Wednesday, July 30, 2008 - 12:36 PM EDT Modified: Wednesday, July 30, 2008 - 12:56 PM
Boston Business Journal - by Lisa van der Pool Boston Business Journal
http://www.bizjournals.com/boston/stories/2008/07/28/daily44.html
A provision in the Criminal Offender Record Information system (CORI) reform bill that would allow ex-cons looking for jobs to seal their records years earlier than historically allowed has some business leaders arguing that, if passed, the law could put companies and their employees at risk.
Indications are that their concerns were heard. House Bill 5004, “An Act improving certain criminal justice matters,” known as the CORI reform bill, appears poised to die by week’s end.
One of the most controversial provisions in the bill, which was up for debate in the House Ways and Means Committee this week, is that fact that it would shorten the mandatory waiting period for former inmates seeking to seal their criminal records. The waiting period for felonies, which include murder, rape, aggravated assault, battery and embezzlement, would be reduced to 10 years, from 15 years. The waiting period for misdemeanors, which include prostitution, vandalism, and petty theft, would be reduced to five years, down from 10.
Gov. Deval Patrick has publicly championed the proposed bill as a way to enhance crime prevention by helping former convicts rebuild their lives. Other provisions include an increase in fines for misuse of CORI records to $5,000 from $500.
A variety of sentencing changes are also included in the bill.
Business leaders are split on the bill’s potential effects on companies and hiring practices if it passes. One side claims the reforms would allow dangerous ex-cons to enter the workforce, unbeknownst to employers. The other side says that if former inmates are blocked out of finding legitimate work, they have a greater chances of re-entering lives of crime.
About 2.8 million people in Massachusetts have CORI records and about 1.5 million CORI reports are produced each year, according to the Massachusetts Alliance to Reform CORI in Boston. CORI checks can present a challenge for former inmates to secure employment, housing loans, and even entrance to college, according to MARC.
The Associated Industries of Massachusetts, which represents more than 7,000 employers in the state, has come out against many of the provisions in the bill, saying that decreasing the time that information is available about ex-cons would make workplaces unsafe.
AIM sent a letter last week to House Speaker Salvatore DiMasi addressing various concerns about the bill.
According to AIM’s letter, the bill “provides no balance of risk and liability for the employer. Employers are justifiably concerned relative to the liability for negligent hiring practices.... Employers could not research a candidate’s criminal background and would be unable to screen properly, candidates that work independently and without close supervision, especially with at-risk clients and other vulnerable individuals,” reads the letter.
John Regan, executive vice president of government affairs at AIM, who penned the letter to DiMasi, challenges the common wisdom that if someone has a criminal record, he or she will never get a job.
“Having a criminal record does provide a challenge, but it’s not insurmountable,” said Regan. “The courts of the Commonwealth are public domain. What happens in those courts are a matter of public record and the sealing of public information ought to be done very prudently.”
Bill Vernon, the Massachusetts director of the National Federation of Independent Business in Boston, agrees that a tough stance should be taken with ex-cons.
“The bottom line is that any time you hide things and don’t have full information, it’s not helpful,” said Vernon. “Business owners should have information available to make a judgement. When does an embezzlement conviction become irrelevant to whether someone is hired to become a bank teller?”
Yet, some in the business community agree that former inmates should not be punished after they have served a full sentence.
“I just don’t think it’s a particularly efficient way of predicting a person’s propensity for violence in the workplace,” said Christine Hughes, vice president and general counsel of Emerson College. “I think the reason that most employers do criminal checks is either you’re obliged to under law because you’re serving a vulnerable population, as we are, or because it’s the standard of care for responsible hiring.”
Both the Massachusetts Bar Association and the Boston Bar Association support the CORI bill.
“The idea of sealing records earlier is something that fits in with the larger goals of getting people who are former inmates into the workforce,” said David W. White, president of the MBA. “It’s important to give people the chance to prove themselves to society. The big exception is for places like hospitals, where the people are vulnerable. There has to be a higher level of screening there.”
Tom Nolan, an associate professor of criminal justice at Boston University and a 27-year veteran of the Boston Police force, notes that CORI reports are often misinterpreted by employers, with arraignments being mistaken for a conviction.
“The purpose of punishing people is to ensure they don’t do it again. That’s a big part of why we put people in jail,” said Nolan. “At some point the question arises of, how long do we want to keep people in the penalty box?”
Wednesday, July 30, 2008
Saturday, July 26, 2008
Advocates Rally as CORI Reform Bill Moves to a House Vote
http://www.openmediaboston.org/node/257
by Jason Pramas (Openmediaboston.com Staff), Jul-25-08
BOSTON/Beacon Hill - Over 100 people from several area community organizations and unions gathered at the State House Steps on Wednesday to rally in support of House Bill 5004 "An Act to Improve Certain Criminal Justice Matters" (the CORI Reform Bill) which would reform the Criminal Offender Records Information system to make it easier for former criminals to get jobs in Massachusetts.
Currently, former criminals cannot get their CORI files sealed for 15 years for felonies and 10 for misdemeanors. In addition, standard job applications in the Commonwealth all have a check-off box asking applicants if they have ever committed a crime.
According to advocates, this makes it very difficult for people with criminal records to get jobs - or even get job training. This makes it far more likely, they say, that former criminals will return to crime just to make ends meet. They also point out that the system essentially targets poor communities, especially urban communities of color, where crime rates are higher as a function of poverty.
For these reasons, CORI activists have been calling on the legislature to "ban the box" and drop the number of years former criminal must wait to have their records sealed to 7 for felonies and 3 for misdemeanors. The CORI Reform Bill currently calls for 10 years for felonies and 3 for misdemeanors, and so far has keep the "ban the box." provision.
"We're very pleased that we got the ban the box content in the bill," said Aaron Tanaka, organizer with the Boston Workers Alliance, the key organizational sponsor of the bill. "If we're able to pass that provision we'd be the first in the country to take a major step towards increasing job access for those with criminal records."
The event moved quickly to allow attendees time to lobby key legislators in advance of the vote - with most speakers reflecting on their movement's success in getting the CORI Reform Bill reported favorably out of the House Judiciary Committee recently.
"Don't take lightly that you got a bill out of committee," Felix Arroyo, Jr. of SEIU Local 615 reminded listeners.
"You do know how significant this is - this bill coming out?" Horace Small of the Union of Minority Neighborhoods said to the cheering crowd. However, he cautioned, "Even if this gets done this session, we still have a lot to do.
"We're not done yet," agreed Donald Washington of EPOCA - Ex-Prisoners and Prisoners Organizing for Community Advancement - in Worcester, "we don't want to settle for any fluff bill they may come up with.
Boston City Councilor Chuck Turner (G/R - District 7, Roxbury) summed the situation up succinctly.
"Seems like we're on the verge of another step forward," he said, referring to the CORI Reform Bill. "You and I know that it wouldn't be there without a fight on ground. 3 or 4 weeks ago it was not there. Now it's there and reported out."
Turner concluded with a broader point that raised the connection between labor issues and the criminal justice system, "This country has never had a full employment program. If we get it, then the CORI problem is solved."
Advocates will return to the State House this coming Tuesday to lobby legislators again as the bill goes to the House floor for a vote.
Friday, July 25, 2008
BWA CORI Campaign Update
bostonworkersalliance.org
Voting on House Bill #5004 “An act to improve certain criminal justice matters” was postponed until next formal session on Tuesday (7/29).
All available supporters should join us on Tuesday:
Tuesday, July 29th
12:30pm (and onward)
State House, outside House Chamber (3rd Floor)
While we have made major headway by securing “Ban the Box” in the Judiciary Committee’s proposal, there are three issues that may derail our efforts in the next 7 days.
1) Associated Industries of Massachusetts (AIM), has started an active lobbying campaign against our CORI reforms. AIM has donated large sums of money for re-election campaigns. Legislators must be held accountable to the people - not big businesses.
2) The State Senate appears to be undecided whether it will take up the bill after it is passed in the House. Rapid outreach to Senators and Senate President Murray is critical.
3) The Bill #5004 includes positive provisions around sealing, ban the box, and a reduction of school zones from 1000ft to a 100ft. However, a central part of HB #5004 is a mandatory parole period for all prisoners who serve over 1 year in jail. BWA strongly opposes the blanket expansion of parole supervision.
The Message to Elected Officials:
“Dear _________, please help pass CORI reform this session. The sealing periods should be 3 and 7 years, and the criminal record question should be removed from job applications. However, I do not support mandatory parole as it will cost the state too much money, and leads to the unnecessary re-incarceration of ex-prisoners. Thank you”
Key Call-In Target:
Senate President Therese Murray
Tel: (617) 722-1500
Speaker of the House Sal DiMasi
Tel: 617-722-2500
Thank you to the hundreds of people who have already called-in and attended rallies and lobby days. Please support the movement and our final call-in efforts to target the Senate and House leadership, today and Monday.
Find your own legislator at www.wheredoivotema.com - call the State House operator at 617 722 2000.
Download a summary and text of HB #5004 at www.BostonWorkersAlliance.org
Voting on House Bill #5004 “An act to improve certain criminal justice matters” was postponed until next formal session on Tuesday (7/29).
All available supporters should join us on Tuesday:
Tuesday, July 29th
12:30pm (and onward)
State House, outside House Chamber (3rd Floor)
While we have made major headway by securing “Ban the Box” in the Judiciary Committee’s proposal, there are three issues that may derail our efforts in the next 7 days.
1) Associated Industries of Massachusetts (AIM), has started an active lobbying campaign against our CORI reforms. AIM has donated large sums of money for re-election campaigns. Legislators must be held accountable to the people - not big businesses.
2) The State Senate appears to be undecided whether it will take up the bill after it is passed in the House. Rapid outreach to Senators and Senate President Murray is critical.
3) The Bill #5004 includes positive provisions around sealing, ban the box, and a reduction of school zones from 1000ft to a 100ft. However, a central part of HB #5004 is a mandatory parole period for all prisoners who serve over 1 year in jail. BWA strongly opposes the blanket expansion of parole supervision.
The Message to Elected Officials:
“Dear _________, please help pass CORI reform this session. The sealing periods should be 3 and 7 years, and the criminal record question should be removed from job applications. However, I do not support mandatory parole as it will cost the state too much money, and leads to the unnecessary re-incarceration of ex-prisoners. Thank you”
Key Call-In Target:
Senate President Therese Murray
Tel: (617) 722-1500
Speaker of the House Sal DiMasi
Tel: 617-722-2500
Thank you to the hundreds of people who have already called-in and attended rallies and lobby days. Please support the movement and our final call-in efforts to target the Senate and House leadership, today and Monday.
Find your own legislator at www.wheredoivotema.com - call the State House operator at 617 722 2000.
Download a summary and text of HB #5004 at www.BostonWorkersAlliance.org
Today's Update on the Judiciary Committee's Criminal Justice Bill
cjpc.org
July 25, 2008
Contrary to what was anticipated and the best information that was available from the legislature, the Judiciary Committee's Criminal Justice Bill, House Bill 5004, did not reach the floor for debate yesterday. This leaves just through next Thursday for the bill to be voted on by both the House and the Senate. Please contact your state representative and ask them to talk to the leadership of the House and request that they bring H.B.5004 to vote in time for it to be voted on by the Senate also. This session of the legislature ends on Thursday, July 31. Action on this bill must be completed by then, otherwise the bill dies and has be re-filed for the next session which begins next January.
Our best information at the present time is that the House will take up consideration of the bill in its next formal session which begins at 1:00 P.M. on Tuesday. At this point it is unclear whether the Senate will schedule a vote on the bill.
Click here for a list of state representative phone numbers and email addresses. Click here if you do not know the name of your state representative.
You can reach Speaker of the House Sal DiMasi at Tel: 617-722-2500, or email him at Rep.SalvatoreDiMasi@Hou.State.MA.US, and Senate President Therese Murray Tel: (617) 722-1500 or email her at Therese.Murray@state.ma.us.
Thank you for your support in the difficult process of trying to bring about change which will start to make criminal justice humane, effective and healing.
Joel Pentlarge
Interim Executive Director
July 25, 2008
Contrary to what was anticipated and the best information that was available from the legislature, the Judiciary Committee's Criminal Justice Bill, House Bill 5004, did not reach the floor for debate yesterday. This leaves just through next Thursday for the bill to be voted on by both the House and the Senate. Please contact your state representative and ask them to talk to the leadership of the House and request that they bring H.B.5004 to vote in time for it to be voted on by the Senate also. This session of the legislature ends on Thursday, July 31. Action on this bill must be completed by then, otherwise the bill dies and has be re-filed for the next session which begins next January.
Our best information at the present time is that the House will take up consideration of the bill in its next formal session which begins at 1:00 P.M. on Tuesday. At this point it is unclear whether the Senate will schedule a vote on the bill.
Click here for a list of state representative phone numbers and email addresses. Click here if you do not know the name of your state representative.
You can reach Speaker of the House Sal DiMasi at Tel: 617-722-2500, or email him at Rep.SalvatoreDiMasi@Hou.State.MA.US, and Senate President Therese Murray Tel: (617) 722-1500 or email her at Therese.Murray@state.ma.us.
Thank you for your support in the difficult process of trying to bring about change which will start to make criminal justice humane, effective and healing.
Joel Pentlarge
Interim Executive Director
Thursday, July 24, 2008
URGENT CORI CAMPAIGN UPDATE
bostonworkersalliance.org
*CORI Bill Text* (click to download)
*CORI Bill Summary* (click to download)
The highly anticipated CORI reform bill was reported out of the Judiciary Committee today, and is scheduled to hit the House floor for a vote tomorrow (Thurs, 7/24).
The Judiciary Committee’s bill “An act improving certain criminal justice matters” includes reducing the waiting period to seal CORI to 5 and 10 years, and also includes the critical “Ban the Box” proposal which removes the criminal record question from all initial job applications.
Today (Wed, 7/23) over 100 people participated in a rally and lobby day to heighten attention to our reform proposals. But with quick movement towards a House vote, and with the Associated Industries of Massachusetts (AIM) lobbying against CORI reform, we are calling on supporters to return to the State House to support this potentially historic vote.
————-
Thursday - (7/24) Schedule of Events
10am - Emergency Coordinating Meeting / Conference Call
Neighbor to Neighbor’s Office - 8 Beacon Street, 4th Floor
Tel # 866-758-5736 — Access code 1635#.
12:30pm - Meet Outside House Chamber
1pm - Formal Session is scheduled
————-
If you cannot come to Beacon Hill, please call your State Rep. and Senator through the State House operator (617) 722-2000.
Find your officials at www.wheredoivotema.com and ask them to support reducing the sealing years, and the “ban the box” proposal. Ask your Rep. to follow Rep. Byron Rushing’s lead, who is acting as our coalition’s spokesperson within the legislature.
In addition to our two CORI priorities, “An act improving certain criminal justice matters” includes a positive provision that reduces the size of a school zone for drug crimes, and a negative measure that increases mandatory parole for certain ex-prisoners.
To view video from today’s rally, courtesy of Alternatives for Community and Environment (ACE), visit: http://www.youtube.com/user/TRidersUnion
——
Attached:
1) State House News briefing on today’s events
2) Summary of “An act improving certain criminal justice matters.”
——–
STATE CAPITOL BRIEFS – WEDNESDAY, JULY 23, 2008
STATE HOUSE NEWS SERVICE
COMMITTEE APPROVES CRIMINAL RECORD ACCESS BILL ON 6-1 VOTE
Job applicants would not be asked about their criminal history on initial job applications, and the waiting periods to seal misdemeanor and felony records would be reduced to five and 10 years, respectively, under legislation the Judiciary Committee approved Wednesday afternoon. Several committee members did not respond to the committee poll prior to its late afternoon closing. The House could consider the bill as early as Thursday, according to House Speaker Salvatore DiMasi’s office. The bill ups the civil fine for unlawful dissemination of Criminal Offender Records Information (CORI) from $500 to $5,000 and requires mandatory post-release supervision for convicts sentenced to houses of correction or jails for more than one year or to state prisons for any period. Prisoners who finish incarceration with no supervised release or who violate probation or parole would be subject to supervision for 25 percent of their maximum term, up to five years and not less than nine months. Activists had been hoping the misdemeanor and felony records could be classified after three and seven years respectively; the current limits are 10 for misdemeanors and 15 for felonies. Sex offenses would not be eligible for sealing. The bill reduces from 1,000 to 100 feet the restricted zone around schools for drug offenses. Certain drug crimes committed within that zone are subject to mandatory minimum sentences. The mandatory post-release supervision program would take effect Oct. 31, 2010. The proposal, a reworked version of Gov. Deval Patrick’s plan, is expected to head to the House. Post-release supervision proposals have run into affordability obstacles in the past. News of the committee’s polling on the bill energized advocates for ex-offenders who, at a rally in front of the State House, argued that existing criminal records rules prevent former criminal from getting jobs, increasing the likelihood of recidivism. “I don’t want to be selling drugs again,” said Alberto Gomez, who said he had been in and out of the corrections system since 1991. Gomez said his convictions shouldn’t prevent him from getting a job and putting his life back on track. “I’ve got to buy clothes. I’ve got to survive,” he said. Gomez was joined by Rep. Denise Provost, Boston City Councilor Chuck Turner and leaders from the Boston Workers Alliance, SEIU Local 615 and other advocacy organizations. Felix Arroyo, Jr., a member of SEIU Local 615, praised fellow supporters for their patience and persistence but noted that the bill still needed approval in both the House and Senate by the end of the month. Backers of the bill dispersed throughout the State House to lobby lawmakers to advance the bill to the governor’s desk.
—-
JOINT COMMITTEE ON THE JUDICIARY
BILL SUMMARY
BILL NO. H
TITLE: An act improving certain criminal justice matters.
SPONSOR:
SUMMARY:
SECTION 1. This legislation adds the Secretary of Labor and Workforce Development to the criminal history systems board. It also provides that the Governor shall appoint 10 people. In addition to the first 5 people the Governor can appoint, the Governor can also appoint a provider of victim services, 2 people experienced in workforce development, ex offender rehabilitation, or economic development and 2 people with experience in personal privacy.
SECTION 2. Changes the language in Chapter 6§ 168 so that the civil fine for a violation for unlawfully disseminating CORI, evaluative information or information pertaining to records of juvenile proceedings is increased from $500 to $5000.
SECTION 3. Changes the language in Chapter 6§ 168 so that the civil fine for a violation for a unlawfully disseminating CORI, evaluative information or information pertaining to records of juvenile proceedings can be obtained for a “knowing violation”. Currently the statute only provides for a willful violation.
SECTION 4: Strikes paragraphs 4 and 6 from Chapter 168. Paragraph 4 designated the criminal history system board to control and maintain the CORI system. Paragraph 6 provided the board with the authority to enter into contracts, and accept funds from any department, agency, subdivision of federal, state or local government, individual or public authority for providing services or staff in connection with its work.
SECTION 5. Adds a new section to Chapter 168. C. 168 § 168 ½ moves the management and operation of the CORI system from the criminal history systems board to the criminal justice information services department which shall be created within the Executive Office of Public Safety and Security. Chapter 168 ½ shall provide for a criminal justice information services department within the Executive Office of Public Safety and Security. This department shall control the installation, operation and maintenance of the CORI system. The system shall ensure prompt collection, exchange, dissemination and distribution of CORI information. The secretary of Public Safety and Security shall appoint an executive director.
SECTION 6. C. 6 § 172 governs the dissemination of CORI information to certain parties. In part it provides that the public’s interest in disseminating the information should be weighed against the interest of security or privacy. It adds language so that the public’s interest in disseminating the information should be weighed against the interest of security or privacy and the importance and value of successful reintegration of ex-offenders.
SECTION 7/8. C. 6 § 178 governs violations and penalties for any person who willfully requests or seeks to obtain CORI under false pretenses or who willfully communicates CORI to an agency. For each offense the person shall be fined not more than $5000 or imprisoned in a jail or house of correction for not more than 1 year. This legislation would make the penalty and punishment apply to a knowing violation instead of a willful violation.
SECTION 9. C. 6A §18 sets up which agencies are within the executive office of public safety and security. The agencies within the executive office of public safety are:
the dept. of public safety
the dept. of fire services
the office of grants/research and the highway safety division
the municipal police training committee
the criminal justice info services department
the statewide emergency telecommunications board
the merit rating board
the dept. of state police
the office of chief medical examiner
the MA emergency management agency
the military dept.
the department of correction and the parole board
the SORB
all agencies, boards, and committees within these
SECTION 10. Chapter 27 section 5 governs the jurisdiction of the parole board. This legislation would provide that the parole board would administer and oversee the mandatory post-release supervision of this particular category of offenders.
SECTION 11. This legislation replaces the current 2nd paragraph of Chapter 94C section 32H and provides that a person convicted of violating any provisions of these sections (certain drug offenses under Chapter 94C) shall not be eligible for probation, parole, furlough, or a sentence deduction until the mandatory minimum term of imprisonment has been served. The commissioner of correction may on the recommendation of the warden or person in charge grant a temporary release for the purposes of attending a relative’s funeral, to visit a critically ill relative, to obtain emergency or psychiatric services not available at the institution or to participate in education training or employment programs or to engage in employment pursuant to work release programs. Chapter 276 § 87 provides that certain persons can be placed on probation before trial as long as they have not been previously convicted of rape of a child with force or with a weapon (C. 265 § 22A) or assault of a child with the intent to commit rape (C. 265 § 24B) or unnatural and lascivious acts with a child U16 (C. 272 § 35A) and was 17 years or older at the time of the offense or if the child is between 14 & 17 and it’s the courts opinion that it’s in the public interest to charge this person instead of dealing with it as if the person was a child.
SECTION 12.
Creates Chapter 127A – Mandatory Post-Release Supervision
Section 1. All sentences of incarceration in a house of correction or jail for more than 1 year and all sentences in a state prison shall include a period of post-release supervision.
Those who complete the incarceration portion of their sentence without supervised release or who have been re-incarcerated for the remainder of their sentence for violating parole or probation, shall be subject to mandatory post-release supervision for 25% of the maximum term of incarceration. The maximum period of incarceration shall be 5 years but in no case shall it be less than 9 months.
An individual sentenced to incarceration for multiple offenses to be served concurrently, the greater of the maximum terms imposed at sentencing shall be used to calculate the mandatory post-release supervision period.
Mandatory post-release supervision shall not be imposed upon any individual who successfully completes a period of probation imposed at sentencing, any individual who is granted a parole permit under Chapter 127 and successfully completes it, or a person sentenced to lifetime community parole under Chapter 265, section 45 and Chapter 127, section 133D.
Section 2. An individual sentenced to a term of incarceration for more than 1 year in a house of correction or jail shall be subject to the supervision and jurisdiction of the parole board during the period of post-release supervision.
The chairman of the parole board shall establish uniform regulations for post-release supervision and for early termination of such supervision consistent with Chapters 127 and 276.
A person subject to mandatory post-release supervision who has successfully completed 9 months of supervision shall be eligible for early termination of that supervision. If under the supervision of the commissioner of probation, an order of the court is necessary for early termination to occur. If under the supervision of the parole board, early termination shall occur in accordance with procedures to be adopted in the regulations of the parole board.
Section 3. After serving 9 months of mandatory post-release supervision an individual shall be eligible for early termination of the supervision. This shall only occur in accordance with procedures established by the Parole Board. The criteria for early termination of mandatory post-release supervision shall include the amount of time the individual has successfully spent under post-release supervision, success in finding permanent employment, adequate housing, and completion of counseling or substance abuse treatment programs and success in passing all mandated testing programs.
Section 4. An individual who violates a condition of mandatory post-release supervision shall be subject to the Parole Board’s modification or revocation proceedings. If the violation of mandatory post-release supervision does not constitute a criminal offense the individual
1. may be placed under increased supervision;
2. subjected to other conditions and intermediate sanctions; or
3. incarcerated for not more than the maximum remaining period of post-release supervision or the remaining unserved sentence.
In all cases where the individual is not being incarcerated there shall be participation in an intermediate sanction through the office of community corrections.
Any violation for the use of controlled substances or operating under the influence of drugs or alcohol, the mandatory post-release supervision shall be extended to accommodate an appropriate substance abuse program but the total shall not exceed the maximum supervisory period.
For any violation of mandatory post-release supervision, the supervision period shall be stayed upon incarceration and shall be resumed upon release.
If the violation does constitute a criminal offense, the period of incarceration shall be served on and after any sentence for the new offense. Upon release, the new mandatory post-release supervision shall be calculated based on the greater of the two offenses.
Section 5. All mandatory post-release supervision shall be considered complete if any of the following conditions are met:
the individual has served a mandatory post-release supervision period of 25% of the maximum term of incarceration imposed at sentencing up to a maximum period of 5 years, but no less than 9 months.
the individual is granted early termination.
upon completion of the sentence, the individual is immediately committed to the custody of any other state to serve a sentence greater than or equal to the post-release supervision.
upon completion of the sentence, the individual is immediately committed to the custody of a federal or immigration authority.
Section 6. The chairman of the parole board shall submit and file a report by August 31, 2009 to the joint committee on the judiciary and the clerks of the house of representatives and senate. The report shall detail the following information:-
the number of incarcerated individuals whose sentence includes a period of post release supervision
the number of individuals who successfully complete the supervisions
the number of individuals who become eligible for early termination of the supervision
the criteria for early termination of post-release supervision including the amount of time the person has spent under post-release supervision, establishing housing, completing all counseling or substance abuse programs and in passing all mandated testing programs.
the number of individuals who violate a condition of mandatory post-release supervision and become subject to modification or revocation proceedings.
Section 7. This chapter shall apply to all felonies and misdemeanors committed on or after such date. All offenses committed before the passage of this shall be governed by the laws in effect at that time.
SECTION 13. C. 276 §100A governs the requests and applications for sealing records. Currently requests can be made to the Commissioner of Probation after 10 years for a misdemeanor. This would allow requests for sealing of records to be made to the Commissioner of Probation after 5 years for a misdemeanor.
SECTION 14. C. 276 §100A governs the requests and applications for sealing records. Currently requests can be made to the Commissioner of Probation after 15 years for a felony. This would allow requests for sealing of records to be made to the Commissioner of Probation after 10 years for a felony.
SECTION 15. C. 276 §100A governs the requests and applications for sealing records. Currently one of the prerequisites for a request to seal a record is that the person has not been found guilty of any criminal offense within MA in the 10 years prior to the request except for a motor vehicle offense with a penalty under $50. This would allow requests for sealing of records to be made to the Commissioner of Probation if the person has not been found guilty of any criminal offense within MA in the 5 years prior to the request for a misdemeanor and 10 years prior to the request for a felony.
SECTION 16. C. 276 §100A governs the requests and applications for sealing records. Currently one of the prerequisites for a request to seal a record is that the person has not been found guilty of any criminal offense within MA in the 10 years prior to the request except for a motor vehicle offense with a penalty under $50. This would allow requests for sealing of records to be made to the Commissioner of Probation if the person has not been found guilty of any criminal offense within MA in the 5 years prior to the request for a misdemeanor and 10 years prior to the request for a felony.
SECTION 17. C. 276 §100A governs the requests and applications for sealing records. For purposes of this section any violation sex offenses defined under C. 6 §178C shall be treated as a felony and shall not be eligible for sealing.
SECTION 18. The following new section shall be added to C. 276. Section 100D shall provide that criminal justice agencies as defined by C. 6 §167 shall have immediate access and be permitted to use as necessary for the performance of their duties any sealed CORI and any sealed information.
SECTION 19. Within 6 months of the effective date of this act, the Secretary of Public Safety and Security shall promulgate guidelines for law enforcements response to incidents of sex crimes against adults.
SECTION 20. Chapter 151B governs certain unlawful practices. This legislation would add a new subsection, 9B which would provide that it would be unlawful for an employer, agent, housing provider, educational or training institution etc. to use an application form that asks an applicant to check a box, answer a yes or no question as to whether or not he has committed a felony or has been convicted of a crime regardless of the length of time passed since conviction.
SECTION 21. This legislation would strike the current language in Chapter 94C section 32J and insert new language that reduces the school zone from 1000 feet to 100 feet. Any person who violates certain drug offenses outlined in Chapter 94C within 100 feet of a school zone shall be imprisoned in a jail or house of correction for not more than 2 years or by a fine of not less than $500 nor more than $5000 or both. The provisions of Chapter 94C subject to this new language are:-
§32 unlawful manufacture, distribution, possession with intent to manufacture a Class A substance,
§32A unlawful manufacture, distribution, possession with intent to manufacture a Class B substance,
§32B unlawful manufacture, distribution, possession with intent to manufacture a Class C substance,
§32C unlawful manufacture, distribution, possession with intent to manufacture a Class D substance,
§32D unlawful manufacture, distribution, possession with intent to manufacture a Class E substance,
§32E Trafficking in marihuana, cocaine, heroine etc.,
§32F unlawful distribution of substances in Class A-C to a minor or
§32I sale of drug paraphernalia.
An individual who has committed a 2nd violation of this section within 100 feet of a school zone shall be punished by imprisonment in state prison for not less than 2 ½ years and not more than 15 years or by imprisonment in jail or a house of correction for not less than 2 nor more than 2 ½ years. The mandatory minimum for a 2nd offense is 2 years or a fine of not less than $1000.
Any prosecution commenced under this section, evidence of a prior conviction or a prior finding of facts by original copies or certified attested copies shall be prima facie evidence that the defendant has been previously convicted. These documents shall be self-authenticating and admissible.
Section 22/23. Section 12, Mandatory Post-Release Supervision is repealed and shall take effect on October 31, 2010.
*CORI Bill Text* (click to download)
*CORI Bill Summary* (click to download)
The highly anticipated CORI reform bill was reported out of the Judiciary Committee today, and is scheduled to hit the House floor for a vote tomorrow (Thurs, 7/24).
The Judiciary Committee’s bill “An act improving certain criminal justice matters” includes reducing the waiting period to seal CORI to 5 and 10 years, and also includes the critical “Ban the Box” proposal which removes the criminal record question from all initial job applications.
Today (Wed, 7/23) over 100 people participated in a rally and lobby day to heighten attention to our reform proposals. But with quick movement towards a House vote, and with the Associated Industries of Massachusetts (AIM) lobbying against CORI reform, we are calling on supporters to return to the State House to support this potentially historic vote.
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Thursday - (7/24) Schedule of Events
10am - Emergency Coordinating Meeting / Conference Call
Neighbor to Neighbor’s Office - 8 Beacon Street, 4th Floor
Tel # 866-758-5736 — Access code 1635#.
12:30pm - Meet Outside House Chamber
1pm - Formal Session is scheduled
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If you cannot come to Beacon Hill, please call your State Rep. and Senator through the State House operator (617) 722-2000.
Find your officials at www.wheredoivotema.com and ask them to support reducing the sealing years, and the “ban the box” proposal. Ask your Rep. to follow Rep. Byron Rushing’s lead, who is acting as our coalition’s spokesperson within the legislature.
In addition to our two CORI priorities, “An act improving certain criminal justice matters” includes a positive provision that reduces the size of a school zone for drug crimes, and a negative measure that increases mandatory parole for certain ex-prisoners.
To view video from today’s rally, courtesy of Alternatives for Community and Environment (ACE), visit: http://www.youtube.com/user/TRidersUnion
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Attached:
1) State House News briefing on today’s events
2) Summary of “An act improving certain criminal justice matters.”
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STATE CAPITOL BRIEFS – WEDNESDAY, JULY 23, 2008
STATE HOUSE NEWS SERVICE
COMMITTEE APPROVES CRIMINAL RECORD ACCESS BILL ON 6-1 VOTE
Job applicants would not be asked about their criminal history on initial job applications, and the waiting periods to seal misdemeanor and felony records would be reduced to five and 10 years, respectively, under legislation the Judiciary Committee approved Wednesday afternoon. Several committee members did not respond to the committee poll prior to its late afternoon closing. The House could consider the bill as early as Thursday, according to House Speaker Salvatore DiMasi’s office. The bill ups the civil fine for unlawful dissemination of Criminal Offender Records Information (CORI) from $500 to $5,000 and requires mandatory post-release supervision for convicts sentenced to houses of correction or jails for more than one year or to state prisons for any period. Prisoners who finish incarceration with no supervised release or who violate probation or parole would be subject to supervision for 25 percent of their maximum term, up to five years and not less than nine months. Activists had been hoping the misdemeanor and felony records could be classified after three and seven years respectively; the current limits are 10 for misdemeanors and 15 for felonies. Sex offenses would not be eligible for sealing. The bill reduces from 1,000 to 100 feet the restricted zone around schools for drug offenses. Certain drug crimes committed within that zone are subject to mandatory minimum sentences. The mandatory post-release supervision program would take effect Oct. 31, 2010. The proposal, a reworked version of Gov. Deval Patrick’s plan, is expected to head to the House. Post-release supervision proposals have run into affordability obstacles in the past. News of the committee’s polling on the bill energized advocates for ex-offenders who, at a rally in front of the State House, argued that existing criminal records rules prevent former criminal from getting jobs, increasing the likelihood of recidivism. “I don’t want to be selling drugs again,” said Alberto Gomez, who said he had been in and out of the corrections system since 1991. Gomez said his convictions shouldn’t prevent him from getting a job and putting his life back on track. “I’ve got to buy clothes. I’ve got to survive,” he said. Gomez was joined by Rep. Denise Provost, Boston City Councilor Chuck Turner and leaders from the Boston Workers Alliance, SEIU Local 615 and other advocacy organizations. Felix Arroyo, Jr., a member of SEIU Local 615, praised fellow supporters for their patience and persistence but noted that the bill still needed approval in both the House and Senate by the end of the month. Backers of the bill dispersed throughout the State House to lobby lawmakers to advance the bill to the governor’s desk.
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JOINT COMMITTEE ON THE JUDICIARY
BILL SUMMARY
BILL NO. H
TITLE: An act improving certain criminal justice matters.
SPONSOR:
SUMMARY:
SECTION 1. This legislation adds the Secretary of Labor and Workforce Development to the criminal history systems board. It also provides that the Governor shall appoint 10 people. In addition to the first 5 people the Governor can appoint, the Governor can also appoint a provider of victim services, 2 people experienced in workforce development, ex offender rehabilitation, or economic development and 2 people with experience in personal privacy.
SECTION 2. Changes the language in Chapter 6§ 168 so that the civil fine for a violation for unlawfully disseminating CORI, evaluative information or information pertaining to records of juvenile proceedings is increased from $500 to $5000.
SECTION 3. Changes the language in Chapter 6§ 168 so that the civil fine for a violation for a unlawfully disseminating CORI, evaluative information or information pertaining to records of juvenile proceedings can be obtained for a “knowing violation”. Currently the statute only provides for a willful violation.
SECTION 4: Strikes paragraphs 4 and 6 from Chapter 168. Paragraph 4 designated the criminal history system board to control and maintain the CORI system. Paragraph 6 provided the board with the authority to enter into contracts, and accept funds from any department, agency, subdivision of federal, state or local government, individual or public authority for providing services or staff in connection with its work.
SECTION 5. Adds a new section to Chapter 168. C. 168 § 168 ½ moves the management and operation of the CORI system from the criminal history systems board to the criminal justice information services department which shall be created within the Executive Office of Public Safety and Security. Chapter 168 ½ shall provide for a criminal justice information services department within the Executive Office of Public Safety and Security. This department shall control the installation, operation and maintenance of the CORI system. The system shall ensure prompt collection, exchange, dissemination and distribution of CORI information. The secretary of Public Safety and Security shall appoint an executive director.
SECTION 6. C. 6 § 172 governs the dissemination of CORI information to certain parties. In part it provides that the public’s interest in disseminating the information should be weighed against the interest of security or privacy. It adds language so that the public’s interest in disseminating the information should be weighed against the interest of security or privacy and the importance and value of successful reintegration of ex-offenders.
SECTION 7/8. C. 6 § 178 governs violations and penalties for any person who willfully requests or seeks to obtain CORI under false pretenses or who willfully communicates CORI to an agency. For each offense the person shall be fined not more than $5000 or imprisoned in a jail or house of correction for not more than 1 year. This legislation would make the penalty and punishment apply to a knowing violation instead of a willful violation.
SECTION 9. C. 6A §18 sets up which agencies are within the executive office of public safety and security. The agencies within the executive office of public safety are:
the dept. of public safety
the dept. of fire services
the office of grants/research and the highway safety division
the municipal police training committee
the criminal justice info services department
the statewide emergency telecommunications board
the merit rating board
the dept. of state police
the office of chief medical examiner
the MA emergency management agency
the military dept.
the department of correction and the parole board
the SORB
all agencies, boards, and committees within these
SECTION 10. Chapter 27 section 5 governs the jurisdiction of the parole board. This legislation would provide that the parole board would administer and oversee the mandatory post-release supervision of this particular category of offenders.
SECTION 11. This legislation replaces the current 2nd paragraph of Chapter 94C section 32H and provides that a person convicted of violating any provisions of these sections (certain drug offenses under Chapter 94C) shall not be eligible for probation, parole, furlough, or a sentence deduction until the mandatory minimum term of imprisonment has been served. The commissioner of correction may on the recommendation of the warden or person in charge grant a temporary release for the purposes of attending a relative’s funeral, to visit a critically ill relative, to obtain emergency or psychiatric services not available at the institution or to participate in education training or employment programs or to engage in employment pursuant to work release programs. Chapter 276 § 87 provides that certain persons can be placed on probation before trial as long as they have not been previously convicted of rape of a child with force or with a weapon (C. 265 § 22A) or assault of a child with the intent to commit rape (C. 265 § 24B) or unnatural and lascivious acts with a child U16 (C. 272 § 35A) and was 17 years or older at the time of the offense or if the child is between 14 & 17 and it’s the courts opinion that it’s in the public interest to charge this person instead of dealing with it as if the person was a child.
SECTION 12.
Creates Chapter 127A – Mandatory Post-Release Supervision
Section 1. All sentences of incarceration in a house of correction or jail for more than 1 year and all sentences in a state prison shall include a period of post-release supervision.
Those who complete the incarceration portion of their sentence without supervised release or who have been re-incarcerated for the remainder of their sentence for violating parole or probation, shall be subject to mandatory post-release supervision for 25% of the maximum term of incarceration. The maximum period of incarceration shall be 5 years but in no case shall it be less than 9 months.
An individual sentenced to incarceration for multiple offenses to be served concurrently, the greater of the maximum terms imposed at sentencing shall be used to calculate the mandatory post-release supervision period.
Mandatory post-release supervision shall not be imposed upon any individual who successfully completes a period of probation imposed at sentencing, any individual who is granted a parole permit under Chapter 127 and successfully completes it, or a person sentenced to lifetime community parole under Chapter 265, section 45 and Chapter 127, section 133D.
Section 2. An individual sentenced to a term of incarceration for more than 1 year in a house of correction or jail shall be subject to the supervision and jurisdiction of the parole board during the period of post-release supervision.
The chairman of the parole board shall establish uniform regulations for post-release supervision and for early termination of such supervision consistent with Chapters 127 and 276.
A person subject to mandatory post-release supervision who has successfully completed 9 months of supervision shall be eligible for early termination of that supervision. If under the supervision of the commissioner of probation, an order of the court is necessary for early termination to occur. If under the supervision of the parole board, early termination shall occur in accordance with procedures to be adopted in the regulations of the parole board.
Section 3. After serving 9 months of mandatory post-release supervision an individual shall be eligible for early termination of the supervision. This shall only occur in accordance with procedures established by the Parole Board. The criteria for early termination of mandatory post-release supervision shall include the amount of time the individual has successfully spent under post-release supervision, success in finding permanent employment, adequate housing, and completion of counseling or substance abuse treatment programs and success in passing all mandated testing programs.
Section 4. An individual who violates a condition of mandatory post-release supervision shall be subject to the Parole Board’s modification or revocation proceedings. If the violation of mandatory post-release supervision does not constitute a criminal offense the individual
1. may be placed under increased supervision;
2. subjected to other conditions and intermediate sanctions; or
3. incarcerated for not more than the maximum remaining period of post-release supervision or the remaining unserved sentence.
In all cases where the individual is not being incarcerated there shall be participation in an intermediate sanction through the office of community corrections.
Any violation for the use of controlled substances or operating under the influence of drugs or alcohol, the mandatory post-release supervision shall be extended to accommodate an appropriate substance abuse program but the total shall not exceed the maximum supervisory period.
For any violation of mandatory post-release supervision, the supervision period shall be stayed upon incarceration and shall be resumed upon release.
If the violation does constitute a criminal offense, the period of incarceration shall be served on and after any sentence for the new offense. Upon release, the new mandatory post-release supervision shall be calculated based on the greater of the two offenses.
Section 5. All mandatory post-release supervision shall be considered complete if any of the following conditions are met:
the individual has served a mandatory post-release supervision period of 25% of the maximum term of incarceration imposed at sentencing up to a maximum period of 5 years, but no less than 9 months.
the individual is granted early termination.
upon completion of the sentence, the individual is immediately committed to the custody of any other state to serve a sentence greater than or equal to the post-release supervision.
upon completion of the sentence, the individual is immediately committed to the custody of a federal or immigration authority.
Section 6. The chairman of the parole board shall submit and file a report by August 31, 2009 to the joint committee on the judiciary and the clerks of the house of representatives and senate. The report shall detail the following information:-
the number of incarcerated individuals whose sentence includes a period of post release supervision
the number of individuals who successfully complete the supervisions
the number of individuals who become eligible for early termination of the supervision
the criteria for early termination of post-release supervision including the amount of time the person has spent under post-release supervision, establishing housing, completing all counseling or substance abuse programs and in passing all mandated testing programs.
the number of individuals who violate a condition of mandatory post-release supervision and become subject to modification or revocation proceedings.
Section 7. This chapter shall apply to all felonies and misdemeanors committed on or after such date. All offenses committed before the passage of this shall be governed by the laws in effect at that time.
SECTION 13. C. 276 §100A governs the requests and applications for sealing records. Currently requests can be made to the Commissioner of Probation after 10 years for a misdemeanor. This would allow requests for sealing of records to be made to the Commissioner of Probation after 5 years for a misdemeanor.
SECTION 14. C. 276 §100A governs the requests and applications for sealing records. Currently requests can be made to the Commissioner of Probation after 15 years for a felony. This would allow requests for sealing of records to be made to the Commissioner of Probation after 10 years for a felony.
SECTION 15. C. 276 §100A governs the requests and applications for sealing records. Currently one of the prerequisites for a request to seal a record is that the person has not been found guilty of any criminal offense within MA in the 10 years prior to the request except for a motor vehicle offense with a penalty under $50. This would allow requests for sealing of records to be made to the Commissioner of Probation if the person has not been found guilty of any criminal offense within MA in the 5 years prior to the request for a misdemeanor and 10 years prior to the request for a felony.
SECTION 16. C. 276 §100A governs the requests and applications for sealing records. Currently one of the prerequisites for a request to seal a record is that the person has not been found guilty of any criminal offense within MA in the 10 years prior to the request except for a motor vehicle offense with a penalty under $50. This would allow requests for sealing of records to be made to the Commissioner of Probation if the person has not been found guilty of any criminal offense within MA in the 5 years prior to the request for a misdemeanor and 10 years prior to the request for a felony.
SECTION 17. C. 276 §100A governs the requests and applications for sealing records. For purposes of this section any violation sex offenses defined under C. 6 §178C shall be treated as a felony and shall not be eligible for sealing.
SECTION 18. The following new section shall be added to C. 276. Section 100D shall provide that criminal justice agencies as defined by C. 6 §167 shall have immediate access and be permitted to use as necessary for the performance of their duties any sealed CORI and any sealed information.
SECTION 19. Within 6 months of the effective date of this act, the Secretary of Public Safety and Security shall promulgate guidelines for law enforcements response to incidents of sex crimes against adults.
SECTION 20. Chapter 151B governs certain unlawful practices. This legislation would add a new subsection, 9B which would provide that it would be unlawful for an employer, agent, housing provider, educational or training institution etc. to use an application form that asks an applicant to check a box, answer a yes or no question as to whether or not he has committed a felony or has been convicted of a crime regardless of the length of time passed since conviction.
SECTION 21. This legislation would strike the current language in Chapter 94C section 32J and insert new language that reduces the school zone from 1000 feet to 100 feet. Any person who violates certain drug offenses outlined in Chapter 94C within 100 feet of a school zone shall be imprisoned in a jail or house of correction for not more than 2 years or by a fine of not less than $500 nor more than $5000 or both. The provisions of Chapter 94C subject to this new language are:-
§32 unlawful manufacture, distribution, possession with intent to manufacture a Class A substance,
§32A unlawful manufacture, distribution, possession with intent to manufacture a Class B substance,
§32B unlawful manufacture, distribution, possession with intent to manufacture a Class C substance,
§32C unlawful manufacture, distribution, possession with intent to manufacture a Class D substance,
§32D unlawful manufacture, distribution, possession with intent to manufacture a Class E substance,
§32E Trafficking in marihuana, cocaine, heroine etc.,
§32F unlawful distribution of substances in Class A-C to a minor or
§32I sale of drug paraphernalia.
An individual who has committed a 2nd violation of this section within 100 feet of a school zone shall be punished by imprisonment in state prison for not less than 2 ½ years and not more than 15 years or by imprisonment in jail or a house of correction for not less than 2 nor more than 2 ½ years. The mandatory minimum for a 2nd offense is 2 years or a fine of not less than $1000.
Any prosecution commenced under this section, evidence of a prior conviction or a prior finding of facts by original copies or certified attested copies shall be prima facie evidence that the defendant has been previously convicted. These documents shall be self-authenticating and admissible.
Section 22/23. Section 12, Mandatory Post-Release Supervision is repealed and shall take effect on October 31, 2010.
Joint Committee on the Judiciary
On July 23, 2008 the Joint Committee on the Judiciary polled its members on reporting out of committtee a draft of a criminal justice bill which address, CORI Reform, work release for prisoners serving mandatory minimum sentences for drug offenses, mandatory parole for all prisoners, and shrinking the size of school zones to 100 feet for enhanced drug dealing penalties. The Judiciary Committee prepared its own summary of this bill’s provisions.
www.cjpc.org
www.cjpc.org
Further update on the Criminal Justice Bill
Further Update
on the Judiciary Committee's
Criminal Justice Bill
July 24, 2008
The text of the bill which was circulated for polling to the Judiciary Committee is now posted on the CJPC.org web site along with the summary of the bill provided by the Judiciary Committee. This bill has a new number, House Bill 5004.
The bill will be debated on the floor of the House this afternoon. CJPC urges you to come to the debate in person at the State House if possible, or call your state representative to support CORI reform, work release for drug offenders, and reducing school zones and school zone penalties. If you do not who your representative is go to Where Do I Vote.
You can also watch the proceedings on line.
Joel Pentlarge,
Interim Executive Director
on the Judiciary Committee's
Criminal Justice Bill
July 24, 2008
The text of the bill which was circulated for polling to the Judiciary Committee is now posted on the CJPC.org web site along with the summary of the bill provided by the Judiciary Committee. This bill has a new number, House Bill 5004.
The bill will be debated on the floor of the House this afternoon. CJPC urges you to come to the debate in person at the State House if possible, or call your state representative to support CORI reform, work release for drug offenders, and reducing school zones and school zone penalties. If you do not who your representative is go to Where Do I Vote.
You can also watch the proceedings on line.
Joel Pentlarge,
Interim Executive Director
Action Alert on the Judiciary Committee's Criminal Justice Bill
July 24, 2008
Dear Friends,
Yesterday the Joint Committee on the Judiciary polled its members on reporting a criminal justice bill which addresses a number of Public Safety administrative reorganization concerns as well as issues which have been central to CJPC's focus for the past several years, among which concerns are :
· CORI Reform
· Work Release for Prisoners Serving Mandatory Minimum Drug Sentences
· Mandatory Parole for all Released Prisoners
Reducing School Zones from 1,000 feet to 100 feet and Reducing the
added Penalties for Drug Dealing in School Zones for first time offenders.
It is anticipated that this bill will be introduced on the floor of the House today's formal session which begins at 1:00 P.M. This was filed yesterday with the House as H.B. 5004 and was referred to the House Ways and Means Committee. The bill is not listed on the House Calendar for today which includes 40 pages of bills to be acted on. The leadership can ask for unanimous consent to consider the bill today, and normally the leadership will receive such consent.
The CORI coalition is encouraging supporters to go to the State House this afternoon to watch the process and show support for the CORI sections of the proposed legislation. Families Against Mandatory Minimums (FAMM), MA chapter, is urging their supporters to support the school zone changes and the eligibility for work release, and oppose the mandatory parole for all released prisoners.
Short Summary
CORI
The provisions on CORI Reform would reduce the time for sealing criminal records to 5 years for a misdemeanor and 10 years for a felony. It would also ban employers from asking on job applications whether applicants have a criminal record, but employers can still ask this question in an actual job interview.
School Zones
The bill reduces the size of a school zone from 1,000 feet to 100 feet. It also reduces the penalty for first time school zone offenders, although the penalty for all other school zone convictions remains the same. For first time offenders:
Maximum sentence of two years (currently 15 years);
No mandatory minimum sentence (currently a 2 year mandatory sentence); and
No requirement that a school zone sentence must be added on to another sentence (currently required).
Work Release for Drug Offenders
Eligibility for work release. Prisoners who are currently serving mandatory minimum drug sentences will now be eligible to participate in work release programs. Work release programs help prisoners prepare for their return to the community.
Mandatory Parole
For a two-year trial period, any sentence for more than one year would include a mandatory period of supervision after the prisoner is released. The parole period would be limited to 25% of the maximum sentence imposed with a minimum of 9 months and maximum of 5 years for the parole period. This requirement would only apply to persons who committed crimes after the effective date of the legislation, it would not apply to anyone currently in prison.
CJPC is in the process of posting the complete text of this bill on its web site CJPC.org and will do a more detailed summary and analysis of the bill.
Sincerely,
Joel Pentlarge,
Interim Executive Director
www.cjpc.org
Dear Friends,
Yesterday the Joint Committee on the Judiciary polled its members on reporting a criminal justice bill which addresses a number of Public Safety administrative reorganization concerns as well as issues which have been central to CJPC's focus for the past several years, among which concerns are :
· CORI Reform
· Work Release for Prisoners Serving Mandatory Minimum Drug Sentences
· Mandatory Parole for all Released Prisoners
Reducing School Zones from 1,000 feet to 100 feet and Reducing the
added Penalties for Drug Dealing in School Zones for first time offenders.
It is anticipated that this bill will be introduced on the floor of the House today's formal session which begins at 1:00 P.M. This was filed yesterday with the House as H.B. 5004 and was referred to the House Ways and Means Committee. The bill is not listed on the House Calendar for today which includes 40 pages of bills to be acted on. The leadership can ask for unanimous consent to consider the bill today, and normally the leadership will receive such consent.
The CORI coalition is encouraging supporters to go to the State House this afternoon to watch the process and show support for the CORI sections of the proposed legislation. Families Against Mandatory Minimums (FAMM), MA chapter, is urging their supporters to support the school zone changes and the eligibility for work release, and oppose the mandatory parole for all released prisoners.
Short Summary
CORI
The provisions on CORI Reform would reduce the time for sealing criminal records to 5 years for a misdemeanor and 10 years for a felony. It would also ban employers from asking on job applications whether applicants have a criminal record, but employers can still ask this question in an actual job interview.
School Zones
The bill reduces the size of a school zone from 1,000 feet to 100 feet. It also reduces the penalty for first time school zone offenders, although the penalty for all other school zone convictions remains the same. For first time offenders:
Maximum sentence of two years (currently 15 years);
No mandatory minimum sentence (currently a 2 year mandatory sentence); and
No requirement that a school zone sentence must be added on to another sentence (currently required).
Work Release for Drug Offenders
Eligibility for work release. Prisoners who are currently serving mandatory minimum drug sentences will now be eligible to participate in work release programs. Work release programs help prisoners prepare for their return to the community.
Mandatory Parole
For a two-year trial period, any sentence for more than one year would include a mandatory period of supervision after the prisoner is released. The parole period would be limited to 25% of the maximum sentence imposed with a minimum of 9 months and maximum of 5 years for the parole period. This requirement would only apply to persons who committed crimes after the effective date of the legislation, it would not apply to anyone currently in prison.
CJPC is in the process of posting the complete text of this bill on its web site CJPC.org and will do a more detailed summary and analysis of the bill.
Sincerely,
Joel Pentlarge,
Interim Executive Director
www.cjpc.org
Sunday, July 20, 2008
CORI Reform Day of Action!
http://bostonworkersalliance.org/index.php/?p=314
July 23, 2008
12:00 pm
to
1:00 pm
BWA and the CORI Coalition are calling on supporters to join us on Wednesday at the State House @ 12pm to raise pressure for the passage of CORI reform this month.
Speak Out and Lobby DayWednesday, July 23rd12pm @ State House Steps
12pm - Speak out and gather on State House Steps
12:30 - Enter State House and visit legislative offices
Efforts to pass CORI reform are reaching a climax, and it is crucial for supporters to have a visible presence within the State House. Your support in this Lobby Day can help bring our movement to victory.
If you would like to arrange a meeting with your own legislator for Wednesday, please RSVP to: atanaka@bostonworkersalliance.org with your address or name of Rep / Senator.
Thank you for your ongoing support. Join us on Wednesday, July 23rd @ 12pm! Please forward to your colleagues and contacts to support this CORI Day of Action.
http://www.bostonworkersalliance.org/
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CORI Reform UpdateFriday July 17, 2008
After missing the July 17th deadline, the Judiciary Committee Chaired by Representative Eugene O’Flaherty has requested additional time to report out a CORI bill by the end of this month.
While the delay in reporting a bill narrows the opportunity for reforms this session, our coalition is calling for a final outpouring of support for meaningful reforms before July 31st.
Currently, a legislative team led by Rep. Byron Rushing, Rep. Frank Smizik, Rep. Gloria Fox, and Rep. Benjamin Swan are enlisting other State Reps to support our four main priorities:
1) Ban the Box - Remove the criminal history question from all job applications
2) Fair Hiring - Only check CORI as the last step in the hiring process; require relevance and accuracy of CORI
3) Sealing at 3 and 7 - Reduce the waiting period to seal felonies after 7 years and misdemeanors after 3 years.
4) Non-convictions - Semi-automatic sealing of dismissed, not guilty and continued without findings.
Representatives Rushing, Smizik, Fox and Swan met with Chairman O’Flaherty this week to discuss our priorities and encourage prompt action on a bill. Chairman O’Flaherty indicated his decision to align himself with the Governor’s bill and set sealing periods at 5 and 10 years. However, he is still amenable to “banning the box” and removing non-convictions in the CORI bill.
It is therefore incumbent on our movement to pressure Chairman O’Flaherty to include these provisions in the Judiciary’s bill. The forthcoming bill is also said to include progressive reforms that change harsh school zone drug penalties, reduce to mandatory minimums and increase access to programs by prisoners.
Key Call-In Targets:
1) Chairman Rep. Eugene O’Flaherty, (617) 722-2396 / rep.geneoflaherty@hou.state.ma.us
2) Speaker of the House Sal DiMasi, (617) 722-2500 / rep.salvatoredimasi@hou.state.ma.us
3) Senate President Therese Murray, (617) 722-1500 / therese.murray@state.ma.us
4) Governor Deval Patrick - 617 725-4005
Call-In or E-mail these decision makers today for CORI reform. Demand passage of a CORI bill before July 31st.
Fighting for Jobs and CORI Reform, Now!
–Aaron TanakaBoston Workers Alliance51 Roxbury St.Roxbury, MA 02119
p. 617.427.8108c. 617.359.0336f. 617.442.9404
atanaka@bostonworkersalliance.org
www.BostonWorkersAlliance.org
July 23, 2008
12:00 pm
to
1:00 pm
BWA and the CORI Coalition are calling on supporters to join us on Wednesday at the State House @ 12pm to raise pressure for the passage of CORI reform this month.
Speak Out and Lobby DayWednesday, July 23rd12pm @ State House Steps
12pm - Speak out and gather on State House Steps
12:30 - Enter State House and visit legislative offices
Efforts to pass CORI reform are reaching a climax, and it is crucial for supporters to have a visible presence within the State House. Your support in this Lobby Day can help bring our movement to victory.
If you would like to arrange a meeting with your own legislator for Wednesday, please RSVP to: atanaka@bostonworkersalliance.org with your address or name of Rep / Senator.
Thank you for your ongoing support. Join us on Wednesday, July 23rd @ 12pm! Please forward to your colleagues and contacts to support this CORI Day of Action.
http://www.bostonworkersalliance.org/
——-
CORI Reform UpdateFriday July 17, 2008
After missing the July 17th deadline, the Judiciary Committee Chaired by Representative Eugene O’Flaherty has requested additional time to report out a CORI bill by the end of this month.
While the delay in reporting a bill narrows the opportunity for reforms this session, our coalition is calling for a final outpouring of support for meaningful reforms before July 31st.
Currently, a legislative team led by Rep. Byron Rushing, Rep. Frank Smizik, Rep. Gloria Fox, and Rep. Benjamin Swan are enlisting other State Reps to support our four main priorities:
1) Ban the Box - Remove the criminal history question from all job applications
2) Fair Hiring - Only check CORI as the last step in the hiring process; require relevance and accuracy of CORI
3) Sealing at 3 and 7 - Reduce the waiting period to seal felonies after 7 years and misdemeanors after 3 years.
4) Non-convictions - Semi-automatic sealing of dismissed, not guilty and continued without findings.
Representatives Rushing, Smizik, Fox and Swan met with Chairman O’Flaherty this week to discuss our priorities and encourage prompt action on a bill. Chairman O’Flaherty indicated his decision to align himself with the Governor’s bill and set sealing periods at 5 and 10 years. However, he is still amenable to “banning the box” and removing non-convictions in the CORI bill.
It is therefore incumbent on our movement to pressure Chairman O’Flaherty to include these provisions in the Judiciary’s bill. The forthcoming bill is also said to include progressive reforms that change harsh school zone drug penalties, reduce to mandatory minimums and increase access to programs by prisoners.
Key Call-In Targets:
1) Chairman Rep. Eugene O’Flaherty, (617) 722-2396 / rep.geneoflaherty@hou.state.ma.us
2) Speaker of the House Sal DiMasi, (617) 722-2500 / rep.salvatoredimasi@hou.state.ma.us
3) Senate President Therese Murray, (617) 722-1500 / therese.murray@state.ma.us
4) Governor Deval Patrick - 617 725-4005
Call-In or E-mail these decision makers today for CORI reform. Demand passage of a CORI bill before July 31st.
Fighting for Jobs and CORI Reform, Now!
–Aaron TanakaBoston Workers Alliance51 Roxbury St.Roxbury, MA 02119
p. 617.427.8108c. 617.359.0336f. 617.442.9404
atanaka@bostonworkersalliance.org
www.BostonWorkersAlliance.org
Sunday, July 13, 2008
Making start on CORI
Making start on CORI
By Adrian Walker
Globe Columnist / July 8, 2008
Source
The idea of making it easier for convicts to get jobs has always been a tough sell at the State House.
But even though the Legislature appears almost militantly opposed to passing bills this session, there is a good chance that some changes are in store for the much-maligned Criminal Offender Record Information law, better known as CORI.
Reform would be too strong a description, especially for legislation that has literally been years in coming. The finished product will shorten the period before records are sealed and may make it easier for those who are arrested, but not convicted, to have their record cleared.
People hoping for more are frustrated by what it will not include. Advocates were especially hopeful that employers could be banned from asking applicants right off the bat whether they had ever been convicted of crimes. Employers would have been able to ask about criminal history later in the process.
Most of all, they worry that if a watered-down bill is passed this session, the Legislature will not revisit the issue for years. "It is a major concern, because we know that CORI has not been touched in any significant way in decades," said Aaron Tanaka of the Boston Workers Alliance, which has taken a leading role in lobbying for the bill.
There isn't much dispute in the Legislature that CORI needs fixing, but there is vast disagreement over what is wrong with the law and how to repair it. Before Governor Deval Patrick essentially seized control of the issue, there were more than two dozen bills on file purporting to address it. Some would ease access to records, some would limit it. While the warring bills have been eliminated, the factions that produced them remain vital.
Representative Eugene O'Flaherty, the House chairman of the Judiciary Committee, told me he worries that a flurry of competing and contradictory amendments could still sink efforts to change the law. He said he hopes to persuade his colleagues to stick as closely as possible to the legislation as written.
I realize many people view CORI as a remote issue. But the reality is that almost everyone convicted of a crime will eventually reenter the work force or will try to. There is strong argument for making that path easier than it is now.
One of the great complications in reforming CORI, as O'Flaherty points out, is that different kinds of employers have different needs. Obviously, employers in areas affecting public safety, for example, need to know the background of the people they are hiring, and they may as well know right up front. Some would argue that in other areas, a long-ago conviction for a relatively minor infraction is less crucial. But crafting a bill that takes every possibility into account is impossible. Flaherty says he hopes to persuade legislators to buy into this bill as a first step, which can be refined down the road.
CORI is interesting because it mirrors our whole conflicted view of how to deal with people who commit crime. We struggle with whether we really believe in rehabilitation, whether we want convicts living down the street, whether we want them as co-workers, whether a debt to society is ever really paid.
The bill O'Flaherty is proposing will include several provisions unrelated to CORI, including one that would ease penalties for first-time drug offenders arrested in school zones.
"My whole district is a school zone," notes O'Flaherty, whose district includes Chelsea and Charlestown. "I don't think someone arrested at 3 a.m. should necessarily go to prison because they are arrested within 1,000 feet of a school." Yes, O'Flaherty is a defense lawyer, as many will no doubt point out.
This bill doesn't solve every problem with criminal records, but some action is preferable to the lip service this issue has received to date. Helping criminal offenders restart their lives is no simple task. One hopes that the governor and the Legislature are sincere when they suggest that this bill is just a start, rather than the last word, on how we plan to treat people with prison in their past.
Adrian Walker is a Globe columnist. He can be reached at walker@globe.com.
By Adrian Walker
Globe Columnist / July 8, 2008
Source
The idea of making it easier for convicts to get jobs has always been a tough sell at the State House.
But even though the Legislature appears almost militantly opposed to passing bills this session, there is a good chance that some changes are in store for the much-maligned Criminal Offender Record Information law, better known as CORI.
Reform would be too strong a description, especially for legislation that has literally been years in coming. The finished product will shorten the period before records are sealed and may make it easier for those who are arrested, but not convicted, to have their record cleared.
People hoping for more are frustrated by what it will not include. Advocates were especially hopeful that employers could be banned from asking applicants right off the bat whether they had ever been convicted of crimes. Employers would have been able to ask about criminal history later in the process.
Most of all, they worry that if a watered-down bill is passed this session, the Legislature will not revisit the issue for years. "It is a major concern, because we know that CORI has not been touched in any significant way in decades," said Aaron Tanaka of the Boston Workers Alliance, which has taken a leading role in lobbying for the bill.
There isn't much dispute in the Legislature that CORI needs fixing, but there is vast disagreement over what is wrong with the law and how to repair it. Before Governor Deval Patrick essentially seized control of the issue, there were more than two dozen bills on file purporting to address it. Some would ease access to records, some would limit it. While the warring bills have been eliminated, the factions that produced them remain vital.
Representative Eugene O'Flaherty, the House chairman of the Judiciary Committee, told me he worries that a flurry of competing and contradictory amendments could still sink efforts to change the law. He said he hopes to persuade his colleagues to stick as closely as possible to the legislation as written.
I realize many people view CORI as a remote issue. But the reality is that almost everyone convicted of a crime will eventually reenter the work force or will try to. There is strong argument for making that path easier than it is now.
One of the great complications in reforming CORI, as O'Flaherty points out, is that different kinds of employers have different needs. Obviously, employers in areas affecting public safety, for example, need to know the background of the people they are hiring, and they may as well know right up front. Some would argue that in other areas, a long-ago conviction for a relatively minor infraction is less crucial. But crafting a bill that takes every possibility into account is impossible. Flaherty says he hopes to persuade legislators to buy into this bill as a first step, which can be refined down the road.
CORI is interesting because it mirrors our whole conflicted view of how to deal with people who commit crime. We struggle with whether we really believe in rehabilitation, whether we want convicts living down the street, whether we want them as co-workers, whether a debt to society is ever really paid.
The bill O'Flaherty is proposing will include several provisions unrelated to CORI, including one that would ease penalties for first-time drug offenders arrested in school zones.
"My whole district is a school zone," notes O'Flaherty, whose district includes Chelsea and Charlestown. "I don't think someone arrested at 3 a.m. should necessarily go to prison because they are arrested within 1,000 feet of a school." Yes, O'Flaherty is a defense lawyer, as many will no doubt point out.
This bill doesn't solve every problem with criminal records, but some action is preferable to the lip service this issue has received to date. Helping criminal offenders restart their lives is no simple task. One hopes that the governor and the Legislature are sincere when they suggest that this bill is just a start, rather than the last word, on how we plan to treat people with prison in their past.
Adrian Walker is a Globe columnist. He can be reached at walker@globe.com.
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