ASSEMBLY, No. 1316

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen ROMANO and KAVANAUGH

An Act requiring criminal history record background checks on certain volunteer sports personnel and supplementing Title 2A of the New Jersey 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 Community Affairs.

    b. "Department" means the Department of Community Affairs.

    c. "Sports team" means a sports team which is organized or performing pursuant to a nonprofit or similar charter or which is a member team in a league organized by or affiliated with a county or municipal recreation department with team members under 16 years of age.

    d. "Sports team management" means the person or persons responsible for selecting volunteer sports officials.

    e. "Volunteer sports official" means a person serving as an athletic coach, manager or official, other than an official accredited by a voluntary association as provided by P.L.1979, c.172 (C.18A:11-3) for a sports team.

    2. a. The management of a sports team shall request, through the department, that the State Bureau of Identification in the Division of State Police conduct a criminal history record background check on each prospective and current volunteer sports official, including a name and fingerprint identification check, to ascertain whether the person has a record of criminal history. The background check shall be at no cost to the volunteer sports official.

    b. If a prospective or current volunteer sports official refuses to consent to or cooperate in the securing of a criminal history record background check, the person shall not be considered for the position.

    c. The Division of State Police in the Department of Law and Public Safety shall conduct a criminal history record background check only upon receipt of the person's written consent. The background check shall be at no cost to the volunteer sports official.

    d. For the purpose of conducting the criminal history record background check, the division shall examine it's own files and arrange for a similar examination by federal authorities. The division shall forward the information obtained to the sports team management.

    3. a. The prospective or current volunteer sports official shall submit his name, address, fingerprints, and written consent to the sports team management for the background check to be performed. The sports team management shall supply this documentation to the commissioner, who shall coordinate the criminal history background check.

    b. The commissioner is authorized to exchange fingerprint data with, and receive criminal history record information from, the Federal Bureau of Investigation, Identification Section, the Division of State Police, Bureau of Identification and the Pretrial Intervention Program, for use by sports teams.

    4. The department shall act as a clearinghouse for the collection and the dissemination of information obtained as a result of conducting the criminal history record background check pursuant to this act. The department shall promptly advise sports team management officials of the information concerning a prospective or current volunteer sports official.

    5. a. If the information from the criminal history record background check discloses that a prospective or current volunteer sports official has a record of criminal history, the sports team management shall review the information with respect to the type and date of the criminal offense to determine if the person is fit to serve as a volunteer sports official. Criminal offenses which can render a person unfit to serve as a volunteer sports official include, but are not limited to, any crime or offense, whether committed in New Jersey or in another jurisdiction, which in New Jersey would constitute a crime or offense involving violence, sexual offenses or offenses involving the abuse, neglect or exploitation of a child.

    b. Prior to determining whether the person is fit to serve as a volunteer sports official, the sports team management shall advise the person that the criminal history record background check has been received and shall give the person the opportunity to review the records, to offer an explanation concerning the information contained therein and to submit additional pertinent information.

    c. A person shall not be disqualified to serve as a volunteer sports official on the basis of information contained in a criminal history record background check if the person has demonstrated to the sports team management officials clear and convincing evidence of rehabilitation.

    6. The commissioner, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of this act, including but not limited to:

    a. Guidelines for determining whether a person is fit to serve as a volunteer sports official;

    b. Procedures requiring sports teams to make documented, good faith efforts to obtain information and recommendations concerning the person's fitness to serve as a volunteer sports official;

    c. Procedures for resolving disputes when a person is found unfit to serve as a volunteer sports official;

    d. Guidelines, to be developed after consultation with the Attorney General, concerning access to information obtained as a result of conducting a criminal history record background check.

    7. This act shall take effect on the 60th day after enactment.

STATEMENT

    This bill would require criminal history record background checks on persons who are applicants or who currently serve as volunteer sports officials for sports teams with members under 16 years of age at no cost to the volunteer sports official. Under this bill, volunteer sports officials include coaches, managers or officials of sports teams.

    Volunteer sports officials hold positions which place them in contact with minors. It is the sponsor's view that background screening is one approach to preventing abuse of minors by identifying persons with a history of crimes or offenses involving minors or other vulnerable persons.

    The background checks would be conducted by the Division of State Police. The Department of Community Affairs would act as a clearinghouse for the collection and dissemination of information obtained as a result of the background check. Persons with criminal records would have the opportunity to demonstrate their rehabilitation and avoid disqualification.

Requires criminal history record background checks on certain volunteer sports personnel.