department is hereby authorized to conduct, or to enter into

agreements necessary for conducting tests for psychological screening of

applicants covered by this section. Any such tests shall consist of at

least three independent psychological instruments and shall meet the

level of the art for psychological instruments to be used in a

validation study developed for selection of such applicants. Such

psychological instruments shall be used in testing and selection of

applicants for positions referred to in subdivision one of this section.

Persons who have been determined by a psychologist licensed under the

laws of this state as suffering from psychotic disorders, serious

character disorders, or other disorders which could hinder performance

on the job may be deemed ineligible for appointment; provided, however,

that other components of the employee selection process may be taken

into consideration in reaching the determination as to whether a

candidate is deemed eligible or ineligible for certification to a list

of eligible candidates. The department's testing program shall include a

component consisting of criteria related validity studies or other

validity studies acceptable under relevant federal law governing equal

employment.

3. The commissioner or his or her designee shall advise those

candidates who have been deemed ineligible for appointment through

psychological screening and shall notify such persons of their right to

appeal their disqualification. A person so deemed may apply to the

commissioner for a review of the findings within thirty days of the date

of notification. The commissioner shall refer the matter to an

independent advisory board to review any recommendation. A copy of the

advisory board's recommendations shall be promptly forwarded to the

parties and to the commissioner. If the advisory board's recommendation

is rejected by the commissioner, wholly or in part, the commissioner

shall state his or her reasons for such rejection in writing.

4. The advisory board shall consist of three members who shall be

selected by the president of the civil service commission. The

membership of the board shall consist of: A psychologist and a

psychiatrist, both of whom shall be licensed under the laws of this

state, and a third member who shall be a representative of the

department of civil service. The department of civil service shall

maintain a list of alternate board members comprised of psychologists

and psychiatrists, licensed under the laws of this state, and

representatives nominated by the president of the civil service

commission, who shall sit on the advisory board in the event a

designated member is unable to serve, provided, however, that at all

times the advisory board must be comprised of a psychiatrist, a

psychologist and a representative of the department of civil service.

Each of the members of the advisory board and their alternates so

selected shall serve at the pleasure of the president of the civil

service commission. Each of the members and alternates so selected shall

be reimbursed for services and actual costs at a per diem rate not to

exceed nine hundred dollars for the psychiatrist, seven hundred dollars

for the psychologist and six hundred dollars for the representative of

the civil service department; provided, however, that if any member of

or alternate to the advisory board is an employee of the state of New

York, then such representative shall only receive reimbursement for

actual costs incurred.

5. The commissioner or his or her designee shall advise the department

of civil service of those persons who have been determined under this

section as being eligible for appointment from any list of eligible

candidates.

6. Notwithstanding any other provision of law, the results of the

tests administered pursuant to this section shall be used solely for the

qualification of a candidate for correction officer and the validation

of the psychological instruments utilized. For all other purposes, the

results of the examination shall be confidential and the records sealed

by the department of corrections and community supervision, and not be

available to any other agency or person except by authorization of the

applicant or, upon written notice by order of a court of this state or

the United States.

7. Prior to March first of each year, the commissioner of the

department of corrections and community supervision will report to the

governor, president of the senate and speaker of the assembly on the

conduct of the psychological testing program and the results of such

program in improving the quality of correction officer candidates.

* NB Expires September 1, 2027