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CORI REFORM:
3 YEARS IN THE
MAKING
Currently everyone, including the Governor, individuals with criminal records and
private businesses, seems in favor of revamping the Criminal Offender Record Information
system. This has not always been the case. For the past three years, there has been little to no
support for CORI reform bills in Boston. But in light of events in the past week, all stake holders
have acknowledged that the Criminal Offender Record index needs to be revamped. The political
climate is ripe for CORI reform. Exactly how that system should be revamped seems to be the
main issue. The battle over the Criminal Offender Record Information started three years ago
with the founding of the Boston Worker’s Alliance. The Boston Worker’s Alliance, which is…
has helped propose every CORI reform bill that has come to the legislature since the summer of
2005.
CORI Reform
• Remove barriers to jobs and housing for people with criminal records.
• Shorten the time period for sealing records.
• Promote fair hiring practices.
In 2007 and 2008 Governor Patrick beganto push for Cori reform stating that “CORI was never
intended to turn every offense into a life sentence” (The Boston Banner, January,17, 2008
“Patrick announces bill, order to reform CORI,” Yawu Miller
HISTORY:
Cori system was established in 1972 as a state mechanism for criminal background checks.
Initially employers, landlords and media did not have access to such records (Cramer &Tench)
Today, employers are allowed to and some are required to do CORI checks on individuals
applying for jobs. These employers then request an applicant’s criminal record and receive this
item, with much ease, from the Massachusetts Criminal Systems Board. While nursing homes
and other childcare/adolescent related industries (i.e.the elderly,children,etc. – law enforcement,
and otherentitiesdefinedbystatute will have fullaccesstoall CORIreports.) are allowed to view any
arraignments history, both Public housing authorities and other employers can see convictions
and open cases (“Criminal Records and Applying for Jobs: What are Your Rights,” June 27th
2006,Mass Legal Help, http://bostonworkersalliance.org/index.php/?p=56)
In FAVOR:
Problem: Between 1998 and 2005, the number of CORI requests rose from 400,000 to 1.5
million requests, annually. The number of organizations with access to the CORI has also
substantially increased from 2,000 to 10,000. Yet what may seem most troubling is the statistic
that 60% of employers in urban areas like Boston have reported that they would “probably not”
or “definitely not” hire an applicant with a criminal record. (
http://bostonworkersalliance.org/wp-content/uploads/psa-07-3.pdf, Public safety act of 2007)/
DISCRIMINATION
According to the BWA, "many businesses will not hire anyone
with a CORI regardless of their qualifications or commitment."
DISCRIMINATION- EXAMPLE of BLANKET Policy
After a hearing on May 9, 2008 with the Civil Service Commission, the Department of
Corrections acknowledged that they automatically disqualified 145 candidates for employment
due to their CORI history in 2006, 125 in 2007, and 73 as of June 31, 2008 (Commonwealth of
Massachusetts Civil Service Commission, Suffolk, Collett v Department of Correction, Docket
No: G1-08-53. http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/collett_christopher_reconsideration_110608.pdf)
Employment:
Problem in that CORI list all infractions even arraignments that did not lead to convictions even
though in Massachusetts, it is illegal for employers to ask about an applicant’s arrest, violations
and infractions if these charges did not lead to conviction (“Criminal Records and Applying for
Jobs: What are Your Rights,” June 27th 2006,Mass Legal Help,
http://bostonworkersalliance.org/index.php/?p=56)
Young, a Boston Worker’s Alliance Volunteer who has a CORI, feels, "Guys just want to turn
their lives around and do the right things
IN FAVOR Perpetual punishment:
Jackie Lageson of the Massachusetts Alliance to Reform CORI suggests that CORI is harmful
when you “think about all the wrong and shameful things you’ve done over the course of 40
years…[Now] Imagine that every time you go for a job, you have to disclose it to everyone no
matter how ashamed and sorry you feel…The reality is that Bobby isn’t the only murderer who is
out on the streets trying to make a living….You tell me, what do we do with them? Deny them
access to jobs?” (Cramer & Tench).
Disparate impact by CORIand RACE
According to the BWA, "Blacks with [criminal] records applying for entry level positions
have a 5 percent chance of being called back for interview and blacks without [criminal]
records have a 14 percent chance. While whites with [criminal] records have a 17 percent
chance and whites without [criminal] records have a 34 percent chance.”
CORI refers to the criminal offense register information, which is a record of an individual’s
appearance arraignment in court
Many employers in the state are required to do a CORI check on all job (verify)
applicants.
CORI can easily be misinterpreted
The Massachusetts Law Reform Institute put together a "how to" document called The CORI
Reader available at MLRI.org to assist employers in interpreting CORI documents; however
state law businesses are not required by state law to use this document (paraphrase: claim is that
the law does not assist potential cori readers leading to it being more likely that it can be
misread).
Explaining CORI
There are over 2.3 million CORIs on file in Massachusetts
10,000 organizations in the state have access to these records.
They deny:
-housing
-employment
-student
CORIs
regardless of the outcome of the trial misdemeanors remain open for 10 years felonies for 15
years
OPPOSITION:- ACCESS aND USE
Associated Industries of Massachusetts issued a statement supporting Patrick's efforts to
improve CORI accuracy and usability, but opposing “changes to the current system for the
sealing of records" for misdemeanors and felonies. (Boston Globe, “Patrick urges passage of
CORI reform bill, Paul McMorrow, State House News Service, March 19, 2008)
MIGHT BE WEAKERargument: OPPOSITION: LIABILITY
Massachusetts District Attorneys Association
Employers have right to access CORI record, to look into criminal record of potential employee;
they have a right to know if a potential employee will pose a threat (“Controversy on Criminal
Record Intensifies,” Maria Cramer and Megan Tench, Boston Globe, April 21, 2006, copyright
Global Newspaper Company)
IN OPPOSITION: If no CORI reform:
“You should create a good file on yourself with letters you have become a productive member of
society…from employers, probation officers, clergy, counselors, treatment people. You can then
use these letters when you are applying for jobs. The CORI system does not give people many
breaks but sooner or later a brake may com, and it will be good to be ready.
SEALING RECORD
HISTORY: Success:
In 2006, the Boston City Council passed legislation to mandate all entities that have contractual
agreements with city (about 2,000 businesses) shall conduct CORI checks only when necessary
for “sensitive” positions or when required by state law. This legislation, however, did not
mandate that an application not include questions regarding an individual’s criminal convictions.
(“Training: Boston CORI Friendly Vendors Law – Is it working for you?” April 8, 2009, The
Boston Workers Alliance, http://bostonworkersalliance.org/index.php/?p=422)
In 2007, the Boston Worker’s Alliance spearheaded the Public Safety Act (House Bill #1416)
that focuses on anti-discrimination guidelines for employers, requires actual criminal
record only for those individuals with convictions, mandates the sealing of records for
misdemeanor and felonies after, respectively 3 years and 7 years. In addition, this act
requires employers to be trained on how to read the CORI (The Public Safety Act of
2007 (House Bill 1416), June 22, 2007
Boston Worker’s alliance were not completely satisfied with Governor Patrick’s Executive order
because it did include a measure to remove the criminal record question on applications for every
employer and it also changed the waiting period for sealing records for misdemeanors and
felonies to, respectively, 10 and 5 instead of 7 and 3 (“An Act to Improve Public Safety, Reform
CORI and Restore Opportunity,” January 27, 2009, Aaron Tanaka from the Boston Worker’s
Alliance, http://bostonworkersalliance.org/index.php/?p=349)
IN FAVOR OF CORI REFORM: DISCRIMINTION- NO liability
We want people to look at the ex-offender differently," says Benjamin Thompson, the
former executive director of STRIVE/Boston Employment Service, a local nonprofit. He
points to the short-sightedness of imagining that every ex-offender is a violent time bomb,
when in fact many have committed nonviolent crimes for what he calls "economic
reasons."(The Boston Globe, August 6th, 2008, “A second Chance for Ex-cons”)
This year, the Boston Worker’s Alliance has, again, filed a CORI BILL. “An Act to Improve
Public Safety, Reform CORI and Restore Opportunity” which was sponsored by Representative
Liz Malia of Boston and Senator Harriet Chandler of Worcester and has 40 co-sponsors ((“An
Act to Improve Public Safety, Reform CORI and Restore Opportunity,” January 27, 2009, Aaron
Tanaka from the Boston Worker’s Alliance, http://bostonworkersalliance.org/index.php/?p=349)
WHEREAS,the Criminal History Systems Board ("CHSB") estimates that
more than 750,000 criminal records are eligible for
Immediate sealing under the current laws of the Commonwealth;
SOLUTION- DEVAL/POLTICAL
Posion Bill- Committee Poll House 4476: An act to reduce recidivism by increasing employment
oppurtunties. July 23, 2008
“All sentences of incarceration in a house of correction or jail for more than 1 year and all
sentences in a state prison shall include a period of post-release supervision. Those who
complete the incarceration portion of their sentence without supervised release or who have been
re-incarcerated for the remainder of their sentence for violating parole or probation, shall be
subject to mandatory post-release supervision for 25% of the maximum term of incarceration.
The maximum period of incarceration shall be 5 years but in no case shall it be less than 9
months.
INTRODUCTION:
This year, the momentum of CORI reform continues.
The biggest setback for those who are anti COR I reform has been the results of the audit of the
state’s criminal records system; the auditor, Joe Denucci, deemed the system outdated and
inaccurate. Denucci suggested that the inaccuracy of the CORI’s could be a result of the fact that
Massachusetts does not require fingerprinting or social security to file their records (WBZ,
“Audit finds Massachusetts Criminal Records System outdated,” May 5, 2009)
On May 7, 2009, representing Governor Patrick, Kevin M. Burke, the Public Safety Secretary
announced that again, the current executive administration will file a bill that both requires
parole and other post-release supervision while also serving to increase access to employment
opportunities for individuals with CORIs. Kevin Burke spearheaded the audit of the State
Criminal record system (WBZ, “Audit finds Massachusetts Criminal Records System outdated,”
May 5, 2009)
At this press release, which was sponsored by ROCA, a non-profit organization in Chelsea,
Burke suggested that CORI reform was being “smart on crime; Burke suggested that It’s clear
the initiatives filed today will help us improve public safety in the Commonwealth.” (“Patrick
Adminstration to File Bills to Strenghten Public Safety” Press Release for Patrick-Murray
Administration,
http://www.mass.gov/?pageID=gov3pressrelease&L=1&L0=Home&sid=Agov3&b=pressrelease
&f=090507_public_safety&csid=Agov3).
Suprises: Includes section that addresses mandatory minimums for drug crimes; wherein the bill
would make all individuals sentenced for drug crimes eligible for parole when they have served
2/3 of their maximum sentence. (“Patrick Adminstration to File Bills to Strenghten Public
Safety” Press Release for Patrick-Murray Administration,
http://www.mass.gov/?pageID=gov3pressrelease&L=1&L0=Home&sid=Agov3&b=pressrelease
&f=090507_public_safety&csid=Agov3).
Also suggests that individuals can receive notice of when someone has requested their CORI
reform. (“Patrick Adminstration to File Bills to Strenghten Public Safety” Press Release for
Patrick-Murray Administration,
http://www.mass.gov/?pageID=gov3pressrelease&L=1&L0=Home&sid=Agov3&b=pressrelease
&f=090507_public_safety&csid=Agov3).
Pushing for internet-based system that provide records for those individuals with
convictions and/or pending cases (“Criminal records, revisited. The Boston Globe. Globe
Editorial, May 7, 2009, Copyright Globe Newspaper Company)
Intresting parts of this bill “a portion of the fees paid by employers and housing providers who
seek to access CORI will fund re-entry and job training programs” (“Patrick Adminstration to
File Bills to Strenghten Public Safety” Press Release for Patrick-Murray Administration,
http://www.mass.gov/?pageID=gov3pressrelease&L=1&L0=Home&sid=Agov3&b=pressrelease
&f=090507_public_safety&csid=Agov3).
CONCESSIONS- EVERYONE Can concede that CORI form is old and outdated. Revitalizing
CORI a must.
to distribution and use of criminal offender record information
1st opposition SEEN AS BEING SOFT ON CRIME-Which in our society seems to be
one particular form of political suicide.
For example in response to an April 2006 Cori Reform Rally held at the Boston Common,
Robert Kenney, president of the Boston Police Detectives Benevolent Society said that one of the
advocates at the rally, Bobby Dellelo (who served 40 years in the Walpole prison for first-degree
murder and then plead guilty to manslaughter) was “in no position to advocate reform.” He told
the Boston Globe that Dellelo’s presence at the rally was disgusting; he stated that “it‘s shocking
we’re supposed to feel sorry for a guy who killed a police officer…There is no reason for him to
be walking the streets. (Cramer &Tench)
Robert Faherty, the retired superintendent of the Boston Police Department responds in similar
ways to Kenney; speaking to the Boston Globe Staff he suggests that “Dellelo wants a second
chance? Georgie [the cop murdered in the attempted robbery that Dellelo was an accomplice to]
never got a second chance” (Cramer & Tench)
Has potential political repercussion-support for CORI Reform, as part of the Public Safety Act of
2006 was positioned as weakness where , Kerry Healey, the former opponent of the current
Governor, Deval Patrick tried to emphasize Patrick’s support for CORI; Healey construed
Patrick’s support of CORI to be indicative of Patrick endorsement of unaccounted for criminals
and unsafe streets (The Boston Globe, “Scrutiny of Criminals heats up race; Healy Presses
Patrick on background checks,” Andrea Estes, September 24, 2006).
Opposition (Liability)
Sept 18 2007
AIM- state’s largest nonprofit, nonpartisan association of Massachusetts’ employers.
, In a statement to the Joint Committee on the Judiciary in 2007, the Associated Industries of
Massachusetts expressed much resistance to H 1416, the act to improve Public Safety of the
Commonwealth. John Regan, the Executive Vice President of Government Affairs for
Associated Industries of Massachusetts suggested that AIM was opposed to any legislation that
curtailed access to or limited the scope of the current CORI system. Regan’s statements to the
Committee emphasize the importance of CORI as a safety mechanism; moreover he articulates
how sincerely concerned employers are when it is the case that potential applicants with CORI’s
serve as a serious liability and a serious risk for a company. He suggests that CORI is extremely
helpful in protecting the financial interests of the company in that it “gives employers the ability
to remain compliant with industry standards and existing public safety laws.” Regan suggests
that CORI reform would make Massachusetts “one of the most restrictive states in the country in
this area” given that request for CORI’s are already strict and stringent.
SEX OFFENESES HAVE NOTHING to do with that
(Can’t do it)
September 18, 2007. Massachusetts Bankers Association, speaking on behalf of 205 commercial,
cooperative savings and federal saving banks in Massachusetts. David Floreen, the senior Vice
President of The MBA admits that the state’s CORI law is not perfect, yet nevertheless is against
CORI reform. The MBA suggests that they oppose a bill to curtail employers’ access to CORI
data because all banks “are subject to a myriad of specific regulations and guidance from federal
bank regulators regarding the conduct of background checks for new employees.” The
regulations are issued by the Federal Deposit Insurance Corporation (FDIC). Yet, the MBA also
cite the Federal Financial Institutions Examination Council (FFIEC) that suggests all banks must
ensure that all employees were never convicted of a criminal offense.
Mass District Attorney’s Association: Jonathan Blodgett, Essex DA, President of MDAA
Law enforcement should have access to a defendant’s full history of court appearances (not
contested)
-Coris must be accurate and easy to understand
More funding for Board
Employers need incentives to hire ex-cons (risk management tool)
ISSUE: CORI- as a risk management tool. Even though- Non-conviction appear on record
IN FAVOR OF REFORM- less access: RESPONE TO LIBALITY:
Certificate of Commitment to Rehabilitation- “which would allow individuals to document their
participation in treatment programs and services in their CORI in an attempt to assist them in
their employment and housing searches up release.(Toby Fisher, National alliance on Mental
Illness of Massachusetts)
BOX-bigger issue to deal with convicts.
IN RESPONSE TO LIABILITY: Francisca Fajana from the Massachusetts Law reform Institute,
Inc, testified that there should be “close nexus between a charge and a position”
DISCRIMINATION: Karen Arsenault, volunteer for the Neighbor to Neighbor organization says
her CORI which consistent of driving offenses is “a modern day scarlet letter”
SEALING:
The research on recidivism indicates that if an ex-offender has not reoffended within 3 years of
misdemeanor or 7 years of a felony, then he/she is no more likely to commit an offense than
someone with no criminal record. In addition, CJPC would prefer that the record sealing be
automatic (The Pros and Cons of House Bill 5004: A Summary
and Analysis, By Joel Pentlarge and Lloyd Fillion. Criminal Justice Policy Coaltiion,
http://www.cjpc.org/HB5004.htm)
Conclusion:
Injustice- insufficient: discrimination because records have not been updates.
Deval-funding- Step in right direction but may definetly harp on the ban the box argument.
Law enforcement should have access to a defendant’s full history of court appearances (not
contested.
Office of Secretary/Workforce development of Patrick in favor (testimony found in bill (Festa
1416) Suzanne Bump 2007themes: Accuracy, training, use
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"(http://www.openmediaboston.org/node/263, CORI Bill Stalls in House Ways and Means,
Advocates Vow Rematch, Jason Pramas (Staff), Aug-01-08)
According to advocates, the bill was primarily defeated by wrangling between the Chair of the House
Judiciary Committee State Representative Eugene L. O'Flaherty (D-Chelsea) - 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.( http://www.openmediaboston.org/node/263, CORI Bill Stalls in
House Ways and Means, Advocates Vow Rematch, Jason Pramas (Staff), Aug-01-08)
Aim IN OPPOSITION:
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."(
http://www.openmediaboston.org/node/263, CORI Bill Stalls in House Ways and Means,
Advocates Vow Rematch, Jason Pramas (Staff), Aug-01-08)
Intro: Current climate changing as current abuse of CORI revealed
Jan 2008
CORI- History:
Createdin1972; wassupposedtoease and improve the disseminationof informationwithinthe
criminal justice system(“Foesof arrestnotificationgatherCookoutbringscallsforreformof records
data,” The BostonGlobe,BrianR. Ballou,October8th, 2006.
Governor $60 million in Budget for Criminal Record reform (
AGAINST:LIABILITY:Attorneysfromthe AssociatedIndustriesof Massachusetts(AIM),criticized
language inthe GovernorPatrick’sCORIreformbill;theybelieve thatthe "termsare undefinedinthe
anti-discriminationportionof the bill and muchlitigationwill result."(BostonBulletin:”State House
march demandsCORIreform,”September20,2007, Connease Warren)
IN FAVOR-OPPURTUNITY:JalelleCosgrob,a16 yearoldwitha CORI asked,"Whatam I supposedtodo
withthe restof my life?"(BostonBulletin:“State House marchdemandsCORIreform,”September20,
2007, Connease Warren)
“Ban the Box”
Both the cityof Bostonand Cambridge removedthe “criminal recordcheckbox”fromjobapplications.
2008 beganwithGovernorPatricksigningthe ExecutiveOrderNo.495; the executiveordermandates
that an employermustpassawrittenexamonhow to correctlyread a CORI before receivingthe report.
The order alsoimplementedanti-discriminationpoliciesforstate agenciesthatemployeepublic
workers;thisprohibitsCORIchecksforanypotential employee.Anapplicantmustbe firstconsideredto
be qualifiedforthe positionforthe employertobe able torun a CORI check.Most importantly,the
executiveorderdismantledregulationsthatprohibitedindividualsfromworkinginHealthandHuman
fields;anindividual whowantstoworkwithhealthandhumanwill be consideredforpositionsif that
individualhasnotcommittedamisdemeanorinthe pastfive yearsor committedafelonyinthe past10
years.Thus,A majorsuccessfor proponentsof CORIreformisthe removal of the “criminal recordcheck
box”from applicationsforjobsinhealthandhumanservice fields.Yetthe battle isnotoverforthose in
favorof CORIreform.
IN FAVOR:UNFAIRACCESS:JuvenileDepartmentof Youthservices,Departmentof Social Servicesand
otheryouth-relatedagencieshave fullaccesstothe criminal recordsof juveniles.
“Employersshouldonlyconsidercriminalrecordsforapplicantswhoare otherwisequalifiedforthe job”
IN FAVOR COMPARIING STATES:
example· 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) (MA CORI reform BWA update, June 24, 2008.
http://realcostofprisons.org/blog/archives/2008/06/ma_cori_reform_1.html)
2008 the Judiciary Committee finally presented a CORI reform House Bill 5004; this bill, however,
never made it pass the Ways and Means Committee. (Criminal Justice Policy,
http://www.cjpc.org/20072008legsession.htm)
New York, All charges are supported by the accused’s fingerprints, Fingerprint-based verification
system. Connecticut, Automatically expunges certain offenses. Rhode Island: Misdemeanors can be
expunged after 5 years; felonies after 10 years: First-time non-violentoffenses can be expunged
CONCLUSIONS:CONTENSIONS: Lack of clear guidelines for using CORI
Length of time before a record can be sealed
The momentumof the grassrootsmovementinthe pastfew yearshascontinued.
Worcester passedn ordinance todeal withdiscriminationhiringandthe misuse of the CORIsystem;
thisordinance removedthe question“Have youeverbeenconvictedof acrime?”(“WorcesterCORI
reformCoalitionHoldsPublicRally,”Examiner.com, April13,2007, AjitaPerera)
Introduction: The supportfor reformingthe CORIsystemhassubstantiallyincrease thisyearfollowing.
The State Auditorof Massachusetts,JosephDenucci,condemnedthe CORIsystemasitnow standsafter
it wasfoundthat lawenforcementpersonnel unjustifiablyaccessedthe personal recordsof many
Celebrities(TomBrady’spersonalrecordswere searched968 times).Mostimportantly,Denucci
concludedthatmanyprivacyviolationsoccurred,38,000 CORIs hadnot beenupdatedandthusthe CORI
systemwasboth“flawedandwoefullyobsolete” andinneedof reform.“Withoutanoverhaul the
systemcannotguarantee the reliabilityof law enforcementdecisionsthatdependonthisinformation”(
“AuditorBlastsState Criminal RecordsSystemasOutdated,inaccurate,”The BostonGlobe,May5, 2009,
http://www.boston.com/news/local/breaking_news/2009/05/auditor_blasts.html)
History, 10,000 organizationscanhave accessto CORI reports.
In FAVOR STRUCTURE: dramaticallyreduce the longwaitingperiodstoseal aCORI,2) remove non-
convictionandnot-guiltycases,3) give anti-discriminationprotectionstojobseekerswithCORIs,and4)
empowerjudgestobe able topurge certainjuvenile offenses.
CORI LAW HISTORY:Non conviction: “whatever happens to be applicable to each charge.”
General Laws, Chapter 6, Section 167. (Further statutory references will be shown in an abbreviated way thecitation just given is
abbreviated as G.L . c. 6, § 167
HISTORY: FACTS:
Current estimates by CHSB staff are that the agency processes between 1.4 and 1.5 million CORI
requests per year. Notethat, assuming 264 work days in a year, the CHSB would appear to send out over 5,000 CORI reports
each working day. (page 5
$25 dollar cori report- pg21 (“TheCORI reader, Massachusetts Law Reform Institute, Ernest Winsor, 3rd Edition 7/14/2006
What is on the CORI: , Baseline information includes convictions and pending charges, CORI can also
include, Juvenile conviction information, Cases that were dismissed, Cases (“CORI: Balancing Individual
Rights and Public Access.” Boston Foundation and Criminal Justice Institute. May 18, 2005)
● continued without a finding, Cases that resulted in dropped charges, Not guilty findings
MAIN solution: Limit liability to employers who hire ex-offenders and create incentives that support
re-entry
ISTssues of paper:
Access, accuracy, proper use
(“CORI: Balancing Individual Rights and Public Access.” Boston Foundation and Criminal Justice
Institute. May 18, 2005)
ACCESS ARGUMENT: Access will still be open: For many years, CORI prohibited access to the State
Court alphabetical indices containing such numbers but, in 1993 as a result of litigation brought by
The Boston Globe, this prohibition upon access to indices was held unconstitutional and the indices are
now open to inspection. (Massachusetts Bar Association. Journalists’ Handbook. “CORI: The Criminal
Offender Record law information. http://www.massbar.org/about-the-mba/press-
room/journalists%27-handbook/11-cori
History of scope: In 1977, following the arrest of a school bus driver on pornography charges, CORI
was made accessible to a third category of users - any agency or individual "where it has been
determined that the public interest in disseminating such information" outweighed the privacy rights of
the CORI subjects.)
access to CORI has been steadily expanding to provide access, and increasingly mandated checks, by
entities serving elderly, children and disabled; state health and human service providers; nursing
homes, school districts and more, Winsor says.
USE/ACCESS:
Percent survey of 196 Boston-area businesses found that 80 percent of them have a formal policy for
background checks. notes that, thanks to the Internet, background checks on prospective employees
are easier to conduct than ever and private background check services are more
affordable.(WBJournal.com, “Confusion over CORI,” Micky Baca)
Cori reformmisconstruedasbeingsoftoncrime- politicallysensitive subject
Beingsmarton crime- cost savingmeasure-makingsure people are tax-payers.
4 daysbefore sessionwasover.House of judiciaryset
Senate andhouse were beafing
Handnt gotbill outof committee forthree
Mandatory post-release supervision- aminimumof nine months- regressive concept-takingon
someone sentences

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CORIPAPERdraft

  • 1. CORI REFORM: 3 YEARS IN THE MAKING
  • 2. Currently everyone, including the Governor, individuals with criminal records and private businesses, seems in favor of revamping the Criminal Offender Record Information system. This has not always been the case. For the past three years, there has been little to no support for CORI reform bills in Boston. But in light of events in the past week, all stake holders have acknowledged that the Criminal Offender Record index needs to be revamped. The political climate is ripe for CORI reform. Exactly how that system should be revamped seems to be the main issue. The battle over the Criminal Offender Record Information started three years ago with the founding of the Boston Worker’s Alliance. The Boston Worker’s Alliance, which is… has helped propose every CORI reform bill that has come to the legislature since the summer of 2005. CORI Reform • Remove barriers to jobs and housing for people with criminal records. • Shorten the time period for sealing records. • Promote fair hiring practices. In 2007 and 2008 Governor Patrick beganto push for Cori reform stating that “CORI was never intended to turn every offense into a life sentence” (The Boston Banner, January,17, 2008 “Patrick announces bill, order to reform CORI,” Yawu Miller HISTORY: Cori system was established in 1972 as a state mechanism for criminal background checks. Initially employers, landlords and media did not have access to such records (Cramer &Tench) Today, employers are allowed to and some are required to do CORI checks on individuals applying for jobs. These employers then request an applicant’s criminal record and receive this item, with much ease, from the Massachusetts Criminal Systems Board. While nursing homes
  • 3. and other childcare/adolescent related industries (i.e.the elderly,children,etc. – law enforcement, and otherentitiesdefinedbystatute will have fullaccesstoall CORIreports.) are allowed to view any arraignments history, both Public housing authorities and other employers can see convictions and open cases (“Criminal Records and Applying for Jobs: What are Your Rights,” June 27th 2006,Mass Legal Help, http://bostonworkersalliance.org/index.php/?p=56) In FAVOR: Problem: Between 1998 and 2005, the number of CORI requests rose from 400,000 to 1.5 million requests, annually. The number of organizations with access to the CORI has also substantially increased from 2,000 to 10,000. Yet what may seem most troubling is the statistic that 60% of employers in urban areas like Boston have reported that they would “probably not” or “definitely not” hire an applicant with a criminal record. ( http://bostonworkersalliance.org/wp-content/uploads/psa-07-3.pdf, Public safety act of 2007)/ DISCRIMINATION According to the BWA, "many businesses will not hire anyone with a CORI regardless of their qualifications or commitment." DISCRIMINATION- EXAMPLE of BLANKET Policy After a hearing on May 9, 2008 with the Civil Service Commission, the Department of Corrections acknowledged that they automatically disqualified 145 candidates for employment due to their CORI history in 2006, 125 in 2007, and 73 as of June 31, 2008 (Commonwealth of Massachusetts Civil Service Commission, Suffolk, Collett v Department of Correction, Docket No: G1-08-53. http://www.mass.gov/Eoaf/docs/csc/decisions/bypass/collett_christopher_reconsideration_110608.pdf) Employment: Problem in that CORI list all infractions even arraignments that did not lead to convictions even though in Massachusetts, it is illegal for employers to ask about an applicant’s arrest, violations and infractions if these charges did not lead to conviction (“Criminal Records and Applying for Jobs: What are Your Rights,” June 27th 2006,Mass Legal Help, http://bostonworkersalliance.org/index.php/?p=56) Young, a Boston Worker’s Alliance Volunteer who has a CORI, feels, "Guys just want to turn their lives around and do the right things IN FAVOR Perpetual punishment: Jackie Lageson of the Massachusetts Alliance to Reform CORI suggests that CORI is harmful when you “think about all the wrong and shameful things you’ve done over the course of 40 years…[Now] Imagine that every time you go for a job, you have to disclose it to everyone no matter how ashamed and sorry you feel…The reality is that Bobby isn’t the only murderer who is out on the streets trying to make a living….You tell me, what do we do with them? Deny them access to jobs?” (Cramer & Tench).
  • 4. Disparate impact by CORIand RACE According to the BWA, "Blacks with [criminal] records applying for entry level positions have a 5 percent chance of being called back for interview and blacks without [criminal] records have a 14 percent chance. While whites with [criminal] records have a 17 percent chance and whites without [criminal] records have a 34 percent chance.” CORI refers to the criminal offense register information, which is a record of an individual’s appearance arraignment in court Many employers in the state are required to do a CORI check on all job (verify) applicants. CORI can easily be misinterpreted The Massachusetts Law Reform Institute put together a "how to" document called The CORI Reader available at MLRI.org to assist employers in interpreting CORI documents; however state law businesses are not required by state law to use this document (paraphrase: claim is that the law does not assist potential cori readers leading to it being more likely that it can be misread). Explaining CORI There are over 2.3 million CORIs on file in Massachusetts 10,000 organizations in the state have access to these records. They deny: -housing -employment -student CORIs regardless of the outcome of the trial misdemeanors remain open for 10 years felonies for 15 years OPPOSITION:- ACCESS aND USE Associated Industries of Massachusetts issued a statement supporting Patrick's efforts to improve CORI accuracy and usability, but opposing “changes to the current system for the sealing of records" for misdemeanors and felonies. (Boston Globe, “Patrick urges passage of CORI reform bill, Paul McMorrow, State House News Service, March 19, 2008) MIGHT BE WEAKERargument: OPPOSITION: LIABILITY Massachusetts District Attorneys Association Employers have right to access CORI record, to look into criminal record of potential employee; they have a right to know if a potential employee will pose a threat (“Controversy on Criminal
  • 5. Record Intensifies,” Maria Cramer and Megan Tench, Boston Globe, April 21, 2006, copyright Global Newspaper Company) IN OPPOSITION: If no CORI reform: “You should create a good file on yourself with letters you have become a productive member of society…from employers, probation officers, clergy, counselors, treatment people. You can then use these letters when you are applying for jobs. The CORI system does not give people many breaks but sooner or later a brake may com, and it will be good to be ready. SEALING RECORD HISTORY: Success: In 2006, the Boston City Council passed legislation to mandate all entities that have contractual agreements with city (about 2,000 businesses) shall conduct CORI checks only when necessary for “sensitive” positions or when required by state law. This legislation, however, did not mandate that an application not include questions regarding an individual’s criminal convictions. (“Training: Boston CORI Friendly Vendors Law – Is it working for you?” April 8, 2009, The Boston Workers Alliance, http://bostonworkersalliance.org/index.php/?p=422) In 2007, the Boston Worker’s Alliance spearheaded the Public Safety Act (House Bill #1416) that focuses on anti-discrimination guidelines for employers, requires actual criminal record only for those individuals with convictions, mandates the sealing of records for misdemeanor and felonies after, respectively 3 years and 7 years. In addition, this act requires employers to be trained on how to read the CORI (The Public Safety Act of 2007 (House Bill 1416), June 22, 2007 Boston Worker’s alliance were not completely satisfied with Governor Patrick’s Executive order because it did include a measure to remove the criminal record question on applications for every employer and it also changed the waiting period for sealing records for misdemeanors and felonies to, respectively, 10 and 5 instead of 7 and 3 (“An Act to Improve Public Safety, Reform CORI and Restore Opportunity,” January 27, 2009, Aaron Tanaka from the Boston Worker’s Alliance, http://bostonworkersalliance.org/index.php/?p=349) IN FAVOR OF CORI REFORM: DISCRIMINTION- NO liability We want people to look at the ex-offender differently," says Benjamin Thompson, the former executive director of STRIVE/Boston Employment Service, a local nonprofit. He points to the short-sightedness of imagining that every ex-offender is a violent time bomb, when in fact many have committed nonviolent crimes for what he calls "economic reasons."(The Boston Globe, August 6th, 2008, “A second Chance for Ex-cons”) This year, the Boston Worker’s Alliance has, again, filed a CORI BILL. “An Act to Improve Public Safety, Reform CORI and Restore Opportunity” which was sponsored by Representative Liz Malia of Boston and Senator Harriet Chandler of Worcester and has 40 co-sponsors ((“An
  • 6. Act to Improve Public Safety, Reform CORI and Restore Opportunity,” January 27, 2009, Aaron Tanaka from the Boston Worker’s Alliance, http://bostonworkersalliance.org/index.php/?p=349) WHEREAS,the Criminal History Systems Board ("CHSB") estimates that more than 750,000 criminal records are eligible for Immediate sealing under the current laws of the Commonwealth; SOLUTION- DEVAL/POLTICAL Posion Bill- Committee Poll House 4476: An act to reduce recidivism by increasing employment oppurtunties. July 23, 2008 “All sentences of incarceration in a house of correction or jail for more than 1 year and all sentences in a state prison shall include a period of post-release supervision. Those who complete the incarceration portion of their sentence without supervised release or who have been re-incarcerated for the remainder of their sentence for violating parole or probation, shall be subject to mandatory post-release supervision for 25% of the maximum term of incarceration. The maximum period of incarceration shall be 5 years but in no case shall it be less than 9 months. INTRODUCTION: This year, the momentum of CORI reform continues. The biggest setback for those who are anti COR I reform has been the results of the audit of the state’s criminal records system; the auditor, Joe Denucci, deemed the system outdated and inaccurate. Denucci suggested that the inaccuracy of the CORI’s could be a result of the fact that Massachusetts does not require fingerprinting or social security to file their records (WBZ, “Audit finds Massachusetts Criminal Records System outdated,” May 5, 2009) On May 7, 2009, representing Governor Patrick, Kevin M. Burke, the Public Safety Secretary announced that again, the current executive administration will file a bill that both requires parole and other post-release supervision while also serving to increase access to employment opportunities for individuals with CORIs. Kevin Burke spearheaded the audit of the State Criminal record system (WBZ, “Audit finds Massachusetts Criminal Records System outdated,” May 5, 2009) At this press release, which was sponsored by ROCA, a non-profit organization in Chelsea, Burke suggested that CORI reform was being “smart on crime; Burke suggested that It’s clear the initiatives filed today will help us improve public safety in the Commonwealth.” (“Patrick Adminstration to File Bills to Strenghten Public Safety” Press Release for Patrick-Murray Administration,
  • 7. http://www.mass.gov/?pageID=gov3pressrelease&L=1&L0=Home&sid=Agov3&b=pressrelease &f=090507_public_safety&csid=Agov3). Suprises: Includes section that addresses mandatory minimums for drug crimes; wherein the bill would make all individuals sentenced for drug crimes eligible for parole when they have served 2/3 of their maximum sentence. (“Patrick Adminstration to File Bills to Strenghten Public Safety” Press Release for Patrick-Murray Administration, http://www.mass.gov/?pageID=gov3pressrelease&L=1&L0=Home&sid=Agov3&b=pressrelease &f=090507_public_safety&csid=Agov3). Also suggests that individuals can receive notice of when someone has requested their CORI reform. (“Patrick Adminstration to File Bills to Strenghten Public Safety” Press Release for Patrick-Murray Administration, http://www.mass.gov/?pageID=gov3pressrelease&L=1&L0=Home&sid=Agov3&b=pressrelease &f=090507_public_safety&csid=Agov3). Pushing for internet-based system that provide records for those individuals with convictions and/or pending cases (“Criminal records, revisited. The Boston Globe. Globe Editorial, May 7, 2009, Copyright Globe Newspaper Company) Intresting parts of this bill “a portion of the fees paid by employers and housing providers who seek to access CORI will fund re-entry and job training programs” (“Patrick Adminstration to File Bills to Strenghten Public Safety” Press Release for Patrick-Murray Administration, http://www.mass.gov/?pageID=gov3pressrelease&L=1&L0=Home&sid=Agov3&b=pressrelease &f=090507_public_safety&csid=Agov3). CONCESSIONS- EVERYONE Can concede that CORI form is old and outdated. Revitalizing CORI a must. to distribution and use of criminal offender record information 1st opposition SEEN AS BEING SOFT ON CRIME-Which in our society seems to be one particular form of political suicide. For example in response to an April 2006 Cori Reform Rally held at the Boston Common, Robert Kenney, president of the Boston Police Detectives Benevolent Society said that one of the advocates at the rally, Bobby Dellelo (who served 40 years in the Walpole prison for first-degree murder and then plead guilty to manslaughter) was “in no position to advocate reform.” He told the Boston Globe that Dellelo’s presence at the rally was disgusting; he stated that “it‘s shocking we’re supposed to feel sorry for a guy who killed a police officer…There is no reason for him to be walking the streets. (Cramer &Tench) Robert Faherty, the retired superintendent of the Boston Police Department responds in similar ways to Kenney; speaking to the Boston Globe Staff he suggests that “Dellelo wants a second chance? Georgie [the cop murdered in the attempted robbery that Dellelo was an accomplice to] never got a second chance” (Cramer & Tench)
  • 8. Has potential political repercussion-support for CORI Reform, as part of the Public Safety Act of 2006 was positioned as weakness where , Kerry Healey, the former opponent of the current Governor, Deval Patrick tried to emphasize Patrick’s support for CORI; Healey construed Patrick’s support of CORI to be indicative of Patrick endorsement of unaccounted for criminals and unsafe streets (The Boston Globe, “Scrutiny of Criminals heats up race; Healy Presses Patrick on background checks,” Andrea Estes, September 24, 2006). Opposition (Liability) Sept 18 2007 AIM- state’s largest nonprofit, nonpartisan association of Massachusetts’ employers. , In a statement to the Joint Committee on the Judiciary in 2007, the Associated Industries of Massachusetts expressed much resistance to H 1416, the act to improve Public Safety of the Commonwealth. John Regan, the Executive Vice President of Government Affairs for Associated Industries of Massachusetts suggested that AIM was opposed to any legislation that curtailed access to or limited the scope of the current CORI system. Regan’s statements to the Committee emphasize the importance of CORI as a safety mechanism; moreover he articulates how sincerely concerned employers are when it is the case that potential applicants with CORI’s serve as a serious liability and a serious risk for a company. He suggests that CORI is extremely helpful in protecting the financial interests of the company in that it “gives employers the ability to remain compliant with industry standards and existing public safety laws.” Regan suggests that CORI reform would make Massachusetts “one of the most restrictive states in the country in this area” given that request for CORI’s are already strict and stringent. SEX OFFENESES HAVE NOTHING to do with that (Can’t do it) September 18, 2007. Massachusetts Bankers Association, speaking on behalf of 205 commercial, cooperative savings and federal saving banks in Massachusetts. David Floreen, the senior Vice President of The MBA admits that the state’s CORI law is not perfect, yet nevertheless is against CORI reform. The MBA suggests that they oppose a bill to curtail employers’ access to CORI data because all banks “are subject to a myriad of specific regulations and guidance from federal bank regulators regarding the conduct of background checks for new employees.” The regulations are issued by the Federal Deposit Insurance Corporation (FDIC). Yet, the MBA also cite the Federal Financial Institutions Examination Council (FFIEC) that suggests all banks must ensure that all employees were never convicted of a criminal offense. Mass District Attorney’s Association: Jonathan Blodgett, Essex DA, President of MDAA Law enforcement should have access to a defendant’s full history of court appearances (not contested) -Coris must be accurate and easy to understand More funding for Board
  • 9. Employers need incentives to hire ex-cons (risk management tool) ISSUE: CORI- as a risk management tool. Even though- Non-conviction appear on record IN FAVOR OF REFORM- less access: RESPONE TO LIBALITY: Certificate of Commitment to Rehabilitation- “which would allow individuals to document their participation in treatment programs and services in their CORI in an attempt to assist them in their employment and housing searches up release.(Toby Fisher, National alliance on Mental Illness of Massachusetts) BOX-bigger issue to deal with convicts. IN RESPONSE TO LIABILITY: Francisca Fajana from the Massachusetts Law reform Institute, Inc, testified that there should be “close nexus between a charge and a position” DISCRIMINATION: Karen Arsenault, volunteer for the Neighbor to Neighbor organization says her CORI which consistent of driving offenses is “a modern day scarlet letter” SEALING: The research on recidivism indicates that if an ex-offender has not reoffended within 3 years of misdemeanor or 7 years of a felony, then he/she is no more likely to commit an offense than someone with no criminal record. In addition, CJPC would prefer that the record sealing be automatic (The Pros and Cons of House Bill 5004: A Summary and Analysis, By Joel Pentlarge and Lloyd Fillion. Criminal Justice Policy Coaltiion, http://www.cjpc.org/HB5004.htm) Conclusion: Injustice- insufficient: discrimination because records have not been updates. Deval-funding- Step in right direction but may definetly harp on the ban the box argument. Law enforcement should have access to a defendant’s full history of court appearances (not contested. Office of Secretary/Workforce development of Patrick in favor (testimony found in bill (Festa 1416) Suzanne Bump 2007themes: Accuracy, training, use 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"(http://www.openmediaboston.org/node/263, CORI Bill Stalls in House Ways and Means, Advocates Vow Rematch, Jason Pramas (Staff), Aug-01-08) According to advocates, the bill was primarily defeated by wrangling between the Chair of the House Judiciary Committee State Representative Eugene L. O'Flaherty (D-Chelsea) - 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
  • 10. criminals on parole than off.( http://www.openmediaboston.org/node/263, CORI Bill Stalls in House Ways and Means, Advocates Vow Rematch, Jason Pramas (Staff), Aug-01-08) Aim IN OPPOSITION: 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."( http://www.openmediaboston.org/node/263, CORI Bill Stalls in House Ways and Means, Advocates Vow Rematch, Jason Pramas (Staff), Aug-01-08) Intro: Current climate changing as current abuse of CORI revealed Jan 2008 CORI- History: Createdin1972; wassupposedtoease and improve the disseminationof informationwithinthe criminal justice system(“Foesof arrestnotificationgatherCookoutbringscallsforreformof records data,” The BostonGlobe,BrianR. Ballou,October8th, 2006. Governor $60 million in Budget for Criminal Record reform ( AGAINST:LIABILITY:Attorneysfromthe AssociatedIndustriesof Massachusetts(AIM),criticized language inthe GovernorPatrick’sCORIreformbill;theybelieve thatthe "termsare undefinedinthe anti-discriminationportionof the bill and muchlitigationwill result."(BostonBulletin:”State House march demandsCORIreform,”September20,2007, Connease Warren) IN FAVOR-OPPURTUNITY:JalelleCosgrob,a16 yearoldwitha CORI asked,"Whatam I supposedtodo withthe restof my life?"(BostonBulletin:“State House marchdemandsCORIreform,”September20, 2007, Connease Warren) “Ban the Box” Both the cityof Bostonand Cambridge removedthe “criminal recordcheckbox”fromjobapplications.
  • 11. 2008 beganwithGovernorPatricksigningthe ExecutiveOrderNo.495; the executiveordermandates that an employermustpassawrittenexamonhow to correctlyread a CORI before receivingthe report. The order alsoimplementedanti-discriminationpoliciesforstate agenciesthatemployeepublic workers;thisprohibitsCORIchecksforanypotential employee.Anapplicantmustbe firstconsideredto be qualifiedforthe positionforthe employertobe able torun a CORI check.Most importantly,the executiveorderdismantledregulationsthatprohibitedindividualsfromworkinginHealthandHuman fields;anindividual whowantstoworkwithhealthandhumanwill be consideredforpositionsif that individualhasnotcommittedamisdemeanorinthe pastfive yearsor committedafelonyinthe past10 years.Thus,A majorsuccessfor proponentsof CORIreformisthe removal of the “criminal recordcheck box”from applicationsforjobsinhealthandhumanservice fields.Yetthe battle isnotoverforthose in favorof CORIreform. IN FAVOR:UNFAIRACCESS:JuvenileDepartmentof Youthservices,Departmentof Social Servicesand otheryouth-relatedagencieshave fullaccesstothe criminal recordsof juveniles. “Employersshouldonlyconsidercriminalrecordsforapplicantswhoare otherwisequalifiedforthe job” IN FAVOR COMPARIING STATES: example· 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) (MA CORI reform BWA update, June 24, 2008. http://realcostofprisons.org/blog/archives/2008/06/ma_cori_reform_1.html) 2008 the Judiciary Committee finally presented a CORI reform House Bill 5004; this bill, however, never made it pass the Ways and Means Committee. (Criminal Justice Policy, http://www.cjpc.org/20072008legsession.htm) New York, All charges are supported by the accused’s fingerprints, Fingerprint-based verification system. Connecticut, Automatically expunges certain offenses. Rhode Island: Misdemeanors can be expunged after 5 years; felonies after 10 years: First-time non-violentoffenses can be expunged
  • 12. CONCLUSIONS:CONTENSIONS: Lack of clear guidelines for using CORI Length of time before a record can be sealed The momentumof the grassrootsmovementinthe pastfew yearshascontinued. Worcester passedn ordinance todeal withdiscriminationhiringandthe misuse of the CORIsystem; thisordinance removedthe question“Have youeverbeenconvictedof acrime?”(“WorcesterCORI reformCoalitionHoldsPublicRally,”Examiner.com, April13,2007, AjitaPerera) Introduction: The supportfor reformingthe CORIsystemhassubstantiallyincrease thisyearfollowing. The State Auditorof Massachusetts,JosephDenucci,condemnedthe CORIsystemasitnow standsafter it wasfoundthat lawenforcementpersonnel unjustifiablyaccessedthe personal recordsof many Celebrities(TomBrady’spersonalrecordswere searched968 times).Mostimportantly,Denucci concludedthatmanyprivacyviolationsoccurred,38,000 CORIs hadnot beenupdatedandthusthe CORI systemwasboth“flawedandwoefullyobsolete” andinneedof reform.“Withoutanoverhaul the systemcannotguarantee the reliabilityof law enforcementdecisionsthatdependonthisinformation”( “AuditorBlastsState Criminal RecordsSystemasOutdated,inaccurate,”The BostonGlobe,May5, 2009, http://www.boston.com/news/local/breaking_news/2009/05/auditor_blasts.html) History, 10,000 organizationscanhave accessto CORI reports. In FAVOR STRUCTURE: dramaticallyreduce the longwaitingperiodstoseal aCORI,2) remove non- convictionandnot-guiltycases,3) give anti-discriminationprotectionstojobseekerswithCORIs,and4) empowerjudgestobe able topurge certainjuvenile offenses. CORI LAW HISTORY:Non conviction: “whatever happens to be applicable to each charge.” General Laws, Chapter 6, Section 167. (Further statutory references will be shown in an abbreviated way thecitation just given is abbreviated as G.L . c. 6, § 167 HISTORY: FACTS:
  • 13. Current estimates by CHSB staff are that the agency processes between 1.4 and 1.5 million CORI requests per year. Notethat, assuming 264 work days in a year, the CHSB would appear to send out over 5,000 CORI reports each working day. (page 5 $25 dollar cori report- pg21 (“TheCORI reader, Massachusetts Law Reform Institute, Ernest Winsor, 3rd Edition 7/14/2006 What is on the CORI: , Baseline information includes convictions and pending charges, CORI can also include, Juvenile conviction information, Cases that were dismissed, Cases (“CORI: Balancing Individual Rights and Public Access.” Boston Foundation and Criminal Justice Institute. May 18, 2005) ● continued without a finding, Cases that resulted in dropped charges, Not guilty findings MAIN solution: Limit liability to employers who hire ex-offenders and create incentives that support re-entry ISTssues of paper: Access, accuracy, proper use (“CORI: Balancing Individual Rights and Public Access.” Boston Foundation and Criminal Justice Institute. May 18, 2005) ACCESS ARGUMENT: Access will still be open: For many years, CORI prohibited access to the State Court alphabetical indices containing such numbers but, in 1993 as a result of litigation brought by The Boston Globe, this prohibition upon access to indices was held unconstitutional and the indices are now open to inspection. (Massachusetts Bar Association. Journalists’ Handbook. “CORI: The Criminal Offender Record law information. http://www.massbar.org/about-the-mba/press- room/journalists%27-handbook/11-cori History of scope: In 1977, following the arrest of a school bus driver on pornography charges, CORI was made accessible to a third category of users - any agency or individual "where it has been determined that the public interest in disseminating such information" outweighed the privacy rights of the CORI subjects.) access to CORI has been steadily expanding to provide access, and increasingly mandated checks, by entities serving elderly, children and disabled; state health and human service providers; nursing homes, school districts and more, Winsor says. USE/ACCESS: Percent survey of 196 Boston-area businesses found that 80 percent of them have a formal policy for background checks. notes that, thanks to the Internet, background checks on prospective employees are easier to conduct than ever and private background check services are more affordable.(WBJournal.com, “Confusion over CORI,” Micky Baca)
  • 14. Cori reformmisconstruedasbeingsoftoncrime- politicallysensitive subject Beingsmarton crime- cost savingmeasure-makingsure people are tax-payers. 4 daysbefore sessionwasover.House of judiciaryset Senate andhouse were beafing Handnt gotbill outof committee forthree Mandatory post-release supervision- aminimumof nine months- regressive concept-takingon someone sentences