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
Wednesday, June 25, 2008
Wednesday, June 11, 2008
CORI Alert - Urgent Action Needed!
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!
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!
Saturday, June 7, 2008
CORI reform unlikely
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.
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.
Saturday, May 24, 2008
CORI Marchers Welcomed by State House Rally
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.
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
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 .
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 .
Saturday, April 12, 2008
Illegal Employer Practices
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
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
Friday, April 4, 2008
Man Can't Land Job After Criminal Record Mix-Up
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
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
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