SENATE, No. 204

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Senator SINGER

 

 

An Act concerning criminal history record checks for public school employees, amending P.L.1986, c.116 and supplementing chapter 39 of Title 18A of the New Jersey Statutes.

 

    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

    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, a 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.

    f. Notwithstanding the provisions of subsection d. of N.J.S.2C:51-2, or of any other law to the contrary, an individual who has been convicted of a third degree offense, fourth degree offense, disorderly persons offense or petty disorderly persons offense resulting in the permanent disqualification from holding any office or position of honor, trust or profit under this State or any of its administrative or political subdivisions may apply to the Commissioner of Education for eligibility for employment or service at 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. An individual who applies for eligibility for employment or service under this subsection shall not be disqualified from employment or service if the individual affirmatively demonstrates to the Commissioner of Education clear and convincing evidence of rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the commissioner shall consider the factors set forth in subsection e. of this section.

(cf: P.L.1989, c.156, s.1)

 

    2. (New section) Notwithstanding the provisions of subsection d. of N.J.S.2C:51-2 or of any other law to the contrary, an individual who has been convicted of a third degree offense, fourth degree offense, disorderly persons offense or petty disorderly persons offense resulting in the permanent disqualification from holding any office or position of honor, trust or profit under this State or any of its administrative or political subdivisions may apply to the Commissioner of Education for eligibility for employment or service with a board of education as a school bus driver. An individual who applies for eligibility for employment or service under this subsection shall not be disqualified from employment or service if the individual affirmatively demonstrates to the Commissioner of Education clear and convincing evidence of rehabilitation. In determining whether an individual has affirmatively demonstrated rehabilitation, the commissioner shall consider the factors set forth in subsection e. of P.L.1986, c.116 (C.18A:6-7.1).

 

    3. This act shall take effect immediately.

 

 

STATEMENT

 

    Pursuant to N.J.S.A.2C:51-2(d) an individual who has been convicted of an offense involving or touching on his public office, position or employment forfeits this position and is permanently disqualified from holding any office or position under this State or any of its administrative or political subdivisions. However, this bill provides that an individual who has been convicted of a third degree offense, fourth degree offense, disorderly persons offense or petty disorderly persons offense resulting in the permanent disqualification from holding public employment may apply to the Commissioner of Education for employment within the State's system of public education including employment as a school bus driver. The bill provides that to be eligible for employment the applicant must affirmatively demonstrate with clear and convincing evidence to the commissioner that the applicant has been rehabilitated. In determining whether an individual has affirmatively demonstrated rehabilitation, the bill provides that the commissioner must consider the factors set forth in N.J.S.A.18A:6-7.1(e), which are the same factors applicable to any candidate who has been convicted of a disqualifying offense but who attempts to demonstrate rehabilitation to be eligible for employment under N.J.S.A.18A:6-7.1 et seq. and N.J.S.A.18A:39-19.1.

 

 

 

Allows persons disqualified from public employment to apply for certain public employment.