01/13/08
We have read the governor’s proposal to reform CORI and would like to respond to it. We have long awaited this proposal and had high hopes of its content. This governor has been very open to listening to CORI reform advocates and that is very much appreciated. He shows a genuine interest in fixing some of the problems that have been presented to him.
The governor’s proposal does address some important issues such as lowering the waiting period to seal records from 10 to 5 for misdemeanors and 15 to 10 for felonies.
Governor Patrick’s proposal falls very short on one main issue, non-conviction and dismissed records. While he did allow for shielding and sealing records of convicted criminals after 5 or 10 years much to our surprise he failed to take any action to shield or seal non-conviction and dismissed records immediately or within a more reasonable timeframe. This is an enormous failure of his proposal that cannot be overlooked. It makes one wonder why would the Governor offer to assist convicted criminals while punishing those who were found not guilty in a court of law.
Unfortunately, because of this we cannot support the governor's proposal as it is written.
In addition we also do not support a blanket lifetime ban on any and all sex related charges(conviction and non-convictions) which can never be sealed. We also oppose the expansion of disseminating all CORI records which includes juvenile and adult sealed records to all law enforcement agencies.
There are several other portions of the bill which we oppose but these were the primary objections.
We suggest that everyone contact not only Governor Patrick but their representatives, Senate President Therese Murray and Speaker of the House Salvatore F. DiMasi and inform them not to support Governor Patrick’s CORI reform bill unless language to automatically seal all non-conviction and dismissed records is amended to the bill.
Governor Patrick's Press Release on CORI Reform
Governor Patrick's Executive Order
Governor Patrick's Proposed Bill
Sunday, January 13, 2008
Saturday, January 12, 2008
BWA on Gov Patricks CORI Reform Bill
www.BostonWorkersAlliance.org
Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
FOR IMMEDIATE RELEASE Contact: Aaron Tanaka
January 12, 2008 (617) 359-0336
atanaka@bostonworkersalliance.org
GOVERNOR PATRICK MOVES TO REFORM CRIMINAL RECORDS SYSTEM:
Advocates and Community Residents Applaud Action, But Fear Proposal Is Lacking Boston, MA – On Friday afternoon, Governor Deval Patrick released his much-anticipated proposal to reignin the state’s Criminal Offender Record Information (CORI) system. After campaigning to increase employment opportunities for those with CORI, community and advocacy organizations wrangled with Patrick’s office to follow through on his promises during the first year of his administration. In April of 2007, the Boston Workers Alliance led an unprecedented march of over 1,000 CORI reform supporters and 50 civic organizations to the State House, claiming that a second chance in employment for ex-offenders will increase public safety and reduce criminal activity.
In the second week of the New Year, Patrick released his CORI reform bill, which is milder than the popular CORI reform proposal, “The Public Safety Act” H.1416. Still, Patrick’s proposal includes key provisions to reduce the waiting period to seal a criminal record if an individual has maintained good behavior since the original charge. Current laws require an extreme 15-year waiting period to seal felonies, and a 10-year waiting period to seal misdemeanors. Patrick’s bill calls for reduction to 10 years and 5 years, respectively, while the Public Safety Act called for 7 years and 3 years based on statistical data around the low likelihood of recidivism after 3 years of good behavior. Sex offenses may never be sealed under the Governor’s sealing proposals, and law-enforcement agencies would retain full access to sealed records.
The Governor also signed an Executive Order that directs State agencies to only check criminal records if an applicant is determined to be qualified for a job, and also requires for entities that receive CORIs to undergo a training on properly reading and using the sensitive information.
The Order also directs the Executive Office of Health and Human Services to undo blanket “no-CORI” regulations that prevent ex-offenders from working in state funded health and human service agencies. The Executive Order also enhances education for victims and witnesses of crime regarding their rights to obtain CORI, and excludes sexual and domestic violence from crimes that can be overlooked by employers.
While advocates hail the Governor’s proposal as a victory and a step in the right direction, there are glaring omissions in the areas of limiting employers’ access to juvenile records, removing dismissed and not guilty cases from a CORI, and removing the “box” on job applications that are used to weed out candidates before even considering their skills or the nature of their offense. Overlooking these critical remedies leave some community leaders skeptical of the Governor’s proposal, and underscores the need for the public to pressure lawmakers to support the Governor’s Bill while demanding the incorporation of these additional reforms.
###
http://www.bostonworkersalliance.org/
Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
SUMMARY OF GOVERNOR PATRICK’S PROPOSED CORI REFORM BILL
AN ACT TO REDUCE RECIDIVISM BY INCREASING EMPLOYMENT OPPORTUNITIES
1. Expand the composition of the Criminal History Systems Board (CHSB) to include crime
victims, employers, workforce developers, and ex-offender rehabilitation providers.
2. The CHSB shall have the authority to hear complaints alleging that criminal records have
been unlawfully disseminated or obtained, and to impose civil fines not to exceed five
thousand dollars for each knowing violation.
3. The secretary of public safety will appoint an executive director who is responsible for
data processing and management of CORI information.
4. Private employers that not required by law to check criminal records, shall not receive
records from the CHSB that are eligible for to be sealed.
5. Any person who knowingly requests, obtains, uses, sells, communicates CORI reports
under false pretenses, or willfully falsifies any criminal records, shall be fined up to five
thousand dollars, or imprisoned in a jail for not more than one year, or both.
6. Reduce the waiting period to seal a felony conviction from 15 years to 10 years,
dependent on good behavior during those 10 years.
7. Reduce the waiting period to seal a misdemeanor from 10 years to 5 years, dependent on
good behavior during those 5 years.
8. Sex offenses shall never be eligible for sealing.
9. Criminal justice agencies retain immediate access to any sealed adult or juvenile CORI
http://www.bostonworkersalliance.org/
Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
SUMMARY OF GOVERNOR PATRICK’S EXECUTIVE ORDER ON CORI
REGARDING THE USE AND DISSEMINATION OF CRIMINAL RECORD INFORMATION BY THE
EXECUTIVE DEPARTMENT
Section 1:
The Executive Department will only conduct and consider a criminal background check
where an potential employee has been determined to be qualified for the position, and the
content of a criminal record is relevant to the job at hand.
Aside from sexual or domestic violence against adults or children, charges that did not result
in a conviction finding should not be considered.
All Executive Departments are required to amend its employment practices to reflect these
policies no later than March 31, 2008. These policies impact the employment of
Massachusetts’ public employees.
Section 2:
Executive Office of Health and Human Services will revise its CORI regulations to allow
individuals with criminal backgrounds a fair opportunity to be employed in its agencies as
well as in any vendor programs that receive State Health and Human Service funding.
EOHHS regulations should:
(a) provide applicants with information on their rights to dispute the relevance and accuracy
of any CORI;
(b) document and consider evidence of rehabilitation in making employment decisions;
(c)specify strong penalties for vendors that to not adhere to the new regulations;
(d) streamline and simplify current CORI requirements.
Section 3:
Criminal History Systems Board (CHSB) will require employers to undergo training and pass
a written examination on properly reading a criminal record as a requirement for obtaining or
renewing certification to access CORI.
Section 4:
The CHSB CORI Unit will develop an electronic learning system to enhance the training of
entities that receive CORI reports.
Section 5:
The CHSB will increase auditing to ensure that CORI and juvenile data is accessed,
reviewed, and stored in accordance with all applicable laws. The CORI Unit will also ensure
that all employers that check CORIs comply with regulations that require employers to
provide individuals with a copy of their CORI report and an opportunity to discuss the
relevancy and accuracy of the report.
http://www.bostonworkersalliance.org/
Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
Section 6:
Executive Office of Public Safety and Security (EOPSS), Executive Office of Labor and
Workforce Development (EOLWD), and the CHSB will:
(a) educate the public on existing options to seal and correct criminal records;
(b) educate employers on permissible questions about criminal history in employment
applications;
(c) educate crime victims and witnesses about their rights of access to CORI.
Section 7:
The EOPSS will conduct a pilot program to evaluate the feasibility and cost of adding
fingerprinting to CORI reports.
Section 8:
The EOPPS and the CHSB will study the cost of updating the procedures for (a) sealing and
correcting records, and (b) improving the readability of CORI reports
Section 9:
The EOLWD will convene a Task Force to provide recommendations to the Governor on
best practices for pre- and post- release training programs that facilitate employment and
education.
Section 10:
The EOLWD will create a grant program for workforce developers to fund the best practices
recommended in Section 9.
Section 11:
The CHSB and the Department of Housing and Community Development (DHCD) will
review the use of CORI in housing decisions. New recommendations should aim to:
(a) increase the consistency in how CORIs are used in housing decisions;
(b) ensure that denials for housing based on CORI only occurs in instances involving a risk
to public safety or to individual victims or witnesses;
(c) address the needs of individuals and families who are denied housing based on CORI;
(d) educate housing managers on appropriate use of CORI;
(e) streamline the CORI review process so that housing placement delays are minimized.
Section 12:
Nothing in this Executive Order shall be construed to require action inconsistent with any
applicable state or federal law.
http://bostonworkersalliance.org/index.php/?p=261
Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
FOR IMMEDIATE RELEASE Contact: Aaron Tanaka
January 12, 2008 (617) 359-0336
atanaka@bostonworkersalliance.org
GOVERNOR PATRICK MOVES TO REFORM CRIMINAL RECORDS SYSTEM:
Advocates and Community Residents Applaud Action, But Fear Proposal Is Lacking Boston, MA – On Friday afternoon, Governor Deval Patrick released his much-anticipated proposal to reignin the state’s Criminal Offender Record Information (CORI) system. After campaigning to increase employment opportunities for those with CORI, community and advocacy organizations wrangled with Patrick’s office to follow through on his promises during the first year of his administration. In April of 2007, the Boston Workers Alliance led an unprecedented march of over 1,000 CORI reform supporters and 50 civic organizations to the State House, claiming that a second chance in employment for ex-offenders will increase public safety and reduce criminal activity.
In the second week of the New Year, Patrick released his CORI reform bill, which is milder than the popular CORI reform proposal, “The Public Safety Act” H.1416. Still, Patrick’s proposal includes key provisions to reduce the waiting period to seal a criminal record if an individual has maintained good behavior since the original charge. Current laws require an extreme 15-year waiting period to seal felonies, and a 10-year waiting period to seal misdemeanors. Patrick’s bill calls for reduction to 10 years and 5 years, respectively, while the Public Safety Act called for 7 years and 3 years based on statistical data around the low likelihood of recidivism after 3 years of good behavior. Sex offenses may never be sealed under the Governor’s sealing proposals, and law-enforcement agencies would retain full access to sealed records.
The Governor also signed an Executive Order that directs State agencies to only check criminal records if an applicant is determined to be qualified for a job, and also requires for entities that receive CORIs to undergo a training on properly reading and using the sensitive information.
The Order also directs the Executive Office of Health and Human Services to undo blanket “no-CORI” regulations that prevent ex-offenders from working in state funded health and human service agencies. The Executive Order also enhances education for victims and witnesses of crime regarding their rights to obtain CORI, and excludes sexual and domestic violence from crimes that can be overlooked by employers.
While advocates hail the Governor’s proposal as a victory and a step in the right direction, there are glaring omissions in the areas of limiting employers’ access to juvenile records, removing dismissed and not guilty cases from a CORI, and removing the “box” on job applications that are used to weed out candidates before even considering their skills or the nature of their offense. Overlooking these critical remedies leave some community leaders skeptical of the Governor’s proposal, and underscores the need for the public to pressure lawmakers to support the Governor’s Bill while demanding the incorporation of these additional reforms.
###
http://www.bostonworkersalliance.org/
Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
SUMMARY OF GOVERNOR PATRICK’S PROPOSED CORI REFORM BILL
AN ACT TO REDUCE RECIDIVISM BY INCREASING EMPLOYMENT OPPORTUNITIES
1. Expand the composition of the Criminal History Systems Board (CHSB) to include crime
victims, employers, workforce developers, and ex-offender rehabilitation providers.
2. The CHSB shall have the authority to hear complaints alleging that criminal records have
been unlawfully disseminated or obtained, and to impose civil fines not to exceed five
thousand dollars for each knowing violation.
3. The secretary of public safety will appoint an executive director who is responsible for
data processing and management of CORI information.
4. Private employers that not required by law to check criminal records, shall not receive
records from the CHSB that are eligible for to be sealed.
5. Any person who knowingly requests, obtains, uses, sells, communicates CORI reports
under false pretenses, or willfully falsifies any criminal records, shall be fined up to five
thousand dollars, or imprisoned in a jail for not more than one year, or both.
6. Reduce the waiting period to seal a felony conviction from 15 years to 10 years,
dependent on good behavior during those 10 years.
7. Reduce the waiting period to seal a misdemeanor from 10 years to 5 years, dependent on
good behavior during those 5 years.
8. Sex offenses shall never be eligible for sealing.
9. Criminal justice agencies retain immediate access to any sealed adult or juvenile CORI
http://www.bostonworkersalliance.org/
Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
SUMMARY OF GOVERNOR PATRICK’S EXECUTIVE ORDER ON CORI
REGARDING THE USE AND DISSEMINATION OF CRIMINAL RECORD INFORMATION BY THE
EXECUTIVE DEPARTMENT
Section 1:
The Executive Department will only conduct and consider a criminal background check
where an potential employee has been determined to be qualified for the position, and the
content of a criminal record is relevant to the job at hand.
Aside from sexual or domestic violence against adults or children, charges that did not result
in a conviction finding should not be considered.
All Executive Departments are required to amend its employment practices to reflect these
policies no later than March 31, 2008. These policies impact the employment of
Massachusetts’ public employees.
Section 2:
Executive Office of Health and Human Services will revise its CORI regulations to allow
individuals with criminal backgrounds a fair opportunity to be employed in its agencies as
well as in any vendor programs that receive State Health and Human Service funding.
EOHHS regulations should:
(a) provide applicants with information on their rights to dispute the relevance and accuracy
of any CORI;
(b) document and consider evidence of rehabilitation in making employment decisions;
(c)specify strong penalties for vendors that to not adhere to the new regulations;
(d) streamline and simplify current CORI requirements.
Section 3:
Criminal History Systems Board (CHSB) will require employers to undergo training and pass
a written examination on properly reading a criminal record as a requirement for obtaining or
renewing certification to access CORI.
Section 4:
The CHSB CORI Unit will develop an electronic learning system to enhance the training of
entities that receive CORI reports.
Section 5:
The CHSB will increase auditing to ensure that CORI and juvenile data is accessed,
reviewed, and stored in accordance with all applicable laws. The CORI Unit will also ensure
that all employers that check CORIs comply with regulations that require employers to
provide individuals with a copy of their CORI report and an opportunity to discuss the
relevancy and accuracy of the report.
http://www.bostonworkersalliance.org/
Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
Section 6:
Executive Office of Public Safety and Security (EOPSS), Executive Office of Labor and
Workforce Development (EOLWD), and the CHSB will:
(a) educate the public on existing options to seal and correct criminal records;
(b) educate employers on permissible questions about criminal history in employment
applications;
(c) educate crime victims and witnesses about their rights of access to CORI.
Section 7:
The EOPSS will conduct a pilot program to evaluate the feasibility and cost of adding
fingerprinting to CORI reports.
Section 8:
The EOPPS and the CHSB will study the cost of updating the procedures for (a) sealing and
correcting records, and (b) improving the readability of CORI reports
Section 9:
The EOLWD will convene a Task Force to provide recommendations to the Governor on
best practices for pre- and post- release training programs that facilitate employment and
education.
Section 10:
The EOLWD will create a grant program for workforce developers to fund the best practices
recommended in Section 9.
Section 11:
The CHSB and the Department of Housing and Community Development (DHCD) will
review the use of CORI in housing decisions. New recommendations should aim to:
(a) increase the consistency in how CORIs are used in housing decisions;
(b) ensure that denials for housing based on CORI only occurs in instances involving a risk
to public safety or to individual victims or witnesses;
(c) address the needs of individuals and families who are denied housing based on CORI;
(d) educate housing managers on appropriate use of CORI;
(e) streamline the CORI review process so that housing placement delays are minimized.
Section 12:
Nothing in this Executive Order shall be construed to require action inconsistent with any
applicable state or federal law.
http://bostonworkersalliance.org/index.php/?p=261
Friday, January 11, 2008
EXECUTIVE ORDER - Regarding CORI
THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE DEPARTMENT
STATE HOUSE BOSTON 02133
(617) 725-4000
DEVAL L. PATRICK
GOVERNOR
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR
By His Excellency
DEVAL L. PATRICK
GOVERNOR
EXECUTIVE ORDER NO.
Regarding the Use and Dissemination of Criminal
Offender Record Information by the Executive Department
WHEREAS, the Commonwealth has compelling interests in
ensuring public safety, providing services to vulnerable populations,
providing employers with a motivated and qualified workforce, and
errlpowering individuals to obtain gainful employment and housing;
WHEREAS, maintaining accurate and up-to-date criminal
offender record information ("CORI") and sex offender record
information is cr~~citao lt he operation and integrity of the criminal
justice system, and to protecting the safety and security of crime
victims and vulnerable populations;
WHEREAS, gainful employment for rehabilitated offenders
reduces recidivism and increases the likelihood of successful reintegration
into society, and maintaining accurate CORI is necessary
to ensure that individuals are not unfairly denied access to
errlployment and housing opportunities;
WHEREAS, the existence of a criminal record should not be an
automatic and permanent disqualification for employment, and as the
iargest singie employer in the Comrnonweaith, state government
should lead by exarr~plein being thoughtful about its use of CORI in
employment decisions;
WHEREAS, enabling public and private err~ployersa nd housing.
providers to interpret CORl accurately and to understand their
statutory and regulatory obligations with respect to CORl will improve
the fairness of the employment and housing processes;
WHEREAS, the ongoing modernization by the
Commonwealth's trial courts of their information systems will create
the opportunity, going forward, to produce understandable CORl
reports that are easier to read, and will also provide opportunities for
more nuanced and sophisticated sorting of the data included in CORI;
WHEREAS, the Criminal History Systenis Board ("CHSB")
estimates that more than 750,000 criminal records are eligible for
immediate sealing under the current laws of the Commonwealth;
WHEREAS, educating individuals about their legal rights
regarding their court records will improve their prospects for
employment and housing;
WHEREAS, the Executive Office of Health and Human
Services ("EOHHS") and most agencies under the Secretariat have
separate regulations for reviewing criminal records of candidates for
employment, thereby resulting in some confusion;
WHEREAS, the current EOHHS and agency regulations for
reviewing criminal records s~~ppothret Commonwealth's unwavering
commitment to protect the vulnerable populations it serves;
WHEREAS, the regulations of EOHHS and its agencies.may
impose unnecessary obstacles to employment opportunities for
qualified, rehabilitated individuals with criminal backgrounds and can
be strengthened to ensure that the rights of such individuals are
protected without compromising the safety and well-being of clients;
WHEREAS, the Executive Office of Public Safety and Security
("EOPSS"), the EOUW, the Executke Qffice of Labs ai;d LA,,!er(ibree
Development ("EOLWD"), the Department of Housing and
Community Development and other executive agencies of the
Commonwealth should serve as leaders in considering the
importance and value of balancing public safety and victim rights with
the successful reintegration of rehabilitated individuals by reviewing
and modeling their policies to ensure corr~pliancew ith the law and to
remove any unnecessary barriers to employment and housing
opportunities.
NOW, THEREFORE, I, Deval L. Patrick, Governor of the
Commonwealth of Massachusetts, by virtue of the authority vested in
me by the Consti,t~~tioPna, rt 2. c. 2, § 1, Art. 1, do hereby order as
foIlows:
Section 1. It shall be the policy of the Executive Department
with respect to employment decisions that a criminal background
check will only occur, and its results will only be considered, in those
instances where a current or prospective employee shall have been
deemed otherwise qualified and the content of a criminal record is
relevant to the duties and qualifications of the position in question.
Such instances will include, without limitation, those in which a
criminal conviction creates a statutory disqualification for the posi.tion,
or the position requires interaction with vulnerable pop~llationsa nd a
criminal background check is necessary to ensure that the applicant
does not pose a public safety risk.
In implementing this policy, .the employer sho~~clodn sider the
nature and circumstances of any past criminal conviction; the date of
the offense; the sentence imposed and the length of any period of
incarceration; any reasonably available information concerning
compliance with conditions of parole or probation, including orders of
no contact with victims and witnesses; the individual's conduct and
experience in the time since .the offense, including, but not limited to,
educational or professional certifications obtained since the time of
the offense or other evidence of rehabilitation; and the relevance of
the conviction to .the duties and qualifications of the position in
question. Charges that did not result in a conviction will be
considered only in circumstances in which the nature of the charge
relates to sexual or domestic violence against- adults or children,
consistent ?~?/lEt.hxe cutive Order No. 491, Estzblishing a Policy of
Zero Tolerance for Sexual Assault and Domestic Violence, or
otherwise indicates that the matter has relevance to the duties and
responsibilities of the position in question.
Each agency in the Executive Department shall examine and, if
necessary, amend its employment practices and policies to reflect the
policy set forth in this Section and in Executive Order No. 491. The
Secretary of each Executive Office shall be responsible for ensuring
that each agency within her Secretariat conducts this review. All
Secretaries shall report to the Commonwealth's Chief Human
Resources Officer the results of their review and the steps taken to
comply with this policy no later than March 31, 2008. Thereafter, the
Chief Human Resources Officer shall take whatever actions are
necessary and appropriate to ensure that this policy is implemented
fully.
Section 2. The EOHHS, in consultation with agencies under
the Secretariat and the Massachusetts Office for Victim Assistance,
shall promulgate a consolidated set of regulations that provide clear
guidelines to be followed by EOHHS and its agencies, as well as their
vendor programs, when reviewing the criminal records of current or
prospective employees.
Without compromising the Secretariat's commitment to ensure
the safety and security of .the vulnerable populations it serves, the
EOHHS regulations shall ensure rehabilitated individuals with criminal
backgrounds be given a fair opporturlity to be err~ployeda nd
reintegrate successfully into the workforce.
The EOHHS regulations shall ensure that the rights of current
and prospective errrployees are protected by (a) providing individuals
with information regarding EOHHS hiring policies and procedures
regarding CORl and individuals' rights to dispute the accuracy and
relevancy of any CORI; (b) creating a systematic means for
employers to document all factors taken into consideration, including
evidence of rehabilitation, in making employn~endt ecisions; (c)
specifying strong penalties for vendors that fail to comply with any
requirement; and (d) streamlining and simplifying, wherever possible,
current CORl procedures and requirements.
Section 3. The executive staff of the CHSB shall draft and
submit to the board for approval regulations requiring that any entity
certified to obtain access to CORl under the provisions of G.L. .c. 6,
§§ 172(b) and (c) shall participate in prescribed training and pass a
written examination as a condition of such entity's obtaining
certification, or renewal of its certification, in accordance with G.L. c.
6, § 172 and 803 CMR 3.00.
Section 4. The CHSB CORI Audit, Training, and Corr~pliance
Unit (the "Unit") shall, consistent with CHSB's appropriations and
staffing, develop and maintain an electronic learning system to
enhance the training of entities certified under the provisions of G.L.
c. 6, 9s 172(b) and (c) to obtain access to CORI. The electronic
learning system shall include, but not be limited to, the following
subjects: the reading and interpretation of disposition codes and
CORI reports; the statutory and regulatory rights of current and
prospective employees; the responsibilities of employers with respect
to access, review, storage, and dissemination of CORI; and
consideration of the relevance of a criminal record to the duties and
qualifications of various positions.
Section 5. The Unit shall, consistent with CHSB's
appropriations and staffing, increase its auditing of CORI-certified
entities to ensure that CORI and juvenile data is accessed, reviewed,
and stored appropriately and in accordance with all applicable
statutes and regulations. The Unit shall ensure that all CORI-certified
entities maintain written policies regarding their use of CORI and
comply with existing regulations that require providing individuals with
a copy of their CORI report and an opportunity to discuss the
relevancy and accuracy of the report.
Section 6. The EOPSS, the CHSB, and the EOLWD together
shall launch a coordinated, comprehensive, and targeted public
education campaign to (a) raise awareness among the public
regarding time frames and mechanisms for the sealing and correcting
of criminal records; (b) educate err~ployersa bout the permissibility of
questions in employment applications and interviews as well as rr-~les
concerning the storage, dissemination, retention, and use of CORI;
and (c) educate crime victims and witnesses about .their rights of
access to GO!?!. -The edncatinna! mate ria!^ de\te!oped sha!! be made
available to the public in a variety of media and formats, including, but
not limited to, posters and brochures provided at various agencies
within the Executive Department that have regular contact with the
public and/or employers.
Section 7. The EOPSS, the CHSB, and the Department of
State Police shall request the cooperation of the Administra1:ive Office
of the Trial Court ("AOTC") and the Office of the Commissioner of
Probation ("OCPJ1i)n conducting a pilot program or programs in
selected district courts to evaluate the feasibility and cost of biometric
identification of all defendants arraigned in criminal cases in the
courts of the Commonwealth in order to create a biometric index for
criminal records. The EOPSS shall report to the Governor on the
results and recommendations of such pilot programs no later than
December 31,2008.
Section 8. In addition, the EOPSS and .the CHSB shall seek
the assistance of the AOTC and OCP in exploring the feasibility and
cost of (a) improving the existing administrative system for correcting
and sealing existing criminal records and (b) improving the.
presentation, readability, and ability to sort and classify CORl records
created using technology prior to AOTC's implementation of the
"MassCourts" information system.
The EOPSS, the CHSB, and the Department of State Police, in
conjunction with the EOHHS, shall also conduct a study of the
feasibility, desirability, and cost of providing access to the 50-state
conviction data contained in the Interstate 1dentifical:ion Index ("Ill") to
entities certified to receive CORl under G.L. c. 6, § 172(b).
The EOPSS shall report to the Governor on the results and
recommendations of the studies and initiatives set forth in this
Section 8 no later than March 31, 2008.
Section 9. The EOLWD shall establish and coordinate an
interagency task force consisting of representatives from the following
agencies: the EOHHS, the-Department of Correction, the Department
of Workforce Development, the Massachusetts Parole Board, the
Board of Higher Education, the Division of Apprentice Training, .the
Association of Massachusetts Comrr~unityC olleges, the Di\!Isior! of
Professional Licensure, and the Massachusetts Sheriffs Association.
The Task Force shall review existing pre-release and post-release
training programs for ex-offenders in the Commonwealth and shall
make recommendations on replicating successful pre- and postrelease
training programs that facilitate employment and educational
training.
The Task Force shall report to the Governor on the res~~latnsd
recornmenda.l:ions of its studies and initiatives as set forth in this
section no later than March 31, 2008.
Section 10. The EOLWD shall, subject to appropriation,
establish a competitive grant program for local workforce investment
boards and one-stop career centers to allow for implementation of
comprehensive basic education training and job placement services
for ex-offenders. A grant program established for this purpose shall
incorporate the recommendations outlined by the Task Force
established under Section 9.
The EOLWD shall .further implement additional performance
standards for the one-stop career system that will promoteand
measure performance on job placement services for ex-offenders.
Section 11. The CHSB, the Department of Housing and
Community Development ("DHCD"), and the Department of
Transitional Assistance ("DTA") shall review existing federal and state
laws, regulations, and program requirements governing the collection
and use of CORI in connection with the consideration of granting or
denying housing opportunities to othewise eligible households.
Without corr~promisingth e Commonwealth's ongoing commitment to
public safety and security, the CHSB, DHCD and DTA shall make
recommendations concerr~ingre gulatory amendments and other
measures that could be implemented to: (a) increase the consistency
and uniformity of the treatment of CORI in making such housing
decisions; (b) ensure that discretionary CORI-based denials of
housing occur only in instances involving a risk to public safety or to
individual victims or witnesses; (c) address the needs of individuals or
families who are denied housing based on CORI; (d) develop and
launch a campaign to better educate owners and managers of multifamily
housing concerning CORI; and (e) strearrrline .the CORI review
process so that housing placement delays are mitigated and reduced.
Section 12. Nothing in this Executive Order shall be construed
to require action inconsistent with any applicable state or federal law.
Section 13. This Execu,l:ive Order shall remain in effect until
amended, superseded, or revoked by subsequent Executive Order.
GBoivsetonn a tth tihse /E/ xC,dea yu tiveo fC Jhaanmuabreyr iinn the
year of our Lord two thousand and eight,
and of the Independence of the United
States of America two hundred and
GOVERNOR
Commonwealth of Massachusetts
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth
GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS
http://www.cjpc.org/ExecutiveOrder.pdf
EXECUTIVE DEPARTMENT
STATE HOUSE BOSTON 02133
(617) 725-4000
DEVAL L. PATRICK
GOVERNOR
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR
By His Excellency
DEVAL L. PATRICK
GOVERNOR
EXECUTIVE ORDER NO.
Regarding the Use and Dissemination of Criminal
Offender Record Information by the Executive Department
WHEREAS, the Commonwealth has compelling interests in
ensuring public safety, providing services to vulnerable populations,
providing employers with a motivated and qualified workforce, and
errlpowering individuals to obtain gainful employment and housing;
WHEREAS, maintaining accurate and up-to-date criminal
offender record information ("CORI") and sex offender record
information is cr~~citao lt he operation and integrity of the criminal
justice system, and to protecting the safety and security of crime
victims and vulnerable populations;
WHEREAS, gainful employment for rehabilitated offenders
reduces recidivism and increases the likelihood of successful reintegration
into society, and maintaining accurate CORI is necessary
to ensure that individuals are not unfairly denied access to
errlployment and housing opportunities;
WHEREAS, the existence of a criminal record should not be an
automatic and permanent disqualification for employment, and as the
iargest singie employer in the Comrnonweaith, state government
should lead by exarr~plein being thoughtful about its use of CORI in
employment decisions;
WHEREAS, enabling public and private err~ployersa nd housing.
providers to interpret CORl accurately and to understand their
statutory and regulatory obligations with respect to CORl will improve
the fairness of the employment and housing processes;
WHEREAS, the ongoing modernization by the
Commonwealth's trial courts of their information systems will create
the opportunity, going forward, to produce understandable CORl
reports that are easier to read, and will also provide opportunities for
more nuanced and sophisticated sorting of the data included in CORI;
WHEREAS, the Criminal History Systenis Board ("CHSB")
estimates that more than 750,000 criminal records are eligible for
immediate sealing under the current laws of the Commonwealth;
WHEREAS, educating individuals about their legal rights
regarding their court records will improve their prospects for
employment and housing;
WHEREAS, the Executive Office of Health and Human
Services ("EOHHS") and most agencies under the Secretariat have
separate regulations for reviewing criminal records of candidates for
employment, thereby resulting in some confusion;
WHEREAS, the current EOHHS and agency regulations for
reviewing criminal records s~~ppothret Commonwealth's unwavering
commitment to protect the vulnerable populations it serves;
WHEREAS, the regulations of EOHHS and its agencies.may
impose unnecessary obstacles to employment opportunities for
qualified, rehabilitated individuals with criminal backgrounds and can
be strengthened to ensure that the rights of such individuals are
protected without compromising the safety and well-being of clients;
WHEREAS, the Executive Office of Public Safety and Security
("EOPSS"), the EOUW, the Executke Qffice of Labs ai;d LA,,!er(ibree
Development ("EOLWD"), the Department of Housing and
Community Development and other executive agencies of the
Commonwealth should serve as leaders in considering the
importance and value of balancing public safety and victim rights with
the successful reintegration of rehabilitated individuals by reviewing
and modeling their policies to ensure corr~pliancew ith the law and to
remove any unnecessary barriers to employment and housing
opportunities.
NOW, THEREFORE, I, Deval L. Patrick, Governor of the
Commonwealth of Massachusetts, by virtue of the authority vested in
me by the Consti,t~~tioPna, rt 2. c. 2, § 1, Art. 1, do hereby order as
foIlows:
Section 1. It shall be the policy of the Executive Department
with respect to employment decisions that a criminal background
check will only occur, and its results will only be considered, in those
instances where a current or prospective employee shall have been
deemed otherwise qualified and the content of a criminal record is
relevant to the duties and qualifications of the position in question.
Such instances will include, without limitation, those in which a
criminal conviction creates a statutory disqualification for the posi.tion,
or the position requires interaction with vulnerable pop~llationsa nd a
criminal background check is necessary to ensure that the applicant
does not pose a public safety risk.
In implementing this policy, .the employer sho~~clodn sider the
nature and circumstances of any past criminal conviction; the date of
the offense; the sentence imposed and the length of any period of
incarceration; any reasonably available information concerning
compliance with conditions of parole or probation, including orders of
no contact with victims and witnesses; the individual's conduct and
experience in the time since .the offense, including, but not limited to,
educational or professional certifications obtained since the time of
the offense or other evidence of rehabilitation; and the relevance of
the conviction to .the duties and qualifications of the position in
question. Charges that did not result in a conviction will be
considered only in circumstances in which the nature of the charge
relates to sexual or domestic violence against- adults or children,
consistent ?~?/lEt.hxe cutive Order No. 491, Estzblishing a Policy of
Zero Tolerance for Sexual Assault and Domestic Violence, or
otherwise indicates that the matter has relevance to the duties and
responsibilities of the position in question.
Each agency in the Executive Department shall examine and, if
necessary, amend its employment practices and policies to reflect the
policy set forth in this Section and in Executive Order No. 491. The
Secretary of each Executive Office shall be responsible for ensuring
that each agency within her Secretariat conducts this review. All
Secretaries shall report to the Commonwealth's Chief Human
Resources Officer the results of their review and the steps taken to
comply with this policy no later than March 31, 2008. Thereafter, the
Chief Human Resources Officer shall take whatever actions are
necessary and appropriate to ensure that this policy is implemented
fully.
Section 2. The EOHHS, in consultation with agencies under
the Secretariat and the Massachusetts Office for Victim Assistance,
shall promulgate a consolidated set of regulations that provide clear
guidelines to be followed by EOHHS and its agencies, as well as their
vendor programs, when reviewing the criminal records of current or
prospective employees.
Without compromising the Secretariat's commitment to ensure
the safety and security of .the vulnerable populations it serves, the
EOHHS regulations shall ensure rehabilitated individuals with criminal
backgrounds be given a fair opporturlity to be err~ployeda nd
reintegrate successfully into the workforce.
The EOHHS regulations shall ensure that the rights of current
and prospective errrployees are protected by (a) providing individuals
with information regarding EOHHS hiring policies and procedures
regarding CORl and individuals' rights to dispute the accuracy and
relevancy of any CORI; (b) creating a systematic means for
employers to document all factors taken into consideration, including
evidence of rehabilitation, in making employn~endt ecisions; (c)
specifying strong penalties for vendors that fail to comply with any
requirement; and (d) streamlining and simplifying, wherever possible,
current CORl procedures and requirements.
Section 3. The executive staff of the CHSB shall draft and
submit to the board for approval regulations requiring that any entity
certified to obtain access to CORl under the provisions of G.L. .c. 6,
§§ 172(b) and (c) shall participate in prescribed training and pass a
written examination as a condition of such entity's obtaining
certification, or renewal of its certification, in accordance with G.L. c.
6, § 172 and 803 CMR 3.00.
Section 4. The CHSB CORI Audit, Training, and Corr~pliance
Unit (the "Unit") shall, consistent with CHSB's appropriations and
staffing, develop and maintain an electronic learning system to
enhance the training of entities certified under the provisions of G.L.
c. 6, 9s 172(b) and (c) to obtain access to CORI. The electronic
learning system shall include, but not be limited to, the following
subjects: the reading and interpretation of disposition codes and
CORI reports; the statutory and regulatory rights of current and
prospective employees; the responsibilities of employers with respect
to access, review, storage, and dissemination of CORI; and
consideration of the relevance of a criminal record to the duties and
qualifications of various positions.
Section 5. The Unit shall, consistent with CHSB's
appropriations and staffing, increase its auditing of CORI-certified
entities to ensure that CORI and juvenile data is accessed, reviewed,
and stored appropriately and in accordance with all applicable
statutes and regulations. The Unit shall ensure that all CORI-certified
entities maintain written policies regarding their use of CORI and
comply with existing regulations that require providing individuals with
a copy of their CORI report and an opportunity to discuss the
relevancy and accuracy of the report.
Section 6. The EOPSS, the CHSB, and the EOLWD together
shall launch a coordinated, comprehensive, and targeted public
education campaign to (a) raise awareness among the public
regarding time frames and mechanisms for the sealing and correcting
of criminal records; (b) educate err~ployersa bout the permissibility of
questions in employment applications and interviews as well as rr-~les
concerning the storage, dissemination, retention, and use of CORI;
and (c) educate crime victims and witnesses about .their rights of
access to GO!?!. -The edncatinna! mate ria!^ de\te!oped sha!! be made
available to the public in a variety of media and formats, including, but
not limited to, posters and brochures provided at various agencies
within the Executive Department that have regular contact with the
public and/or employers.
Section 7. The EOPSS, the CHSB, and the Department of
State Police shall request the cooperation of the Administra1:ive Office
of the Trial Court ("AOTC") and the Office of the Commissioner of
Probation ("OCPJ1i)n conducting a pilot program or programs in
selected district courts to evaluate the feasibility and cost of biometric
identification of all defendants arraigned in criminal cases in the
courts of the Commonwealth in order to create a biometric index for
criminal records. The EOPSS shall report to the Governor on the
results and recommendations of such pilot programs no later than
December 31,2008.
Section 8. In addition, the EOPSS and .the CHSB shall seek
the assistance of the AOTC and OCP in exploring the feasibility and
cost of (a) improving the existing administrative system for correcting
and sealing existing criminal records and (b) improving the.
presentation, readability, and ability to sort and classify CORl records
created using technology prior to AOTC's implementation of the
"MassCourts" information system.
The EOPSS, the CHSB, and the Department of State Police, in
conjunction with the EOHHS, shall also conduct a study of the
feasibility, desirability, and cost of providing access to the 50-state
conviction data contained in the Interstate 1dentifical:ion Index ("Ill") to
entities certified to receive CORl under G.L. c. 6, § 172(b).
The EOPSS shall report to the Governor on the results and
recommendations of the studies and initiatives set forth in this
Section 8 no later than March 31, 2008.
Section 9. The EOLWD shall establish and coordinate an
interagency task force consisting of representatives from the following
agencies: the EOHHS, the-Department of Correction, the Department
of Workforce Development, the Massachusetts Parole Board, the
Board of Higher Education, the Division of Apprentice Training, .the
Association of Massachusetts Comrr~unityC olleges, the Di\!Isior! of
Professional Licensure, and the Massachusetts Sheriffs Association.
The Task Force shall review existing pre-release and post-release
training programs for ex-offenders in the Commonwealth and shall
make recommendations on replicating successful pre- and postrelease
training programs that facilitate employment and educational
training.
The Task Force shall report to the Governor on the res~~latnsd
recornmenda.l:ions of its studies and initiatives as set forth in this
section no later than March 31, 2008.
Section 10. The EOLWD shall, subject to appropriation,
establish a competitive grant program for local workforce investment
boards and one-stop career centers to allow for implementation of
comprehensive basic education training and job placement services
for ex-offenders. A grant program established for this purpose shall
incorporate the recommendations outlined by the Task Force
established under Section 9.
The EOLWD shall .further implement additional performance
standards for the one-stop career system that will promoteand
measure performance on job placement services for ex-offenders.
Section 11. The CHSB, the Department of Housing and
Community Development ("DHCD"), and the Department of
Transitional Assistance ("DTA") shall review existing federal and state
laws, regulations, and program requirements governing the collection
and use of CORI in connection with the consideration of granting or
denying housing opportunities to othewise eligible households.
Without corr~promisingth e Commonwealth's ongoing commitment to
public safety and security, the CHSB, DHCD and DTA shall make
recommendations concerr~ingre gulatory amendments and other
measures that could be implemented to: (a) increase the consistency
and uniformity of the treatment of CORI in making such housing
decisions; (b) ensure that discretionary CORI-based denials of
housing occur only in instances involving a risk to public safety or to
individual victims or witnesses; (c) address the needs of individuals or
families who are denied housing based on CORI; (d) develop and
launch a campaign to better educate owners and managers of multifamily
housing concerning CORI; and (e) strearrrline .the CORI review
process so that housing placement delays are mitigated and reduced.
Section 12. Nothing in this Executive Order shall be construed
to require action inconsistent with any applicable state or federal law.
Section 13. This Execu,l:ive Order shall remain in effect until
amended, superseded, or revoked by subsequent Executive Order.
GBoivsetonn a tth tihse /E/ xC,dea yu tiveo fC Jhaanmuabreyr iinn the
year of our Lord two thousand and eight,
and of the Independence of the United
States of America two hundred and
GOVERNOR
Commonwealth of Massachusetts
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth
GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS
http://www.cjpc.org/ExecutiveOrder.pdf
PATRICK ADMINISTRATION ANNOUNCES CORI REFORMS
The Commonwealth of Massachusetts
Executive department
state house boston, ma 02133
(617) 725-4000
deval l. patrickGOVERNOR
timothy p. murray LIEUTENANT GOVERNOR
FOR IMMEDIATE RELEASE CONTACT Kyle Sullivan
Cyndi Roy
January 11, 2008 Becky Deusser
617-725-4025
PATRICK ADMINISTRATION ANNOUNCES CORI REFORMS
Initiative Aimed at Strengthening Public Safety and Creating Economic Opportunity
BOSTON — Friday, January 11, 2008 — Continuing his efforts to strengthen public safety and create economic opportunity, Governor Deval Patrick today unveiled a criminal justice initiative that would enhance employment opportunities for rehabilitated individuals with criminal records, helping to reduce recidivism rates and increasing the likelihood of successful reintegration into society.
Stressing the need to reduce recidivism by expanding employment opportunities, Governor Patrick filed legislation to reform existing Criminal Offender Record Information (CORI) policy to emphasize the importance and value to all residents of successful reintegration of ex-offenders. He also issued an Executive Order to ensure that the information in criminal records is accurate and understandable so that the best information is available to assist in the decision-making process.
“CORI was never intended to turn every offense into a life sentence,” said Governor Patrick. “All but a handful of people incarcerated are eventually released, and they need to get back to work. These reforms require decision-makers to make an individual determination about whether an applicant is rehabilitated, rather than excluding ex-offenders categorically. If we want to reduce crime and help people re-integrate successfully, this is a smarter approach.”
Each year, approximately 20,000 inmates return home from incarceration, while 97 percent of all inmates are eventually released from custody. Without proper guidance and support — including access to employment and housing opportunities — 49 percent of offenders recidivate after one year.
Incarcerating an offender costs approximately $43,000 per year. Estimates based on effective re-entry programs operating in Massachusetts suggest that the cost for the last year of incarceration and the first year of release can be cut by two-thirds with better program services. Coupled with mandatory post-release supervision, which the Governor proposed through legislation last April, CORI reform can save taxpayers millions of dollars a year, not only by reducing prison costs but by also reducing the cost of criminal behavior in the Commonwealth’s communities, thereby enhancing public safety.
Provisions of the Executive Order and legislation include:
Fairer state employment practices -- The existence of a criminal record too often disqualifies rehabilitated individuals from employment even if they are qualified and competent to do the job. To improve fairness during the hiring process, the Executive Order establishes a policy that a criminal background check can only occur once an applicant has been deemed otherwise qualified for a position and the contents of a criminal record are relevant to the duties and qualifications of the job.
“People will be examined as people,” said Public Safety and Security Secretary Kevin M. Burke. “These reforms are critical to improving our re-entry efforts and reducing recidivism.”
Enhancing law enforcement access to sealed records -- In addition to expanding employment opportunities, the legislation also strengthens public safety by providing criminal justice agencies with access to all sealed records. Presently, once a criminal record is sealed, law enforcement entities are routinely denied access by the courts. In addition, Governor Patrick has ordered a study to determine the feasibility of providing a 50-state criminal record check for employees of agencies serving vulnerable populations. This would allow agencies to comprehensively determine whether or not a prospective or present employee poses a public safety threat.
Ensuring accuracy of CORI information -- To provide greater guidance and clarity to employers, the Governor’s order also requires the Criminal History Systems Board (CHSB), which grants CORI access, to develop an electronic learning system for CORI users, draft regulations to require training and examination as a condition of CORI-certification and enhance auditing of CORI users.
Increasing public education of CORI rights and uses -- To further improve the system, the Executive Office of Public Safety and Security, the CHSB and the Executive Office of Labor and Workforce Development are directed to develop an educational campaign to notify the public of their legal rights with respect to criminal records and to inform employers of permissible uses of CORI. The CHSB, the Department of Housing and Community Development (DHCD), and the Department of Transitional Assistance (DTA) will review federal and state laws governing the collection and use of CORI in connection with housing decisions and recommend regulatory changes to mitigate housing placement delays.
Focusing on human services and post-release training -- The Executive Office of Health and Human Services (EOHHS) is directed to revise its hiring guidelines for human services providers and vendors while the Executive Office of Labor and Workforce Development (EOLWD) is charged with making recommendations concerning successful pre-release and post-release training programs.
“EOHHS is committed to making sure that we balance the need to give work opportunities to ex-offenders while protecting the individuals and communities served by our agencies," said Secretary JudyAnn Bigby.
“One thing we heard time and time again during the many public meetings on this issue is that employers and job seekers alike will benefit from these reforms: employers have jobs available that they cannot fill and yet many ex-offenders cannot access these employment opportunities because of the significant barriers the current system creates,” said Secretary of Labor and Workforce Development Suzanne M. Bump. “These reforms will reduce those barriers and will support policies which promote education, re-entry, and job training in a tight labor market. Our economy needs the skills and talent of all our citizens.”
Changing timeframes for sealing of records -- Acknowledging studies of recidivism that strongly suggest that rates consistently fall the longer an ex-offender has stayed clear of criminal activity after completing a sentence, the bill changes the timeframes and mechanisms for sealing and distributing criminal records and makes them consistent with the timeframes that exist in courtroom trials and consistent with studies concerning recidivism. Mandatory waits for rehabilitated individuals to seal criminal records would change from 15 to 10 years for felonies and 10 to 5 years for misdemeanors, but only if the individual has stayed clear of criminal activity during that period. Misdemeanor violations of restraining orders would remain in the 10 year category to account for the seriousness of these crimes and their relevance to employers that may serve vulnerable populations. Additionally, sex offenders would never be eligible to seal records.
Penalties for abuse of CORI information - The Governor’s legislation also makes it a crime, punishable by a $5,000 fine and/or up to one year in prison, to make any knowing and unauthorized request, collection, use, dissemination, altering or sale of CORI.
Juvenile Records -- Lastly, the administration will continue to enforce the present law concerning the dissemination of juvenile records. “We are especially concerned that young people have every opportunity to get on the right path and stay there. Massachusetts law prohibits the release of juvenile records to all but law enforcement and a select few agencies. We are going to see that that law is enforced,” said Governor Patrick.
Those agencies with access to juvenile records include the Department of Youth Services and the Department of Social Services. In addition, operators of youth camps are granted access to juvenile records to conduct background checks of all employees or volunteers prior to employment.
Many of the initiatives in the Executive Order and the legislation mirror recommendations within two Boston Foundation / Crime and Justice Institute studies. “CORI: Balancing Individual Rights and Public Access” was a study conducted in 2005. In 2007, a task force co-chaired by Elizabeth Pattullo and Robert Gittens presented “CORI: Opening Doors of Opportunity”.
“I applaud the Governor for balancing the imperatives of public safety and justice with the needs of our economy in his executive order and bill,” said Paul S. Grogan, president and CEO of the Boston Foundation. “The Governor is updating CORI policy in measured and practical ways that advance reform. In today’s economy, we need all hands on deck, and must create a climate in which people with criminal records who are qualified and rehabilitated can rejoin the workforce.”
###
http://www.cjpc.org/pressrelease.doc
Executive department
state house boston, ma 02133
(617) 725-4000
deval l. patrickGOVERNOR
timothy p. murray LIEUTENANT GOVERNOR
FOR IMMEDIATE RELEASE CONTACT Kyle Sullivan
Cyndi Roy
January 11, 2008 Becky Deusser
617-725-4025
PATRICK ADMINISTRATION ANNOUNCES CORI REFORMS
Initiative Aimed at Strengthening Public Safety and Creating Economic Opportunity
BOSTON — Friday, January 11, 2008 — Continuing his efforts to strengthen public safety and create economic opportunity, Governor Deval Patrick today unveiled a criminal justice initiative that would enhance employment opportunities for rehabilitated individuals with criminal records, helping to reduce recidivism rates and increasing the likelihood of successful reintegration into society.
Stressing the need to reduce recidivism by expanding employment opportunities, Governor Patrick filed legislation to reform existing Criminal Offender Record Information (CORI) policy to emphasize the importance and value to all residents of successful reintegration of ex-offenders. He also issued an Executive Order to ensure that the information in criminal records is accurate and understandable so that the best information is available to assist in the decision-making process.
“CORI was never intended to turn every offense into a life sentence,” said Governor Patrick. “All but a handful of people incarcerated are eventually released, and they need to get back to work. These reforms require decision-makers to make an individual determination about whether an applicant is rehabilitated, rather than excluding ex-offenders categorically. If we want to reduce crime and help people re-integrate successfully, this is a smarter approach.”
Each year, approximately 20,000 inmates return home from incarceration, while 97 percent of all inmates are eventually released from custody. Without proper guidance and support — including access to employment and housing opportunities — 49 percent of offenders recidivate after one year.
Incarcerating an offender costs approximately $43,000 per year. Estimates based on effective re-entry programs operating in Massachusetts suggest that the cost for the last year of incarceration and the first year of release can be cut by two-thirds with better program services. Coupled with mandatory post-release supervision, which the Governor proposed through legislation last April, CORI reform can save taxpayers millions of dollars a year, not only by reducing prison costs but by also reducing the cost of criminal behavior in the Commonwealth’s communities, thereby enhancing public safety.
Provisions of the Executive Order and legislation include:
Fairer state employment practices -- The existence of a criminal record too often disqualifies rehabilitated individuals from employment even if they are qualified and competent to do the job. To improve fairness during the hiring process, the Executive Order establishes a policy that a criminal background check can only occur once an applicant has been deemed otherwise qualified for a position and the contents of a criminal record are relevant to the duties and qualifications of the job.
“People will be examined as people,” said Public Safety and Security Secretary Kevin M. Burke. “These reforms are critical to improving our re-entry efforts and reducing recidivism.”
Enhancing law enforcement access to sealed records -- In addition to expanding employment opportunities, the legislation also strengthens public safety by providing criminal justice agencies with access to all sealed records. Presently, once a criminal record is sealed, law enforcement entities are routinely denied access by the courts. In addition, Governor Patrick has ordered a study to determine the feasibility of providing a 50-state criminal record check for employees of agencies serving vulnerable populations. This would allow agencies to comprehensively determine whether or not a prospective or present employee poses a public safety threat.
Ensuring accuracy of CORI information -- To provide greater guidance and clarity to employers, the Governor’s order also requires the Criminal History Systems Board (CHSB), which grants CORI access, to develop an electronic learning system for CORI users, draft regulations to require training and examination as a condition of CORI-certification and enhance auditing of CORI users.
Increasing public education of CORI rights and uses -- To further improve the system, the Executive Office of Public Safety and Security, the CHSB and the Executive Office of Labor and Workforce Development are directed to develop an educational campaign to notify the public of their legal rights with respect to criminal records and to inform employers of permissible uses of CORI. The CHSB, the Department of Housing and Community Development (DHCD), and the Department of Transitional Assistance (DTA) will review federal and state laws governing the collection and use of CORI in connection with housing decisions and recommend regulatory changes to mitigate housing placement delays.
Focusing on human services and post-release training -- The Executive Office of Health and Human Services (EOHHS) is directed to revise its hiring guidelines for human services providers and vendors while the Executive Office of Labor and Workforce Development (EOLWD) is charged with making recommendations concerning successful pre-release and post-release training programs.
“EOHHS is committed to making sure that we balance the need to give work opportunities to ex-offenders while protecting the individuals and communities served by our agencies," said Secretary JudyAnn Bigby.
“One thing we heard time and time again during the many public meetings on this issue is that employers and job seekers alike will benefit from these reforms: employers have jobs available that they cannot fill and yet many ex-offenders cannot access these employment opportunities because of the significant barriers the current system creates,” said Secretary of Labor and Workforce Development Suzanne M. Bump. “These reforms will reduce those barriers and will support policies which promote education, re-entry, and job training in a tight labor market. Our economy needs the skills and talent of all our citizens.”
Changing timeframes for sealing of records -- Acknowledging studies of recidivism that strongly suggest that rates consistently fall the longer an ex-offender has stayed clear of criminal activity after completing a sentence, the bill changes the timeframes and mechanisms for sealing and distributing criminal records and makes them consistent with the timeframes that exist in courtroom trials and consistent with studies concerning recidivism. Mandatory waits for rehabilitated individuals to seal criminal records would change from 15 to 10 years for felonies and 10 to 5 years for misdemeanors, but only if the individual has stayed clear of criminal activity during that period. Misdemeanor violations of restraining orders would remain in the 10 year category to account for the seriousness of these crimes and their relevance to employers that may serve vulnerable populations. Additionally, sex offenders would never be eligible to seal records.
Penalties for abuse of CORI information - The Governor’s legislation also makes it a crime, punishable by a $5,000 fine and/or up to one year in prison, to make any knowing and unauthorized request, collection, use, dissemination, altering or sale of CORI.
Juvenile Records -- Lastly, the administration will continue to enforce the present law concerning the dissemination of juvenile records. “We are especially concerned that young people have every opportunity to get on the right path and stay there. Massachusetts law prohibits the release of juvenile records to all but law enforcement and a select few agencies. We are going to see that that law is enforced,” said Governor Patrick.
Those agencies with access to juvenile records include the Department of Youth Services and the Department of Social Services. In addition, operators of youth camps are granted access to juvenile records to conduct background checks of all employees or volunteers prior to employment.
Many of the initiatives in the Executive Order and the legislation mirror recommendations within two Boston Foundation / Crime and Justice Institute studies. “CORI: Balancing Individual Rights and Public Access” was a study conducted in 2005. In 2007, a task force co-chaired by Elizabeth Pattullo and Robert Gittens presented “CORI: Opening Doors of Opportunity”.
“I applaud the Governor for balancing the imperatives of public safety and justice with the needs of our economy in his executive order and bill,” said Paul S. Grogan, president and CEO of the Boston Foundation. “The Governor is updating CORI policy in measured and practical ways that advance reform. In today’s economy, we need all hands on deck, and must create a climate in which people with criminal records who are qualified and rehabilitated can rejoin the workforce.”
###
http://www.cjpc.org/pressrelease.doc
Patrick moves to reform criminal records law
Associated Press - January 11, 2008 4:24 PM ET
BOSTON (AP) - Governor Deval Patrick is taking steps to reform the state Criminal Offender Record Information system.
Critics say the "CORI" system prevents people from getting a second chance after they've served prison or probation terms, and even after being cleared of criminal charges.
Employers can search CORI records to weed out job applicants.
Patrick has filed legislation that would shorten the number of years people must wait before sealing their records.
Currently, the wait after felony convictions is 15 years. Patrick wants to shorten it to 10 years. And the wait on misdemeanor convictions would fall from 10 to five years to seal records.
Patrick also issued an executive order saying a criminal background check can only be ordered after an applicant has been deemed qualified.
http://www.eyewitnessnewstv.com/Global/story.asp?S=7612338&nav=F2DO
BOSTON (AP) - Governor Deval Patrick is taking steps to reform the state Criminal Offender Record Information system.
Critics say the "CORI" system prevents people from getting a second chance after they've served prison or probation terms, and even after being cleared of criminal charges.
Employers can search CORI records to weed out job applicants.
Patrick has filed legislation that would shorten the number of years people must wait before sealing their records.
Currently, the wait after felony convictions is 15 years. Patrick wants to shorten it to 10 years. And the wait on misdemeanor convictions would fall from 10 to five years to seal records.
Patrick also issued an executive order saying a criminal background check can only be ordered after an applicant has been deemed qualified.
http://www.eyewitnessnewstv.com/Global/story.asp?S=7612338&nav=F2DO
Breaking bars to jobs
By Adrian Walker
Globe Columnist / January 11, 2008
Governor Deval Patrick is about to address one of his major campaign promises, and there will be no shortage of strong reaction.
Today, Patrick will unveil his plan to overhaul the state's Criminal Offender Record Information law, better known as CORI. The administration has mapped out its approach largely behind closed doors.
Patrick's proposal was outlined by Public Safety Secretary Kevin Burke in an interview yesterday. An executive order will instruct state agencies to consider criminal history only as the last step in the hiring process, as opposed to blanket policies barring hiring offenders. In addition, applicants would be automatically rejected only if their criminal history had direct bearing on the job involved.
"If someone was being hired as a bookkeeper and had a conviction for larceny, that would be relevant," Burke explained. "If someone was being hired for an [information technology] job and had a conviction for assault and battery, you would make a judgment."
Other parts of the plan will require legislative approval. The legislation, also being filed today, would shorten the time records are sealed. Currently, records are sealed for 15 years for a misdemeanor and 20 years for a felony; in Patrick's proposal, those figures would become 5 years and 10 years, respectively.
CORI was a contentious issue during Patrick's campaign for governor. Advocates of changing the law, who were among his earliest supporters, have argued for years that criminal histories unfairly restrict opportunities to secure jobs and housing. They say so many organizations and companies have access to the records that the intended protections have lost their meaning. Defenders of the current law say employers deserve to know whom they are hiring.
Advocates of change seemed unsure how to react. "We're trying to decipher it to see if it really does what we want it to do, to determine if this is something that is really going to help people," said Horace Small of the Union of Minority Neighborhoods.
Senator Dianne Wilkerson of Roxbury said she does not believe the proposal goes nearly far enough. She has argued that juvenile records should be inaccessible but aren't. She also maintained that the proposal does not go to the heart of the issue, which is that people with criminal records have trouble finding work and rebuilding their lives.
"I think those people who have difficulty finding work because of CORI are not going to have much relief after the release of the governor's plan, and that to me is the most unfortunate part of it," she said. "The only real test is whether last year's no becomes this year's yes."
Catherine Hennessey is one of the people who has known firsthand the difficulties of navigating the job market after prison. She served a six-month sentence in 1989 for drug possession and conspiracy. She began working nine years ago for the Cambridge Health Alliance, as a temporary worker in the physical therapy department. But she wasn't hired permanently until four months ago, because the agency, like many health care agencies, had a policy of not hiring ex-convicts.
"It's just not fair to have a lifetime ban in an industry that has so many opportunities," she said yesterday. "When people are trying to rehabilitate themselves, they have no options."
In truth, the proposed measures are a bit timid, especially given Patrick's often-stated commitment to the cause. But it is certainly a step in the right direction.
Not everyone will think so. But it makes no sense to shut convicts out of the job market. The founding idea behind CORI was to allow convicts to lead productive lives after prison. But over several decades it has come to have the opposite effect, partly because the law is so porous.
How the proposed legislation will fare in election year, in a Legislature with plenty on its plate already, is anyone's guess. Its fate will stand as a test of whether Patrick's ability to govern can catch up to the soaring rhetoric that made him governor in the first place.
Adrian Walker is a Globe columnist. He can be reached at walker@globe.com.
http://www.boston.com/news/local/massachusetts/articles/2008/01/11/breaking_bars_to_jobs/
Globe Columnist / January 11, 2008
Governor Deval Patrick is about to address one of his major campaign promises, and there will be no shortage of strong reaction.
Today, Patrick will unveil his plan to overhaul the state's Criminal Offender Record Information law, better known as CORI. The administration has mapped out its approach largely behind closed doors.
Patrick's proposal was outlined by Public Safety Secretary Kevin Burke in an interview yesterday. An executive order will instruct state agencies to consider criminal history only as the last step in the hiring process, as opposed to blanket policies barring hiring offenders. In addition, applicants would be automatically rejected only if their criminal history had direct bearing on the job involved.
"If someone was being hired as a bookkeeper and had a conviction for larceny, that would be relevant," Burke explained. "If someone was being hired for an [information technology] job and had a conviction for assault and battery, you would make a judgment."
Other parts of the plan will require legislative approval. The legislation, also being filed today, would shorten the time records are sealed. Currently, records are sealed for 15 years for a misdemeanor and 20 years for a felony; in Patrick's proposal, those figures would become 5 years and 10 years, respectively.
CORI was a contentious issue during Patrick's campaign for governor. Advocates of changing the law, who were among his earliest supporters, have argued for years that criminal histories unfairly restrict opportunities to secure jobs and housing. They say so many organizations and companies have access to the records that the intended protections have lost their meaning. Defenders of the current law say employers deserve to know whom they are hiring.
Advocates of change seemed unsure how to react. "We're trying to decipher it to see if it really does what we want it to do, to determine if this is something that is really going to help people," said Horace Small of the Union of Minority Neighborhoods.
Senator Dianne Wilkerson of Roxbury said she does not believe the proposal goes nearly far enough. She has argued that juvenile records should be inaccessible but aren't. She also maintained that the proposal does not go to the heart of the issue, which is that people with criminal records have trouble finding work and rebuilding their lives.
"I think those people who have difficulty finding work because of CORI are not going to have much relief after the release of the governor's plan, and that to me is the most unfortunate part of it," she said. "The only real test is whether last year's no becomes this year's yes."
Catherine Hennessey is one of the people who has known firsthand the difficulties of navigating the job market after prison. She served a six-month sentence in 1989 for drug possession and conspiracy. She began working nine years ago for the Cambridge Health Alliance, as a temporary worker in the physical therapy department. But she wasn't hired permanently until four months ago, because the agency, like many health care agencies, had a policy of not hiring ex-convicts.
"It's just not fair to have a lifetime ban in an industry that has so many opportunities," she said yesterday. "When people are trying to rehabilitate themselves, they have no options."
In truth, the proposed measures are a bit timid, especially given Patrick's often-stated commitment to the cause. But it is certainly a step in the right direction.
Not everyone will think so. But it makes no sense to shut convicts out of the job market. The founding idea behind CORI was to allow convicts to lead productive lives after prison. But over several decades it has come to have the opposite effect, partly because the law is so porous.
How the proposed legislation will fare in election year, in a Legislature with plenty on its plate already, is anyone's guess. Its fate will stand as a test of whether Patrick's ability to govern can catch up to the soaring rhetoric that made him governor in the first place.
Adrian Walker is a Globe columnist. He can be reached at walker@globe.com.
http://www.boston.com/news/local/massachusetts/articles/2008/01/11/breaking_bars_to_jobs/
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