[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.
C. 
This Legislature further finds and determines that, pursuant to Article I, § 438-4, applicants for certification of congregate emergency shelters must also be screened for such convictions.
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:
CERTIFICATION
A certification of a congregate emergency shelter issued or applied for pursuant to Suffolk County Code Chapter 438, Article I.
CERTIFICATION APPLICANT
The owner, manager, executive director or operator of a sponsoring agency who is required to apply for certification pursuant to Suffolk County Code Chapter 438, Article I, or to apply for renewal of such certification.
CES STAFF OR STAFF PERSONS
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.
COMMISSIONER
The Commissioner of the County Department of Social Services.
CONGREGATE EMERGENCY SHELTER (CES)
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.
DIVISION
The Housing and Adult Services Division within the County Department of Social Services, or any successor division.
SPONSORING AGENCY
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.
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:
(1) 
There is a direct relationship between one or more of the criminal offenses and the specific employment or certification sought; or
(2) 
The certification or employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.
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.
B. 
Utilization of a certification applicant or CES staff person who has been disqualified by the Commissioner or his/her designee shall be grounds for denial, nonrenewal, revocation or suspension of a certification under Suffolk County Code Chapter 438, Article I.
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.