ASSEMBLY, No. 4401

STATE OF NEW JERSEY

221st LEGISLATURE

INTRODUCED MAY 16, 2024

 


 

Sponsored by:

Assemblywoman† VICTORIA A. FLYNN

District 13 (Monmouth)

Assemblyman† GERRY SCHARFENBERGER

District 13 (Monmouth)

 

 

 

 

SYNOPSIS

†††† Establishes New Jersey Human Trafficking Criminal Registry; requires establishment of educational curricula related to human trafficking.

 

CURRENT VERSION OF TEXT

†††† As introduced.

††


An Act establishing the New Jersey Human Trafficking Criminal Registry, amending P.L.2013, c.51, and supplementing Title 2C of the New Jersey Statutes.

 

†††† Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

†††† 1.††† (New section)† a. †The Attorney General shall establish and maintain the New Jersey Human Trafficking Criminal Registry.† The† registry shall make available to the citizens of this State, through the creation of an online database, information relating to any person convicted of certain human trafficking offenses who is either incarcerated, on parole, or participating in a residential community release program in this State.

†††† b.††† Information relating to persons convicted of the following crimes shall be included on the registry: human trafficking pursuant to P.L.2013, c.51 (C.2C:13-8); providing services, resources, or assistance with the knowledge that the services, resources, or assistance are intended to be used in furtherance of the commission of the crime of human trafficking pursuant to P.L.2013, c.51 (C.2C:13-9); and advertising commercial sexual abuse of a minor pursuant to P.L.2013, c.51 (C.2C:13-10).

†††† c.†††† The registry shall be subdivided into four categories, which shall be subdivided as follows, and shall include the following information:

†††† (1) Category 1 - any person incarcerated for one of the crimes set forth in subsection b. of this section: the incarcerated personís name; sentence imposed for the conviction; place of incarceration; parole eligibility or release date, as appropriate; and criminal history record information;

†††† (2) Category 2 - any person convicted of one of the crimes set forth in subsection b. of this section who is released on parole: the paroleeís name; term of parole supervision; address; anticipated parole discharge date; and criminal history; and

†††† (3) Category 3 - †any person convicted of one of the crimes set forth in subsection b. of this section who is participating in a residential community release program: the personís name; sentence; address where the person is residing while participating in the program; anticipated release date; and criminal history record information.

†††† (4) Category 4 - any person convicted in another jurisdiction of a crime that is substantially similar to those set forth in subsection b. of this section, but who, pursuant to the Interstate Corrections Compact, P.L.1973, c.15 (C.30:7C-1 et seq.), are released on parole in this State: the paroleeís name; term of parole supervision; jurisdiction imposing the term of parole supervision; address; anticipated parole discharge date; and criminal history record information.

†††† d.††† The Attorney General may adopt guidelines to effectuate the purposes of this act.

†††† e.†††† No action shall be brought against a real estate broker, broker-salesperson, salesperson, seller, or lessor for failure to investigate or disclose any information from the registry that is compiled or made available to the citizens of this State pursuant to this section.

 

†††† 2.††† Section 19 of P.L.2013, c.51 (C.2C:13-12) is amended as follows:

†††† 19. †a. †The Police Training Commission, in consultation with the Attorney General and the Director of the Division of Criminal Justice in the Department of Law and Public Safety, shall develop and approve, as part of the police training courses required pursuant to P.L.1961, c.56 (C.52:17B-66 et seq.), mandatory courses of study on the identification, handling, response procedures, investigation, and prosecution of human trafficking cases. These mandatory courses shall be reviewed at least every two years and modified from time to time as need may require.

†††† b. †(1) The Department of Community Affairs, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop, approve, and provide for a one-time training course on the handling and response procedures of suspected human trafficking activities for owners, operators, and staff of hotels and motels as defined in the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.); or alternatively, the department, in consultation with the commission, shall approve a substantially similar one-time training course for use by hotels and motels in providing training to owners, operators, and staff.† The department, in consultation with the commission, shall define by regulation which staff positions are required, as a condition of employment, to attend the one-time training course.† Verifiable completion of the training course by required staff shall be a condition of issuance, maintenance, or renewal of any license, permit, certificate, or approval required, permitted to be granted, or issued to owners or operators under the provisions of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.).† The training course shall be reviewed at least every two years and modified by the department, in consultation with the commission, from time to time as need may require.

†††† (2)†† The Department of Community Affairs, through its oversight and enforcement authority provided under the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-1 et seq.), shall be responsible for ensuring that all hotel and motel owners, operators, and required staff attend the one-time training course within one year of the enactment of this section in the case of all current owners, operators, and required staff engaging in their respective profession on the effective date of this section, and within six months of the first day of ownership, operation, or employment for all new owners, operators, and required staff who initially engage in their respective profession on a date that follows the effective date.†

†††† (3)†† The Department of Community Affairs shall make available the training materials for the one-time training course to hotel and motel owners, operators, and required staff in order for the owners, operators, and required staff to fulfill the one-time training requirement set forth in this subsection.

†††† c. †(1) The Department of Health, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), shall develop, approve, and provide for a one-time training course on the handling and response procedures of suspected human trafficking activities for employees of every licensed health care facility as defined in section 2 of P.L.1971, c.136 (C.26:2H-2), including those professionals whose professional practice is regulated pursuant to Title 45 of the Revised Statutes; or alternatively, the department, in consultation with the commission, shall approve for use a substantially similar one-time training course provided by a recognized Statewide nonprofit healthcare trade association with demonstrated experience in providing course offerings to health care facility employees on similar workplace matters.† The Department of Health shall ensure that its training program for employees of licensed health care facilities includes, but is not limited to, the following information: the causes and nature of human trafficking, risk factors, and preventive measures; resources available to victims of human trafficking; proper screening procedures for patients during the course of a medical examination or treatment to determine whether the patient may be a victim of human trafficking; procedures for conducting a comprehensive evaluation to identify indicators that a patient may be a victim of human trafficking; and procedures for appropriately documenting in a patientís medical record any indicators of human trafficking.

†††† The department, in consultation with the commission and the approved nonprofit course provider, if any, shall define by regulation which employees are required, as a condition of their employment, to attend the one-time training course. Verifiable completion of the training course by required employees shall be a condition of issuance, maintenance, or renewal of any license, permit, certificate, or approval required, permitted to be granted, or issued to licensed health care facilities under the provisions of P.L.1971, c.136 (C.26:2H-1 et al.).† The training course shall be reviewed at least every two years and modified by the department, in consultation with the commission and the approved nonprofit course provider, if any, from time to time as need may require.

†††† (2)†† The Department of Health, through its oversight and enforcement authority provided under P.L.1971, c.136 (C.26:2H-1 et al.), shall be responsible for ensuring that all required employees of licensed health care facilities attend the one-time training course within one year of the enactment of this section in the case of all current employees engaging in their respective profession on the effective date of this section, and within six months of the first day of employment for all new employees who initially engage in their respective profession on a date that follows the effective date.† If an approved nonprofit course provider is involved in providing the one-time training course to new employees who initially engage in their respective profession on a date that follows the effective date of this section, then the nonprofit course provider shall provide the training course at least once every six months in order for these employees to meet the six-month training deadline established by this paragraph.

†††† (3)†† The Department of Health shall make available the training materials for the one-time training course to required employees, or to the approved nonprofit course provider, if any, in order for the required employees to fulfill the one-time training requirement set forth in this subsection.

†††† The Department of Health shall also create appropriate educational materials for employees of health care facilities to make available to patients seeking medical care regarding the causes and nature of human trafficking, risk factors, and preventive measures; and the availability of resources for victims of human trafficking.

†††† d. †(1) The Administrative Office of the Courts shall develop and approve a training course and a curriculum to raise awareness of judges and judicial personnel on the seriousness of the crime of human trafficking, its impact on human rights and the need to adequately implement anti-trafficking laws, including not only the prosecution and sentencing of defendants charged with human trafficking, but the need to respect and restore rights and needs of victims of human trafficking.† This training course shall be reviewed at least every two years and modified by the Administrative Office of the Courts from time to time as need may require.

†††† (2)†† The Administrative Office of the Courts shall make the training course, curriculum, and supporting materials available to appropriate judges and judicial personnel who may be involved with the court-related aspects of human trafficking prosecutions through annual in-service judicial training programs or other means.†

†††† e.†††† Pursuant to section 2 of P.L.2013, c.51 (C.52:17B-238), the Attorney General, in consultation with the Commission on Human Trafficking established by section 1 of P.L.2013, c.51 (C.52:17B-237), may provide for the expenditures of monies from the "Human
Trafficking Survivor's Assistance Fund" to assist with the development, maintenance, revision, and distribution of training course materials for the courses developed in accordance with this section, and the operation of these training courses.†

†††† f.†††† The Attorney General, in conjunction with the Commissioner† of Transportation, shall establish advisories for transportation companies that operate in New Jersey, including bus, train, and air carriers, to provide employee training regarding recognizing and reporting suspected human trafficking.

(cf: P.L.2013, c.51, s.19)

 

†††† 3.††† (New section) †The Attorney General, in conjunction with the Commissioner of the Department of Education, shall expand human trafficking education throughout this State by:

†††† a. Introducing age-appropriate human trafficking prevention education into middle school and high school curricula; and

†††† b. Incorporating topics such as online safety, healthy relationships, recognizing grooming tactics, and seeking help for oneself or others who may be at risk of becoming a victim of human trafficking into elementary school, middle school, and high school curricula, in an age-appropriate manner.

 

†††† 4. †This act shall take effect on the first day of the sixth month following enactment.† The Attorney General may take such anticipatory action as is necessary for the implementation of this act.

 

 

STATEMENT

 

†††† This bill establishes the New Jersey Human Trafficking Criminal Registry to make available to the citizens of this State, information relating to any person convicted of certain human trafficking offenses who is either incarcerated, on parole, or participating in a residential community release program in this State.

†††† The registry is to be subdivided into four categories, with each category to include the following information: (1) an incarcerated personís name, sentence imposed for the conviction, place of incarceration, parole eligibility or release date, and criminal history record information; (2) a paroleeís name, term of parole supervision, address, anticipated parole discharge date, and criminal history; (3) a residential community release program participantís name, sentence, address where the person is residing while participating in the program, anticipated release date, and criminal history record; and (4) information relating to persons convicted in another jurisdiction of a similar crime who is released on parole in this State.

†††† Further, the bill requires the Attorney General† to work in conjunction with the Commissioners of other New Jersey Departments to expand human trafficking law enforcement training throughout this State; expand human trafficking education for employees of health care facilities, and educators throughout this State; and establish advisories for transportation companies that operate in New Jersey. ††