N.Y. Social Services Law § 460-h: Review of criminal history information concerning prospective employees, consultants, assistants and volunteers of publicly-funded emerge...

§ 460-h. Review of criminal history information concerning prospective

employees, consultants, assistants and volunteers of publicly-funded

emergency shelters for families with children. 1. Every provider of

services to publicly-funded emergency shelters for families with

children, as such phrase is defined in subdivision nine of section four

hundred twelve of this chapter, shall request from the division of

criminal justice services criminal history information, as such phrase

is defined in paragraph (c) of subdivision one of section eight hundred

forty-five-b of the executive law, concerning each prospective employee,

consultant, assistant or volunteer of such provider who will have the

potential for regular and substantial contact with children who are

served by the publicly-funded emergency shelter for families with

children.

(a) Prior to requesting criminal history information concerning any

prospective employee, consultant, assistant or volunteer, a provider

shall:

(1) inform the prospective employee, consultant, assistant or

volunteer in writing that the provider is required to request his or her

criminal history information from the division of criminal justice

services and review such information pursuant to this section; and

(2) obtain the signed informed consent of the prospective employee,

consultant, assistant or volunteer on a form supplied by the division of

criminal justice services which indicates that such person has:

(i) been informed of the right and procedures necessary to obtain,

review and seek correction of his or her criminal history information;

(ii) been informed of the reason for the request for his or her

criminal history information;

(iii) consented to such request; and

(iv) supplied on the form a current mailing or home address.

(b) Upon receiving such written consent, the provider shall obtain a

set of fingerprints of such prospective employee, consultant, assistant,

or volunteer and provide such fingerprints to the division of criminal

justice services pursuant to regulations established by the division of

criminal justice services.

2. A provider shall designate one or two persons in its employ who

shall be authorized to request, receive and review the criminal history

information, and only such persons and the prospective employee,

consultant, assistant or volunteer to which the criminal history

information relates shall have access to such information; provided,

however, the criminal history information may be disclosed to other

personnel authorized by the provider who are empowered to make decisions

concerning prospective employees, consultants, assistants or volunteers

and provided further that such other personnel shall also be subject to

the confidentiality requirements and all other provisions of this

section. A provider shall notify each person authorized to have access

to criminal history information pursuant to this section.

3. A provider requesting criminal history information pursuant to this

section shall also complete a form developed for such purpose by the

division of criminal justice services. Such form shall include a sworn

statement of the person designated by such provider to request, receive

and review criminal history information pursuant to subdivision two of

this section certifying that:

(a) such criminal history information will be used by the provider

solely for purposes authorized by this section;

(b) the provider and its staff are aware of and will abide by the

confidentiality requirements and all other provisions of this section;

and

(c) the persons designated by the provider to receive criminal history

information pursuant to subdivision two of this section shall upon

receipt immediately mark such criminal history information

"confidential," and shall at all times maintain such criminal history

information in a secure place.

4. Upon receipt of the fingerprints and sworn statement required by

this section, the provider shall promptly submit the fingerprints to the

division of criminal justice services.

5. The division of criminal justice services shall promptly provide

the requested criminal history information, if any, to the provider that

transmitted the fingerprints to it. Criminal history information

provided by the division of criminal justice services pursuant to this

section shall be furnished only by mail or other method of secure and

confidential delivery, addressed to the requesting provider. Such

information and the envelope in which it is enclosed shall be

prominently marked "confidential," and shall at all times be maintained

by the provider in a secure place.

6. Upon receipt of criminal history information from the division of

criminal justice services, the provider may request, and is entitled to

receive, information pertaining to any crime identified on such criminal

history information from any state or local law enforcement agency,

district attorney, parole officer, probation officer or court for the

purposes of determining whether any grounds relating to such crime exist

for denying an application, renewal, or employment.

7. After receiving criminal history information pursuant to

subdivisions five and six of this section and before making a

determination, the provider shall provide the prospective employee,

consultant, assistant or volunteer with a copy of such criminal history

information and a copy of article twenty-three-A of the correction law

and inform such prospective employee, consultant, assistant and

volunteer of his or her right to seek correction of any incorrect

information contained in such criminal history information provided by

the division of criminal justice services pursuant to the regulations

and procedures established by the division of criminal justice services

and the right of the prospective employee, consultant, assistant or

volunteer to provide information relevant to such analysis.

8. Criminal history information obtained pursuant to subdivisions five

and six of this section shall be considered by the provider in

accordance with the provisions of article twenty-three-A of the

correction law and subdivisions fifteen and sixteen of section two

hundred ninety-six of the executive law.

9. A prospective employee, consultant, assistant or volunteer may

withdraw from the application process, without prejudice, at any time

regardless of whether he or she, or the provider, has reviewed his or

her criminal history information. Where a prospective employee,

consultant, assistant or volunteer withdraws from the application

process, any fingerprints and criminal history information concerning

such prospective employee, consultant, assistant or volunteer received

by the provider shall, within ninety days, be returned to such

prospective employee, consultant, assistant or volunteer by the person

designated for receipt of criminal history information pursuant to

subdivision two of this section.

10. Any person who willfully permits the release of any confidential

criminal history information contained in the report to persons not

permitted by this section to receive such information shall be guilty of

a misdemeanor.

11. The commissioner of the division of criminal justice services, in

consultation with the office of temporary and disability assistance,

shall promulgate all rules and regulations necessary to implement the

provisions of this section, which shall include convenient procedures

for the provider to promptly verify the accuracy of the reviewed

criminal history information and, to the extent authorized by law, to

have access to relevant documents related thereto.