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