BILL NUMBER: S3120

SPONSOR: MANNION
 
TITLE OF BILL:

An act to amend the mental hygiene law, in relation to permitting
certain previous criminal history information provided to satisfy
certain criminal background checks for certain employees

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to expedite the onboarding of staff at
voluntary provider agencies and state operated facilities working with
individuals with disabilities when the individual has had a background
check within the last 12 months and currently employed by an approved
provider.

 
SUMMARY OF PROVISIONS:

Section 1 of this bill would amend section 16.33 of the Mental Hygiene
Law to allows the Division of Criminal Justice Services' (DCJS) criminal
background check requirement to be satisfied if an individual has had a
              

background check in the last twelve months, and the individual is
currently employed by a state certified agency, which previously
required a DCJS background check.

Section 2 of this bill provides that the effective date shall take
effect on the one hundred eightieth day after it shall have become a
law.

 
JUSTIFICATION:

Compared to other fields, the developmental disabilities field on aver-
age can take a month to onboard a new employee. One of the reasons for
this substantial delay is the necessary safety precautions, in the form
of background checks, for employees working with a vulnerable popu-
lation.

The State is facing a significant workforce shortage of staff to care
for individuals with developmental disabilities. By waiving the back-
ground check requirement for individuals who have recently received a
background check and are currently hired by an agency who receives
updates from the Justice Center, this legislation will ensure that indi-
viduals of the highest caliber serve these individuals with disabilities
but allow a quicker onboarding process to alleviate staffing shortages.
Agencies which serve multiple health needs - such as behavioral health
or foster care services, would be able to move staff between such
departments, as necessary, to fill vacancies in an emergency staffing
shortage.

During the first state of emergency declared for the COVID-19 pandemic,
the State enacted executive order 202.13 which authorized providers,
including the state, to waive background check requirements if the indi-
vidual is currently employed by a provider which background checks are
already required. This legislation mirrors the executive order by codi-
fying similar requirements.

 
LEGISLATIVE HISTORY:

2021-22: S.7907 (Mannion) - Advanced to Third Reading.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law.