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  • NJ A2092
  • Provides for issuance of certificate of rehabilitation to certain offenders with substance abuse disorders.
Introduced
(1/27/2016)
In Committee
(1/27/2016)
Crossed OverPassedSignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill provides for the issuance of a certificate of rehabilitation by the court or State Parole Board to persons who have a substance abuse disorder and have been convicted of certain crimes. Under the provisions of the bill, the certificate may be issued to a person who: (1) has a substance use disorder; (2) has one or more convictions for a crime or offense pursuant to the provisions of Title 2C of the New Jersey Statutes (the criminal code); (3) has refrained from the use of drugs and alcoholic beverages for a minimum of five years; (4) has not been convicted of a crime within the past three years; (5) affirmatively demonstrates rehabilitation by clear and convincing evidence; and (6) has been found by a certified addiction professional to be in remission and stable in his recovery. A person has a substance use disorder under the bill if the person has been evaluated by a certified addiction professional and found to have a substance use disorder as defined in the most current Diagnostic and Statistical Manual of Mental Disorders. In determining whether clear and convincing evidence of rehabilitation has been demonstrated, the bill sets forth various factors to be considered by the court or parole board. The bill provides that an employment application submitted by a person who has been issued a certificate of rehabilitation is not to be denied because the applicant has been previously convicted of one or more crimes or offenses, or by reason of a finding of lack of "good moral character" except when (1) there is a direct relationship between one or more of the previous crimes or offenses and the specific employment sought; and (2) less than 10 years have elapsed since the commission of the most recent crime other than disorderly persons offenses. The bill sets forth the specific factors to be considered by the employer in making this determination. The certificate issued pursuant to the bill is considered presumptive evidence of rehabilitation. The certificate is not to prevent any judicial, administrative, licensing or other body, board, authority, public official or employer from relying on grounds other than the fact of the criminal conviction in exercising any discretionary authority to suspend, revoke, refuse to issue, or to refuse to renew any license, permit or other authority or privilege, or to determine eligibility or suitability for employment. Disabilities, forfeitures and bars that may be suspended and relieved by the certificate include, but are not limited to voting rights; passport restrictions; public and private employment; qualification for a license or certification to engage in the practice of a profession, occupation, or business; admission to an examination to qualify for such a license or certificate; public or private housing; education; and motor vehicle licensure, suspension, or revocation. Finally, the bill provides that persons who have been convicted of certain crimes may not be issued the certificate of rehabilitation.
Law and Public Safety
Introduced, Referred to Assembly Law and Public Safety Committee  (on 1/27/2016)
 
 
Date Chamber Action Description
1/27/2016 A Introduced, Referred to Assembly Law and Public Safety Committee
Date Motion Yea Nay Other
None specified