Bill Text: NJ S2612 | 2020-2021 | Regular Session | Introduced
Bill Title: Allows issuance of limited license to individual who would otherwise be denied license due to criminal conviction.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2020-07-22 - Referred to Senate Budget and Appropriations Committee [S2612 Detail]
Download: New_Jersey-2020-S2612-Introduced.html
Sponsored by:
Senator KRISTIN M. CORRADO
District 40 (Bergen, Essex, Morris and Passaic)
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Allows issuance of limited license to individual who would otherwise be denied license due to criminal conviction.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the issuance of professional and occupational licenses to individuals with criminal convictions, and supplementing P.L.2007, c.307 (C.45:1-21.4 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Applicable entity" means a board, committee, or any State body that issues a credential for a profession or occupation.
"Credential" means a license, certificate of registration, certification, or other credential issued in order for an individual to legally perform services of a specific profession or occupation.
2. Notwithstanding the provisions of any law, rule, or regulation to the contrary, if a county correctional facility or the Department of Corrections offers training in a profession or occupation which requires the issuance of a credential in order to engage in the profession or occupation, an applicable entity may issue a limited credential to an individual who has completed that training as an alternative to refusing to issue the credential as a result of a finding that the individual lacks the fitness to engage in the profession or occupation due to a criminal conviction or is otherwise ineligible for a credential due to a criminal conviction. The applicable entity shall determine:
a. the period of time during which the individual may work under a limited credential; and
b. the conditions placed on the limited credential.
3. a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, an individual with a criminal conviction may, pursuant to the provisions of section 2 of this act, demonstrate fitness for issuance of a limited credential by submitting evidence that:
(1) the individual has successfully completed training provided by a county correctional facility or the Department of Corrections for the profession or occupation for which the limited credential is sought by the individual;
(2) while incarcerated, the individual maintained a record of good behavior, including the successful completion of any required rehabilitative programming offered by a county correctional facility or the Department of Corrections;
(3) the individual has not been found to be in violation of probation or parole; and
(4) the individual has demonstrated a commitment to living a law-abiding life, which may be established by a letter of recommendation from the individual's probation officer, parole officer or appropriate official within the county correctional facility or the Department off Corrections, or by any other means, at the discretion of the applicable entity.
b. The applicable entity shall impose conditions on an individual with a limited credential, including:
(1) limiting the scope or location of the individual's practice;
(2) assigning another individual with a credential in the same profession or occupation to reasonably supervise the individual with a limited license during business hours;
(3) requiring notification to the applicable entity when the supervising individual changes; and
(4) any other condition the applicable entity deems appropriate.
4. A limited license provided to an individual pursuant to the provisions of this act shall be immediately revoked if:
a. the individual is convicted of a crime of the first, second, third, or fourth degree, or a disorderly persons offense, or a similar offense in another jurisdiction following the receipt of the limited license; or
b. the individual with a limited license fails to comply with any of the conditions imposed by the applicable entity.
5. Within 30 days of the expiration of the term of the limited license, the supervisor of the individual with the limited license shall provide written notice to the applicable entity as to whether the individual complied with the conditions imposed by that applicable entity. If the individual who was issued the limited license complies with those conditions throughout the term of the license and meets all other qualifications for licensure under the applicable practice act, an unrestricted license shall be issued to practice that profession or occupation by the applicable entity. Nothing in this section shall be construed to limit any of the other powers and duties of the applicable entity.
6. This act shall take effect immediately.
STATEMENT
This bill allows an applicable entity, defined in the bill as "a board, committee, or any State body that issues a credential for a profession or occupation," to issue a limited license if an individual with a criminal conviction successfully completes training offered by a county correctional facility or the Department of Corrections that is necessary in order to practice a specific profession or occupation. The applicable entity is to establish the period of time an individual can work under the limited license and place conditions on the license. An individual seeking a limited license can show their fitness for this license by submitting evidence to the applicable entity that demonstrates successful completion of training, a record of good behavior while incarcerated, and no violations of parole or probation. Letters of recommendation can also be submitted by an appropriate official demonstrating that the individual is committed to living a law-abiding life.
Conditions are to be set by the applicable entity to limit the scope and location of an individual's practice, to assign a supervisor to the individual at the place of employment, and to require the individual with the limited license to notify the entity if there is a change of supervisors. The applicable entity can also impose additional conditions. A limited license is to be revoked if the individual with such license 1) is convicted of a crime of the first, second, third, or fourth degree, or a disorderly persons offense in New Jersey, or a similar offense in another jurisdiction, or 2) fails to comply with the conditions placed on a limited license.
Within 30 days of the expiration of a limited license, the supervisor of the individual with the limited license is to provide written notice to the applicable entity that issued the limited license addressing if the individual complied with all conditions of the license. The applicable entity is to issue an unrestricted license if the individual complied with the conditions of the limited license for the length of the license and meets all of the other qualifications for licensure under the applicable practice act of the profession or occupation. Nothing in this section shall be construed to limit any of the other powers and duties of the applicable entity.
