New Jersey Statutes 9:3-40.5. Disqualification of staff member for employment
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| crime of the first degree | between 10 and 20 years | up to $200,000 |
| crime of the second degree | between 5 and 10 years | up to $150,000 |
| disorderly persons offense | up to 6 months | up to $1,000 |
Terms Used In New Jersey Statutes 9:3-40.5
- Conviction: A judgement of guilt against a criminal defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes corporations, companies, associations, societies, firms, partnerships and joint stock companies as well as individuals, unless restricted by the context to an individual as distinguished from a corporate entity or specifically restricted to one or some of the above enumerated synonyms and, when used to designate the owner of property which may be the subject of an offense, includes this State, the United States, any other State of the United States as defined infra and any foreign country or government lawfully owning or possessing property within this State. See New Jersey Statutes 1:1-2
- State: extends to and includes any State, territory or possession of the United States, the District of Columbia and the Canal Zone. See New Jersey Statutes 1:1-2
a. In New Jersey, any crime or disorderly persons offense as follows:
(1) a crime against a child, including endangering the welfare of a child and child pornography pursuant to N.J.S.2C:24-4;
(2) abuse, abandonment or neglect of a child pursuant to R.S.9:6-3;
(3) endangering the welfare of an incompetent person pursuant to N.J.S.2C:24-7;
(4) sexual assault, criminal sexual contact or lewdness pursuant to N.J.S. 2C:14-2 through N.J.S.2C:14-4;
(5) murder pursuant to N.J.S. 2C:11-3 or manslaughter pursuant to N.J.S.2C:11-4;
(6) stalking pursuant to section 1 of P.L.1992, c.209 (C. 2C:12-10);
(7) kidnapping and related offenses including criminal restraint, false imprisonment, interference with custody, criminal coercion, or enticing a child into a motor vehicle, structure or isolated area pursuant to N.J.S. 2C:13-1 through N.J.S. 2C:13-5 and section 1 of P.L.1993, c.291 (C. 2C:13-6);
(8) arson pursuant to N.J.S.2C:17-1, or causing or risking widespread injury or damage, which would constitute a crime of the second degree pursuant to N.J.S.2C:17-2;
(9) aggravated assault, which would constitute a crime of the second or third degree pursuant to subsection b. of N.J.S.2C:12-1;
(10) robbery, which would constitute a crime of the first degree pursuant to N.J.S.2C:15-1;
(11) burglary, which would constitute a crime of the second degree pursuant to N.J.S.2C:18-2;
(12) domestic violence pursuant to P.L.1991, c.261 (C. 2C:25-17 et al.);
(13) terroristic threats pursuant to N.J.S.2C:12-3; or
(14) an attempt or conspiracy to commit any of the crimes or offenses listed in paragraphs (1) through (13) of this subsection.
b. In any other state or jurisdiction, of conduct which, if committed in New Jersey, would constitute any of the crimes or disorderly persons offenses described in subsection a. of this section.
c. Notwithstanding the provisions of this section to the contrary, a staff member shall not be disqualified from employment at an approved agency under this act on the basis of any conviction disclosed by a criminal history record background check performed pursuant to this act without an opportunity to challenge the accuracy of the disqualifying criminal history record pursuant to the provisions of section 7 of P.L.2003, c.186 (C. 53:1-20.9d).
d. If a staff member is convicted of a crime specified in subsection a. of this section, the staff member shall be terminated from employment at the agency, except that the department may approve the staff member’s employment at the agency if all of the following conditions are met:
(1) the department determines that the crime does not relate adversely to the position the staff member is employed in pursuant to the provisions of P.L.1968, c.282 (C. 2A:168A-1 et seq.);
(2) the conviction is not related to a crime committed against a child, as specified in subsection a. of this section;
(3) the agency documents that the staff member’s employment at the agency does not create a risk to the safety or well-being of children due to the nature and requirements of the position; as necessary, the agency shall identify restrictions regarding the staff member’s contact with, care, or supervision of children;
(4) the agency documents that the staff member is uniquely qualified for the position due to specific skills, qualifications, characteristics or prior employment experiences; and
(5) the department determines that the staff member has affirmatively demonstrated rehabilitation, pursuant to the factors specified in subsection b. of section 5 of this act.
L.2008, c.114, s.4.