BILL ANALYSIS Ó
AB 2538
Page 1
Date of Hearing: May 9, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2538 (John A. Perez) - As Introduced: February 24, 2012
Policy Committee: Human
ServicesVote:6 - 0
Urgency: Yes State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill authorizes In-Home Supportive Services (IHSS) public
authorities to provide the Department of Social Services (DSS)
with copies of the criminal offender record information (CORI)
search response pertaining to individuals applying for a general
exception to the criminal exclusions applicable to IHSS provider
applicants.
FISCAL EFFECT
There are no significant costs associated with this legislation.
COMMENTS
1)Rationale . The intent of this legislation is to enact a
technical and clarifying revision to current law to ensure
that the employee background check process can be completed.
It would permit public authorities, as well as county welfare
departments, to share the CORI search response with DSS when a
provider applicant has requested a general exception.
2)Background . The 2009 IHSS budget trailer bill, ABX4 19
(Evans), Chapter 17, Statutes of 2009 4th Extraordinary
Session, included provisions intended to prevent fraud, and
enhance the integrity of the IHSS program. As a condition of
being placed or maintained on a county's IHSS provider
registry, ABX4 19 required criminal background checks to be
completed for all prospective IHSS providers as of October 1,
2009, and to be completed by July 2, 2010 for anyone already a
provider on October 1, 2009.
AB 2538
Page 2
The 2010 human services budget trailer bill, AB 1612
(Committee on Budget), Chapter 725, Statutes of 2010, provided
for the exclusion, with certain exceptions, of provider
applicants for 10 years following a conviction for a violent
or serious felony, as defined in the Penal Code, and other
specified felony offenses. These exclusions, for what are
referred to as "Tier 2" offenses, apply prospectively, to new
provider applicants, beginning 90 days following the effective
date of AB 1612. Thus, prospective IHSS home care workers are
required to complete an application process which includes a
criminal background check conducted by the Department of
Justice (DOJ). The results of that background check - the
CORI - are confidential unless statute permits sharing of the
results.
With respect to the added, Tier 2, exclusions, AB 1612
provided that a recipient who wishes to employ a provider
applicant who has been convicted of such an offense may seek
from the county an individual waiver of the exclusion. The
waiver form must be signed by the recipient or by the
recipient's authorized representative. In signing a waiver,
the individual agrees that he or she accepts the
responsibility for this decision and the risk of any potential
actions that may occur as a result of this decision.
3)Related Legislation . AB 1714 (Halderman) adds felony forgery,
felony embezzlement, felony extortion and felony identify
theft to the list of Tier 2 offenses that require a waiver. AB
1714 is currently on the Assembly Third Reading file.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081