NJAC 13:59-1.4 Prescribed Forms

NJAC13:59-1.4 Prescribed forms (a) Requesters and national requesters shall submit requests for criminal history record information on forms as prescribed by this section and the directions contained in the manual entitled Guidelines for Preparation and Submission of Fingerprint Cards and Other Documents to the State Bureau of Identification (SBI), New Jersey State Police, August, 1997, as amended and supplemented from time to time. The manual and forms are issued to criminal justice agencies by the SBI. Attorneys-at-law may obtain criminal history record information pursuant to N.J.A.C. 13:59-1.2(a)3 upon the payment of the fees prescribed by N.J.A.C. 13:59-1.3 by the lawful issuance of subpoenas. Such subpoenas shall be issued in accordance with applicable rules of court and administrative procedure and shall be on notice to all parties required to receive same. (b) For New Jersey fingerprint identification purposes, an Applicant fingerprint card SBI-19 shall be used. The SBI-19 form shall be signed by the individual whose fingerprints are on the card. (c) A Federal fingerprint card FD-258 shall be submitted by national requesters for information contained in NCIC or other states computerized repositories of CHRI. The FD-258 shall be signed by the individual whose prints are on the card. (d) For name search identification a requester, other than a New Jersey licensed private detective meeting the SBI requirements of 400 submissions per month for bulk, name search identification submissions via facsimile, shall submit a Request for Criminal History Record Information form SBI-212. 1. This form shall be completed in its entirety and shall contain all the information required to complete the check, including the name of the subject, the date of birth of the subject and, when authorized pursuant to (d)2 below, the social security number of the subject. 2. Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a (note), requestors shall advise the subjects of name searches that the furnishing of social security numbers is voluntary and that if provided social security numbers will only be used for purposes of processing requests for criminal history record information. 3. Employers, potential employers, or employment agencies are also subject to the preemployment inquiry provisions of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-12 et seq., and rules adopted by the New Jersey Division of Civil Rights pursuant thereto, including N.J.A.C. 13:7-1.1(g), and applicable Federal civil rights laws. (e) The fees as prescribed in this chapter, if in the form of a check or money order, must be stapled to the front of the SBI-212 form or to the lower left corner of the Applicant fingerprint card SBI-19 and submitted to the State Bureau of Identification for processing.

NJAC 13:59-1.3 Fees CRIMINAL HISTORY RECORD

NJAC13:59-1.3 Fees (a) A fee of $ 30.00 shall be collected by the SBI for the purpose of processing New Jersey criminal history fingerprint record checks and checking them against the information in the central repository of the New Jersey State Police SBI. This fee shall be $ 18.00 for processing New Jersey criminal history fingerprint record checks on: 1. Any person who volunteers with a qualified entity, as that term is defined by the National Child Protection Act of 1993, 42 U.S.C. 5119, 5119c; 2. Any person who volunteers his or her services to an entity that has been qualified by the Internal Revenue System as exempt from Federal income tax pursuant to 26 U.S.C. 501(c)(3); or 3. Any volunteer of a nonprofit youth serving organization. (b) A fee of $ 18.00 shall be collected by the SBI for the purpose of processing criminal history name search identification checks. This fee shall be $ 10.00 for processing a name search on: 1. Any person who volunteers with a qualified entity, as that term is defined by the National Child Protection Act of 1993, 42 U.S.C. 5119, 5119c; 2. Any person who volunteers his or her services to an entity that has been qualified by the Internal Revenue System as exempt from Federal income tax pursuant to 26 U.S.C. 501(c)(3); or 3. Any volunteer of a nonprofit youth serving organization. (c) Notwithstanding (a) above, a state, county or municipal criminal justice agency, fire department or first aid squad may request a fingerprint based check of the New Jersey criminal history repository of the New Jersey State Police SBI on public safety volunteers under their authority. There will be no processing fee associated with this check. (d) In addition to the processing fee established in (a) above, a non-refundable fee in an amount established by the FBI shall be collected from each national requester to pay for the cost of processing of national fingerprint checks of criminal history record information stored in the NCIC or other states repositories of computerized CHRI for noncriminal justice purposes. (e) A $ 10.00 fee shall be collected for the service authorized by N.J.A.C. 13:59-1.8. (f) Unless otherwise provided by law, all fees collected for accessing and disseminating criminal history record information shall be deposited in the Criminal History Record Information Fund. (g) New Jersey State governmental entities may submit a Memo Processed Certificate of Debit and Credit for the applicable amount with each group of submissions to the State Bureau of Identification. (h) Payment shall be made by cashiers check, certified check, money order or ordinary business check. Requesters and national requesters who conduct large volumes of transactions may maintain prepaid accounts with the approval of the Superintendent. Any form or method of payment other than that specified in this section shall be first approved by the Superintendent. A single check or money order shall be drafted to cover all applicable fees prescribed by this chapter and shall be made payable to Division of State Police--SBI. (i) A fee may be collected by a law enforcement agency when it performs the procedure of securing applicant fingerprint images. The law enforcement agencys municipal governing body may assess and retain a fee to an applicant for the performance of this service pursuant to its authority under N.J.S.A. 40:48-1 et seq. to make, amend, repeal and enforce ordinances to fix the fees of any officer, or employee of the municipality for any service rendered in connection with his or her office or position for which no specific fee or compensation is provided. (j) Upon authorization of the Superintendent, the procedure of securing applicant fingerprint images may be performed by a private entity under contract with the State and the applicant shall be assessed a fee which has been established under the contract between the private entity and the State.

NJAC 13:59-1.2 Dissemination CRIMINAL HISTORY RECORD

13:59-1.2 Dissemination for noncriminal justice purposes (a) In addition to any other Federal or state laws, regulations, executive orders, ordinances or resolutions authorizing the dissemination of criminal history record information, the following requesters are authorized to obtain from the SBI all New Jersey criminal history record information from the central repository of SBI for noncriminal justice purposes records of convictions in New Jersey State courts and, regardless of their age, all records of pending arrests and charges for violations of New Jersey laws, unless such records have been expunged pursuant to law: 1. Governmental entities of this State, the Federal government or any other state for any official governmental purposes, including, but not limited to, employment, licensing and the procurement of services; 2. A person or non-governmental entity of any state, that seeks to directly engage the services of the subject of the record, for purposes of determining the subjects qualifications for employment, volunteer work or other performance of services; 3. Attorneys-at-law licensed by any state for use in any contested matters docketed in any state or Federal courts or administrative agencies of any state; 4. Private detectives licensed by the New Jersey Division of State Police pursuant to N.J.S.A. 45:19-8 et seq., for purposes of obtaining information in furtherance of the performance of their statutorily authorized functions, as specifically enumerated by N.J.S.A. 45:19-9(a)1 to 9; and 5. A named individual as prescribed pursuant to N.J.A.C. 13:59-1.7. (b) Requesters authorized by (a)1 and 2 above to obtain criminal history record information shall, on the completed forms or fingerprint cards prescribed pursuant to N.J.A.C. 13:59-1.4, obtain the signatures of the subjects of the requests. Requesters authorized by (a)1 and 2 and (a)4 above shall sign certifications on the forms prescribed by the Division of State Police. The signed certifications shall specify that: 1. The requesters are authorized to receive criminal history record information in conformity with (a) above; 2. That such records shall be used by the requesters solely for the purposes enumerated by the relevant provision of (a) above; 3. That such records will not be disseminated to persons for unauthorized purposes; and 4. That the requesters will otherwise comply with the provisions of N.J.A.C. 13:59-1.6(a). (c) Except in cases of attorneys-at-law and New Jersey licensed private detectives proceeding under (a)3 and 4 above, requesters authorized by (a) above to obtain criminal history record information shall sign certifications on the forms prescribed by the Division of State Police certifying: 1. They will furnish the subjects of their inquiries with adequate notice to complete or challenge the accuracy of the records provided by the SBI; 2. If requested by the subjects of the inquiries, they will provide them with a reasonable period of time to correct or complete any records provided by the SBI; 3. They will not presume guilt for any arrests pending court actions or charges indicated on records received from the SBI; and 4. That they will otherwise comply with the provisions of N.J.A.C. 13:59-1.6(b). (d) With the submission of New Jersey and FBI fingerprint cards pursuant to N.J.A.C. 13:59-1.4, national requesters may obtain from the SBI and FBI all criminal history record information retained on the subject and accessed by the SBI, including all criminal history record information from the central repository of the New Jersey State Police SBI, the National Crime Information Center (NCIC) or other states computerized repositories containing criminal history record information, unless such records have been expunged by law.

NJAC 13:59-1.1 Definitions CRIMINAL HISTORY RECORD BACKGROUN

NJAC13:59-1.1 Definitions The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: Access means to instruct, communicate with, store data in, gain entry into, retrieve data from, disseminate, or otherwise make use of any computer, computer system, computer network, or other element of a central repository. Administration of criminal justice or criminal justice purpose means: 1. The detection, apprehension, detention, pretrial and post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders; 2. The hiring of persons for employment by criminal justice agencies or the granting of access to a criminal justice facility; or 3. Criminal identification activities, including the accessing of the New Jersey Criminal Justice Information System, the National Law Enforcement Telecommunications System (NLETS), National Crime Information Center (NCIC) or other states computerized repositories containing criminal history record information, by criminal justice agencies for the purposes set forth in paragraphs 1 and 2 of this definition. Attorney General means the Attorney General of New Jersey and, when authorized by the Attorney General to access criminal history record information, his or her Assistants and Deputies. Criminal history record information or CHRI means information collected by criminal justice agencies concerning persons and stored in the central repository of the New Jersey State Police SBI, the National Crime Information Center (NCIC) or other states computerized repositories containing criminal history record information consisting of identifiable descriptions and notations of arrests, indictments, or other formal criminal charges, and any dispositions arising therefrom, including convictions, pending court actions, dismissals, acquittals, sentencing, correctional supervision and release. Criminal justice agency means: 1. The courts of the State of New Jersey, any other state or the Federal government; or 2. A governmental entity of the State of New Jersey, any other state or the Federal government which performs functions pertaining to the administration of criminal justice pursuant to statute, ordinance, resolution or regulation, and which allocates a substantial portion of its budget to the administration of criminal justice. Dissemination of criminal history record information means the process whereby the State Bureau of Identification accesses and distributes information from the central repository of the New Jersey State Police SBI, the National Law Enforcement Telecommunications System (NLETS), National Crime Information Center (NCIC) or other states computerized repositories containing criminal history record information. FBI means the Federal Bureau of Investigation in the United States Department of Justice. Fee means that cost established for performing services authorized by this chapter, as set forth in N.J.A.C. 13:59-1.3. Governmental entities means the Federal government or any state, any office, department, division, bureau, board, commission or agency of the Federal government or a state, and any county, municipality, district, public authority, public agency and any other political subdivision or public body within a state. National requesters means persons, agencies or entities who are requesters authorized by a Federal statute or a state statute approved by the FBI, to obtain for a noncriminal justice purpose dissemination of New Jersey, Federal and out-of-State criminal history record information accessed by the State Bureau of Identification from the central repository of the New Jersey State Police SBI, the National Crime Information Center (NCIC) and other states computerized repositories containing criminal history record information. New Jersey Criminal Justice Information System means a computerized network which is under the management and control of the New Jersey State Police. New Jersey Criminal Justice Information System Users Agreement means an agreement signed by a criminal justice agency, the Division of State Police and the Office of Information Technology permitting the criminal justice agency to directly access the computerized databases of the New Jersey Criminal Justice Information System, or NCIC or other states repositories of computerized CHRI for the performance of administration of criminal justice purposes. Noncriminal justice purpose means any purpose, other than administration of criminal justice or criminal justice purpose. Nonprofit youth serving organization means a corporation, association or other organization established pursuant to Title 15 of the Revised Statute, Title 15A of the New Jersey Statutes or other law of this State, but excluding public and nonprofit schools, and which provides recreational, cultural, charitable, social or other activities or services for persons younger than 18 years of age, and is exempt from Federal income taxes. Processing criminal history record checks means the process whereby the SBI compares a set of fingerprints or conducts a name search request with those in its files for a determination as to the criminal history of the person identified by the request. Public safety volunteer means any person who is applying for or performing a public safety task in an unpaid position for a state, county or municipal criminal justice agency, fire department or first aid squad. These tasks are defined as public safety functions normally conducted by paid criminal justice agencies, fire departments or first aid squads, that are now being accomplished by unpaid volunteers. Public servant means any officer or employee of a state or the Federal government or of any political subdivision or public body of a state or the Federal government, including any advisor or consultant retained by government to perform a governmental function. Requester means any person, agency or entity authorized by Federal or state statute, rule or regulation, executive order, administrative code, local ordinance, resolution or by N.J.A.C. 13:59-1.2 to obtain dissemination of CHRI from the central repository of the New Jersey State Police SBI for a noncriminal justice purpose in accordance with this chapter. Securing applicant fingerprint images means the procedure used by a law enforcement agency to obtain an applicants fingerprints on a New Jersey and/or FBI fingerprint card and demographic data for submission to the SBI for processing criminal history record checks. SBI means the State Bureau of Identification created by N.J.S.A. 53:1-12 as a bureau within the Division of State Police. SBI Number Flag means an electronic note entered on or attached to a specific SBI number in the New Jersey Computerized Criminal History System (CCH) indicating that a request has been made for a service authorized by N.J.A.C. 13:59-1.8. SBI Number means the identification number assigned to the criminal history record file of the State Bureau of Identification for a particular individual as identified by fingerprints. Superintendent means the Superintendent of the New Jersey Division of State Police (N.J.S.A. 53:1-2). Volunteer means any individual who is applying for or performing tasks in an unpaid position for a nonprofit youth serving organization, a qualified entity, as that term is defined by the National Child Protection Act of 1993 or an entity that has been qualified by the Internal Revenue Service as exempt from Federal income tax pursuant to 26 U.S.C. 501(c)(3).

NJAC 13:51-1.7 Validity and duration of certification

13:51-1.7 Validity and duration of certification  (a) Initial certification of an operator will be documented by the issuance of a certificate and replica which shows that the operator has completed the required course of training, including the date of the initial course completion and type of approved instrument, or instruments, upon which the operator has been certified. Said certification, as evidenced by the certificate and replica, shall become valid upon satisfactory completion of training for initial certification, as described at N.J.A.C. 13:51-1.6(a), and shall remain valid throughout the remainder of the calendar year corresponding to the date of initial course completion and shall remain valid throughout the next two calendar years. (b) Recertification of an operator will be deemed continued as valid upon the satisfactory completion of training for recertification, as described at N.J.A.C. 13:51-1.6(c). Recertification shall be valid throughout the remainder of the calendar year corresponding to the completion date of the recertification course and shall remain valid throughout the next two calendar years. (c) Reinstatement and recertification of an operator whose certification has become invalid pursuant to N.J.A.C. 13:51-1.8(a), and who has been reinstated and recertified pursuant to N.J.A.C. 13:51-1.8(b) or (c), shall be deemed to be valid for all purposes as of, and from the date of, reinstatement and recertification. This reinstatement and recertification shall thereafter be valid throughout the remainder of the calendar year corresponding to the date of the reinstatement and recertification course and shall remain valid throughout the next two calendar years. (d) The certification of an operator pursuant to N.J.A.C. 13:51-1.6(b), or the recertification of an operator pursuant to N.J.A.C. 13:51-1.6(c) or the reinstatement and recertification of an operator pursuant to N.J.A.C. 13:51-1.6(d), is considered validated when the replica is signed and dated by a Breath Test Coordinator/Instructor and, for certifications under N.J.A.C. 13:51-1.6(b), when the name of the approved instrument is entered on the replica. (e) Certification of an operator with a valid certification for an instrument approved at N.J.A.C. 13:51-3.5(a), other than the instrument upon which the operator was previously trained and certified, shall be valid upon satisfactory completion of training, as described at N.J.A.C. 13:51-1.6(b), from the date of the completion of the training for the remainder of that calendar year and for the next two calendar years.

NJAC 13:51-1.3 Certification

13:51-1.3 Certification (a) For the purpose of prosecution, no operator may conduct a valid analysis of an arrested persons breath under the provisions of N.J.S.A. 39:4-50.3, 39:3-10.25 or 12:7-56, unless such operator has been issued a valid operators certificate which is valid at the time of the analysis of an arrested persons breath and which attests that such operator is then qualified and competent to conduct such analysis utilizing an approved method and an approved instrument as set forth at N.J.A.C. 13:51-3. (b) Certification of a person as a Breath Test Operator shall be by recommendation of the Superintendent of the State Police to the Attorney General upon the satisfactory completion of training as more fully set forth at N.J.A.C. 13:51-1.6. (c) Certificates or replica certificates bearing the signature or facsimile signature of the Superintendent and the Attorney General shall be considered as bearing valid signatures and are not required to bear the signature or facsimile signature of the individual currently holding the office of Superintendent or Attorney General. (d) Certification of a person as a Breath Test Operator is a training certification only. Certification does not mean that a Chief of Police or other executive head of the organized police department of which the Operator is a sworn law enforcement officer must employ or otherwise assign that person to duties consistent with the certification. The decision to assign a law enforcement officer to specific duties is a decision that is solely within the authority and discretion of the employing authority.

NJAC 13:19-1.1 Applicability

13:19-1.1 Applicability The provisions of this subchapter shall apply to administrative hearings in cases involving denial, revocation, suspensions or refusal to renew licenses, examination permits, special learner‘s permits, nondriver identification cards, motorized bicycle licenses, motorized bicycle learner‘s permits, or driving privileges, including cases involving imposition of insurance surcharges pursuant to N.J.S.A. 17:29A-35. However, the provisions of this subchapter shall not apply to hearings in fatal accident cases in which the Commission has initiated administrative suspension action against a licensee pursuant to subsection b, c, or e of N.J.S.A. 39:5-30; requests for hearings and the scheduling and conduct of same in such cases are governed by the provisions of subsection b or e of N.J.S.A. 39:5-30.

NJAC 10A:31-25.9 Notice to Inmate

NJAC 10A:31-25.9 Notice to inmateTITLE 10A. CORRECTIONS  CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM N.J.A.C. 10A:31-25.9 (2012) Form CWR-2 Notification of Admission to Work Release with Specified Conditions shall be used by the County Work Release Administrator to notify the inmate of the courts decision on the inmates application.

NJAC 10A:31-25.8 Job Site Evaluation

NJAC 10A:31-25.8 Job site evaluationTITLE 10A. CORRECTIONS  CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM N.J.A.C. 10A:31-25.8 (2012) (a) The County Work Release Administrator shall be responsible for evaluating all prospective places of employment of inmates in accordance with N.J.S.A. 30:4-91.3 et seq. (b) Whenever possible, work release employment shall be related to prior vocational training, work experience and/or the institutional training of the inmate. (c) The following shall initially be taken into account when evaluating the job site: 1. Working conditions of employees; 2. Potential hazards to health of employees; 3. Credibility of the employer; 4. Verification of a fair rate of pay, not less than minimum wage; 5. Coverage of an appropriate workers compensation plan; 6. Availability of transportation; 7. Duration of the offered employment and benefits; and 8. Proximity to the adult county correctional facility. (d) Inmates shall not be placed in Work Release Program assignments which will result in the displacement of workers employed in the community. (e) Representatives of local union central bodies or similar labor union organizations shall be consulted about the placement of inmates with an employer, when appropriate. (f) If suitable private outside employment cannot be found for an inmate, the inmate may be employed by the county at a fair wage and reasonable hours of work. HISTORY: Amended by R.2000 d.332, effective August 7, 2000. See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a).

NJAC 10A:31-25.7 Application for Admission to Work Release

NJAC 10A:31-25.7 Application for admission to the Work Release ProgramTITLE 10A. CORRECTIONS  CHAPTER 31. ADULT COUNTY CORRECTIONAL FACILITIES  SUBCHAPTER 25. WORK AND VOCATIONAL TRAINING RELEASE PROGRAM N.J.A.C. 10A:31-25.7 (2012) (a) The County Work Release Administrator designated by the governing body of the county or the County Board of Freeholders in accordance with N.J.S.A. 30:8-44 shall be responsible for advising county sentenced inmates that an application may be submitted to the County Work Release Administrator, who shall submit the application to the court for approval or disapproval to participate in the Work Release Program for purposes of employment, vocational training or to care for the offenders family. At any time, a work release order may be revoked by the court that granted the order. (b) An inmate sentenced by the court to an adult county correctional facility, who desires an opportunity to participate in the Work Release Program by being released to the community for employment, vocational training or meeting family needs shall be required to complete and submit Form CWR-1 Application and Agreement for Assignment Under the Work Release Program to the County Work Release Administrator for submission to the court. (c) The County Work Release Administrator shall review and evaluate the information collected on each application and make a recommendation to the court concerning admission to the Work Release Program. The basic information shall include, but is not limited to: 1. Prior criminal history; 2. Detailed information concerning present offense; 3. Detailed information regarding untried criminal charges pending and the current status of these charges; 4. Psychological and psychiatric evaluations, when available; 5. Record of violent or assaultive conduct; 6. Record of violation of financial or public trust; 7. Data on family relationships including responsibility to assist in family maintenance; 8. Work history; 9. Personal health; 10. Record of substance abuse; and 11. Information on job opportunities or vocational programs to meet the inmates needs. (d) The following facts and circumstances shall be viewed as negative factors when considering an inmates application for the Work Release Program: 1. A record of association with organized crime; 2. A record of serious emotional or personality disorders; 3. A record of violent or assaultive behavior; 4. Previous violations of financial or public trust; 5. A high degree of public notoriety which would cause adverse reaction if the inmate were released to the community; 6. Indications that release to the community would be contrary to punitive intention of sentence; and 7. A history which indicates a record of convictions for offenses related to controlled dangerous substances (CDS). HISTORY: Amended by R.2000 d.332, effective August 7, 2000. See: 32 New Jersey Register 1894(a), 32 New Jersey Register 2945(a). Amended by R.2006 d.59, effective February 6, 2006. See: 37 N.J.R. 3201(a), 38 N.J.R. 995(a).