Background checks: volunteers.
The bill is designed to enhance the safety of vulnerable groups by allowing human resource agencies to request records on criminal convictions or pending adjudications for prospective volunteers. Notably, it alleviates financial burdens by exempting certain organizations, specifically nonprofit entities that handle volunteer information for community-based organizations, from fees associated with background checks. This revision is expected to promote greater volunteerism by decreasing some barriers to entry for those seeking to engage in volunteer work with vulnerable populations.
Assembly Bill No. 1238, introduced by Assembly Member Kiley, amends Section 11105.3 of the Penal Code to streamline the process of conducting background checks for volunteers, particularly those engaged with vulnerable populations such as children, the elderly, and individuals with mental impairments. This legislation aims to expand the definition of 'human resource agency' to include entities that track volunteer information related to community-based organizations, thereby facilitating easier access to pertinent criminal history records from the Department of Justice.
One point of contention regarding AB 1238 involves concerns about the balance between safety and privacy. While the bill intends to safeguard children and other vulnerable individuals by ensuring that volunteers undergo necessary background checks, critics may argue that the expansive definition of human resource agencies and the subsequent access to personal criminal histories could infringe on individual rights. Furthermore, there may be discussions about the adequacy of the safeguards placed on the confidentiality of the information obtained through these background checks.