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2011 SESSION

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HB 1729 Criminal background checks; DBHDS to use for employment of certain persons.

Introduced by: Charles W. Carrico, Sr. | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED HOUSE:

Background checks; providers licensed by DBHDS.  Allows community services boards and providers licensed by the Department of Behavioral Health and Developmental Services to hire for compensation a person who has been convicted of not more than one offense of assault and battery of a law-enforcement officer under § 18.2-57, or an equivalent offense in another if (i) the person has been granted a simple pardon if the offense was a felony committed in Virginia, or the equivalent if the offense was committed in another state; (ii) more than 10 years have elapsed since the conviction; and (iii) the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant's substance abuse and that the person has been successfully rehabilitated and is not a risk to consumers based on his criminal history background and his substance abuse history, notwithstanding the statutory prohibition on employment of a person otherwise convicted of assault and battery.

SUMMARY AS INTRODUCED:

Background checks; providers licensed by DBHDS.  Allows a provider licensed by the Department of Behavioral Health and Developmental Services to hire for compensation a person who has been convicted of not more than one offense of assault and battery of a law-enforcement officer under § 18.2-57, or an equivalent offense in another state when the person has been pardoned for the offense in that state, if (i) more than 10 years have elapsed since the conviction and (ii) the hiring provider determines, based upon a screening assessment, that the criminal behavior was substantially related to the applicant's substance abuse and that the person has been successfully rehabilitated and is not a risk to consumers based on his criminal background check and his substance abuse history, notwithstanding the statutory prohibition on employment of a person otherwise convicted of assault and battery.