Directs the division of criminal justice services to provide criminal background checks to nonprofit mentoring programs free of charge.
TITLE OF BILL: An act to amend the social services law and the executive law, in relation to the provision of criminal history background checks free of charge to mentoring programs operated by not-for-profit corporations
PURPOSE: To direct the Division of Criminal Justice Services to provide criminal background checks to not-for-profit mentoring programs free of charge.
SUMMARY OF PROVISIONS: Section 1 of the bill amends Subdivision 4 of section 390-e of the social services law to provide that there shall be no processing fee for criminal background checks requested by not-for-profit mentoring programs.
Section 2 amends subdivision 8-a of section 837 of the executive law to provide that the Division of Criminal Justice Services shall not request or accept any fee for conducting criminal background checks for not-for-profit mentoring programs.
Section 3 provides the effective date.
EXISTING LAW: Not-for-profit mentoring programs are currently assessed a fee for criminal background checks.
JUSTIFICATION: Youth mentoring programs provide a needed service in our communities. They match troubled or at risk youth with positive adult role models in long-term mentoring friendships for the purpose of guiding them through difficult life decisions and circumstances. However, not-far-profit mentoring programs have very limited resources and the cost of criminal background checks can be prohibitive. This bill would allow a not-far-profit mentoring program to avoid the fee associated with a background check, thus allowing the organization to dedicate its scarce resources to providing service to the community.
LEGISLATIVE HISTORY: 2010: S.8046 - Referred to Children and Families
FISCAL IMPLICATIONS: Minimal.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 2522 2011-2012 Regular Sessions IN SENATE January 24, 2011 ___________Introduced by Sens. JOHNSON, DeFRANCISCO, GOLDEN, LARKIN -- read twice and ordered printed, and when printed to be committed to the Committee on Children and Families AN ACT to amend the social services law and the executive law, in relation to the provision of criminal history background checks free of charge to mentoring programs operated by not-for-profit corpo- rations THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 4 of section 390-e of the social services law, as added by chapter 459 of the laws of 2006, is amended to read as follows: 4. Every mentoring program that chooses to apply for a criminal histo- ry background check with the division of criminal justice services 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 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; PROVIDED, HOWEV- ER, IF THE MENTORING PROGRAM IS OPERATED BY A NOT-FOR-PROFIT CORPO- RATION, NO PROCESSING FEE SHALL BE IMPOSED FOR A CRIMINAL BACKGROUND CHECK. The office shall promptly submit the fingerprint card and the processing fee, IF 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. Subdivision 8-a of section 837 of the executive law, as amended by chapter 561 of the laws of 2006, is amended to read as follows:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07257-01-1 S. 2522 2
8-a. Charge a fee when, pursuant to statute or the regulations of the division, it conducts a search of its criminal history records and returns a report thereon in connection with an application for employ- ment or for a license or permit. The division shall adopt and may, from time to time, amend a schedule of such fees which shall be in amounts determined by the division to be reasonably related to the cost of conducting such searches and returning reports thereon but, in no event, shall any such fee exceed twenty-five dollars and an additional surcharge of fifty dollars. The comptroller is hereby authorized to deposit such fees into the general fund, provided, however, that the monies received by the division of criminal justice services for payment of the additional surcharge shall be deposited in equal amounts to the general fund and to the fingerprint identification and technology account. Notwithstanding the foregoing, the division shall not request or accept any fee for searching its records and supplying a criminal history report pursuant to section two hundred fifty-one-b of the gener- al business law relating to participating in flight instruction at any aeronautical facility, flight school or institution of higher learning, OR PURSUANT TO SECTION THREE HUNDRED NINETY-E OF THE SOCIAL SERVICES LAW WHEN THE DIVISION IS SUPPLYING A CRIMINAL HISTORY REPORT TO A MENTORING PROGRAM OPERATED BY A NOT-FOR-PROFIT CORPORATION. S 3. This act shall take effect immediately.