A4888

An Act concerning use of criminal history information at institutions of higher education and degree-granting proprietary institutions and supplementing Title 18A of the New Jersey Statutes.

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

1. a. Except as provided in subsection b. of this section, an application for admission used by any institution of higher education or degree-granting proprietary institution in the State shall not have any question related to, or otherwise contain a request for information about, the criminal history, including the juvenile criminal history, of a prospective student.

b. Notwithstanding the provisions of subsection a. of this section, an application may have a question asking whether an applicant has been convicted of any of the following crimes specified in the New Jersey Code of Criminal Justice: N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5 and strict liability vehicular homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3); N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the victim is a minor, subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); subsection a. of N.J.S.2C:24-4 (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, or causing the child other harm); paragraph (4) of subsection b. of N.J.S.2C:24-4 (Photographing or filming a child in a prohibited sexual act or for portrayal in a sexually suggestive manner); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual act or the simulation of an act, or to be portrayed in a sexually suggestive manner); subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Possessing or viewing items depicting the sexual exploitation or abuse of a child); section 8 of P.L.2017, c.141 (C.2C:24-4.1) (Leader of a child pornography network); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); paragraph (4) of subsection b. of N.J.S.2C:34-1 (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit any of these crimes.

c. An institution of higher education or a degree-granting proprietary institution may deny an applicant admission on the basis of the applicant’s criminal history only if the applicant was convicted of an offense enumerated in subsection b. of this section.

d. In the event that an institution of higher education or degree-granting proprietary institution denies an applicant admission based on the conviction for any offense enumerated in subsection b. of this section, the institution shall notify the applicant, who may appeal the decision to the entity that considers the institution’s disciplinary matters. The entity shall consider the following factors in determining whether the applicant should be admitted:

(1) the time that has passed since the occurrence of the criminal conduct;

(2) the age of the applicant at the time of the conduct underlying the criminal conviction; and

(3) any evidence of rehabilitation or good conduct provided by the applicant.

e. An institution of higher education or degree-granting proprietary institution shall not deny admission to an applicant on the basis of a conviction that has been expunged or erased through executive pardon.

f. An institution of higher education may consider an applicant’s criminal history if information pertaining to the history is provided on an application that is designed by a national application service, tailored for admission to a specific degree program, and used by institutions of higher education in multiple states.

g. An institution of higher education or degree-granting proprietary institution may consider an applicant’s criminal history if that information is voluntarily provided by the applicant.

h. The provisions of this section shall not apply to an application for admission to a law school.

2. a. In the event that an institution of higher education or a degree-granting proprietary institution accepts an applicant for admission, the institution is authorized to make inquiries relative to the criminal history of the applicant, not limited to the offenses enumerated in subsection b. of section 1 of this act, or require the applicant to provide a copy of the applicant’s criminal history record background check. The inquiries may also be made when the institution is obtaining secondary information including, but not limited to, information pertaining to immunizations, financial aid, or housing.

b. Inquiries relative to the criminal history of the applicant or the criminal history record background check pursuant to subsection a. of this section may be utilized by the institution for the purposes of:

(1) offering supportive counseling services; and

(2) making decisions relative to a student's participation in campus life and determining if the institution will limit such participation, provided that the institution considers:

(a) the nature and gravity of the criminal conduct and whether it bears a direct relationship to a particular aspect of a student's participation in campus life including, but not limited to, campus residency and campus activities;

(b) the time that has passed since the occurrence of the criminal conduct;

(d) any evidence of rehabilitation or good conduct provided by the student.

c. After a student has been accepted for admission, an institution of higher education offering an educator preparation program may consider criminal history if that information is provided on any professional conduct form developed by the State Board of Education for use in the teacher certification process. The purpose of the consideration shall be limited to the offering of counseling as provided in paragraph (1) of subsection b. of this section.

d. An institution of higher education or degree-granting proprietary institution shall not deny continuation in an academic program designed to prepare a student for a career that requires an occupational license or a teaching certificate solely on a student’s criminal history. The institution shall offer counseling relative to the licensing or certification requirement in order to assist a student in making an informed decision about pursuing the program.

3. A student may utilize the “Common Application” developed and administered by the not-for-profit membership organization, The Common Application, Inc., when applying for admission to an institution of higher education, excluding law school, or a degree-granting proprietary institution, that accepts the “Common Application,” provided that the common application does not have any questions related to, or otherwise contain a request for information about, the criminal history, including the juvenile criminal history, of a prospective student except as provided in subsection b. of section 1 of this act.

4. This act shall take effect immediately and shall first apply to the first full academic year next following the date of enactment.

STATEMENT

This bill establishes provisions for the use of the criminal history of applicants and students at institutions of higher education and degree-granting proprietary institutions.

Under the bill, institutions of higher education and degree-granting proprietary institutions are generally prohibited from using applications for admission that inquire about an applicant’s criminal history except to include a question on an application asking whether an applicant has been convicted for certain serious criminal offenses. The institution of higher education or degree-granting proprietary institution has the option to deny an applicant admission based on the conviction. Serious criminal offenses enumerated in the bill include criminal homicide, human trafficking, kidnapping, sexual assault, and aggravated sexual assault.

The bill requires an institution of higher education and a degree-granting proprietary institution to notify an applicant if admission is denied due to the applicant’s conviction of an enumerated serious criminal offense. The applicant is permitted to appeal the decision. The entity determining whether the applicant should be admitted is required to consider: the time that has passed since the criminal conviction; the age of the applicant at the time of the conviction; and any evidence of rehabilitation or good conduct provided by the applicant. Additionally, the bill stipulates that an institution of higher education or degree-granting proprietary institution, as applicable, is permitted to consider an applicant’s criminal history if the information is provided on an application designed by a national application service or voluntarily provided.

The bill also establishes provisions for the use of an admitted student’s criminal history by an institution of higher education or a degree-granting proprietary institution. After an applicant is accepted, the institution may make inquiries on the applicant’s criminal history or require the applicant to complete and provide a copy of the applicant’s criminal history record background check. This inquiry is not limited to criminal history relating to the serious crimes enumerated in the bill and can be utilized by the institution to: offer supportive counseling services; make decisions relative to a student’s participation in campus life; and obtain secondary information relating to immunizations, financial aid, or housing provided that the institution considers factors outlined in the bill.

Under the bill, an institution of higher education offering an educator preparation program is permitted to consider criminal history if that information is provided by a professional conduct form developed by the State Board of Education for use in the teacher certification process. This consideration is limited to offering counseling to the student. Additionally, the bill prohibits an institution from denying continuation in an academic program designed to prepare a student for a career that requires an occupational license or a teaching certificate due to the student’s criminal history.

Finally, the bill permits a student to utilize the “Common Application” developed and administered by the not-for-profit membership organization, The Common Application, Inc., provided that the common application does not have any question related to, or information requested about, the criminal history of a prospective student except for an enumerated serious crime.