S4683

An Act concerning youth serving organizations 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:

“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, an athletic association, any entity that provides private athletic lessons, or any other corporation, private or non-profit 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] that provides recreational, cultural, charitable, social, or other activities or services for persons under 18 years of age. The term shall not include public and nonpublic schools [, and which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age, and is exempt from federal income taxes] and youth camps licensed pursuant to P.L.1973, c.375 (C.26:12-1 et seq.).

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

2. 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] Except as provided in subsections f. and g. of this section, a youth serving organization 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, or organizer of [the] a youth serving 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, or organizer.

d. The [organization or the] prospective or current employee [or] , volunteer , or organizer 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 employee, volunteer, or organizer of a youth serving organization shall have a criminal history record background check conducted at least once a year.

f. An employee, volunteer, or organizer of a youth serving organization who has received a criminal history record background check pursuant to section 1 of P.L.1986, c.116 (C.18A:6-7.1), or its equivalent, which shall include, but not be limited to, background checks utilized by national and international athletic associations dedicated to youth sports shall not be required to obtain an additional background check during the same calendar year in which the background check was required pursuant to this section. The employee, volunteer, or organizer shall submit proof of completion of the criminal history record background check to the youth serving organization.

g. The provisions of this section shall not apply to a county or municipal government that has adopted an ordinance, rule, regulation, resolution, or personnel policy requiring annual criminal history record background checks of all employees, volunteers, and organizers who have contact with persons under 18 years of age through recreation, park, cultural, social, or athletic activities sponsored, operated, or administered by the county or municipality.

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

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

3. [Except as provided in] In addition to the provisions of P.L.2009, c.139 (C.2C:7-22 et al.), a person [may] shall be disqualified from serving as an employee [or] , volunteer , or organizer 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, or organizer 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)

4. (New section) a. The Commissioner of Children and Families shall establish an informational training course to assist youth serving organizations develop safe environments for children and adolescents who participate in their programming. The curriculum shall:

(1) recommend models of organizational safety protocols for youth serving organizations;

(2) provide guidance to individuals who work with youth on lawful and appropriate behaviors during and after an individual’s tenure with a youth serving organization;

(3) be based on best practices;

(4) be triennially revised, as determined by the commissioner; and

(5) be electronically available to youth serving organizations via the Internet website of the Department of Children and Families.

b. A youth serving organization shall require each prospective or current employee, volunteer, and organizer to:

(1) annually complete the training prescribed in subsection a. of this section; and

(2) adhere to organizational safety protocols adopted by the youth serving organization.

5. (New section) a. A youth serving organization that fails to request a criminal history record background check or maintain records pertaining to informational training required pursuant to this act shall be subject to a civil penalty for each offense of up to $500 for a first offense, up to $750 for a second offense, and up to $1,000 for a third or subsequent offense. The penalty shall be collected in a civil action by a summary proceeding under the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section.

b. It shall be a crime of the fourth degree for an employee, volunteer, or organizer to participate in a youth serving organization with the knowledge that the employee, volunteer, or organizer is disqualified based on that person’s criminal history.

c. It shall be a crime of the fourth degree for an organizer, coach, or any other person working in association with a youth serving organization to disregard the results of a criminal history background check or fail to obtain a criminal history background with knowledge that an employee, volunteer, or organizer of the organization is disqualified from participating in the organization based on the criminal history of the employee, volunteer, or organizer.

6. This act shall take effect the first day of the fourth month next following enactment, except that the Commissioner of the Department of Children and Families may take any anticipatory administrative action as may be necessary to implement the provisions of this act.

STATEMENT

This bill requires prospective and current employees, volunteers, and organizers of youth serving organizations to annually obtain criminal history record background checks and complete training.

The bill defines a “youth serving organization” as sports team, league, an athletic association, any entity that provides private athletic lessons, or any other corporation, private or non-profit association or other organization that provides recreational, cultural, charitable, social, or other activities or services to persons under 18 years of age. “Youth serving organization” does not include public and nonpublic schools or certain licensed youth camps. These requirements do not apply to local governments administering youth programming that have adopted measures requiring annual criminal history background checks of individuals similarly involved with youth. Additionally, individuals who have received criminal history background checks in the same calendar year as required by law for their involvement with a facility, center, or other system under the supervision of the Department of Education would only be required to show proof of completion of the criminal history background check in order to serve as an employee, volunteer, or organizer of a youth serving organization.

The bill also requires the Commissioner of Children and Families to establish an informational training course to assist youth serving organizations to develop safe environments for children and adolescents who participate in their programming. The bill requires the curriculum to: recommend models of organizational safety protocols for youth serving organization; provide guidance to individuals who work with youth on lawful and appropriate behaviors during and after an individual’s tenure with a youth serving organization; be based on best practices; be triennially revised, as determined by the commissioner; and be available to the youth serving organizations from the website of the Department of Children and Families. Under the bill, a youth serving organization would require each prospective or current employee, volunteer, and organizer to annually complete the training and adhere to any organizational safety protocols adopted by the youth serving organization.

A youth serving organization that fails to request criminal history record background check or maintain records pertaining to informational training required by the bill would be subject to up to $500 for a first offense; up to $750 for a second offense, and up to $1,000 for any subsequent offense to be collected in a summary proceeding under the “Penalty Enforcement Law of 1999.”

Under the bill, it would be a crime of the fourth degree: 1)for an individual to participate in a youth serving organization with the knowledge that the individual is disqualified based on the individual's criminal history; 2) an organizer, coach, or any other person to working in association with a youth serving organization to disregard the results of a criminal history background check or to fail to obtain a criminal history background with the knowledge that an employee, volunteer, or organizer of the organization is disqualified from participating in the organization based on the individual’s criminal history. A crime of the fourth degree is punishable by up to 18 months imprisonment, a fine of up to $10,000, or both.