Bill Text: NJ S1452 | 2010-2011 | Regular Session | Introduced
Bill Title: Allows security officer applicant to demonstrate rehabilitation if previously convicted of crime.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2010-05-10 - Withdrawn from Consideration [S1452 Detail]
Download: New_Jersey-2010-S1452-Introduced.html
Sponsored by:
Senator SHIRLEY K. TURNER
District 15 (Mercer)
SYNOPSIS
Allows security officer applicant to demonstrate rehabilitation if previously convicted of crime.
CURRENT VERSION OF TEXT
As introduced.
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, 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. Notwithstanding the provisions of subsection c. of this section to the contrary, 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:
(1) Nature and seriousness of the crime;
(2) Circumstances under which the crime occurred;
(3) Date of the crime;
(4) Age of the person when the crime was committed;
(5) Whether the crime was an isolated or repeated incident;
(6) Social conditions which may have contributed to the crime; and
(7) 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.
(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.
Specifically, the bill adds a provision that would permit an individual, otherwise disqualified from registering as a security officer because of a conviction disclosed by a background check, to be able to qualify for employment if the individual has affirmatively demonstrated to the superintendent clear and convincing evidence of the individual's rehabilitation.
In determining whether an individual has affirmatively demonstrated rehabilitation to the superintendent, the following factors shall 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.
