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Developed and maintained by the Division of Legislative Automated Systems.
1997 SESSION
974222485WHEREAS, there has been an increase in recent years in the use of volunteer and contract service providers in many areas previously reserved for state governmental agencies; and
WHEREAS, of special interest and concern to policy makers are those service providers working with children, the elderly, the mentally and physically incapacitated and challenged, and other citizens in need of specialized services; and
WHEREAS, Virginia law provides for criminal history background checks on some of these providers, but to varying degrees in terms of threshold crimes, breadth of record check on state or national level, length of time since crime or violation was committed, level of discretion used by the employing or appointing authority, and the possible complication of criminal record expungement; and
WHEREAS, there is a need to establish a clear policy for requiring criminal history record background checks for use in regulating, employing or appointing volunteer and contract service providers in various service positions throughout state government; now, therefore, be it
RESOLVED by the House of Delegates, the Senate concurring, That [ a joint
subcommittee be established to conduct a two-year study on the Virginia
State Crime Commission be directed to study ] criminal history records checks
on volunteer and contract service providers, with the goal of developing state
policy in this area. [ The joint subcommittee shall be composed of nine
members as follows: five members of the House of Delegates, to be appointed by
the Speaker of the House; and four members of the Senate, to be appointed by
the Senate Committee on Privileges and Elections.
The direct costs of this study shall not exceed $5,400.
The Division of Legislative Services shall provide staff support for the
study The Commission shall confer, in the course of its study, with the
relevant state agencies charged to administer policies and regulations
governing criminal history records checks of clients and volunteers. Such
agencies shall include, but not be limited to, the Department of Social
Services, Mental Health, Mental Retardation and Substance Abuse Services, and
the State Office of Volunteerism ] . All agencies of the Commonwealth shall
provide assistance to the [ Commission ] , upon request.
The [ joint subcommittee Commission ] shall complete its work in
time to submit its findings and recommendations to the Governor and the 1999
Session of the General Assembly as provided in the procedures of the Division
of Legislative Automated Systems for the processing of legislative documents.
Implementation of this resolution is subject to subsequent approval and certification by the Joint Rules Committee. The Committee may withhold expenditures or delay the period for the conduct of the study.