SB 241 AGING DEPT. BACKGROUND CHECKS

Sen Leo Jaramillo

Actions: [4] SCC/SHPAC/SJC-SCC [6]germane-SHPAC [7] DP-SJC- DP [8] PASSED/S (32-6) [13] HJC-HJC [14] DP [15] PASSED/H (63-0) SGND BY GOV (Feb. 28) Ch. 16.

Scheduled: Not Scheduled

 SB241 requires criminal records checks of certain employees, applicants, and volunteers for the Long Term Services Department. SB241 declares an emergency.  

 Synopsis: SB241 relates to criminal history records checks., by enacting a new Section of the Ageing and Long-Term Services Department Act requiring criminal history records checks for certain Department employees, applicants or volunteers and providing for procedures for conducting criminal history records checks and ensuring the confidentiality of the criminal history records and providing penalties and declaring an emergency.
Analysis: Senate Bill 241 (SB241) modifies the Ageing and Long-Term Services Department Act by adding a new section requiring criminal background checks for certain employees,  applicants and volunteers.
Definitions are provided and for an employee:  "employee" means a person working for the Department in one of the following areas: (a) the Adult Protective Services Division; (b) the Long-Term Care Ombudsman Program; or (c) the Consumer and Elder Rights Division. 
Selected Applicants are defined as: "selected applicant" means a person who has completed the interview process, was selected as a candidate for employment and has conditionally accepted a position with the Department pending a criminal history records check.
A volunteer is defined as: "volunteer" means a person who: (a) performs work or who has been identified by the Department to perform work in: 1) the adult protective services division; 2) the long-term care ombudsman program; or 3) the consumer and elder rights division; (b) is not an employee; and (c) does not receive compensation for the person's work.
Both state and federal background checks are required and finger printing is to be conducted by the Department of Public Safety. The Department of Public Safety is to conduct a criminal history records check of the above persons and forward fingerprints to the federal Bureau of Investigation for a criminal history record check. The Department of Public Safety is to review the reports and compile and disseminate the information to the Department, which shall use the information to investigate and determine whether an employee, selected applicant or volunteer is qualified.
Criminal history records are to be kept confidential and not subject to the Public Records Act. 
A person who releases such records is subject to a misdemeanor charge. 
A subparagraph states: The Department shall promulgate rules for the investigation and determination of qualifications; provided that the Department shall not exclude an otherwise selected applicant, employee or volunteer on the sole basis that the person has been previously arrested or convicted of a crime, unless that person has a disqualifying criminal conviction pursuant to the Criminal Offender Employment Act.
SB241 declares an emergency for the peace, health and safety of the public.