NY Corr L § 8 (2021)
2021 New York Laws COR - Correction Article 2 - Department of Corrections and Community Supervision 8 - Testing of Certain Applicants for Employment.

* §  8. Testing of certain applicants for employment. 1. Any applicant   for employment with the department as a correction officer at a facility   of the department, shall be tested in accordance with  the  requirements   of this section.2.  The  department  is hereby authorized to conduct, or to enter into   agreements necessary for conducting tests for psychological screening of   applicants covered by this section. Any such tests shall consist  of  at   least  three  independent  psychological  instruments and shall meet the   level of  the  art  for  psychological  instruments  to  be  used  in  a   validation  study  developed  for  selection  of  such  applicants. Such   psychological instruments shall be used  in  testing  and  selection  of   applicants for positions referred to in subdivision one of this section.   Persons  who  have  been determined by a psychologist licensed under the   laws of this  state  as  suffering  from  psychotic  disorders,  serious   character  disorders,  or other disorders which could hinder performance   on the job may be deemed ineligible for appointment; provided,  however,   that  other  components  of  the employee selection process may be taken   into consideration  in  reaching  the  determination  as  to  whether  a   candidate  is  deemed eligible or ineligible for certification to a list   of eligible candidates. The department's testing program shall include a   component consisting of  criteria  related  validity  studies  or  other   validity  studies  acceptable under relevant federal law governing equal   employment.3. The  commissioner  or  his  or  her  designee  shall  advise  those   candidates  who  have  been  deemed  ineligible  for appointment through   psychological screening and shall notify such persons of their right  to   appeal  their  disqualification.  A  person  so  deemed may apply to the   commissioner for a review of the findings within thirty days of the date   of notification.    The  commissioner  shall  refer  the  matter  to  an   independent  advisory  board to review any recommendation. A copy of the   advisory board's recommendations shall  be  promptly  forwarded  to  the   parties  and to the commissioner. If the advisory board's recommendation   is rejected by the commissioner, wholly or  in  part,  the  commissioner   shall state his or her reasons for such rejection in writing.4.  The  advisory  board  shall  consist of three members who shall be   selected  by  the  president  of  the  civil  service  commission.   The   membership  of  the  board  shall  consist  of:  A  psychologist  and  a   psychiatrist, both of whom shall be licensed  under  the  laws  of  this   state,  and  a  third  member  who  shall  be  a  representative  of the   department of civil service.  The  department  of  civil  service  shall   maintain  a  list  of alternate board members comprised of psychologists   and  psychiatrists,  licensed  under  the  laws  of  this   state,   and   representatives   nominated  by  the  president  of  the  civil  service   commission, who  shall  sit  on  the  advisory  board  in  the  event  a   designated  member  is  unable  to serve, provided, however, that at all   times the  advisory  board  must  be  comprised  of  a  psychiatrist,  a   psychologist  and  a  representative of the department of civil service.   Each of the members of  the  advisory  board  and  their  alternates  so   selected  shall  serve  at  the  pleasure  of the president of the civil   service commission. Each of the members and alternates so selected shall   be reimbursed for services and actual costs at a per diem  rate  not  to   exceed  nine hundred dollars for the psychiatrist, seven hundred dollars   for the psychologist and six hundred dollars for the  representative  of   the  civil  service department; provided, however, that if any member of   or alternate to the advisory board is an employee of the  state  of  New   York,  then  such  representative  shall  only receive reimbursement for   actual costs incurred. 5. The commissioner or his or her designee shall advise the department   of civil service of those persons who have been  determined  under  this   section  as  being  eligible  for  appointment from any list of eligible   candidates.6.  Notwithstanding  any  other  provision  of law, the results of the   tests administered pursuant to this section shall be used solely for the   qualification of a candidate for correction officer and  the  validation   of  the  psychological instruments utilized. For all other purposes, the   results of the examination shall be confidential and the records  sealed   by  the  department of corrections and community supervision, and not be   available to any other agency or person except by authorization  of  the   applicant  or,  upon written notice by order of a court of this state or   the United States.7. Prior to  March  first  of  each  year,  the  commissioner  of  the   department  of  corrections and community supervision will report to the   governor, president of the senate and speaker of  the  assembly  on  the   conduct  of  the  psychological  testing program and the results of such   program in improving the quality of correction officer candidates.* NB Expires September 1, 2023