By Rick Ahrens/Daily News correspondent
Source
GHS
Posted Mar 19, 2008 @ 12:33 AM
BOSTON —
People who break the law and then go on to live without any more legal woes should not be shadowed by their mistakes for the rest of their lives, Gov. Deval Patrick told legislators yesterday.
At a hearing before the Joint Committee on the Judiciary, the governor made a pitch for reducing the length of time that criminal records are available to public scrutiny.
Under the governor's plan, an offender's record in the Criminal Offender Records Information, or CORI, system would be sealed after 10 years of good behavior following a felony, and five years after a misdemeanor. The current law requires a period of 15 years and 10 years, respectively.
If another offense takes place during those windows, the clock would be reset, Patrick said. Sexual offenses would not be eligible for sealing.
A throng of CORI reform advocates and members of the public squeezed into the Bulfinch Room at the State House to hear the proposed changes.
The standing-room-only crowd spilled into a second hearing chamber when a dividing wall was removed to accommodate everyone present.
The bill's aim, the governor said at the hearing, is to reduce the chances of a former inmate returning to a life of crime by letting good behavior vindicate their past wrongdoings.
The governor said an ex-convict's CORI record may block them from getting jobs. That, Patrick said, would only tempt them back to illegal activities.
"The use of CORI as it stands puts communities in greater jeopardy," Patrick said. "It is against the spirit of the law."
However, some legislators disagree with Patrick's proposed sealing periods. Those periods are still too punitive, they say, and science supports that. Some legislators suggest sealing records after three years for misdemeanors, and seven years for felonies.
"Studies have found that after two years for misdemeanors and six years for felonies, there is no difference thereafter in chances that someone will commit another crime," said Rep. Steven D'Amico D-Swansea.
Sen. Dianne Wilkerson, D-Dorchester, also spoke out against Patrick's proposal. The senator said the state must reduce legal liability on employers who hire people with CORI records.
"The fact is, if you're an employer who hires a person with a CORI record and they do something wrong, that employer is going to find themselves on the 6 o'clock news the next day," she said. "The next day, they'll find themselves in court."
The senator's proposal would give employers a pass on legal liability if an applicant's record does not present them as a "reasonable" risk.
Wilkerson said that a person arrested for driving with an altered license, a felony in Massachusetts, could not be seen as a reasonable risk of future violent crime.
Finally, taking a subtle jab at the governor, Wilkerson said the current law forbids a person with a CORI record is not eligible to work in a casino.
"We can get from repair to reform," Wilkerson said. "But it will take more work than what's been proposed today."
There are an estimated 3.1 million people in Massachusetts with a CORI record. According to statistics from the governor, about 20,000 inmates re-enter society in Massachusetts every year, half of whom will commit crimes within a year. It costs the state $43,000 a year to keep an inmate behind bars.
Wednesday, March 19, 2008
Legislators slam Patrick's criminal records bill
Christopher Loh
http://www.bostonnow.com/news/local/2008/03/19/legislators-slam-patrick039s-criminal-records-bill
Beacon Hill legislators slammed Gov. Deval Patrick's proposed changes to the state's Criminal Offender Records Information law during a committee hearing yesterday, saying they fall short of what's needed.
If passed, the bill would reduce the amount of time it would take for records to be sealed from potential employers to 10 years for a felony offense and five years for a misdemeanor.
Patrick said CORI reform is vital to helping ex-offenders to successfully re-enter and become a working part of society.
"They turn to crime because they do not develop life skills and cannot get work for which they are prepared," Patrick said. "This reality makes it imperative that we remove unnecessary barriers to employment for rehabilitated individuals who have criminal records."
While she agreed with Patrick, state Sen. Dianne Wilkerson said she could not support the bill, which she called a "repair" and not "reform."
"I'm talking about getting to the heart of the reason why employers have been reticent to hire people with criminal records," Wilkerson said.
Wilkerson said often employers would misinterpret an ex-offenders CORI check and not hire them.
"[Employers] opt on the side of caution," Wilkerson said. "And who can blame them?"
State Representatives Willie Mae Allen, Gloria Fox and Linda Dorcena Forry, also said they wanted a stronger bill.
http://www.bostonnow.com/news/local/2008/03/19/legislators-slam-patrick039s-criminal-records-bill
Beacon Hill legislators slammed Gov. Deval Patrick's proposed changes to the state's Criminal Offender Records Information law during a committee hearing yesterday, saying they fall short of what's needed.
If passed, the bill would reduce the amount of time it would take for records to be sealed from potential employers to 10 years for a felony offense and five years for a misdemeanor.
Patrick said CORI reform is vital to helping ex-offenders to successfully re-enter and become a working part of society.
"They turn to crime because they do not develop life skills and cannot get work for which they are prepared," Patrick said. "This reality makes it imperative that we remove unnecessary barriers to employment for rehabilitated individuals who have criminal records."
While she agreed with Patrick, state Sen. Dianne Wilkerson said she could not support the bill, which she called a "repair" and not "reform."
"I'm talking about getting to the heart of the reason why employers have been reticent to hire people with criminal records," Wilkerson said.
Wilkerson said often employers would misinterpret an ex-offenders CORI check and not hire them.
"[Employers] opt on the side of caution," Wilkerson said. "And who can blame them?"
State Representatives Willie Mae Allen, Gloria Fox and Linda Dorcena Forry, also said they wanted a stronger bill.
Call-In for CORI Reform This Week!
Tuesday, March 18th was the final day for Committees to hold Public Hearings on proposed legislation for the rest of 2008. The Governor’s CORI Bill #4476 was among the half-dozen bills heard. The CORI proposal is being held up in the Judiciary Committee, and can only become law if the Chairmen of the Committee favorably report out the bill within the next several weeks. The decision to allow CORI reform or to stop it is in the hands of these two men:
Rep. Chair Eugene O’Flaherty (D - Chelsea Charlestown): 617-722-2396 / rep.geneoflaherty@hou.state.ma.us
Sen. Chair Robert Creedon (D - Brockton): (617) 722-1200 / robert.creedon@state.ma.us
After over 3 years of CORI hearings, tens of thousands of supporters, backing from the Governor, the Globe, the Sheriffs, the Bishop the Unions and 80 organizations across the state, call the Chairmen to demand action now!
“Hello, my name is ___________, calling from ___________. I am calling to ask Chairman O’Flaherty / Creedon to quickly and favorably report out a comprehensive CORI reform bill. While the Governor’s proposal is a good step, it is lacking “fair hiring” protections that would remove the felony box from job applications. The waiting period to seal CORIs should also be lowered to 7 and 3 years, and non-convictions and juvenile records should never be used to deny a person a job. As Chairman of the Judiciary Committee, I will be extremely disappointed with Rep. O’Flaherty / Sen. Creedon if he does not take action soon. There is no excuse for not reforming the CORI now.”
Make your voices heard, please spread the word, and thank you for making quick phone calls to the Judiciary Committee today!
State House CORI Hearing
CORI HEARING REPORT BACK
On Tuesday, March 18, the Judiciary Committee Chaired by Rep. Eugene O’Flaherty and Sen. Robert Creedon held a Public Hearing on Deval Patrick’s CORI Reform Bill #4476. Over 400 people overflowed the hearing room, representing dozens of organizations and thousands of concerned citizens.
The hearing began with testimony from Governor Patrick, who highlighted the real needs for reforms. He noted that there are 20,000 people incarcerated in Massachusetts, and that 97% of these people will return to their communities at some point. Patrick argued that the best reentry program was a job, and maintained that the Commonwealth would save millions if we are able to reduce recidivism ($43,000 per prisoner each year). Patrick also touted the importance of reducing the waiting period to seal CORIs. He emphasized that a person’s likelihood of re-offending goes dramatically down if they have not committed a crime after 6-7 years. His bill, #4476 would reduce the waiting period to seal a felony from 15 years to 10, and reduce misdemeanors from 10 years to 5.
Patrick was followed by testimonies from Sen. Dianne Wilkerson and Rep’s Gloria Fox, Willie Mae Allen, Linda Dorcena Forry and Steve D’Amico. These legislators commended the Governor for taking a good step towards reforms, but argued that he had not gone enough. Senator Wilkerson said that the bill was a “CORI Repair” bill rather than real CORI reform. Legislators raised concerns over the lack of juvenile related provisions, the importance of “fair hiring” protections that remove the felony check box from job applications, a need to remove non-convictions and not guilty findings, and the importance of reducing the waiting periods to seal a felony to 7 years and a misdemeanor to 3 years.
The Right Reverend M. Thomas Shaw, Bishop of the Episcopal Diocese of Massachusetts also testified his support for more significant CORI reforms. He described the several hundred participants in a CORI Prayer Service that he officiated earlier in the day, and detailed the importance of redemption and second chances under this debilitating CORI system.
Organizations including CAP/CJS, EPOCA, Neighbor to Neighbor, MARC, CJPC and MLRI gave testimony calling for the favorable reporting of #4476, contingent on a few critical amendments. The hearing lasted from 1 ~ 7pm, with the Boston Workers Alliance being the very last testifiers of the day. BWA Board Clerk, Terri Hinton described her own exclusion from the health care field after successfully completing a 9 month training as a nurse assistant, due to her CORI.
Hinton called on O’Flaherty and Creedon to report out the bill with reduced waiting periods for sealing as it would directly affect her ability to get a stable job. BWA staff, Aaron Tanaka provided context to other state’s sealing laws, including Utah (7 years for most felonies, 3-5 for misdemeanors), Oregon (3 years to seal 1st felony offenses) and Michigan (5 years to expunge most 1st felonies). He also decried the felony “check box” on job forms which leads employers to rule out applicants before reviewing resumes, holding interviews or checking references. Cities including Boston, Cambridge, Chicago, Minneapolis, San Francisco and Los Angles have already removed the criminal records question off of their job applications.The hearing demonstrated sustained momentum and real dedication to uprooting CORI discrimination. At this point, it is unclear if Chairmen Creedon and O’Flaherty plan to report out the CORI bill this year.
Regardless, the CORI reform movement will continue to grow, and constituents across the state will hold these elected officials accountable until real relief is provided to the hundreds of thousands suffering from the CORI.
http://www.bostonworkersalliance.org/
Patrick urges passage of CORI reform bill
By Paul McMorrow, State House News Service March 19, 2008
Source
Declaring yesterday that the existing Criminal Offender Record Information system "undermines public safety in the Commonwealth," Governor Deval Patrick urged the Legislature's Judiciary Committee to pass his CORI reform bill.
"I believe public safety must be about both law enforcement and crime prevention," Patrick told a crowd that spilled out of two hearing rooms.
Pointing out that 20,000 inmates reenter the Massachusetts mainstream every year, Patrick said, "Successful crime fighting also means reducing the risk that former inmates will return to crime by helping them rebuild their lives."
Patrick hinted at interest in overhauling the state's criminal history records system even before taking office and filed his CORI bill in January. The bill would constrict the timeline for sealing former offenders' felony records to 10 years after release, down from the current 15; misdemeanors would be sealed after five years, instead of the current 10. The legislation would also make CORI reports easier to read and process and order the state's Criminal History Systems Board to consider "the importance and value of successful reintegration" as part of the CORI certification process.
The governor stressed that sex offenders' records would not be sealed and that criminal justice agencies would retain "full access to sealed records."
He said the effort is part of a larger agenda that includes his pending Mandatory Post Release Supervision bill and a January executive order that severely curtails the use of CORI data when filling executive department jobs.
The question of when or if members of the public should have access to individuals' criminal histories has roiled the State House in recent years. CORI reform advocates argue that public access to criminal records impedes access of former prisoners to good jobs and housing and hinders their successful reintegration into society. Landlords and employers counter that background checks are necessary.
Associated Industries of Massachusetts issued a statement supporting Patrick's efforts to improve CORI accuracy and usability, but opposing "any changes to the current system for the sealing of records" for misdemeanors and felonies.
Representative Eugene O'Flaherty, Democrat of Chelsea, said that he and his cochairman - Senator Robert Creedon, Democrat of Brockton - would like to tackle CORI reform this year.
Source
Declaring yesterday that the existing Criminal Offender Record Information system "undermines public safety in the Commonwealth," Governor Deval Patrick urged the Legislature's Judiciary Committee to pass his CORI reform bill.
"I believe public safety must be about both law enforcement and crime prevention," Patrick told a crowd that spilled out of two hearing rooms.
Pointing out that 20,000 inmates reenter the Massachusetts mainstream every year, Patrick said, "Successful crime fighting also means reducing the risk that former inmates will return to crime by helping them rebuild their lives."
Patrick hinted at interest in overhauling the state's criminal history records system even before taking office and filed his CORI bill in January. The bill would constrict the timeline for sealing former offenders' felony records to 10 years after release, down from the current 15; misdemeanors would be sealed after five years, instead of the current 10. The legislation would also make CORI reports easier to read and process and order the state's Criminal History Systems Board to consider "the importance and value of successful reintegration" as part of the CORI certification process.
The governor stressed that sex offenders' records would not be sealed and that criminal justice agencies would retain "full access to sealed records."
He said the effort is part of a larger agenda that includes his pending Mandatory Post Release Supervision bill and a January executive order that severely curtails the use of CORI data when filling executive department jobs.
The question of when or if members of the public should have access to individuals' criminal histories has roiled the State House in recent years. CORI reform advocates argue that public access to criminal records impedes access of former prisoners to good jobs and housing and hinders their successful reintegration into society. Landlords and employers counter that background checks are necessary.
Associated Industries of Massachusetts issued a statement supporting Patrick's efforts to improve CORI accuracy and usability, but opposing "any changes to the current system for the sealing of records" for misdemeanors and felonies.
Representative Eugene O'Flaherty, Democrat of Chelsea, said that he and his cochairman - Senator Robert Creedon, Democrat of Brockton - would like to tackle CORI reform this year.
Sunday, March 16, 2008
CJPC on this weeks CORI Hearing
Dear Friends,
As we reported in January, Governor Patrick issued an Executive Order and a bill to address needed changes to the current Criminal Offender Record Information (CORI) system and ex-offender re-entry. We commend the governor for his commitment to removing the barriers that prevent ex-offenders from obtaining housing and employment and we are optimistic that the administration will continue to address the broader problem of re-entry.
The Joint Committee on the Judiciary has announced a public hearing on Tuesday, March 18 at 1:00 p.m. in Room A-1 at the State House to hear testimony on H.B. 4476 "An Act to Reduce Recidivism By Increasing Employment Opportunities," submitted by Gov. Patrick. Please make every effort to attend this hearing and support meaningful CORI reform!
While CJPC has advocated for the Public Safety Act 2007-2008 (PSA) we (along with our partners in a broader coalition) agree that the bill is no longer viable and that it will be most effective if we support certain proposals submitted by the governor but continue to push for three elements of the PSA:
sealing of records after seven years for a felony and three years for a misdemeanor
prospective employees are first deemed qualified for a job before their CORI record is checked
non-convictions should be removed from an individual's CORI.
The governor has proposed that criminal records for felonies be sealed after ten years and misdemeanor records be sealed after five years, beginning at the end of probation or other court-ordered supervision. Studies have shown that if an ex-offender stays crime-free for three years the likelihood of his/her re-offending is reduced to statistically non-significant levels. The longer a CORI record prevents an ex-offender from finding housing and employment the more likely he/she is to revert back to crime. Therefore, while we support the governor's effort to reduce the time for sealing of records, we urge that the sealing of criminal records be three years for misdemeanors and seven years for felonies (following probation) as was proposed in the Public Safety Act of 2007-2008.
Individuals seeking employment should be determined to be qualified for a position before their CORI record becomes part of the hiring process. And, every job applicant who has a criminal history should be given the opportunity to discuss their CORI record, and the chance to inform an employer of any rehabilitative services or programs they have participated in during or post-incarceration.
CORI reports are generated at arraignment, so one need not be found guilty of a crime to have a CORI. We strongly urge that the records of individuals who have never been convicted be sealed.
I hope you will plan to attend the hearing on Tuesday. In addition, I want to encourage you to contact the co-chairs of the judiciary committee by telephone, e-mail or letter to express your support for the important re-entry reforms outlined above. It will be helpful if you let me know that you have contacted them and copy me on your correspondence. Please see their contact information below. We will keep you informed about the status of the governor's bill and continued efforts by CJPC and our coalition allies to ensure that sealing, fair hiring and removal of non-convictions continue to be considered by the judiciary committee and the legislature.
Best, Sarah Compton
Contact information for co-chairs of the Joint Committee on the Judiciary:
Sen. Robert S. Creedon, Jr. State House, Rm. 413-C Boston, MA 02133 (617) 722-1200 robert.creedon@state.ma.us Rep. Eugene L. O'Flaherty State House, Rm. 136 Boston, MA 02133 (617) 722-2396
email: scompton@cjpc.org
phone: 617 426 5222
web: http://www.cjpc.org
As we reported in January, Governor Patrick issued an Executive Order and a bill to address needed changes to the current Criminal Offender Record Information (CORI) system and ex-offender re-entry. We commend the governor for his commitment to removing the barriers that prevent ex-offenders from obtaining housing and employment and we are optimistic that the administration will continue to address the broader problem of re-entry.
The Joint Committee on the Judiciary has announced a public hearing on Tuesday, March 18 at 1:00 p.m. in Room A-1 at the State House to hear testimony on H.B. 4476 "An Act to Reduce Recidivism By Increasing Employment Opportunities," submitted by Gov. Patrick. Please make every effort to attend this hearing and support meaningful CORI reform!
While CJPC has advocated for the Public Safety Act 2007-2008 (PSA) we (along with our partners in a broader coalition) agree that the bill is no longer viable and that it will be most effective if we support certain proposals submitted by the governor but continue to push for three elements of the PSA:
sealing of records after seven years for a felony and three years for a misdemeanor
prospective employees are first deemed qualified for a job before their CORI record is checked
non-convictions should be removed from an individual's CORI.
The governor has proposed that criminal records for felonies be sealed after ten years and misdemeanor records be sealed after five years, beginning at the end of probation or other court-ordered supervision. Studies have shown that if an ex-offender stays crime-free for three years the likelihood of his/her re-offending is reduced to statistically non-significant levels. The longer a CORI record prevents an ex-offender from finding housing and employment the more likely he/she is to revert back to crime. Therefore, while we support the governor's effort to reduce the time for sealing of records, we urge that the sealing of criminal records be three years for misdemeanors and seven years for felonies (following probation) as was proposed in the Public Safety Act of 2007-2008.
Individuals seeking employment should be determined to be qualified for a position before their CORI record becomes part of the hiring process. And, every job applicant who has a criminal history should be given the opportunity to discuss their CORI record, and the chance to inform an employer of any rehabilitative services or programs they have participated in during or post-incarceration.
CORI reports are generated at arraignment, so one need not be found guilty of a crime to have a CORI. We strongly urge that the records of individuals who have never been convicted be sealed.
I hope you will plan to attend the hearing on Tuesday. In addition, I want to encourage you to contact the co-chairs of the judiciary committee by telephone, e-mail or letter to express your support for the important re-entry reforms outlined above. It will be helpful if you let me know that you have contacted them and copy me on your correspondence. Please see their contact information below. We will keep you informed about the status of the governor's bill and continued efforts by CJPC and our coalition allies to ensure that sealing, fair hiring and removal of non-convictions continue to be considered by the judiciary committee and the legislature.
Best, Sarah Compton
Contact information for co-chairs of the Joint Committee on the Judiciary:
Sen. Robert S. Creedon, Jr. State House, Rm. 413-C Boston, MA 02133 (617) 722-1200 robert.creedon@state.ma.us Rep. Eugene L. O'Flaherty State House, Rm. 136 Boston, MA 02133 (617) 722-2396
email: scompton@cjpc.org
phone: 617 426 5222
web: http://www.cjpc.org
Saturday, March 15, 2008
Governor’s CORI Hearing
BWA Flier CORI Hearing 3.18.08 (click to download)
We have just learned that the Governor’s Bill on CORI Reform will be heard this Tuesday at the State House. Please join us for this hearing.
Judiciary Hearing * Governor’s CORI Bill HB #4476Tuesday March 18th * 1pm State House, Rm A-1
While the Governor’s Executive Order has taken the first steps to dealing with the CORI, we have only scratched the surface in dealing with the CORI crisis. The Governor’s bill contains some of our proposals from the Public Safety Act, but is missing many critical parts including reducing the waiting period to seal records to 3 ~ 7 years, and removing the criminal records question off of employment applications. We must demonstrate our support for the CORI reforms that will help those in our community.
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