SECTIONS 15660 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 15660

15660. (a) The Department of Justice shall secure any criminal
record of a person to determine whether the person has ever been
convicted of a violation or attempted violation of Section 243.4 of
the Penal Code, a sex offense against a minor, or of any felony that
requires registration pursuant to Section 290 of the Penal Code, or
whether the person has been convicted or incarcerated within the last
10 years as the result of committing a violation or attempted
violation of Section 273a or 273d, or subdivision (a) or (b) of
Section 368, of the Penal Code, or as the result of committing a
theft, robbery, burglary, or any felony, and shall provide a
subsequent arrest notification pursuant to Section 11105.2 of the
Penal Code, if both of the following conditions are met:
(1) An employer of the person requests the determination and
submits fingerprints of the person to the Department of Justice. For
purposes of this paragraph, "employer" includes, but is not limited
to, an in-home supportive services recipient, as defined by Section
12302.2, an aged or disabled adult who is ineligible for benefits
under Chapter 3 (commencing with Section 12000), who receives care by
a person as described in paragraph (2), any recipient of personal
care services under the Medi-Cal program pursuant to Sections
14132.95 to 14132.97, inclusive, and any public authority or
nonprofit consortium, as described in subdivision (a) of Section
12301.6.
(2) The person is unlicensed and provides nonmedical domestic or
personal care to an aged or disabled adult in the adult's own home.
(b) (1) If it is found that the person has ever been convicted of
a violation or attempted violation of Section 243.4 of the Penal
Code, a sex offense against a minor, or of any felony which requires
registration pursuant to Section 290 of the Penal Code, or that the
person has been convicted or incarcerated within the last 10 years as
the result of committing a violation or attempted violation of
Section 273a or 273d, or subdivision (a) or (b) of Section 368, of
the Penal Code, or as the result of committing a theft, robbery,
burglary, or any felony, the Department of Justice shall notify the
employer of that fact. If no criminal record information has been
recorded, the Department of Justice shall provide the employer with a
statement of that fact.
(2) Any employer may deny employment to any person who is the
subject of a report under paragraph (1) when the report indicates
that the person has committed any of the crimes identified in
paragraph (1).
(3) Nothing in this section shall be construed to require any
employer to hire any person who is the subject of a report under
paragraph (1) when the report indicates that the person has not
committed any of the crimes indicated in paragraph (1).
(c) (1) Fingerprints shall be on a card provided by the Department
of Justice for the purpose of obtaining a set of fingerprints. The
employer shall submit the fingerprints to the Department of Justice.
Within 30 calendar days of the receipt of the fingerprints, the
Department of Justice shall notify the employer of the criminal
record information, as provided in this subdivision. If no criminal
record information has been recorded, the Department of Justice shall
provide the employer with a statement of that fact as soon as
possible, but not later than 30 calendar days from the date of
receipt of the fingerprints. If new fingerprints are required for
processing, the Department of Justice shall, as soon as possible, but
not later than 30 calendar days from the date of receipt of the
fingerprints, notify the employer that the fingerprints were
illegible.
(2) Fingerprints may be taken by any local law enforcement officer
or agency for purposes of paragraph (1).
(3) Counties shall notify any recipient of, or applicant for,
in-home supportive services or personal care services under the
Medi-Cal program, upon his or her application for in-home supportive
services or personal care services or during his or her annual
redetermination, or upon the recipient's changing providers, that a
criminal record check is available, and that the check can be
performed by the Department of Justice.
(d) (1) The Department of Justice shall charge a fee to the
employer to cover the costs of administering this section.
(2) (A) If the employer is an in-home supportive services
recipient, as defined in Section 123202.2, a recipient of personal
care services under the Medi-Cal program pursuant to Sections
14132.95 to 14132.97, inclusive, or any public authority or nonprofit
consortium as described in subdivision (a) of Section 12301.6, the
fee shall be shared by the county and the state in the same ratio as
described in Section 12306.
(B) (i) Notwithstanding any other provision of law, and except as
provided in clause (ii), the department shall, no later than January
1, 2009, implement subparagraph (A) through an all-county letter from
the director.
(ii) No later than July 1, 2009, the department shall adopt
regulations to implement the provisions listed in subparagraph (A).
(e) It is the intent of the Legislature that the Department of
Justice charge a fee to cover its cost in providing services in
accordance with this section to comply with the 30-calendar-day
requirement for provision to the department of the criminal record
information, as contained in subdivision (c).