ASSEMBLY COMMITTEE SUBSTITUTE FOR

ASSEMBLY, No. 624

 

STATE OF NEW JERSEY

 

 

ADOPTED FEBRUARY 15, 1996

 

 

Sponsored by Assemblymen IMPREVEDUTO and FELICE

 

 

AN ACT concerning criminal history background checks and supplementing Title 30 of the Revised Statutes.

 

      BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

 

      1. As used in this act:

      a. “Commissioner” means the Commissioner of the Department of Human Services.

      b. “Community agency employee” means any individual 18 years of age or older who is employed by a public or private agency under contract with the department to provide services to department clients who have developmental disabilities and includes all personnel working or residing at an agency who may come into direct contact with clients.

      c. Community agency head” means the person responsible for the overall operation of the agency under contract with the department.

      d. “Department” means the Department of Human Services.

 

      2. a. The department shall not contract with any community agency for the provision of services unless it has first been determined, consistent with the requirement and standards of this act, that no criminal history record information exists on file in the Federal Bureau of Investigation, Identification Division, or in the State Bureau of Identification in the Division of State Police, which would disqualify the community agency head or the community agency employees from such employment. The determination shall be made by the commissioner with regard to the agency head and the determination shall be made by the agency head with regard to all agency employees.

      b. An individual shall be disqualified from employment under this act if that individual’s criminal history record check reveals a record of conviction of any of the following crimes and offenses:

      (1) In New Jersey, any crime or disorderly persons offense:

      (a) Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:11-1 et seq., N.J.S.2C:12-1 et seq., N.J.S.2C:13-1 et seq., N.J.S.2C:14-1 et seq. or N.J.S.2C:15-1 et seq.; or

      (b) Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.2C:24-1 et seq.; or

      (c) 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.).

      (2) In any other state or jurisdiction, of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in paragraph (1) of this subsection.

      c. If a perspective employee refuses to consent to, or cooperate in, securing of a criminal history record background check, the person shall not be considered for employment.

      d. If a current employee refuses to consent to, or cooperate in, the securing of a criminal history record background check, the person shall be immediately removed from his position and the person’s employment shall be terminated.

      e. Notwithstanding the provisions of subsection b. of this section to the contrary, provisional employment of an individual is authorized for a period not to exceed six months if that individual’s State Bureau of Identification criminal history record background check does not contain any information that would disqualify the individual from such employment and if the individual submits to the appointing authority a sworn statement attesting that the individual has not been convicted of any crime or disorderly persons offense as described in this act, pending a determination that no criminal history record background information which would disqualify the individual exists on file in the Federal Bureau of Investigation, Identification Division. An individual who is provisionally employed pursuant to this subsection shall perform his duties under the direct supervision of a superior who acts in a supervisory capacity over that individual until the determination concerning the federal information is complete, where possible.

 

      3. The commissioner is 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. No criminal history record check shall be performed pursuant to this act unless the applicant or employee shall have furnished his written consent to the check. All applicants or current employees shall have their fingerprints taken on standard fingerprint cards by a State or municipal law enforcement agency or a personnel unit of the department.


      4. Upon receipt of the criminal history record information from the Federal Bureau of Investigation and the Division of State Police, written notice shall be provided to the applicant or employee as follows:

      a. In the case of a community agency head, the commissioner shall notify the person in writing of his qualification or disqualification for employment under this act; and

      b. In the case of a community agency applicant or employee, the community agency head shall notify the person of his qualification or disqualification for employment under this act. If the applicant or employee is disqualified, the conviction or convictions which constitute the basis for the disqualification shall be identified in the written notice.

 

      5. The applicant or employee shall have 30 days from the date of receipt of the written notice of disqualification to petition for a hearing on the accuracy of the criminal history record information. In the case of a community agency head, the petition shall be to the commissioner and the commissioner shall make the determination. The commissioner may refer any case arising hereunder to the Office of Administrative Law for administrative proceedings pursuant to P.L.1978, c.67 (C.52:14F-1 et seq.). In the case of a community agency applicant or employee, the petititon shall be to the agency head and the community agency head shall make the determination. The agency head shall provide notice that further appeal is to the New Jersey Superior Court.

 

      6. The commissioner shall maintain all criminal history record information submitted under this act in accordance with rules and regulations which the commissioner shall adopt to implement the provisions of this act.

 

      7. In accordance with this act, the commissioner and community agency heads shall initiate a criminal history record background check on all applicants and current employees.

 

      8. The commissioner shall report to the Governor and the Legislature no later than three years from the effective date of this act on the effectiveness of the criminal history record background checks in screening out prospective or current community agency heads and agency employees who have criminal history records which render them unfit for employment. The commissioner shall include in the report any recommendations for modifying the provisions of this act.

 

      9. In accordance with the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), the commissioner shall adopt rules and regulations necessary to implement the provisions of this act.

 

      10. The Department of Human Services shall assume the cost of all criminal history record background checks required pursuant to the provisions of this act.

 

      11. Section 7 of this act shall take effect immediately and the remainder of this act shall take effect on the 120th day after enactment.      

Requires criminal history record background checks for certain individuals working with the developmentally disabled.