Many states have created laws requiring nursing home employees to have criminal background checks but what about the residents? If you are taken to a nursing home in Illinois from a hospital, be prepared to undergo a criminal background check. A new bill passed by the state legislator will require background checks on residents.
The law came after reports of rapes and assaults in nursing homes committed by residents. The bill is awaiting Gov. Pat Quinn’s signature.
http://www.google.com/hostednews/ap/article/ALeqM5hKmXvFcji0BWNjFsnozCICvyoMJAD9FI9IO81
Many states have laws about juvenile sexually offenders but they can differ greatly. In some states, a 16 year old can be on the sex offender registry but other states will omit a minor if he or she had sex with another minor. Criminal justice experts say this disparity can be confusing.
Juveniles convicted of a serious sex crime are required to register with police in 21 states. In 19 other states, only those convicted as an adult are required to register. The laws are different in the other nine states.
Some say the embarrassment of being on the registry could lead juveniles to reoffend. It’s not known how many of the 686,000 registered sex offenders in the United States committed their crimes when they were juveniles.
http://www.google.com/hostednews/ap/article/ALeqM5gQWhi_2Em9YkBN_JY_JvMaSv7lpgD9FH6LF81
Defense attorneys in San Francisco are wondering why they were not told about the criminal backgrounds of police officers who testified in court. The omission of these criminal background checks could put some cases in jeopardy on appeal.
According to the San Francisco Chronicle, more than 80 officers have criminal histories or misconduct records that were not revealed. The prosecutors should have told the defense attorneys according to state law.
A spokesman for the district attorney’s office in San Francisco has not commented other than to say they are still compiling the numbers. The public defender said he office had not been notified about the problem.
http://cbs5.com/crime/sfpd.misconduct.disclosure.2.1673964.html
A Wisconsin man is suing the state’s Department of Justice after his background check alleged he had been convicted of several crimes. In fact, Dennis Teague has a clean criminal record. A man used Teague’s name as an alias and racked up a long list of arrests.
In his lawsuit, Teague is asking that the Department of Justice stop giving the reports to landlords and potential employers. Those reports can be ordered for $18 from the department.
Teague says in his lawsuit the department violates state law because it does not verify the information it collects. He also claims the procedure is unconstitutional. He is seeking an injunction stopping the practice but does not specify the amount of damages he is seeking. A spokesman for the department said the procedure is done according to state law.
http://www.jsonline.com/news/wisconsin/92477974.html
As in many states, Florida officials have been concerned about the lack of criminal background checks performed on caregivers at day care centers and nursing homes. Last week the state senate passed a bill that would require caregivers to pass a background check before working.
Under the existing law, some applicants were allowed to work before they were cleared. It was only after the checks that some criminal histories were discovered.
Gov. Charlie Crist has praised the legislation. He is expected to sign it into law.
http://www.miamiherald.com/2010/04/29/1604716/crist-gets-bill-on-fla-caregiver.html#ixzz0maZlofqJ
Mower County Texas is now conducting criminal background checks on all employees, not just the ones employed by the sheriff’s office. The county commission enacted the plan in light of a new hire for a social worker. Officials said the county needs to know who they are hiring.
Most of the background checks will be done on new hires in sensitive areas, such as those who deal with the public. Officials may even conduct background checks on those who are being promoted.
Decisions will be based on the job and the type of crime. Minor crimes will not likely affect a hiring decision.
http://www.austindailyherald.com/news/2010/apr/28/county-conduct-background-checks-more-applicants/
The national sex offender registry has been criticized for not doing enough to keep families safe. Some say knowing where a sex offender lives does not keep them from offending again and many try to keep them out of their communities.
Three Utah communities are making it a bit more expensive for convicted sex offenders to move into their neighborhoods. The cities of South Ogden, Roy and Riverdale are charging offenders $25 a year to ensure vehicles and residences are on the registry. That fee is in addition to fees charged by the state.
http://www.abc4.com/content/news/top%20stories/story/Extra-fee-for-sex-offenders/XkPk5YRBsUaR42NHCogPjg.cspx
Officials in Innovation Park Florida are upset after learning that their office manager is a convicted thief. The conviction was missed in a criminal background check but was discovered during an audit that included a records check.
Shanna Lewis, the city’s office manager, was convicted in 2001 of grand theft. She was charged with stealing more than $100,000 from her previous employer. She spent six months in jail.
Innovation Park officials met to discuss the issue, saying it was a surprise. One official said it was incompetence that resulted in the oversight. It has been recommended that Lewis be placed on administrative leave with pay.
http://www.tallahassee.com/article/20100418/NEWS01/4180313/1010/County-worker-has-prior-conviction
April 22, 2010 – 10:27 pm
Teachers, job applicants and sex offenders are not the only ones who are undergoing criminal background checks. Companies that apply for a tax incentive in Michigan are also undergoing background checks, too.
The checks were initiated after a tax incentive was awarded to a person who had been convicted of embezzlement. The checks do not apply to publicly traded companies or those who have been in business for five years.
http://www.businessweek.com/ap/financialnews/D9F6UJFG1.htm
Georgia has some of the toughest sex offender laws in the nation but state senators are reworking the statutes after a serious of legal challenges. A bill that would relax restrictions on where sex offenders can live was passed by the Senate Judiciary Committee this week. The bill would also change the classification of sex offenders.
At the heart of the debate is a part of the bill that requires some offenders to register as sex offenders for offenses such as false imprisonment. The Georgia Supreme Court has upheld that provision but lawmakers have reexamined it. Judges have already tossed parts of the bill, including a provision that requires mandatory life sentences for sex offenders who fail to register twice.
However, the bill does add gender neutrality in incest cases. Sen. Preston Smith, a Republican from Rome, added the clause that allows police to charge a man who rapes his son or a woman who rapes her daughter with rape, sodomy and incest.
The bill now goes before the full Senate.
http://www.ajc.com/news/georgia-politics-elections/reworking-of-sex-offender-477774.html
