New Jersey § 30:6d-64

§ 30:6d-64.

a. Any community agency under contract with or licensed by the Department of Human Services shall not pay

or contract for any employee or agency head for the provision of services unless it has first been determined, consistent with

the requirement and standards of P.L.1999, c. 358 ( C.30:6D-63 et seq. ) , that no criminal history record information exists on file in the Federal Bureau

of Investigation, Identification Division, or in the State Bureau of Identification

in the Division of State Police, which would disqualify the community agency head

or the community agency employees from such employment. The determination shall be made by the department . A community care residence shall not be qualified to house individuals unless it has

first been determined, consistent with the requirements and standards of P.L.1999, c. 358 ( C.30:6D-63 et seq. ), that no criminal history record information exists on file in the Federal Bureau

of Investigation, Identification Division, or in the State Bureau of Identification

in the Division of State Police, which would disqualify the community care residence

applicant, community care residence alternate, or community care residence household

member. The determination shall be made by the department . A criminal history record background check shall be conducted at least once every

two years for a community agency head , community care residence applicant, community care residence alternate, community

care residence household member, and community agency employees; except that the department, in lieu of conducting

criminal history record background checks every two years, may determine whether an

individual has been convicted of a crime or disorderly persons offense which would

disqualify that person by an alternative means, including, but not limited to, a match of a person's Social

Security number or other identifying information with records of criminal proceedings

in this and other states. If the department elects to implement an alternative means of determining whether

an individual has been convicted of a crime or disorderly persons offense which would

disqualify that individual , the department shall report to the Governor and the Legislature prior to its implementation

on the projected costs and procedures to be followed with respect to its implementation

and setting forth the rationale therefor. The department shall notify the community agency or the community care residence

if an individual has been determined qualified or disqualified as provided pursuant

to P.L.1999, c. 358 ( C.30:6D-63 et seq. ). The department's determination of qualification shall not require the community

agency or community care residence to employ the individual. The department's determination of disqualification shall require the community agency

or community care residence to terminate employment or not offer employment to the

individual. b. An individual shall be disqualified from employment under P.L.1999, c. 358 ( C.30:6D-63 et seq. ) or the community care residence with whom the individual is associated shall not

be qualified to house individuals who receive department services if that individual's criminal history record background check reveals a record of

conviction of any of the following crimes and offenses: (1) In New Jersey, any crime or disorderly persons offense: (a) 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. ; or (b) Against the family, children or incompetents, meaning those crimes and disorderly

persons offenses set forth in N.J.S.2C:24-1 et seq. ; or (c) 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. ). (2) 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 paragraph

(1) of this subsection. c. If a prospective community agency employee or community agency head refuses to consent to, or cooperate in, securing of a criminal history record background

check, the person shall not be considered for employment. If a prospective community care residence applicant, alternate, or household member

refuses to consent to, or cooperate in, securing of a criminal history record background

check, the community care residence shall not be qualified to house individuals who

receive department services. d. If an individual who is required pursuant to this section to undergo a criminal history

record background check refuses to consent to, or cooperate in, the securing of a criminal history record

background check, the person shall be immediately removed from the person's position and the person's employment shall be terminated or, if the individual is affiliated with a community care residence, the community

care residence shall not be qualified to house individuals who receive department

services . e. Notwithstanding the provisions of subsection b. of this section to the contrary,

provisional employment of an individual is authorized for a period not to exceed six

months if the individual submits to the appointing authority a sworn statement attesting

that the individual has not been convicted of any crime or disorderly persons offense

as described in this act, pending a determination that no criminal history record

background information which would disqualify the individual exists on file in the

State Bureau of Identification in the Division of State Police or in the Federal Bureau

of Investigation, Identification Division. An individual who is provisionally employed pursuant to this subsection shall perform

his duties under the supervision of a superior who acts in a supervisory capacity

over that individual until the determination concerning the federal and State information

is complete, where possible. A community care residence shall not be qualified to house an individual with developmental

disabilities while a community care residence applicant, alternate, or household member's

criminal history records background check is pending. f. Notwithstanding the provisions of subsection b. of this section to the contrary,

no individual shall be disqualified from employment or from being qualified as a community care residence applicant, alternate, or household

member on the basis of any conviction disclosed by a criminal history record background

check performed pursuant to sections 2 through 7 of P.L.1999, c. 358 ( C.30:6D-64 through C.30:6D- 69) if the individual has affirmatively demonstrated to the department, clear and convincing evidence of the individual's 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, 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 which 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. g. A conviction of a crime or disorderly persons offense against children as set forth

in N.J.S.2C:24-4 adversely relates to a position in a community agency that involves or would involve

working directly with a person under 18 years of age. Individuals convicted of such crimes or disorderly persons offenses are permanently

disqualified from such employment at a community agency and from being qualified to be a community care residence applicant, alternate, or

household member . h. The individual shall have no longer than 14 days from the date of the written notice

of disqualification pursuant to section 4 of P.L.1999, c. 358 ( C.30:6D-66 ) to provide evidence of affirmatively demonstrated rehabilitation to the department

as provided pursuant to this section. i. The department shall have no longer than 60 days from the date of receipt of evidence

of the individual's affirmatively developed rehabilitation to make a determination

on the individual's qualification. The department shall notify the individual and the community agency or community

care residence in writing of the determination of the individual's qualification or

disqualification no longer than 60 days from the date of receipt of evidence of the

individual's affirmatively developed rehabilitation. The written notice may be transmitted electronically if the individual authorizes

the department to transmit the information electronically.