ASSEMBLY, No. 366
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman HOLZAPFEL
An Act requiring criminal history record checks for candidates for employment in public institutions of higher education and supplementing chapter 6 of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. A public institution of higher education shall not employ or contract for the services of any person serving in a position which involves regular contact with students unless the employer has first determined consistent with the requirements and standards of this act that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or the State Bureau of Identification which would disqualify that individual from being employed or utilized in that capacity or position. This section shall not apply to any individual who provides services on a voluntary basis. An individual shall be disqualified from employment or service under this act if the individual's criminal history record check reveals a record of conviction of any of the following crimes and offenses:
a. In New Jersey, any crime or disorderly persons offense:
(1) bearing upon or involving sexual offense or child molestation as set forth in N.J.S.2C:14-1 et seq: or
(2) endangering the welfare of children or incompetents, as set forth in N.J.S.2C:24-4 and N.J.S.2C:24-7; or
b. A crime or offense involving the manufacture, transportation, sale, possession, or habitual use of a "controlled dangerous substance" as defined in the "New Jersey Controlled Dangerous Substances Act," P.L.1970, c.226 (C.24:21-1 et seq.); or
c. (1) A crime or offense involving the use of force or the threat of force to or upon a person or property including: armed robbery, aggravated assault, kidnapping, arson, manslaughter and murder; or
(2) A simple assault involving the use of force which results in bodily injury; or
d. In any other state or jurisdiction, a conviction involving conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in this section.
e. Notwithstanding the provisions of this section, an individual shall not be disqualified from employment or service under this act on the basis of any conviction disclosed by a criminal record check performed pursuant to this act if the individual has affirmatively demonstrated to the Commission on Higher Education clear and convincing evidence of rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) The nature and responsibility of the position which the convicted individual would hold;
(2) The nature and seriousness of the offense;
(3) The circumstances under which the offense occurred;
(4) The date of the offense;
(5) The age of the individual when the offense was committed;
(6) Whether the offense was an isolated or repeated incident;
(7) Any social conditions which may have contributed to the offense;
(8) Any evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have had the individual under their supervision.
2. A public institution of higher education may employ a candidate provisionally for a period not to exceed six months pending completion of a criminal history record check provided that the candidate submits to the commission a sworn statement attesting that the candidate has not been convicted of any crime or disorderly persons offense as described in section 1 of this act.
3. An individual employed by a public institution of higher education in a temporary or adjunct capacity or position who is rehired annually by that institution shall only be required to undergo a criminal history record check upon initial employment.
4. An applicant for employment or service in any position covered by this act shall submit to the executive director of the Commission on Higher Education his name, address, and fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency. The executive director is hereby authorized to exchange fingerprint data with and receive criminal history record information from the federal Bureau of Investigation and the Division of State Police for use in making the determinations required by this act. A criminal history record check shall not be performed pursuant to this section unless the applicant has furnished written consent to the check. The applicant shall bear the cost for the criminal history record check.
5. Upon receipt of the criminal history record information for an applicant from the Federal Bureau of Investigation and the Division of State Police, the executive director shall notify the applicant in writing of the applicant's qualification or disqualification for employment or service under this act. If the applicant is disqualified, the convictions which constitute the basis for the disqualification shall be identified in the written notice and a copy of the notice shall be forwarded to the governing body of the institution of higher education. The applicant shall have 30 days from the date of the written notice of disqualification to petition the executive director for a hearing on the accuracy of the criminal history record information or to establish rehabilitation under subsection e. of section 1 of this act.
6. The Commission on Higher Education may maintain the records on a candidate for not longer than one year from the date of determination as to the candidate's qualification or disqualification for employment with an employer.
7. Any employer who fails to comply with the provisions of this act shall be subject to a fine of not more than $500.
8. This act shall take effect immediately.
STATEMENT
This bill requires criminal history record checks for all employees of public institutions of higher education hired for positions which involve regular contact with students. An individual would be disqualified from employment or a contract for service arrangement with the institution if the check reveals a record of conviction of any crime or offense involving a sexual offense or child molestation or endangering the welfare of children or incompetents; a crime involving the manufacture, transportation, sale, possession, or habitual use of a controlled dangerous substance; a crime or offense involving the use of force or the threat of force to or upon a person or property including armed robbery, assault, kidnapping, arson, manslaughter, and murder; or a simple assault involving the use of force which results in bodily injury.
The bill provides that an individual shall not be disqualified from employment under the act on the basis of any conviction if the individual is able to demonstrate to the Commission on Higher Education clear and convincing evidence of rehabilitation. The bill outlines the factors to be considered by the commission in making a determination on the individual's rehabilitation.
The bill outlines the procedures to be followed in processing the record check and stipulates that the cost of the check is to be borne by the candidate for employment. Any public institution of higher education which fails to comply with the bill's provisions would be subject to a fine of not more than $500.
Requires criminal history record checks for candidates for employment in public institutions of higher education.