§ 16-2-18.1 - Criminal records review. - Rhode Island Statutes

SECTION 16-2-18.1

   § 16-2-18.1  Criminal records review.– (a) Any person seeking employment with a private school or public schooldepartment who has not previously been employed by a private school or publicschool department in Rhode Island during the past twelve (12) months shallundergo a national and state criminal background check to be initiated prior toor within one week of employment after receiving a conditional offer ofemployment; provided, however, that employees hired prior to August 1, 2001 andor who have been continuously employed by a public school department in RhodeIsland during the past twelve (12) months shall be exempted from therequirements of this section and § 16-2-18.2.

   (b) The applicant shall apply to the bureau of criminalidentification (BCI), department of attorney general, state police or localpolice department where they reside, for a national and state criminal recordscheck. Fingerprinting shall be required. Upon the discovery of anydisqualifying information, the bureau of criminal identification, state policeor local police department will inform the applicant in writing of the natureof the disqualifying information; and, without disclosing the nature of thedisqualifying information will notify the employer in writing thatdisqualifying information has been discovered.

   (c) An employee against whom disqualifying information hasbeen found may request that a copy of the criminal background report be sent tothe employer who shall make a judgment regarding the employment of the employee.

   (d) In those situations in which no disqualifying informationhas been found, the bureau of criminal identification, state police or localpolice department shall inform the applicant and the employer in writing ofthis fact.

   (e) For purposes of this section, "disqualifying information"means those offenses listed in § 23-17-37, and those offenses listed in§§ 11-37-8.1 and 11-37-8.3.

   (f) The employer shall maintain on file, subject toinspection by the department of elementary and secondary education, evidencethat criminal records checks have been initiated on all employees seekingemployment subsequent to July 13, 1998, and the results of the checks. Theapplicant shall be responsible for the costs of the national and state criminalrecords check.

   (g) At the conclusion of the criminal background checkrequired in this section, the attorney general, state police or local policedepartment shall promptly destroy the fingerprint record of the applicantobtained pursuant to this chapter.