Provides relative to the creation of a volunteer and employee criminal history system. (1/1/19)
The enactment of SB 308 significantly impacts state laws governing background checks and liability for organizations involved in caring for high-risk populations. The law details the processes for how criminal history checks will be conducted, including the requirement for fingerprints to be submitted for national checks. Moreover, it stipulates that the responsibility for making a suitability determination lies solely with the qualified entities, thereby delegating substantial authority concerning public safety to these organizations. This decentralization could streamline the vetting process and ensure more thorough background assessments for potential volunteers and employees.
Senate Bill 308 establishes a framework for a volunteer and employee criminal history system in Louisiana, aimed at enhancing the vetting process for individuals seeking access to vulnerable populations, including children, the elderly, and persons with disabilities. The bill mandates that qualified entities, such as organizations providing care services, must register with the Louisiana Bureau of Criminal Identification and Information before requesting criminal history checks. The system allows these qualified entities to access state and national criminal history records to assess the suitability of individuals for providing care.
Overall, sentiment regarding SB 308 appears to be largely supportive among legislators, as indicated by the unanimous voting outcome of 36-0 in favor of the bill. Proponents argue that the legislation serves a vital public safety purpose by ensuring that individuals with potentially harmful criminal histories are not allowed access to vulnerable populations. There may be minimal contention surrounding the bill; however, clarity on how to implement such background checks effectively and protect individuals’ privacy rights could generate discussions as the bill is carried out in practice.
While SB 308 is designed to bolster public safety, concerns may arise regarding the confidentiality of the criminal history records and the potential for misuse of information. The bill emphasizes that qualified entities must maintain the confidentiality of the records obtained and establishes limitations on liability for failing to acquire information, which could raise questions about accountability and the adequacy of protections for individuals undergoing background checks. Stakeholders might debate the balance between thorough vetting and privacy rights, particularly as the law is implemented.