* § 8. Testing of certain applicants for employment. 1. Any applicant
for employment with the department as a correction officer at a facility
of the department, shall be tested in accordance with the requirements
of this section.

2. The department is hereby authorized to conduct, or to enter into
agreements necessary for conducting tests for psychological screening of
applicants covered by this section. Any such tests shall consist of at
least three independent psychological instruments and shall meet the
level of the art for psychological instruments to be used in a
validation study developed for selection of such applicants. Such
psychological instruments shall be used in testing and selection of
applicants for positions referred to in subdivision one of this section.
Persons who have been determined by a psychologist licensed under the
laws of this state as suffering from psychotic disorders, serious
character disorders, or other disorders which could hinder performance
on the job may be deemed ineligible for appointment; provided, however,
that other components of the employee selection process may be taken
into consideration in reaching the determination as to whether a
candidate is deemed eligible or ineligible for certification to a list
of eligible candidates. The department's testing program shall include a
component consisting of criteria related validity studies or other
validity studies acceptable under relevant federal law governing equal
employment.

3. The commissioner or his or her designee shall advise those
candidates who have been deemed ineligible for appointment through
psychological screening and shall notify such persons of their right to
appeal their disqualification. A person so deemed may apply to the
commissioner for a review of the findings within thirty days of the date
of notification. The commissioner shall refer the matter to an
independent advisory board to review any recommendation. A copy of the
advisory board's recommendations shall be promptly forwarded to the
parties and to the commissioner. If the advisory board's recommendation
is rejected by the commissioner, wholly or in part, the commissioner
shall state his or her reasons for such rejection in writing.

4. The advisory board shall consist of three members who shall be
selected by the president of the civil service commission. The
membership of the board shall consist of: A psychologist and a
psychiatrist, both of whom shall be licensed under the laws of this
state, and a third member who shall be a representative of the
department of civil service. The department of civil service shall
maintain a list of alternate board members comprised of psychologists
and psychiatrists, licensed under the laws of this state, and
representatives nominated by the president of the civil service
commission, who shall sit on the advisory board in the event a
designated member is unable to serve, provided, however, that at all
times the advisory board must be comprised of a psychiatrist, a
psychologist and a representative of the department of civil service.
Each of the members of the advisory board and their alternates so
selected shall serve at the pleasure of the president of the civil
service commission. Each of the members and alternates so selected shall
be reimbursed for services and actual costs at a per diem rate not to
exceed nine hundred dollars for the psychiatrist, seven hundred dollars
for the psychologist and six hundred dollars for the representative of
the civil service department; provided, however, that if any member of
or alternate to the advisory board is an employee of the state of New
York, then such representative shall only receive reimbursement for
actual costs incurred.

5. The commissioner or his or her designee shall advise the department
of civil service of those persons who have been determined under this
section as being eligible for appointment from any list of eligible
candidates.

6. Notwithstanding any other provision of law, the results of the
tests administered pursuant to this section shall be used solely for the
qualification of a candidate for correction officer and the validation
of the psychological instruments utilized. For all other purposes, the
results of the examination shall be confidential and the records sealed
by the department of corrections and community supervision, and not be
available to any other agency or person except by authorization of the
applicant or, upon written notice by order of a court of this state or
the United States.

7. Prior to March first of each year, the commissioner of the
department of corrections and community supervision will report to the
governor, president of the senate and speaker of the assembly on the
conduct of the psychological testing program and the results of such
program in improving the quality of correction officer candidates.

* NB Expires September 1, 2025