[HISTORY: Adopted by the Borough Council of the Borough of Chesilhurst as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-2009 by Ord. No. 2009-3]
Criminal history background checks of persons with unsupervised direct access to minors of youth-serving recreation organizations.
As used in this article, the following terms shall have the meanings indicated:
- Borough provision of funding or facility, including maintenance of facility.
- CRIMINAL HISTORY RECORD BACKGROUND CHECK
- 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.
- The Borough of Chesilhurst Police Department.
- REVIEW COMMITTEE or COMMITTEE
- A three-member committee consisting of the Council President, Chief of Police and the Borough Clerk or his/her designee. The committee shall be charged with the review of all appeals by any employee or volunteer whose criminal history background check reveals a disqualifying criminal conviction.
- Recreation run directly by the Borough of Chesilhurst, including oversight, control and/or fiscal contribution.
- To have total direction and oversight of the performance of others.
- Not supervised or under constant observation.
- Any person involved with a Borough of Chesilhurst-sponsored or cosponsored sports program or league that has regular unsupervised direct access to minors as a result of their involvement with the organization.
- YOUTH-SERVING RECREATION ORGANIZATION or ORGANIZATION
- A corporation, association or other organization, including those with nonprofit status and which provide recreational-related activities or services for persons younger than 18 years of age in connection with Borough of Chesilhurst-sponsored or cosponsored sports programs or leagues.
The Borough of Chesilhurst requests that all employees and volunteers of a youth-serving recreation organization request through the Borough of Chesilhurst Police 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 organization. There shall be a thirty-day grace period for each new employee or volunteer of the youth-serving organization to make application for this criminal history record background check. All coaches must have their fingerprinting and application completed by the end of the thirty-day grace period.
The Borough of Chesilhurst shall conduct a criminal history record background check only upon receipt of the written consent for the check from the prospective or current person with direct unsupervised access to minors.
The organization, or individual being checked, shall bear the costs associated with conducting a criminal history background check in accordance with the fees established by the State Bureau of Identification in the Division of State Police and in accordance with N.J.S.A. 53:1-20.6.
The Division of State Police should inform the Borough of Chesilhurst whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in this article. Any information received by the Borough of Chesilhurst Police Department shall be confidential.
Any person who, by virtue of his or her occupation, is required by statute to undergo a federal and state criminal history record background check similar in nature to the requirements contained herein, and who can provide proof of the results of such background check, is exempt from the requirement hereunder until three years have elapsed since the most current background check.
A person must be disqualified from serving as an employee or volunteer of a youth service recreation organization if that person's criminal history record background check reveals a record of conviction of any of the following crimes and offenses:
In New Jersey, any crime or disorderly person's offense:
Involving danger to the person, meaning those crimes and disorderly persons offenses as set forth in N.J.S.A. 2C:11-1 et seq., such as criminal homicide; N.J.S.A. 2C:12-1 et seq., such as assault, reckless endangerment, threats, stalking; N.J.S.A. 2C:13-1 et seq., such as kidnapping; N.J.S.A. 2C:14-1 et seq., such as sexual assault; or N.J.S.A. 2C:15-1 et seq., such as robbery;
Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq., such as endangering the welfare of a child;
Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; and
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 this section.
Prospective or current employees or volunteers of youth-serving recreation organizations shall submit their name, address, fingerprints and written consent to the organization, or in the case of an individual directly to the Chief of Police, for the criminal history record background check to be performed. The organization shall submit this documentation to the Police Department through the Chief of Police, who shall coordinate the background check and refer the information to the State Police and FBI for the initial check. Thereafter, all subsequent background checks shall be submitted to the Borough of Chesilhurst Chief of Police, who shall coordinate a background check every three years after the date of the initial check.
The Borough of Chesilhurst Police 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 article.
Access to criminal history records information for noncriminal justice purposes, including licenses and employment, is restricted to the members of the review committee, as authorized by federal and state statute, rule or regulation, executive order, administrative code, local ordinance or resolution regarding obtaining and disseminating of criminal history record information obtained under this article.
The review committee shall limit its use of criminal history record information only to the authorized person for which it was obtained and criminal history record information furnished shall not be disseminated to persons or organizations not authorized to receive the records for authorized purposes. Use of this record shall be limited solely to the authorized purpose for which it was given and shall not be disseminated to any unauthorized persons. Any person violating federal or state regulations governing access to criminal history record information may be subject to criminal and/or civil penalties.
If a criminal history record may disqualify an employee or volunteer for any purpose, the review committee's determination shall be provided to the employee or volunteer with an opportunity to complete and challenge the accuracy of the information contained in the criminal history record. The employee or volunteer shall be afforded a reasonable period of time to correct and complete this record. A person is not presumed guilty of any charges or arrests for which there are no final dispositions indicated on the record.
The New Jersey State Police shall make the initial recommendation, based solely on the New Jersey State Statutes, to the Police Department who shall promptly provide notification of the information to the review committee. The Police Department shall advise the review committee whether or not the volunteer is being recommended. The review committee will receive a preprinted form on each individual submitted to the State Police for a background check. One form will be for recommendation and the other will be for rejection. If there is a rejection, the review committee may still allow the employee or volunteer to participate. The New Jersey State Police will make a recommendation based on the record only. It is within the review committee's discretion to overturn the decision of the New Jersey State Police recommendation.
The review committee shall promptly notify the prospective or current employee or volunteer whose criminal history background check revealed a disqualifying conviction. The person shall have 30 days from the receipt of that notice to petition the review committee for a review and cite reasons substantiating the review.
Notwithstanding the provision of § 180-4 of this article, no person shall be disqualified from serving as an employee or volunteer of a nonprofit youth-serving organization on the basis of any conviction disclosed by a criminal history record background check, if the person can affirmatively demonstrate rehabilitation to the review committee. In determining whether a person has affirmatively demonstrated rehabilitation, the review committee shall consider the following factors:
The nature and responsibility of the position which the convicted person would hold or has held, as the case may be;
The nature and gravity of the offense;
The circumstances under which the offense occurred;
The date of the offense;
The age of the person when the offense was committed;
Whether the offense was an isolated or repeated incident;
Any social conditions which may have contributed to the offense; and
Any evidence of rehabilitation, including good conduct, 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 person under their supervision.
The review committee shall promptly advise the organization, in writing, if a current or prospective employee or volunteer whose criminal history record background check reveals a disqualifying offense has affirmatively demonstrated rehabilitation under this section.
This section shall not apply to persons who have been convicted, adjudicated delinquent or acquitted by reason of insanity of aggravated sexual assault; sexual assault; aggravated criminal sexual contact; kidnapping pursuant to paragraph (2) of subsection c. of N.J.S.A. 2C:13.1; endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child pursuant to subsection a. of N.J.S.A. 2C:24-4; endangering the welfare of a child pursuant to paragraph (4) of subsection b. of N.J.S.A. 2C:24-4; luring or enticing pursuant to Section 1 of P.L. 1993, c. 291 (N.J.S.A. 2C:13-6); criminal sexual contact pursuant to N.J.S.A. 2C:14-3b, if the victim is a minor; kidnapping pursuant to N.J.S.A. 2C:13-2; or false imprisonment pursuant to N.J.S.A. 2C:13-3 if the victim is a minor and the offender is not the parent of the victim; knowingly promoting prostitution of a child pursuant to paragraph (3) or paragraph (4) of subsection b. of N.J.S.A. 2C:34-1; or an attempt to commit any of these enumerated defenses.
When the review committee receives written notification from the Police Department stating whether the criminal history record background check of a current or prospective employee or volunteer performed pursuant to the provision of N.J.S.A. 53:1-20.6 reveals a disqualifying offense or stating that the person has affirmatively demonstrated rehabilitation under this act, the organization or review committee shall file that written notification with the Police Department.
The Police Department shall keep all filed written notifications on file for three years from the date it was issued.
The review committee may request the Police Department to review its files to determine if there is written notification on file stating whether a criminal history record background check of a current or prospective employee or volunteer revealed a disqualifying offense or stating that the person has affirmatively demonstrated rehabilitation under this article. A current or prospective employee or volunteer shall not be required to submit to another criminal history record background check if such written notification was issued within the past three years.
No person or entity shall be held liable in any civil or criminal action brought by any party based on any written notification on file with the Police Department pursuant to the provisions of this article.
Failure to comply with this article may result in the Borough of Chesilhurst withholding funding for the program or league, prohibiting the use of facilities and/or prohibiting the use of facility maintenance.