§ 460-h. Review of criminal history information concerning prospective\nemployees, consultants, assistants and volunteers of publicly-funded\nemergency shelters for families with children.
1.Every provider of\nservices to publicly-funded emergency shelters for families with\nchildren, as such phrase is defined in subdivision nine of section four\nhundred twelve of this chapter, shall request from the division of\ncriminal justice services criminal history information, as such phrase\nis defined in paragraph (c) of subdivision one of section eight hundred\nforty-five-b of the executive law, concerning each prospective employee,\nconsultant, assistant or volunteer of such provider who will have the\npotential for regular and substantial contact with children who are\nserved by the publicl
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§ 460-h. Review of criminal history information concerning prospective\nemployees, consultants, assistants and volunteers of publicly-funded\nemergency shelters for families with children. 1. Every provider of\nservices to publicly-funded emergency shelters for families with\nchildren, as such phrase is defined in subdivision nine of section four\nhundred twelve of this chapter, shall request from the division of\ncriminal justice services criminal history information, as such phrase\nis defined in paragraph (c) of subdivision one of section eight hundred\nforty-five-b of the executive law, concerning each prospective employee,\nconsultant, assistant or volunteer of such provider who will have the\npotential for regular and substantial contact with children who are\nserved by the publicly-funded emergency shelter for families with\nchildren.\n (a) Prior to requesting criminal history information concerning any\nprospective employee, consultant, assistant or volunteer, a provider\nshall:\n (1) inform the prospective employee, consultant, assistant or\nvolunteer in writing that the provider is required to request his or her\ncriminal history information from the division of criminal justice\nservices and review such information pursuant to this section; and\n (2) obtain the signed informed consent of the prospective employee,\nconsultant, assistant or volunteer on a form supplied by the division of\ncriminal justice services which indicates that such person has:\n (i) been informed of the right and procedures necessary to obtain,\nreview and seek correction of his or her criminal history information;\n (ii) been informed of the reason for the request for his or her\ncriminal history information;\n (iii) consented to such request; and\n (iv) supplied on the form a current mailing or home address.\n (b) Upon receiving such written consent, the provider shall obtain a\nset of fingerprints of such prospective employee, consultant, assistant,\nor volunteer and provide such fingerprints to the division of criminal\njustice services pursuant to regulations established by the division of\ncriminal justice services.\n 2. A provider shall designate one or two persons in its employ who\nshall be authorized to request, receive and review the criminal history\ninformation, and only such persons and the prospective employee,\nconsultant, assistant or volunteer to which the criminal history\ninformation relates shall have access to such information; provided,\nhowever, the criminal history information may be disclosed to other\npersonnel authorized by the provider who are empowered to make decisions\nconcerning prospective employees, consultants, assistants or volunteers\nand provided further that such other personnel shall also be subject to\nthe confidentiality requirements and all other provisions of this\nsection. A provider shall notify each person authorized to have access\nto criminal history information pursuant to this section.\n 3. A provider requesting criminal history information pursuant to this\nsection shall also complete a form developed for such purpose by the\ndivision of criminal justice services. Such form shall include a sworn\nstatement of the person designated by such provider to request, receive\nand review criminal history information pursuant to subdivision two of\nthis section certifying that:\n (a) such criminal history information will be used by the provider\nsolely for purposes authorized by this section;\n (b) the provider and its staff are aware of and will abide by the\nconfidentiality requirements and all other provisions of this section;\nand\n (c) the persons designated by the provider to receive criminal history\ninformation pursuant to subdivision two of this section shall upon\nreceipt immediately mark such criminal history information\n"confidential," and shall at all times maintain such criminal history\ninformation in a secure place.\n 4. Upon receipt of the fingerprints and sworn statement required by\nthis section, the provider shall promptly submit the fingerprints to the\ndivision of criminal justice services.\n 5. The division of criminal justice services shall promptly provide\nthe requested criminal history information, if any, to the provider that\ntransmitted the fingerprints to it. Criminal history information\nprovided by the division of criminal justice services pursuant to this\nsection shall be furnished only by mail or other method of secure and\nconfidential delivery, addressed to the requesting provider. Such\ninformation and the envelope in which it is enclosed shall be\nprominently marked "confidential," and shall at all times be maintained\nby the provider in a secure place.\n 6. Upon receipt of criminal history information from the division of\ncriminal justice services, the provider may request, and is entitled to\nreceive, information pertaining to any crime identified on such criminal\nhistory information from any state or local law enforcement agency,\ndistrict attorney, parole officer, probation officer or court for the\npurposes of determining whether any grounds relating to such crime exist\nfor denying an application, renewal, or employment.\n 7. After receiving criminal history information pursuant to\nsubdivisions five and six of this section and before making a\ndetermination, the provider shall provide the prospective employee,\nconsultant, assistant or volunteer with a copy of such criminal history\ninformation and a copy of article twenty-three-A of the correction law\nand inform such prospective employee, consultant, assistant and\nvolunteer of his or her right to seek correction of any incorrect\ninformation contained in such criminal history information provided by\nthe division of criminal justice services pursuant to the regulations\nand procedures established by the division of criminal justice services\nand the right of the prospective employee, consultant, assistant or\nvolunteer to provide information relevant to such analysis.\n 8. Criminal history information obtained pursuant to subdivisions five\nand six of this section shall be considered by the provider in\naccordance with the provisions of article twenty-three-A of the\ncorrection law and subdivisions fifteen and sixteen of section two\nhundred ninety-six of the executive law.\n 9. A prospective employee, consultant, assistant or volunteer may\nwithdraw from the application process, without prejudice, at any time\nregardless of whether he or she, or the provider, has reviewed his or\nher criminal history information. Where a prospective employee,\nconsultant, assistant or volunteer withdraws from the application\nprocess, any fingerprints and criminal history information concerning\nsuch prospective employee, consultant, assistant or volunteer received\nby the provider shall, within ninety days, be returned to such\nprospective employee, consultant, assistant or volunteer by the person\ndesignated for receipt of criminal history information pursuant to\nsubdivision two of this section.\n 10. Any person who willfully permits the release of any confidential\ncriminal history information contained in the report to persons not\npermitted by this section to receive such information shall be guilty of\na misdemeanor.\n 11. The commissioner of the division of criminal justice services, in\nconsultation with the office of temporary and disability assistance,\nshall promulgate all rules and regulations necessary to implement the\nprovisions of this section, which shall include convenient procedures\nfor the provider to promptly verify the accuracy of the reviewed\ncriminal history information and, to the extent authorized by law, to\nhave access to relevant documents related thereto.\n