105
CMR 950.000: CRIMINAL OFFENDER RECORD CHECKS
105 CMR: DEPARTMENT OF PUBLIC HEALTH
DISCLAIMER:
All Regulations posted on this website are UNOFFICIAL versions.
The OFFICIAL versions of all state statutes and regulations (and
many DPH policies) are available through the Massachusetts
State Bookstore.
105 CMR 950.000: CRIMINAL
OFFENDER RECORD CHECKS
105 CMR: DEPARTMENT OF PUBLIC HEALTH
950.001: Purpose
The purpose of 105 CMR 950.001 et seq. is to establish standardized
procedures for the Department of Public Health (Department) and
Department funded programs regarding the review
of criminal records of candidates for employment or regular volunteer
or training positions. The Criminal History Systems Board (CHSB)
has authorized Executive Office of Health and Human Services (EOHHS)
agencies and their vendor agencies to receive criminal record information
regarding present or prospective employees in any program funded
or operated by such agencies.
950.002: Policy
In order to ensure that employees or other persons regularly providing
client or support services with the potential for unsupervised contact
in any program or facility of the Department or in vendor
agency programs funded by the Department are appropriate
for serving in their positions, a Criminal Offender Record Information
(CORI) check shall be performed on candidates for positions in such
programs or facilities, as provided in these regulations. It is
the policy of EOHHS and the Department that convictions of certain
crimes presumptively pose an unacceptable risk to the vulnerable
populations served by the Department and its vendor agencies. These
regulations set forth minimum standards. Stricter standards may
be set by vendor agencies.
950.003: Scope
These regulations apply to candidates seeking employment or regular
trainee or volunteer positions, which entail the potential for unsupervised
client contact in the Department and/or
Department funded vendor agency programs. At the
discretion of the hiring authority, the scope of these regulations
may be expanded to include potential employees, including volunteers,
interns, students or other persons regularly offering support to
any program or facility in either a paid or unpaid capacity, whose
services do not entail the potential for unsupervised client contact,
upon appropriate certification by the CHSB.
950.004: Authority
105 CMR 950.000 is promulgated pursuant to M.G.L. c.111, ss. 3 and
5.
950.005: Definitions
Applicant: Any person seeking employment or a position as
a regular volunteer or trainee to provide services for or on behalf
of the Department or its vendor agency programs, where such employment
or position involves potential unsupervised contact with program
clients. Employment includes but is not limited to placement in:
state positions; federal positions; positions funded by grants,
bonds or other capital outlay; and, vendor agency positions.
Candidate: Any person receiving a conditional offer for
employment or a position as a regular volunteer or trainee,
subject to consideration of any criminal record, to provide services
for or on behalf of the Department or its vendor agency programs,
where such employment or position involves potential unsupervised
contact with program clients. Employment includes but is not limited
to placement in: state positions; federal positions; positions funded
by grants, bonds or other capital outlay; and vendor agency positions.
Community Service Worker: Any individual who, as a condition
of probation, applies for a position.
Criminal History Systems Board (CHSB) EOHHS CORI Unit: The
EOHHS sponsored unit within the Criminal History Systems Board which
processes requests for CORI information from EOHHS agencies and
offers technical assistance with any question arising from the results
of a search.
Criminal Justice Official: Either the candidate’s probation
officer, parole officer or correctional facility superintendent
(or designee), depending upon the person having the most recent
responsibility for supervision of the candidate. In cases where
the candidate was last supervised in a correctional facility, the
candidate may advise the hiring authority of any employee of the
correctional facility who may have specific information about the
candidate that would assist the superintendent or designee in his/her
assessment process.
Criminal Offender Record Information (CORI): Information
regulated by the Criminal History Systems Board and maintained by
the Board of Probation regarding criminal information of
persons within the Massachusetts Court system.
CORI Cleared Employee: Any candidate hired as an employee
after successfully satisfying the requirements of 105 CMR 950.000.
CORI Coordinator: The person designated by the hiring authority
to send requests and receive responses from the CHSB EOHHS CORI
Unit.
CORI Investigation: The process of requesting, receiving
and evaluating CORI related to candidates for a position with DPH
or a vendor agency program.
Department: The Department of Public Health, referred to
as “Department”.
Department Funded or Operated Program: Any program operated
by the Department or contracted and funded by the Department with
a vendor agency that provides services for or on behalf of Department
clients.
Discretionary Disqualification: A candidate shall be ineligible
for a position that entails potential unsupervised contact with
persons receiving services at a Department funded or operated program
if he or she has been convicted of or has pending any charge for
any crime in Table B or Table C, unless the hiring authority has
complied with the provisions of section 950.106.
Hiring Authority: The person legally authorized or designated
to make hiring decisions within the affected agency, department,
office, program, or facility.
Lifetime Presumptive Disqualification: A category
of offenses specified in Table A, for which conviction of any included
offense results in a presumption of a lifetime disqualification
for employment or other service which entails potential unsupervised
contact with persons receiving services in any Department funded
or operated program, due to the presumed unacceptable risk posed
by the nature of the crime to persons receiving services. A lifetime
presumptive disqualification shall become a discretionary disqualification
if: (i) the candidate’s criminal justice official concludes in writing
that the candidate, within the position sought, does not pose an
unacceptable risk of harm to the persons served by the program,
or (ii) if the candidate’s criminal justice official has been determined
by the hiring authority to be unavailable or has indicated to the
hiring authority that she has insufficient information to render
an assessment, then the hiring authority shall, at the candidate’s
request, seek an assessment of the candidate’s
risk of harm from a qualified mental health professional. Upon assessment,
the qualified mental health professional concludes in writing that
the candidate, within the position sought, does not pose an unacceptable
risk of harm to the persons served by the program.
No Record: The conclusion from a CORI search that convictions
or pending charges relating to the candidate have not been found.
A finding of “no record” does not necessarily mean, however, that
criminal information is not present in the CORI database.
Pending: A criminal offense shall be considered pending if
the CORI report indicates that the offense remains
open and without final resolution, including a case continued without
a finding.
Position: Employment, service by a regular volunteer, or
trainee.
Potential Unsupervised Contact: Potential for contact
with a person who is receiving or applying for services in a Department
or vendor agency program when no other CORI cleared employee
is present. A person having only the potential for incidental unsupervised
contact with clients in commonly used areas such as elevators, hallways
and waiting rooms shall not be considered to have the potential
for unsupervised contact for purposes of the regulations. These
excluded areas do not include bathrooms and other isolated areas
(not commonly utilized or separated by sight and sound from other
staff) that are accessible to clients.
Qualified Mental Health Professional: A psychiatrist, licensed
to practice medicine under M.G.L. c. 112, § 2, a psychologist, licensed
under M.G.L. c. 112, §§ 118-121, or a licensed independent clinical
social worker, licensed under M.G.L. c. 112, §§ 130-132, provided
that the psychiatrist, psychologist, or licensed independent clinical
social worker has at least 1,000 hours of experience over a minimum
of two years involving the assessment, treatment, and consultation
concerning individuals with behavior that presents a risk of harm
to others in the community, in the workplace, in treatment settings,
or in correctional facilities; provided further that the psychiatrist,
psychologist, or licensed independent clinical social worker has
not provided treatment to the candidate.
Trainee: Any person enrolled in an academic program or participating
in a pre or post-doctoral training program that is affiliated with
an accredited educational institution or hospital, who receives
a placement within the Department or a vendor agency program.
Vendor Agency Program: The provision of client services by
any individual, corporation, partnership, organization, trust, association
or other entity through funding by or contract with the
Department.
Volunteer: Any person who works in an unpaid capacity for
the Department or a vendor agency program. For
the purposes of this provision, a current client at
a facility or program who provides unpaid services at that facility
or program shall not be considered a volunteer at that facility
or program.
Work Release Program: A program of unpaid work performed
by any individual who is under the custody of the state or county
correctional system.
950.100: Applicant Disclosure of Criminal Record Information
All applicants for a position in DPH or a vendor
agency program shall complete an application form that contains
a section requiring the applicant to disclose whether
or not he or she has a criminal record and what
crimes, if any, he or she has been convicted of, consistent with
the requirements of M.G.L. c. 151B, §4 (9).,,, The
application shall not require an applicant to disclose: (i) an arrest,
detention, or disposition regarding any violation of law in which
no conviction resulted, or (ii) a first conviction for any of the
following misdemeanors: drunkenness, simple assault, speeding, minor
traffic violations, affray, or disturbance of the peace, or (iii)
any conviction of a misdemeanor where the date of such conviction
or the completion of any period of incarceration resulting therefrom,
whichever date is later, occurred five or more years prior to the
date of such application for employment or such request for information,
unless such person has been convicted of any offense within five
years immediately preceding the date of such application for employment
or such request for information. No application for employment shall
be considered complete unless the applicant completes
this section.
950.101: Community Service and Work Release Workers
Any Department or vendor agency program that participates
in either a criminal justice related community service program or
a work release program shall require all individuals who participate
to disclose his or her criminal record in conformance with section
950.100 on a form signed by the individual’s criminal justice official.
In addition, as a condition of participation, the criminal justice
official must conclude in writing that the individual will not pose
an unacceptable risk to program clients or that the community service
or work release program will take responsibility for providing supervision
at all times.
950.102: Hiring Authority Responsibilities
(1) The hiring authority shall ensure that each applicant
provides consent to a CORI investigation as part of his/her
application and to the periodic conduct of further CORI investigations
during the course of employment with the Department or
the vendor agency program. The hiring authority shall also inform
the applicant that his or her CORI may be utilized by the criminal
justice official or qualified mental health professional conducting
themselves in conformance with sections 950.101, 950.105 and 950.106;
and Department personnel responsible for carrying out the provisions
of sections 950.106, 950.108 and 950.109. Such
consent shall be required in the hiring authority’s employment application
form.
(2) The hiring authority shall require, as a condition of an offer
of a position, the satisfactory completion of the CORI investigation.
The hiring authority shall confirm an offer of a position
only after the hiring authority receives written confirmation
that the criminal record investigation has resulted in a finding
of “no record” or until the hiring authority has complied with the
requirements of sections 950.103, 950.104, 950.105 and 950.106.
(3) The hiring authority shall review positive findings from the
CORI investigation.
(4) The hiring authority shall not permit any candidate to commence
employment or other service until after the candidate is cleared
as a result of the CORI investigation, in accordance with these
regulations.
950.103: CORI Investigations
(1) All applicants shall complete the appropriate
CORI request form.
(2) After the hiring authority makes a conditional offer of a position
to an individual, subject to consideration
of any criminal record, the completed CORI request form
or electronic equivalent shall be forwarded to the CHSB EOHHS CORI
Unit, in accordance with the policies of the CHSB.
(3) All CORI investigations that result in a finding of “no record”
shall be transmitted back to the hiring authority and shall provide
sufficient evidence of suitability for hire for 60 business days.
A “no record” finding may be used to establish suitability for other
positions during this 60 day period.
(4) All CORI investigations that show findings of criminal records
shall be sent immediately to the hiring authority for review consistent
with 105 CMR 950.000
950.104: Findings from CORI Investigations
(1) If the CORI investigation reveals a finding of “no record,”
such finding shall be documented in the candidate’s file.
(2) If the CORI investigation reveals:
(a) a “lifetime presumptive disqualification” on
the candidate’s record, as specified in section 950.105 (1), the
candidate shall be informed by the hiring authority that he or she
is ineligible for any position in a Department
or a vendor agency program where there is potential unsupervised
contact with persons applying for or receiving services unless there
is compliance with the provisions of sections 950.105(1) and 950.106;
(b) a crime that is a “discretionary disqualification”
on the candidate’s record, the candidate shall be informed by the
hiring authority that he or she is ineligible for any position
in a Department or vendor agency program where
there is potential unsupervised contact with persons applying for
or receiving services, unless there is compliance with the provisions
of section 950.106.
(3) If the CORI investigation reveals an outstanding warrant for
any offense on the candidate’s record, the candidate shall be informed
by the hiring authority that he or she is ineligible for any position
in a Department or a vendor agency program where there is potential
unsupervised contact with persons applying for or receiving services
until the warrant is removed.
950.105: Disqualifications
(1) Lifetime Presumptive Disqualification. A candidate shall
be ineligible for any position involving unsupervised contact in
a Department or vendor agency program if he or she has been convicted
of any of the crimes listed in Table A, or has
any pending charges involving crimes listed in Table A unless:
(a) (i) the candidate’s criminal justice official concludes in writing
that the candidate, within the position sought in a Department funded
or operated program, does not pose an unacceptable risk of harm
to the persons served by the program. The criminal justice official
shall also refer to the criteria listed in section 950.106 (1);
or (ii) if the candidate’s criminal justice official has been determined
by the hiring authority to be unavailable or has indicated to the
hiring authority that she has insufficient information to render
an assessment, then the hiring authority shall, at the candidate’s
request, seek an assessment (the cost of which
shall be borne by the hiring authority) of the candidate’s risk
of harm from a qualified mental health professional.
Upon assessment, the qualified mental health professional concludes
in writing that the candidate, within the position sought in a Department
funded or operated program, does not pose an unacceptable risk of
harm to the persons served by the program. The qualified mental
health professional shall also refer to the criteria listed in section
950.106 (1); and
(b) the hiring authority has complied with the provisions of section
950.106.
(2) Discretionary Disqualification. A candidate shall be
ineligible for any position involving potential unsupervised contact
in a Department funded or operated program
if he or she has been convicted of or has a pending charge
for any of the crimes listed in Table B or Table
C, unless the hiring authority has complied with
the provisions of section 950.106.
950.106: Provisions for Review of a Candidate in any Discretionary
Disqualification Category
(1) Every candidate for whom the CORI investigation reveals a “lifetime
presumptive disqualification,” who has otherwise met the requirements
for further consideration set forth in section
950.105, or a “discretionary disqualification” shall, unless the
hiring authority has decided to withdraw the conditional offer of
a position, receive additional review by the Department or the hiring
authority to determine if the candidate poses an
unacceptable risk of harm to the persons served by the program within
the position sought. In reviewing the candidate’s appropriateness
for employment given the concern for client safety due weight shall
be given the following factors:
(a) Time since the conviction;
(b) Age of the candidate at the time of the offense;
(c) Seriousness and specific circumstances of the offense;
(d) Relationship of the criminal act to the nature of the work to
be performed;
(e) The number of offenses;
(f) Any relevant evidence of rehabilitation or lack thereof;
(g) Any other relevant information, including information submitted
by the candidate or requested by the hiring authority.
Information considered pursuant to 105 CMR 950.106(1)(g) may include
documentation from the candidate’s criminal justice official, if
not already supplied pursuant to 105 CMR 950.105(1), treating professional,
or other knowledgeable source, such as the police, courts, or prosecuting
attorneys.
(2) Following the review, the Hiring Authority shall determine whether:
(a) To hire the candidate based upon a determination that the candidate
does not pose a danger to the program’s clients; or
(b) To not hire the candidate.
Nothing herein shall be construed as preventing the hiring authority
from deciding not to hire the candidate for any other reason.
(3) If a decision is made to hire the candidate,
the hiring authority shall make a written determination of such
decision, documenting the considerations outlined in 105 CMR 950.106(1)
(a)-(g), and the rationale for the conclusion that the candidate
does not pose a danger to the program’s clients within the position
sought.
(4) The hiring authority shall submit such
written documentation to the Department immediately upon a decision
to hire the individual.
(a) If the candidate has been convicted of
or has a pending charge for any of the crimes listed in Tables A
and B, the hiring authority shall not proceed to hire the individual
for five business days during which time the Commissioner may, after
review of the determination, disapprove the hire.
(b) If the candidate has been convicted of
or has a pending charge for any offense in Table C, the hiring authority
may proceed to hire the individual, unless the provisions of 105
CMR 950.106 (6) apply.
(5) The Department shall conduct an annual
review of such written determinations for candidates with crimes
listed in Table C to ensure compliance with the requirements of
195 CMR 950.104, 950.105 and 950.106.
(6) Based on the annual review pursuant to
105 CMR 950.106 (5) or other relevant information obtained by the
Department that raises concerns about the hiring authority’s compliance
with these requirements, the Department may require the hiring authority
to submit such written determinations prior to hiring the individual.
The Commissioner shall have five business days following receipt
of the determination to disapprove the hire. The Department may
require the hiring authority to follow such prior review process
for as long a period as it determines is necessary to ensure that
the hiring authority is complying with the requirements of 105 CMR
950.104, 950.105, and 950.106.
950.107: Exemption from Certain Requirements
The Commissioner may grant a funded or operated
program an exemption from the requirements of sections
950.106 (4)(a), except for those candidates in
the lifetime presumptive disqualification category, upon determination
by the Commissioner that an exemption is warranted following consideration
of the following criteria:
(1) The service needs and level of vulnerability of the clients
served by the program;
(2) The potential benefits and risks to those clients as a result
of the exemption;
(3) The hiring authority’s capacity to perform the review required
by 950.106.
Whenever the Commissioner grants the exemption,
he shall document in writing the basis for determining
that the exemption is warranted, including providing an
assessment of the level of vulnerability of the clients
served by the program. The Commissioner may revoke
the exemption at any time without prior written notice.
No program shall be eligible for an exemption
pursuant to this section if it serves clients 16 years of age or
younger or if it serves a population that is primarily 65 years
of age or older.
950.108: Dissemination
CORI records may be disseminated only to individuals certified by
the CHSB to receive such information, such as designated representatives
of the hiring authority or the CORI Coordinator. The hiring authority
shall maintain a listing of persons so certified. Willful dissemination
of Criminal Offender Record Information to unauthorized individuals
is punishable by a jail sentence of up to one year and/or a fine
of $5,000 in addition to civil penalties, pursuant to M.G.L. c.
6 §178.
950.109: Incidents
Any hiring authority receiving an allegation that an employee with
a positive CORI history has harmed a client in a Department
or vendor agency program shall immediately report the allegation
to the General Counsel of the Department. Such
notification shall include documentation of the basis for the hiring
decision.
950.110: Severability
If any provisions of 105 CMR 950.001 through 950.109, inclusive,
or the applications of such provisions to any person or circumstance
are held invalid, the other provisions of said 105 CMR 950.001 through
950.109, inclusive, or the application of such provisions to any
person or circumstance other than that as to which it is held invalid,
shall not be affected thereby.
950.200: Tables of Offenses
|
Table A |
MGL |
A&B,
DANGEROUS WEAPON, VICTIM 60 AND OLDER
|
c.265
§ 15A(a) |
A&B
CHILD W/ INJURY
|
c.265
§13J |
A&B
ON RETARDED PERSON
|
c.265
§ 13F |
ADMINISTERING
DRUGS/SEX
|
c.272
§ 3 |
ARMED
ASSAULT W/INTENT TO MURDER OR ROB
|
c.265
§ 18(b) |
ARMED
ASSAULT W/INTENT TO MURDER OR ROB, VICT 60+
|
c.265
§ 18(a) |
ARMED
ASSAULT, DWELLING, W/FELONY INTENT
|
c.265
§ 18A |
| ARMED
CARJACKING |
c.265
§ 21A |
ARMED
ROBBERY
|
c.265
§ 17 |
ASSAULT
W/INTENT TO MURDER OR MAIM
|
c.265
§ 15 |
ASSAULT
W/INTENT TO RAPE
|
c.265
§ 24 |
ASSAULT
W/INTENT TO RAPE CHILD
|
c.265
§ 24B |
ATTEMPT
ESCAPE OR ESCAPE BY PRISONER OR SEX/DANG
|
c.268
§ 16 |
ATTEMPT
TO MURDER
|
c.265
§ 16 |
BURNING
DWELLING HOUSE
|
c.266
§ 1 |
DISTRIBUTE
CONTROLLED SUBSTAN, MINOR
|
c.94C
§ 32F |
EXHIBIT
POSING CHILD
|
c.272
§ 29A |
EXTORTION
|
c.265
§ 25 |
| HOME
INVASION |
c.265
§ 18C |
INCEST
|
c.272
§ 17 |
INDECENT
A&B, CHILD 14 OR OVER
|
c.265
§ 13H |
INDECENT
A&B, CHILD UNDER 14
|
c.265
§13B |
INDECENT
A&B, RETARDED PERSON
|
c.265
§ 13F |
| INDUCE
MINOR TO PROSTITUTION |
c.272
§ 4A |
INTIMIDATION
OF WITNESS
|
c.268
§ 13B |
KIDNAPPING
|
c.265
§ 26 |
| MALICIOUS
EXPLOSION |
c.266
§101 |
MANSLAUGHTER,
NEGLIGENCE (MINOR/CHILD)
|
c.265
§ 13 |
MANSLAUGHTER
|
c.265
§ 13 |
| MAYHEM |
c.265
§14 |
MURDER
|
c.265
§ 1 |
PERJURY
|
c.268
§ 1 |
RAPE
|
c.265
§22(b) |
RAPE
AGGRAVATED
|
c.265
§ 22(a) |
RAPE,
STATUTORY
|
c.265
§ 23 |
TRAFFICKING
IN COCAINE
|
c.94C
§ 32E (b) (4) |
TRAFFICKING
IN HEROIN
|
c.94C
§ 32E (c) (4) |
TRAFFICKING
IN MARIJUANA
|
c.94C
§ 32E (a) (4) |
UNNATURAL
ACTS W/CHILD UNDER 16
|
c.272
§ 35A |
CONSPIRACY
TO COMMIT ANY OF ABOVE OFFENSES
|
|
| ACCESSORY
BEFORE ANY CRIME IN THIS CATEGORY |
|
| ATTEMPTS
TO COMMIT ANY CRIME IN THIS CATEGORY |
|
|
|
Table
B |
MGL |
A&
B DANGEROUS WEAPON
|
c.265
§ 15A |
A&B
INTIMIDATION, RACE/COLOR/RELIGION
|
c.265
§ 39(a) |
ACCESSORY
BEFORE FACT
|
c.274
§ 2 |
ACCESSORY
AFTER FACT(VARIABLE)
|
c.274
§ 4 |
AID
ESCAPE FROM CUSTODY
|
c.268
§ 17 |
ASSAULT
BY DANGEROUS WEAPON
|
c.265
§ 15B(b) |
| ASSAULT
BY DANGEROUS WEAPON, VICTIM 60 AND OLDER |
c.265
§ 15B(a) |
ATTEMPT
TO BURN DWELLING HOUSE
|
c.266
§ 5A |
ATTEMPT
TO COMMIT CRIME (VARIABLE)
|
c.274
§6 |
ATTEMPTED
EXTORTION
|
c.265
§25 |
BOMB
SCARE
|
c.269
§ 14 |
B&E
DAY, INTENT COMM FELONY
|
c.266
§ 18 |
B&E
DAY, INTEND COMM FELONY, FEAR
|
c.266
§ 17 |
B&E
NIGHT, BLDG/SHIP/M/V, INTEND COMM FELONY
|
c.266
§ 16 |
B&E
TRUCK, INTEND COMM FELONY
|
c.266
§ 20A |
BRIBERY
OF A POLICE OFFICER
|
c.268A
§ 2 |
| BURGLARY,
ARMED |
c.266
§14 |
BURGLARY,
UNARMED
|
c.266
§ 15 |
BURNING
BUILDING
|
c.266
§2 |
BURNING
M/V OR PERSONAL PROPERTY
|
c.266
§ 5 |
BURNING
TO DEFRAUD INSURANCE CO.
|
c.266
§ 10 |
CARRYING
DANGEROUS WEAPON, COMMITTING FELONY
|
c.269
§ 10(b) |
CARRYING
DANGEROUS WEAPON, SUB OFFENSE
|
c.269
§ 10(d) |
CARRYING
LOADED RIFLE/SHOTGUN, PUBLIC WAY
|
c.269
§ 12D |
CIVIL
RIGHTS VIOLATION, BODILY INJURY
|
c.265
§ 37 |
COMPOUNDING
FELONY
|
c.268
§ 36 |
CONTRIBUTE
DELINQUENCY CHILD
|
c.119
§ 63 |
DELIVER
ARTICLES TO INMATE
|
c.268
§ 31 |
DELIVER
DRUGS TO PRISONER
|
c.268
§ 28 |
| DERIVING
SUPPORT FROM PROSTITUTE |
c.272
§ 7 |
DISTRIBUTING
OBSCENE PICTURES
|
c.272
§ 28 |
DRUG
PARAPHENELIA
|
c.94C
§ 32I(a) |
ENTER
W/O BRK, BLDG/SHP/M/V, INT FEL , FEAR
|
c.266
§ 17 |
ENTER
W/O BRK, NIGHT, DWELL, INTEND COMM FELONY
|
c.266
§ 18 |
ENTICE
FEMALE, SEX, INTERCOURSE
|
c.272
§ 2 |
ESCAPE,
FURLOUGH
|
c.268
§ 16 |
ESCAPE
BY PRISONER
|
c.268
§ 16 |
FALSE
INFORMATION FOR GUN PERMIT
|
c.140
§ 129 |
FORGERY,
ALTER PRESCRIPTION
|
c.94C
§ 33(b) |
FUGITIVE
FROM JUSTICE
|
c.276
§ 20A |
INDUCE
PROSTITUTION
|
c.272
§ 6 |
| INDUCE
SEX, MINOR |
c.272
§ 4 |
INVOLUNTARY
MANSLAUGHTER
|
c.265
§ 13 |
KIDNAPPING
MINOR BY RELATIVE
|
c.265
§ 26A |
| KIDNAPPING
MINOR BY RELATIVE, ENDANGER SAFETY |
c.265
§ 26A |
LARCENY,
BANK EMPLOYEE OR OFFICER
|
c.266
§ 52 |
LARCENY,
CONTROLLED SUBSTANCE, FROM AUTHORIZED PERSON
|
c.94C
§ 37 |
LARCENY
FIREARM
|
c.266
§ 30 |
LARCENY,
PERSON
|
c.266
§ 25 |
LARCENY,
PERSON 65+
|
c.266
§ 25 |
MANUFACTURE/DISTRIBUTE
CLASS A SUBSTANCE
|
c.94C
§ 32 |
MANUFACTURE/DISTRIBUTE
CLASS B SUBSTANCE
|
c.94C
§ 32A |
MANUFACTURE/DISTRIBUTE
CLASS C SUBSTANCE
|
c.94C
§ 32B |
MANUFACTURE/DISTRIBUTE
CLASS D SUBSTANCE
|
c.94C
§ 32C |
MANUFACTURE/DISTRIBUTE/DISPENSE
CLASS B SUBSTANCE
|
c.94C
§ 32A |
MFG/DIST/DISPENSE
CL A W/IN 1000FT SCHOOL
|
c.94C
§ 32J |
MFG/DIST/DISPENSE
CL B W/IN 1000FT SCHOOL
|
c.94C
§ 32J |
M/V
HOMICIDE, NEGLIGENT OPERATION
|
c.90
§ 24G(b) |
M/V
HOMICIDE, RECKLESS OPERATION
|
c.90
§ 24G(b) |
M/V
HOMICIDE, UNDER INFLUENCE DRUGS, NEGLIGENT OR RECKLESS
|
c.90
§ 24G(a) |
M/V
HOMICIDE, UNDER INFLUENCE LIQUOR
|
c.90
§ 24G(b) |
M/V
HOMICIDE, UNDER INFLUENCE LIQUOR, NEGLIGENT OR RECKLESS
|
c.90
§24G(b) |
OPERATE
M/V UNDER INFLUENCE, SERIOUS INJURY
|
c.90
§24(1)(a)(1) |
OPERATE
M/V UNDER INFLUENCE, DRUGS, 3RD OFFENSE
|
c.90
§24(1)(a)(1) |
OPERATE
M/V UNDER INFLUENCE, LIQUOR, 3RD OFFENSE
|
c.90
§24 |
POSSESS
BURGLARIOUS TOOLS
|
c.266
§ 49 |
POSS
CL A SUB W/INT TO DIST W/INT 1000FT SCHOOL
|
c.94C
§ 32J |
POSS
CL B SUB W/INT TO DIST W/INT 1000FT SCHOOL
|
c.94C
§ 32J |
POSS
CL B SUB W/INT TO DIST/MFG/CULT W/INT 1000FT SCHOOL
|
c.94C
§ 32J |
POSSESS
CLASS A SUBSTANCE
|
c.94C
§34 |
POSSESS
CLASS A SUBSTANCE, INTENT TO DISTRIBUTE
|
c.94C
§ 32(a) |
POSSESS
CLASS B SUBSTANCE
|
c.94C
§34 |
POSSESS
CLASS B SUBSTANCE, INTENT TO DISTRIBUTE
|
c.94C
§ 32A(a) |
POSSESS
CLASS B SUBSTANCE, W/INTENT DIST/MFG
|
c.94C
§ 32A |
POSSESS
CLASS C SUBSTANCE, INTENT TO DISTRIBUTE
|
c.94C
§ 32B(a) |
POSSESS
CLASS C SUBSTANCE, SUB OFFENSE
|
c.94C
§34 |
POSSESS
CLASS D SUBSTANCE, INTENT TO DISTRIBUTE
|
c.94C
§ 32C(a) |
POSSESS
CLASS D SUBSTANCE, SUB OFFENSE
|
c.94C
§34 |
POSS
CLASS D SUB W/INT TO DIST W/INT 1000FT SCHOOL
|
c.94C
§32J |
POSSESS
CLASS E SUBSTANCE, INTENT TO DISTRIBUTE
|
c.94C
§ 32D |
POSSESS
CONTROLLED SUB W/INTENT DISTRIB, SUB OFF
|
c.94C
§ 32(b) |
POSSESS
FIREARM W/O LICENSE
|
c.269
§10(h) |
POSSESS
FIREARM, SERIAL/ID NUM OBLIT
|
c.269
§ 11C |
| POSSESS
FIREARM, SERIAL/ID NUM OBLIT, COMM FELONY |
c.269
§ 11B |
POSSESS
INFERNAL MACHINE
|
c.266
§ 102A |
POSSESS
MACHINE GUN W/O LICENSE
|
c.269
§10 |
POSSESS
MACHINE GUN OR SAWED OFF SHOT GUN, SUB OFFENSE
|
c.269
§ 10 |
POSSESS
MATTER HARMFUL MINOR
|
c.272
§ 28 |
POSSESS
M/V MASTER KEY
|
c.266
§ 49 |
POSSESSION
SHOTGUN, BARREL UND 18 “SAWED OFF”.
|
c.269
§ 10C |
POSSESS
SHOTGUN, BARREL UND 18 “SAWED OFF, SUB OFF
|
c.269
§ 10D |
RECEIVE/BUY
STOLEN M/V
|
c.266
§ 28(a) |
SELL
AMMUNITON W/O LICENSE
|
c.140
§ 122B |
SELL
OBSCENE LITERATURE, UNDER 18
|
c.272
§ 28 |
SELL
FIREARM W/O LICENSE
|
c.140
§ 128 |
THROW
EXPLOSIVES
|
c.266
§ 102 |
| TRAFFICKING
IN COCAINE W/ IN 1000FT SCHOOL |
c.94C
§ 32J |
TRAFFICKING
IN HEROIN W/ IN 1000FT SCHOOL
|
c.94C
§ 32J |
TRAFFICKING
IN MARIJUANA W/ IN 1000FT SCHOOL
|
c.94C
§ 32J |
UNARMED
ASSAULT, INTENT TO ROB
|
c.265
§ 20 |
UNARMED
ROBBERY
|
c.265
§ 19(b) |
UNARMED
ROBBERY, VICTIM 60+
|
c.265
§ 19(a) |
UNLAWFUL
POSSESSION, BOMB
|
c.148
§ 35 |
UNLAWFUL
POSSESSION, FIREARM, COMMISSION FELONY
|
c.265
§ 18B |
UNLAWFULLY
PLACE EXPLOSIVES
|
c.266
§ 102 |
UNNATURAL
ACTS
|
c.272
§ 35 |
UTTER
FALSE PRESCRIPTION
|
c.94C
§ 33 |
VANDALIZE
CHURCH/SYNAGOGUE/CEMETERY
|
c.266
§ 127A |
VANDALIZE
SCHOOL/CHURCH/EDUCATIONAL BLDG
|
c.266
§ 98 |
VIOLATE
DOMESTIC PROTECTIVE ORDER
|
c.208
§ 34C |
VIOLATE
STALKING LAW
|
c.265
§ 43(a) |
VIOLATION
OF PROTECTIVE ORDER (209A)
|
c.209A
§ 7 |
CONSPIRACY
TO COMMIT ANY OF ABOVE OFFENSES
|
|
ATTEMPTS
TO COMMIT ANY CRIME IN THIS CATEGORY
|
|
| ACCESSORY
BEFORE ANY CRIME IN THIS CATEGORY |
|
|
|
|
|
| Table
C |
|
A&B
|
MGL |
A&B
ON PUBLIC SERVANT
|
c.265
§ 13A |
A&B
ON POLICE OFFICER
|
c.265
§ 13D |
A&B
OR ASSAULT ON CORRECTIONAL OFFICER
|
c.265
§ 13D |
ABANDON
W/O SUPPORT OF SPOUSE, OR MINOR CHILD
|
c.127
§ 38B |
ABANDON
M/V
|
c.273
§ 1(1) |
ACCOSTING
|
c.90
§ 22B |
ADULTERATION
ALCOHOLIC BEVERAGE
|
c.272
§ 53 |
AFFRAY
|
c.138
§ 16 |
ALIEN
IN POSSESS OF FIREARM
|
c.272
§ 53 |
ANNOYING
PHONE CALLS
|
c.140
§ 131H |
ASSAULT
|
c.269
§ 14A |
ATTEMPT
TO INJURE DEPOSITORY OF VALUABLES
|
c.265
§ 13A |
B&E,
INTEND TO COMM MISDEMEANOR
|
c.266
§ 16 |
B&E
RAILROAD CAR
|
c.266
§ 16A |
B&E
RECOGNIZANCE VIOLATION
|
c.266
§ 19 |
BEING
PRESENT WHERE HEROIN KEPT
|
c.276
§ 82A |
CIVIL
RIGHTS VIOLATION, NO BODILY INJURY
|
c.94C
§ 35 |
CREDIT
CARD, LARCENY OF
|
c.265
§ 37 |
CRUELTY
TO ANIMALS
|
c.266
§ 37B |
DISCHARGING
FIREARM, 500FT
|
c.272
§ 77 |
DISCHARGING
WEAPON NEAR HIGHWAY/DWELL, HUN
|
c.269
§ 12E |
DISPENSE
CONTROLLED SUBSTANCE, NOT REGISTERED
|
c.131
§ 58 |
DISTRIBUTE
CONTROLLED, SUBSTAN W/O PRESCRIPTION
|
c.94C
§ 25 |
ENGAGING
IN SEX, PROSTITUTION, “JOHN”
|
c.94C
§ 25(1) |
ENTER
W/O BRK, TRUCK, INTEND COMM FELONY
|
c.272
§ 53A |
FAIL
TO KEEP RECORDS ON CONTROLLED SUBSTANCE
|
c.266
§ 20A |
GAMING,
IMPLEMENTS FOUND PRESENT, MANAGER
|
c.94C
§ 15 |
GAMING,
IMPLEMENTS FOUND PRESENT, OWNER
|
c.271
§ 17 |
HOUSE
OF ILL FAME
|
c.271
§ 17 |
ILLEGAL
POSSESS CLASS C SUBSTANCE
|
c.272
§ 24 |
ILLEGAL
POSSESS CLASS D SUBSTANCE
|
c.94C
§ 34 |
ILLEGAL
POSSESS CLASS E SUBSTANCE
|
c.94C
§ 34 |
INDECENT
EXPOSURE
|
c.94C
§ 34 |
LARCENY
BY CHECK
|
c.272
§ 53 |
| LARCENY
MORE |
c.266
§ 37 |
LARCENY
IN BLDG, SHIP, VESSEL, OR RR CAR
|
c.266
§30 |
LARCENY
IN TRUCK/TRAILER
|
c.266
§ 20 |
LARCENY,
M/V OR TRAILER
|
c.266
§ 20B |
LEAVE
COMM W/O SUPPORT MINOR CHILD OUT OF WDLOCK
|
c.266
§ 28 |
LEAVE
COMM W/O SUPPORT OF SPOUSE & MINOR CHILD
|
c.273
§ 15 |
LEAVE
SCENE AFTER PERSONAL INJURY, M/V
|
c.273
§ 1 |
LEWD
& LASCIVIOUS SPEECH & BEHAVIOR
|
c.90
§ 24(2)(a1/2)(1) |
MALICIOUS
DESTRUC, PERS/REAL PROP, OVER $250
|
c.272
§ 53 |
MANUFACTURE/DISTRIBUTE
CLASS E SUBSTANCE
|
c.266
§ 127 |
NON-SUPPORT
OF MINOR CHILD OUT OF WEDLOCK
|
c.94C
§ 32D(a) |
NON-SUPPORT
OF MINOR CHILD(REN)
|
c.273
§ 15 |
OBSCENE
TELEPHONE CALLS
|
c.273
§1 |
OBSTRUCT
JUSTICE
|
c.269
§ 14A |
OPEN
& GROSS LEWDNESS
|
c.268
§ 34 |
OPERATE
M/V AFTER LICENSE REVOKED FOR DRUNK DRIVING
|
c.272
§ 16 |
OPERATE
M/V UNDER INFLUENCE, DRUGS
|
c.90
§ 23 |
OPERATE
M/V UNDER INFLUENCE, LIQUOR
|
c.90
§ 24(1)(a)(1) |
POSSESS
ALTERED FID CARD
|
c.90
§ 24 |
POSSESS
COUNTERFEIT SUBS W/INTENT DISTRIBUTE
|
c.140
§ 131I |
POSSESS
DANGEROUS WEAPON UNLAWFULLY
|
c.94C
§ 32G |
POSSESS
HYPODERMIC SYRINGE OR NEEDLE
|
c.269
§ 10(b) |
POSSESS
OBSCENE “PORNOGRAPHIC” MATERIAL
|
c.94C
§ 27 |
PROCURE
LIQUOR FOR MINOR
|
c.272
§ 29 |
PROSTITUTION
|
c.138
§ 34 |
RECEIVE
STOLEN PROPERTY, OVER 250
|
c.272
§ 53A |
RIOT
|
c.266
§ 60 |
SELL/DELIVER
ALCOHOLIC BEVERAGES PERSON UNDER 21
|
c.269
§ 1 |
SOLICITING
PROSTITUTE
|
c.138
§ 34 |
SHOPLIFTING,
3RD OR SUB OFFENSE
|
c.272
§ 8 |
SODOMY
|
c.266
§ 30A |
TAKING
M/V W/O AUTHORITY, STEAL PARTS
|
c.272
§ 34 |
TELECOMMUNICATIONS
FRAUD
|
c.266
§ 28 |
UNAUTHORIZED
USE, CREDIT CARD, OVER $250
|
c.166
§ 42A |
UNLAWFUL
POSSESSION, SHOTGUN
|
c.266
§ 37C |
UNLAWFULLY
OBTAIN CONTROLLED SUBSTANCE
|
c.140
§ 129C |
USE
M/V, COMMISSION OF FELONY
|
c.94C
§ 33 |
UTTER
FORGED INSTRUMENT
|
c.90
§ 24(2)(a) |
VIOLATE
SUPPORT ORDER
|
c.267
§ 5 |
VIOLATE
SUPPORT ORDER, MINOR CHILD OUT OF WDLOCK
|
c.273
§1 |
WANTON
DESTRUCTION, PERS/REAL PROPERTY
|
c.273
§ 15 |
WILLFULLY
& MALICIOUSLY BURN M/V
|
c.272
§ 73 |
WILLFULLY
& MALICIOUSLY KILL BEAST
|
c.266
§ 127 |
CONSPIRACY
TO COMMIT ANY OF ABOVE OFFENSES
|
c.266
§112 |
ATTEMPTS
TO COMMIT ANY CRIME IN THIS CATEGORY
|
|
| ACCESSORY
BEFORE ANY CRIME IN THIS CATEGORY |
|
|
|
950.201: Offenses Included
The above offenses include all violations of Massachusetts law or
like violation of the law of the United States, or a military, territorial
or Indian tribal authority. Nothing herein precludes the hiring
authority from considering other criminal convictions not included
in Tables A, B, and C in its hiring decisions.
The hiring authority shall contact the CHSB EOHHS CORI Unit whenever
a CORI investigation reveals an offense that is not included in
Tables A, B, and C and it appears similar in seriousness to included
offenses. The CHSB EOHHS CORI Unit, in consultation with the EOHHS
General Counsel, shall determine, taking into account the purposes
of these regulations, if the offense is similar to one of the included
offenses. If it is determined to be similar, then it shall be considered
to be included in the same category as the included offense. If
it is determined to be not similar, then it shall be considered
for inclusion into the appropriate category through the regulatory
process.
|
