2023 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, 2025