A03373 Summary:

BILL NO    A03373 

SAME AS    No same as 

SPONSOR    Clark (MS)

COSPNSR    Titus, Weisenberg, Markey

MLTSPNSR   Benedetto, Brook-Krasny, Colton, Crouch, Finch, Galef, Perry, Raia,
           Thiele

Amd S390-e, Soc Serv L

Requires all mentoring programs to do background checks on prospective
employees and mentors.
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A03373 Actions:

BILL NO    A03373 

01/25/2013 referred to children and families
01/08/2014 referred to children and families
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A03373 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3373

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 25, 2013
                                      ___________

       Introduced  by  M. of A. CLARK, TITUS, WEISENBERG, MARKEY -- Multi-Spon-
         sored by -- M. of A.  BENEDETTO, BROOK-KRASNY, COLTON, CROUCH,  FINCH,
         GALEF, MAISEL, RAIA, THIELE -- read once and referred to the Committee
         on Children and Families

       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:

    1    Section  1.  Subdivisions  2,  3  and 4 of section 390-e of the social
    2  services law, as added by chapter 459 of the laws of 2006,  are  amended
    3  to read as follows:
    4    2.  Mentoring  programs  [may] SHALL perform a criminal history record
    5  check on all prospective employees and mentors.
    6    3. Notwithstanding any other provision of law to the contrary, subject
    7  to the rules  and  regulations  of  the  division  of  criminal  justice
    8  services,  mentoring  programs  [may] SHALL apply for a criminal history
    9  record check with the division of criminal  justice  services  regarding
   10  any  prospective  employee  or  any prospective mentor who may engage in
   11  unsupervised activities with youth or in  activities  with  youth  in  a
   12  setting  without  constant  agency or parental oversight. Each mentoring
   13  program [that chooses to complete such  criminal  background  checks  on
   14  prospective employees or on prospective mentors] shall establish a poli-
   15  cy for completing criminal background checks on such prospective employ-
   16  ees  or  mentors.  Such  policy shall apply one uniform standard for the
   17  completion of criminal background checks for all  prospective  employees
   18  and  one  uniform  standard  for  the  completion of criminal background
   19  checks for all prospective mentors. Any mentoring program [that  chooses
   20  to complete criminal background checks on both prospective employees and
   21  prospective  mentors]  may  utilize  the  same  uniform  process for the
   22  completion of the criminal background checks  on  prospective  employees
   23  and  prospective  mentors  or  they  may  choose one uniform process for

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06685-01-3
       A. 3373                             2

    1  prospective  employees  and  another  uniform  process  for  prospective
    2  mentors.
    3    4.  Every mentoring program [that chooses to] SHALL apply for a crimi-
    4  nal history background check  with  the  division  of  criminal  justice
    5  services AND shall obtain a set of fingerprints from each individual for
    6  whom  a  criminal  background  check  is  to be completed and such other
    7  information as is required by the office and the  division  of  criminal
    8  justice  services.  For each prospective employee or mentor for whom the
    9  mentoring program [completes] MUST COMPLETE a criminal background check,
   10  the mentoring program shall provide the applicant with blank fingerprint
   11  cards and a description of how the completed fingerprint  card  will  be
   12  used  upon  submission  to  the mentoring program. The mentoring program
   13  shall promptly transmit such fingerprint card and the processing fee  to
   14  the  office.  The  office shall promptly submit the fingerprint card and
   15  the processing fee, imposed pursuant to subdivision eight-a  of  section
   16  eight  hundred  thirty-seven  of  the  executive law, to the division of
   17  criminal justice services for its full search and retain processing.
   18    S 2. This act shall take effect on the first of April next  succeeding
   19  the  date  on  which it shall have become a law, provided that any rules
   20  and regulations necessary to implement the provisions of this act on its
   21  effective date are authorized and directed to be completed on or  before
   22  such date.
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