HOUSE DOCKET, NO. 4282        FILED ON: 10/11/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4104

The Commonwealth of Massachusetts

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PRESENTED BY:

Kay Khan

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to background checks by the Department of Youth Services.

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PETITION OF:

HOUSE DOCKET, NO. 4282        FILED ON: 10/11/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4104

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to background checks by the Department of Youth Services.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 7 of chapter 15D of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “program”, in lines 38 and 41, in each instance, the following words:- other than programs operated by the department of youth services.

SECTION 2. Chapter 18A of the General Laws is hereby amended by inserting after section 8 the following section:-

Section 8A. (a) Each current or prospective department employee, intern, volunteer or subcontractor providing residential or support services with the potential for unsupervised contact with youths committed to the care or custody of the department shall be subject to a background check that shall include: (i) a fingerprint-based check of the state and national criminal history databases pursuant to Public Law 92-544; (ii) a criminal offender record information check pursuant to section 172 of chapter 6; (iii) a check for supported findings of abuse or neglect pursuant to section 51B of chapter 119; (iv) a sex offender registry information check pursuant to section 178K of chapter said 6; and (v) where relevant to the employee’s duties, a registry of motor vehicles information check.

(b) Fingerprints shall be submitted to the identification section of the department of state police for a state criminal history check and forwarded to the Federal Bureau of Investigation for a national criminal history check, according to the policies and procedures established by the identification section and by the department of criminal justice information services. Fingerprint submissions may be retained by the Federal Bureau of Investigation, the identification section and the department of criminal justice information services to assist the department in its review of suitability for initial or continued employment, licensure, certification or approval. The department of criminal justice information services may disseminate the results of a state and national criminal history check to authorized staff of the department to determine the suitability of current and prospective employees who have the potential for unsupervised contact with youths committed to the care or custody of the department and subcontractors, interns, volunteers or other individuals employed or retained by the department who have the potential for unsupervised contact with youths committed to the care or custody of the department.

Notwithstanding subsections 9 and 9½ of section 4 of chapter 151B, if the department receives information from a fingerprint-based check that does not include a final disposition or is otherwise incomplete, the department may request that an applicant, including new and renewing applicants, provide additional information to assist the department in determining the suitability of the individual for licensure, certification, approval, funding or employment.

(c) The department of criminal justice information services shall disseminate the results of the criminal background check to authorized staff of the department. The department of criminal justice information services shall only disseminate information under this section that would otherwise be available to the department by law. When the department receives the results of the national criminal background checks, it shall treat the information according to the department’s background check procedures regarding criminal offender record information.

(d) A person required to submit fingerprints under this section including, but not limited to, current and prospective employees, interns, subcontractors and volunteers in a department program who have the potential for unsupervised contact with youth committed to the care or custody of the department, may be charged a fee to be established by the secretary of administration and finance, in consultation with the secretary of public safety and the commissioner of youth services, to offset the costs of operating and administering a fingerprint based criminal background check system. The fee shall not exceed $45 per person. The secretary of administration and finance, in consultation with the secretary of public safety and the commissioner of youth services, may increase the fee accordingly if the Federal Bureau of Investigation increases its fingerprint background check service fee. The department may reimburse employees and applicants for employment, internship or volunteer positions, for all or part of the fee. Fees collected from fingerprinting activity under this chapter shall be deposited into the Fingerprint-Based Background Check Trust Fund established in section 2HHHH of chapter 29.

(e) The department shall promulgate regulations necessary to carry out this section.