10873. (a) (1) The managing entity shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice of all employees, prospective employees, contractors, subcontractors, and volunteers whose duties include or would include access to nonanonymized confidential information, personally identifiable information, personal health information, or financial information contained in the information systems and devices of the managing entity provided by the data providers for the purposes of creating longitudinal datasets in service of the data system. This information shall be submitted for purposes of obtaining information as to the existence and content of a record of state or federal convictions and also information as to the existence and content of a record of state or federal arrests for which the Department of Justice establishes that the person is free on bail or on their recognizance pending trial or appeal.
(2) The managing entity shall require a services contract, interagency agreement, or public entity agreement that includes or would include access to information described in paragraph (1), and entered into, renewed, or amended on or after July 1, 2021, to include a provision requiring the contractor to agree to criminal background checks on its employees, contractors, agents, or subcontractors who will have access to information described in paragraph (1) as part of their services contract, interagency agreement, or public entity agreement with the managing entity.
(b) The Department of Justice shall forward to the Federal Bureau of Investigation requests for federal summary criminal history information received pursuant to paragraph (1) of subdivision (a). The Department of Justice shall review the information returned from the Federal Bureau of Investigation and compile and disseminate a response to the managing entity.
(c) The Department of Justice shall provide a state or federal level response to the managing entity pursuant to subdivision (p) of Section 11105 of the Penal Code.
(d) The managing entity shall request from the Department of Justice subsequent notification service, as provided pursuant to Section 11105.2 of the Penal Code, for persons listed in paragraph (1) of subdivision (a).
(e) The Department of Justice shall charge a fee sufficient to cover the cost of processing requests pursuant to this section.
(Amended by Stats. 2022, Ch. 571, Sec. 12. (AB 185) Effective September 27, 2022.)
Structure California Code