N.Y. Laws » CHAPTER Mental Hygiene / TITLE General Provisions / ARTICLE Regulation and Quality Control of Services For the Mentally Disabled
New York Consolidated Laws

N.Y. Mental Hygiene Law § 31.35 (2026)

Review of criminal history information concerning certain prospective employees

✓ current as of May 2026
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§ 31.35 Review of criminal history information concerning certain
          prospective employees.
  * (a) Every provider of services who contracts with or is approved or
otherwise authorized by the office of mental health to provide services,
except (1) a department facility, (2) a hospital as defined in article
twenty-eight of the public health law, or (3) a licensed professional
under title eight of the education law who does not have employees or
volunteers who will have regular and substantial unsupervised or
unrestricted physical contact with the clients of such provider, and
every applicant to be such a provider of services except (i) a
department facility, (ii) a hospital as defined in article twenty-eight
of the public health law, or (iii) a licensed professional under title
eight of the education law who does not have employees or volunteers who
will have regular and substantial unsupervised or unrestricted physical
contact with the clients of such provider, shall request that the
justice center for the protection of people with special needs check,
and upon such request such justice center shall request and shall be
authorized to receive from the division of criminal justice services
criminal history information, as such phrase is defined in paragraph (c)
of subdivision one of section eight hundred forty-five-b of the
executive law, concerning each prospective operator, employee or
volunteer of such provider who will have regular and substantial
unsupervised or unrestricted physical contact with the clients of such
provider. For purposes of this section, "operator" shall include any
natural person with an ownership interest in the provider of services.
  * NB Effective until November 3, 2023
  * (a) Every provider of services who contracts with or is approved or
otherwise authorized by the office of mental health to provide services,
except (1) a department facility, (2) a hospital as defined in article
twenty-eight of the public health law, or (3) a licensed professional
under title eight of the education law who does not have employees or
volunteers who will have regular and substantial unsupervised or
unrestricted physical contact with the clients of such provider, and
every applicant to be such a provider of services except (i) a
department facility, (ii) a hospital as defined in article twenty-eight
of the public health law, or (iii) a licensed professional under title
eight of the education law who does not have employees or volunteers who
will have regular and substantial unsupervised or unrestricted physical
contact with the clients of such provider, shall request that the
justice center for the protection of people with special needs check,
and upon such request such justice center shall request and shall be
authorized to receive from the division of criminal justice services
criminal history information, as such phrase is defined in paragraph (c)
of subdivision one of section eight hundred forty-five-b of the
executive law, concerning each prospective operator, employee or
volunteer of such provider who will have regular and substantial
unsupervised or unrestricted physical contact with the clients of such
provider. For purposes of this section, "operator" shall include any
natural person with an ownership interest in the provider of services.
Provided, however, an applicant to be a provider of services, or
provider of services approved or otherwise authorized, under article
thirty-six of this title shall comply with the requirements of
subdivision (a) of section 36.06 of such article to satisfy the
requirements of this section, and provided further that an applicant or
provider who complies with the requirements of subdivision (b) of
section 36.06 of such article, shall be deemed to have satisfied the
requirements of this section.
  * NB Effective November 3, 2023
  (b) Access to and the use of such information shall be governed by the
provisions of section eight hundred forty-five-b of the executive law.
Notes of Decisions
Cited in 4 cases, 1974–2011 · leading case: State v. Myron P., 86 A.D.3d 26 (N.Y. App. Div. 2011).
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State v. Myron P., 86 A.D.3d 26 (N.Y. App. Div. 2011). “That procedure continued until the enactment of Mental Hygiene Law former article 31 in 1972 (see L 1972, ch 251, § 2, Mental Hygiene Law § 31.35). While respondents had the right to a jury trial to determine “the fact of lunacy” prior to 1894 (see L 1874, ch 446, Title First,…”
David Hollis v. Harold J. Smith, Superintendent, Attica Corr. Facility, Respondent, 571 F.2d 685 (2d Cir. 1978). “The Court said also “that the Fifth Amendment * * * applies only when the accused is compelled to make a testimonial communication that is incriminating.”
SLS Residential, Inc. v. New York State Off. of Mental Health, 67 A.D.3d 813 (N.Y. App. Div. 2009). “In addition, the record demonstrates that the petitioners did not have a viable incident management program, in violation of 14 NYCRR part 524, and failed to fingerprint several employees hired after April 1, 2005, in violation of Mental Hygiene Law § 31.35 (a) and 14 NYCRR 550.”
United States of Am. Ex Rel. Larry David Hayden v. John R. Zelker, Warden of Green Haven State Corr. Facility, Stormville, New York, 506 F.2d 1228 (2d Cir. 1974). “N.Y.Mental Hygiene Law § 31.35 (McKinney’s Consol.”
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