N.J. Admin. Code § 10:48A-3.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 10:48A-3.4 - Rehabilitation

(a) No individual shall be disqualified from employment, and no community care residence shall be disqualified from housing individuals, on the basis of any conviction if the individual, community care residence applicant, community care residence licensee, community care residence alternate, or community care residence household member has affirmatively demonstrated to the Department, clear and convincing evidence of his or her rehabilitation.

(b) In determining whether an individual has affirmatively demonstrated rehabilitation, the following factors shall be considered:

1. The nature and responsibility of the position which the convicted individual would hold, has held or currently holds;

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 individual 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 program or the recommendation of those who have had the individual under their supervision.

(c) A conviction of a crime or disorderly persons offense against children, as set forth at N.J.S.A. 2C:24-4, permanently disqualifies an individual from employment at a community agency that involves or would involve working directly with a person under 18 years of age, and from being a community care resident applicant, community care licensee, community care alternate, or community care household member.

(d) The individual shall have no longer than 14 days from the date of the written notice of disqualification sent pursuant to N.J.A.C. 10:48A-3.1(c) to provide evidence of rehabilitation to the Department.

(e) The Department shall have no longer than 60 days from the date of receipt of evidence of the individual's rehabilitation to make a determination on the individual's qualification. The Department shall notify the individual and the community agency or community care residence, in writing, of the determination no longer than 60 days from the date of receipt of the evidence. The written notice may be transmitted electronically, if the individual authorizes the Department to transmit the information electronically.

N.J. Admin. Code § 10:48A-3.4

Amended by R.2008 d.296, effective 10/6/2008.
See: 40 N.J.R. 2645(a), 40 N.J.R. 5807(a).
In (d), substituted "Assistant Commissioner" for "Division director".

Amended by 55 N.J.R. 1830(a), effective 8/21/2023