Bill Text: NJ S1505 | 2010-2011 | Regular Session | Introduced
Bill Title: Prohibits members or affiliates of criminal street gangs from being appointed corrections officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-22 - Introduced in the Senate, Referred to Senate Law and Public Safety Committee [S1505 Detail]
Download: New_Jersey-2010-S1505-Introduced.html
Sponsored by:
Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
SYNOPSIS
Prohibits members or affiliates of criminal street gangs from being appointed corrections officers.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning qualifications of corrections officers and amending P.L.1991, c.110.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1991, c.110 (C.30:4-3.11) is amended to read as follows:
1. No person shall be appointed as a corrections officer of any correctional institution assigned, maintained, or operated by the Department of Corrections unless that person:
a. Is a citizen of the United States;
b. Is able to read, write, and speak the English language well and intelligently and has a high school diploma or its equivalent;
c. Is sound in body and of good health;
d. Is of good moral character;
e. Has not been convicted of any offense which would make him unfit to perform the duties of his office; and
f. Has not been identified as a member of, or affiliated with, a criminal street gang as defined in subsection h. of N.J.S.2C:44-3.
(cf: P.L.1991, c.110, s.1)
2. Section 2 of P.L.1991, c.110 (C.30:8-18.1) is amended to read as follows:
2. No person shall be appointed as a corrections officer of any county correctional institution unless that person:
a. Is a citizen of the United States;
b. Is able to read, write, and speak the English language well and intelligently and has a high school diploma or its equivalent;
c. Is sound in body and of good health;
d. Is of good moral character;
e. Has not been convicted of any offense which would make him unfit to perform the duties of his office; and
f. Has not been identified as a member of, or affiliated with, a criminal street gang as defined in subsection h. of N.J.S.2C:44-3.
(cf: P.L.1991, c.110, s.2)
3. This act shall take effect immediately.
STATEMENT
This bill specifies that a person may not be appointed as a State or county corrections officer if he or she has been identified as a member of, or affiliated with, a criminal street gang.
The qualifications to be a State or county corrections officer under current law include: being a United States citizen; being able to read, write, and speak the English language well and intelligently and having a high school diploma or its equivalent; being sound in body and of good health; being of good moral character; and not having a conviction for any offense which would make the person unfit to perform the duties of his office. This bill would add the qualification that the person cannot have been identified as a member of, or affiliated with, a criminal street gang.
The bill defines a criminal street gang as three or more persons associated in fact. Persons are associated in fact if (1) they have in common a group name or identifying sign, symbol, tattoo or other physical marking, style of dress or use of hand signs or other indicia of association or common leadership, and (2) individually or in combination with other members of a criminal street gang, while engaging in gang related activity, have committed, conspired or attempted to commit, within the preceding three years, two or more offenses of robbery, carjacking, aggravated assault, assault, aggravated sexual assault, sexual assault, arson, burglary, kidnapping, extortion, or certain controlled dangerous substance violations.
Reportedly, gang members are attempting to procure corrections officer positions in State and county correctional facilities so they can provide special treatment to inmate gang members and gain access to confidential gang information. This bill would help prevent gang members or affiliates from procuring these positions.
This is one bill in a package of bills introduced in response to the findings and recommendations of the Assembly Prison Gang Violence Task Force which issued its final report on December 12, 2006.
