SENATE BILL NO. 3205

(Second Reprint)

 

 

To the Senate:

     Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Senate Bill No. 3205 (Second Reprint) with my recommendations for reconsideration.

This bill would institute several major reforms to the expungement law, which allows individuals convicted of certain crimes or offenses to petition the court to remove information about those convictions from their criminal records after the passage of a prescribed amount of time.  Some of the bill’s reforms generally expand the availability and applicability of criminal record expungement, while other provisions focus on criminal records related to specific marijuana or hashish possession, distribution, or drug paraphernalia crimes and offenses.

I applaud the sponsors for seeking to further enhance this critically important avenue for social justice.  A conviction for a minor, non-violent crime or offense should not have lifelong consequences.  Individuals who are convicted of crimes or offenses are punished within the criminal justice system and must serve the sentence imposed under the law.  They may be required to serve time in prison, be placed on probation or parole, or pay fines or restitution.  After paying their proverbial debt for their transgression, these individuals are ready to move on. 

In far too many cases, however, the fact of a criminal record serves to punish the individual well beyond the completion of the sentence imposed under the law.  A label is placed on them, that of “convicted offender,” and based on the mere fact of that criminal record they may be denied employment opportunities, housing, education, professional licensure, and other benefits generally available to other members of the public.  It is difficult enough, after having completed a sentence for a crime, to make one’s way forward, to return to society and find one’s footing, and to provide for oneself and one’s family, without having to overcome the additional obstacles and collateral consequences attendant to the fact of a prior conviction.

Record expungement provides an avenue of relief for those who have both completed their sentences and demonstrated their rehabilitation by maintaining a clean record over time.  I wholeheartedly share the sponsors’ commitment to this policy advancing social justice, and commend the vision and advocacy that spurred this reform legislation.

I believe, however, that this bill could go further in order to more fully and effectively achieve its intended goals.  Our neighbors in Pennsylvania recently enacted a “Clean Slate Law” to establish and implement an automated computerized process to remove information about certain criminal cases from that state’s public databases, including summary convictions and other nonviolent crimes that occurred more than ten years ago.  The Pennsylvania law shares the same purpose as the “Clean Slate expungement” provision that would be established under this bill, but has several key advantages.  Accordingly, I am suggesting a number of amendments to this bill that would begin the process of instituting a similar system here in New Jersey.

The bill on my desk would authorize individuals who maintain a clean record for ten years after completing their sentences to file a petition with the court to seek to expunge crimes and offenses from their criminal records.  Thus, only those individuals who actually apply for an expungement, meaning those who are aware of this potential remedy and have the wherewithal to navigate the legal process or afford an attorney to assist them, would be able to seek the relief afforded by the expungement process.  This method is not the most efficient means for clean slate expungement, nor will it deliver relief to all eligible individuals who need it.

To avoid this shortcoming, we should follow the lead of Pennsylvania and undertake the necessary steps to establish an automated, computerized expungement system that would allow people with multiple convictions for less serious, non-violent crimes who maintain a clean record for ten years to clear their criminal histories without having to hire a lawyer or wade through a paperwork-intensive process.  Our system is not set up to do this now, and undertaking this task will require buy-in and commitment from all three branches of government.  On behalf of the executive branch, that is a commitment I am more than willing to make. 

But establishing an automated expungement system will require us to study and analyze our current inter-connected and unconnected systems, the technology we have and the technology we need, the different sources and types of relevant data, and the cost and resources needed to create an automated system that can do the job effectively and efficiently.  For that we must bring together a task force of public officials whose agencies would be involved in the process and appointed individuals with expertise in technology, database management, programming, and criminal history records administration, who would be charged as a group with identifying, analyzing, and recommending solutions to any technological, fiscal, resource, and practical issues that may arise in the development and implementation of a computerized clean slate process.  With the experience and examples of Pennsylvania and other forward-thinking jurisdictions to draw from, New Jersey can and will do what is necessary to create a robust, dynamic automated clean slate expungement system, guided by the road map laid out by the task force.

However, while we work toward creating an automated clean slate expungement system, we should endeavor to provide individuals with access to more comprehensive expungement options in the interim.  Although the petition process is imperfect, individuals who have had clean records for a decade or more should not have to wait until automated expungement comes online for a fresh start.  They have waited long enough.  To that end, I am recommending that the clean slate petition process be available for the limited period between the bill’s effective date and the implementation of an automated clean slate expungement system. 

At the same time, I recognize that implementing the clean slate petition process as a stop-gap while simultaneously setting up an automated system will be resource-intensive.  To help support the Department of Law and Public Safety as it navigates these additional responsibilities, I am recommending a $15 million supplemental appropriation to help address the costs of hiring more employees to review and process the increased number of expungement petitions that are likely to result from interim clean slate expungement.  This appropriation is a necessary investment as we work toward creating a fairer and more restorative automated expungement system. 

The bill should also be improved in the way it deals with matters involving small amounts of marijuana and hashish.  Once again, I commend the sponsors for taking on the challenge of addressing this significant aspect of the larger social injustice emanating from the laws that have targeted lower-level possession and distribution of marijuana and hashish.

The bill would establish what it terms an “expedited expungement” process for certain minor marijuana, hashish and related paraphernalia convictions, permitting applications for expungement to be filed as soon as three years or, where there are compelling circumstances, eighteen months after completion of the sentence imposed.  It is manifest that these laws have had a disproportionate impact on our minority communities, and fairness demands an effective means to provide relief.  However, prioritizing these expungement petitions by providing a shorter time frame for filing will delay the processing of standard expungement petitions, with the effect of deferring that relief for those who qualify for, and could greatly benefit from, expungement of their criminal records.  That would not be a fair result for those individuals.  There is, however, a solution that will provide more immediate relief to those convicted of minor marijuana or hashish charges that will not have an undue impact on the processing of standard expungement petitions. 

The law should be amended to have the court issue a sealing order upon disposition of charges for possession or distribution of a small amount of marijuana or hashish or related drug paraphernalia, in the same manner that juvenile records are ordered sealed.  This will provide more immediate relief, on a prospective basis, without requiring the affected individuals to go through the petition filing process or necessarily impeding the processing of standard expungement petitions.

Among other technical changes, I also recommend incorporating amendments suggested by the Administrative Office of the Courts, which address certain technical and procedural issues identified by the Judicial Branch, which is responsible for conducting the expungement petition filing and hearing process.  I also recommend modifications proposed by the Treasurer designed to facilitate the collection of fines in response to changes in the bill that would shift that responsibility from the court to that agency.

Therefore, I herewith return Senate Bill No. 3205 (Second Reprint) and recommend that it be amended as follows:

Page 2, Title, Line 4:             After “law” insert “and making an appropriation”

 

Page 2, Section 1, Line 11:        After “extraction,” insert “sealing,”

 

Page 2, Section 2, Line 28:        After “any” insert “prior or”

 

Page 2, Section 2, Line 33:        After “any” insert “prior or”

 

Page 2, Section 2, Line 44:        After “any” insert “prior or”

 

Page 3, Section 2, Line 11:        After “any” insert “prior or”

 

Page 3, Section 2, Line 15:        Delete “to present” and insert “for”  

 

Page 4, Section 2, Line 17:        After “fine” insert “, fee, penalty, restitution or other court-imposed financial assessment”

 

Page 4, Section 2, Line 31:        After “(C.2C:52-23.1).” insert “The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment.”

 

Page 8, Section 2, Line 34:        Delete “prosecutor” and insert “applicant”

 

Page 8, Section 2, Line 35:        Delete “receipt” and insert “filing”

 

Page 8, Section 2, Line 35:        Delete “of the”

 

Page 8, Section 2, Line 36:        Delete in its entirety and insert “and provide the Board with a copy thereof.  The applicant shall also provide to the Court a certification attesting that the requirements of this subsection were satisfied.  Failure to satisfy the requirements of this subsection shall be grounds for denial of the expungement petition and, if applicable, administrative discipline by the Board.”

 

Page 8, Section 3, Line 46:        Delete “Superior Court” and insert “court”

 

Page 9, Section 3, Line 8:         Delete “Superior Court” and insert “court”

 

Page 9, Section 3, Line 15:        After “any” insert “prior or”

 

Page 9, Section 3, Line 25:        After “any” insert “prior or”

 

Page 9, Section 3, Line 37:        After “any” insert “prior or”

 

Page 12, Section 4, Line 36:       Delete “transmit to the Superior Court”

 

Page 12, Section 4, Line 37:       Delete “the necessary documentation”

 

Page 12, Section 4, Line 38:       Delete “pursuant to” and insert “follow”

 

Page 12, Section 4, Line 39:       Delete “Upon receipt of the documentation, the”

 

Page 12, Section 4, Lines 40-41:   Delete in their entirety

 

Page 13, Section 4, Line 3:        Delete “Superior Court” and insert “court”

 

Page 14, Section 5, Line 5:        Delete “expedited”

 

Page 14, Section 5, Line 6:        After “time” insert “, provided they have been released from incarceration, satisfactorily completed probation or parole, and satisfied payment of any fine, fee, penalty, restitution, or other court-ordered financial assessment at the time of application” 

 

Page 14, Section 5, Line 36:       After “N.J.S.2C:36-2.” insert “(d) If a fine, fee, restitution, penalty or other court-ordered financial assessment which is currently subject to collection is not yet satisfied due to reasons other than willful noncompliance, but the provisions of this paragraph are otherwise satisfied, the person may submit the expungement application and the court shall grant an expungement in accordance with this section, provided, however, that at the time the expungement is granted the court shall enter a civil judgment for the unpaid portion of the court-ordered financial assessment in the name of the Treasurer, State of New Jersey and transfer collection and disbursement responsibility to the State Treasurer for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52:23.1).  The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities.  Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment.”

 

Page 14, Section 5, Line 37:       Delete “Notwithstanding the requirement of N.J.S.2C:52-2 and”

 

Page 14, Section 5, Lines 38-48:   Delete in their entirety

 

Page 15, Section 5, Lines 1-23:    Delete in their entirety

 

Page 15, Section 5, Line 24:       Delete “(3)”

 

Page 15, Section 5, Line 34:       Delete “expedited”

 

Page 15, Section 5, Line 35:       Delete “Superior Court” and insert “court”

 

Page 15, Section 5, Line 48:       Delete “court-ordered financial”

 

Page 15, Section 5, Line 49:       Delete in its entirety and insert “fine in the name of the Treasurer, State of New Jersey and transfer collection and disbursement responsibility to the State Treasurer for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52:23.1).  The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities.  Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment.”

 

Page 16, Section 5, Line 4:        After “that the” insert “fine, fee, penalty, restitution, or other”

 

Page 16, Section 5, Lines 10-11:   Delete “satisfy the financial assessment” and insert “pay”

 

Page 16, Section 5, Line 12:       Delete “N.J.S.2C:52-7” and insert “N.J.S.2C:52-8”

 

Page 16, Section 5, Line 16:       Delete “expedited”

 

Page 16, Section 5, Line 20:       Delete “expedited”

 

Page 16, Section 5, Line 26:       Delete “expedited”

 

Page 16, Section 5, Line 33:       Delete “expedited”

 

Page 16, Section 6, Line 37-38:    Delete “In all cases, except as otherwise provided in this chapter, a” and insert “A”

 

Page 16, Section 6, Lines 40-41:   Delete “multiple crimes or a combination of”

 

Page 16, Section 6, Line 41:       After “crimes” delete “and” and insert “,”

 

Page 16, Section 6, Line 42:       Before “or” insert “offenses”

 

Page 16, Section 6, Line 43:       After “State” insert “, or any combination thereof, unless the person has a criminal conviction for a crime not enumerated in subsection a. of section 14 of P.L.    , c.   (C.   ) (pending before the Legislature as this bill) and which is not subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2.  The person may present an application pursuant to this section regardless of whether the person would otherwise be ineligible pursuant to subsection e. of N.J.S.2C:52-14 for having had a previous criminal conviction expunged, or due to having been granted an expungement pursuant to this or any other provision of law, provided that the ten-year time requirement set forth in subsection b. of this section has been satisfied”

 

Page 17, Section 6, Line 13:       After “fine” insert “, fee, penalty, restitution, or other court-imposed financial assessment”

 

Page 17, Section 6, Line 18:       Delete “the expungement application and” and insert “to”

 

Page 17, Section 6, Line 18:       Delete “may grant an”

 

Page 17, Section 6, Line 19:       Delete “expungement” and insert “an application for an order directing the expungement of the person’s convictions, and all records and information pertaining thereto, according to the automated process established pursuant to subsection a. of this section”

 

Page 17, Section 6, Line 20:       Delete “of the fine”

 

Page 17, Section 6, Line 24:       After “(C.2C:52:23.1).” insert “The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities.  Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment. 

 

d. No expungement applications may be filed pursuant to this section after the establishment of an automated process required pursuant to subsection a. of section 15 of P.L.    c.  (C.   )(pending before the Legislature as this bill).

 

Page 18, Section 8, Line 14:       Delete “a.  For any person who may be eligible for an” and insert “No later than twelve months after the effective date of P.L.   , c.      (C.    ) (pending before the Legislature as this bill), the Administrative Office of the Courts shall develop and maintain a system for petitioners to electronically file expungement petitions pursuant to N.J.S.2C:52-1 et seq.  The e-filing system shall be available Statewide and include electronic filing, electronic service of process, and electronic document management.

    

a.    The system shall, within 30

days of the person filing the application for expungement, electronically notify relevant law enforcement and criminal justice agencies, if applicable, pursuant to N.J.S.2C:52-10.

 

b.  The system shall electronically compile a listing of all possibly relevant Judiciary records for an expungement petitioner and transmit such information to the appropriate criminal justice parties subject to notice of the petition in accordance with N.J.S.2C:52-10.

 

                                  c. Upon receipt of the information from the court pursuant to subsections (1) and (2) of this section, the Superintendent of State Police, the Attorney General, and the county prosecutor of any county in which the person was convicted shall, within 60 days, review and confirm, as appropriate, the information against the Criminal Case History and notify the court of any inaccurate or incomplete data contained in the information or of any other basis for ineligibility, if applicable, pursuant to N.J.S.2C:52-14. 

 

                                  d. The court shall provide copies of an expungement order to the person who is the subject of the petition and electronically transmit the order to the previously noticed parties, or parties otherwise entitled to notice, in accordance with N.J.S.2C:52-15.”

 

Page 18, Section 8, Lines 15-40:   Delete in their entirety

 

Page 20, Section 10, Line 16:      After “fine,” insert “fee, penalty, restitution,”

 

Page 20, Section 10, Line 29:      After “(C.2C:52-23.1).” insert “The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities.  Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole authority to amend the amount of any restitution, fine or other court-ordered assessment that remains due at the time the court grants an expungement.”

 

Page 20, Section 11, Line 35:      Delete “by the”

 

Page 20, Section 11, Line 37:      Delete “State Treasurer to”

 

Page 20, Section 11, Line 38:      Delete “collect” and insert “to facilitate the State Treasurer’s collection of the”

 

Page 20, Section 11, Line 38:      After “fines” insert “, fees, penalties, restitution,”

 

Page 20, Section 11, Line 40:      After “such” insert “restitution, fines, fees, penalties, and other court-ordered”

 

Page 20, Section 11, Line 43:      Delete “of court-ordered financial obligations”

 

Page 23, Line 47:                 Insert new sections:

 

                                  “14. a. Unless otherwise provided by law, the court upon disposition of a case shall order the nondisclosure of the records of the court and probation services, and records of law enforcement agencies with respect to any arrest, conviction, or adjudication of delinquency, and any proceedings related thereto, for any case that solely includes the following convictions:

    

(1) any number of offenses which if committed by an adult would constitute, unlawful distribution of, or possessing or having under control with intent to distribute, marijuana or hashish in violation of paragraph (12) of subsection b. of N.J.S.2C:35-5, or a violation of that paragraph and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1) for distributing, or possessing or having under control with intent to distribute, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building;

    

(2) any number of offenses which if committed by an adult would constitute, obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (3) or (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10; or

 

                                  (3) a violation involving marijuana or hashish as described in paragraph (1) or (2) of this subsection and any number of offenses which if committed by an adult would constitute using or possessing with intent to use drug paraphernalia in violation of N.J.S.2C:36-2 if the drug paraphernalia appears to be for use, intended for use, or designed for use with marijuana or hashish, unless the owner or anyone in control of the object was in possession of one ounce or more of marijuana, five grams or more of hashish, or another illegal controlled dangerous substance or controlled substance analog, or the object was in proximity of one ounce or more of marijuana, five grams or more of hashish, or another illegally possessed controlled dangerous substance or controlled substance analog to indicate its use, intended use, or design for use with that controlled dangerous substance or controlled substance analog.

 

b.  Notice of the sealing order issued pursuant to subsection a. of this section shall be provided to:

 

(1)  The Attorney General or the county prosecutor handling the case; and

 

(2)  The State Police and any law enforcement agency having custody of the files and records. 

 

c.  Upon the entry of sealing order issued pursuant to subsection a. of this section, the proceedings in the case shall be sealed and all index references shall be marked “not available” or “no record” and law enforcement agencies shall reply and the person may reply to any inquiry that there is no record with respect to such person, except that such information shall be revealed by that person if seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability to the extent provided by law.

 

d.  Records subject to a sealing order issued pursuant to subsection a. of this section may be maintained for purposes of prior offender status, identification and law enforcement purposes, provided that such records shall not be considered whenever the Pretrial Services Program established by the Administrative Office of the Courts pursuant to section 11 of P.L.2014, c.31 (C.2A:162-25) conducts a risk assessment on an eligible defendant for the purpose of making recommendations to the court concerning an appropriation pretrial release decision in accordance with sections 1 through 11 of P.L.2014, c.31 (C.2A:162-15 et seq.) or used for sentencing purposes in any other case.

 

15.  (New section) Automated “clean slate” criminal conviction concealment process. a. The State shall develop and implement an automated process by which all convictions, and all records and information pertaining thereto, shall be rendered inaccessible to the public, through sealing, expungement or some equivalent process, for any person has been convicted of one or more crimes other than a crime not enumerated in subsection a. of section 14 of P.L.    , c.   (C.   ) (pending before the Legislature as this bill) and which is not subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2, one or more disorderly persons offenses or petty disorderly persons offenses under the laws of this State, or any combination thereof, upon the expiration of a period of ten years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.  The automated process shall be designed to restore a person’s convictions on the State Police Criminal History if the person is convicted of a subsequent crime not enumerated in subsection a. of section 14 of P.L.    , c.   (C.   ) (pending before the Legislature as this bill) and which is not subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2.  A prosecutor may submit the restored criminal history to the court for consideration at sentencing for the subsequent crime.

 

b.  The automated process established pursuant to subsection a. of this section shall, to the greatest extent practicable, be developed and implemented in accordance with the process, information and recommendations of the task force established pursuant to section 16 of P.L.    , c.    (pending before the Legislature as this bill).

 

c. Upon establishment of automated process required pursuant to subsection a. of this section, any clean slate expungement petitions filed pursuant to section 6 of P.L.    , c.    (C.   )(pending before the Legislature as this bill) pending at that time shall be rendered moot and shall be withdrawn or dismissed in accordance with procedures established by the Supreme Court.

 

16.  a. (1) There is established a task force for the purpose of examining, evaluating, and making recommendations regarding the development and implementation of an automated “clean slate” criminal history reset process by which all convictions, and all records and information pertaining thereto, shall be rendered inaccessible to the public for any person who has been convicted of one or more crimes other than a crime not enumerated in subsection a. of section 14 of P.L.    , c.   (C.   ) (pending before the Legislature as this bill) and which is not subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2, one or more disorderly persons or petty disorderly persons offenses, or any combination thereof, under the laws of this State upon the expiration of a period of ten years from the date of the person’s most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

 

                                  (2)  The task force shall consist of at least the following members:

 

                                  The Chief Technology Officer of the Office of Information Technology, or a designee or designees;

 

The Attorney General, or a designee or designees, including but not limited to members of the State Bureau of Identification and the Information Technology Bureau in the Division of State Police designated by the Superintendent of the State Police;

                                 

The Administrative Director of the Courts, or a designee or designees;

 

                                  The Director of Information Technology for the Administrative Office of the Courts, or a designee or designees;

 

                                  The Commissioner of the Department of Corrections, or a designee or designees;

 

                                  President of the New Jersey County Jail Wardens Association, or a designee or designees;

 

                                  President of the New Jersey State Association of Chiefs of Police, or a designee or designees;

 

Two members of the Senate, who shall each be of different political parties, appointed by the Governor upon the recommendation of the Senate President;

 

Two members of the Assembly, who shall each be of different political parties, appointed by the Governor upon the recommendation of the Assembly Speaker;

 

Two members of academic institutions or non-profit entities who have a background in, or special knowledge of, computer technology, database management, or recordkeeping processes; and

 

                                  Four members of the public appointed by the Governor who each have a background in, or special knowledge of, the technological, criminal record or legal processes of expungement, criminal history recordkeeping, of which two of whom shall be appointed by the Governor upon recommendation of the Senate President and two of whom shall be appointed by the Governor upon recommendation of the Speaker of the General Assembly.

 

                                  (3)  Appointments to the task force shall be made within 30 days of the effective date of this act.  Vacancies in the membership of the task force shall be filled in the same manner as the original appointments were made. 

    

(4)  Members of the task force shall serve without compensation, but shall be reimbursed for necessary expenditures incurred in the performance of their duties as members of the task force within the limits of funds appropriated or otherwise made available to the task force for its purposes.

     

(5)  The task force shall organize as soon as practicable, but no later than 30 days following the appointment of its members.  The task force shall choose a chairperson from among its members and shall appoint a secretary who need not be a member of the task force.

    

(6)  The Department of Law and Public Safety shall provide such stenographic, clerical, and other administrative assistants, and such professional staff as the task force requires to carry out its work.  The task force also shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission, or agency as it may require and as may be available for its purposes.

     

b.  It shall be the duty of the task force to identify, analyze and recommend solutions to any technological, fiscal, resource, and practical issues that may arise in the development and implementation of the “clean slate criminal history reset” required in accordance with section 6 of P.L.    , c.    (pending before the Legislature as this bill).  In carrying out this task, the task force shall to the extent feasible:

    

(1)  examine and evaluate the effectiveness of the design and implementation of clean slate limited access laws in Pennsylvania and California and other jurisdictions that have implemented similar programs, and consult with officials in those jurisdictions concerning their processes and any technological, fiscal, resource, and practical issues that they may have encountered, contemplated, or addressed in developing and implementing those systems; and

    

(2)  consult with non-profit computer programming organizations such as “Code for America” with expertise in assisting in the implementation of clean slate limited access programs and expungement processing generally, to the extent those organizations make themselves available for this purpose; and

                                 

(3)  identify the necessary systemic changes, required technology, cost estimates, and possible sources of funding for developing and implementing the “clean slate criminal history reset” required in accordance with section 6 of P.L.    , c.    (pending before the Legislature as this bill).

    

c.  The task force shall issue a final report of its findings and recommendations to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), no later than 180 days after the task force organizes.

 

                                  d.  The task force shall expire 30 days after the issuance of its report.

 

                                  17.  There is appropriated from the General Fund to the Department of Law and Public Safety the sum of $15,000,000 to implement the provisions of this act.”

 

Page 24, Section 14, Line 1:       Delete “14.” and insert “18.”

 

Page 24, Section 14, Line 1:       After “12” delete “and” and insert “,”

 

Page 24, Section 14, Line 1:       After “13” insert “, 16 and 17”

 

Page 24, Section 14, Lines 1-2:    Delete “, eliminating the fee for expungement applications,”

 

Page 24, Section 14, Line 4:       Delete “90th” and insert “180th”

 

Page 24, Section 14, Lines 6-7:    Delete in their entirety

 

Page 24, Section 14, Line 8:       Delete “whichever date occurs first”

 

Page 24, Section 14, Line 11:      Delete “their” and insert “those”

 

                                  Respectfully,

 

              [seal]              /s/ Philip D. Murphy

                                 

                                  Governor

 

 

Attest:

 

/s/ Matthew J. Platkin

 

Chief Counsel to the Governor