New Jersey Statutes 26:2K-65.1. Disqualification, EMT certification; criminal history record background check; rehabilitation
Attorney's Note
Under the New Jersey Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| disorderly persons offense | up to 6 months | up to $1,000 |
Terms Used In New Jersey Statutes 26:2K-65.1
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
- 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
An EMT certified by the department prior to the effective date of P.L.2023, c.229 (C. 26:2K-65.1 et al.) who has not undergone a criminal history record background check, shall undergo the criminal history record background check as a condition of that individual’s recertification following the effective date of P.L.2023, c.229 (C. 26:2K-65.1 et al.).
A follow-up criminal history record background check of federal records shall be conducted at least once every three years as a condition of recertification for every EMT.
b. An EMT candidate shall be disqualified from certification if that candidate’s criminal history record background check reveals a record of conviction of any of the following crimes or offenses:
(1) In New Jersey, any crime or disorderly persons offense:
(a) involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S. 2C:11-1 et seq., N.J.S. 2C:12-1 et seq., N.J.S. 2C:13-1 et seq., N.J.S. 2C:14-1 et seq., or N.J.S. 2C:15-1 et seq.;
(b) involving arson as set forth in N.J.S. 2C:17-1 or causing or risking widespread injury or damage as set forth in N.J.S.2C:17-2;
(c) involving forgery and fraudulent offenses as set forth in chapter 21 of Title 2C of the New Jersey Statutes;
(d) against the family, children, or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S. 2C:24-1 et seq.;
(e) involving theft as set forth in chapter 20 of Title 2C of the New Jersey Statutes;
(f) involving any controlled dangerous substance or controlled substance analog as set forth in chapter 35 of Title 2C of the New Jersey Statutes; or
(g) that would qualify the person for registration pursuant to section 2 of P.L.1994, c.133 (C. 2C:7-2).
(2) In any other state or jurisdiction, of any crime or disorderly persons offense involving conduct which, if committed in this State, would constitute any of the crimes or disorderly offenses described in paragraph (1) of this subsection.
c. Except for a disqualification based on conviction for a crime enumerated in subparagraph (g)of paragraph (1) of subsection b. of this section or a crime in any other state or jurisdiction involving conduct which, if committed in this State, would constitute a crime enumerated in subparagraph (g) of paragraph (1) of subsection b. of this section, a person shall not be disqualified from licensure on the basis of any conviction disclosed by a criminal history record background check performed pursuant to the requirements of this act if the person has affirmatively demonstrated to the commissioner clear and convincing evidence of the person’s rehabilitation.
In determining whether a person has affirmatively demonstrated rehabilitation, the following factors shall be considered:
(1) the nature and responsibility of the position which the convicted person would hold, has held or currently holds, as the case may be;
(2) the nature and seriousness of the offense;
(3) the circumstances under which the offense occurred;
(4) the date of the offense;
(5) the age of the person when the offense was committed;
(6) whether the offense was an isolated or repeated incident;
(7) any social conditions which may have contributed to the offense; and
(8) 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 those who have had the person under their supervision.
d. If a person subject to the provisions of sections 1 through 4 of P.L.2023, c.229 (C. 26:2K-65 through 26:2K-65.3) refuses to consent to, or cooperate in, the securing of a criminal history background check, the commissioner shall, as applicable:
(1) not issue an EMT certification; or
(2) revoke the person’s EMT certification.
L.2023, c.229, s.2.