S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5246
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. BARCLAY, J. M. GIGLIO, HAWLEY, PALMESANO, NORRIS,
   MANKTELOW,  MORINELLO,  BYRNES,  MILLER,  GALLAHAN, SIMPSON, LEMONDES,
   BLANKENBUSH, TAGUE,  BRABENEC  --  Multi-Sponsored  by  --  M.  of  A.
   K. BROWN,  DeSTEFANO,  FRIEND,  McDONOUGH -- read once and referred to
   the Committee on Governmental Operations

 AN ACT to amend the executive  law  and  the  social  services  law,  in
   relation  to  requiring  the  division of criminal justice services to
   check the wanted felon status and other information of people applying
   for public assistance
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 845-e
 to read as follows:
   § 845-E. REQUESTS FOR WANTED FELON INFORMATION. 1.  DEFINITIONS.    AS
 USED IN THIS SECTION:
   (A)  "AUTHORIZED  PERSON"  MEANS A COMMISSIONER OF SOCIAL SERVICES, AS
 DEFINED IN SUBDIVISION TEN OF SECTION TWO OF THE SOCIAL SERVICES LAW, OR
 ANY ONE OR MORE INDIVIDUALS DESIGNATED BY SUCH COMMISSIONER  AS  AUTHOR-
 IZED  TO  REQUEST,  RECEIVE  AND REVIEW INFORMATION REGARDING THE WANTED
 FELON PORTION OF THE NATIONAL CRIME INFORMATION CENTER AND/OR, IF APPLI-
 CABLE, INFORMATION REGARDING AN INDIVIDUAL'S VIOLATION  OF  HIS  OR  HER
 PROBATION OR PAROLE CONDITIONS PURSUANT TO THIS SECTION.  A COMMISSIONER
 OF  SOCIAL  SERVICES  MAY  DESIGNATE  ONE  OR MORE ADDITIONAL PERSONS AS
 NECESSARY TO SERVE AS AUTHORIZED PERSONS PURSUANT TO THIS SECTION.
   (B) "SUBJECT INDIVIDUAL" MEANS A PERSON WHO  IS  APPLYING  FOR  PUBLIC
 ASSISTANCE  WHOSE  WANTED  FELON  STATUS OR PROBATION OR PAROLE VIOLATOR
 STATUS HAS BEEN REQUESTED PURSUANT TO SECTION ONE HUNDRED THIRTY-TWO  OF
 THE SOCIAL SERVICES LAW.
   (C)  "WANTED FELON" MEANS A PERSON WHO IS FLEEING OR HAS FLED TO AVOID
 PROSECUTION, OR CUSTODY OR CONFINEMENT AFTER CONVICTION, UNDER THE  LAWS
 OF  THE PLACE FROM WHICH THE PERSON FLEES, FOR A CRIME, OR AN ATTEMPT TO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03846-01-3
              

 A. 5246                             2
 
 COMMIT A CRIME, WHICH IS A FELONY UNDER THE LAWS OF THE PLACE FROM WHICH
 THE PERSON FLEES.
   (D)  "PROBATION  OR PAROLE VIOLATOR" MEANS A PERSON WHO IS VIOLATING A
 CONDITION OF PROBATION OR PAROLE AND THAT PERSON IS CURRENTLY AN ABSCON-
 DER FROM PROBATION OR PAROLE SUPERVISION AND A WARRANT ALLEGING  SUCH  A
 VIOLATION  IS  OUTSTANDING,  OR  THE  PERSON  HAS BEEN FOUND BY JUDICIAL
 DETERMINATION TO HAVE VIOLATED PROBATION OR  BY  ADMINISTRATIVE  ADJUDI-
 CATION  BY THE DIVISION OF PAROLE TO HAVE VIOLATED PAROLE, OR THE PERSON
 IS VIOLATING A CONDITION OF PROBATION OR PAROLE  IMPOSED  UNDER  FEDERAL
 LAW.
   2. WHERE AN AUTHORIZED PERSON REQUESTS INFORMATION REGARDING THE WANT-
 ED FELON STATUS OR THE PROBATION OR PAROLE VIOLATOR STATUS, OF A SUBJECT
 INDIVIDUAL  APPLYING  FOR PUBLIC ASSISTANCE REQUIRED PURSUANT TO SECTION
 ONE HUNDRED THIRTY-TWO OF THE SOCIAL SERVICES  LAW,  SUCH  PERSON  SHALL
 PROCEED PURSUANT TO THE PROVISIONS OF THIS SECTION.
   3.  AN  AUTHORIZED  PERSON  REQUESTING  THE  WANTED  FELON  STATUS  OR
 PROBATION OR PAROLE VIOLATOR STATUS, PURSUANT TO THIS SECTION  SHALL  DO
 SO  BY  COMPLETING  A FORM ESTABLISHED FOR SUCH PURPOSE BY THE DIVISION.
 SUCH FORM SHALL INCLUDE A  SWORN  STATEMENT  OF  THE  AUTHORIZED  PERSON
 CERTIFYING THAT:
   (A)  THE  PERSON FOR WHOSE INFORMATION IS REQUESTED IS A SUBJECT INDI-
 VIDUAL FOR WHOM INFORMATION IS AVAILABLE BY LAW;
   (B) THE RESULTS OF REQUEST WILL BE USED BY THE AUTHORIZED PERSON SOLE-
 LY FOR PURPOSES AUTHORIZED BY LAW; AND
   (C) THE AUTHORIZED PERSON AND HIS OR  HER  AGENTS  AND  EMPLOYEES  ARE
 AWARE  OF  AND  WILL  ABIDE  BY THE CONFIDENTIALITY REQUIREMENTS AND ALL
 OTHER PROVISIONS OF THIS ARTICLE.
   § 2. Subdivision 1 of section 132  of  the  social  services  law,  as
 amended  by  section 22 of part B of chapter 436 of the laws of 1997, is
 amended to read as follows:
   1. (A) When an application for assistance or care is  received,  or  a
 social  services official is informed that a person is in need of public
 assistance and care, an investigation and record shall be  made  of  the
 circumstances of such person. The object of such investigations shall be
 to  secure  the  facts  necessary to determine whether such person is in
 need of public assistance or care and what form thereof and  service  he
 or  she  should receive AND TO DETERMINE WHETHER SUCH PERSON IS A WANTED
 FELON  AS  DEFINED  IN  SUBDIVISION  ONE  OF   SECTION   EIGHT   HUNDRED
 FORTY-FIVE-E  OF  THE EXECUTIVE LAW OR A PROBATION OR PAROLE VIOLATOR AS
 DEFINED IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-E OF  THE
 EXECUTIVE  LAW  AND  IF  SUCH  WARRANT OR VIOLATION EXISTS, WHETHER SUCH
 PERSON WAS AWARE OR SHOULD HAVE BEEN AWARE OF SUCH WARRANT OR VIOLATION.
 Information shall be sought as to the  residence  of  such  person,  the
 name,  age,  religious  faith,  physical  condition,  earnings  or other
 income, and ability to work of all members of the family, the  cause  of
 the person's condition, the ability and willingness of the family, rela-
 tives,  friends  and  church  to  assist, and such other facts as may be
 useful in determining the  treatment  which  will  be  helpful  to  such
 person.  However, nothing in this subdivision or elsewhere in this chap-
 ter contained shall be construed to require a social  services  official
 to  communicate  with  or  require assistance from any person or persons
 liable by law to contribute to the support of a woman pregnant with,  or
 the  mother  of, an out of wedlock child, in need of care away from home
 during pregnancy and during and after delivery, in the  case  where  the
 surrender  of the child to the social services official is under consid-
 eration, for such period as may be necessary for such mother  and  offi-
 A. 5246                             3
 
 cial  to  decide  whether  the child will be surrendered for adoption to
 such official, which period shall not extend beyond  ninety  days  after
 birth  of  the child. Except where the welfare official is in possession
 of  positive  proof  that  the  applicant is receiving or is eligible to
 receive unemployment insurance benefits  and  the  amount  thereof  such
 investigations  shall  include  written  request  to the commissioner of
 labor or his or her duly authorized officer charged with  administration
 of  the  unemployment  insurance law for information as to the status of
 such person in respect to unemployment insurance benefits.
   (B) THE COMMISSIONER OF A SOCIAL SERVICES DISTRICT OR  ANY  AUTHORIZED
 PERSON,  AS  DEFINED IN SECTION EIGHT HUNDRED FORTY-FIVE-E OF THE EXECU-
 TIVE LAW, SHALL REQUEST INFORMATION FOR EACH APPLICANT FROM THE DIVISION
 OF CRIMINAL JUSTICE SERVICES, TO DETERMINE WHETHER SUCH APPLICANT  IS  A
 WANTED  FELON  AS  DEFINED  IN  SUBDIVISION ONE OF SECTION EIGHT HUNDRED
 FORTY-FIVE-E OF THE EXECUTIVE LAW OR PROBATION  OR  PAROLE  VIOLATOR  AS
 DEFINED  IN SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-E OF THE
 EXECUTIVE LAW.
   (C) UPON BEING INFORMED BY THE DIVISION OF CRIMINAL  JUSTICE  SERVICES
 THAT  AN  APPLICANT IS A WANTED FELON OR A PROBATION OR PAROLE VIOLATOR,
 PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-E OF THE
 EXECUTIVE LAW, THE COMMISSIONER SHALL INVESTIGATE TO  DETERMINE  WHETHER
 THE  APPLICANT  IS  AWARE OF HIS OR HER STATUS AND TO DETERMINE WHEN THE
 APPLICANT BECAME, OR SHOULD HAVE BECOME AWARE OF HIS OR HER STATUS.
   (D) WHERE AN APPLICANT HAS NOT INITIALLY BEEN DETERMINED TO BE  INELI-
 GIBLE  FOR  PUBLIC  ASSISTANCE BENEFITS BECAUSE OF A RELIANCE ON A FALSE
 STATEMENT PROVIDED IN THE APPLICATION, HOWEVER  IS  SUBSEQUENTLY  DETER-
 MINED  TO BE INELIGIBLE FOR SUCH ASSISTANCE, THE COMMISSIONER, ON BEHALF
 OF THE STATE AND THE LOCAL  SOCIAL  SERVICES  DISTRICT  SHALL  HAVE  THE
 AUTHORITY  TO  RECOUP  FROM  THE  INDIVIDUAL  THE SUMS EXPENDED FOR SUCH
 ASSISTANCE DURING THE PERIOD OF TIME THAT SUCH PERSON RECEIVED  BENEFITS
 AND  KNEW  OR  SHOULD HAVE KNOWN THAT THEIR STATEMENT CLAIMING THAT THEY
 ARE NEITHER A WANTED FELON OR PROBATION OR PAROLE  VIOLATOR  STATUS  WAS
 FALSE.
   (E) AN INDIVIDUAL WHO IS IDENTIFIED, AND KNOWS SO OR IS NOTIFIED THER-
 EOF,  AS BEING A PROBATION OR PAROLE VIOLATOR, AS DEFINED IN SUBDIVISION
 ONE OF SECTION EIGHT HUNDRED FORTY-FIVE-E OF THE EXECUTIVE LAW,  IS  NOT
 ELIGIBLE  FOR  PUBLIC ASSISTANCE UNTIL HE OR SHE VERIFIES THAT HE OR SHE
 HAS BEEN RESTORED TO PROBATION  OR  PAROLE  SUPERVISION,  RELEASED  FROM
 CUSTODY,  OR UNTIL THE PERSON'S MAXIMUM PERIOD OF IMPRISONMENT OR SUPER-
 VISION HAS EXPIRED.
   § 3. Paragraph (b) of subdivision 1 of section  145-b  of  the  social
 services  law,  as added by chapter 2 of the laws of 1998, is amended to
 read as follows:
   (b) For  purposes  of  this  section,  "statement  or  representation"
 includes, but is not limited to:
   (I)  a claim for payment made to the state, a political subdivision of
 the state, or an entity performing services under contract to the  state
 or a political subdivision of the state;
   (II)  an  acknowledgment, certification, claim, ratification or report
 of data which serves as the basis for a claim  or  a  rate  of  payment,
 financial information whether in a cost report or otherwise, health care
 services  available or rendered, and the qualifications of a person that
 is or has rendered health care services;
   (III) AN INTENTIONAL INCORRECT ANSWER, MADE BY  THE  APPLICANT,  TO  A
 QUESTION  ON  AN  APPLICATION FOR PUBLIC ASSISTANCE REGARDING THE WANTED
 FELON AS DEFINED IN SECTION EIGHT HUNDRED FORTY-FIVE-E OF THE  EXECUTIVE
 A. 5246                             4
 
 LAW  STATUS  OR PROBATION OR PAROLE VIOLATOR AS DEFINED IN SECTION EIGHT
 HUNDRED FORTY-FIVE-E OF THE EXECUTIVE LAW STATUS OF AN  APPLICANT  OR  A
 MEMBER OF HIS OR HER FAMILY.
   §  4.  The state commissioner of social services, in consultation with
 the commissioner of the division of criminal justice services, is hereby
 authorized to promulgate rules and regulations necessary for the  imple-
 mentation of this act.
   § 5. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be made on or
 before such effective date.