S1249

An Act concerning background checks and amending and supplementing P.L.1999, c.432.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1999, c.432 (C.15A:3A-1) is amended to read as follows:

1. As used in this act:

“Central registry” means the “Youth Serving Organization Central Registry” established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

“Criminal history record background check” means a determination of whether a person has a criminal record by cross-referencing that person's name and fingerprints with those on file with the Federal Bureau of Investigation, Identification Division and the State Bureau of Identification in the Division of State Police.

“Department” means the Department of Law and Public Safety.

[“Nonprofit youth] “Youth serving organization” or “organization” means a sports team, league, athletic association, or any other corporation, association or other organization [established pursuant to Title 15 of the Revised Statutes, Title 15A of the New Jersey Statutes, or other law of this State, but] , excluding public and nonpublic schools, [and] which provides recreational, educational, cultural, charitable, social or other activities or services for persons [younger than] under 18 years of age [, and is exempt from federal income taxes].

(cf: P.L.1999, c.432, s.1)

2. (New section) a The department shall establish a Youth Serving Organization Central Registry, which shall be a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks of prospective or current employees or volunteers of youth serving organizations. The department shall determine the manner and form of registration and the registration fee.

b. In order to participate in the central registry, a youth serving organization shall:

(1) register with the department; and

(2) pay the registration fee for participation.

3. Section 2 of P.L.1999, c.432 (C.15A:3A-2) is amended to read as follows:

2. a. [A nonprofit youth serving organization may] The
central registry 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 employee or volunteer of [the] a participating organization.

b. For the purpose of conducting the criminal history record background check, the division shall examine its own files and arrange for a similar examination by federal authorities. [The division shall inform the department whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in section 3 of this act.]

c. The division shall conduct a criminal history record background check only upon receipt of the written consent to the check of the prospective or current employee or volunteer.

d. The [organization or the] prospective or current employee or volunteer shall bear the costs associated with conducting criminal history background checks. Notwithstanding any law or regulation to the contrary, the department shall not charge a fee for a criminal history record background check that exceeds the actual cost of conducting that check, as determined by the Attorney General. The Attorney General shall annually certify to the State Treasurer the cost per criminal history background check in the immediately preceding year.

e. Each current employee or volunteer of a participating organization shall have a criminal history record background check conducted at least once every two years.

f. The central registry shall retain records indicating the qualification status of each employee or volunteer. Any participating organization shall be authorized to check the status of an employee or a volunteer that has undergone a criminal history record background check pursuant to this section. A participating organization shall be authorized to inquire about the status of an employee or a volunteer by telephone or through a secure Internet website maintained by the department.

g. (1) The division shall inform a participating organization whether a person's initial criminal history record background check reveals a conviction of a disqualifying crime or offense as specified in section 3 of P.L.1999, c.432 (C.15A:3A-3).

(2) If a criminal history record background check conducted pursuant to subsection e. of this section reveals a current employee or volunteer is disqualified from serving any organization, the division shall inform any participating organization where the person is known to be employed or volunteering.

(3) The central registry status records shall be updated to reflect a disqualifying crime or offense on the record of any prospective or current employee or volunteer pursuant to P.L.1999, c.432 (C.15A:3A-1 et seq.).

(cf: P.L.1999, c.432, s.2)

4. Section 3 of P.L.1999, c.432 (C.15A:3A-3) is amended to read as follows:

3. Except as provided in P.L.2009, c.139 (C.2C:7-22 et al.), a person may be disqualified from serving as an employee or volunteer of a [nonprofit] youth serving organization if that person's criminal history record background 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) 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.;

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

(3) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes; or

(4) involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes except paragraph (4) of subsection a. of N.J.S.2C:35-10.

b. In any other state or jurisdiction, 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. Nothing herein shall be construed to authorize an excluded sex offender, as defined in section 1 of P.L.2009, c.139 (C.2C:7-22), to serve as an employee or volunteer in a youth serving organization or any other entity from which the excluded sex offender is otherwise statutorily disqualified.

(cf: P.L.2009, c.139, s.3)

5. Section 4 of P.L.1999, c.432 (C.15A:3A-4) is amended to read as follows:

4. a. Prospective or current employees and volunteers of [nonprofit] youth serving organizations shall submit their name, address, fingerprints and written consent to the [organization] central registry for the criminal history record background check to be performed. The [organization] central registry shall supply this documentation to the Attorney General, who shall coordinate the background check.

b. The Attorney General is authorized to exchange fingerprint data with, and receive criminal history record information for use by [nonprofit] the central registry and participating youth serving organizations from the Federal Bureau of Investigation, Identification Section and the Division of State Police, Bureau of Identification and [such] any other law enforcement agencies and jurisdictions as may be necessary for the purposes of [this act] P.L.1999, c.432 (C.15A:3A-1 et seq.).

c. [The department shall act as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to this act.] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill)

(cf: P.L.1999, c.432, s.4)

6. Section 5 of P.L.1999, c.432 (C.15A:3A-5) is amended to read as follows:

5. The Attorney General, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations to effectuate the purposes of [this act] P.L.1999, c.432 (C.15A:3A-1 et seq.), including regulations concerning access to and dissemination of information obtained as a result of conducting a criminal history record background check and uniform disqualification criteria for any employee or volunteer.

(cf: P.L.1999, c.432, s.5)

7. This act shall take effect on the first day of the fourth month next following the date of enactment, except the Attorney General may take any anticipatory administrative action in advance as shall be necessary for the implementation of this act.

STATEMENT

This bill creates the “Youth Serving Organization Central Registry,” or “central registry,” which would serve as a clearinghouse for the collection and dissemination of information obtained as a result of conducting criminal history record background checks of prospective or current employees or volunteers of youth serving organizations.

Currently, the Department of Law and Public Safety acts as a clearinghouse for initiating the collection and dissemination of information obtained as a result of conducting criminal history record background checks pursuant to P.L.1999, c.432 (C.15A:3A-1 et seq.). Under this law, a nonprofit youth serving organization may request, through the department, that the State Bureau of Identification (SBI) in the Division of State Police conduct a criminal history record background check on a prospective or current employee or volunteer of an organization. A person may be disqualified from employment or volunteer positions for certain crimes or offenses: involving danger to a person (such as injuries, assault, kidnapping, sexual assault, or robbery); against the family, children or certain persons (e.g., bigamy); involving theft; or, in certain circumstances, involving controlled dangerous substances. The bill maintains these disqualifiers and requires the Attorney General to adopt regulations concerning uniform disqualification criteria.

The central registry is to be established within the department. In order to participate in the central registry, a youth serving organization is required to register with the department and pay the required registration fee.

The bill amends current law to provide that the central registry is to request, through the department, that the SBI conduct a criminal history record background check on each prospective and current employee or volunteer of a participating organization. For the purpose of conducting the background check, the division would examine its own files and arrange for a similar examination by federal authorities. The division is to conduct a criminal history record background check only after receiving written consent of a prospective or current employee or volunteer.

The prospective or current employee or volunteer would bear the costs associated with conducting criminal history background checks. As is the case under current law, the fee for a criminal history record background check would not exceed the actual cost of conducting that check.

Additionally, each current employee or volunteer of a participating organization would have a criminal history record background check conducted at least once every two years. The central registry would retain records indicating the qualification status of each employee or volunteer. Any participating organization could check the status of an employee or a volunteer and inquire about their status by telephone or through a secure website maintained by the department.

The division would be required to inform a participating organization whether the person's initial or subsequent criminal history record background check reveals a conviction of a disqualifying crime or offense. The central registry status records would then be updated to reflect the disqualifying crime or offense on the record of any prospective or current employee or volunteer.

Finally, the bill revises the definition of a “youth serving organization” to mean a sports team, league, athletic association, or any other corporation, association or other organization, excluding public and nonpublic schools, which provides recreational, educational, cultural, charitable, social or other activities or services for persons under 18 years of age. An organization would not need to be nonprofit to be eligible to participate.