CORI Reform

Campaign Reform Back

2008-08-05T22:06:00.000-04:00

BostonWorkersAlliance.org

Posted Friday, August 1, 2008
The CORI reform bill H. #5004 expired last Thursday July 31st upon the conclusion of the 2008 formal legislative season. Despite positive signaling from House leadership, the bill was sent to the Ways and Means Committee and was never reported out for a vote. While the legislature’s failure to enact reforms was disappointing, the CORI bill adopted by the Judiciary Committee represented a major breakthrough for our movement.

Most notably, H. #5004 included our “ban the box” proposal, which would remove the criminal record question from all job applications in the state. Removing the check box would end upfront discrimination against applicants who posses the necessary skills and character for a job. This provision was secured through an unrelenting public pressure campaign, and brought us closer to being the first state in the country to banning the initial question for all employers.

While HB #5004 included sealing reductions (5 and 10 years) and our “ban the box” proposals, the omnibus bill was saddled with regressive criminal justice provisions that ultimately derailed its passage. Specifically, the bill included a plan to make parole supervision mandatory for all prisoners who were sentenced to over 1 year in jail. The expansion of parole would be costly, and would increase the likelihood that prisoners were re-incarcerated due to technical violations, rather than any new offenses.

With only 4 days between the bill’s unveiling and the end of the session, it became clear that HB #5004 would only pass if both chambers accepted the bill without amendments. While the House was geared to pass the bill, the Senate’s more progressive leaders were resistant to accepting the package at face value. In the end, the lack of time, the regressive parole section, and conflict between the two chambers blocked our coalition’s efforts to pass reforms this season.

While legislative efforts are now on hold until January 2009, our grassroots coalition has made undeniable strides towards tangible CORI relief. In the last 3 months since the statewide “Walk to Freedom” from Worcester to Boston, we have met with over 100 legislators and secured a clear majority of supporters in both the House and the Senate. Our coalition and allies have generated thousands of telephone calls and letters that have elevated CORI reform to the forefront of our legislature’s agenda.

In the last two weeks, hundreds of concerned constituents walked the halls of the State House to tell their CORI stories and to plea for reforms in the system. Without a doubt, those suffering from CORI discrimination and their many allies will be back next January with stronger and more militant advocacy. The next 5 months will be used to expand our public buy-in and to dispel the misinformation deployed by the opposition group, Associated Industries of Massachusetts (AIM).

Representatives Byron Rushing, Frank Smizik, Gloria Fox and Benjamin Swan should be thanked for their leadership in the House on this issue. Governor Patrick should be commended for introducing a CORI bill, but should be moved towards more substantive and vocal leadership next session.

The Boston Workers’ Alliance is grateful to the 80+ organizational endorsers of the CORI reform campaign. We expect to hold a major CORI reform summit in the fall, and hope that you and yours will join us in the next step of our movement. Thank you to our partners - most notably EPOCA, Neighbor to Neighbor and Mass Law Reform Institute - for their dedicated leadership in this modern civil rights struggle. Thank you to MARC, Councilor Turner, AFSC, and the Stanley Jones Clean Slate Project for laying the foundation for this now flourishing coalition.

We fight for a day when our members can work and support their families with dignity, and are judged by the content of their charcter rather than by the mark of a criminal record. Thank you for your diligent pariticpation in our movement for jobs, freedom and fairness. With your continued support, we look forward to moving our coalition to victory in 2009.

A second chance for ex-cons

2008-08-05T22:02:00.001-04:00

Source

EX-OFFENDERS can face a grim choice: Get a low-wage job that doesn’t pay the bills or commit better-paying crimes — such as selling drugs — that could land them back in jail. They need better options.

Governor Patrick sought to help with a bill that would reform the state’s Criminal Offender Record Information system by sealing criminal records sooner, so that job candidates wouldn’t be dogged by past crimes. (This would not apply to sex offenders.)

The bill died at the end of the legislative session. ‘‘We just ran out time,’’ Patrick said. He predicts it will be a priority next session.

But legislation is just one avenue of help for ex-offenders.

‘‘We want people to look at the ex-offender differently,’’ says Benjamin Thompson, the former executive director of STRIVE/Boston Employment Service, a local nonprofit. He points to the short-sightedness of imagining that every ex-offender is a violent time bomb, when in fact many have committed nonviolent crimes for what he calls ‘‘economic reasons.’’

Thompson also thinks ex-offenders have to be willing to say, ‘‘I’m going to work as hard as I’ve sinned.’’ So STRIVE is using a $58,000 federal grant to send 14 ex-offenders to Bunker Hill Community College. They’ll hold jobs and take two classes.

Ex-offenders who earn at least $15 an hour, Thompson says, make better decisions about their lives.

Once CORI reform is in place, lawmakers should call for more ex-offender college programs and job placement assistance. Philanthropists could provide funds to expand the program and cover unexpected bills for basics such as healthcare.

With support, ex-offenders could become community staples: strong workers, parents, and taxpayers.

Is AIM advocating illegal discrimination?

2008-08-03T08:57:00.017-04:00

According to the Associated Industries of Massachusetts website and an AIM press release written by the Executive Vice President of Government Affairs at the Associated Industries of Massachusetts, John R. Regan, they are advocating that employers use non-conviction CORI data during the hiring process. Using non-conviction CORI data to disqualify a job applicant is illegal in Massachusetts.

AIM surprisingly also advocated against legislation (HB 5004) that would make convicted sex offenders ineligible from ever sealing their CORI records.

From AIM Website: "AIM argued that limiting access to criminal and felony records places the employer, employees, clients and the public at significant risk. In many cases, in order to have a CORI background in Massachusetts an individual may have committed several offenses, prior to being caught or convicted. That scenario is true especially for sex offenders."

According to Massachusetts General Laws Chapter 15l B, Section 4; 804 CMR 3.01 this information cannot be used in the decision making during the hiring process.

"Employers may not ask about, maintain a record of, or base any employment decision on the following information if they have requested it:

Arrests or prosecution that did not lead to a conviction;"

We at corireform.com will continue to fight against this type of illegal discrimination advocated by AIM. This fight is far from over.

CORI Bill Stalls in House Ways and Means, Advocates Vow Rematch

2008-08-01T20:30:00.000-04:00

by Jason Pramas (Staff), Aug-01-08

http://www.openmediaboston.org/node/263

BOSTON/Beacon Hill - The hopes of advocates for the passage of a criminal justice bill (House Bill 5004 "An Act to Improve Certain Criminal Justice Matters") that would have reformed the controversial Criminal Records Information System were dashed this week when the House Ways and Means Committee failed to report the bill out favorably for a vote on the House floor. With the current 2 year session of the Massachusetts legislature now essentially over, the bill will have to be refiled for the next session later this year.

"We're obviously disappointed that we weren't able to pass a bill this session, but we consider getting the ban the box proposal into the bill a major step forward," said Aaron Tanaka of the pro-CORI reform organization Boston Workers Alliance in reference to the section of the bill that would end the standard employer practice of putting a check-off box on employment applications asking applicants if they have ever committed a crime.

The main CORI reform provision of the bill would have reduced the time former criminals would have to wait to have their criminal records sealed from 15 years after time served for felony convictions to 10 years, and from 10 years for misdemeanor convictions to 5 years.

Tanaka continued, "We should be a stronger position to pass a better bill in the next session. What we found is that there's strong support for CORI reform on both sides of the chamber the issue that ended up derailing the bill was the mandatory parole supervision that was included in the criminal justice package"

According to advocates, the bill was primarily defeated by wrangling between the Chair of the House Judiciary Committee State Representative Eugene L. O'Flaherty - who attempted to add a "poison pill" provision to the bill that would have mandated that all criminals incarcerated for 1 year or more would have to complete parole for the greater of 9 months or 25% of time served - and House and Senate bill supporters who pointed out that adding such a provision would essentially defeat the purpose of the CORI reform provisions of the bill since recidivism rates are much higher for former criminals on parole than off.

Despite strong support for the CORI provisions in both the House and Senate, and a nod from Governor Deval Patrick, O'Flaherty and his legislative allies were able to derail the bill before it got to a House vote.

In addition to the legislative opponents there were also some powerful organizational detractors of the bill, notably the state's main business lobby, Associated Industries of Massachusetts.

AIM's executive vice-president for government affairs, John R. Regan, released a letter to area press last week expressing employer concerns that passage of CORI reforms would weaken employers ability to know about the criminal histories of job applicants.

In a phone interview, Regan elaborated, "It's not a secret that we had concerns with the bill. I would state that there were things we did support. Steps to make sure data in the system was accurate. I understand the computer system they use to store this stuff is quite old. Upgrading the system, we'd support that. Increased training for employers on how to read the CORI reports - to make sure everyone is reading the reports correctly.

"The things we were concerned about include the sealing of records containing public information," Regan concluded. "And I think that related to that concern was making sure employers have sufficient info to make a well informed decision about any job candidate."

It is unclear if the two camps will come any closer to accord in the next session. But one thing is certain, the Boston Workers Alliance and other advocates for the rights of former criminals in the job market will be back for another go starting later this year.

The Democrats Fail To Pass CORI Reform……….Again!

2008-08-01T07:01:00.003-04:00

08/01/2008

corireform.com

We should be familiar with this story by now. Year after year the Democratic super majority in the Massachusetts Legislature appear to be poised to pass a CORI reform bill just to let it die quietly. This year was no different. H.B. 5004 offered minor CORI reform change but it was a positive bill nonetheless.

We still live in a state where a non-conviction record cannot be sealed for 10-15 years and workers will continue to be discriminated against. It doesn’t matter much to the Democrats on Beacon Hill that innocent people are barred from working in MA as long as they get the financial support of big business to finance their re-election campaigns.

Business groups like the Associated Industries of Massachusetts (AIM) filled the campaign coffers of our elected officials for their re-election bids as we watched any hope we had to end this discrimination fall by the wayside. This is something we should not and cannot forget when election time rolls around.

Fighting Back!

2008-08-01T00:07:00.004-04:00

http://www.touchfm.org/corireform.html

Boycott companies that discriminate because of CORI. Click the image below for more information.

Click here for more information about CORI REFORM

Businesses winning CORI fight

2008-07-30T18:09:00.004-04:00

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?”

Advocates Rally as CORI Reform Bill Moves to a House Vote

2008-07-26T12:59:00.002-04:00

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.

BWA CORI Campaign Update

2008-07-25T19:29:00.000-04:00

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

2008-07-25T19:25:00.002-04:00

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

URGENT CORI CAMPAIGN UPDATE

2008-07-24T20:29:00.002-04:00

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.

Joint Committee on the Judiciary

2008-07-24T20:25:00.001-04:00

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

Further update on the Criminal Justice Bill‏

2008-07-24T20:23:00.000-04:00

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

Action Alert on the Judiciary Committee's Criminal Justice Bill

2008-07-24T20:20:00.002-04:00

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

CORI Reform Day of Action!

2008-07-20T16:47:00.004-04:00

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/

——-

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

Making start on CORI

2008-07-13T15:38:00.001-04:00

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.

CORI Reform Update

2008-06-25T17:29:00.007-04:00

CJPC.org

June 24, 2008

Dear Friends,

The following information regarding the status of CORI legislation is based on an update by Aaron Tanaka of the Boston Worker's Alliance (BWA), an organizational member of the Mass. Alliance to Reform CORI to which CJCP belongs. There are four sections:

1) New Health and Human Services Regulations
2) Urgent CORI Bill Update
3) Call for Action!
4) Fact Sheets and Background

1) Executive Office of Health and Human Service (EOHHS) CORI regulations

In January of 2008, Governor Deval Patrick signed Executive Order No. 495 "Regarding the Use and Dissemination of Criminal Record Information." The campaign to secure an Executive Order on CORI was led by the BWA, the Union of Minority Neighborhoods, the Massachusetts Law Reform Institute, and Boston City Councilor Chuck Turner along with the CJPC. While broader efforts for CORI reform were still stalled in the legislature, advocates pressed Patrick to make good on his campaign promises to take timely and meaningful action on CORI. While the Executive Order and the proposed CORI bill falls short of the Governor's lofty campaign rhetoric, several key provisions will have positive, broad scale impacts for job seekers across the Commonwealth.

Within the Executive Order, three central reforms have been identified as key victories for the CORI reform movement.

The first major reform is a requirement for employers receiving CORI reports to complete training on how to properly read the records. CORI reports are written in difficult to decipher code and employers are often unable to distinguish between cases that were dismissed or found not guilty and those resulting in a conviction. A single incident also often results in multiple entries on a CORI, leading employers who are unable to read records to assume that the applicant was arrested more than once. Under the new regulations, employers must pass a written examination on reading a CORI before being certified to receive the sensitive data.

A second major reform will create Fair Hiring policies for all state agencies that hire public workers. Through the Executive Order, a CORI check can only be conducted after an applicant has received an interview and is considered otherwise qualified for the position. The Executive Order moves the CORI check to the last step in the hiring process, and prevents applicants from being weeded out before having their resume, references and motivation considered. As the largest employer in the Commonwealth, these changes to the state's internal hiring policies will have broad implications for tens of thousands of government jobs.

Third, the Executive Order broadly reformed regulations that prevent those with CORI from working in health and human service fields. Previous Health and Human Service regulations required employers to follow a crime table that disqualified many CORI applicants from work. Additinally, an employer was only allowed to hire people with certain CORIs by obtaining a positive letter from a law enforcement agent or by paying a certified counselor for a mental health evaluation of the applicant. This impractical requirement had effectively barred qualified health care professionals with CORI from obtaining work.

Changes to the Executive Office of Health and Human Service regulations have now reopened this large employment sector to those with criminal records. The new regulations remove the assumed disqualification of those with CORI, and instruct health agencies to only consider misdemeanors that are less than 5 years old and felonies that under 10 years old. The requirement to obtain a letter from law enforcement or from a therapist has also been removed, and a number of crimes have been removed from the crime tables. New EOHHS are also expected to remove the criminal record check box from initial job applications forms.

These EOHHS regulations affect 495 state health and human service agencies, and also apply to the tens of thousands of businesses and agencies that receive contracts from the Health and Human Services Department. In total, the new CORI friendly regulations will affect over 180,000 employees in the human services field across the Commonwealth.

2) Urgent CORI Bill Update

The state legislature is planning to bring a CORI reform bill to a vote before the end of this session. If a bill does not pass before summer recess on July 31st, no new reforms will be considered until 2009. Currently, CORI reform has been stalled in the Judiciary Committee chaired by State Rep. Eugene O'Flaherty (D., Chelsea,) and State Senator Robert Creedon (D., Brockton). The next month represents a critical window to gain desperately needed reforms.

Sealing Old CORI

The Judiciary Committee has settled on Governor Patrick's timid recommendations to reduce the sealing periods to 5 years for misdemeanor and 10 years for a felony from the current 10 years for misdemeanor and 15 or felony. Because the forthcoming bill does not go far enough, the Mass Alliance to Reform CORI continues to build legislative support for 3 and 7 years respectively and will introduce an amendment once a bill is released.

"Ban the Box"

The Chairs are still undecided regarding whether to include our key demand to remove the CORI question from all initial job application forms. Divulging a criminal history in an initial application discourages employers from considering resumes, references or relevance of the offense.

Based solely on the job form, employers are 50% less likely to offer interviews to white applicants and 64% less likely to callback black applicants with a record (Statistics from the BWA factsheet. See below for a more complete discussion.) Ending upfront discrimination by banning the box would visibly improve job access for residents across the state.

As O'Flaherty and Creedon are still undecided on this provision, widespread public pressure can help ensure that the "ban the box" is included in the upcoming bill. Boston and Cambridge have already removed the criminal question from job applications, and we are calling on the state to expand those model guidelines to all Massachusetts employers.

3) Call for Action!*

Call your legislators and tell them to support CORI Reform. Ask your representative to speak with Chairman O'Flaherty in support of removing the criminal history question from all initial job applications and moving the bill out of committee with a positive recommendation. Find out who your state representative is at http://rs6.net/tn.jsp?e=0011br7x9gA8BrRaxEHyw3xHq4euCYXo84_WckyxZ3YKlBInWzkECPty3fochhDhfFOvRRcD0B77Q3H3bzUiTxSuxzCrYrVoiTvyrSL12Gt_bA5xqGkB6gh1jBRmqj_-MIJyWyMk9Pu1Wx3hTvJVPP_mw== / then call the State House operator at (617) 722-2000 to get connected.

* Target the following key decision makers. Write an email, make a phone call or request a meeting! We are a grassroots coalition, so please gather your friends or share your organizational clout to help influence these key politicians.

Rep. Eugene O'Flaherty - 617 722-2396 / mailto:Rep.GeneOFlaherty@Hou.State.MA.US "Please remove the criminal record question from all initial job application forms. Employers should only consider criminal records for applicants who are otherwise qualified for the job. "Speaker Sal DiMasi - 617 722-2500 / mailto:mRep.SalvatoreDiMasi@Hou.State.MA.US "Please ensure that a CORI bill is passed this session before summer recess. Reduce the sealing period to 3 and 7 and take the CORI question off of all job applications.

"Governor Deval Patrick - 617 725-4005/ Governor Patrick email -
"Please fulfill your campaign promises and your public commitment to pass CORI reform this year. Ensure that the criminal record question is removed from all initial job application forms."

Please email info@cjpc.org to let us know what you have done and any response you receive so we can track legislators. If you need help in meeting with your legislator, call Joel Pentlarge, CJPC Interim Executive Director at 617-426-5222 or Jpentlarge@cjpc.org .

Please help spread the word and thank you for supporting this grassroots movement for jobs, dignity and justice. The time for change is now!

4) Fact Sheets and Background(

a) Remove the Question from Initial Job Applications

The proposed amendment removes the criminal record question from initial jobs application forms. This measure encourages employers to consider the skills and qualifications of an applicant before considering the existence of a criminal history. Removing the criminal record question from initial job applications alters the timing of a criminal record inquiry, but does not limit an employers' access to such information.

Employers who use job applications to screen ex-offenders must delay criminal record inquires until after the applicant is interviewed and deemed otherwise qualified for a position.

According to the BWA employers who use initial employment applications to screen ex-offenders have grown from 56% in 1996 to over 80% of all employers in 2004. Once someone with a CORI record self-reports a criminal history on a job application, most employers will not consider resumes, references or personal character. Based solely on the criminal record question, employers are 50% less likely to offer interviews to white applicants and 64% less likely to interview black applicants. This type of job discrimination effectively bans people with CORIs from most entry-level jobs, and causes employers to overlook skilled members of our workforce.

In 2004-2005 Boston instituted model CORI reforms by removing the criminal history question from all municipal job applications and requiring over 8,000 private city vendors to also revise their application forms. Following Boston's lead, cities across the country including Cambridge, Chicago, Minneapolis, St. Paul, Austin, San Francisco, and Oakland removed the question from job applications and moved criminal history inquiries to the last step in the hiring process. Any state level CORI reform should begin with the expansion of the Boston and Cambridge successful hiring model to all Massachusetts state, municipal and private employers.

(b) Reduce the Waiting Period to Seal CORIs

Reduce the sealing period of CORI reports to 3 years for misdemeanors and 7 years for felonies after court supervision is complete.

Studies across the country by state Departments of Corrections show rates of recidivism are high in the first two years after release, but are significantly lower in the third year, and approach zero risk by the fifth year. Someone who has not re-offended within 7 years have less than a 1% recidivism rate.. "Almost half (47%) of inmates who recidivated did so within one year of being released; by 18 months after release, 67percent of those who recidivated had returned to prison."(Massachusetts Recidivism Study, pg.2) Those individuals who have not re-offended within 7 years have less than a 1% recidivism rate..

Key elements of the proposed amendments are:

· Law enforcement agencies as well as agencies that work with vulnerable populations would maintain access to sealed records.

· Records can only remain sealed if a person does not violate the law again. Any new conviction revives the old convictions, and restarts the waiting period.

· Sex offense records and crimes against children would not be changed by this proposal

Other States

Other states have adopted sealing periods that are significantly shorter than the current Massachusetts waiting time of 10 years for a misdemeanor and 15 years for a felony. Massachusetts should join other states and adopt CORI reform that increases the opportunities for people with CORI records to become fully integrated members of society.

Sample States:

· Michigan: An individual convicted of no more than one offense can have the conviction record set aside 5 years after imposition or completion of sentence, whichever is later. Certain traffic offenses, certain sexual offenses, and some serious offenses cannot be sealed. (In Massachusetts, traffic offenses which carry no incarceration penalty are not a part of CORI, according to CMR 803.203)

· Utah: 15 years for certain multiple "class B and C" misdemeanors, 10 years for alcohol- or drug related traffic offense; otherwise 7 years for most felonies and 3-5 years for a misdemeanor. .

· Oregon: Except for certain violent, sexual, and traffic offenses, many adult convictions may be sealed after 3 years after the completion of the sentence, including class C felonies, misdemeanors for which imprisonment may be imposed.

· Ohio: Non-convictions can be sealed. First offenders may apply to have their record expunged 3 years after a felony conviction, or 1 year after a misdemeanor conviction. Except for murder and certain sexual offenses, juvenile adjudications of unruliness and delinquency may be sealed after 2 years have elapsed since discharge.

Reducing the long waiting period to seal CORIs promotes the idea that employers should only access records that matter, and to the degree that it increases employment of those with criminal records, and employment of ex-offenders is major factor in reducing recidivism which reduces crime.

Sincerely,

Joel Pentlarge
Interim Executive Director

CORI Alert - Urgent Action Needed!

2008-06-11T21:52:00.007-04:00

Alert - Reform CORI Now URGENT ACTION IS NEEDED!

Currently, the Judiciary Committee is meeting to draft a comprehensive criminal justice bill, including CORI reform!

The Committee has not made a decision, so we need YOUto take action and voice your support!

The CORI system denies access to jobs and housing for thousands ofex-offenders, preventing them from becoming productive members of society,and contributes to a declining workforce. Without access to employment andhousing, ex-offenders are not encouraged to work hard and play by the rules.

To help create a stronger and safer Massachusetts, we need to reformthe CORI system to create a smarter approach to reduce recidivism andend the cycle of crime, homelessness, and unemployment. We need to:

Shorten sealing times to 7 years for a felony and 3 years for a misdemeanor, after the end of court supervision respectively.

Remove the criminal question from the initial employment application.

Adopt fair hiring guidelines to increase fairness and match employers with skilled workers.

Remove non-convictions from CORI reports that are sent to employers and housing authorities.

This month, people with CORI records carried out an historic five day50-mile march to change this unfair system. Hundreds rallied in front ofthe State House to share their stories and voice their support for CORIreform.

We need you to keep up the momentum!

Make sure your voice is heard!

CALL your State Representative & Senator NOW 617-722-2000Or email your State Rep at Rep.[your Rep's first name & your Rep's lastname]@state.ma.usor your Senator at [your senator's first name].[their last name]@.state.ma.us

To find the name of your State Senator ("Rep in General Court"),log on to http://www.wheredoivotema.com/

"Hi, my name is ______. I live [or work] at ______. I support comprehensive CORI reform that includes shortening the sealing periodto 3 and 7, removing the criminal question from the initial employment application, removing non-convictions, and adopting fair hiring guidelines. Please communicate your support to Chairman Rep. Eugene O' Flaherty (House) or Chairman Sen. Bob Creedon (Senate). My phone number is _____. Thank you."

AFTER YOU MAKE YOUR CALLS, PLEASE CALL Neighbor to Neighbor @ 617-723-6866 or email wilnelia@n2nma.org We need to know how many calls were made to each Legislator!

http://www.n2nma.org/ http://www.green-rainbow.org/

CORI reform unlikely

2008-06-07T09:19:00.002-04:00

Local marchers rally in Boston

By John J. Monahan TELEGRAM & GAZETTE STAFF jmonahan@telegram.com

Source

BOSTON— While people charged with crimes are deemed innocent unless proven guilty in court, many never convicted are punished for years after an arrest, denied jobs and housing based on records of their arrests distributed by the state Criminal Offender Record Information system as public records.

It is one of many complaints about the criminal record system that brought several hundred people to the Statehouse yesterday calling for reform, including about 20 who joined a four-day march from Worcester to Boston.

Upon arrival, however, the group learned the proposed CORI reforms have run aground in the House Judiciary Committee, and the chances of the law covering criminal records being reformed before the Legislature ends formal sessions for the year in July now seem remote.

The legislation would eliminate reporting of arrests and court proceedings that did not result in a conviction or guilty finding, reduce the length of time convictions remain on public records and impose new standards for accuracy in response to widespread reports of inaccurate information appearing on criminal histories routinely distributed to employers, government agencies and others.

State Sen. Edward M. Augustus Jr., D-Worcester, recommended the demonstrators talk to lawmakers and urge them to act on the reforms over the next two months. He said when the government says it wants people to go to work and stay on the “straight and narrow” and then puts in place barriers to those goals, it is “sending a mixed message.”

“I had one person tell me they were in court and the judge from the bench said, ‘Oh I see your client beat the system once before,’ because they had an acquittal come up on their CORI,” Mr. Augustus said. “That means you are innocent. It shouldn’t inhibit you from getting a job or getting an apartment.”

Under the current system, Mr. Augustus said, criminal convictions and often arrests without convictions, “become a life sentence” as the system allows the records to follow them for many years when applying for jobs or renting a home.

The proposed legislation would reduce the public reporting of most felony convictions from 15 to 7 years after a probation or sentence period ends, and limit misdemeanor conviction reporting to 5 years. If adopted, the changes would not prevent police from accessing those records.

“The period of time we go back on misdemeanors and felonies is way too long. We need to shrink that window of time. And then we need to make sure that things like acquittals and arrests with no convictions are not on CORIs. We need to change the law,” Mr. Augustus said.

Earlier this week, Rep. Eugene O’Flaherty, D-Boston, chairman of the House Judiciary Committee, reported that the bill has run into a lot of “roadblocks” because of the many complicated issues involving reintegration of ex-convicts into communities and the interest of employers to job screen applicants. His comments gave little hope the bill could be acted on soon.

One Worcester resident at the demonstration, Marylyn Moore, said she and her two children, ages 8 and 12, are now homeless and living in one room in a shelter as she tries to overcome past substance abuse and ongoing health problems. She said she has been denied jobs and housing by the Worcester Housing Authority because of misdemeanors on her record involving shoplifting and other lesser offenses.

“I want to bring my kids up decently. My kids deserve to live in a good place,” she said, adding she is now almost 50 years old. When she has found work, she said, “I have to worry every day I go to work, if they are going to find my CORI.”

She said she is hoping reforms limit public access to her past record to three years, to give her a chance to improve her life.

Yakov Kronrad, 27, who ran unsuccessfully for the Worcester City Council in 2003, said serious drug convictions as well as some charges that did not hold up in court appear on his CORI record and have hurt his job prospects even though he completed college and earned a post-graduate degree. He said he lost jobs as a teacher and working on computer software when his CORI record surfaced in the past.

He said although his were “nonviolent drug offenses,” he will not be able under the current system to get his record sealed until 2019. Changes in the law would allow him to have the conviction record sealed in 2011, he said.

CORI Marchers Welcomed by State House Rally

2008-05-24T21:59:00.001-04:00

by Angela Caputo-Papastamos and Jason Pramas (Staff), May-23-08

http://www.openmediaboston.org/node/169

BOSTON/Beacon Hill - After marching for 5 days from Worcester to Boston for reform of the Criminal Offender Record Inquiry system in Massachusetts, a group of over a dozen ex-prisoners and supporters led by members of Ex-Prisoners and Prisoners Organizing for Community Advancement was received by a lively 250-person rally in front of the State House yesterday. Allies from labor, community and religious groups from across the Commonwealth were on hand.

"50 miles is nothing compared to the pain and suffering we've endured for CORI Reform," said Debra Murray, Neighbor to Neighbor Springfield Coordinator , "And we didn't march for nothing ... if I have to, I will march to the White House."

The march and rally are part of a growing movement to change a system that advocates believe keeps ex-prisoners out of decent jobs, housing and volunteer opportunities long after they've served their time and completed probation. Regardless of type of offense they've committed.
"It doesn't matter if you're innocent, guilty, or your case was dismissed - you still have a CORI, and no second chance," said rally MC Wilnelia Rivera, another Neighbor to Neighbor staffer.
Advocates are asking state government for 3 changes to CORI: shorten the time period for sealing records to 7 years for felonies and 3 years for misdemeanors after completion of probation (currently at 15 and 10 years respectively), remove non-convictions from the CORI system, and institute fair hiring practices by removing the standard section asking ex-prisoners to "check the box if you have a criminal record" from hiring applications.

"I have a non-conviction CORI record from over twenty years ago and it's branded on my forehead like a scarlet letter. No matter what I do, I can't get a job," said Judith Foster," Boston Workers Alliance member. "We need to change this broken system to give single-mothers like me a chance to support our families."

Despite the attendance of a couple of politicians, including State Senator Edward Augustus (D-Worcester), CORI reformers still have a uphill battle in state government before reforms will be enacted. As such, attendees spent the rest of the afternoon inside the State House lobbying legislators in the midst of ongoing annual budget hearings.
For more information, check out the websites of Boston Workers Alliance and Neighbor to Neighbor.

Advocates of limiting crime-record use fault Patrick bill

2008-05-24T21:52:00.002-04:00

By John C. Drake
Globe Staff / May 23, 2008

http://www.boston.com/news/local/articles/2008/05/23/advocates_of_limiting_crime_record_use_fault_patrick_bill/?page=full

Advocates for limiting the use of criminal records in hiring decisions say they are disappointed that Governor Deval Patrick, who promised reform as a candidate, offered a bill they say falls short and that has failed to advance in the House.

Dozens of people with criminal records ended a four-day march from Worcester to Boston yesterday with a State House rally, where they called for drastic changes to the use of Criminal Offender Record Information, or CORI, which advocates say has denied them jobs and education years after they paid their debts to society.

"God wipes away your past, but society doesn't allow you to move on," said Debra Murray, 50, who served 2 1/2 years' probation following a marijuana possession and distribution conviction in 1993. "I made a bad decision in 1993, and since then I've gotten a job, but when they did a background check and found out I had a felony record, I was released from that job."
Since taking office, Patrick has issued an executive order barring state agencies from considering a job applicant's criminal record until after a person is deemed qualified for the position. He also revised the state's use of CORI to allow people with criminal records to work at agencies that receive funding from the Department of Health and Human Services.

Advocates hailed those as positive steps, but say they were disappointed his CORI reform legislation requires a longer waiting period before criminal records are sealed than would the Public Safety Act, which passed the state Senate two years ago. Patrick's bill, under consideration by the House Judiciary Committee, reduces from 10 years to five the time that must pass before a misdemeanor is sealed in a person's record, and reduces the waiting period from 15 years to 10 for felonies. The Public Safety Act would reduce the waiting period to three years and seven years, respectively.

"When Deval Patrick campaigned, he campaigned for strong criminal justice reform," said Horace Small, executive director of the Union of Minority Neighborhoods. "What's starting to emerge is a pattern of - and I'm only speaking on behalf of the Union of Minority Neighborhoods - that Deval Patrick ain't who he says he is."

Patrick, who faced accusations of being soft on crime during his gubernatorial campaign, did not publicly commit to specific CORI-reform legislation as a candidate. He was attacked during his primary campaign for supporting the Public Safety Act, but he denied being a supporter, and his name was removed from a website listing backers of the legislation. But he said he supported CORI reform in general and introduced his specific legislation in January. A spokeswoman for Patrick referred calls about CORI-reform legislation to Kevin M. Burke, secretary of the Executive Office of Public Safety.

"No matter what's done, not everyone is going to be satisfied," said Terrel Harris, a spokesman for Burke. "But it is movement in the right direction."

Harris stressed the bill cuts in half the amount of time a person would have to wait to have his or her criminal record sealed. But it's not enough, the advocates say.

"His sealing time is too long," said Steve O'Neill, executive director of the Ex-prisoners and Prisoners Organizing for Community Advancement, based in Worcester. "Studies show that if someone doesn't" commit another crime in seven years, "there's less than a 1 percent chance that they would."

In addition, advocates said the governor's legislation falls short in that it does not prevent employers from asking about an employee's criminal record early in the job search or remove nonconvictions from the criminal record.

Opponents of CORI reform legislation say employers ought to have more, not less, access to potential employees' criminal records.

Associated Industries of Massachusetts, an employer advocacy group, has called CORI a vital tool for due diligence in the hiring and screening process. The group is opposed to any changes to employer access to the database.

Aaron Tanaka, Boston Workers Alliance executive director, said, however, that he wished the governor was pressing more for the Legislature to act on the bill before this year's session expires.

"Our concern is that he's passed the buck," Tanaka said. "We don't think that he is doing enough to push this measure through the Legislature."

David Guarino, a spokesman for House Speaker Salvatore F. DiMasi, said House leaders and Burke are "working aggressively" to reach an agreement on CORI reform legislation.
"We're working with the secretary now to come up with the strongest possible proposal," Guarino said.

Representative Eugene O'Flaherty, Democrat of Charlestown, said the Judiciary Committee has been occupied, but he expects the committee to send a CORI reform package to the full House before the session ends in July.

"We plan on having a piece of legislation on the table that is CORI-related and involves some of the issues that the governor has raised in his filing and some other issues that we think will make some sense," O'Flaherty said.

Harris said the administration wants the House to act on his bill this session.
"We're trying to make sure they understand what we're trying to accomplish, and that is to fulfill the wishes of the governor to reform CORI to make it easier for those who have criminal-offender records to lead productive, fruitful lives and not be penalized for something they may have done earlier in their lives."

O'Neill suggested another year's delay on CORI reform would not be acceptable.
"I just hope they understand there are a lot of people who can't wait another year for the details of this to be sorted out," O'Neill said.

Juan Filomeno, 50, of Worcester said he has not been able to get work as a travel agent or auto mechanic - fields in which he is trained - due to a felony conviction on charges related to domestic violence. He most recently was turned down for a custodial job.
Filomeno was one of dozens of former convicts to walk the last leg of the 50-mile march.
"Our hope is that this type of demonstration will raise the issue of CORI so that legislators know that we're not going away, because the problem doesn't go away until we pass legitimate CORI reform."

John C. Drake can be reached at jdrake@globe.com .

Illegal Employer Practices

2008-04-12T06:04:00.011-04:00

If it is illegal for an employer to use, request or store CORI information from job applicants that do not have convictions then why does the Commonwealth of MA continue to send them this information? Is the Criminal Offender Systems Board in violation of Massachusetts law?

Employers have been given a free ride to discriminate against hard working Americans for too long. Please support CORI reform. Contact Governor Patrick and your state representatives to let them know this illegal practice needs to stop and you support real CORI reform not the Governors watered down proposal that does nothing to address the important issue of employer discrimination against Massachusetts residents with non-conviction CORI records.

Chapter 151B: Section 4. Unlawful practices
Section 4. It shall be an unlawful practice:

9. For an employer, himself or through his agent, in connection with an application for employment, or the terms, conditions, or privileges of employment, or the transfer, promotion, bonding, or discharge of any person, or in any other matter relating to the employment of any person, to request any information, to make or keep a record of such information, to use any form of application or application blank which requests such information, or to exclude, limit or otherwise discriminate against any person by reason of his or her failure to furnish such information through a written application or oral inquiry or otherwise regarding: (i) an arrest, detention, or disposition regarding any violation of law in which no conviction resulted.......

http://www.mass.gov/legis/laws/mgl/151b-4.htm

http://www.mass.gov/mcad/crimrec.html

Man Can't Land Job After Criminal Record Mix-Up

2008-04-04T23:08:00.000-04:00

Man Can't Land Job After Criminal Record Mix-Up

Man Told To Get Lawyer

FRANKLIN, Mass. -- A local man said he cannot get a job because a mandatory background check incorrectly said he has a lengthy criminal record.
Man Says State Mixed Up Record

NewsCenter 5's Pam Cross reported that Jim Marchand, of Franklin, said no one will believe that his mandatory criminal record check, or CORI record, is wrong.

Marchard, who worked at the same job for 18 years until his employer died, admitted he has two alcohol-related convictions on his record from a decade ago. When he had a CORI check for a new job, he found out that his record was littered with additional charges and convictions.
"Thirty-eight charges that aren't even mine and I've never even heard of," Marchard said.
The CORI results are several pages long and include charges of assault, breaking and entering and disturbing the peace.

He and another James Marchand both live in Franklin and were both born in June 1962, though on different days.

A state Web site tells residents in Marchand's position that they must go to each court mentioned to clear their names, in his case more than a half dozen. It's happened so often that legal experts call it identity entanglement.

"Absolutely, it's a terrible process. Here you have the criminal history system's board that is in charge of criminal records and how they are dealt with, and they are just sort of shucking the responsibility. They have taken it on now," said Ernest Windsor, of the Massachusetts Law Reform Institute.

Following a lawsuit, the state agreed to improve the system. But for now, the recommendation is the same -- fix your own problem by appearing in court.
"I went to Dedham, I went to Milford, I went to Wrentham, and they all told me the same thing -- get a lawyer," he said.

Still out of work, Marchand said he can't afford a lawyer.
"I've never even been to these towns (of the offenses). No one believes me," Marchard said.
New regulations overhauling the state's criminal records system could go into effect as early as July.

http://www.thebostonchannel.com/news/15797022/detail.html

Message from CJPC

2008-04-04T17:23:00.002-04:00

Dear Friends,

CJPC has posted at the web site www.cjpg.org the text of Governor Patrick's testimony before the Legislature's Judiciary Committee in support of his own bill for CORI reform. The Governor was warmly welcomed by Co-Chair of the Judiciary Eugene O'Flaherty, as the "first working Governor in over ten years." The Governor has already issued an Executive Order which significantly advances the cause of CORI reform. The Governor's testimony gives a substantial boost to his proposed legislation, and the testimony stresses many of the same points that CJPC and its allies have been making in advocating for CORI reform. These points include that:
at least 95% of all prisoners are eventually released;

20,000 prisoners are released every year in Massachusetts out of a total population of over 25,000 prisoners held in the county jails and state prisons;
reducing recidivism among released prisoners, is an effective way of reducing crime, because at the present time almost half of released prisoners recidivate after one year;
access to employment, housing and services substantially reduce recidivism rates;
programs like the Parole Board's Transitional Housing Program cost 50% of the $43,000 that it costs per year to keep a prisoner incarcerated.

if a released prisoner has not reoffended within 3 years [for a misdemeanor] and 7 years [for a felony] there is very little chance that he or she will reoffend;
spending money on rehabilitation efforts and neglecting to provide the necessary post-release support is bad fiscal policy.

There is still room for improvement in the Governor's proposed CORI legislation including proposed amendments which would:
1. allow sealing of records after seven years for a felony and three years for a misdemeanor; 2. require that prospective employees be first deemed qualified for a job before their CORI record is checked; 3. provide that non-convictions should be removed from an individual's CORI.

Sincerely,

Joel Pentlarge

email: chair@cjpc.org
phone: 617 426 5222
web: http://rs6.net/tn.jsp?e=001Ce8ovez19p0ox1mOvZs2FxFhLSnt5ruWLcLzKsueQDzdoeWy99hBQlNm6LaiwLfjDOVOHMpJhjLEh7xi-U8H9zkCzIcG9Gc7N70tDLo0i5Q=

Plan to seal criminal records quicker

2008-03-19T21:46:00.000-04:00

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.

Legislators slam Patrick's criminal records bill

2008-03-19T21:40:00.001-04:00

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.

Call-In for CORI Reform This Week!

2008-03-19T21:28:00.004-04:00

From: http://bostonworkersalliance.org/index.php/?p=274

Posted Wednesday, March 19, 2008

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

2008-03-19T21:19:00.007-04:00

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

2008-03-19T21:17:00.001-04:00

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.

CJPC on this weeks CORI Hearing

2008-03-16T22:49:00.001-04:00

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

Governor’s CORI Hearing

2008-03-15T21:20:00.001-04:00

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.

Governor’s CORI Bill #4476 Full Text (click here to download)

With a criminal record - and a child

2008-02-04T18:49:00.000-05:00

February 4, 2008

THERE IS another voice to be considered as Governor Patrick's CORI reform legislation moves through the State House ("Smart push for rehabilitation," Editorial, Jan. 29). Children of parents with a criminal record also bear the burden of current Criminal Offender Record Information regulations, and their voices are often missing from the debate.

Parents with CORI issues have limited access to formal, living-wage jobs, leaving their children living in poverty. In addition to employment restrictions, parents with criminal records are denied access to public housing, leaving families to live in less than desirable situations, such as in homeless shelters, substandard housing, or overcrowded conditions.

There is damage being done by current regulations. We hope the new regulations will be the right prescription to keep kids safe while avoiding the side effects of the current policy.

Dr. MEGAN SANDELSUSAN CROWLEY
Boston

http://www.boston.com/bostonglobe/editorial_opinion/letters/articles/2008/02/04/with_a_criminal_record___and_a_child/

Smart push for rehabilitation

2008-02-04T18:46:00.000-05:00

January 29, 2008

MOST discussions of crime policy center on how to punish those who break the law. Just as crucial to public safety, though, is how Massachusetts government agencies and the private sector deal with offenders who finish up their sentences. As Governor Patrick noted in his State of the State speech last week, 97 percent of inmates end up back in society. Over the years, though, the state's Criminal Offender Record Information system, a valuable tool for law enforcement, has been used in ways that deprive offenders of the chance to establish themselves in legitimate jobs.

Earlier this month, the Patrick administration announced a package of reforms that would tune the system up, without putting the public at peril. Patrick's team deserves credit for taking a nuanced approach.

Politically, the safest course is to do nothing; there is no broad public outcry, after all, on behalf of ex-convicts. But problems with the criminal records system, better known as CORI, are legion. The data are hard to read and sometimes inaccurate. Regulations of the Executive Office of Health and Human Services restrict or forbid the hiring of offenders by the department or its many contractors - effectively shutting ex-cons out of a major sector of the Massachusetts economy. Surely there is a way to open up opportunities for ex-offenders while still keeping ex-drug-dealers out of hospital pharmacies.

Toward that end, the governor has issued an executive order that calls for delaying a criminal background check by state agencies until after an applicant is deemed qualified for a position, and for basing decisions on whether an ex-convict's offense is relevant to a given job. The order will force a revision of health and human services rules under which people convicted of a broad variety of offenses - most serious, but some less so - are effectively disqualified for life from working in the health care sector. The order also calls for better education of employers who use CORI.

State lawmakers should be receptive to the parts of Patrick's CORI plan that need legislative action. Under legislation proposed by the governor, the board that oversees the criminal records system would be expanded to include appointees with experience in workforce development and the rehabilitation of former convicts.

Most of Patrick's plans track the recommendations of a task force convened in 2006 by the Boston Foundation. But the governor steps out ahead of the task force in one potentially controversial way: His legislation would allow most offenders to have their records sealed sooner - after 10 years instead of 15 for felonies, and five years instead of 10 for misdemeanors.

This proposal is entirely reasonable. It acknowledges that, while ex-inmates are likely to reoffend in the early years after their release, those who've stayed clean for five or more years are unlikely to get into trouble again. To get their records sealed, ex-cons would have to stay out of trouble. Meanwhile, law enforcement agencies would be given clearer access to sealed records than they have now, and sex offenders would not have the option of sealing their records at all.
Patrick's proposals are only the beginning of a slow process of encouraging employers to use criminal-records data in a more sophisticated way. But they are likely, in the long run, to make CORI data more reliable and easy to use - and to give ex-cons who want to reenter society a greater chance to do so.

http://www.boston.com/bostonglobe/editorial_opinion/editorials/articles/2008/01/29/smart_push_for_rehabilitation/

Governor Patricks CORI reform bill

2008-01-13T22:15:00.000-05:00

01/13/08

We have read the governor’s proposal to reform CORI and would like to respond to it. We have long awaited this proposal and had high hopes of its content. This governor has been very open to listening to CORI reform advocates and that is very much appreciated. He shows a genuine interest in fixing some of the problems that have been presented to him.

The governor’s proposal does address some important issues such as lowering the waiting period to seal records from 10 to 5 for misdemeanors and 15 to 10 for felonies.

Governor Patrick’s proposal falls very short on one main issue, non-conviction and dismissed records. While he did allow for shielding and sealing records of convicted criminals after 5 or 10 years much to our surprise he failed to take any action to shield or seal non-conviction and dismissed records immediately or within a more reasonable timeframe. This is an enormous failure of his proposal that cannot be overlooked. It makes one wonder why would the Governor offer to assist convicted criminals while punishing those who were found not guilty in a court of law.

Unfortunately, because of this we cannot support the governor's proposal as it is written.

In addition we also do not support a blanket lifetime ban on any and all sex related charges(conviction and non-convictions) which can never be sealed. We also oppose the expansion of disseminating all CORI records which includes juvenile and adult sealed records to all law enforcement agencies.

There are several other portions of the bill which we oppose but these were the primary objections.

We suggest that everyone contact not only Governor Patrick but their representatives, Senate President Therese Murray and Speaker of the House Salvatore F. DiMasi and inform them not to support Governor Patrick’s CORI reform bill unless language to automatically seal all non-conviction and dismissed records is amended to the bill.

Governor Patrick's Press Release on CORI Reform

Governor Patrick's Executive Order

Governor Patrick's Proposed Bill

BWA on Gov Patricks CORI Reform Bill

2008-01-12T19:00:00.000-05:00

www.BostonWorkersAlliance.org
Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
FOR IMMEDIATE RELEASE Contact: Aaron Tanaka
January 12, 2008 (617) 359-0336
atanaka@bostonworkersalliance.org

GOVERNOR PATRICK MOVES TO REFORM CRIMINAL RECORDS SYSTEM:

Advocates and Community Residents Applaud Action, But Fear Proposal Is Lacking Boston, MA – On Friday afternoon, Governor Deval Patrick released his much-anticipated proposal to reignin the state’s Criminal Offender Record Information (CORI) system. After campaigning to increase employment opportunities for those with CORI, community and advocacy organizations wrangled with Patrick’s office to follow through on his promises during the first year of his administration. In April of 2007, the Boston Workers Alliance led an unprecedented march of over 1,000 CORI reform supporters and 50 civic organizations to the State House, claiming that a second chance in employment for ex-offenders will increase public safety and reduce criminal activity.

In the second week of the New Year, Patrick released his CORI reform bill, which is milder than the popular CORI reform proposal, “The Public Safety Act” H.1416. Still, Patrick’s proposal includes key provisions to reduce the waiting period to seal a criminal record if an individual has maintained good behavior since the original charge. Current laws require an extreme 15-year waiting period to seal felonies, and a 10-year waiting period to seal misdemeanors. Patrick’s bill calls for reduction to 10 years and 5 years, respectively, while the Public Safety Act called for 7 years and 3 years based on statistical data around the low likelihood of recidivism after 3 years of good behavior. Sex offenses may never be sealed under the Governor’s sealing proposals, and law-enforcement agencies would retain full access to sealed records.

The Governor also signed an Executive Order that directs State agencies to only check criminal records if an applicant is determined to be qualified for a job, and also requires for entities that receive CORIs to undergo a training on properly reading and using the sensitive information.

The Order also directs the Executive Office of Health and Human Services to undo blanket “no-CORI” regulations that prevent ex-offenders from working in state funded health and human service agencies. The Executive Order also enhances education for victims and witnesses of crime regarding their rights to obtain CORI, and excludes sexual and domestic violence from crimes that can be overlooked by employers.

While advocates hail the Governor’s proposal as a victory and a step in the right direction, there are glaring omissions in the areas of limiting employers’ access to juvenile records, removing dismissed and not guilty cases from a CORI, and removing the “box” on job applications that are used to weed out candidates before even considering their skills or the nature of their offense. Overlooking these critical remedies leave some community leaders skeptical of the Governor’s proposal, and underscores the need for the public to pressure lawmakers to support the Governor’s Bill while demanding the incorporation of these additional reforms.

###

http://www.bostonworkersalliance.org/

Boston Workers Alliance

5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
SUMMARY OF GOVERNOR PATRICK’S PROPOSED CORI REFORM BILL
AN ACT TO REDUCE RECIDIVISM BY INCREASING EMPLOYMENT OPPORTUNITIES

1. Expand the composition of the Criminal History Systems Board (CHSB) to include crime
victims, employers, workforce developers, and ex-offender rehabilitation providers.

2. The CHSB shall have the authority to hear complaints alleging that criminal records have
been unlawfully disseminated or obtained, and to impose civil fines not to exceed five
thousand dollars for each knowing violation.

3. The secretary of public safety will appoint an executive director who is responsible for
data processing and management of CORI information.

4. Private employers that not required by law to check criminal records, shall not receive
records from the CHSB that are eligible for to be sealed.

5. Any person who knowingly requests, obtains, uses, sells, communicates CORI reports
under false pretenses, or willfully falsifies any criminal records, shall be fined up to five
thousand dollars, or imprisoned in a jail for not more than one year, or both.

6. Reduce the waiting period to seal a felony conviction from 15 years to 10 years,
dependent on good behavior during those 10 years.

7. Reduce the waiting period to seal a misdemeanor from 10 years to 5 years, dependent on
good behavior during those 5 years.

8. Sex offenses shall never be eligible for sealing.

9. Criminal justice agencies retain immediate access to any sealed adult or juvenile CORI
http://www.bostonworkersalliance.org/

Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)
SUMMARY OF GOVERNOR PATRICK’S EXECUTIVE ORDER ON CORI
REGARDING THE USE AND DISSEMINATION OF CRIMINAL RECORD INFORMATION BY THE
EXECUTIVE DEPARTMENT

Section 1:
The Executive Department will only conduct and consider a criminal background check
where an potential employee has been determined to be qualified for the position, and the
content of a criminal record is relevant to the job at hand.
Aside from sexual or domestic violence against adults or children, charges that did not result
in a conviction finding should not be considered.

All Executive Departments are required to amend its employment practices to reflect these
policies no later than March 31, 2008. These policies impact the employment of
Massachusetts’ public employees.

Section 2:
Executive Office of Health and Human Services will revise its CORI regulations to allow
individuals with criminal backgrounds a fair opportunity to be employed in its agencies as
well as in any vendor programs that receive State Health and Human Service funding.
EOHHS regulations should:

(a) provide applicants with information on their rights to dispute the relevance and accuracy
of any CORI;

(b) document and consider evidence of rehabilitation in making employment decisions;

(c)specify strong penalties for vendors that to not adhere to the new regulations;

(d) streamline and simplify current CORI requirements.

Section 3:

Criminal History Systems Board (CHSB) will require employers to undergo training and pass
a written examination on properly reading a criminal record as a requirement for obtaining or
renewing certification to access CORI.

Section 4:
The CHSB CORI Unit will develop an electronic learning system to enhance the training of
entities that receive CORI reports.

Section 5:
The CHSB will increase auditing to ensure that CORI and juvenile data is accessed,
reviewed, and stored in accordance with all applicable laws. The CORI Unit will also ensure
that all employers that check CORIs comply with regulations that require employers to
provide individuals with a copy of their CORI report and an opportunity to discuss the
relevancy and accuracy of the report.
http://www.bostonworkersalliance.org/

Boston Workers Alliance
5 1 Roxbury St, Roxbury MA 02119 (617) 427-8108, (617) 442-9404 (fax)

Section 6:
Executive Office of Public Safety and Security (EOPSS), Executive Office of Labor and
Workforce Development (EOLWD), and the CHSB will:
(a) educate the public on existing options to seal and correct criminal records;
(b) educate employers on permissible questions about criminal history in employment
applications;
(c) educate crime victims and witnesses about their rights of access to CORI.

Section 7:
The EOPSS will conduct a pilot program to evaluate the feasibility and cost of adding
fingerprinting to CORI reports.

Section 8:
The EOPPS and the CHSB will study the cost of updating the procedures for (a) sealing and
correcting records, and (b) improving the readability of CORI reports

Section 9:
The EOLWD will convene a Task Force to provide recommendations to the Governor on
best practices for pre- and post- release training programs that facilitate employment and
education.

Section 10:
The EOLWD will create a grant program for workforce developers to fund the best practices
recommended in Section 9.

Section 11:
The CHSB and the Department of Housing and Community Development (DHCD) will
review the use of CORI in housing decisions. New recommendations should aim to:
(a) increase the consistency in how CORIs are used in housing decisions;
(b) ensure that denials for housing based on CORI only occurs in instances involving a risk
to public safety or to individual victims or witnesses;
(c) address the needs of individuals and families who are denied housing based on CORI;
(d) educate housing managers on appropriate use of CORI;
(e) streamline the CORI review process so that housing placement delays are minimized.
Section 12:
Nothing in this Executive Order shall be construed to require action inconsistent with any
applicable state or federal law.

http://bostonworkersalliance.org/index.php/?p=261

EXECUTIVE ORDER - Regarding CORI

2008-01-11T17:19:00.000-05:00

THE COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE DEPARTMENT
STATE HOUSE BOSTON 02133
(617) 725-4000
DEVAL L. PATRICK
GOVERNOR
TIMOTHY P. MURRAY
LIEUTENANT GOVERNOR
By His Excellency
DEVAL L. PATRICK
GOVERNOR
EXECUTIVE ORDER NO.
Regarding the Use and Dissemination of Criminal
Offender Record Information by the Executive Department
WHEREAS, the Commonwealth has compelling interests in
ensuring public safety, providing services to vulnerable populations,
providing employers with a motivated and qualified workforce, and
errlpowering individuals to obtain gainful employment and housing;
WHEREAS, maintaining accurate and up-to-date criminal
offender record information ("CORI") and sex offender record
information is cr~~citao lt he operation and integrity of the criminal
justice system, and to protecting the safety and security of crime
victims and vulnerable populations;
WHEREAS, gainful employment for rehabilitated offenders
reduces recidivism and increases the likelihood of successful reintegration
into society, and maintaining accurate CORI is necessary
to ensure that individuals are not unfairly denied access to
errlployment and housing opportunities;
WHEREAS, the existence of a criminal record should not be an
automatic and permanent disqualification for employment, and as the
iargest singie employer in the Comrnonweaith, state government
should lead by exarr~plein being thoughtful about its use of CORI in
employment decisions;
WHEREAS, enabling public and private err~ployersa nd housing.
providers to interpret CORl accurately and to understand their
statutory and regulatory obligations with respect to CORl will improve
the fairness of the employment and housing processes;
WHEREAS, the ongoing modernization by the
Commonwealth's trial courts of their information systems will create
the opportunity, going forward, to produce understandable CORl
reports that are easier to read, and will also provide opportunities for
more nuanced and sophisticated sorting of the data included in CORI;
WHEREAS, the Criminal History Systenis Board ("CHSB")
estimates that more than 750,000 criminal records are eligible for
immediate sealing under the current laws of the Commonwealth;
WHEREAS, educating individuals about their legal rights
regarding their court records will improve their prospects for
employment and housing;
WHEREAS, the Executive Office of Health and Human
Services ("EOHHS") and most agencies under the Secretariat have
separate regulations for reviewing criminal records of candidates for
employment, thereby resulting in some confusion;
WHEREAS, the current EOHHS and agency regulations for
reviewing criminal records s~~ppothret Commonwealth's unwavering
commitment to protect the vulnerable populations it serves;
WHEREAS, the regulations of EOHHS and its agencies.may
impose unnecessary obstacles to employment opportunities for
qualified, rehabilitated individuals with criminal backgrounds and can
be strengthened to ensure that the rights of such individuals are
protected without compromising the safety and well-being of clients;
WHEREAS, the Executive Office of Public Safety and Security
("EOPSS"), the EOUW, the Executke Qffice of Labs ai;d LA,,!er(ibree
Development ("EOLWD"), the Department of Housing and
Community Development and other executive agencies of the
Commonwealth should serve as leaders in considering the
importance and value of balancing public safety and victim rights with
the successful reintegration of rehabilitated individuals by reviewing
and modeling their policies to ensure corr~pliancew ith the law and to
remove any unnecessary barriers to employment and housing
opportunities.
NOW, THEREFORE, I, Deval L. Patrick, Governor of the
Commonwealth of Massachusetts, by virtue of the authority vested in
me by the Consti,t~~tioPna, rt 2. c. 2, § 1, Art. 1, do hereby order as
foIlows:
Section 1. It shall be the policy of the Executive Department
with respect to employment decisions that a criminal background
check will only occur, and its results will only be considered, in those
instances where a current or prospective employee shall have been
deemed otherwise qualified and the content of a criminal record is
relevant to the duties and qualifications of the position in question.
Such instances will include, without limitation, those in which a
criminal conviction creates a statutory disqualification for the posi.tion,
or the position requires interaction with vulnerable pop~llationsa nd a
criminal background check is necessary to ensure that the applicant
does not pose a public safety risk.
In implementing this policy, .the employer sho~~clodn sider the
nature and circumstances of any past criminal conviction; the date of
the offense; the sentence imposed and the length of any period of
incarceration; any reasonably available information concerning
compliance with conditions of parole or probation, including orders of
no contact with victims and witnesses; the individual's conduct and
experience in the time since .the offense, including, but not limited to,
educational or professional certifications obtained since the time of
the offense or other evidence of rehabilitation; and the relevance of
the conviction to .the duties and qualifications of the position in
question. Charges that did not result in a conviction will be
considered only in circumstances in which the nature of the charge
relates to sexual or domestic violence against- adults or children,
consistent ?~?/lEt.hxe cutive Order No. 491, Estzblishing a Policy of
Zero Tolerance for Sexual Assault and Domestic Violence, or
otherwise indicates that the matter has relevance to the duties and
responsibilities of the position in question.
Each agency in the Executive Department shall examine and, if
necessary, amend its employment practices and policies to reflect the
policy set forth in this Section and in Executive Order No. 491. The
Secretary of each Executive Office shall be responsible for ensuring
that each agency within her Secretariat conducts this review. All
Secretaries shall report to the Commonwealth's Chief Human
Resources Officer the results of their review and the steps taken to
comply with this policy no later than March 31, 2008. Thereafter, the
Chief Human Resources Officer shall take whatever actions are
necessary and appropriate to ensure that this policy is implemented
fully.
Section 2. The EOHHS, in consultation with agencies under
the Secretariat and the Massachusetts Office for Victim Assistance,
shall promulgate a consolidated set of regulations that provide clear
guidelines to be followed by EOHHS and its agencies, as well as their
vendor programs, when reviewing the criminal records of current or
prospective employees.
Without compromising the Secretariat's commitment to ensure
the safety and security of .the vulnerable populations it serves, the
EOHHS regulations shall ensure rehabilitated individuals with criminal
backgrounds be given a fair opporturlity to be err~ployeda nd
reintegrate successfully into the workforce.
The EOHHS regulations shall ensure that the rights of current
and prospective errrployees are protected by (a) providing individuals
with information regarding EOHHS hiring policies and procedures
regarding CORl and individuals' rights to dispute the accuracy and
relevancy of any CORI; (b) creating a systematic means for
employers to document all factors taken into consideration, including
evidence of rehabilitation, in making employn~endt ecisions; (c)
specifying strong penalties for vendors that fail to comply with any
requirement; and (d) streamlining and simplifying, wherever possible,
current CORl procedures and requirements.
Section 3. The executive staff of the CHSB shall draft and
submit to the board for approval regulations requiring that any entity
certified to obtain access to CORl under the provisions of G.L. .c. 6,
§§ 172(b) and (c) shall participate in prescribed training and pass a
written examination as a condition of such entity's obtaining
certification, or renewal of its certification, in accordance with G.L. c.
6, § 172 and 803 CMR 3.00.
Section 4. The CHSB CORI Audit, Training, and Corr~pliance
Unit (the "Unit") shall, consistent with CHSB's appropriations and
staffing, develop and maintain an electronic learning system to
enhance the training of entities certified under the provisions of G.L.
c. 6, 9s 172(b) and (c) to obtain access to CORI. The electronic
learning system shall include, but not be limited to, the following
subjects: the reading and interpretation of disposition codes and
CORI reports; the statutory and regulatory rights of current and
prospective employees; the responsibilities of employers with respect
to access, review, storage, and dissemination of CORI; and
consideration of the relevance of a criminal record to the duties and
qualifications of various positions.
Section 5. The Unit shall, consistent with CHSB's
appropriations and staffing, increase its auditing of CORI-certified
entities to ensure that CORI and juvenile data is accessed, reviewed,
and stored appropriately and in accordance with all applicable
statutes and regulations. The Unit shall ensure that all CORI-certified
entities maintain written policies regarding their use of CORI and
comply with existing regulations that require providing individuals with
a copy of their CORI report and an opportunity to discuss the
relevancy and accuracy of the report.
Section 6. The EOPSS, the CHSB, and the EOLWD together
shall launch a coordinated, comprehensive, and targeted public
education campaign to (a) raise awareness among the public
regarding time frames and mechanisms for the sealing and correcting
of criminal records; (b) educate err~ployersa bout the permissibility of
questions in employment applications and interviews as well as rr-~les
concerning the storage, dissemination, retention, and use of CORI;
and (c) educate crime victims and witnesses about .their rights of
access to GO!?!. -The edncatinna! mate ria!^ de\te!oped sha!! be made
available to the public in a variety of media and formats, including, but
not limited to, posters and brochures provided at various agencies
within the Executive Department that have regular contact with the
public and/or employers.
Section 7. The EOPSS, the CHSB, and the Department of
State Police shall request the cooperation of the Administra1:ive Office
of the Trial Court ("AOTC") and the Office of the Commissioner of
Probation ("OCPJ1i)n conducting a pilot program or programs in
selected district courts to evaluate the feasibility and cost of biometric
identification of all defendants arraigned in criminal cases in the
courts of the Commonwealth in order to create a biometric index for
criminal records. The EOPSS shall report to the Governor on the
results and recommendations of such pilot programs no later than
December 31,2008.
Section 8. In addition, the EOPSS and .the CHSB shall seek
the assistance of the AOTC and OCP in exploring the feasibility and
cost of (a) improving the existing administrative system for correcting
and sealing existing criminal records and (b) improving the.
presentation, readability, and ability to sort and classify CORl records
created using technology prior to AOTC's implementation of the
"MassCourts" information system.
The EOPSS, the CHSB, and the Department of State Police, in
conjunction with the EOHHS, shall also conduct a study of the
feasibility, desirability, and cost of providing access to the 50-state
conviction data contained in the Interstate 1dentifical:ion Index ("Ill") to
entities certified to receive CORl under G.L. c. 6, § 172(b).
The EOPSS shall report to the Governor on the results and
recommendations of the studies and initiatives set forth in this
Section 8 no later than March 31, 2008.
Section 9. The EOLWD shall establish and coordinate an
interagency task force consisting of representatives from the following
agencies: the EOHHS, the-Department of Correction, the Department
of Workforce Development, the Massachusetts Parole Board, the
Board of Higher Education, the Division of Apprentice Training, .the
Association of Massachusetts Comrr~unityC olleges, the Di\!Isior! of
Professional Licensure, and the Massachusetts Sheriffs Association.
The Task Force shall review existing pre-release and post-release
training programs for ex-offenders in the Commonwealth and shall
make recommendations on replicating successful pre- and postrelease
training programs that facilitate employment and educational
training.
The Task Force shall report to the Governor on the res~~latnsd
recornmenda.l:ions of its studies and initiatives as set forth in this
section no later than March 31, 2008.
Section 10. The EOLWD shall, subject to appropriation,
establish a competitive grant program for local workforce investment
boards and one-stop career centers to allow for implementation of
comprehensive basic education training and job placement services
for ex-offenders. A grant program established for this purpose shall
incorporate the recommendations outlined by the Task Force
established under Section 9.
The EOLWD shall .further implement additional performance
standards for the one-stop career system that will promoteand
measure performance on job placement services for ex-offenders.
Section 11. The CHSB, the Department of Housing and
Community Development ("DHCD"), and the Department of
Transitional Assistance ("DTA") shall review existing federal and state
laws, regulations, and program requirements governing the collection
and use of CORI in connection with the consideration of granting or
denying housing opportunities to othewise eligible households.
Without corr~promisingth e Commonwealth's ongoing commitment to
public safety and security, the CHSB, DHCD and DTA shall make
recommendations concerr~ingre gulatory amendments and other
measures that could be implemented to: (a) increase the consistency
and uniformity of the treatment of CORI in making such housing
decisions; (b) ensure that discretionary CORI-based denials of
housing occur only in instances involving a risk to public safety or to
individual victims or witnesses; (c) address the needs of individuals or
families who are denied housing based on CORI; (d) develop and
launch a campaign to better educate owners and managers of multifamily
housing concerning CORI; and (e) strearrrline .the CORI review
process so that housing placement delays are mitigated and reduced.
Section 12. Nothing in this Executive Order shall be construed
to require action inconsistent with any applicable state or federal law.
Section 13. This Execu,l:ive Order shall remain in effect until
amended, superseded, or revoked by subsequent Executive Order.
GBoivsetonn a tth tihse /E/ xC,dea yu tiveo fC Jhaanmuabreyr iinn the
year of our Lord two thousand and eight,
and of the Independence of the United
States of America two hundred and
GOVERNOR
Commonwealth of Massachusetts
WILLIAM FRANCIS GALVIN
Secretary of the Commonwealth
GOD SAVE THE COMMONWEALTH OF MASSACHUSETTS

http://www.cjpc.org/ExecutiveOrder.pdf

PATRICK ADMINISTRATION ANNOUNCES CORI REFORMS

2008-01-11T17:16:00.000-05:00

The Commonwealth of Massachusetts
Executive department
state house boston, ma 02133
(617) 725-4000

deval l. patrickGOVERNOR

timothy p. murray LIEUTENANT GOVERNOR

FOR IMMEDIATE RELEASE CONTACT Kyle Sullivan
Cyndi Roy
January 11, 2008 Becky Deusser
617-725-4025

PATRICK ADMINISTRATION ANNOUNCES CORI REFORMS
Initiative Aimed at Strengthening Public Safety and Creating Economic Opportunity

BOSTON — Friday, January 11, 2008 — Continuing his efforts to strengthen public safety and create economic opportunity, Governor Deval Patrick today unveiled a criminal justice initiative that would enhance employment opportunities for rehabilitated individuals with criminal records, helping to reduce recidivism rates and increasing the likelihood of successful reintegration into society.

Stressing the need to reduce recidivism by expanding employment opportunities, Governor Patrick filed legislation to reform existing Criminal Offender Record Information (CORI) policy to emphasize the importance and value to all residents of successful reintegration of ex-offenders. He also issued an Executive Order to ensure that the information in criminal records is accurate and understandable so that the best information is available to assist in the decision-making process.

“CORI was never intended to turn every offense into a life sentence,” said Governor Patrick. “All but a handful of people incarcerated are eventually released, and they need to get back to work. These reforms require decision-makers to make an individual determination about whether an applicant is rehabilitated, rather than excluding ex-offenders categorically. If we want to reduce crime and help people re-integrate successfully, this is a smarter approach.”

Each year, approximately 20,000 inmates return home from incarceration, while 97 percent of all inmates are eventually released from custody. Without proper guidance and support — including access to employment and housing opportunities — 49 percent of offenders recidivate after one year.

Incarcerating an offender costs approximately $43,000 per year. Estimates based on effective re-entry programs operating in Massachusetts suggest that the cost for the last year of incarceration and the first year of release can be cut by two-thirds with better program services. Coupled with mandatory post-release supervision, which the Governor proposed through legislation last April, CORI reform can save taxpayers millions of dollars a year, not only by reducing prison costs but by also reducing the cost of criminal behavior in the Commonwealth’s communities, thereby enhancing public safety.

Provisions of the Executive Order and legislation include:

Fairer state employment practices -- The existence of a criminal record too often disqualifies rehabilitated individuals from employment even if they are qualified and competent to do the job. To improve fairness during the hiring process, the Executive Order establishes a policy that a criminal background check can only occur once an applicant has been deemed otherwise qualified for a position and the contents of a criminal record are relevant to the duties and qualifications of the job.

“People will be examined as people,” said Public Safety and Security Secretary Kevin M. Burke. “These reforms are critical to improving our re-entry efforts and reducing recidivism.”

Enhancing law enforcement access to sealed records -- In addition to expanding employment opportunities, the legislation also strengthens public safety by providing criminal justice agencies with access to all sealed records. Presently, once a criminal record is sealed, law enforcement entities are routinely denied access by the courts. In addition, Governor Patrick has ordered a study to determine the feasibility of providing a 50-state criminal record check for employees of agencies serving vulnerable populations. This would allow agencies to comprehensively determine whether or not a prospective or present employee poses a public safety threat.

Ensuring accuracy of CORI information -- To provide greater guidance and clarity to employers, the Governor’s order also requires the Criminal History Systems Board (CHSB), which grants CORI access, to develop an electronic learning system for CORI users, draft regulations to require training and examination as a condition of CORI-certification and enhance auditing of CORI users.

Increasing public education of CORI rights and uses -- To further improve the system, the Executive Office of Public Safety and Security, the CHSB and the Executive Office of Labor and Workforce Development are directed to develop an educational campaign to notify the public of their legal rights with respect to criminal records and to inform employers of permissible uses of CORI. The CHSB, the Department of Housing and Community Development (DHCD), and the Department of Transitional Assistance (DTA) will review federal and state laws governing the collection and use of CORI in connection with housing decisions and recommend regulatory changes to mitigate housing placement delays.

Focusing on human services and post-release training -- The Executive Office of Health and Human Services (EOHHS) is directed to revise its hiring guidelines for human services providers and vendors while the Executive Office of Labor and Workforce Development (EOLWD) is charged with making recommendations concerning successful pre-release and post-release training programs.

“EOHHS is committed to making sure that we balance the need to give work opportunities to ex-offenders while protecting the individuals and communities served by our agencies," said Secretary JudyAnn Bigby.

“One thing we heard time and time again during the many public meetings on this issue is that employers and job seekers alike will benefit from these reforms: employers have jobs available that they cannot fill and yet many ex-offenders cannot access these employment opportunities because of the significant barriers the current system creates,” said Secretary of Labor and Workforce Development Suzanne M. Bump. “These reforms will reduce those barriers and will support policies which promote education, re-entry, and job training in a tight labor market. Our economy needs the skills and talent of all our citizens.”

Changing timeframes for sealing of records -- Acknowledging studies of recidivism that strongly suggest that rates consistently fall the longer an ex-offender has stayed clear of criminal activity after completing a sentence, the bill changes the timeframes and mechanisms for sealing and distributing criminal records and makes them consistent with the timeframes that exist in courtroom trials and consistent with studies concerning recidivism. Mandatory waits for rehabilitated individuals to seal criminal records would change from 15 to 10 years for felonies and 10 to 5 years for misdemeanors, but only if the individual has stayed clear of criminal activity during that period. Misdemeanor violations of restraining orders would remain in the 10 year category to account for the seriousness of these crimes and their relevance to employers that may serve vulnerable populations. Additionally, sex offenders would never be eligible to seal records.

Penalties for abuse of CORI information - The Governor’s legislation also makes it a crime, punishable by a $5,000 fine and/or up to one year in prison, to make any knowing and unauthorized request, collection, use, dissemination, altering or sale of CORI.

Juvenile Records -- Lastly, the administration will continue to enforce the present law concerning the dissemination of juvenile records. “We are especially concerned that young people have every opportunity to get on the right path and stay there. Massachusetts law prohibits the release of juvenile records to all but law enforcement and a select few agencies. We are going to see that that law is enforced,” said Governor Patrick.

Those agencies with access to juvenile records include the Department of Youth Services and the Department of Social Services. In addition, operators of youth camps are granted access to juvenile records to conduct background checks of all employees or volunteers prior to employment.

Many of the initiatives in the Executive Order and the legislation mirror recommendations within two Boston Foundation / Crime and Justice Institute studies. “CORI: Balancing Individual Rights and Public Access” was a study conducted in 2005. In 2007, a task force co-chaired by Elizabeth Pattullo and Robert Gittens presented “CORI: Opening Doors of Opportunity”.

“I applaud the Governor for balancing the imperatives of public safety and justice with the needs of our economy in his executive order and bill,” said Paul S. Grogan, president and CEO of the Boston Foundation. “The Governor is updating CORI policy in measured and practical ways that advance reform. In today’s economy, we need all hands on deck, and must create a climate in which people with criminal records who are qualified and rehabilitated can rejoin the workforce.”

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http://www.cjpc.org/pressrelease.doc

Patrick moves to reform criminal records law

2008-01-11T17:14:00.000-05:00

Associated Press - January 11, 2008 4:24 PM ET

BOSTON (AP) - Governor Deval Patrick is taking steps to reform the state Criminal Offender Record Information system.

Critics say the "CORI" system prevents people from getting a second chance after they've served prison or probation terms, and even after being cleared of criminal charges.
Employers can search CORI records to weed out job applicants.
Patrick has filed legislation that would shorten the number of years people must wait before sealing their records.

Currently, the wait after felony convictions is 15 years. Patrick wants to shorten it to 10 years. And the wait on misdemeanor convictions would fall from 10 to five years to seal records.
Patrick also issued an executive order saying a criminal background check can only be ordered after an applicant has been deemed qualified.

http://www.eyewitnessnewstv.com/Global/story.asp?S=7612338&nav=F2DO

Breaking bars to jobs

2008-01-11T06:42:00.000-05:00

By Adrian Walker
Globe Columnist / January 11, 2008

Governor Deval Patrick is about to address one of his major campaign promises, and there will be no shortage of strong reaction.

Today, Patrick will unveil his plan to overhaul the state's Criminal Offender Record Information law, better known as CORI. The administration has mapped out its approach largely behind closed doors.

Patrick's proposal was outlined by Public Safety Secretary Kevin Burke in an interview yesterday. An executive order will instruct state agencies to consider criminal history only as the last step in the hiring process, as opposed to blanket policies barring hiring offenders. In addition, applicants would be automatically rejected only if their criminal history had direct bearing on the job involved.

"If someone was being hired as a bookkeeper and had a conviction for larceny, that would be relevant," Burke explained. "If someone was being hired for an [information technology] job and had a conviction for assault and battery, you would make a judgment."
Other parts of the plan will require legislative approval. The legislation, also being filed today, would shorten the time records are sealed. Currently, records are sealed for 15 years for a misdemeanor and 20 years for a felony; in Patrick's proposal, those figures would become 5 years and 10 years, respectively.

CORI was a contentious issue during Patrick's campaign for governor. Advocates of changing the law, who were among his earliest supporters, have argued for years that criminal histories unfairly restrict opportunities to secure jobs and housing. They say so many organizations and companies have access to the records that the intended protections have lost their meaning. Defenders of the current law say employers deserve to know whom they are hiring.
Advocates of change seemed unsure how to react. "We're trying to decipher it to see if it really does what we want it to do, to determine if this is something that is really going to help people," said Horace Small of the Union of Minority Neighborhoods.

Senator Dianne Wilkerson of Roxbury said she does not believe the proposal goes nearly far enough. She has argued that juvenile records should be inaccessible but aren't. She also maintained that the proposal does not go to the heart of the issue, which is that people with criminal records have trouble finding work and rebuilding their lives.

"I think those people who have difficulty finding work because of CORI are not going to have much relief after the release of the governor's plan, and that to me is the most unfortunate part of it," she said. "The only real test is whether last year's no becomes this year's yes."

Catherine Hennessey is one of the people who has known firsthand the difficulties of navigating the job market after prison. She served a six-month sentence in 1989 for drug possession and conspiracy. She began working nine years ago for the Cambridge Health Alliance, as a temporary worker in the physical therapy department. But she wasn't hired permanently until four months ago, because the agency, like many health care agencies, had a policy of not hiring ex-convicts.

"It's just not fair to have a lifetime ban in an industry that has so many opportunities," she said yesterday. "When people are trying to rehabilitate themselves, they have no options."
In truth, the proposed measures are a bit timid, especially given Patrick's often-stated commitment to the cause. But it is certainly a step in the right direction.

Not everyone will think so. But it makes no sense to shut convicts out of the job market. The founding idea behind CORI was to allow convicts to lead productive lives after prison. But over several decades it has come to have the opposite effect, partly because the law is so porous.
How the proposed legislation will fare in election year, in a Legislature with plenty on its plate already, is anyone's guess. Its fate will stand as a test of whether Patrick's ability to govern can catch up to the soaring rhetoric that made him governor in the first place.

Adrian Walker is a Globe columnist. He can be reached at walker@globe.com.

http://www.boston.com/news/local/massachusetts/articles/2008/01/11/breaking_bars_to_jobs/

Gov's commission on CORI reform seeks to file bill by year's end

2007-12-22T23:29:00.000-05:00

GOV'S COMMISSION ON CORI REFORM SEEKS TO FILE BILL BY YEAR'S END

A commission established by Gov. Deval Patrick to reform Criminal Offender Registry Information laws, which enable employers to review criminal backgrounds of prospective workers, will be filed by year's end, a senior Patrick administration official said today.

Undersecretary for Criminal Justice Mary Beth Heffernan said the commission, which includes the co-chairs of the Legislature's Judiciary, Public Safety, and Labor and Workforce Development Committees, has been meeting since September, when leading administration officials announced its establishment during a public hearing. Heffernan said the commission would hold a public hearing, probably in Gardner Auditorium, during the first week in November. She said commission members were looking at "all of the elements" raised in a Boston Foundation report released earlier this year and the Public Safety Act, filed by various legislators earlier this year.

The Boston Foundation report recommends that the Criminal History Systems Board, which administers CORI reports, be broadened to be more sensitive to reentry concerns and to more quickly and accurately update individual reports.

It also encourages the Executive Office of Health and Human Services to require employers to more closely review employees' criminal records rather than simply ruling them out because of a prior criminal history. "It's a very complex issue that requires a lot of money, some administrative fixes and some legislation," Heffernan said. She added that the governor had met with the Senate president and House speaker on the issue. Judiciary Committee co-chair Rep. Eugene O'Flaherty (D-Chelsea), who is on the CORI commission, called the end-of-year timetable "ambitious," but added that meetings were "going well." He declined to elaborate, saying meetings were held "in a private setting" to encourage "free-wheeling discussion."

Statehouse News

GOVERNOR PATRICK ON CORI

2007-12-19T21:52:00.000-05:00

Posted Tuesday, December 18, 2007
Source

The Governor has promised CORI Reform by Christmas. It’s time to hold him to his word.
Call the Governor’s Office (617) 725-4005 or email his office through his contact page below:

http://www.mass.gov/?pageID=gov3utilities&sid=Agov3&U=Agov3_contact_us

Ask the Governor to sign an Executive Order on CORI that would:
(1) remove the list of crimes that prevent people from working in Health and Human Services;(2) stop sending out CORI felonies that are older than 7 years, and misdemeanors that are older than 3 years;(3) give “anti-discrimination” protections to job seekers with CORI.
Ask the Governor to sign the Executive Order before Christmas, and to support the Public Safety Act in 2008. Remind the Governor that he campaigned on CORI reform, and that we will not be betrayed.
Governor Patrick:Santa or Scrooge?Naughty or Nice?Together We Can?
CORI Reform Now! http://www.bostonworkersalliance.org/

—————

The Commonwealth of Massachusetts
Executive Department
State House Boston 02133
(617) 727-3600
By His Excellency
Deval Patrick
Governor
Executive Order No. _____
Establishing Policies For the Reintegration
of Persons with Criminal Histories

WHEREAS, the Commonwealth maintains over 2.8 million criminal records, which are difficult to read, and many of which contain inaccuracies, but are, nonetheless, routinely disseminated to non-criminal justice agencies;

WHEREAS, the number of non-criminal justice agencies requesting criminal record information has grown exponentially over the last decade such that in 2006 alone, 1.4 million requests were processed, and the extent of the information received by these agencies also has expanded substantially;

WHEREAS, thousands of people processed through the criminal justice system, including those found not guilty or whose charges were not prosecuted, are unable, due to the dissemination of their records, to secure employment, job training or otherwise lead productive, taxpaying and law-abiding lives;

WHEREAS, the Commonwealth has a compelling interest in reducing its recidivism rate of 43 percent and its unemployment rate of 4.4 percent;

WHEREAS, the criminal justice system heavily impacts minority communities resulting in higher joblessness and unemployment rates that in turn exacerbate poverty (ranging from 6 to 52 percent in Boston) and reinforce cycles of criminal system involvement;

WHEREAS, the Governor’s Taskforce on CORI Reform determined that there is widespread agreement among various stakeholders, including employers, Bar Associations and social service providers, to diminish barriers impeding successful reintegration of persons with criminal histories into mainstream living;

NOW THEREFORE, I, Deval Patrick, Governor of the Commonwealth of Massachusetts, by virtue of the authority vested in me as Supreme Executive Magistrate, and Lieutenant Governor Timothy P. Murray, do hereby order as follows:

Section 1. Declaration of Policy. It is the policy of the Commonwealth of Massachusetts to promote the full participation of law-abiding residents, who have criminal offender record information (CORI), in the labor market and in other spheres of mainstream living.
Section 2. Directives to the Executive Office of Labor and Workforce Development.

The Executive Office of Labor and Workforce Development, (EOLWD) shall establish a policy that requires employers in the public sector, as well as those in the private sector contracting with the state, to review their employment policies and practices to ensure that they are not unduly restrictive or unreasonably exclude qualified persons with criminal histories.
The EOLWD shall make certain that the employer policies and practices are consistent with the Massachusetts Commission Against Discrimination regulations proposed herein and with the Criminal History Systems Board’s regulation, 803 CMR 6.11.

The EOLWD shall work with employers in the private sector to ensure that their policies and practices are not unduly restrictive or unreasonably exclude qualified persons with criminal histories, and that the policies and practices are consistent with the Massachusetts Commission Against Discrimination regulations proposed herein and with the Criminal History Systems Board’s regulation, 803 CMR 6.11.

The EOLWD shall propose tax and other incentives, and seek appropriations as necessary, to encourage employers in the private sector to hire and retain qualified persons with criminal histories.

The EOLWLD shall afford funding to Workforce Development Centers and other such employment training programs to enable them to provide comprehensive targeted job assistance resulting in stable, living wage employment for persons with criminal histories.
Section 3. Directives to the Massachusetts Commission Against Discrimination.

The Massachusetts Commission Against Discrimination, (MCAD) shall adopt regulations that prohibit an employer from rejecting or discharging a qualified person with a criminal record because of the mere existence of the record.

The MCAD shall adopt regulations that prohibit the use of an erroneously issued CORI in making a hiring, promotion or firing decision.

The MCAD shall adopt regulations that require an employer making an adverse decision based on a CORI to insure that one or more convictions on the report substantially relate to a position to be filled and that the decision is objectively reasonable under all the circumstances. The MCAD regulations also shall adopt the standards set forth at the Criminal History Systems Board regulation, 803 CMR 6.11, and require that employers follow the standards.
The MCAD shall adopt regulations that afford any aggrieved person with a CORI the right to avail him or herself of the agency’s complaint mechanism.

The MCAD, under its plenary powers to combat discrimination, shall ensure, through periodic investigation and monitoring, that criminal histories are not been used as proxy for unlawful race or national origin discrimination.

Section 4. Directives to the Executive Office of Health and Human Services.
The Executive Office of Health and Human Services, (EOHHS) shall modify its CORI Regulations at 101 CMR 15.10 to eliminate the “Lifetime Presumptive Disqualification” provision.

The EOHHS shall rescind its CORI Regulations at 101 CMR 15.16, and, in its place, adopt regulations that require a hiring authority inclined to make an adverse decision based on a CORI to insure that one or more convictions on the report substantially relate to a position to be filled and that the decision is objectively reasonable under all the circumstances, including a review of the factors enumerated at 101 CMR 15.11.

The EOHHS shall adopt regulations that limit the consideration of CORI for any position that entails potential unsupervised contact with vulnerable clients in EOHHS funded or operated programs to: a) any felony conviction as to which the final disposition of the charge within the criminal justice system occurred seven or more years before the CORI report is sent out, and b) any misdemeanor for which said final disposition occurred three or more years before the CORI report is sent out.

The EOHHS shall adopt regulations that afford an aggrieved person an opportunity to have a CORI related adverse decision made by any hiring authority to be reviewed by EOHHS.
The EOHHS shall adopt regulations that make clear that all job training and housing search programs funded or operated by EOHHS must follow its CORI Regulations.
Section 5. Directives to the Criminal History Systems Board.

The Criminal History Systems Board, (CHSB) shall adopt regulations that set forth a step-by-step procedure for correcting inaccuracy on a record, particularly when an individual states that one or more charges attributed to him or her pertain to another individual. Such procedure should include a standard form to be completed and filed with the probation department of the court where the erroneous charge originated or with the Office of the Commissioner of Probation; filing of the same form with the CHSB, within seven days, in the event that the probation department fails to investigate and make appropriate correction; and the CHSB’s obligation, within seven days of receipt of the form, to ensure that the record is appropriately corrected or modified.

The CHSB shall adopt regulations that establish its mechanism for assuring that CORI disseminated to all non-criminal justice agencies are accurate and pertain to the individual for whom a request has been made. Such mechanism should include utilizing a fingerprint based system, and the CHSB shall take all necessary fiscal and technological steps to complete this transition in a timely manner.

The CHSB shall ensure that CORI reports are user-friendly for non-criminal justice agencies by adopting a standard plain English text format for data entered on a CORI.
The CHSB shall modify its regulations at 803 CMR 6.01 to notify an individual that upon arraignment for any crime punishable by incarceration in the Commonwealth, such a person has a CORI.

The CHSB shall modify its regulations at 803 CMR 5.01 and 5.03, to make clear that housing agencies’ access to CORI, pursuant to G.L. ch. 6, § 168, is limited to conviction and open cases.
The CHSB shall adopt regulations limiting the dissemination of CORI to conviction and open cases for all non-criminal justice agencies, except those statutorily granted access to “all available CORI.”

The CHSB shall limit CORI disseminated to all non-criminal justice agencies, organizations or persons to: a) any felony conviction as to which the final disposition of the charge within the criminal justice system occurred seven or more years before the CORI report is sent out, and b) any misdemeanor for which said final disposition occurred three or more years before the CORI report is sent out.

The CHSB shall modify its regulations at 803 CMR 6.11 to impose an appropriate fine, or revocation of access, on any entity failing to abide by the terms of the regulation.

The CHSB shall modify its regulations to make clear that the provisions of 803 CMR 3.05, 6.07 and 6.11, apply to all non-criminal justice agencies.

The CHSB shall be responsible for insuring the collection of accurate CORI demographic information, including race and ethnicity data.

Section 6. Directives to All Other Administrative Agencies.

All other administrative agencies are directed to review their employment policies and practices, and licensing laws, to ensure that they do not impose automatic bars or unduly exclude otherwise qualified persons with CORI; that they afford such persons with an opportunity, consistent with 803 CMR 6.11, to contest the relevance and accuracy of the record; and that they are in conformity with the MCAD regulations relative to persons with criminal histories.

Given at the Executive Chamber in Boston
this 1st day of January in the year of our
Lord two thousand and eight.
____________________________________
Deval Patrick
Governor
Commonwealth of Massachusetts

News: Criminal records law assailed

2007-12-08T23:38:00.000-05:00

Cape Cod Times
By Hilary Russ
STAFF WRITER
November 09, 2007

BOSTON — With deeply personal stories, two Cape mothers testified on Beacon Hill this week hoping to change state laws that cover access to criminal records.

Dr. Maryanne Bombaugh and Heidi Scott-Reynolds, both of Falmouth, told a smattering of state senators and representatives, and the state's secretary of public safety, Kevin Burke, about their sons. The two young men — Keith Bombaugh and Jarrod Scott-Reynolds, both 18 — were arrested and charged with aggravated rape in May after a female classmate at Falmouth High School said the pair had a sexual encounter with her in the woods against her will.

But after the young men were hauled into court — their pictures printed in the paper — several informants told police that the girl had bragged about the encounter and had consented to sex, according to police reports. The girl recanted, and charges against both boys were dropped, Cape and Islands District Attorney Michael O'Keefe confirmed.

Scott-Reynolds' son was not allowed to attend his last two weeks of high school or to graduate with his class. She's afraid that unless she can get the charges against him expunged — completely wiped out of the court system — the false accusations will haunt him.

"My son's life will be continually barricaded with suspicion and speculation," Scott-Reynolds said at the Statehouse. If an employer, for example, asked for a check of her son's Criminal Offender Record Information, or CORI, it would show that a charge of assault and battery (the rape charge was reduced to that offense) was dismissed. Yet even the mere mention of the arrest could be enough for a potential employer to chose a different candidate.

When the case began, Bombaugh's son had been drafted into the Quebec Major Junior Hockey League in 2006. But this season, he's playing for a different Canadian league. News of his arrest made its way into hockey publications.

"Can I tell you for sure (the case) is the reason he left one league and went to another? Did it affect his future in hockey? It could have," his mother, an ob/gyn in Plymouth, told the Times. Both mothers want to clear their sons' names.

The Beacon Hill hearings are part of ongoing efforts, and Gov. Deval Patrick's campaign promise, to reform the state's system for checking criminal backgrounds. Several proposals are before the Legislature now, and plenty of parties — employers, schools, citizens — have a stake in their outcome. Employers want details about job applicants' criminal pasts. But others have argued that CORI access is broad and limits low-level ex-offenders from finding jobs after release from jail.

And Bombaugh appealed to legislators, "Please allow cases where defendants are not guilty of criminal charges to be expunged."

Hilary Russ can be reached at hruss@capecodonline.com .

Fact Sheet: Discrimination on the Basis of Criminal Record

2007-12-08T23:27:00.000-05:00

Massachusetts General Laws Chapter 15l B, Section 4; 804 CMR 3.01

It is illegal for an employer to ask certain questions about a job applicant's or employee's criminal record. Employers may not ask about, maintain a record of, or base any employment decision on the following information if they have requested it:
Arrests or prosecution that did not lead to a conviction;
A first conviction for drunkenness, simple assault, speeding, minor traffic violations, affray, or disturbance of the peace;

Misdemeanors where the date of conviction or the end of any period of incarceration was more than five years ago, provided that there have been no subsequent convictions within those five years;

Any record of a court appearance which has been sealed under state law;
Anything pertaining to juvenile record, including delinquency and child in need of services complaints, unless the juvenile was tried as an adult in Superior Court.
An employer may not take action against an applicant or employee for answering an unlawful question untruthfully.

An employer may ask:
Have you ever been convicted of a felony?
Within the last five years have you been convicted of, or released from incarceration for a misdemeanor which was not a first offense for drunkenness, simple assault, speeding, a minor traffic violation, an affray, or disturbing the peace?

IT IS ALSO ILLEGAL FOR AN EMPLOYER TO REQUEST FROM AN APPLICANT OR EMPLOYEE A COPY OF A PROBATION OR ARREST RECORD,* OR TO ASK AN APPLICANT OR EMPLOYEE TO SIGN A RELEASE PERMITTING ACCESS TO SUCH INFORMATION.

* An employer that applies for and is granted access to criminal record information by the Massachusetts Criminal History Systems Board under the Criminal Record Information Act (CORI) may obtain some information on applicants'/employees' criminal records. Access to information under CORI is limited to that which is necessary to perform the relevant criminal justice or statutory duties.

Source