2005 Criminal Offender Record Information CORI Legislative Proposals(CORI) Legislative Proposals

Prepared by Lloyd Fillion

For the Criminal Justice Policy Coalition, Mar. 2005

563 Massachusetts Avenue, Boston MA 02118

Tel: 617-236-1188    Fax: 617-236-4399

Electronic Address: Info@cjpc.org

 

 

 

 

 

 

 

No.

Bill #

Bill Title

Sponsor

 

Goals of Bill

MGL

Chapt.

1

&

2

HD.1013

 

SD. 1988

Distribution &

Use of CORI

Rep. Balser

 

Sen. Wilkerson

1.

 

2.

 

Limits CORI to conviction and case pending when distributed to employers, housing agencies, and other non-criminal justice entities.

Provides person with CORI with opportunity to dispute relevance and accuracy ofrecord.

Ch.6

§ 172

3

HDocket. 610

(ident. to sec. 1, HD1013)

Providing Assistance to Persons with CORI

seeking Employment

Rep. Fox

1.

 

Limits CORI to conviction and case pending when distributed to employers, housing agencies and other non-criminal justice entities.

Ch.6

§ 172

4

HD. 1923

Relative to Records of Arrests

Rep. Marzilli, Jr.

1.

 

Excludes arrest, detention, or disposition not resulting in conviction from definition of CORI .

Ch.6

§ 172

5

&

6

HD. 1014

 

SD. 1989

Sealing Non-Conviction CORI

Rep. Balser

 

Sen. Wilkerson

1.

 

 

2.

 

Declares findings by General Court that criminal records pose major barriers, particularly inability to obtain jobs, for people with CORI ; and finds that a there is a compelling state interest in sealing “stale or unpredictive” criminal records.

Re-establishes quasi-automatic sealing of favorably ending dispositions after passage of time.

Ch. 276

adds

§ 100D

7

HD. 3854

Clarifying Sealing of

Non-Conviction CORI

Rep. Rushing

1.

 

 

2.

 

3.

4.

Declares findings by General Court that criminal records pose major barriers, particularly inability to obtain jobs, for people with CORI ; and finds that there is a compelling state interest in sealing "stale or unpredictive" criminal records.

Clarifies case law requirement that sealing of a favorably-ending case is by a court proceeding.

Lays out factors a court should consider in sealing a favorably-ending case.

Clarifies distinction between a conviction and a favorably-ending case.

Ch. 276

modifies

§ 100C

8

HD. 3852

Sealing Conviction CORI

Rep. Rushing

1.

2.

Shortens waiting period for sealing felonies to 7 years.

Shortens waiting period for sealing misdemeanors to 3 years.

Ch. 276

§ 100A

9

HD. 3853

Clarifying Sealing of Conviction CORI

Rep. Rushing

1.

 

 

2.

 

Requires that an intervening conviction which can preclude sealing of an aged-out felony or misdemeanor be a conviction punishable by incarceration for more than one year.

Makes clear that an aged-out conviction can be sealed upon satisfying explicit statutory requirements not when all convictions on a record can be sealed.

Ch. 276

modifies

§ 100A

10

SD. 1975

Further Defining Employment Discrimination

Sen. Wilkerson

1.

 

2.

 

3.

 

Sets forth findings by General Court of pervasive unfair job discrimination against qualified people with CORI .

Encourages nondiscriminatoryand full utilization of productive able-bodied people with CORI .

Bars job discrimination against people with CORI , unless conviction or pending charge on a record substantially relate to circumstances of a position sought.

Ch. 151E

adds new

Ch. 151F

11

HD. 619

Prohibiting Discrimination Against Persons

with CORI

Rep. Fox

1.

 

Bars job discrimination against people with CORI , unless conviction or pending charge on a record substantially relate to circumstances of a position sought.

Ch. 151B

12

HD. 1919

Relative to

Criminal Offender

Record Information

Rep. Marzilli, Jr.

1.

 

2.

 

3.

 

4.

 

5.

 

6.

 

7.

 

Excludes favorably-ending dispositions from dissemination to non-criminal justice agencies.

Requires non-criminal justice agencies to share and discuss CORI with individual to whom it pertains before making adverse decision.

Directs private employers to obtain CORI , if at all, from the CHSB.

Shortens waiting period for sealing misdemeanors to 5 years, and sealing felonies to 8 years.

Requires that an intervening conviction which can preclude sealing of an aged-out felony or misdemeanor be a conviction punishable by incarceration for a year or more.

Prohibits employers from asking job seekers about CORI that they can obtain from CHSB.

Establishes commission to study feasibility of tax credit to employers hiring former offenders.

Ch. 6

§ 172.

13

SD. 1960

Purging Juveniles'

Delinquency Records

Sen.Wilkerson

1.

 

 

 

 

Provides for purging of juvenile delinquency proceeding in its entirety after final after final disposition upon court order. Favorably-ending dispositions are to be viewed by court favorably; other dispositions depend on factors such as severity of offense, adverse consequences on person if record is maintained, behavior indicating rehabilitation since proceedings commenced.

Ch. 276

adds new

§ 100D