SF3238

Purpose of the Bill

This bill aims to modify the process by which certain individuals can have their disqualifications set aside, particularly focusing on those involved in substance use disorder treatment and individuals disqualified from certain positions due to past offenses. It allows the chief judge of the Office of Administrative Hearings to have a role in reconsidering and potentially setting aside these disqualifications under specific conditions.

Main Provisions

• Risk of Harm Assessment: The commissioner or the chief judge can set aside a disqualification if it's determined that the individual does not pose a risk of harm to individuals served.
• Factors for Reconsideration: Several factors must be considered in these cases, such as the nature of the disqualifying event, the time elapsed since the event, rehabilitation efforts, and maintaining family relationships in child foster care scenarios.
• Employment in Substance Use Disorder Field: Allows for disqualification set-asides for individuals seeking employment in this field if they meet certain criteria, such as not being disqualified for certain violent offenses, maintaining sobriety, and completing relevant treatment.
• Scope of Set-Aside Decisions: If a disqualification is set aside for one program, it may be extended to other related programs unless new disqualifying information emerges.
• Permanent Disqualification Rules: Adjustments are made to allow for potential set-asides in specific circumstances, such as for non-violent offenses from long ago, or if the individual's record has been expunged or pardoned.

Significant Changes to Existing Law

• The bill permits the chief judge of the Office of Administrative Hearings to set aside permanent disqualifications that were previously non-negotiable.
• Introduces a process for setting aside disqualifications related to substance use disorder treatment fields more consistently.
• Expands circumstances under which individuals can have disqualifications set aside, including for crimes no longer resulting in conviction or if sufficient time has passed since the sentence was served.

Relevant Terms

• Disqualification
• Substance use disorder
• Set aside
• Chief judge
• Rehabilitation
• Risk of harm
• Background study