§ 460-h. Review of criminal history information concerning prospective
employees, consultants, assistants and volunteers of publicly-funded
emergency shelters for families with children. 1. Every provider of
services to publicly-funded emergency shelters for families with
children, as such phrase is defined in subdivision nine of section four
hundred twelve of this chapter, shall request from the division of
criminal justice services criminal history information, as such phrase
is defined in paragraph (c) of subdivision one of section eight hundred
forty-five-b of the executive law, concerning each prospective employee,
consultant, assistant or volunteer of such provider who will have the
potential for regular and substantial contact with children who are
served by the publicly-funded emergency shelter for families with
children.

(a) Prior to requesting criminal history information concerning any
prospective employee, consultant, assistant or volunteer, a provider
shall:

(1) inform the prospective employee, consultant, assistant or
volunteer in writing that the provider is required to request his or her
criminal history information from the division of criminal justice
services and review such information pursuant to this section; and

(2) obtain the signed informed consent of the prospective employee,
consultant, assistant or volunteer on a form supplied by the division of
criminal justice services which indicates that such person has:

(i) been informed of the right and procedures necessary to obtain,
review and seek correction of his or her criminal history information;

(ii) been informed of the reason for the request for his or her
criminal history information;

(iii) consented to such request; and

(iv) supplied on the form a current mailing or home address.

(b) Upon receiving such written consent, the provider shall obtain a
set of fingerprints of such prospective employee, consultant, assistant,
or volunteer and provide such fingerprints to the division of criminal
justice services pursuant to regulations established by the division of
criminal justice services.

2. A provider shall designate one or two persons in its employ who
shall be authorized to request, receive and review the criminal history
information, and only such persons and the prospective employee,
consultant, assistant or volunteer to which the criminal history
information relates shall have access to such information; provided,
however, the criminal history information may be disclosed to other
personnel authorized by the provider who are empowered to make decisions
concerning prospective employees, consultants, assistants or volunteers
and provided further that such other personnel shall also be subject to
the confidentiality requirements and all other provisions of this
section. A provider shall notify each person authorized to have access
to criminal history information pursuant to this section.

3. A provider requesting criminal history information pursuant to this
section shall also complete a form developed for such purpose by the
division of criminal justice services. Such form shall include a sworn
statement of the person designated by such provider to request, receive
and review criminal history information pursuant to subdivision two of
this section certifying that:

(a) such criminal history information will be used by the provider
solely for purposes authorized by this section;

(b) the provider and its staff are aware of and will abide by the
confidentiality requirements and all other provisions of this section;
and

(c) the persons designated by the provider to receive criminal history
information pursuant to subdivision two of this section shall upon
receipt immediately mark such criminal history information
"confidential," and shall at all times maintain such criminal history
information in a secure place.

4. Upon receipt of the fingerprints and sworn statement required by
this section, the provider shall promptly submit the fingerprints to the
division of criminal justice services.

5. The division of criminal justice services shall promptly provide
the requested criminal history information, if any, to the provider that
transmitted the fingerprints to it. Criminal history information
provided by the division of criminal justice services pursuant to this
section shall be furnished only by mail or other method of secure and
confidential delivery, addressed to the requesting provider. Such
information and the envelope in which it is enclosed shall be
prominently marked "confidential," and shall at all times be maintained
by the provider in a secure place.

6. Upon receipt of criminal history information from the division of
criminal justice services, the provider may request, and is entitled to
receive, information pertaining to any crime identified on such criminal
history information from any state or local law enforcement agency,
district attorney, parole officer, probation officer or court for the
purposes of determining whether any grounds relating to such crime exist
for denying an application, renewal, or employment.

7. After receiving criminal history information pursuant to
subdivisions five and six of this section and before making a
determination, the provider shall provide the prospective employee,
consultant, assistant or volunteer with a copy of such criminal history
information and a copy of article twenty-three-A of the correction law
and inform such prospective employee, consultant, assistant and
volunteer of his or her right to seek correction of any incorrect
information contained in such criminal history information provided by
the division of criminal justice services pursuant to the regulations
and procedures established by the division of criminal justice services
and the right of the prospective employee, consultant, assistant or
volunteer to provide information relevant to such analysis.

8. Criminal history information obtained pursuant to subdivisions five
and six of this section shall be considered by the provider in
accordance with the provisions of article twenty-three-A of the
correction law and subdivisions fifteen and sixteen of section two
hundred ninety-six of the executive law.

9. A prospective employee, consultant, assistant or volunteer may
withdraw from the application process, without prejudice, at any time
regardless of whether he or she, or the provider, has reviewed his or
her criminal history information. Where a prospective employee,
consultant, assistant or volunteer withdraws from the application
process, any fingerprints and criminal history information concerning
such prospective employee, consultant, assistant or volunteer received
by the provider shall, within ninety days, be returned to such
prospective employee, consultant, assistant or volunteer by the person
designated for receipt of criminal history information pursuant to
subdivision two of this section.

10. Any person who willfully permits the release of any confidential
criminal history information contained in the report to persons not
permitted by this section to receive such information shall be guilty of
a misdemeanor.

11. The commissioner of the division of criminal justice services, in
consultation with the office of temporary and disability assistance,
shall promulgate all rules and regulations necessary to implement the
provisions of this section, which shall include convenient procedures
for the provider to promptly verify the accuracy of the reviewed
criminal history information and, to the extent authorized by law, to
have access to relevant documents related thereto.