[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.
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.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
A.
In New Jersey, any crime or disorderly person's
offense:
(1)
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;
(2)
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;
(3)
Involving theft as set forth in Chapter 20 of Title
2C of the New Jersey Statutes; and
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 this section.
A.
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.
B.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
D.
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:
(1)
The nature and responsibility of the position which
the convicted person would hold or has held, as the case may be;
(2)
The nature and gravity of the offense;
(3)
The circumstances under which the offense occurred;
(4)
The date of the offense;
(5)
The age of the person 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,
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.
E.
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.
F.
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.
G.
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.
H.
The Police Department shall keep all filed written
notifications on file for three years from the date it was issued.
I.
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.
J.
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.
