Legislation
SECTION 36.06
Review of criminal history information
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 36
§ 36.06 Review of criminal history information.
(a) The justice center for the protection of people with special needs
and the office of addiction services and supports shall be authorized to
jointly receive from the division of criminal justice services criminal
history information, as such term is defined in paragraph (c) of
subdivision one of section eight hundred forty-five-b of the executive
law, pursuant to the authority provided under sections 19.20, 19.20-a,
and 31.35 of this chapter to facilitate a single process to review such
criminal history of and make a suitability determination for applicants
to be providers of services and prospective employees or volunteers who
will have regular and substantial unsupervised or unrestricted physical
contact with the clients of a provider licensed, certified, or otherwise
authorized under this article, in accordance with policies and
procedures developed jointly by the justice center for the protection of
people with special needs and the office of addiction services and
supports, in consultation with the office of mental health.
(b) The justice center for the protection of people with special needs
and the office of addiction services and supports shall be authorized to
jointly adopt a single process to review the criminal history of and
make a suitability determination for applicants to be providers of
services under both articles thirty-one and thirty-two of this title,
and prospective employees or volunteers who will have regular and
substantial unsupervised or unrestricted physical contact with the
clients of such provider and shall be authorized to jointly receive
criminal history information, as such term is defined in paragraph (c)
of subdivision one of section eight hundred forty-five-b of the
executive law from the division of criminal justice services.
* (c) Providers licensed pursuant to this article shall be considered
contracted, licensed, approved or otherwise authorized by the office of
addiction services and supports and the office of mental health for the
purpose of sections 19.20, 19.20-a, and 31.35 of this chapter, as may be
applicable. Providers shall be required to comply with the review of
criminal history information, as required in such sections, for
prospective employees or volunteers who will have regular and
substantial unsupervised or unrestricted physical contact with the
clients of such provider.
* NB Effective on the date that the rates of reimbursement for
integrated behavioral health services are approved and certified by
parties set forth in chapter 60 of 2026 § 8
* (d) The office of addiction services and supports and the office of
mental health, in consultation with the justice center for the
protection of people with special needs, shall jointly promulgate
regulations establishing the process by which a provider shall comply
with this section.
* NB Effective on the date that the rates of reimbursement for
integrated behavioral health services are approved and certified by
parties set forth in chapter 60 of 2026 § 8
(a) The justice center for the protection of people with special needs
and the office of addiction services and supports shall be authorized to
jointly receive from the division of criminal justice services criminal
history information, as such term is defined in paragraph (c) of
subdivision one of section eight hundred forty-five-b of the executive
law, pursuant to the authority provided under sections 19.20, 19.20-a,
and 31.35 of this chapter to facilitate a single process to review such
criminal history of and make a suitability determination for applicants
to be providers of services and prospective employees or volunteers who
will have regular and substantial unsupervised or unrestricted physical
contact with the clients of a provider licensed, certified, or otherwise
authorized under this article, in accordance with policies and
procedures developed jointly by the justice center for the protection of
people with special needs and the office of addiction services and
supports, in consultation with the office of mental health.
(b) The justice center for the protection of people with special needs
and the office of addiction services and supports shall be authorized to
jointly adopt a single process to review the criminal history of and
make a suitability determination for applicants to be providers of
services under both articles thirty-one and thirty-two of this title,
and prospective employees or volunteers who will have regular and
substantial unsupervised or unrestricted physical contact with the
clients of such provider and shall be authorized to jointly receive
criminal history information, as such term is defined in paragraph (c)
of subdivision one of section eight hundred forty-five-b of the
executive law from the division of criminal justice services.
* (c) Providers licensed pursuant to this article shall be considered
contracted, licensed, approved or otherwise authorized by the office of
addiction services and supports and the office of mental health for the
purpose of sections 19.20, 19.20-a, and 31.35 of this chapter, as may be
applicable. Providers shall be required to comply with the review of
criminal history information, as required in such sections, for
prospective employees or volunteers who will have regular and
substantial unsupervised or unrestricted physical contact with the
clients of such provider.
* NB Effective on the date that the rates of reimbursement for
integrated behavioral health services are approved and certified by
parties set forth in chapter 60 of 2026 § 8
* (d) The office of addiction services and supports and the office of
mental health, in consultation with the justice center for the
protection of people with special needs, shall jointly promulgate
regulations establishing the process by which a provider shall comply
with this section.
* NB Effective on the date that the rates of reimbursement for
integrated behavioral health services are approved and certified by
parties set forth in chapter 60 of 2026 § 8