A2376-2011 Actions

• Jan 4, 2012: referred to social services
• Jan 18, 2011: referred to social services

A2376-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2376
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 18, 2011
 
 Introduced  by M. of A. CLARK, MAYERSOHN, CANESTRARI, TITUS, WEISENBERG,
 MARKEY,  PHEFFER  --  Multi-Sponsored  by  --  M.  of  A.   BENEDETTO,
 BROOK-KRASNY,  CALHOUN,  COLTON,  CROUCH,  FINCH, GALEF, MAISEL, RAIA,
 SAYWARD, SPANO, THIELE, TOWNS -- read once and referred to the Commit
 tee on Social Services
 

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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06589-01-1
 
       A. 2376                             2
 and prospective mentors or they  may  choose  one  uniform  process  for
 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.

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