S T A T E   O F   N E W   Y O R K
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                                  3373

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 25, 2013
                               ___________

Introduced  by  M. of A. CLARK, TITUS, WEISENBERG, MARKEY -- Multi-Spon-
  sored by -- M. of A.  BENEDETTO, BROOK-KRASNY, COLTON, CROUCH,  FINCH,
  GALEF, MAISEL, RAIA, THIELE -- read once and referred to the Committee
  on Children and Families

AN  ACT  to amend the social services law, in relation to safe mentoring
  practices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  2,  3  and 4 of section 390-e of the social
services law, as added by chapter 459 of the laws of 2006,  are  amended
to read as follows:
  2.  Mentoring  programs  [may] SHALL perform a criminal history record
check on all prospective employees and mentors.
  3. Notwithstanding any other provision of law to the contrary, subject
to the rules  and  regulations  of  the  division  of  criminal  justice
services,  mentoring  programs  [may] SHALL apply for a criminal history
record check with the division of criminal  justice  services  regarding
any  prospective  employee  or  any prospective mentor who may engage in
unsupervised activities with youth or in  activities  with  youth  in  a
setting  without  constant  agency or parental oversight. Each mentoring
program [that chooses to complete such  criminal  background  checks  on
prospective employees or on prospective mentors] shall establish a poli-
cy for completing criminal background checks on such prospective employ-
ees  or  mentors.  Such  policy shall apply one uniform standard for the
completion of criminal background checks for all  prospective  employees
and  one  uniform  standard  for  the  completion of criminal background
checks for all prospective mentors. Any mentoring program [that  chooses
to complete criminal background checks on both prospective employees and
prospective  mentors]  may  utilize  the  same  uniform  process for the
completion of the criminal background checks  on  prospective  employees
and  prospective  mentors  or  they  may  choose one uniform process for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06685-01-3
              

A. 3373                             2

prospective  employees  and  another  uniform  process  for  prospective
mentors.
  4.  Every mentoring program [that chooses to] SHALL apply for a crimi-
nal history background check  with  the  division  of  criminal  justice
services AND shall obtain a set of fingerprints from each individual for
whom  a  criminal  background  check  is  to be completed and such other
information as is required by the office and the  division  of  criminal
justice  services.  For each prospective employee or mentor for whom the
mentoring program [completes] MUST COMPLETE a criminal background check,
the mentoring program shall provide the applicant with blank fingerprint
cards and a description of how the completed fingerprint  card  will  be
used  upon  submission  to  the mentoring program. The mentoring program
shall promptly transmit such fingerprint card and the processing fee  to
the  office.  The  office shall promptly submit the fingerprint card and
the processing fee, imposed pursuant to subdivision eight-a  of  section
eight  hundred  thirty-seven  of  the  executive law, to the division of
criminal justice services for its full search and retain processing.
  S 2. This act shall take effect on the first of April next  succeeding
the  date  on  which it shall have become a law, provided that any rules
and regulations necessary to implement the provisions of this act on its
effective date are authorized and directed to be completed on or  before
such date.