[Adopted 12-7-2004 by L.L. No. 45-2004]
A.
This Legislature finds and determines that Article I of this chapter establishes requirements for the operation of a congregate emergency shelter (CES), including a certification requirement.
B.
This Legislature further finds and determines that pursuant to Article I of this chapter, staff persons of congregate emergency shelters must be screened for criminal offense convictions by the Suffolk County Department of Social Services.
D.
This Legislature
further finds and determines that criminal history record checks may
be implemented through a contract with the New York State Division
of Criminal Justice Services (DCJS).
E.
This Legislature
further finds and determines that in order to give DCJS the authority
to implement criminal history record checks on behalf of a local government,
a local law containing specific elements must be adopted by the locality.
F.
This Legislature further finds and determines that, pursuant to Article I, §§ 438-3 and 438-4, CES staff persons and certification applicants must also be screened for any referrals to the New York State Central Register of Child Abuse and Maltreatment and for comparable offenses and referrals in other jurisdictions.
G.
This Legislature
further finds and determines that such screening will protect the
health, safety and welfare of persons using congregate emergency shelters.
H.
This Legislature
further finds and determines that a companion resolution has been
introduced herewith to amend standards for criminal history record
screening to conform to this article.
I.
Accordingly,
the purpose of this article is to provide authority for the fingerprinting
and criminal history record checks of certification applicants and
staff persons of congregate emergency shelters and to establish procedures
to implement the screening process through the New York State Division
of Criminal Justice Services and the Suffolk County Department of
Social Services.
As used in this article, the following terms shall have the
meanings indicated:
Includes any existing personnel or new personnel of a congregate
emergency shelter, whether paid or unpaid. CES staff or staff persons
shall include all persons who come into direct, unsupervised resident
contact.
The Commissioner of the County Department of Social Services.
A residential facility providing temporary (nondomicile)
housing to at least four individuals or families who or which are
homeless, for which such temporary use and occupancy of the housing
facilities the owner or primary tenant of the property receives compensation,
either directly from the temporary occupant or through reimbursement
from a third party on behalf of such temporary occupant, or both.
The facility may also provide ancillary services such as counseling,
treatment or other support services.
The Housing and Adult Services Division within the County
Department of Social Services, or any successor division.
An agency or unit of government, a voluntary agency or any
other person or organization which intends to construct, establish,
expand, modify or operate a congregate emergency shelter with the
use of government funds, assistance, sponsorship, property or approval.
In order to be eligible for certification or certification renewal
by the Division, the certification applicant shall undertake the following
actions for himself or herself, if he or she is an individual, and
also require any CES staff to:
A.
Make a written statement concerning whether he/she has been convicted
of any criminal offense in any jurisdiction and whether he/she has
been the subject of any referral to the New York State Central Register
of Child Abuse and Maltreatment or to a comparable register in other
jurisdictions. If he/she has been convicted of an offense or has been
the subject of a referral, he/she shall state the jurisdiction where
the incident was alleged to have occurred. This statement shall be
signed under penalties of perjury.
B.
Report, on a continuing basis, any convictions for criminal offenses
in any jurisdiction or referrals to the New York State Central Register
of Child Abuse and Maltreatment or comparable referrals in other jurisdictions
which occur after the date of the initial statement.
C.
Be fingerprinted by the Division, for purposes of identification
and criminal history review through the New York State Division of
Criminal Justice Services (DCJS).
Fingerprinting of certification applicants and CES staff shall
be conducted by the Division, upon written request signed by each
certification applicant and, where applicable, the CES staff person.
Such request to the Division shall also include a copy of the certification
applicant's or CES staff person's statement submitted pursuant
to the previous section.
The Division shall forward all fingerprint cards to the Division
of Criminal Justice Services, together with any required fees, for
a criminal history record check.
A.
The criminal history records sent by DCJS and the certification applicant or CES staff person's statement pursuant to Suffolk County Code § 438-17 shall be submitted to the Commissioner, or his/her departmental designee, for review and consideration of the contents of those records in accordance with §§ 438-20 and 438-21.
B.
If the information received from DCJS or the written statement of
the certification applicant or the CES staff person indicates that
he/she has a conviction for a criminal offense, then the Commissioner
or his/her designee shall offer the certification applicant or CES
staff person the opportunity to provide written information relevant
to the factors listed in New York Correction Law §§ 752
and 753, or any amendments thereto. The certification applicant or
the CES staff person may also provide information concerning any extenuating
circumstances.
C.
If the information received from DCJS or the written statement indicates
that there is a pending criminal offense, the CES staff person or
certification applicant shall be required to forward documentation
to the Commissioner or his/her designee evidencing the disposition
of the offense.
D.
Upon a determination of disqualification, the Commissioner, or his/her
designee, shall notify the CES staff person (at his last known address),
the certification applicant and the Division of said determination.
The notices shall include information regarding the right to appeal
and contest any claimed ground for disqualification. Notices shall
comply with all applicable confidentiality requirements and shall
comply with New York Correction Law § 754, or any amendments
thereto, where applicable.
E.
Any challenge to information contained in criminal history records
provided by DCJS shall be conducted in accordance with the applicable
DCJS rules and regulations.
A.
If the information received from DCJS or the written statement of
the certification applicant or the CES staff person indicates that
he/she has a conviction for a criminal offense, the Commissioner,
or his/her designee, shall make a determination regarding disqualification
of the CES staff person or certification applicant. Such review and
determination shall be made in accordance with New York Correction
Law Article 23-A, the Suffolk County Code and any other applicable
law, as they now exist or as they may be amended.
B.
A CES staff person or a certification applicant may be disqualified
because he or she has been convicted of any criminal offense, if either
of the following criteria is met:
C.
A CES staff person or a certification applicant may also be disqualified
on the basis of a referral to the New York State Central Register
of Child Abuse and Maltreatment or a comparable referral in another
jurisdiction.
D.
Disqualification for any offense may be waived by the Commissioner
or his/her designee, if the certification applicant or CES staff person
has been granted a certificate of relief from disabilities or a certificate
of good conduct. The Commissioner or his/her designee shall give due
consideration to these certificates in accordance with New York Correction
Law § 753, or any amendment thereto.
A.
The certification applicant shall be prohibited from utilizing a
CES staff person who has been disqualified by the Commissioner or
his/her designee.
The Division shall follow all confidentiality procedures/guidelines
established by DCJS.
The Suffolk County Executive is hereby authorized to execute
and implement any necessary contracts with the New York State Division
of Criminal Justice Services, approved as to legality by the Suffolk
County Attorney, in order to implement this article.
