SENATE, No. 126
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senators PALAIA and GIRGENTI
An Act concerning education and amending P.L.1986, c.116 and P.L.1987, c.164.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1986, c.116 (C.18A:6-7.1) is amended to read as follows:
1. A facility, center, school, or school system under the supervision of the Department of Education and board of education which cares for, or is involved in the education of children under the age of 18 shall not employ or contract for the services of any teaching staff member or substitute teacher, teacher aide, child study team member, school physician, school nurse, custodian, school maintenance worker, cafeteria worker, school law enforcement officer, school secretary or clerical worker or any other person serving in a position which involves regular contact with pupils except individuals serving as school bus drivers 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 such capacity or position. An individual employed by a board of education or a school bus contractor holding a contract with a board of education, in the capacity of a school bus driver, shall be required to meet the criminal history record requirements pursuant to section 6 of P.L.1989, c.104 (C.18A:39-19.1). This section shall not apply to any individual who provides services on a voluntary basis. An individual other than a school bus driver 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
(3) A crime involving burglary as set forth in N.J.S.2C:18-2; or
(4) A crime involving theft or related offenses as set forth in N.J.S.2C:20-1 et seq.; or
(5) A crime involving forgery and fraudulent practices as set forth in N.J.S.2C:21-1 et seq.; or
(6) A crime involving bribery or corrupt influence as set forth in N.J.S.2C:27-1 et seq. and N.J.S.2C:29-8 ; or
(7) A crime of perjury or other falsification in official matters as set forth in N.J.S.2C:28-1 et seq.; or
(8) A crime of official misconduct as set forth in N.J.S. 2C:30-2 and N.J.S.2C:30-3; or
(9) Conspiracy to commit a crime described in this section of this act.
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 of this act.
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 Commissioner of Education clear and convincing evidence of his or her 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.
(cf: P.L.1989, c.104, s.4)
2. Section 1 of P.L.1987 c.164 (C.18A:6-7.1a) is amended to read as follows:
1. A board of education may employ a candidate provisionally for a period not to exceed [six] three months, pending completion of a criminal history records check required pursuant to P.L.1986, c.116 (C.18A:6-7.1 et seq.); provided that the candidate submits to the commissioner a sworn statement attesting that the candidate has not been convicted of any crime or disorderly persons offense as described by that act.
(cf: P.L.1987, c.164, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill would include the convictions of serious non-violent offenses such as burglary, theft, forgery, bribery, and other related offenses as well as conspiracy to commit these and violent crimes as a basis to disqualify a person from being employed in a position which involves regular contact with pupils. Currently, only the convictions for violent crimes, drug related and sex offenses bar a person from being employed in this capacity. This bill would also decrease the time period which a employee may be provisionally hired pending completion of criminal history records check.
Expands offenses disclosed in criminal history records check to bar employment with schools.