[HISTORY: Adopted by Ord. No. 1767-03. Amendments noted where applicable.]
The Township Council wishes to ensure that the Township is providing
the safest possible recreational programs for its youths, recently
enacted State Law, N.J.S.A. 125A:3A-1 et seq., permits the Township
to request that the Attorney General's Office conduct a criminal
history record background check on each prospective and current person
with unsupervised direct access to minors participating in any Township
sponsored or co-sponsored program in connection with the Lawrence
Township Recreation Department. The Superintendent of Recreation recommends
that all such current and prospective persons with unsupervised direct
access to minors involved with such youth programs be required to
submit to such criminal history record background checks. The Township
desires that all youth recreation programs using Township facilities
and/or which are funded by the Township in whole or in part, such
as Little League, Youth Football, Youth Basketball, Soccer, and the
like, be required to perform criminal background checks on any person
with unsupervised direct access to minors, as a condition of using
the Township facilities.
Criminal history background checks of persons with unsupervised
direct access to minors of youth serving recreation organization are
required.
As used in this chapter, the following terms shall have the
meanings indicated:
Township provision of funding or facilities, including maintenance
of facilities.
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 Lawrence Township Police Division.
A three member Committee consisting of the Superintendent
of Recreation, Chief of Police and the Municipal Manager 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 Lawrence Township Recreation
Department, including oversight, control and/or fiscal contribution.
To have the direction and oversight of the performance of
others.
Not supervised or under constant observation.
Any person involved with a Lawrence Township sponsored or
co-sponsored sports program or league who 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 provides recreational related
activities or services for persons younger than 18 years of age, in
connection with Lawrence Township sponsored or co-sponsored sports
programs or leagues.
A.
The Township of Lawrence requires that all employees and volunteers
of a youth serving recreation organization request through the Lawrence
Township Police Division 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 applications completed by the end of
the thirty-day grace period.
B.
The Township 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 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. 15A:3A-2d.
D.
The Division of State Police shall inform the Lawrence Township Police Division whether the person's criminal history record background check reveals a conviction of a disqualifying crime or offense specified in § 95-5. Any information received by the Lawrence Township Police Division shall be confidential.
E.
Any person who, by virtue of their 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 has elapsed
since the most current background check.
A.
A person may be disqualified from serving as an employee or volunteer
of a youth serving recreation organization if that person'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 of disorderly persons offense:
(a)
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;
(b)
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;
(d)
Involving any controlled dangerous substance or controlled substance
analog as set forth in Chapter 25 of Title 2C of the New Jersey Statutes
except Subdivision (a)(4) of N.J.S.A. 2C:35-10.
(2)
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 names, address, fingerprints and
written consent to the organization for the criminal history record
background check to be performed. The organization shall submit this
documentation to the Police Division 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 Lawrence Township Chief
of Police, who shall coordinate a background check every three years
after the date of the initial check.
B.
The Lawrence Township Police Division 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 chapter.
A.
Access to criminal history record information for non-criminal justice
purposes, including licensing and employment, is restricted to the
members of the Review Committee, as authorized by federal or 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 section.
B.
The Review Committee shall limit their use of criminal history record
information solely 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 it 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. The New Jersey State Police
shall make the initial recommendation, based solely on the New Jersey
State Statutes, to the Police Department who shall provide the information
to the Review Committee. They shall advise the Review Committee whether
or not the volunteer is being recommended. The Review Committee will
receive a pre-printed 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 New Jersey State Police recommendation.
B.
The Review Committee shall promptly notify a prospective or current
employee or volunteer whose criminal history background check reveals
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.
C.
Notwithstanding the provision of § 95-5, 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 seriousness 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 in prison
or 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 person under their supervision.
D.
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.
E.
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 Subdivision C(2) 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 Subdivision (a) of N.J.S.A.
2C:24-4; endangering the welfare of a child pursuant to Subdivision
(b)(4) 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 Subdivision
(b)(3) and (b)(4) of N.J.S.A. 2C:34-1; or an attempt to commit any of
these enumerated offenses.
F.
When the Review Committee received written notification from the
Police Division 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. 15A:3A-4 reveals a disqualifying
offense or stating that the person has affirmatively demonstrated
rehabilitation under this act, the organization or Review Committee
may file that written notification with the Police Division.
G.
The Police Division shall keep the written notification on file for
three years from the date it was issued.
H.
The Review Committee may request the Police Division 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 act. 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.
I.
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 Division pursuant to the provisions of this section.
Failure to comply with this section may result in the Township
withholding funding for the program or league, prohibiting the use
of facilities, and/or prohibiting the use of facility maintenance.
