Bill Text: NJ S449 | 2012-2013 | Regular Session | Introduced
Bill Title: Allows security officer applicant to demonstrate rehabilitation if previously convicted of crime.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-06 - Referred to Senate Budget and Appropriations Committee [S449 Detail]
Download: New_Jersey-2012-S449-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Hunterdon and Mercer)
SYNOPSIS
Allows security officer applicant to demonstrate rehabilitation if previously convicted of crime.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the regulation of security officers and amending P.L.2004, c.134
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.2004, c.134 (C.45:19A-4) is amended to read as follows:
4. a. No person shall be employed as, or perform the functions and activities of, a security officer unless that person is registered with the superintendent as required in this section. Any person who violates the provisions of this section shall be guilty of a crime of the fourth degree.
b. An application for registration as a security officer shall be filed with the superintendent on a form and in a manner prescribed by the superintendent and shall set forth under oath:
(1) the applicant's full name, age, which shall be at least 18 years, and residence;
(2) the name and address of all employers or occupations engaged in for the immediately preceding five years;
(3) that the applicant has not been convicted of any disqualifying crime or offense as set forth in subsection c. of this section; and
(4) such further information as the superintendent may require to show the good character, competency and integrity of the applicant.
Any person who shall knowingly make a false statement in, or knowingly omit any material information from, an application as required by this subsection shall be guilty of a crime of the fourth degree in addition to any other crime or offense specified by law.
c. [No] Except as provided in subsection h. of this section, no person shall be issued a certificate of registration as a security officer under the provisions of this section if the person has been convicted, as indicated by a criminal history record background check performed pursuant to the provisions of this section, of: a crime of the first, second, third or fourth degree; any offense involving the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2; or any offense where the registration of the individual would be contrary to the public interest, as determined by the superintendent. Each applicant shall submit to the superintendent the applicant's fingerprints and written consent for a criminal history record background check to be performed. The superintendent shall compare these to fingerprints on file with the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation, consistent with applicable State and federal laws, rules and regulations. The applicant shall bear the cost for the criminal history record background check, including all costs of administering and processing the check.
d. A person whose application has been approved by the superintendent shall complete the required education and training program established in section 5 of this act. Upon satisfactory completion of this program, and upon the payment of a fee in an amount established by the superintendent, the applicant shall be entitled to and the superintendent shall issue and deliver to the applicant a security officer certificate of registration.
e. The superintendent may revoke or suspend such certificate of registration for a violation of any of the provisions of this act or for other good cause. A certificate of registration shall be surrendered to the superintendent within 72 hours after its term has expired or after notice in writing to the holder that the certificate of registration has been revoked.
f. The certificate of registration shall be renewed every two years upon forms prescribed by the superintendent and payment of a fee in an amount established by the superintendent by rule and regulation. The certificate of registration may be renewed without further investigation unless it is deemed by the superintendent that the applicant no longer qualifies or verified objections to the renewal are received by the superintendent prior to issuance.
g. The revocation or suspension of any certificate of registration by the superintendent shall be subject to notice and a hearing.
h. (1) Notwithstanding the provisions of subsection c. of this section to the contrary and except as provided paragraph (2) of this subsection, no applicant shall be disqualified from registration on the basis of any conviction disclosed by a criminal history record background check conducted pursuant to this section if that applicant has affirmatively demonstrated to the superintendent clear and convincing evidence of rehabilitation. In determining whether clear and convincing evidence of rehabilitation has been demonstrated, the following factors shall be considered:
(a) Nature and seriousness of the crime;
(b) Circumstances under which the crime occurred;
(c) Date of the crime;
(d) Age of the person when the crime was committed;
(e) Whether the crime was an isolated or repeated incident;
(f) Social conditions which may have contributed to the crime; and
(g) 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 persons who have or have had the applicant under their supervision.
(2) The provisions of this subsection shall not apply to a person convicted of a crime of the first or second degree or a sex offense as defined in subsection b. of section 2 of P.L.1994, c.133 (C.2C:7-2).
(cf: P.L.2004, c.134, s.4)
2. This act shall take effect immediately.
STATEMENT
This bill amends the "Security Officer Registration Act" which requires security officers who are employed by a security officer company to register with the Superintendent of State Police.
The bill permits certain individuals who would otherwise be disqualified from registering as a security officer because of a conviction disclosed by a background check to qualify for employment if the individual has affirmatively demonstrated to the superintendent clear and convincing evidence of the individual's rehabilitation. The bill provides that persons convicted of a crime of the first or second degree or a sex offense for which registration is required under Megan's Law would not be able to qualify for employment under this bill.
In determining whether an individual has affirmatively demonstrated rehabilitation to the superintendent, the following factors are to be considered:
· Nature and seriousness of the crime;
· Circumstances under which the crime occurred;
· Date of the crime;
· Age of the person when the crime was committed;
· Whether the crime was an isolated or repeated incident;
· Social conditions which may have contributed to the crime; and
· 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 persons who have or have had the applicant under their supervision.
