What is the Department of Criminal Justice Information Services DCJIS DCJIS is the Massachusetts agency statutorily designated to oversee the authorized provision of Criminal Offender Record Information CORI to the noncriminal justice community ID: 805332
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Slide1
CORI Training
December 10, 2012
Slide2What is the Department of Criminal Justice Information Services (DCJIS)?
DCJIS is the Massachusetts agency statutorily designated to:
oversee the authorized provision of Criminal Offender Record Information (CORI) to the non-criminal justice community;
provide a public safety information system and network to support data collection, information sharing, and interoperability for the Commonwealth's criminal justice and law enforcement communities; provide support to the Criminal Records Review Board;operate the Firearms Records Bureau; and provide and technically support the Victim Notification Registry for the victims of crime.
Enhancing Public Safety Through Information Exchange
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Slide3What is CORI?
C
riminal
Offender Record Information Records and data in any communicable form compiled by a Massachusetts criminal justice agency about an identifiable individual that relate to:
nature or disposition of a criminal charge,
an arrest, a pre-trial proceeding,
other judicial proceedings,
sentencing,
incarceration, rehabilitation, or release. Does not include juvenile criminal history, except for charges on which a juvenile was adjudicated as an adult.
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Slide4How is the CORI Record Created?
The information contained in a CORI record provided by the DCJIS is originally created by the Trial Court. Upon arraignment of a criminal charge, Trial Court staff record what happens every time an individual appears in court.
Pursuant to the Massachusetts
General Laws, the DCJIS electronically receives this Trial Court information every 24 hours.
Only Trial Court staff can change this
information. DCJIS cannot change
entries contained in the CORI database.
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Slide5What is CORI Reform?
On August 6, 2010, the Governor signed into law Chapter 256 of the Acts of 2010, a.k.a. CORI Reform, making significant changes to the CORI law.
This law is intended to provide ex-offenders
with a better chance of re-integration and obtaining employment while taking public safety into account.
The law changes who will have
authorized access to CORI and how
CORI will be accessed.
Most of the CORI Reform provisions
were effective on May 4, 2012.Enhancing Public Safety Through Information ExchangePage 5
Slide6All Employers Have Standard Access to CORI
Employers now have access to:
Any criminal charges pending as of the date of the request, including open cases that have been continued without a finding until dismissed; and
Felony or misdemeanor convictions, but only if the individual was found guilty of or released from incarceration for a misdemeanor within 5 years of the request or a felony within 10 years of the request.
The convictions that do not
appear have not been sealed.
CORI Reform does not include
automatic sealing.
All murder, manslaughter, and sex offenses will remain visible.Enhancing Public Safety Through Information ExchangePage 6
Slide7Certain Employers Have Required CORI Access
Employers who must comply with statutory, regulatory, or accreditation requirements regarding employees’ criminal records, (e.g. hospitals and banks) have access to additional adult CORI information dating back to an individual’s 17
th
birthday.Employers that received CORI under a federal or state law authorizing or requiring them to conduct CORI checks under the former CORI system continue to have the same access (e.g. schools, camps, day care centers, nursing homes and assisted living facilities).
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Slide8The Public Will Have Limited Access to Open CORI“Open CORI” will include:
Misdemeanor convictions within one year of conviction or
release from incarceration;
Felony convictions within two years of conviction or release from incarceration; andAll felony convictions punishable by five or more years of incarceration within ten years of conviction or
release from incarceration.
All murder, manslaughter and sex offense
convictions, unless sealed.
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Slide9What is Required 1 Access?
all pending criminal charges, including cases continued without a finding of guilt, until they are dismissed;
all misdemeanor convictions and felony convictions dating from the
subject’s 17th birthday; all information relating to those offenses for which the subject was adjudicated as an adult while younger than 17 years old; and
all convictions for murder, voluntary manslaughter,
involuntary manslaughter, and sex offenses.
Examples of Required 1 agencies:
Hospitals; Healthcare Staffing Agencies;
Healthcare Clinical Programs; Banks; Security System Installers; and Amusement Device Operators. Enhancing Public Safety Through Information ExchangePage 9
Slide10What is Required 2 Access?
non-conviction information;
all pending criminal charges, including cases continued without a finding of guilt, until they are dismissed;
all misdemeanor convictions and felony convictions dating from the subject’s 17th birthday; all information relating to those offenses for which the subject was adjudicated as an adult while younger than 17 years old; andall convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses
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Slide11Agencies with Required 2 CORI Access
Examples of Required 2 Agencies:
Schools;
Assisted Living Facilities;Nursing Homes;Programs for Children;
Councils on Aging; and
Military Recruiters.
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Slide12What is Required 3 Access?
All adult and juvenile Non-conviction information;
all adult and juvenile pending criminal charges, including cases continued without a finding of guilt, until they are dismissed;
all adult misdemeanor convictions and felony convictions dating from the subject’s 17th birthday and juvenile delinquency findings; all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses; andinformation relating to those offenses for which the
subject was adjudicated as an adult while younger than 17 years old.
This level of CORI is
only
available to camps for children!
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Slide13What is Required 4 Access?
All adult and juvenile non-conviction information;
all adult and juvenile pending criminal charges, including cases continued without a finding of guilt, until they are dismissed;
all misdemeanor convictions and felony convictions dating from the subject’s 17th birthday and juvenile delinquency findings; all convictions for murder, voluntary manslaughter, involuntary manslaughter, and sex offenses; information relating to those offenses for which the
subject was adjudicated as an adult while younger than 17 years old; and
information regarding criminal offenses that have been sealed.
This level of CORI is
only
available to the MA Department of Early Education and Care!Enhancing Public Safety Through Information ExchangePage 13
Slide14CORI Policy Requirement
Any individual employer or private landlord that submits five or more CORI requests annually shall maintain a CORI policy which must meet the minimum standards of the DCJIS model CORI policy .
The DCJIS has posted a Model CORI Policy to its
web site at mass.gov/cjis.
A CORI policy may be developed and maintained regardless of the number of CORI requests conducted.
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Slide15Adverse Employment & Housing Decisions Based on CORI
Before
an individual employer or private landlord makes an adverse decision based on a subject’s CORI, the employer/landlord must:
Notify the applicant in person, by telephone, by fax, or by electronic or hard copy correspondence of the potential adverse employment/housing action;
Provide a copy of the applicant’s CORI to the applicant;
Provide a copy of the employer’s CORI Policy, if applicable;
Identify the information in the applicant’s CORI that is the basis for the potential adverse action;
Provide the applicant with the opportunity to dispute the accuracy of the information
contained in the CORI;
Provide the applicant with a copy of the DCJIS document entitled “Information Regarding
the Process for Correcting CORI”; and
Document all steps taken to comply with these requirements.
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Slide16Secondary Dissemination Logs
Because all iCORI responses are confidential, any dissemination of CORI must be logged in a secondary dissemination log.
Secondary dissemination logs may be kept in hard copy or in electronic form and it must contain:The subject’s name;
The
subject’s
date of birth;
The date and time of dissemination;
The name of the person to whom the CORI was disseminated along with the name if the organization for which the person works, if applicable; andThe specific reason for dissemination.Secondary logs are subject to audit by the DCJIS.Enhancing Public Safety Through Information ExchangePage 16
Slide17Applicants Now Have a New Due Process Right
Effective May 4, 2012, if an employer has obtained criminal history information about an applicant, regardless of the source, he or she must provide the criminal history to the applicant prior to asking him or her about it.
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Slide18“Self-Audits” Will Help Police the SystemIndividuals will be able to see what non-law enforcement entities have requested their CORI.
Individuals will be able to determine if
CORI checks were run prior to an interview
or job rejection. Individuals will also be able to determine ifsomeone improperly accessed their CORI.
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Slide19Employers Will Have a Safe HarborEmployers not liable for negligent hiring practices by reason of relying solely on CORI received from the DCJIS and for not performing additional checks, unless required to do so by law.
Employers not liable for discriminatory practices for failure to hire a person based on inaccurate CORI requested from the DCJIS if the employer would not have been liable if the information had been accurate.
Safe Harbor Requirements:
The CORI came from the DCJIS; andThe employer made its hiring decision within 90 days of receiving the CORI; and
The employer maintained and followed DCJIS regulations
pertaining to verification of the subject’s identity
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Slide20The Criminal Records Review Board May 4, 2012, will mark the inauguration of the Criminal Records Review Board (CRRB).
CRRB’s membership will include all members listed in c. 6, s. 172 but will grow to include members from labor and workforce development and ex-offender rehabilitation.
CRRB’s primary role will be to investigate and conduct hearings of complaints regarding violations of the CORI statutes and regulations.
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Slide21Increased Civil Penalties
The Board can sanction individuals, employers and landlords with increased fines.
$1,000-first violation.
$2,500-second violation.$5,000-third or subsequent violation. Previous fine was $500
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Slide22Increased Criminal Penalties
Anyone who knowingly:
knowingly requests, obtains or attempts to obtain CORI or self-audit from DCJIS under false pretenses; knowingly communicates or attempts to communicate CORI to unauthorized individual; or
knowingly falsifies criminal records
shall be punished for each offense:
NMT 1 Year HOC;
NMT $5,000 fine;
Or both.If the offender is not a natural person, NMT $50,000 for each offense.Increased fines of $7,500/$75,000 for juvenile criminal history violations.Enhancing Public Safety Through Information ExchangePage 22
Slide23Sealing Post CORI Reform
Effective May 4, 2012, misdemeanors may be sealed 5 years after the conviction or any period of incarceration, whichever is last.
Felonies may be sealed 10 years after the conviction or any period of incarceration, whichever is last.
Restraining order violations treated as felonies.Sex offenses fall into a different category.CWOF’s may be considered for sealing as non-convictions.Enhancing Public Safety Through Information Exchange
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Slide24iCORI
Employers, volunteer organizations, licensing authorities, and landlords may now request, pay for, and receive CORI online using
iCORI
, a secure, web-based DCJIS system.Landlords and employers will be required to register annually for an iCORI account.
Individuals will be able to use
iCORI
to request
their own personal CORI.
The public will be able to use iCORI to request Open CORI.Enhancing Public Safety Through Information ExchangePage 24
Slide25Registration Step 1
Go to
iCORI
site Welcome Page.Click “Register as an Organization.”Enhancing Public Safety Through Information ExchangePage
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Slide26Registration Step 2
Select the organization type that best fits describes your agency.
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Slide27Registration Step 3
Confirm your account type on Account Type Confirmation page.
Collect all required information listed on this page.
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Slide28Registration Step 4Complete Organization and CORI Representative Details
.
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Slide29Organization CORI Representative Details?
“Organization Details” include:
Name;
Address;Website; andFederal Identification Number (FID).CORI Representative Details include:Name;DOB;Last six digits of SSN;
Address;
Phone number;User name; and
Password.
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Slide30Requesting and Receiving CORICORI Acknowledgement Forms are still required.
Applicants may remotely complete this form by having it notarized.
To submit request, user enters subject’s name, date of birth, and last 6 SSN digits, if available.
User logs in to view results which are available in iCORI for 6 months.
iCORI will return CORI results that
exactly match information contained in CORI database.
DCJIS regulations will govern the
process of making an adverse
decision based on CORI. Enhancing Public Safety Through Information ExchangePage 30
Slide31Old CORI Record (pg 1)Enhancing Public Safety Through Information Exchange
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Subject Information
Alias
Information
Slide32Old CORI Report (pg 2)Enhancing Public Safety Through Information Exchange
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Arraignment Information
Slide33New iCORI Report (pg 1)
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Legal Disclaimer Summary
Details on entered Subject request
Section
showing matching subject information
Footer displays requestor information
Slide34New CORI Report (pg 2)Enhancing Public Safety Through Information Exchange
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Detailed legal disclaimer
Slide35New CORI Report (pg 3)Enhancing Public Safety Through Information Exchange
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Matching subject information
Pending
case
Non-conviction
Slide36New CORI Report (pg 4)Enhancing Public Safety Through Information Exchange
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Conviction
Manslaughter conviction
Slide37CORI Availability and Security
CORI Acknowledgement Forms must be stored for one year.
Users must log in to view results which will remain available in iCORI for 6 months. Requestors may save CORI results for the length of employment/volunteer service or a maximum of seven years from the last date of employment/volunteer service or final decision on the application.
All information contained iCORI
responses is confidential
! Unlawful access to or dissemination of CORI may result in civil or criminal penalties.
Any CORI information stored electronically must be password protected and encrypted.
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Slide38Questions?
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