FIRST REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES CORCORAN (Sponsor), SPRENG AND SCHIEFFER (Co-sponsors).
2322L.02I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 198, RSMo, by adding thereto one new section relating to background checks for long-term care residents.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 198, RSMo, is amended by adding thereto one new section, to be known as section 198.084, to read as follows:
198.084. 1. Every long-term care facility licensed under this chapter shall, within twenty-four hours after admission, request a criminal history background check for all persons eighteen years of age or older seeking admission to the facility. The facility shall initiate a fingerprint-based background check, unless such background check is waived by the department of health and senior services based on verification by the facility that the resident is completely immobile or that the resident meets other criteria related to the resident's health or lack of potential risk which may be established by department rule. A waiver issued under this section shall be valid only while the resident is immobile or while the criteria supporting the waiver exists.
2. By January 1, 2010, every long-term care facility licensed in this state shall request a criminal history background check for all persons who are residents of a long-term care facility on the effective date of this section, unless such background check is waived by the department of health and senior services based on verification by the facility that the resident is completely immobile or that the resident meets other criteria related to the resident's health or lack of potential risk which may be established by department rule. A waiver issued under this section shall be valid only while the resident is immobile or while the criteria supporting the waiver exists.
3. Each facility shall provide for or arrange for any fingerprint-based background checks required under this section to be taken on the premises of the facility. The costs associated with such background checks shall be paid for by the resident. If a fingerprint-based background check is required, the facility shall arrange for such check to be conducted in a manner that is respectful of the resident's dignity and that minimizes any emotional or physical hardship to the resident.
4. For any fingerprint-based background check required under this section, the facility shall obtain two sets of fingerprints from the resident. One set of fingerprints shall be used by the highway patrol to search the criminal history repository and the second set shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files.
5. If the results of a resident's criminal history background check reveal that the resident is a sexual offender, the facility shall immediately electronically forward the resident's name and criminal history information to the department of health and senior services. The department shall keep a continuing record of all residents determined to be sexual offenders and shall report the number of sexual offender residents annually to the general assembly.
6. (1) Upon receipt of a report from a facility under subsection 5 of this section, the department shall immediately commence a criminal history analysis, which shall be completed as soon as practicable, but not later than fourteen days after receiving a report.
(2) The criminal history analysis shall include, but not be limited to, all of the following:
(a) Consultation with the sexual offender's assigned parole or probation officer, if applicable;
(b) Consultation with the relevant prosecuting attorney's office;
(c) A review of the statement of facts, police reports, and victim impact statements, if available;
(d) An interview with the sexual offender;
(e) Consultation with the facility administrator or medical director, or both, regarding the physical condition of the sexual offender;
(f) Consideration of the entire criminal history of the sexual offender, including the date of the sexual offender's last conviction relative to the date of admission to a long-term care facility; and
(g) If the resident is a registered sexual offender, a review of any and all sexual offender evaluations shall be conducted on such sexual offender. If there is no sexual offender evaluation available, the department shall provide for a sexual offender evaluation to be conducted on the resident. If the registered sexual offender is under supervision by the department of corrections or a county probation department, the sexual offender evaluation shall be arranged by and at the expense of the supervising agency.
(3) The department shall prepare a criminal history analysis report based on the analysis conducted under subdivision (2) of this subsection. The report shall include a summary of the risk analysis and shall detail whether and to what extent the resident's criminal history necessitates the implementation of security measures within the long-term care facility. If the resident is a registered sexual offender or if the department's criminal history analysis reveals that the resident poses a significant risk of harm to others within the facility, the resident shall be required to have his or her own room within the facility.
(4) The department's criminal history analysis report shall promptly be provided to the following:
(a) The long-term care facility within which the sexual offender resides;
(b) The chief of police of the municipality in which the facility is located; and
(c) The state ombudsman for long-term care residents.
(5) If, based on the criminal history analysis report, a facility determines that the facility cannot manage the sexual offender resident safely within the facility, the facility shall take appropriate actions to transfer or discharge the sexual offender resident.
(6) Except for willful and wanton misconduct, any person authorized to participate in the development of a criminal history analysis or criminal history analysis report is immune from criminal or civil liability for any acts or omissions as the result of his or her good faith effort to comply with this section.
7. Every facility shall provide to every prospective and current resident and such resident's guardian, and to every facility employee, a written notice, prescribed by the department, advising the resident, guardian, or employee of his or her right to ask whether any residents of the facility are sexual offenders. The notice shall also be prominently posted within every licenced facility. The notice shall include a statement that information regarding registered sexual offenders may be obtained from the Missouri state highway patrol web site and that information regarding persons serving terms of parole or mandatory supervised release may be obtained from the Missouri department of corrections web site.
8. The department may promulgate rules that are necessary to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2009, shall be invalid and void.
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