BWA on Gov Patricks CORI Reform Bill

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

GOVERNOR PATRICK MOVES TO REFORM CRIMINAL RECORDS SYSTEM:

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

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

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

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

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

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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.

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