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.
Sunday, August 3, 2008
Friday, August 1, 2008
CORI Bill Stalls in House Ways and Means, Advocates Vow Rematch
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.
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!
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.
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!
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
Boycott companies that discriminate because of CORI. Click the image below for more information.
Click here for more information about CORI REFORM
Wednesday, July 30, 2008
Businesses winning CORI fight
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?”
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?”
Saturday, July 26, 2008
Advocates Rally as CORI Reform Bill Moves to a House Vote
http://www.openmediaboston.org/node/257
by Jason Pramas (Openmediaboston.com Staff), Jul-25-08
BOSTON/Beacon Hill - Over 100 people from several area community organizations and unions gathered at the State House Steps on Wednesday to rally in support of House Bill 5004 "An Act to Improve Certain Criminal Justice Matters" (the CORI Reform Bill) which would reform the Criminal Offender Records Information system to make it easier for former criminals to get jobs in Massachusetts.
Currently, former criminals cannot get their CORI files sealed for 15 years for felonies and 10 for misdemeanors. In addition, standard job applications in the Commonwealth all have a check-off box asking applicants if they have ever committed a crime.
According to advocates, this makes it very difficult for people with criminal records to get jobs - or even get job training. This makes it far more likely, they say, that former criminals will return to crime just to make ends meet. They also point out that the system essentially targets poor communities, especially urban communities of color, where crime rates are higher as a function of poverty.
For these reasons, CORI activists have been calling on the legislature to "ban the box" and drop the number of years former criminal must wait to have their records sealed to 7 for felonies and 3 for misdemeanors. The CORI Reform Bill currently calls for 10 years for felonies and 3 for misdemeanors, and so far has keep the "ban the box." provision.
"We're very pleased that we got the ban the box content in the bill," said Aaron Tanaka, organizer with the Boston Workers Alliance, the key organizational sponsor of the bill. "If we're able to pass that provision we'd be the first in the country to take a major step towards increasing job access for those with criminal records."
The event moved quickly to allow attendees time to lobby key legislators in advance of the vote - with most speakers reflecting on their movement's success in getting the CORI Reform Bill reported favorably out of the House Judiciary Committee recently.
"Don't take lightly that you got a bill out of committee," Felix Arroyo, Jr. of SEIU Local 615 reminded listeners.
"You do know how significant this is - this bill coming out?" Horace Small of the Union of Minority Neighborhoods said to the cheering crowd. However, he cautioned, "Even if this gets done this session, we still have a lot to do.
"We're not done yet," agreed Donald Washington of EPOCA - Ex-Prisoners and Prisoners Organizing for Community Advancement - in Worcester, "we don't want to settle for any fluff bill they may come up with.
Boston City Councilor Chuck Turner (G/R - District 7, Roxbury) summed the situation up succinctly.
"Seems like we're on the verge of another step forward," he said, referring to the CORI Reform Bill. "You and I know that it wouldn't be there without a fight on ground. 3 or 4 weeks ago it was not there. Now it's there and reported out."
Turner concluded with a broader point that raised the connection between labor issues and the criminal justice system, "This country has never had a full employment program. If we get it, then the CORI problem is solved."
Advocates will return to the State House this coming Tuesday to lobby legislators again as the bill goes to the House floor for a vote.
Friday, July 25, 2008
BWA CORI Campaign Update
bostonworkersalliance.org
Voting on House Bill #5004 “An act to improve certain criminal justice matters” was postponed until next formal session on Tuesday (7/29).
All available supporters should join us on Tuesday:
Tuesday, July 29th
12:30pm (and onward)
State House, outside House Chamber (3rd Floor)
While we have made major headway by securing “Ban the Box” in the Judiciary Committee’s proposal, there are three issues that may derail our efforts in the next 7 days.
1) Associated Industries of Massachusetts (AIM), has started an active lobbying campaign against our CORI reforms. AIM has donated large sums of money for re-election campaigns. Legislators must be held accountable to the people - not big businesses.
2) The State Senate appears to be undecided whether it will take up the bill after it is passed in the House. Rapid outreach to Senators and Senate President Murray is critical.
3) The Bill #5004 includes positive provisions around sealing, ban the box, and a reduction of school zones from 1000ft to a 100ft. However, a central part of HB #5004 is a mandatory parole period for all prisoners who serve over 1 year in jail. BWA strongly opposes the blanket expansion of parole supervision.
The Message to Elected Officials:
“Dear _________, please help pass CORI reform this session. The sealing periods should be 3 and 7 years, and the criminal record question should be removed from job applications. However, I do not support mandatory parole as it will cost the state too much money, and leads to the unnecessary re-incarceration of ex-prisoners. Thank you”
Key Call-In Target:
Senate President Therese Murray
Tel: (617) 722-1500
Speaker of the House Sal DiMasi
Tel: 617-722-2500
Thank you to the hundreds of people who have already called-in and attended rallies and lobby days. Please support the movement and our final call-in efforts to target the Senate and House leadership, today and Monday.
Find your own legislator at www.wheredoivotema.com - call the State House operator at 617 722 2000.
Download a summary and text of HB #5004 at www.BostonWorkersAlliance.org
Voting on House Bill #5004 “An act to improve certain criminal justice matters” was postponed until next formal session on Tuesday (7/29).
All available supporters should join us on Tuesday:
Tuesday, July 29th
12:30pm (and onward)
State House, outside House Chamber (3rd Floor)
While we have made major headway by securing “Ban the Box” in the Judiciary Committee’s proposal, there are three issues that may derail our efforts in the next 7 days.
1) Associated Industries of Massachusetts (AIM), has started an active lobbying campaign against our CORI reforms. AIM has donated large sums of money for re-election campaigns. Legislators must be held accountable to the people - not big businesses.
2) The State Senate appears to be undecided whether it will take up the bill after it is passed in the House. Rapid outreach to Senators and Senate President Murray is critical.
3) The Bill #5004 includes positive provisions around sealing, ban the box, and a reduction of school zones from 1000ft to a 100ft. However, a central part of HB #5004 is a mandatory parole period for all prisoners who serve over 1 year in jail. BWA strongly opposes the blanket expansion of parole supervision.
The Message to Elected Officials:
“Dear _________, please help pass CORI reform this session. The sealing periods should be 3 and 7 years, and the criminal record question should be removed from job applications. However, I do not support mandatory parole as it will cost the state too much money, and leads to the unnecessary re-incarceration of ex-prisoners. Thank you”
Key Call-In Target:
Senate President Therese Murray
Tel: (617) 722-1500
Speaker of the House Sal DiMasi
Tel: 617-722-2500
Thank you to the hundreds of people who have already called-in and attended rallies and lobby days. Please support the movement and our final call-in efforts to target the Senate and House leadership, today and Monday.
Find your own legislator at www.wheredoivotema.com - call the State House operator at 617 722 2000.
Download a summary and text of HB #5004 at www.BostonWorkersAlliance.org
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