Bill Text: VA SB626 | 2024 | Regular Session | Chaptered
Bill Title: Barrier crimes; adult substance abuse and mental health services, exception.
Spectrum: Slight Partisan Bill (Democrat 5-3)
Status: (Passed) 2024-04-08 - Governor: Acts of Assembly Chapter text (CHAP0683) [SB626 Detail]
Download: Virginia-2024-SB626-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §§37.2-314, 37.2-416.1, and 37.2-506.1 of the Code of Virginia are amended and reenacted as follows:
§37.2-314. Background check required.
A. As a condition of employment, the Department shall require any applicant who (i) accepts a position of employment at a state facility and was not employed by that state facility prior to July 1, 1996, or (ii) accepts a position with the Department that receives, monitors, or disburses funds of the Commonwealth and was not employed by the Department prior to July 1, 1996, to submit to fingerprinting and provide personal descriptive information to be forwarded along with the applicant's fingerprints through the Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI) for the purpose of obtaining national criminal history record information regarding the applicant.
B. For purposes of clause (i) of subsection A, the Department shall not hire for compensated employment persons who have been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in §19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02.
C. Notwithstanding the provisions of subsection B, the Department may hire for compensated employment at an adult substance abuse or mental health treatment program a person who was convicted of any misdemeanor violation of §18.2-57 or any violation of §18.2-248, 18.2-250, or 18.2-258.1, except an offense pursuant to subsection H1 or H2 of §18.2-248, provided that such conviction occurred more than four years prior to the application date for employment.
D. Notwithstanding the provisions of subsection B, the
Department may hire for compensated employment at an adult substance abuse or
adult mental health treatment program a person who was convicted of any
violation of §18.2-51.3; any misdemeanor violation of §18.2-56 or 18.2-56.1
or subsection A of §18.2-57; any first offense misdemeanor violation of §
18.2-57.2; any violation of §18.2-60, 18.2-89, 18.2-92, or 18.2-94; any
misdemeanor violation of §18.2-282, 18.2-346, or 18.2-346.01; any offense set
forth in clause (iii) of the definition of barrier crime in §19.2-392.02,
except an offense pursuant to subsection H1 or H2 of §18.2-248; or any
substantially similar offense under the laws of another jurisdiction, if the
Department determines, based upon a screening assessment, that the criminal
behavior was substantially related to the applicant's substance abuse or mental
illness and that the person has been successfully rehabilitated and is not a
risk to individuals receiving services based on his criminal history background
and his substance abuse or mental illness history. In addition, where the
employment at an adult substance abuse treatment program is as a peer recovery
specialist, the Department may hire any person eligible under this subsection or
who was convicted of any offense set forth in clause (iv) of the definition of
barrier crime in §19.2-392.02 if the Department determines, based upon a
screening assessment, that the criminal behavior was substantially related to
the person's substance abuse or mental illness and that the person has been
successfully rehabilitated and is not a risk to individuals receiving services
based on his criminal history background and his substance abuse or mental
illness history.
For the purposes of this subsection, "peer recovery specialist" means any person who has completed a peer recovery specialist training course approved by the Department of Behavioral Health and Developmental Services.
D. E. The Department and a screening contractor
designated by the Department shall screen applicants who meet the criteria set
forth in subsection C D to assess whether the applicants have
been rehabilitated successfully and are not a risk to individuals receiving
services based on their criminal history backgrounds and substance abuse or
mental illness histories. To be eligible for such screening, the applicant
shall have completed all prison or jail terms; shall not be under probation or
parole supervision; shall have no pending charges in any locality; shall have
paid all fines, restitution, and court costs for any prior convictions; and
shall have been free of parole or probation for at least five years for all
convictions. In addition to any supplementary information the Department or
screening contractor may require or the applicant may wish to present, the
applicant shall provide to the screening contractor a statement from his most
recent probation or parole officer, if any, outlining his period of supervision
and a copy of any pre-sentencing or post-sentencing report in connection with
the felony conviction. The cost of this screening shall be paid by the
applicant, unless the Department decides to pay the cost.
E. F. The Central Criminal Records Exchange,
upon receipt of an applicant's record or notification that no record exists,
shall submit a report or record to the state facility or to the Department. If
an applicant is denied employment because of information appearing on his
criminal history record and the applicant disputes the information upon which
the denial was based, the Central Criminal Records Exchange shall, upon written
request, furnish to the applicant the procedures for obtaining a copy of the criminal
history record from the FBI. The information provided to the state facility or
Department shall not be disseminated except as provided in this section.
F. G. Those applicants listed in clause (i) of
subsection A also shall provide to the state facility or Department a copy of
information from the central registry maintained pursuant to §63.2-1515 on any
investigation of child abuse or neglect undertaken on them.
G. H. The Board may adopt regulations to comply
with the provisions of this section. Copies of any information received by the
state facility or Department pursuant to this section shall be available to the
Department and to the applicable state facility but shall not be disseminated
further, except as permitted by state or federal law. The cost of obtaining the
criminal history record and the central registry information shall be borne by
the applicant, unless the Department or state facility decides to pay the cost.
§37.2-416.1. Background checks required; adult substance abuse and mental health services.
A. As used in this section:
"Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an adult receiving substance abuse or mental health services or (ii) immediately supervising a person in a position described in this definition.
"Hire for compensated employment" does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same licensee licensed pursuant to this article or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program licensed pursuant to this article if the person employed prior to July 1, 1999, in a licensed program had no convictions in the five years prior to the application date for employment. "Hire for compensated employment" includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or developmental services direct care position within the same licensee licensed pursuant to this article or (b) new employment in any mental health or developmental services direct care position in another office or program of the same licensee licensed pursuant to this article for which the person has previously worked in an adult substance abuse treatment position.
"Peer recovery specialist" means any person who has completed a peer recovery specialist training course approved by the Department of Behavioral Health and Developmental Services.
"Provider" means a provider who is licensed pursuant to this article and who provides substance abuse or mental health services to adults.
B. Every provider shall require (i) any applicant who accepts
employment in any direct care position and (ii) any person under contract with
the provider to serve in a direct care position to submit to fingerprinting and
provide personal descriptive information to be forwarded through the Central
Criminal Records Exchange to the Federal Bureau of Investigation (FBI) for the
purpose of obtaining national criminal history record information regarding the
applicant. Except as otherwise provided in subsection C, D, E, or F
G, no provider shall:
1. Hire for compensated employment any person who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in §19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in § 19.2-392.02; or
2. Allow any person under contract with the provider to serve in a direct care position who has been convicted of (i) any offense set forth in clause (i), (ii), or (iii) of the definition of barrier crime in § 19.2-392.02 or (ii) any offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02 (a) in the five years prior to the application date for employment or (b) if such person continues on probation or parole or has failed to pay required court costs for such offense set forth in clause (iv) of the definition of barrier crime in §19.2-392.02.
The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall submit a report to the requesting authorized officer or director of a provider. If any applicant is denied employment because of information appearing on the criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the authorized officer or director of a provider shall not be disseminated except as provided in this section.
C. Notwithstanding the provisions of subsection B, a provider may hire for compensated employment or permit any person under contract with the provider to serve in a direct care position or permit any person employed by a temporary agency that has entered into a contract with the provider to provide direct care services on behalf of the provider at an adult substance abuse or mental health treatment program a person who was convicted of any misdemeanor violation of §18.2-57 or any violation of §18.2-248, 18.2-250, or 18.2-258.1, except an offense pursuant to subsection H1 or H2 of §18.2-248, provided that such conviction occurred more than four years prior to the application date for employment.
D. Notwithstanding the provisions of subsection B, a
provider may hire for compensated employment or permit any person under
contract with the provider to serve in a direct care position or permit any
person employed by a temporary agency that has entered into a contract with the
provider to provide direct care services on behalf of the provider at adult
substance abuse or adult mental health treatment programs a person who was
convicted of any violation of §18.2-51.3; any misdemeanor violation of §18.2-56
or 18.2-56.1 or subsection A of §18.2-57; any first offense misdemeanor
violation of §18.2-57.2; any violation of §18.2-60, 18.2-89, 18.2-92, or
18.2-94; any misdemeanor violation of §18.2-282, 18.2-346, or 18.2-346.01; any
offense set forth in clause (iii) of the definition of barrier crime in §
19.2-392.02, except an offense pursuant to subsections H1 and H2 of §18.2-248;
or any substantially similar offense under the laws of another jurisdiction, if
the hiring provider determines, based upon a screening assessment, that the
criminal behavior was substantially related to the applicant's substance abuse
or mental illness and that the person has been successfully rehabilitated and
is not a risk to individuals receiving services based on his criminal history
background and his substance abuse or mental illness history. In addition,
where the employment at an adult substance abuse treatment program is as a peer
recovery specialist, the provider may hire any person eligible under this
subsection or who was convicted of any offense set forth in clause (iv) of the
definition of barrier crime in §19.2-392.02 if the hiring provider determines,
based upon a screening assessment, that the criminal behavior was substantially
related to the person's substance abuse or mental illness and that the person
has been successfully rehabilitated and is not a risk to individuals receiving
services based on his criminal history background and his substance abuse or
mental illness history.
D. E. Notwithstanding the provisions of
subsection B, a provider may hire for compensated employment or permit any
person under contract with the provider to serve in a direct care position or
permit any person employed by a temporary agency that has entered into a
contract with the provider to provide direct care services on behalf of the
provider at adult substance abuse treatment facilities a person who has been
convicted of not more than one offense under subsection C of §18.2-57, or any
substantially similar offense under the laws of another jurisdiction, if (i)
the person has been granted a simple pardon if the offense was a felony
committed in Virginia, or the equivalent if the person was convicted under the
laws of another jurisdiction; (ii) more than 10 years have elapsed since the
conviction; and (iii) the hiring provider determines, based upon a screening
assessment, that the criminal behavior was substantially related to the
applicant's substance abuse and that the person has been successfully rehabilitated
and is not a risk to individuals receiving services based on his criminal
history background and his substance abuse history.
E. F. The hiring provider and a screening
contractor designated by the Department shall screen applicants who meet the
criteria set forth in subsections C and D and E to assess whether
the applicants have been rehabilitated successfully and are not a risk to
individuals receiving services based on their criminal history backgrounds and
substance abuse or mental illness histories. To be eligible for such screening,
the applicant shall have completed all prison or jail terms, shall not be under
probation or parole supervision, shall have no pending charges in any locality,
shall have paid all fines, restitution, and court costs for any prior
convictions, and shall have been free of parole or probation for at least five
years for all convictions. In addition to any supplementary information the
provider or screening contractor may require or the applicant may wish to
present, the applicant shall provide to the screening contractor a statement
from his most recent probation or parole officer, if any, outlining his period
of supervision and a copy of any pre-sentencing or post-sentencing report in
connection with the felony conviction. The cost of this screening shall be paid
by the applicant, unless the licensed provider decides to pay the cost.
F. G. Notwithstanding the provisions of
subsection B, a provider may (i) hire for compensated employment, (ii) approve
as a sponsored residential service provider, (iii) permit to enter into a
shared living arrangement, or (iv) permit any person under contract with the
provider to serve in a direct care position on behalf of the provider or permit
any person employed by a temporary agency that has entered into a contract with
the provider to provide direct care services on behalf of the provider persons
who have been convicted of not more than one misdemeanor offense under §
18.2-57 or 18.2-57.2, or any substantially similar offense under the laws
of another jurisdiction, if 10 years have elapsed following the conviction,
unless the person committed the offense while employed in a direct care
position. A provider may also approve a person as a sponsored residential
service provider if (a) any adult living in the home of an applicant or (b) any
person employed by the applicant to provide services in the home in which
sponsored residential services are provided has been convicted of not more than
one misdemeanor offense under § 18.2-57 or 18.2-57.2, or any
substantially similar offense under the laws of another jurisdiction, if 10
years have elapsed following the conviction, unless the person committed the
offense while employed in a direct care position.
G. H. Every provider shall require, as a
condition of employment, approval as a sponsored residential service provider,
permission to enter into a shared living arrangement with a person receiving
medical assistance services pursuant to a waiver, or permission for any person
under contract with the provider to serve in a direct care position, written
consent and personal information necessary to obtain a search of the registry
of founded complaints of child abuse and neglect that is maintained by the
Department of Social Services pursuant to §63.2-1515.
H. I. The cost of obtaining the criminal history
record and search of the child abuse and neglect registry record shall be borne
by the applicant, unless the provider decides to pay the cost.
I. J. A person who complies in good faith with
the provisions of this section shall not be liable for any civil damages for
any act or omission in the performance of duties under this section unless the
act or omission was the result of gross negligence or willful misconduct.
J. K. Notwithstanding any other provision of
law, a provider that provides services to individuals receiving services under
the state plan for medical assistance services or any waiver thereto may
disclose to the Department of Medical Assistance Services (i) whether a
criminal history background check has been completed for a person described in
subsection B for whom a criminal history background check is required and (ii)
whether the person described in subsection B is eligible for employment, to
provide sponsored residential services, to provide services in the home of a
sponsored residential service provider, or to enter into a shared living
arrangement with a person receiving medical assistance services pursuant to a
waiver.
K. L. Any person employed by a temporary agency
that has entered into a contract with a provider and who will serve in a direct
care position on behalf of such provider shall undergo a background check that
shall include:
1. A criminal history records check through the Central Criminal Records Exchange pursuant to §19.2-389; and
2. A search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.
Except as otherwise provided in subsection C, D, E, or
F G, no provider shall permit any person employed by a temporary
agency that has entered into a contract with the provider to provide direct
care services on behalf of the provider if that person has been convicted of
(i) any offense set forth in clause (i), (ii), or (iii) of the definition of
barrier crime in §19.2-392.02 or (ii) any offense set forth in clause (iv) of
the definition of barrier crime in §19.2-392.02 (a) in the five years prior to
the application date for employment or (b) if such person continues on
probation or parole or has failed to pay required court costs for such offense
set forth in clause (iv) of the definition of barrier crime in §19.2-392.02.
§37.2-506.1. Background checks required; adult substance abuse and mental health services.
A. As used in this section:
"Direct care position" means any position that includes responsibility for (i) treatment, case management, health, safety, development, or well-being of an adult receiving substance abuse or mental health services or (ii) immediately supervising a person in a position described in this definition.
"Hire for compensated employment" does not include (i) a promotion from one adult substance abuse or adult mental health treatment position to another such position within the same community services board or (ii) new employment in an adult substance abuse or adult mental health treatment position in another office or program of the same community services board if the person employed prior to July 1, 1999, had no convictions in the five years prior to the application date for employment. "Hire for compensated employment" includes (a) a promotion or transfer from an adult substance abuse treatment position to any mental health or developmental services direct care position within the same community services board or (b) new employment in any mental health or developmental services direct care position in another office or program of the same community services board for which the person has previously worked in an adult substance abuse treatment position.
"Peer recovery specialist" means any person who has completed a peer recovery specialist training course approved by the Department of Behavioral Health and Developmental Services.
B. Every community services board shall require (i) any
applicant who accepts employment in any direct care position with the community
services board and (ii) any person under contract to serve in a direct care
position on behalf of the community services board to submit to fingerprinting
and provide personal descriptive information to be forwarded through the
Central Criminal Records Exchange to the Federal Bureau of Investigation (FBI)
for the purpose of obtaining national criminal history record information
regarding the applicant. Except as otherwise provided in subsection C, D, E,
or F G, no community services board shall hire for compensated
employment, approve as a sponsored residential service provider, permit to
enter into a shared living arrangement with a person receiving medical
assistance services pursuant to a waiver, or permit any person under contract
to serve in a direct care position on behalf of the community services board
persons who have been convicted of (a) any offense set forth in clause (i),
(ii), or (iii) of the definition of barrier crime in §19.2-392.02 or (b) any
offense set forth in clause (iv) of the definition of barrier crime in §
19.2-392.02 (1) in the five years prior to the application date for employment,
the application date to be a sponsored residential service provider, or
entering into a shared living arrangement or (2) if such person continues on
probation or parole or has failed to pay required court costs for such offense
set forth in clause (iv) of the definition of barrier crime in §19.2-392.02.
The Central Criminal Records Exchange, upon receipt of an applicant's record or notification that no record exists, shall submit a report to the requesting executive director or personnel director of the community services board. If any applicant is denied employment because of information appearing on his criminal history record and the applicant disputes the information upon which the denial was based, the Central Criminal Records Exchange shall, upon written request, furnish to the applicant the procedures for obtaining a copy of the criminal history record from the FBI. The information provided to the executive director or personnel director of any community services board shall not be disseminated except as provided in this section.
C. Notwithstanding the provisions of subsection B, the community services board may hire for compensated employment or permit any person under contract to serve in a direct care position on behalf of the community services board or permit any person employed by a temporary agency that has entered into a contract with the community services board to provide direct care services on behalf of the community services board at an adult substance abuse or mental health treatment program a person who was convicted of any misdemeanor violation of §18.2-57 or any violation of §18.2-248, 18.2-250, or 18.2-258.1, except an offense pursuant to subsection H1 or H2 of § 18.2-248, provided that such conviction occurred more than four years prior to the application date for employment.
D. Notwithstanding the provisions of subsection B, the
community services board may hire for compensated employment or permit any
person under contract to serve in a direct care position on behalf of the
community services board or permit any person employed by a temporary agency
that has entered into a contract with the community services board to provide
direct care services on behalf of the community services board at adult
substance abuse or adult mental health treatment programs a person who was
convicted of any violation of §18.2-51.3; any misdemeanor violation of §
18.2-56 or, 18.2-56.1, subsection A of §18.2-57, or §
18.2-57.2; any violation of §18.2-60, 18.2-89, 18.2-92, or 18.2-94; any
misdemeanor violation of §18.2-282, 18.2-346, or 18.2-346.01; any offense set
forth in clause (iii) of the definition of barrier crime in §19.2-392.02,
except an offense pursuant to subsection H1 or H2 of §18.2-248; or any
substantially similar offense under the laws of another jurisdiction, if the
hiring community services board determines, based upon a screening assessment,
that the criminal behavior was substantially related to the applicant's
substance abuse or mental illness and that the person has been successfully
rehabilitated and is not a risk to individuals receiving services based on his
criminal history background and his substance abuse or mental illness history.
In addition, where the employment at an adult substance abuse treatment program
is as a peer recovery specialist, the community services board may hire any
person eligible under this subsection or who was convicted of any offense set
forth in clause (iv) of the definition of barrier crime in §19.2-392.02 if the
hiring community services board determines, based upon a screening assessment,
that the criminal behavior was substantially related to the person's substance
abuse or mental illness and that the person has been successfully rehabilitated
and is not a risk to individuals receiving services based on his criminal
history background and his substance abuse or mental illness history.
D. E. Notwithstanding the provisions of
subsection B, the community services board may hire for compensated employment
or permit any person under contract to serve in a direct care position on
behalf of the community services board or permit any person employed by a
temporary agency that has entered into a contract with the community services
board to provide direct care services on behalf of the community services board
at adult substance abuse treatment programs a person who has been convicted of
not more than one offense under subsection C of §18.2-57, or any substantially
similar offense under the laws of another jurisdiction, if (i) the person has
been granted a simple pardon if the offense was a felony committed in Virginia,
or the equivalent if the person was convicted under the laws of another
jurisdiction; (ii) more than 10 years have elapsed since the conviction; and
(iii) the hiring community services board determines, based upon a screening
assessment, that the criminal behavior was substantially related to the
applicant's substance abuse and that the person has been successfully
rehabilitated and is not a risk to individuals receiving services based on his
criminal history background and his substance abuse history.
E. F. The community services board and a
screening contractor designated by the Department shall screen applicants who
meet the criteria set forth in subsections C and D and E to
assess whether the applicants have been rehabilitated successfully and are not
a risk to individuals receiving services based on their criminal history
backgrounds and substance abuse or mental illness histories. To be eligible for
such screening, the applicant shall have completed all prison or jail terms,
shall not be under probation or parole supervision, shall have no pending
charges in any locality, shall have paid all fines, restitution, and court
costs for any prior convictions, and shall have been free of parole or
probation for at least five years for all convictions. In addition to any
supplementary information the community services board or screening contractor
may require or the applicant may wish to present, the applicant shall provide
to the screening contractor a statement from his most recent probation or
parole officer, if any, outlining his period of supervision and a copy of any
pre-sentencing or post-sentencing report in connection with the felony
conviction. The cost of this screening shall be paid by the applicant, unless
the board decides to pay the cost.
F. G. Notwithstanding the provisions of
subsection B, a community services board may (i) hire for compensated
employment or (ii) permit any person under contract to serve in a direct care
position on behalf of the community services board or permit any person
employed by a temporary agency that has entered into a contract with the
community services board to provide direct care services on behalf of the
community services board persons who have been convicted of not more than one
misdemeanor offense under § 18.2-57 or 18.2-57.2, or any substantially
similar offense under the laws of another jurisdiction, if 10 years have elapsed
following the conviction, unless the person committed the offense while
employed in a direct care position.
G. H. Community services boards also shall
require, as a condition of employment or permission for any person under
contract to serve in a direct care position on behalf of the community services
board, written consent and personal information necessary to obtain a search of
the registry of founded complaints of child abuse and neglect that is
maintained by the Department of Social Services pursuant to §63.2-1515.
H. I. The cost of obtaining the criminal history
record and search of the child abuse and neglect registry record shall be borne
by the applicant, unless the community services board decides to pay the cost.
I. J. Notwithstanding any other provision of
law, a community services board that provides services to individuals receiving
services under the state plan for medical assistance services or any waiver
thereto may disclose to the Department of Medical Assistance Services (i)
whether a criminal history background check has been completed for a person
described in subsection B for whom a criminal history background check is
required and (ii) whether the person described in subsection B is eligible for
employment.
J. K. Any person employed by a temporary agency
that has entered into a contract with a community services board and who will
serve in a direct care position on behalf of such community services board
shall undergo a background check that shall include:
1. A criminal history records check through the Central Criminal Records Exchange pursuant to §19.2-389; and
2. A search of the central registry maintained pursuant to § 63.2-1515 for any founded complaint of child abuse and neglect.
Except as otherwise provided in subsection C, D, E, or
F G, no community services board shall permit any person employed by
a temporary agency that has entered into a contract with the community services
board to provide direct care services on behalf of the community services board
if that person has been convicted of (i) any offense set forth in clause (i),
(ii), or (iii) of the definition of barrier crime in §19.2-392.02 or (ii) any
offense set forth in clause (iv) of the definition of barrier crime in §
19.2-392.02 (a) in the five years prior to the application date for employment,
the application date to be a sponsored residential service provider, or
entering into a shared living arrangement or (b) if such person continues on
probation or parole or has failed to pay required court costs for such offense
set forth in clause (iv) of the definition of barrier crime in §19.2-392.02.
