§ 4408.5

(a) The criminal history check required by this section is limited to a State Department of Developmental Services employee, prospective employee, contractor, subcontractor, and volunteer whose duties include, or would include, access to any of the following:

(1) The developmental center established by Section 7502, the facility described in paragraph (4) of subdivision (a) of Section 7505, or a program described in Section 4418.7.

(2) An individual receiving services at a developmental center, facility, or program, as they are described in paragraph (1), or a consumer receiving services from a regional center.

(3) Individuals who are being evaluated for placement at a developmental center, facility, or program, as they are described in paragraph (1).

(4) Medical information, as defined in Section 56.05 of the Civil Code.

(5) Criminal offender record information, as defined in Section 11075 of the Penal Code, including federal criminal history information obtained pursuant to subdivision (u) of Section 11105 of the Penal Code.

(b) The State Department of Developmental Services shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of an employee, prospective employee, contractor, subcontractor, and volunteer, specified in subdivision (a), in accordance with subdivision (u) of Section 11105 of the Penal Code.

(c) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

(d) It is the intent of the Legislature in enacting this section to authorize the department to receive both state- and federal-level information from the Department of Justice following submission of fingerprints for the purpose of performing background checks.

(Added by Stats. 2024, Ch. 997, Sec. 22. (AB 179) Effective September 30, 2024.)