(1) Existing law requires a fingerprint-based criminal history information check that is required pursuant to any statute to be requested from the Department of Justice. When a government agency or other entity requests such a criminal history check for purposes of employment, licensing, or certification, existing law requires the Department of Justice to disseminate specified information in response to the request, including information regarding convictions and arrests for which the applicant is presently awaiting trial.

The California Constitution provides that the University of California constitutes a public trust administered by the Regents of the University of California, a corporation in the form of a board, with full powers of organization and government, subject to legislative control only for specified purposes, including, among others, as may be necessary to ensure the security of its funds.

This bill would expressly authorize the University of California to require background checks, to be completed by the Department of Justice as specified, during the final stages of the recruitment process for prospective staff employees, contractors, and volunteers.

(2) Existing law requires the Department of Justice to provide subsequent state or federal arrest or disposition notification to authorized entities to assist in, among other things, fulfilling employment, licensing, or certification duties. Existing law requires an entity, other than a law enforcement agency, as defined, to enter into a contract with the Department of Justice in order to receive notification of subsequent state or federal arrests or dispositions for licensing, employment, or certification purposes.

This bill would require the University of California to immediately notify the Department of Justice to terminate the notification for an individual who is no longer in a position that permits such notification. The bill would require the University of California to verify, at least every 6 months, that each individual whose notification has not been terminated remains in a position with the University of California. The bill would require the University of California to immediately inform the Department of Justice if it receives an arrest notification for an unknown individual or for an individual whose notification requests have been terminated.