[HISTORY: Adopted by the Albany County Legislature 6-9-1997 by L.L. No. 4-1997; amended in its entirety 5-10-2002 by L.L. No. 1-2002. Subsequent amendments noted where applicable.]
A. 
This Legislature finds and determines that to protect the health, safety and welfare of persons receiving home care services, employees of any person, corporation or other entity seeking to contract with the County of Albany on or after the effective date of this chapter to provide home care services must require all employees and prospective employees who will be assigned to clients under the supervision of Albany County to be background checked by being fingerprinted and having their criminal history record reviewed.
B. 
This Legislature further finds and determines that it is in the best interests of Albany County citizens receiving home care services to have the opportunity to have private providers of home care services be background checked on a voluntary basis by being fingerprinted and having their criminal history record reviewed.
C. 
This Legislature further finds and determines that the Division of Criminal Justice Services (DCJS) requires that local laws must contain certain elements to grant them authority to conduct fingerprinting and criminal history record checks.
D. 
Accordingly, a purpose of this chapter is to provide authority for the mandatory fingerprinting and criminal history record checks of home care service provider employees and prospective employees who will be assigned to clients under the supervision of Albany County prior to Albany County entering into a contractual relationship with said service providers by requiring all such providers and provider personnel to be background checked by Albany County.
E. 
The further purpose of this chapter is to provide authority for the voluntary fingerprinting and criminal history record checks of private home care service providers.
As used in this chapter, the following terms shall have the meanings indicated:
COUNTY PROVIDER
Any person, corporation or other entity seeking to contract with the County of Albany to provide home care services on or after the effective date of this chapter.
COUNTY PROVIDER PERSONNEL
Any home care service employees and prospective employees who will be assigned to clients under the supervision of Albany County. "Employees" shall include management, corporate officers, agents, volunteers, interns, public assistance recipients assigned to work projects, and auxiliary workers who come into regular, constant, routine, patterned contact with persons receiving home care services.
HOME CARE SERVICES
A. 
One or more of the following services provided to persons at home:
(1) 
Those services provided by a home care services agency.
(2) 
Home health aide services.
(3) 
Personal care services.
(4) 
Homemaker services.
(5) 
Housekeeper or chore services.
B. 
The terms herein shall have the meanings as defined in Public Health Law § 3602 and as further defined in Title 18 of the New York Codes, Rules and Regulations.
PRIVATE PROVIDER
Any person, corporation or other entity seeking to provide home care services within the County of Albany on or after the effective date of this chapter.
PRIVATE PROVIDER PERSONNEL
Any home care service provider assigned to clients who are Albany County residents, excluding those clients under the supervision of Albany County as defined above. "Private provider personnel" includes independent contractors, employees, management, corporate officers, agents, volunteers, interns, public assistance recipients assigned to work projects, and auxiliary workers who come into regular, constant, routine, patterned contact with persons receiving home care services.
A. 
As a condition of a County provider's eligibility to contract with Albany County on or after the effective date of this chapter, all County provider personnel as defined herein shall be required to be fingerprinted by the Albany County Sheriff's Department for identification processing and criminal history review through the New York State Division of Criminal Justice Services (DCJS) in accordance with the procedures and requirements as established by the Albany County Sheriff as a condition of eligibility to contract with Albany County and/or continued eligibility.
B. 
In order for a private provider personnel to apply for review, the private provider personnel, as defined herein, shall be required to make an application and be fingerprinted by the Albany County Sheriff's Department for identification processing and criminal history review through the New York State Division of Criminal Justice Services (DCJS) in accordance with the procedures and requirements as established by the Albany County Sheriff as a condition of eligibility and/or continued eligibility.
A. 
Fingerprint cards for all County provider personnel shall be prepared by each County provider and forwarded to the Albany County Sheriff's Department for identification processing, together with any applicable processing fee to be paid by the County provider. Fingerprint cards and the applicable fee will be forwarded to DCJS for processing. Such fingerprinting procedure shall be established by the Albany County Sheriff.
B. 
Fingerprint cards for private provider personnel shall be prepared by each applicant and forwarded to the Albany County Sheriff's Department for identification processing, together with any applicable processing fee. Fingerprint cards and the applicable fee will be forwarded to DCJS for processing. Such fingerprinting procedure shall be established by the Albany County Sheriff.
A. 
The criminal history records processed by DCJS concerning County provider personnel shall be submitted to the Albany County Sheriff or his/her departmental designee, for review and consideration of the contents of those records, and the determination on eligibility as set forth below. If the information received indicates that there is a pending criminal offense that would require a disqualification, the County provider shall require the County provider personnel to forward documentation to the Sheriff evidencing the disposition of such offense in accordance with the procedure established by the Sheriff. Upon a determination of disqualification, the Sheriff shall notify the County provider and the County of said determination. Said notice to the County provider shall include information regarding the right to appeal and contest any claimed grounds for disqualification in accordance with the procedures established by the Sheriff. Any challenge to information contained in criminal records provided by DCJS shall be conducted in accordance with the applicable DCJS rules and regulations.
B. 
The criminal history records processed by DCJS concerning private provider personnel shall be submitted to the Albany County Sheriff or his/her departmental designee, for review and consideration of the contents of those records in relation to the prohibitions of a County provider personnel's eligibility as set forth below. If the information received indicates that there is a pending criminal offense that would require a disqualification of County provider personnel, the applicant shall be required to forward documentation to the Sheriff evidencing the disposition of such offense in accordance with the procedure established by the Sheriff. Upon a determination of what would be a disqualification for County provider personnel, the Sheriff shall notify the private provider applicant of said determination. Said notice to the applicant shall include information regarding the right to appeal and contest any claimed grounds for disqualification in accordance with the procedures established by the Sheriff. Any challenge to information contained in criminal records provided by DCJS shall be conducted in accordance with the applicable DCJS rules and regulations.
The Albany County Sheriff's Department shall establish procedures and forms for the orderly administration of this chapter. Procedures shall be established which are necessary for the implementation of the process for appeal pursuant to § 187-5 of this chapter. The Sheriff's Department shall establish procedures for the periodic review of County provider records to ensure compliance with this chapter throughout the contract period with Albany County. The Sheriff's Department shall establish procedures pertaining to all notifications for both County provider personnel and private provider personnel. Such notification procedures shall include, but not be limited to, the notification of disqualifying offenses reported to the Sheriff's Department pertaining to either County provider personnel or private provider personnel after the completion of the initial background screening and the notification requirements pertaining to County provider personnel's responsibilities to report any convictions of offenses that would disqualify him/her from being assigned to clients under the supervision of Albany County.
Any County provider personnel who has been convicted of the crimes including, but not limited to, those set forth herein, or convicted of any other crimes which in the judgment of the Albany County Sheriff endanger the health, safety, and physical and/or mental well-being of a recipient of home care services, shall result in the disqualification of a County provider from consideration for contracting with Albany County until such time as said disqualification is rectified. The following shall be the criteria used to determine the qualification of a private provider personnel applicant for eligibility:
A. 
A County provider personnel shall be permanently disqualified from being assigned to clients under the supervision of Albany County if that person has been convicted or forfeited bond or collateral, which forfeiture order has not been vacated or the subject of an order of remission upon a violation of New York Penal Law § 100.13, 105.15, 105.17, 115.08, 120.01, 120.30, 120.35, 125.10, 125.12, 125.15, 125.20, 125.25, 125.27, 130.30, 130.25, 130.35, 130.40, 130.45, 130.50, 130.60, 130.65, 130.66, 130.67, 130.70, 130.85, 135.20, 135.25, 135.55, 150.20, 155.30, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 220.46, 260.00, 260.10, 260.25, 260.31, 260.32, 260.34, 263.05, 263.10, 263.15 or 265.04, or any offense committed outside New York State which would constitute a violation of the aforesaid sections of the Penal Law had they been committed in New York State, or an attempt to commit any of the aforesaid offenses under Penal Law § 110.00, or an offense committed under a former section of the Penal Law which would constitute a violation of the aforesaid sections of the Penal Law. However, such disqualification with regard to convictions upon a violation of Penal Law § 125.12, 125.20, 125.25, 125.27, 130.25, 130.30, 130.35, 130.45, 130.50, 130.60, 130.65, 130.70, 135.25 or 150.20, or any offense committed outside New York State which would constitute a violation of the aforesaid sections of the Penal Law had they been committed in New York State or an attempt to commit any of these offenses under Penal Law § 110.00 may be waived, provided that 10 years have expired since the proposed County provider personnel was discharged or released from a sentence of imprisonment imposed pursuant to conviction of an offense that requires disqualification under this subsection and that the applicant shall have been granted a certificate of relief from disabilities as provided for in New York Correction Law § 701. Such certificate shall only be issued by the court having jurisdiction over such conviction and shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense or offenses for which the person was convicted will have on that person's prospective employment as a home care services employee, prior to granting such a certificate. Furthermore, such disqualification with regard to convictions upon a violation of Penal Law § 100.13, 105.15, 105.17, 115.08, 125.10, 125.15, 130.25, 130.40, 130.60, 130.65, 135.20, 160.15, 220.18, 220.21, 220.39, 220.41, 220.43, 260.00, 263.05, 263.10, 263.15 or 265.04, or an attempt to commit any of the aforesaid offenses under Penal Law § 110.00, or any offenses committed outside this state which would constitute violations of the aforesaid sections of the Penal Law, shall be waived, provided that 10 years have expired since the applicant was incarcerated pursuant to a sentence of imprisonment imposed on conviction of an offense that requires disqualification under this subsection and that the applicant shall have been granted a certificate of relief from disabilities as provided for in Corrections Law § 701. Such certificate shall only be issued by the court having jurisdiction over such conviction. Such certificate shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense or offenses for which the person was convicted will have on the applicant's prospective employment as a home care services employee, prior to granting such a certificate.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
A County provider personnel shall be disqualified for a period of 10 years from the date of last conviction specified herein from being assigned to clients under the supervision of Albany County if that person has been convicted of or forfeited bond or collateral which forfeiture order has not been vacated or the subject of an order of remission upon a violation of Penal Law § 100.10, 105.13, 115.05, 120.00, 120.03, 120.04, 120.05, 120.10, 120.11, 120.12, 120.25, 125.13, 125.40, 125.45, 130.20, 130.25, 130.55, 130.75, 130.80, 135.10, 135.55, 140.17, 140.20, 140.25, 140.30, 145.12, 150.10, 150.15, 155.25, 155.30, 155.35, 155.40, 155.42, 160.05, 160.10, 220.05, 220.06, 220.09, 220.16, 220.31, 220.34, 220.44, 220.60, 221.30, 221.50, 221.55, 230.00, 230.05, 230.06, 230.20, 230.25, 230.30, 230.32, 235.05, 235.06, 235.07, 235.21, 240.06, 245.00, 260.10 and Subdivision 2 of § 260.20 and §§ 260.25, 265.02, 265.03, 265.08, 265.09, 265.10, 265.12 and 265.35 or an attempt to commit any of the aforesaid offenses under Penal Law § 110.00, or any similar offenses committed under a former section of the Penal Law which would constitute violations of the aforesaid sections of the Penal Law, or any offenses committed outside this state which would constitute violations of the aforesaid sections of the Penal Law. However, such disqualification shall be waived, provided that the applicant has been granted a certificate of relief from disabilities as provided for in Corrections Law § 701. Such certificate shall only be issued by the court having jurisdiction over such conviction. Such certificate shall specifically indicate that the authority granting such certificate has considered the bearing, if any, the criminal offense or offenses for which the job applicant was convicted will have on the applicant's prospective employment as a home care services employee, prior to granting such certificate.