§ 12-1-17. Background checks for employees of religious organizations.
(a) In order to assist Rhode Island's religious organizations and houses of worship (hereinafter
religious organization) with the ability to ensure that their staff, teachers, and
employees are of good moral character, all persons eighteen (18) years of age or older
seeking to work or volunteer for any religious organization shall, at the specific
request of the religious organization, be required to undergo a national criminal
background check for the purpose of determining whether the prospective employee or
volunteer has been convicted of any crime.
(1) Participation of any religious organization with the system of background checks created
by this section is voluntary and any decision to request a national background check
for any person may be made at the sole discretion of the religious organization.
(2) "Disqualifying information� for purposes of this section shall mean those offenses
included in §§ 23-17-37, 11-37-1 — 11-37-8.4, and §§ 11-9-1 — 11-9-5.3.
(b) Any religious organization may require any applicant for employment or volunteer activity,
if that employment or activity involves routine contact with minors, to apply to the
bureau of criminal identification (BCI), the department of the attorney general, the
state police, or the local police department for a nationwide criminal records check.
The check shall conform to the applicable federal standards, including the requirement
that the applicant provide a set of fingerprints to facilitate the background check.
(1) It shall be the responsibility of the BCI to conduct the national criminal identification
check within fourteen (14) days of the applicant's request.
(c) If any disqualifying information is discovered with respect to the applicant, the
BCI shall inform the religious organization in writing, without disclosing the nature
of the disqualifying information, that an item of disqualifying nature has been discovered.
In addition, the BCI shall inform the applicant, in writing, of the nature of the
disqualifying information.
(1) Upon receipt of the disqualifying information from the BCI, the applicant may, within
twenty (20) days of receipt thereof, request that the BCI provide a copy of the information
to the religious organization which will have the discretion to determine whether
the applicant is eligible for employment or volunteer status.
(d) If no disqualifying information is found upon completion of the background check,
the BCI shall notify both the applicant and the religious organization, in writing,
of this fact.
(e) Upon completion of the background check, and after the twenty-day (20) period referenced
in subsection (c)(1) of this section, the BCI shall promptly destroy the fingerprints
provided by the applicant.
(f) No religious organization that disqualifies an individual from employment or volunteer
activity as a result of its receipt of disqualifying information, shall be liable
for civil damages or subject to any claim, cause of action, or proceeding of any nature,
as a result of such disqualification.
(g) The applicant shall be responsible for the costs of conducting the nationwide criminal
records check.