§ 8 — Testing of certain applicants for employment

* § 8. Testing of certain applicants for employment. 1. Any applicant\nfor employment with the department as a correction officer at a facility\nof the department, shall be tested in accordance with the requirements\nof this section.\n 2. The department is hereby authorized to conduct, or to enter into\nagreements necessary for conducting tests for psychological screening of\napplicants covered by this section. Any such tests shall consist of at\nleast three independent psychological instruments and shall meet the\nlevel of the art for psychological instruments to be used in a\nvalidation study developed for selection of such applicants. Such\npsychological instruments shall be used in testing and selection of\napplicants for positions referred to in subdivision one of this section.\nPersons who have been determined by a psychologist licensed under the\nlaws of this state as suffering from psychotic disorders, serious\ncharacter disorders, or other disorders which could hinder performance\non the job may be deemed ineligible for appointment; provided, however,\nthat other components of the employee selection process may be taken\ninto consideration in reaching the determination as to whether a\ncandidate is deemed eligible or ineligible for certification to a list\nof eligible candidates. The department's testing program shall include a\ncomponent consisting of criteria related validity studies or other\nvalidity studies acceptable under relevant federal law governing equal\nemployment.\n 3. The commissioner or his or her designee shall advise those\ncandidates who have been deemed ineligible for appointment through\npsychological screening and shall notify such persons of their right to\nappeal their disqualification. A person so deemed may apply to the\ncommissioner for a review of the findings within thirty days of the date\nof notification. The commissioner shall refer the matter to an\nindependent advisory board to review any recommendation. A copy of the\nadvisory board's recommendations shall be promptly forwarded to the\nparties and to the commissioner. If the advisory board's recommendation\nis rejected by the commissioner, wholly or in part, the commissioner\nshall state his or her reasons for such rejection in writing.\n 4. The advisory board shall consist of three members who shall be\nselected by the president of the civil service commission. The\nmembership of the board shall consist of: A psychologist and a\npsychiatrist, both of whom shall be licensed under the laws of this\nstate, and a third member who shall be a representative of the\ndepartment of civil service. The department of civil service shall\nmaintain a list of alternate board members comprised of psychologists\nand psychiatrists, licensed under the laws of this state, and\nrepresentatives nominated by the president of the civil service\ncommission, who shall sit on the advisory board in the event a\ndesignated member is unable to serve, provided, however, that at all\ntimes the advisory board must be comprised of a psychiatrist, a\npsychologist and a representative of the department of civil service.\nEach of the members of the advisory board and their alternates so\nselected shall serve at the pleasure of the president of the civil\nservice commission. Each of the members and alternates so selected shall\nbe reimbursed for services and actual costs at a per diem rate not to\nexceed nine hundred dollars for the psychiatrist, seven hundred dollars\nfor the psychologist and six hundred dollars for the representative of\nthe civil service department; provided, however, that if any member of\nor alternate to the advisory board is an employee of the state of New\nYork, then such representative shall only receive reimbursement for\nactual costs incurred.\n 5. The commissioner or his or her designee shall advise the department\nof civil service of those persons who have been determined under this\nsection as being eligible for appointment from any list of eligible\ncandidates.\n 6. Notwithstanding any other provision of law, the results of the\ntests administered pursuant to this section shall be used solely for the\nqualification of a candidate for correction officer and the validation\nof the psychological instruments utilized. For all other purposes, the\nresults of the examination shall be confidential and the records sealed\nby the department of corrections and community supervision, and not be\navailable to any other agency or person except by authorization of the\napplicant or, upon written notice by order of a court of this state or\nthe United States.\n 7. Prior to March first of each year, the commissioner of the\ndepartment of corrections and community supervision will report to the\ngovernor, president of the senate and speaker of the assembly on the\nconduct of the psychological testing program and the results of such\nprogram in improving the quality of correction officer candidates.\n * NB Expires September 1, 2027\n