Bill Text: NJ A942 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires staff of shelters for victims of domestic violence and emergency shelters for homeless to undergo criminal history record background checks.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Human Services Committee [A942 Detail]
Download: New_Jersey-2010-A942-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblywoman VALERIE VAINIERI HUTTLE
District 37 (Bergen)
Assemblywoman CARIDAD RODRIGUEZ
District 33 (Hudson)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Co-Sponsored by:
Assemblywoman Spencer
SYNOPSIS
Requires staff of shelters for victims of domestic violence and emergency shelters for homeless to undergo criminal history record background checks.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act requiring criminal history record background checks for staff in shelters and supplementing Titles 30, 53 and 55 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in sections 1 through 7 of P.L. c, (C. ) (pending before the Legislature as this bill):
"Commissioner" means the Commissioner of Community Affairs.
"Department" means the Department of Community Affairs.
"Shelter of victims of domestic violence or "shelter" means a shelter for victims of domestic violence certified pursuant to standards and procedures established by P.L.1979, c.337 (C.30:14-1 et seq.).
"Staff member" means an individual 18 years of age or older who is an administrator of, employed by, or works in a shelter for the victims of domestic violence on a regularly scheduled basis during the shelter's operating hours, including full‑time, part‑time, voluntary, contract, consulting, and substitute staff, whether compensated or not.
2. a. As a condition of securing or maintaining a license to operate a shelter for victims of domestic violence from the department, the shelter operator shall ensure that a criminal history record background check is conducted on each staff member of the shelter.
b. If the shelter operator refuses to consent to, or cooperate in, the securing of a criminal history record background check, the department shall suspend, deny, revoke or refuse to renew the license to operate the shelter, as appropriate.
c. If a staff member of a shelter, other than the shelter operator, refuses to consent to, or cooperate in, the securing of a criminal history record background check, the individual shall be immediately terminated from employment at the shelter.
3. a. In the case of a shelter established after the effective date of this act, the shelter operator, prior to the shelter's opening, shall ensure that a request for a criminal history record background check on each staff member is sent to the department for processing by the Division of State Police in the Department of Law and Public Safety and the Federal Bureau of Investigation.
A staff member shall be supervised at all times when operating, maintaining, or providing services at the shelter until the staff member's criminal history record background has been reviewed by the department pursuant to this act.
b. In the case of a shelter granted a license to operate prior to the effective date of this act, the shelter operator, at the time of the shelter's first renewal of its license after the effective date of this act, shall ensure that a request for a criminal history record background check on each staff member is sent to the department for processing by the Division of State Police and the Federal Bureau of Investigation.
c. Within two weeks after a new staff member begins employment at a shelter, the shelter operator shall ensure that a request for a criminal history record background check on the new staff member is sent to the department for processing by the Division of State Police and the Federal Bureau of Investigation.
A new staff member shall be supervised at all times when operating, maintaining, or providing services at the shelter until the staff member's criminal history record background has been reviewed by the department pursuant to this act.
4. Except as provided in subsection d. of this section, a current staff member or an applicant for employment at a shelter shall be permanently disqualified from employment at or operating a shelter if the criminal history record background check of the staff member or applicant reveals a record of conviction for any of the following crimes and offenses:
a. In New Jersey, any crime or disorderly persons offense as follows:
(1) a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24‑4; child molestation as set forth in N.J.S.2C:14‑1 et seq.;
(2) abuse, abandonment or neglect of a child pursuant to R.S.9:6‑3;
(3) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24‑7;
(4) sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14‑2 through N.J.S.2C:14‑4;
(5) murder pursuant to N.J.S.2C:11‑3 or manslaughter pursuant to N.J.S.2C:11‑4;
(6) stalking pursuant to section 1 of P.L.1992, c.209 (C.2C:12‑10);
(7) kidnaping and related offenses including criminal restraint, false imprisonment, interference with custody, criminal coercion, or enticing a child into a motor vehicle, structure or isolated area pursuant to N.J.S.2C:13‑1 through N.J.S.2C:13‑5 and section 1 of P.L.1993, c.291 (C.2C:13‑6);
(8) arson pursuant to N.J.S.2C:17‑1, or causing or risking widespread injury or damage, which would constitute a crime of the second degree pursuant to N.J.S.2C:17‑2;
(9) aggravated assault, which would constitute a crime of the second or third degree pursuant to subsection b. of N.J.S.2C:12‑1;
(10) robbery, which would constitute a crime of the first degree pursuant to N.J.S.2C:15‑1;
(11) burglary, which would constitute a crime of the second degree pursuant to N.J.S.2C:18‑2;
(12) domestic violence pursuant to P.L. 1991, c.261 (C.2C:25‑17 et seq.);
(13) terroristic threats pursuant to N.J.S.2C:12‑3; or
(14) an attempt or conspiracy to commit any of the crimes or offenses listed in paragraphs (1) through (13) of this subsection.
b. 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 subsection a. of this section.
c. Notwithstanding the provisions of this section to the contrary, an individual shall not be disqualified from employment at or operating a shelter under this act on the basis of any conviction disclosed by a criminal history record background check performed pursuant to this act without an opportunity to challenge the accuracy of the disqualifying criminal history record pursuant to the provisions of section 15 of this act.
d. If a staff member of a shelter is convicted of a crime specified in subsection a. of this section, the staff member shall be terminated from employment at or operating a shelter, except that the commissioner may approve the individual's employment at, or administration of, the facility if all of the following conditions are met:
(1) the commissioner determines that the crime does not relate adversely to the position the individual is employed in pursuant to the provisions of P.L.1968, c.282 (C.2A:168A‑1 et seq.);
(2) the conviction is not related to a crime committed against a child or domestic violence offense, as specified in subsection a. of this section;
(3) the shelter documents that the individual's employment or operation at the shelter does not create a risk to the safety or well‑being of children due to the nature and requirements of the position; as necessary, the shelter shall identify restrictions regarding the individual's contact with, care or supervision of children;
(4) the shelter documents that the individual is uniquely qualified for the position due to specific skills, qualifications, characteristics or prior employment experiences; and
(5) the commissioner determines that the individual has affirmatively demonstrated rehabilitation, pursuant to the factors specified in subsection b. of section 5 of this act.
5. a. For crimes and offenses other than those cited in subsection a. of section 4 of this act, an applicant or staff member may be eligible for employment at, or to operate, a shelter if the individual has affirmatively demonstrated to the commissioner clear and convincing evidence of rehabilitation pursuant to subsection b. of this section.
b. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) the nature and responsibility of the position at the shelter that the convicted individual would hold, has held or currently holds, as the case may be;
(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 that may have contributed to the offense; and
(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 those who have had the individual under their supervision.
c. The commissioner shall make the final determination regarding the employment of the shelter operator with a criminal conviction specified under this section.
d. The shelter operator or the shelter's board of directors shall make the final determination regarding the employment of a staff member or applicant with a criminal conviction specified under this section.
e. If the shelter operator has knowledge that a staff member has criminal charges pending against the staff member, the shelter operator shall promptly notify the commissioner to determine whether or not any action concerning the staff member is necessary in order to ensure the safety of the individuals living at the shelter.
6. a. A shelter that has received an employment application from an individual or currently employs a staff member shall be immune from liability for acting upon or disclosing information about the disqualification or termination of that applicant or staff member to another shelter seeking to employ that individual if the shelter has:
(1) received notice from the commissioner or the shelter's board of directors, as applicable, that the applicant or staff member has been determined by the commissioner or the board of directors to be disqualified from employment at a shelter pursuant to this act; or
(2) terminated the employment of a staff member because the individual was disqualified from employment at the shelter on the basis of a conviction of a crime pursuant to section 4 of this act after commencing employment at the shelter.
b. A shelter that acts upon or discloses information pursuant to subsection a. of this section shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the shelter acted with actual malice toward the individual who is the subject of the information.
7. The Department of Community Affairs shall be responsible for the cost of processing and funding all criminal history record background checks required for staff members of a shelter as required pursuant to this act. The department shall also be responsible for paying the cost of obtaining the fingerprints or other identifier authorized by the Division of State Police, unless that service is available at no cost to the employee or individual seeking employment.
8. As used in sections 8 through 13 of P.L. c, (C. ) (pending before the Legislature as this bill):
"Commissioner" means the Commissioner of Community Affairs
"Department" means the Department of Community Affairs.
"Emergency shelter for the homeless or "shelter" means an emergency shelter for the homeless licensed by the Department of Community Affairs pursuant to P.L. 1985, c.48 (C.55:13C-1 et seq.).
"Staff member" means an individual 18 years of age or older who is an administrator of, employed by, or works in an emergency shelter for the homeless on a regularly scheduled basis during the shelter's operating hours, including full‑time, part‑time, voluntary, contract, consulting, and substitute staff, whether compensated or not.
9. a. As a condition of securing or maintaining a license to operate an emergency shelter for the homeless from the department, the shelter operator shall ensure that a criminal history record background check is conducted on each staff member of the shelter.
b. If the shelter operator refuses to consent to, or cooperate in, the securing of a criminal history record background check, the department shall suspend, deny, revoke or refuse to renew the license to operate the shelter, as appropriate.
c. If a staff member of a shelter, other than the shelter operator, refuses to consent to, or cooperate in, the securing of a criminal history record background check, the individual shall be immediately terminated from employment at the shelter.
10. a. In the case of a shelter established after the effective date of this act, the shelter operator, prior to the shelter's opening, shall ensure that a request for a criminal history record background check on each staff member is sent to the department for processing by the Division of State Police in the Department of Law and Public Safety and the Federal Bureau of Investigation.
A staff member shall be supervised at all times when operating, maintaining, or providing services at the shelter until the staff member's criminal history record background has been reviewed by the department pursuant to this act.
b. In the case of a shelter granted a license to operate prior to the effective date of this act, the shelter operator, at the time of the shelter's first renewal of its license after the effective date of this act, shall ensure that a request for a criminal history record background check on each staff member is sent to the department for processing by the Division of State Police and the Federal Bureau of Investigation.
c. Within two weeks after a new staff member begins employment at a shelter, the shelter operator shall ensure that a request for a criminal history record background check on the new staff member is sent to the department for processing by the Division of State Police and the Federal Bureau of Investigation.
A new staff member shall be supervised at all times when operating, maintaining, or providing services at the shelter until the staff member's criminal history record background has been reviewed by the department pursuant to this act.
11. Except as provided in subsection d. of this section, a current staff member or an applicant for employment shall be permanently disqualified from employment at or operating a shelter if the criminal history record background check of the staff member or applicant reveals a record of conviction for any of the following crimes and offenses:
a. In New Jersey, any crime or disorderly persons offense as follows:
(1) a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24‑4; child molestation as set forth in N.J.S.2C:14‑1 et seq.;
(2) abuse, abandonment or neglect of a child pursuant to R.S.9:6‑3;
(3) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24‑7;
(4) sexual assault, criminal sexual contact or lewdness pursuant to N.J.S.2C:14‑2 through N.J.S.2C:14‑4;
(5) murder pursuant to N.J.S.2C:11‑3 or manslaughter pursuant to N.J.S.2C:11‑4;
(6) stalking pursuant to section 1 of P.L.1992, c.209 (C.2C:12‑10);
(7) kidnaping and related offenses including criminal restraint, false imprisonment, interference with custody, criminal coercion, or enticing a child into a motor vehicle, structure or isolated area pursuant to N.J.S.2C:13‑1 through N.J.S.2C:13‑5 and section 1 of P.L.1993, c.291 (C.2C:13‑6);
(8) arson pursuant to N.J.S.2C:17‑1, or causing or risking widespread injury or damage, which would constitute a crime of the second degree pursuant to N.J.S.2C:17‑2;
(9) aggravated assault, which would constitute a crime of the second or third degree pursuant to subsection b. of N.J.S.2C:12‑1;
(10) robbery, which would constitute a crime of the first degree pursuant to N.J.S.2C:15‑1;
(11) burglary, which would constitute a crime of the second degree pursuant to N.J.S.2C:18‑2;
(12) domestic violence pursuant to P.L. 1991, c.261 (C.2C:25‑17 et seq.);
(13) terroristic threats pursuant to N.J.S.2C:12‑3; or
(14) an attempt or conspiracy to commit any of the crimes or offenses listed in paragraphs (1) through (13) of this subsection.
b. 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 subsection a. of this section.
c. Notwithstanding the provisions of this section to the contrary, an individual shall not be disqualified from employment at or operating a shelter under this act on the basis of any conviction disclosed by a criminal history record background check performed pursuant to this act without an opportunity to challenge the accuracy of the disqualifying criminal history record pursuant to the provisions of section 15 of this act.
d. If a staff member of a shelter is convicted of a crime specified in subsection a. of this section, the staff member shall be terminated from employment at or operating a shelter, except that the commissioner may approve the individual's employment at, or administration of, the shelter if all of the following conditions are met:
(1) the commissioner determines that the crime does not relate adversely to the position the individual is employed in pursuant to the provisions of P.L.1968, c.282 (C.2A:168A‑1 et seq.);
(2) the conviction is not related to a crime committed against a child, as specified in subsection a. of this section;
(3) the shelter documents that the individual's employment or operation at the shelter does not create a risk to the safety or well‑being of children due to the nature and requirements of the position; as necessary, the shelter shall identify restrictions regarding the individual's contact with, care or supervision of children;
(4) the shelter documents that the individual is uniquely qualified for the position due to specific skills, qualifications, characteristics or prior employment experiences; and
(5) the commissioner determines that the individual has affirmatively demonstrated rehabilitation, pursuant to the factors specified in subsection b. of section 12 of this act.
12. a. For crimes and offenses other than those cited in subsection a. of section 11 of this act, an applicant or staff member may be eligible for employment at, or to operate, a shelter if the individual has affirmatively demonstrated to the commissioner clear and convincing evidence of rehabilitation pursuant to subsection b. of this section.
b. In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) the nature and responsibility of the position at the shelter that the convicted individual would hold, has held or currently holds, as the case may be;
(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 that may have contributed to the offense; and
(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 those who have had the individual under their supervision.
c. The commissioner shall make the final determination regarding the employment of the shelter operator with a criminal conviction specified under this section.
d. The shelter operator or the shelter's board of directors shall make the final determination regarding the employment of a staff member or applicant with a criminal conviction specified under this section.
e. If the shelter operator has knowledge that a staff member has criminal charges pending against the staff member, the shelter operator shall promptly notify the commissioner to determine whether or not any action concerning the staff member is necessary in order to ensure the safety of the residents of the shelter.
13. a. A shelter that has received an employment application from an individual or currently employs a staff member shall be immune from liability for acting upon or disclosing information about the disqualification or termination of that applicant or staff member to another shelter seeking to employ that individual if the shelter has:
(1) received notice from the commissioner or the shelter's board of directors, as applicable, that the applicant or staff member has been determined by the commissioner or the board of directors to be disqualified from employment at a shelter pursuant to this act; or
(2) terminated the employment of a staff member because the individual was disqualified from employment at the shelter on the basis of a conviction of a crime pursuant to section 11 of this act after commencing employment at the shelter.
b. A shelter that acts upon or discloses information pursuant to subsection a. of this section shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the shelter acted with actual malice toward the individual who is the subject of the information.
14. The department shall be responsible for the cost of processing and funding all criminal history record background checks required pursuant to this act. The department shall also be responsible for paying the cost of obtaining the fingerprints or other identifier authorized by the Division of State Police, unless that service is available at no cost to the employee or individual seeking employment.
15. a. The Commissioner of Community Affairs is authorized to exchange fingerprint data with, and to receive information from, the Division of State Police in the Department of Law and Public Safety and the Federal Bureau of Investigation.
Upon receipt of the criminal history record information for an applicant or staff member of a shelter for victims of domestic violence or an emergency shelter for the homeless from the Federal Bureau of Investigation and the Division of State Police, the Department of Community Affairs shall notify the applicant or staff member, as applicable, and the shelter, in writing, of the applicant's or staff member's qualification or disqualification for employment or service under sections 4 or 5 or 11 or 12 of P.L. c, (C. ) (pending before the Legislature as this bill). If the applicant or staff member is disqualified, the convictions that constitute the basis for the disqualification shall be identified in the written notice to the applicant or staff member. The applicant or staff member shall have 14 days from the date of the written notice of disqualification to challenge the accuracy of the criminal history record information. If no challenge is filed or if the determination of the accuracy of the criminal history record information upholds the disqualification, the department shall notify the facility that the applicant or staff member has been disqualified from employment.
b. The Division of State Police shall promptly notify the Department of Community Affairs in the event an applicant or staff member, who was the subject of a criminal history record background check conducted pursuant to subsection a. of this section, is convicted of a crime or offense in this State after the date the background check was performed. Upon receipt of such notification, the department shall make a determination regarding the employment of the applicant or staff member.
16. This act shall take effect take effect 180 days after enactment.
STATEMENT
This bill requires criminal history record background checks for existing staff and employment applicants at shelters for the victims of domestic violence and emergency shelters for the homeless in the State.
Specifically, the bill requires that all shelter operators, staff members and employment applicants undergo criminal history record background checks through the New Jersey Division of State Police and the Federal Bureau of Investigation as a condition of continued or new employment at shelters for these shelters. If a shelter operator refuses to consent to or cooperate in the background check, the shelter's license to operate would be subject to suspension, revocation, or non-renewal. If a staff member other than the shelter operator refuses to consent to or cooperate in the background check, the staff member would be subject to immediate termination of employment.
As defined in the bill, "staff member" means an individual 18 years of age or older who is an administrator of, employed by, or works in a shelter on a regularly scheduled basis during the shelter's operating hours, including full‑time, part‑time, voluntary, contract, consulting, and substitute staff, whether compensated or not.
Staff members and employment applicants with a record of conviction for certain specified crimes enumerated in the bill would be permanently disqualified from employment at or operating a shelter, except that the Commissioner of Community Affairs may approve the employment of the staff member at the shelter if certain conditions are met.
The bill also provides that in the case of any crime or offense other than those enumerated in the bill, an applicant or staff member may be eligible for employment at or to operate a shelter if the commissioner determines that the person has affirmatively demonstrated clear and convincing evidence of rehabilitation.
The bill provides that the final determination regarding the employment of an shelter operator with a criminal conviction shall be made by the commissioner and the final determination of a staff member or applicant with a criminal conviction shall be made by the shelter operator or the shelter's board of directors.
Further, the bill provides that if a shelter operator has knowledge of criminal charges pending against a staff member, the shelter operator shall promptly notify the commissioner to determine whether any action concerning the staff member is necessary in order to ensure the safety of the residents of the shelter.
The bill provides immunity from liability to a shelter for acting upon or disclosing information about the disqualification or termination of an applicant or staff member to another shelter seeking to employ that individual under certain conditions.
Finally, the bill provides that the Department of Community Affairs shall be responsible for the cost of processing and funding all criminal history record background required under the bill.
