Section 8. Testing of certain applicants for employment

1. Any applicant
  for employment with the department as a correction officer at a facility
  of the department, shall be tested in accordance with  the  requirements
  of this section.
    2.  The  department  is hereby authorized to conduct, or to enter into
  agreements necessary for conducting tests for psychological screening of
  applicants covered by this section. Any such tests shall consist  of  at
  least  three  independent  psychological  instruments and shall meet the
  level of  the  art  for  psychological  instruments  to  be  used  in  a
  validation  study  developed  for  selection  of  such  applicants. Such
  psychological instruments shall be used  in  testing  and  selection  of
  applicants for positions referred to in subdivision one of this section.
  Persons  who  have  been determined by a psychologist licensed under the
  laws of this  state  as  suffering  from  psychotic  disorders,  serious
  character  disorders,  or other disorders which could hinder performance
  on the job may be deemed ineligible for appointment; provided,  however,
  that  other  components  of  the employee selection process may be taken
  into consideration  in  reaching  the  determination  as  to  whether  a
  candidate  is  deemed eligible or ineligible for certification to a list
  of eligible candidates. The department's testing program shall include a
  component consisting of  criteria  related  validity  studies  or  other
  validity  studies  acceptable under relevant federal law governing equal
  employment.
    3. The commissioner or his designee shall advise those candidates  who
  have  been  deemed  ineligible  for  appointment  through  psychological
  screening and shall notify such persons of their right to  appeal  their
  disqualification. A person so deemed may apply to the commissioner for a
  review  of  the findings within thirty days of the date of notification.
  The commissioner shall refer the matter to an independent advisory board
  to  review  any  recommendation.  A  copy  of   the   advisory   board's
  recommendations  shall  be  promptly forwarded to the parties and to the
  commissioner. If the advisory board's recommendation is rejected by  the
  commissioner,  wholly  or  in  part,  the  commissioner  shall state his
  reasons for such rejection in writing.
    4. The advisory board shall consist of  three  members  who  shall  be
  selected   by  the  president  of  the  civil  service  commission.  The
  membership of  the  board  shall  consist  of:  A  psychologist,  and  a
  psychiatrist,  both  of  whom  shall  be licensed under the laws of this
  state, and  a  third  member  who  shall  be  a  representative  of  the
  department  of  civil  service.  The  department  of civil service shall
  maintain a list of alternate board members  comprised  of  psychologists
  and   psychiatrists,   licensed  under  the  laws  of  this  state,  and
  representatives  nominated  by  the  president  of  the  civil   service
  commission,  who  shall  sit  on  the  advisory  board  in  the  event a
  designated member is unable to serve, provided however at all times  the
  advisory board must be comprised of a psychiatrist, a psychologist and a
  representative  of  the department of civil service. Each of the members
  of the advisory board and their alternates so selected  shall  serve  at
  the  pleasure  of the president of the civil service commission. Each of
  the members and alternates so selected shall be reimbursed for  services
  and  actual  costs at a per diem rate not to exceed nine hundred dollars
  for the psychiatrist, seven hundred dollars for the psychologist and six
  hundred dollars for the representative of the civil service  department;
  provided,  however,  that  if any member of or alternate to the advisory
  board is an employee of the state of New York, then such  representative
  shall only receive reimbursement for actual costs incurred.
    5.  The  commissioner  or  his designee shall advise the department of
  civil service of those persons  who  have  been  determined  under  this

  section  as  being  eligible  for  appointment from any list of eligible
  candidates.
    6.  Notwithstanding  any  other  provision  of law, the results of the
  tests administered pursuant to this section shall be used solely for the
  qualification of a candidate for correction officer and  the  validation
  of  the  psychological instruments utilized. For all other purposes, the
  results of the examination shall be confidential and the records  sealed
  by  the department of correctional services, and not be available to any
  other agency or person except by authorization of the applicant or, upon
  written notice by order of a court of this state or the United States.
    7. Prior to  March  first  of  each  year,  the  commissioner  of  the
  department  of  correctional  services  will  report  to  the  governor,
  president of the senate and speaker of the assembly on  the  conduct  of
  the  psychological  testing  program  and the results of such program in
  improving the quality of correction officer candidates.
    * NB Expires September 1, 2011