An Act Requiring Long-term Care Facility Residents To Undergo A Criminal History And Sexual Offender Registry Search.
Impact
The implementation of SB01074 will alter the admission processes across all long-term care facilities in the state, as no resident can be admitted without a successful background check unless certain conditions are met. The bill is designed to protect vulnerable populations within these facilities, primarily elderly or disabled residents, from potential harm caused by individuals with disqualifying offenses, which could range from violent crimes to sexual offenses.
Summary
SB01074 mandates that all individuals applying for residency in long-term care facilities undergo comprehensive background checks, including criminal history and sexual offender registry searches. The law aims to enhance the safety and wellbeing of current residents by ensuring that new residents do not pose a risk based on previous offenses. Effective from July 1, 2023, the bill requires the Department of Public Health to establish a program to facilitate these background checks, which are to be performed on all prospective applicants beginning January 1, 2024.
Contention
Notably, the bill introduces provisions allowing individuals to request a waiver if they have a disqualifying offense. This waiver can be granted based on mitigating circumstances such as evidence of rehabilitation or inaccuracies in the background report. While these provisions aim to balance safety with rehabilitation efforts, there may be concerns from advocacy groups regarding the potential stigma faced by individuals with past offenses seeking care. Critics might argue that such stringent measures could further marginalize already vulnerable populations by limiting their access to necessary services and support.
An Act Concerning The Enticement Of A Minor To Commit A Crime, Searches Of A Motor Vehicle, The Psychiatric Security Review Board And Victims' Compensation.
An Act Concerning Revisions To Various Laws Concerning Ignition Interlock Devices, The Department Of Correction, Judicial Retirement Salaries And Criminal Law And Criminal Procedure.
An Act Establishing A Task Force To Study The Impact Of A Resident Who Appears In A Sex Offender Registry On The Environment Of A Long-term Care Facility And Of Such Registries On The Health Of A Person Who Appears In One.
Health and human services background study consideration of juvenile court records modified, disqualification periods modified, set aside allowed for disqualification based on conduct or convictions in individual's juvenile record, electronic background check reconsideration request process created, and money appropriated.
Health and human services background study consideration of juvenile court records; disqualification periods modification; set aside for disqualification based on conduct or convictions in an individuals court record allowance