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S07410 Summary:

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S07410 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7410--A
            Cal. No. 1367
 
                    IN SENATE
 
                                     April 29, 2016
                                       ___________
 
        Introduced by Sen. CARLUCCI -- (at request of the Office for People with
          Developmental  Disabilities)  --  read  twice and ordered printed, and
          when printed to be committed to the Committee  on  Mental  Health  and
          Developmental  Disabilities -- reported favorably from said committee,
          ordered to first report, amended on first report, ordered to a  second
          report  and  ordered  reprinted,  retaining  its place in the order of
          second report
 
        AN ACT to amend the mental hygiene law, in relation to  authorizing  the
          commissioner  of the office for people with developmental disabilities
          to have access to certain criminal history information
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  13.09  of  the  mental hygiene law is amended by
     2  adding a new subdivision (h) to read as follows:
     3    (h) The commissioner shall be authorized to have  access  to  criminal
     4  history  information,  as defined in paragraph (c) of subdivision one of
     5  section eight hundred forty-five-b of the executive  law,  contained  in
     6  the  central  data  facility  established  by  the  division of criminal
     7  justice services, upon such terms and conditions as the commissioner and
     8  the commissioner of the division  of  criminal  justice  services  shall
     9  agree.  The  report  containing such criminal history information may be
    10  summarized for inclusion in the individual's clinical  record,  however,
    11  such report shall be destroyed within fourteen days of its receipt. Such
    12  information  shall  be  used  for purposes of making decisions regarding
    13  care and treatment, health and safety, privileges and discharge planning
    14  for individuals admitted to or retained  in  a  school,  as  defined  in
    15  section  15.03  of  this title, operated by the office. The commissioner
    16  shall promulgate standards regarding the use of such information,  which
    17  may include, but not be limited to, consideration of the type of offense
    18  and  the  date  of  conviction,  and  its relevance, if any, to care and
    19  treatment, health and safety and discharge planning.  Individuals  shall
    20  be  given written notice that their criminal history information will be
    21  obtained by the school, that the  opportunity  exists  to  request  such
    22  criminal  history  information and seek the correction of any inaccurate
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14259-10-6
        S. 7410--A                          2

     1  criminal history information in accordance with the regulations  of  the
     2  division  of  criminal justice services, and that the opportunity exists
     3  to challenge the accuracy of such information maintained in the individ-
     4  ual's  clinical record to the extent authorized by section 33.16 of this
     5  chapter. Such information shall  be  kept  confidential  to  the  extent
     6  required under applicable federal and state law, including section 33.13
     7  of this chapter.
     8    §  2.  This  act shall take effect on the ninetieth day after it shall
     9  have become a law.