Township of Plumsted, NJ Chapter 14A Criminal History Records, Release of

§ 14A-1 Policy.

It is the declared policy of the Township that subsequent to the passage of this chapter criminal history record checks, including, if necessary, the fingerprinting of applicants, shall be required for all persons in the following instances:

A. All applicants for employment.

B. All employees previously hired when it appears they failed to complete their employment application concerning prior criminal record or where it appears they misrepresented their prior criminal record.

C. All principal persons listed on applications for Alcoholic Beverage Control licenses and renewals.

D. All persons for whom a police investigation must be performed in regard to an application for a license from the Township.

§ 14A-2 Fees for record check.

A. In all instances of §§ 14A-1A and B, there shall be no fee charged to the applicant.

B. In the instances of §§ 14A-1C and D, the applicant shall be charged with the following fees per person to be checked:

(1) Eight dollars ($8) for a name check only.

(2) Twelve dollars ($12) for a fingerprint card check.

(3) Twenty-six dollars ($26) for a federal and state applicant card check.

§ 14A-3 Confidentiality.

All information secured as a result of the criminal history record check shall be confidential and shall be released only to appropriate officials of the Township of Plumsted involved in reviewing and acting on applications.

§ 14A-4 Procedure.

A. All applicants shall complete an appropriate request for criminal history record information, including a security check authorization as an applicant for noncriminal justice employment and all other instances.

B. The security check authorization shall indicate that any criminal history record information shall be released to the Township of Plumsted Police Department.

C. The completed request form shall be forwarded to the Township Police Department and the Police Department shall thence forward same to the New Jersey State Police, State Bureau of Identification, for report.

D. In the event that the Police Department requests it, an applicant shall be fingerprinted by the Police Department.

E. The Police Department shall advise the Mayor and Township Committee and the Township Clerk of the result of the criminal history record check on all applicants.

§ 14A-5 Megan's law.

[Ord. #95-08, § 14A-5]

An ordinance providing for the registration of certain sex offenders pursuant to P.L. 1994, Chapter 133 as amended, and community notification when a sex offender is released from a correctional facility or moves into the Township of Plumsted, pursuant to P.L. 1994, Chapter 128, as amended, and Guidelines promulgated by the Ocean County Prosecutor's Office.

§ 14A-6 Applicable crimes.

Persons convicted of the following sexual offenses, who reside in the Township of Plumsted, shall register with the Plumsted Township Police Department:

A. Aggravated sexual assault;

B. Sexual assault;

C. . Aggravated criminal sexual contact;

D. Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of a child;

E. Luring or enticing a child into a motor vehicle;

F. Kidnapping someone under age sixteen (16) pursuant to 2C:13-1c(2);

G. Criminal restraint if the victim is a minor and the offender not a parent;

H. Criminal sexual contact if victim is a minor;

I. False imprisonment, if the victim was a minor and the offender was not a parent.

[Ord. #95-08, § 14A-6]

§ 14A-7 Registration requirements.

A. Any person convicted, adjudicated delinquent, or found not guilty by reason of insanity, of these offenses who has been released from custody since October 31, 1994 must register.

B. Any person who was on probation, parole or on community service on or after October 31, 1994, for any of the above mentioned offenses must also register.

C. Any person who has been convicted, adjudicated delinquent or found not guilty by reason of insanity, of any of the above offenses, at any time in the past, who has been found to be "repetitive and compulsive" by the Court, must register regardless of the date of conviction or adjudication.

[Ord. #95-08, § 14A-7]

§ 14A-8 Registration procedure.

[Ord. #95-08, § 14A-8]

Sex offenders shall be photographed and fingerprinted. A copy of the fingerprint form, the offender registration form and a photo of the registrant shall be forwarded by the Police Department to the Ocean County Prosecutor's Office. The original fingerprint card shall be forwarded to the New Jersey State Police, Division Headquarters.

§ 14A-9 Classification of sex offender registrants and notification procedure.

A. Pursuant to state law, the Ocean County Prosecutor's Office shall classify sex offenders in one of the following three (3) levels:

(1) Tier One is a low risk for re-offense and notification is to the Plumsted Township Police Department only.

(2) Tier Two is a moderate risk for re-offense. A sex offender is entitled to a judicial hearing prior to community notification by the Plumsted Police Department being given to:

(a) All local schools

(b) Licensed day care centers and summer camps

(c) Community organizations involving the care of children and other victims of crime whose registration with the Plumsted Police Department has been approved by the Ocean County Prosecutors Office. Such community organizations eligible for notification approval shall include, but not be limited to;

[i] Community Crime Watch Programs

[ii] Parent-Teachers Organization

[iii] Boy and Girl Scouts

[iv] Rape victim support groups

[v] Women's advocacy groups

(3) Tier Three is the highest risk for re-offense. The Ocean County Prosecutor's office shall have the responsibility for providing the mechanism to notify the community at large. Prior to community notification, a sex offender is entitled to a judicial hearing. The Plumsted Police Department shall confirm the residency of the registrant prior to notification.

[Ord. #95-08, § 14A-9]

§ 14A-10 Records of Notification.

A. The Plumsted Township Police Department shall maintain separate records in notebooks for each tier category. The books shall contain the notification forms and photographs of the registrants.

(1) Tier One offender notices are intended for the sole use of law enforcement agencies.

(2) Tier Two offender notices shall be reviewable by law enforcement or by community organizations which are qualified for notification as specified in § 14A-9A2, or by school officials, upon compliance with all applicable sections of this §§ 14A-5 through 14A-12, state law and the Ocean County Prosecutor's Office guidelines.

(3) Tier Three offender notifications are open to inspection by the general public in the normal course of business, upon compliance with all applicable sections of this §§ 14A-5 through 14A-12, state law and Ocean County Prosecutor's Office guidelines.

[Ord. #95-08, § 14A-10]

§ 14A-11 Designate coordinator.

[Ord. #95-08, § 14A-11]

There shall be established within the Plumsted Police Department a coordinator, whose name shall be forwarded to the Ocean County Prosecutor's Office, to fulfill and effectuate the requirements of this ordinance, applicable state law and guidelines of the Ocean County Prosecutor's Office.

§ 14A-12 Violation and penalties.

[Ord. #95-08, § 14A-12]

Unless otherwise provided by law, statute or ordinance, any person charged with violating any of the provisions of this §§ 14A-3 through 14A-12 shall, upon conviction thereof, pay a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) and be subject to imprisonment for any term not exceeding ninety (90) days, or both.