CORI - HIRE

Report
Albert J. Grudzinskas, Jr., J.D.
University of Massachusetts Medical School
Department of Psychiatry
Law and Psychiatry Program
Clinical Associate Professor &
Director of Legal Studies
©Copyrighted 2014, Albert J. Grudzinskas, Jr
Disclaimer
The Massachusetts Department of Mental Health
and the University of Massachusetts Medical
School have no responsibility for the content of
this presentation.
The content of this presentation does not
represent an official statement of the
Massachusetts Department of Mental Health or
the University of Massachusetts.
Financial Disclosure
Neither the presenter nor his spouse have had
a relevant financial relationship in the past
twelve months with proprietary entities
producing health care goods or services as
may be presented herein.
I have no actual or potential conflict of interest
in relation to this presentation.
Legal Disclaimer
The opinions expressed during this presentation are not
necessarily the opinions of DMH or UMMS or the people
expressing the opinions; nor should it be presumed or
construed that they even are opinions or that the persons
expressing them have any idea whatsoever of what they may
or may not be talking about. The maker of the aforesaid
opinions hereby reserves the right in perpetuity to change,
modify, distinguish, overrule, or just plain deny that he ever
made these or any other opinions at this or any other time
since the beginning of the world and continuing to and
through this presentation and its immediate aftermath.
Background
Massachusetts Body of Liberties
“Every inhabitant shall have free liberty to
search and review any rolls, records or registries
of any Court…” (1642)
U.S. Constitution Amendment VI
“Right to a speedy and public trial…” (1791)
M.G.L., Chapter 276, Section 100
“Report of the work of Probation in Court” (1953)
Background
• Criminal History Systems Board (1972)
• Criminal Offender Record Information (1977)
• Department of Criminal Justice Information
Services (2010)
• CORI Reform “An Act to Enhance Public Safety
and Reduce Recidivism by Increasing
Employment Opportunities.” (2010)
• “A good job is the best tool to prevent repeat
offending.”
Arrest & Incarceration
• Nearly 1/3 of American adults have been
arrested by age 23 (Solomon AG Re-Entry Council, 2011)
• U.S. 5% of world population – 25% of world
incarcerated population (Pew Charitable Trusts, 2008)
• On any given day 1 in 100 U.S. adults are
behind bars (Pew Charitable Trusts, 2008)
• Nearly 14 million arrests in 2009 – 4% for
violent crime (Solomon AG Re-Entry Council, 2011)
Recidivism
Bureau of Justice Statistics:
Over- All Re-Arrest Rates (3 years follow-up)
Non-Sex Offender: 179,391 of 262,420
68%
Sex Offenders: 4,163 of 9,691
43%
Felony Re-Arrest: Non-S/O: 84% S/O: 75%
Recidivism
• Law enforcement agencies in the U.S. made
1,906,600 arrests of persons under age 18 in 2009
• On February 24, 2010 approximately 71,000 juvenile
offenders were held in residential placement
facilities in the United States.
• Incarceration Rates:
– U.S. 336 per 100,000 youth
– South Africa 69 per 100,000 youth
– New Zealand 68 per 100,000 youth
OJJDP Statistical Briefing Book: Census of Juveniles in Residential Placement 2010. At pg. 4, Available:
http://www.ojjdp.gov/ojstatbb/corrections/qa08201.asp?qaDate=2010. Released December 09, 2011.
Recidivism
• Available studies of youth released from residential
corrections programs find that 70 to 80% of youth are
re-arrested within two or three years.
• Of the six states reporting juvenile or adult arrests
within two years of release [from juvenile placement],
none showed less than a 68 % re-arrest rate.
• Virtually all states reporting three-year re-arrest rates
converge at about 75 percent.
Federal Law
Title VII of the Civil Rights Act of 1964 prohibits
discrimination in employment based on race, gender,
national origin, and other protected categories.
An employer’s consideration of criminal records may
pass muster under Title VII if an individualized
assessment is made taking into account:
1. The nature and gravity of the offense or offenses;
2. The time that has passed since the conviction and/or
completion of the sentence; and
3. The nature of the job held or sought.
What is a CORI?
Record of charge – not just conviction
State and Federal (if Massachusetts)
Allows some employers, school administrators,
& public housing officials to “screen out”
potentially dangerous ex-offenders
BUT, employers and landlords with “Standard
Access” can only see open cases - convictions
CORI Problems
• Public housing agencies can disqualify you from public
housing or subsidized housing (such as Section 8) based on
your CORI or the CORI of any adult leaseholder in your
household. You have the right to a hearing to discuss the
accuracy or relevance of the information in your CORI.
• Massachusetts employers can refuse to hire you because of
your criminal record, even if you are qualified for the job. You
have the right to a hearing to discuss the accuracy or
relevance of the information in your CORI.
• You may be prohibited from volunteering at your child's school
or sports events, or doing other volunteer work with children,
or with elderly or disabled adults.
CORI Problems
• If you were incarcerated for a drug-related felony and
were released from prison less than 12 months ago,
you cannot get TAFDC for yourself unless you are
exempt from the time limit or get a domestic violence
waiver.
• A CORI may prevent you from becoming a foster or
adoptive parent.
• Colleges and technical schools might not allow you to
do clinical work or internships in certain fields like
nursing or teaching that require contact with children,
the elderly, or people with disabilities.
Ban the Box
M.G.L., C. 151B, Sec. 4(9):
Unfair employment practice to ask about CORI
in initial written application unless applicant is
applying for position that Federal or State law
creates a mandatory or presumption
disqualification
When Can an Employer See My CORI?
Most employers are not allowed to ask you about your
criminal history on an initial job application. After the
initial job application, an employer may access your
CORI under these conditions:
• you must agree to a CORI check by signing a CORI
Acknowledgment Form for Employment and Housing
• the employer must verify your identity
• the employer must certify under oath that the reason
for the CORI request is to evaluate a current or
potential employee
• Employers can request a copy of your CORI using the
online iCORI Service
Who Gets to See What?
All Employers have “Standard Access” to CORI:
• All pending criminal charges
• All misdemeanor convictions for 5 years
• All felony convictions for 10 years
• All convictions for murder, voluntary
manslaughter, involuntary manslaughter & sex
offenses
• Offenses adjudicated as adult while under 17
Required 1 Access
• All pending criminal charges
• All misdemeanor convictions and all felony
convictions from 18th birthday
• All convictions for murder, voluntary
manslaughter, involuntary manslaughter & sex
offenses
• Offenses adjudicated as adult while under 18
Required 2 Access
• Non-conviction information
• All pending criminal charges
• All misdemeanor convictions and all felony
convictions from 18th birthday
• All convictions for murder, voluntary
manslaughter, involuntary manslaughter & sex
offenses
• Offenses adjudicated as adult while under 18
Required 3 Access
• Non-conviction information juvenile and adult
• All pending criminal charges
• All misdemeanor convictions and juvenile
delinquency adjudications
• All convictions for murder, voluntary
manslaughter, involuntary manslaughter & sex
offenses
Required 4 Access
• Non-conviction information juvenile and adult
• All pending criminal charges
• All misdemeanor convictions and juvenile
delinquency adjudications
• All convictions for murder, voluntary
manslaughter, involuntary manslaughter & sex
offenses
Information regarding sealed offenses
Due Process
If an employer has obtained criminal history
information about an applicant, regardless of
the source, he or she must provide the history
to the applicant prior to any questioning about it
Violations
Civil (Criminal Record Review Board):
• First $1,000
• Second $2,500
• Third or Subsequent $5,000
Criminal (By referral):
• I year HOC & up to $5,000
• Juvenile violation 1 year HOC & up to $7,500
• Businesses Max $50,000 or $75,000 (juvenile)
Housing
• Public housing authorities/government housing
agencies that oversee any federal or state-funded
public or subsidized housing REQUIRED 1
• Property management companies operating public or
subsidized housing (also called multifamily subsidized
housing) REQUIRED 1
• Property management companies with market-rate
housing STANDARD
• Private landlords STANDARD
• Real estate agents STANDARD
• Landlords renting to subsidized housing voucher
holders STANDARD
Why Should I Get My CORI?
• Check for mistakes
• To seal your criminal records
• Prepare for job interviews
How Do I Get a Copy of My CORI?
By Mail:
Dept. of Criminal Justice Information Services
200 Arlington Street, Suite 2200
Chelsea, MA 02150
Online:
https://icori.chs.state.ma.us/icori/resources/hel
p/WebHelp/index.htm
What Do I Need to Get My CORI?
Personal CORI Request Form:
http://www.mass.gov/eopss/docs/chsb/persona
l-access-form-v2-20121228.pdf
Fee:
$25.00
Indigency
You can get your CORI report for free if:
• you get TAFDC, EAEDC, SSI,
MassHealth, or Massachusetts Veterans'
Benefits
• or if you meet the income limits
(125% FPG)
• or if paying the $25 fee for the CORI will
cause you hardship
Consumer Report CORI Access
Before a Consumer Reporting Agency can
request CORI from the state, a landlord,
property management company, and real
estate agent must:
1) notify you in writing that a consumer
report may be used in making a decision;
2) have you sign a separate form
(separate from the CORI
Acknowledgement Form), giving them
permission to conduct background
screening through such an service
Sealing CORI
• All convictions, except for a first time drug possession
conviction, can only be sealed by mail after a waiting
period of at least 5 years for a misdemeanor
conviction or 10 years for a felony conviction.
• If a case was dismissed or ended with a not guilty
finding or a nolle prosequi (the prosecutor dropped
the case), it can be sealed by mail after a waiting
period or by a judge without any waiting period. A
misdemeanor is a crime where you can be punished
by a jail sentence of up to 2½ years even if you do
not go to jail or serve the maximum jail sentence. A
felony is a crime where you can be punished by more
than 2½ years in jail even if you do not go to jail or
serve the maximum jail sentence.
Mail
Commissioner of Probation
One Ashburton Place, Rm. 405
Boston, Ma 02150-1612
Petition to seal:
http://www.mass.gov/courts/probation/sealing
petition.pdf
Sealing CORI in Court
A judge in the court that handled the criminal
case has the power to seal:
• a first time drug possession conviction where
the person did not violate any requirements
connected to being on probation or a “CWOF”
(continuance without a finding) such as going
to drug treatment or doing community service;
• any cases where you were found “not guilty;”
• any cases that were dismissed or ended in a
nolle prosequi (a case dropped by the District
Attorney) even if you were on probation.
Petition & Motion
• http://www.masslegalhelp.org/cori/formsfolder/court-petition-to-seal-new-may-4-2012sample.pdf
Correcting CORI Mistakes
If you find a mistake on your CORI, the
probation office where the case was heard
may be able to correct it. You can also call
the Commissioner of Probation at 617-7275300 for help. In some cases, you may have
to file a petition with the court to have your
record corrected.
What if I have a Record?
The Work Opportunity Tax Credit (WOTC) is a
federal tax credit for employers who hire workers
from certain hard-to-place target groups. One of the
WOTC target groups is ex-felons who were
convicted or released from prison within one year of
the date of hire. In most cases, the employer is
eligible for a tax credit of $2400.
http://www.doleta.gov/business/Incentives/opptax/
http://www.mass.gov/lwd/employment-services/onestop-career-centers/special-programs/wotc-program.html
What if I have a Record?
The Federal Bonding Program is a job
hiring incentive program that protects
employers from loss resulting from any
dishonest acts performed by "at-risk"
employees that they hire. The "at-risk"
categories include ex-offenders, recovering
substance abusers, dishonorably discharged
veterans, etc..
http://www.bonds4jobs.com/index.html
Massachusetts General Laws
(Sex Offender Registry Board)
• M.G.L., Chapter 6, Sections 178C – 178Q
Registration
• M.G.L., Chapter 123A, Sections 1 – 16
Commitment
What is the SORB? (Sex Offender Registry Board)
• Administrative agency under the Executive Office of
Public Safety
• Established by M.G.L. Chapter 6, Sections 178C-178Q
• Regulations: 803 CMR
• Began full operations in 2003 after seven years of
litigation
• Current SORB members include a psychologist, two
lawyers, a former probation officer, a former state
agency budget director, and a victim advocate
(2008).
What does the Board do?
• Collects information
from offenders and CJ
agencies
• Maintains database
• Informs FBI , police and
other CJ agencies
• Tracks sex offender
compliance
• Disseminates
information to public
• Assesses preliminary
classification of risk
• Holds hearings on
appeal from leveling
• May terminate sex
offender status
Who is required to register?
A person is required to register with the Board if he
or she:
• 1. Resides in or is employed in Massachusetts, or
is a student at a post-secondary school in
Massachusetts, AND
• 2. Has been convicted, adjudicated, incarcerated,
supervised, or released from SDP status for one
or more of the offenses listed on handout on or
after 8/1/1981 (or a like violation in another
state):
SORB levels
• Level One
– Lowest risk of re-offense and degree of dangerousness
– Initial and subsequent registrations directly to SORB via US
mail
– No info to public
• Level Two
– Moderate risk
– Passive dissemination (to citizens requesting) at local
police department
– Must appear in person at local police dept. to
register/update
SORB levels
• Level Three
– Highest risk
– Active dissemination by local police department, SORB
website, public media
– Must appear in person at local police dept. to
register/update
• Sexually violent predator
Residency restrictions
• Federal HUD bans all sex offenders with “lifetime
obligation” from HUD funded housing
• NO statewide residency restrictions in MA
• Each city or town may establish residency
restrictions by local ordinances
• Restrictions based on physical distance of
offender’s residence from location of potential
victims
• No evidence that RRs are effective
Thank You!
[email protected]

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